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Home My WebLink AboutFence for Lower Road Sump r. C= Town Hall, 53095 Main Road y Qt' P.O. Box 728 �1 = � Southold, New York 1 1971 JUDITH T.TERRY TELEPHONE Towvv CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS 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 FEBRUARY 25, 1986: RESOLVED that the Town Board of the Town of Southold hereby accepts the bid of Riverhead Fence Company for supplying and installing 1785 lineal feet of galvanized mesh fence, necessary gate, corner and line posts, at the Town drainage sump located on the north side of Lower Road, Southold, at the bid price of $11,556. 00, all in accordance with the bid specifications. Judith T. Terry Southold Town Clerk O�J, 4 Town Hall, 53095 Main Road t' P.O. Box 728 Southold, New York 1 1971 JUDITH T.TERRY TELEPHONE TowN CLFRK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 26, 1986 M. Sauter Riverhead Fence Company 421 Riverleigh Avenue Riverhead, New York 11901 Dear Mr. Sauter: The Southold Town Board at their regular meeting held on February 25, 1986 accepted your bid in the amount of $11,556.00 for supplying and installing 1785 lineal feet of galvanized mesh fence, necessary gate, corner and line posts, at the Town drainage sump located on the north side of Lower Road, Southold, all in accordance with the bid specifications. Please contact Mr. James C. McMahon, Community Development Administrator, at 765-1892 with respect to the installation of this fencing. Very truly yours, Judith T. Terry Southold Town Clerk cc: J. C. McMahon o ; . .+� Town Hall, 53095 Main Road P.O. Box 728 1 + Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 26, 1986 John Gulino, Vice President Residential Fences Corp. P. O. Box 430, Route 25 Ridge, New York 11961 Dear Mr. Gulino: The Southold Town Board at their regular meeting held on February 25, 1986 accepted the bid of Riverhead Fence Company, in the amount of $11,556.00 for installation of fencing at the Town sump on Lower Road, Southold. Thank you for submitting a bid for this project. Very truly yours, � Judith T. Terry Southold Town Clerk �z $ Town Hall, 53095 Main Road P.O. Box 728 �14 Southold, New York 11971 JUDITH T.TERRY TELEPHONE ToNkN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 26, 1986 Linda E. Mercurio, Vice President Twin Fork Fence Co. P. O. Box 476 - North Road Mattituck, New York 11952 Dear Linda: The Southold Town Board, at their regular meeting held on February 25, 1986, accepted the bid of Riverhead Fence Company, in the amount of $11,556.00 for installation of fencing at the Town sump on Lower Road, Southold. Thank you for submitting a bid for this project. Very truly yours, Judith T. Terry Southold Town Clerk RIVERHEAD FENC COMPANY N 421 RIVERLEIGH AVENUE, OVERHEAD, N. Y. 11901 s 727-3798 (Bus.) 728-6464 (EVES.) 00Ds of nHtce...gvAi1TY rEtoma To•T own. of Southold Date February 7 1986 TRain Road, Southold, 'New York 11971 Tel 76 5-1801 We hereby propose to furnish and erect a fence on your property located at Bid for: North side of Lower Road, Southold . As set forth in the following specifications: REMARKS Type Chain Link - (Sump) Price includes suppling and installing Height G 1725' of Chain Link fencing and. one Wire Fabric Quanity ry reen 1785`V' inyl 9 ga. double swing gate . Gates single wide Fence will be constructed to 1 double1O—wide Southold Town' s specifications . Top Rail � - s s — Middle Rail .70 Gate Posts 3" - ss 0 _ End Posts 2 142" - ss40 Corner Posts 2 1/21' - ss40 Line Posts 2„ - ss 40 spaced every ft. apart Posts Set 39 feet deep in concrete Braces 1 519" on corners & ends Coil Wire on bottom Barb Wire "`o Erecting Purchaser is to properly mark or designate the correct fence lines by stakes or oth- Conditions er means. All obstructions which might in any manner interfere with the erecting of the fence or gates shall be removed by the Purchaser, prior to the commencing of the work. The price quoted in this estimate is based upon normal erecting conditions. If, however, it is necessary to drill ledge rock for setting posts, or to make special provisions for setting fence in swampy or soft ground, or to perform any additional work not covered by this contract, a reasonble charge is to be made to the Purchaser for such work or special construction as an extra. Unless other- wise provided, the fence is to follow the existing ground lines. If grading or filling of the ground is necessary to the proper installation of the fence, this work to be done by the Pur- chaser. We are not responsible for any underground damage of wire, pipes etc. Unless prop- erly staked or marked by owner or contractor. Terms 1/3 Deposit Required. Total Price $ ..12 556 .00.......................... ................... .. Balance on Completion. Deposit ................................................. Balance .................................................. The above proposal is hereby accepted this ................................................................... day of .................................................. 198............, and becomes a contract between RIVERHEAD FENCE COMPANY and the Purchaser. ACCEPTED � L (Owner of Property) r NON-COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person 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) til/An Bid on N L l c rnCD a 12'-010'-0° C n rn co c ` z o rn c � STRETCHER BAR m c e POST BRACE rn eOow R°o .--I cO nchor fabric to D D 'a �RVSS X00 rod 12"long,scurb with 1/is paced eel v 0 2'o.c. exposed 6"bent hroug 2" D � o fabric and cling 3 — O 0 m 2"MAX. I I 1P" i°MAX. n I (FINISHED GRADE � Z O O m I ( IOrovide hole 1/4 greater I I c w n = (I I than dla.of gate bolt. m Qepth I I I I m a'- I I 0 G) must be greater by 1 = Continuous than bolt travel I I - 1 I —n -n O —GATE POST ENCASEMENT LINE POST m N {Concrete Curb — _ _ — _ 1 1_ _ __ _ lll ENCASEMENT M 18 J 1181) (7 0 04 me GATE POST 3"x 10' SET IN 3' CONCRETE _ CORNER POST: 2%2 x 10' SET IN 3' CONCRETE RESIDENTIAL PIPE 0 LINE POST : 2° x 9' SET IN 3' CONCRETE PIPE FABRIC I M r TOP RAIL : 1%;x 21' FENCE PIPE D WIRE ..... .... . . . 9 GAUGE, 2° MESH, 6' HIGH GREEN VINYL LINE POST _ SCHEDULE: . .... . .. . 40 PIPE. 19 OZ. OF GALVANIZING (— m ALL FITTINGS WILL BE HOT DIPPED GALVANIZED, I EXCEPT FOR EYE CAPS, CORNER CAPS AND RAIL D m END CUPS WHICH WILL BE CAST ALUMINUM. m ALL CHAIN LINK WIRE SHALL BE TIED TOTHE UPRIGHT I POSTS AND TOP RAIL WITH,�9 GAUGE ALUMINUM TIES, FINISHED GRADE ?a?a SET NO FURTHER THAN 18 APART 2� DEPTH OFFENCE CURB MAYBE REDUCED AS APPROVED (n BacaVim BY THE ENGINEER. I ( I V m O �w EACH GATE TO BE SUPPLIED WITH APPROVED LOCK, t 0 CHAIN AND TRIPLICATE KEYS. m Z I I' 4 0 U TOWN OF SOUTHOLD STANDARD FENCE DETAIL Fencing: Shall be 6' high, 9 gauge, 2" mesh, vinyl coated chain link wire. Frame Construction: Terminal, end, and corner posts shall be 22" x 9' o.d. , ss40 Allied pipe, set in 3' x 12" of concrete. Line Posts: Shall be 2" x 91 , ss40 Allied pipe, spaced no further than 10' apart, set in 3' x 12" >>of concrete. Top Rail: \Shall be 1 5/8", ss40 Allied pipe connected with 1 5/8" sleeves. d Gate Posts: 3" x 91 , ss40 Allied pipe, set in 3' x 12" concrete. Gate Frame: Gate shall be a 14' double leaf with industrial type hinges and locking system, ss40 Allied pipe, 1 5/8" pipe with welden corners and center brace. Coil Spring Wire: Shall be 7 gauge continuous coil spring wire stretched 4" from bottom of the chain link wire on inside and hogringed with aluminum 9 gauge hogrings. All chain link wire shall be tied to the upright posts and top rail with 9 gauge aluminum ties, set no further than 18" apart. All caps will be of heavy gauge cast aluminum. All fittings will be of industrial weight , hot dipped galavinized steel. The contractor shall furnish and install green vinyl-clad chain link fence fabric and galvanized frame and fittings, etc. of the sizes that are specified. The work -shall include excavation footings, backfill, and all operations necessary to satisfactorily complete the work as indicated in the Construction Details for Fence and Gate Details and in the location shown on the plans or ordered by the engineer. V J i T7 FORM 218-3—*vaftble from�inc,Groton,Mas.01/5o . Page No. of Pages • TEF1 RESIDENTIAL FENCES CORP. n= N ® Commercial & Industrial """"�'°DiNi P. O. Box 430, Route 25 RIDGE, NEW YORK 11961 (516)9243011 PROPOSAL SUBMITTED TO PHONE DATE i TOWN OF SOUTHOLD 765-1801 February 13, 1986 STREET JOB NAME TOWN HALL, MAIN STREET CHAIN LINK FENCE TOWN SUMP CITY,STATE and ZIP CODE JOB LOCATION SOUTHOLD NEW YORK 11971 TOWN DRAINAGE SUMP- LOWER ROAD ARCHITECT DATE OF PLANS JOB PHONE s SOUTHOLD, N.Y. Be Haat lit hereby to furnish material and labor—complete in accordance with specifications below, for the sum of: TWELVE THOUSAND EIGHT HUNDRED NINETY FIVE DOLLARS AND NO CENTS dollars ($ 12,895,00 Payment to be made as follows: )• E All material is guaranteed to be as specified.All work to be completed In a workmanlike manner according to standard practices.Any alteration or deviation from specifications be- Authorized low Involving extra costs will be executed only upon written orders,and will become an Signature extra charge over and above the estimate.All agreements contingent upon strikes,acci- N GULI ----- VICE PRESIDENT dents or delays beyond our control.Owner to carry fire,tornado and other necessary Ote:This p osal may be insurance.Our workers are fully covered by Workmen's Compensation Insurance. withdrawn by us if accepted within days_ We hereby submit specifications and estimates for: SUPPLYING MATERIALS AND INSTALLATION OF 17851 of CHAIN LINK FENCE AND GATES FOR: 1,770' Chain link fence, type 20T, 6 foot high having 2 inch mesh, 9 gauge finish outer diameter of vinyl- coated chain link fabric. inyl-coated-chain .link-fabric. Line posts._shall be 2 inch O.D. 5540 pipe as manufactured by Allied Tube and Conduit Corp., spaced not further than 10 feet apart complete with ornamental tops to hold .................................. a 1 5/8 inch O.D. SS40 pipe top rail, complete with galvanized rail couplings and 9 gauge aluminum rail--ties-spaced approximately-18..inches..apart.. __A.. .number .7 gaugega vanized coil spring brace wire shall be attached along the bottom to which the fabric will be attached using 9 gauge aluminum : _ r - --- 6 -- Corner-Posts-2#-.inch._O..D. SS40 .pipe.complete. with braces,. .truss rods...and all necessary. fittings. _...... . i 1 Set of double 1.leaf gates for a 14 foot opening, 6 feet high to match the fence, to be filled with - matching fabric. Thegate framesshallbe constructed from 1...5/8 inch o..d.....SS40_ pipe,. arc-welded on all corners and mid braces. The gate leaves shall be complete with hinges, locking devices, center stops, hold-backs and all necessary fittings. The gate posts shall be 3 inch o.d. SS-40 pipe complete with braces, truss rods and all--necessary fittings.,. _._ All e aforementioned materials delivered and erected in place setting all posts in concrete footings ..................................................................... 0 f 3 f eet deep by 12 inch diameters. It is understood that all lines are to be cleared, staked-and--graded, if-necessry,-..by .others.... Chain link fence to be added or deducted at $6.70 per lineal foot. Gates to be added or deducted at $496.00 each. Additional corner posts to be added or deducted at $90.00 each. ,Arrr}>rtcrP >�# rit�t�81 —The above prices,specifications 4 and conditions are satisfactory and are hereby accepted. You are authorized Signature to do the work as specified. Payment will be made as outlined above. I Date of Acceptance: Signature f FORM 218-3 Available from A�Ina,Groton,Mas.01150 = • Bate• j Law a-wz i • Project it P;2t-),jcl►vt., __ Locaticn; Toy-�•�r.,©r- S�o�-rta--�� , ►v �r, Training �i =ct ,wd _ _ for 3'.s.-e-seS _ .r ..er - - _es + A. 7n Project assisted under t--' require=,--,z ...s �` = Wit) _ ,s of sectic., 3 c, e u is subject to the as =ended, �? U.S.C. 1.70-1u. �'S rus"ng ar. LrbZn pure:----:_nt Ac-z: of _c4.3 extent f easibie O��Or; i� eS _ � .O r..2 6r _C inCO�.e reSidEas ',,_g `'" c _ $_ �. _ be :o.1 -c,,.a:. with the o` pro;,o area cc: __ .. '�32•o;;?_t be a�Z�ed t ti.` � �-...:5 for i,-Jr{ in CC.'..�.nC`.iC^ o w zi,-;ess ccr_ce:ns =cz are located i.^. c- o�laed �.Z SuosY`-:t_al u�.-r _ _ by :erscas r esid'n g i.: the area of the B. h'o� thS ;Zd;w_ aniL _ er - 1 D1 �..1+5 COn Vr--i)(�1=r Oe`••e-•,t) iwe and the re�113�iO;1S iSSL'ed S.._ out �'.2 �2.^.'::S_o.-.S of said seC`.._c.^.. 3 in 24 C�? _ (- �P` _ nt z sreto by t:.e se_:e== set .cr 35 pub1is ed in :3 =ederal - t and all 2.o'�^sole :�1es and er rec=s e-• 252=C, Cc Veer 2_ \ to the exec-U i^n o.' issued t _r2L-der c- eCiL1_a,._T..ns inc2.0 7�aG•_�T ��e we-•.:_ i _ �.... are z.7z li •ted • �_ _.v_.. of _ �o el _._..� -an a _:e acticn _ _ .. c=` a.._ ===n5=-_-.. • . o ::ed _n � v-.ewzcns -- c .:c :s .c==ta_ ..--•--•- . .i. (••�•�_moi-, o_ : a zcCC; -ate:.�� e_ -• _ " ^- OV�.�. ✓rJ'�_ ::iC.�i'•'O=J _ a.v _ _^eJl/ t�- ae..S C�=7r .'..':1.__S '•e^1'__ __ �,J_..__..__n thereo_ _,'at•aa 4n all s;,_c=_-ec c;► Cec.� i__ -,./ - �- T'ne (aus�icy-�)(=2=_--=n ert• :ror �n corgi ection �:t:: Vn The `;- _)- ---=s and a_:ees t::at :s 'ter .0 or of er d_s=bit- d ti"•--- ==o cc^- these require_-en.-s -'� �� mre''E_^.t it I'rC.^.,C^.�1f C. Ccauli n c e =t 'h _ 24 C_�2 c3rs _5 d-provi - se :on 3, the re--.,,ations set .cam: _.. - .czbIe es an: order,der �r_cr to acPro;a' : � ^e y _-_ :== c':), stz ll e a t_cn O theaww�.. Cn for _- ance Jr V f4`e,3 `..J Vie �• tie (ar-t,Z•=C'-.:1�� Omlruon .Successors a,; .eass_Sns. ,o1'"-1' :es(eZ�r�elc(-eCiPr- _ J pp�� SS' 0 ••C'.:':r-Com_•-.. Lt J d. _t3'.J "ve.�e sane -;c=zSucS'Je__--`�•• `':, Y i�.. - _.':'."`..^. -w`_ Lm A San :cnS . �s are sYecied b;� 24 C� ce_-i CcW._nY Naze: 2�SlD�lilA-Lf�L_wC&5 00(eP.. Ad:L-ess; 17&C) DLE vr.,-tt2Y 2b - 6-14-74 • 11:x'-�•_ _..��_ r NON-COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder indepe Idently and has been submitted without collusion with any other vendoK 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) UlL' C 2a-�s DT 'P'e S r Bid on LoujtEte_ 1- .i CONTRACTOR'S SECTION 3 PLAN 1 - Name of Firm �� o �� G Cees• Address ��• (3a x `6 3o rU 3 Z s Phone � Q 2-4 3 to i t 2 - Project Name/Description Lpu�erL �a�D g�kb � �� Project Location SQ�� «�et� -`f'• << 9� Please use additional sheets if needed. 3 - Employment ment a - Co you expect to hire any project area residents? Yeses"20 b - If yes how many? Trainees Skilled Employees Total c - What organizations, if any, from the attached list do you intend to notify? NoNe • d - What publications will you use for employment notices? lit o N C • 4 - Subcontractors a - Do you expect to use project area businesses as subcontractors or vendors? YES NO b - If yes how many? c= What businesses , if any, from the project area will you request bids from? Plan prepared by V`c�'— P2e-s' Name Position �P52v q2Y t 3 .t��fo Date ATTACHMENT B Section 3 Plan All bid packages must cont�ain the following information: 1 - Purpose of the Section 3 Plan - Contractor's Compliance Form 3 - Contractor'-s Section 3 Plan _4 - Trainee Utilization Plan 5 - Skilled Employee Utilization Plan 6' - List of organizations concerned with the employment of lo;!-moderatQ income persons. i- List of project area businesses. . � TRAIiIcE UTiLI�;1TiCP1 "I This form, is to be submitted with the Monthly Employment Utilization Report (SF 257). If more space is needed, please continue on other side of page. CONTRACTOR'S NX,;r: f(�S�oc�-Cio2 cF��c�-s C�szP ADDRESS: e.0, borc 430 �T� 2— TELEPHONE: r- q 2 3o� PROJECT NAME: ?'ocJtiT ADDRESS: Lo w t�2 k2.0 A-n Cii P X11- Total number of trainees to be utilized on this project? Please list by work category. OF TRAINEES WORK CATEGORY �Jo N G 2- Total number of trainees currently on your permanent work force? Please i ;st by work category. a OF TRAINEES WORK CATEGORY 3- Total number of rainees currently to be recruited and hired from the project a',pea? 4 OF TRAINEES WORK CATEGORY No I► (f - ii DATE C rANY FICIAL 'S SIGNATURE AND TITLE SII s . s SK ED ( hil'LOYE.0 ti T I l.I i_1T It)^N 1'LAUft This forrs is to be submitted with the Monthly Furployment Util i7,10on Report (SF 251). If more space is needed please continue on Cher side of page. CONTRACTOR'S NA',1E ADDRESS: 2-ou -z-- TELEPHONE: TELEPHONE: l R2-4 3u ( t PROJECT NME: LDcu��'� ADDRESS: S©�C t�c D • �' 1- Total Number of skilled emplo;ees to be utilized on this project? Please list by work category. # OF SKILLED EMPLOYEES WORK CATEGORY 4- 1"NAMA2ICE�:.� 2- Total Number of skilled employees currently on your permanent work force? Please list by work category. , Of OF SKILLED E!IPLOYEES WORK CATEGORY Q L N 6 a 2.t'2s 5 Mawclr- pa vvaA 3- Total ';umber of skilled employees currently to be recruited and hired from the project area? # OF SKILLED E"PLOYEES WORK CATEGORY 00, 2- � 3" S� YtCE PRx-S�fl�T. DATE MP OFFICIAL 'S SIGNATURE AND TITLE Ilk 0 0 TWIN FORK FENCE CO. P.O. BOX 476—NORTH ROAD(RT 48) MATTITUCK, NEW YORK 11952 (516)298-4777 NAME DATE 2-13-86 ADDRESS PHONE Town of Southold "Bid on Fenoine Town Sump" _-_- 1785 lineal feet galvanized mesh fence , necessary gate , corner and line posts, as per specifications. Total . . . . . . . . . . . . . . .$15,810.00 Purchaser is to properly mark or designate the correct fence lines by stakes or oth- er means. All obstructions which might in any manner interfere with the erecting of the fence or gates shall be removed by the Purchaser, prior to the commencing of the work. The price quoted in this estimate is based upon normal erecting conditions. If, however, it is necessary to drill ledge rock for setting posts, or to make special provisions for setting fence in swampy or soft ground, or to perform any additional work not covered by this contract, a reasonble charge is to be made to the Purchaser for such work or special construction as an extra. Unless other- wise provided, the fence is to follow the existing ground lines. If grading or filling of the ground is necessary to the proper installation of the fence, this work to be done by the Pur- chaser. We are not responsible for any underground damage of wire, pipes etc. Unless prop- erly staked or marked by owner or contractor. ACCEPTED Owner of Property) Linda E. Mercurio Vice President .. NON-COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder indepeidently and has been submitted without collusion with any other vendo� 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) Vice President (if any) Bid on Fencing Town Sump BIDS - FENCING LOWER ROAD SUMP Bid opening - 11 :00 A.M. , Thursday, February 13, 1986 1. �aurn� � �l�-�Claq 2. Residential Fence Co. , P.O, Box 430, Middle Country Rd, 3. Ridge, N.Y. 11961 Attn, Phil Brannigan 5. North Fork Ventures, P. O. Box 822, L�inlbrook, N.Y. 11563 Attn: Patti 6. Eastern Wholesale Fence Co. , 274 Middle Island Road, Medford, N.Y. 11763 Att : Mario 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 will be received by the Town Clerk of the Town of Southold, STATE OF NEW YORK 1 -Suffolk County,New York,atthe Southold Town Clerk's Office, 1 SS. Southold Town Hall,Main Road, COUNTY OF SUFFOLK 1 Southold,New York,until 11:00 A.M., Thursday, February 13, Mary K. DEgnan 1986,at which time they will be of Greenport, in publicly opened and read aloud, County, 9 Y said COUnbean duly y for supplying and installing 1785 sworn, says that he/she is lineal feet of galvanized mesh Principal Clerk of THE SUFFOLK TIMES,a Weekly fence,necessary gate,corner and line posts, at the Town drainge Newspaper, published at Greenport, in the Town sump located on the north side of Southold, County of Suffolk and State of New of Lower Road, Southold, New York. York, and that the Notice of which the annexed is All bids must be signed and a printed copy, has been regularly published in sealed in envelopes plainly marked "Bid on Fencing Town said Newspaper once each week for °ne Sump,"and plainly addressed to the Town Clerk,Town of South- weeks successively, commencing on the 3 0 old, Town Hall, Main Road, dayof January Southold,New York 11971. Specification for fencing may be obtained from the Town Clerk, Town Hall,Main Road,Southold, New York during regular busi- ness hours. The Southold Town Board re- Pri cipal Clerk serves the right to reject any and all bids and to waive any defecth ANN M. ABATE or informality in any bid should Sworn to befor a this RY PUBLIC,State of New York it be in the best interest of the y of 19 !folk County No.4748183 Town of Southold to do so. Expires March 30, 19..E, DATED:January 21, 1986. JUDITH T.TERRY �• SOUTHOLD TOWN CLERK 1TJ30-5140 ii COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman LEGAL NOTICE NOTICE TO BIDDERS once each week for . . . . . . . . . . . . . . . . . . . . . . . . . . . weeks NOTICE IS HEREBY GIV- Lv successively, commencing on the . . . . . . . . . . . . . . . . . . . . . . EN in accordance with the pro- visions of Section 103 of the General Municipal Law, that day of . r --•� '7 . . ., 19 . . sealed bids will be received b -y( . the Town Clerk of the Town of Southold,Suffolk County,New • • ' ' ' ' ' • • • ' • • ' Yo7c, at the Southold Town Clerk's Office, Southold Town Hall, Main Road, Southold, New York, until 11:00 A.M., Thursday,February 13, 1986,at Sworn to before me this . . . . . . . . . :_,:3, . . . . . . day of which time they will be publicly opened and read aloud for sup- plying and installing 1785 • • ' • ' • ' ' • /• • • • • . 19 lineal feet of galvanized mesh fence,necessary gate,corner and line posts,at the Town drainage sump located on the side < of Lower Road,Southold,hNew z . .! z . .. . . . . . . . . York. ?' Notary Public All bids must be signed and sealed in envelopes plainly BrIRBARA FO?13::00 marked "Bid on Fencing Town Nwtwry .;`u':;:r., State of New Y orl.- Sump;'and plainly addressed to No the Town Clerk, Town of Ccunty �y Southold, Town Hall, 'Main L..1.;'es iV ar,h 0, 19 CJ Road, Southold, New York 11971. Specications for fencing may be obtained from the Town Clerk, Town Hall, Main Road, Southold, New York during regular business hours. The Southold Town Board reserve the right to reject any and all bids and to waive any defect or informality in any bid should it be deemed in the best interst of the Town of Southold to do so. DATED: January 21, 1986 JUDITH T. TERRY SOUTHOLD TOWN CLERK 1T-1/30/86(23) 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 she is over the age of twenty-one years; that on the 22nd day of January 19 86 , 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 Bulletin Board, Southold Town Hall, Main Road, Southold, New York 11971. Notice to Bidders: Supplying S installing 1785 lineal feet of galvanized mesh fence, necessary gate, corner and line posts at Town drainage sump, north side Lower Road, Southold. Bid opening: 11 :00 A.M. , Thursday, February 13, 1986, Southold Town Hall. Judith T. Terry Southold Town Clerk I r f i Sworn to before me this i 22nd day of January 19,86 Notary Public ELIZABETH ANN NEVILLE NOTARY PUBLIC,State of New York No.52-8125850,Suffolk County Term Expires March 30, 19—.9:6 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 will be received by the f Town Clerk of the Town of Southold, Suffolk County, New York, at the Southold Town Clerk's Office, Southold Town Hall, Main Road, Southold, New York, until 11 :00 A.M. , Thursday, February 13, 1986, at which time they will be publicly opened and read aloud, for supplying and installing 1785 lineal feet of galvanized mesh fence, necessary gate, corner and line posts, at the Town drainage sump located on the north side of Lower Road, Southold, New York. All bids must be signed and sealed in envelopes plainly marked "Bid on Fencing Town Sump", and plainly addressed to the Town Clerk, Town of Southold, Town Hall, Main Road, Southold, New York 11971. Specifications for fencing may be obtained from the Town Clerk, Town Hall, Main Road, Southold, New York during regular business hours. The Southold Town Board reserves the right to reject any and all bids and to waive any defect or informality in any bid should it be in the best interest of the Town of Southold to do so. DATED: January 21 , 1986. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, JANUARY 30, 1986, AND FORWARD TWO (2) AFFIDAVITS OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Board Members Superintendent of Highways Jacobs Community Dev. Admin. McMahon Town Clerk's Bulletin Board r NON-COLLUSIVE BID CERTIFICATE The undersigned bidder certifies that this bid has been arrived at by the bidder independently and has been submitted without collusion with any other vendor of materials, supplies or equipment of the type described in the invitation for bids, and the contents of this bid have not been communicated by the bidder, nor, to its best knowledge and belief, by any of its employees or agents, to any person 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 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 will be received by the Town Clerk of the Town of Southold, Suffolk County, New York, at the Southold Town Clerk's Office, Southold Town Hall, Main' Road, Southold, New York, until '11 :00 A.M. , Thursday, February 13, 1986, at which time they will be publicly opened and read aloud, for supplying and installing 1785 lineal feet of galvanized mesh fence, necessary gate, corner and line posts, ii at the Town drainage sump located on the north side of Lower Road, Southold, New York. I All bids must be signed and sealed in ,envelopes plainly marked "Bid on �i Fencing Town Sump", and plainly addressed to the Town Clerk, Town of ij Southold, Town Hall, Main'Road, Southold, New York 11971. i3 Specifications for fencing may be obtained from the Town Clerk, Town i ii Hall, Main Road, Southold, New York during regular business hours. {I. The Southold Tor Board reserves the right to reject any and all bids and to waive any defect or informality in any bid should it be in the best interest of the Town of Southold to do so. DATED: January 21, 1986. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, JANUARY 30, 1986, AND FORWARD TWO (2) AFFIDAVITS OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Board Members Superintendent of Highways Jacobs Community Dev. Admin. McMahon Town Clerk's Bulletin Board 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 will be received by the Town Clerk of the Town of Southold, Suffolk County, New York, at the Southold Town Clerk's Office, Southold Town Hall, Main Road, Southold, New York, until '11 :00 A.M. , Thursday, February 13, 1986, at which time they will be publicly opened and read aloud, for supplying and installing 1785 lineal feet of galvanized mesh fence, necessary gate, corner and line posts, �j at the Town drainage sump located on the north side of Lower Road, Southold, i New York. (i All bids must be signed and sealed in envelopes plainly marked "Bid or. �f Fencing Town Sump", and plainly addressed to the Town Clerk, Town of �( Southold, Town Hall, Main' Road, Southold, New York 11971. j Specifications for fencing may be obtained from the Town Clerk, Town Hall, Main Road, Southold, New York during regular business hours. �l I. The Southold Town Board reserves the right to reject any and all bids 4' and to waive any defect or informality in any bid should it be in the best interest of the Town of Southold to do so. DATED: January 21, 1986. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, JANUARY 30, 1986, AND FORWARD TWO (2) AFFIDAVITS OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Board Members Superintendent of Highways Jacobs Community Dev. Admin. McMahon Town Clerk's Bulletin Board 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 will be received by the Town Clerk of the Town of Southold, Suffolk County, New York, at the Southold Town Clerk's Office, Southold Town Hall, Main Road, Southold, New York, until '11 : 00 A.M. , Thursday, February 13, 1986, at which time they will be publicly opened and read aloud, for supplying and installing 1785 lineal feet of galvanized mesh fence, necessary gate, corner and line posts, at the Town drainage sump located on the north side of Lower Road, Southold, New York. All bids must be signed and sealed in envelopes plainly marked "Bid or. Fencing Town Sump", and plainly addressed to the Town Clerk, Town of Southold, Town Hall, MainRoad, Southold, New York 11971. Specifications for fencing may be obtained from the Town Clerk, Town Hall, Main Road, Southold, New York during regular business hours. The Southold Tow Board reserves the right to reject any and all bids and to waive any defect or informality in any bid should it be in the best interest of the Town of Southold to do so. DATED: January 21, 1986. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, JANUARY 30, 1986, AND FORWARD TWO (2) AFFIDAVITS OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Board Members Superintendent of Highways Jacobs Community Dev. Admin. McMahon Town Clerk's Bulletin Board 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 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 will be received by the Town Clerk of the Town of Southold, Suffolk County, New York, at the Southold Town Clerk's Office, Southold Town Hall, Main Road, Southold, New York, until 11 :00 A.M. , Thursday, February 13, 1986, at which time they will be publicly opened and read aloud, for supplying and installing 1785 lineal feet of galvanized mesh fence, necessary gate, corner and line posts, at the Town drainage sump located on the north side of Lower Road, Southold, New York. All bids must be signed and sealed in envelopes plainly marked "Bid or. Fencing Town Sump", and plainly addressed to the Town Clerk, Town of Southold, Town Hall, Main Road, Southold, New York 11971. Specifications for fencing may be obtained from the Town Clerk, Town Hall, Main Road, Southold, New York during regular business hours. The Southold Town Board reserves the right to reject any and all bids and to waive any defect or informality in any bid should it be in the best interest of the Town of Southold to do so. DATED: January 21, 1986. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, JANUARY 30, 1986, AND FORWARD TWO (2) AFFIDAVITS OF PUBLICATION TO JUDITH T. TERRY, TOWN CLERK, TOWN HALL, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following: The Suffolk Times The Long Island Traveler-Watchman Town Board Members Superintendent of Highways Jacobs Community Dev. Admin. McMahon Town Clerk's Bulletin Board SOUTHOLD COMMUNITY DEVELOPMENT AGENCY 53095 MAIN ROAD C��FFD�C SOUTHOLD, NEW YORK 11971 (516) 765-1892 _4 � Rrn 1 '- James C. McMahon Administrator PROJECT: Lower Road Sump - Fencing Dear Contractor: Please find the enclosed forms: 1. Equal Employment Opportunity - Executive order 11246 2. Equal Opportunity Bid Conditions for Federal and Federally Assisted Construction 3. Federal Wage Rates 4. Regulations regarding the filing of Payroll Sheets 5. Standard Form 257-Monthly Employment Utilization Report 6. Form WH-347 (Weekly Payroll) 7. Instruction for completing WH-347 8. Labor Standards Provisions 9. Sec. 109 and Sec. 110 of PL93-383 10. Statement of Compliance 11. Contractor' s Responsibilities 12. Requirements for Contractors 13. Pre-Construction Checklist for Contractors 14 . Attachment B of Section 3 Plan 15. Contracting Opportunities for Minorities and Females II If you have any questions, please give me a call. TOWN OF SOUTHOLD STANDARD FENCE DETAIL Fencing: Shall be 6' high, 9 gauge, 2" mesh, vinyl coated chain link wire. Frame Construction: Terminal, end, and corner posts shall be 22" x 9' o.d. , ss40 Allied pipe, set in 3' x 12" of concrete. Line Posts: Shall be 2" x 91 , ss40 Allied pipe, spaced no further than 10' apart, set in 3' x 12" J of concrete. Top Rail: \Shall be 1 5/8" , ss40 Allied pipe connected with 1 5/8" sleeves. Gate Posts: 3" x 91 , ss40 Allied pipe, set in 3' x 12" concrete. Gate Frame: Gate shall be a 14' double leaf with industrial type hinges and locking system, ss40 Allied pipe, 1 5/8" pipe with welden corners and center brace. Coil Spring Wire: Shall be 7 gauge continuous coil spring wire stretched 4" from bottom of the chain link wire on inside and hogringed with aluminum 9 gauge hogrings. All chain link wire shall be tied to the upright posts and top rail with 9 gauge aluminum ties, set no further than 18" apart . All caps will be of heavy gauge cast aluminum. All fittings will be of industrial weight , hot dipped galavinized steel. The contractor shall furnish and install green vinyl-clad chain link fence fabric and galvanized frame and fittings, etc. of the sizes that are specified. The work -shall include excavation footings, backfill, and all operations necessary to satisfactorily complete the work as indicated in the Construction Details for Fence and Gate Details and in the location shown on the plans or ordered by the engineer. 65-00, 3. F�chibit i pRfro:;�:R�cTler CILE"Ll.;r FCR CON IUCTOIC- I;r LOOR ST,011ARDS CON•," UC i FwY.QiR.r": :3 I. TM.077C, IO_t. The following checklist has been j)ropared to aasiat contractors and subcontractors in meeting contrat:tual labor standards responsibilities. lll.=a,,or adainintrative and procedural activities have beet covered in Ute sequence they will occur as the construction project proceeds. Careful attention to and use of the ci:acklist should result in a ^`nl== na-.ber of problcrs with respect to labor standarda. L�YITC`Tj7 TCTM3. The word "erployer" as used below refora to the yrojsct cortrs.ctor, each subcontractor, or each lover-tior subcontractor. payrolls and other docuaentary evidence of co rp'_ionce (--rk,,d with (astor'(tY) a-v ^enui^rd to *e cunt to the "cipient for r-viev (al1 to `ate be m_bzitted ta:cu.-'i the nr ect contractor). :he delivery procedure ie is follows: 1. Fac: lover-tier cabcontrnc:or, after careful review, subaits required documents to the respective subcontractor. B. Eich subcc•ntractor, cfter checking his own and those of each lover- tier suboontrector he rsy have, aubaits required doc=ents to the contractor. C. The contractor, aftor reviewing all payrolls and other do c.entsticn, including bio own, and correcting violations where neceesaxf, sub=its all to the roeipisnt. 111 e.yavero nhru:d c`.^cz each of the follc�r.`rs etate=tnte an b,�ir.q fres. If an ctatexnt is not thin, the contractor or hie rase 1 Cf :i 9/75 i . ;60e.3i t 1 2. should contact the recipioat for epeciol guidance. III. Y�'I'CP� CO!.;;i:t^Ci:CY E"r,:TtS MCA rlrLCTFR FlS� L. Not boon debarred or otbArviee nsdo inuligibla to partioi- pato in any Foderal or Fcdorslly-"aisted proloct. B. Received appropriate cont-mot provisi=e covering labor standards requixromnta. C. peviewed and uado�t�� all labor of-^'n contract pratiria ices. �^ D. Received the vase dceisioa as pert of the eaat:act. . E. Requested t`-^ou6h the recipient and received tho =In'--= wage for each classification to be woziced cn th., project which was not included on the wage deoiaion by the es:'-iti +l citusaif:csticn procec^ and before cllcrring say tach trade(,) 4 to work on the project. • F. Requeated t d received certifi:atiaa of his aPprnatioo p''r oticeahip and �� ti"�n the State a ureas of iPpr-•-•• and u4trittod copy the:pef to -a recipient prior to c+ley- �roiect, Li}cewiae, "rain"" Pro,ti= oertifi- ac:st on the -- cation fro= u. 5. B. A. ^.• if applicable, =at be sra*mitted. fir....,.-.- ,.._. ._.�.-. w[yao'.D.C. -- - - - -- - - - --- Paco 2 of 14 9175 6500. 3 3• IY. AT CG`;^TRI;C^.ION '"ART Tu£ CC!7",A(*TCR u.A3: • A. Notified recipient of constzuction sta_:-t date in writing. 8. IIas placed each of the following on a bulletin board prominently located on the project site which can be seen easily by the workers (and replaced if lost or uznread.able any tine d::ring construction): j Wage Decision ' —'— Notice to E-_;�oyees (V.q 1321) ---- Safety and Health Protection on the Job ('.CL) r. Before assipirz each project worker to ver_, has obtained worker's na:,e, best railing address, and Scc:al Security Number (for payroll pux-eOsec), a D, Has obtained a copy of each apprentice's certificate with the apprentice's registration :=bcr a:d hie year of apprentice_ ship from t::: State PAT- E. Has infor ed each vozicer of: 1. his wo:i. cla3sification (jaan:ey-__&n or job title) as it will appear on the, payroll. 9/75 nuo•v..�_o.c. .✓ Page 3 of 14 _ :::6�5O.3 .___._J • W .._ pd4tl�lt 1 •sem 2. his duties of work. j. the U. S. Deptaont of jAbor's require ant c arn this •prosect that he is either s jou- --an, apprentice, l,. or laborer - If journoy==, he is to be paid journey-man's vapi=um wage rate or mora; If apprantfce, he is to bo pail mot loos then the apprenLee'e rate for the trade based on his year oY apprenticeship; or If laboror, he is to do laborer's work only- not use any tool or tools of the trade - and not perform arq part of a 4,0urneyi3n's work - ani is to be paid the laborer's wav rate or wre. --- p. L':.3c=stajde the re:;siraments that each laborer or aecyhanie who Ferforza work on the project in more than one elasaificaticn within th3 sa.^s work week 8ba:1 be classified and Pala at tale hiynect wago :ate applicable to any of the work which he perforrs unless the following requirements a^o met: 1. 1ecrrate daily ti--a records Pball be maintained. ;hese records =sat show,t`•o tisa worYcd.in each cisEsificm- ' tion and the rate of pay for each cl3D811ic4tion, lad moist' bo signed b7 *.Gig;.O.C. �..r 9lTS Page 4 of 14" - _. 6')00.3 d 5• 2. Tho payroll shall show the houro worked in each classification and the wage rate paid for each Classification. 3. The payroll shall be aired by tho wo)==n or a signed copy of the d%ily tlra r000rd 3he11 be attached thereto. G. Mw inforod each wo_kbr of his ho=ly waE768 • (not loos t:=. the r-ln4-,- wa•o"g rate for hie work which is stated in the Vage Iraciaics). 1. ti=o and a half for all work over 8 hours my d,;/ or over 40 hours aay work week (see Contract Nor= Hours Safety Standards Act). 2. fring-a bcnefita, if zry (see :eCa Decision for ary cm/ requized). 3. deductions from his ;ay. B. gni info_..ad oath wozkar that he is aub�oot to beim !.ntarviewed on the job Sy the reoipiont or a iIJ, Depe tint of Labor, or other U, S. Govvz•^=.ent inspector, to confirm that his esployer is co--ply.ing with all labor require:ents. S. Zas ixfcr..d each low:.e.r-:.a e.-d each apprentice that s jour--cy_= wuBt be on the lob at tll • times when r1 apprentice is wo_ki:b. 1. Each Erployer: 1. has not selected, aeaiv ed, paid d-iffaront / rates to, transfarred, ups adad, domatcd, '_aid off, no-.- 0-C or0-C. — - - - --- - -- - -- - - 9`75 "'� Page -5 of 14 6500.4 i� ' � I b. dismissed uW project worker becauee of rage, color, religion, sox, or national origin. 2. has employed all rogistered apprenticeu ruferred to hitt through no:..s1 channels up to the applicable ratio of apprvnticee to journeyman in each trade used by the ectloyer. j- will :airtain basic e=ploy--ent _-storm accesoible to inepection by the rccipiont or U- S. Gova:rm-ent representatives. !a. is corp lying with all haalth and -safety startdarLs. $. has paid all workers weekly. ~ has submitted weekly Payro L's. a, prepared on recd=ended Fozs w3-117: Available from - SUperi.^.tendcat Of Docents Gove==ent Pri:.t� C:fice Vaahington, D. C. 20:402 Contractors who vish to ;uz-a ase the fcr� shall be urged to enter their orders pro=rtly because the Superirterdeat of Documents takes aix weeks to fill orders. It is oe:^issibie for c a..trtr-to-n to reproduce the fo—.a 'f 'ha•r with. Some e_ployers place all project workers on Payroll Fora '.3-3L7. :^:e recipient docs not reviev thoee project worke;a linted on the payroll who pez-fo:= Work vhiah is descriptive of any of the foliDeirg _job titles which axe, exempt from labor r quireaents: ►C,10�..1�,J.C. •, _ -9n5 _ page 6 of 14 " 7. project auperintondent pro�o4;t engineer supervisory fore--an (lose than 20� of time ae a working forer..an) rse s son,3o r clorical vorkera ti-okeepers payroll olorkz I7 altem�.ate piv-oll fora used should bo cloa-md with bofore e_=ployer eta,-to vor's on projoot. A pro�eot printout b7 coc;•utar, for eza--plc, is a:ceptable providod cal data ahown and required an the frcat and bscY of Payroll Form WU-347 is on, or included with, payroll cu�it:od to recipient. b. Prost P&co of Payroll (Po_a L3-347) HPadir- (b "blccis" of L--fo_�:ion) of ?-ictimr. RL.e of e=,loyor is etated, chowime whether contractor or e•.:bcontrsctor. 2) ldd_-•ene. Street aidzrose or P. 0. Box, City, State, and Zip Code of Moyer is stated. 3) Payroll '{•.:.mbar, Zech weekly ra;rroll is numbered in taqueatiLl ordar (atartirg VithFa,-:ell No. KIN). If c,.' ;IcTerla vor!-er-s perfo= no phynicil work on the prosect dur-'—Z vol-k- vca'-, ho 2'.n.^. —__ -- - -- - eubWitted a "no wow" lattar for that work week. K,�..A,D.C. - Page 7 of 14 9/75 6500. • pd�iLit 13 = , Payroll of employer's final work week on the project (co�letion of his work) is narked "Final". !�) For Meek rzidir..:. The last date of the work week is stated in this "block". ----- --- -- - - - s) protect and h:zatien. N=o of project ..nd city in which located in stated. 6) Colin 1 - Yorker's NP-=e, as it appears on his pby cheek, is stated. Workers's best railing address and social security nurber is stated on Payroll Ho. 1 or the payroll on which his name first appears. If worker changes his residential address while working on the project, — -- - - - -------- -- ------ --"----- his now ad.'sesa is stated on next appli- cable payroll. If any two or =ore workers have the sa e name, their social security r., hers are included on the payroll to roto separate id&ntificaticn. ?) Coluan 2 - `To. cf 'Jithho1P._r z"'11cr.s is for e--ployer's convenience - not required by RU to ba completed. -- _ - —^8�-- Colin-n - "^:P '•'o-!c C_asnifica-ion (job wuPa.-A.,O.C. . 9h5 Page 9 of 14" - • �'• • � 6500.) � - / Fy.Sahit L 9. title) for thu wori.or is L--icluded ir. tho Wage Decision and denotes the work that worker actually perior=cd. Notes If the applicable classification Is not included in the y1aoro Decision, contractor should call the reorient i—Odiately, and requeet classifica- tion by Additional Ciaseificaticn. AoDrentire. If works. is an apprentice, his Stat* EA^. regictration rubor and year ` of apprenticeship is included in this eolu= the firct tiro the apprentice's name &ppo&zs on tho payroll. SD1!t C_•ecaifica'•ion. If wcr::er has per- forced core thsn one class of work duri.-ir, the work. week, such as carpenter a:d laborer, the division of work will bo .:.awn on separate linos of the payroll. Accurate flailj t.:e records show -1ha exact hours of work perfcr--�ed da:17 in each claze of 'work, =d r=ro siFmed b:y the affected work--.an. - - - Page 9 of 14 9/75 (500.1 10. Each clasp of work he performed is Stated in Colu=n ), eoparate "blocks". His nano is repeated in correspondLnj; "blocks" in Colin 1. i The broakdo•.•a of hours worked daily under each work classification is stated in Colu= 4, and total for week In Colum 5. The applicable ware rate for each claasi- fication of work is stated in Coli:--n 6. The payroll is signed by the wor',=an in tho related "blocks" or a aimed copy of the dally ti-.9 records are attached to the payroll. If the above is not dome, the workor is paid at least the hl!;hest =Ln'4�= vacs rate of all of the classes of werf per- formed for all hou_-s worked. Notes- Avera.-) Pay of ^ro C? ,ses of ' -k S•0t Accent-3d. The ecployar shall not ;ay a "se=i-jou-ne;-_,a" or seni-skilled laborer the aver3,;e of jo unoy—...a.1's and labarer's rates. Thi actual hours cath worker uses tools of trade (jou.-noy_r_n) and eech ?.our he does not =# toolz o: :ia trad9 (iaLo r) cast to KjcD.V..A,D.C. 9n5 - - - Pago 10 o: 14 v w w1 6500.7 11. recorded in soparute "blocks" in Column j of tho payroll. Helper. The work claoaification of "helper" isnot accepted by the Depart=ent of 1 D, wz- less included in the W&Ee Decision Sasued by r, the Socretaxy of :.abor for the project. Azq Iezployea listed as "helper" La absence of \ such classification In WaCe Decision runt be paid the jo,_rncy-_zmIs rate for hours to uses tools of the trade. _ - 9) doll=. �: - V^t;r7 V^r�:^d. ^tit ::J•� =d date, for • VOrk Leek are stated. C"rti Fours ("0"), if dr,',-, are stated separately %^ = strs:t-:.t hours ("S") - ov-,r :8 hours LuV day or over 40 hours any wor: veal. 10) Col:._ c - ^.ot.sl rn worked dins the worx week are stated (the sun of subcolt=ns in Cclur^: 4) - atraicht and overt -e hour s recor-0ed copsrately. 11) Col -t 6 - ?1'_'rcf 7:,-2-, not less thxi the niniraa wa,,-�3 rate for the work classification s (cLc l's.Se Ti:Ci9iOL]) _., stated. \ - - ----T;:^ p•;rrt i^_^ F3to of- Poly is not less than • 1-1/2 t:_..zs the wO:3=10 basic (Ctra!Ent) bouxly 1�4t0 df pay (Contract Fork 'rc.rs �'�.-..w-F_�"'-•r--�-- ..:��.,�'.` - ..:-.-r-..w.Z �.r��•.�s:=---- -i. ;� .�.�...ay w:. _a�..+a.a.�"'at'�"�.._-:-�-►r---r•--.s MID-a..A.O.C. — - — - - - — 9/7S �o 11 of 11 • ( 4:OOs3 .- t..."��-S[�, rtr•-are--w�..�..,.e,...' 12. r Safety Standarda Aot). ApprentJcea, If a copy of the apprentice's registration certificate from the State BAT has not boon oubmitted to recipient by ecployer (throu&s contractor), apprentice srist be paid Jouznor=z's rate. Pie�ker. Pieco work must be stated in Co;,T 6 at an hourly rte, the groes pay for ` the work week (wor- on the project) divided by the total n=: ;er of hou.-si worked on the project during the work weak. Colum 7 - G as ti e r: F.%xnt d a;uis atrai&ht hours ehown in Col,.;---i 5 tiYee strai.-,st rate of pay shorn LZ Ccl•.:. 6, plus omrti.me h,-.=a (if MY) shown in Colur.-s 5 tram overtize rate o: pay shown in Ccl.sna 6. 12) Cc!u.= 6 - tiasctior.s . Zas--h deduction made is required by law, voluntarily authorized by the worker in writing before the work week began, or . provided ar eerent tubo deduct6d fro. the r-sopective wo--ker'e .pay. ' Yj) COI'—'-n 9 - '..et Hz-•e stated are Colu_-n 7 ^_-'nus total doductiora ah�wn in Col• S. t.i.^�""r^*�..._=..L�.:..^ic:..�'"a'Z�:'._""S�.�r:_...- _^""'i3 ..�s....__:.^^.:.....��.�:karc+-•r^.-...^•.p----�•-•,�--.-tee raa�..►,o.c. 9/75 Page 12 of 14 �• �. 6500.3 L'xtWA t 1 aw_aso�ansa 1). C. Fick of Pall (For= '■ii-347) 1) Each Dzployor by%ns completed all blank ol,aces and ::ndcreta ds the penalties for falsification. checked Item 4 if fr_^,E;_ benefits aro in- eluded in the k'e.Co focision for any of his workers - 4(a) - if fringe benefits are paid to approved ^.d(e), or 4(b) - paid directly to each affected worker - inclu_ed im pay check for the work week - his payeheck repre- Contin at least the pay of the appli- cable min4-1-n wage rate plus the Lunt of required benefits. rsnually signed the payroll i.-i the "block" narked sig-atu--e, ar d atuted his titlo. The person who aiCned the p&)r=11 is tha crployer or nn official of the e=ployer who locally is cut;oriced to act for the e=,,loyer. + d. t'cekly p�••r o,l o^v:^v. 7-3ch e--ploycr have ;rc-p:lys svvicv-d the w-ec'rly pay--ill for with t11 labor require-eats (uninE thin cheek list) ►e.�a-s..►.O.C. d - -- -- Par.-- 13 of 14 3 A.. 650 `.� 16. and gado nocoonary corroctiono. Each Lowe r-t:cr %bcont^actor hao submitted his weekly payroll or "no work" letter to the respective subcontractor for the cub— contractor to have received within 3 calendar days from the last date of the work week. Each Subcontractor h.-s received a payroll or "no work" letter froL each of hie lover—tier subcontractors, reviewed each and his own payroll, required necessary correctims, and submitted all of ouch payrolls to the con— tractor to rave received within S calendar d&ya fro= the last date of the work week. Contractor has received a payroll of "no work" lotter from each subcontractor and each lower-tier subcontractor, =snitched each includir., his own payroll, required neceesar( coh_ectiens, and collectively j submitted the= to the reci;ient within 7 work, dz3's of the last date of the respective work week. ^ F_sch Evployeh will: keep all weedy ,ayrolls on the project for 3 years aster tho contractor's protect co--plet:on date. t2jc-T—h.D.C. \.. - --- 4175 -— — — --- -- ----Pare 14 of 13 Company Date 0ffi.._ i�natcre ?Tinted ,lame Requirements for Contractors (See Rules and Regulations , Title 24 , Part 135, Federal Register, October 23, 19131 PURPOSE In the administration of any HUD funded program, to the greatest extent feasible: (i ) opportunities for training and employment arising in connection with the planning and carrying out of any project assisted under any such program be given to lower income persons residing in the area of such project; and (ii) contracts for work to be performed in connection with any such project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of such project. REQUIREMENTS I. Section 3 Affirmative Action Plan A. Identification of Affirmative Action Officer, by name. B. Identification of firm or contractor, contracting agency and contract total dollar amount, scope of work, contract number, project number, description of project area, etc. ) C. Employment 1 . Trainees a. A listing by work categories of (i) total number of trainees to be 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 specific means to be utilized to recruit project area residents , including specific identification of area organizations, advertising media, sign placement, etc. ; c. Statement explain that contractor will maintain a list of 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. -7- 0. Businesses , Subcontractors , Vendors , etc. 1. Listing of each category of roods and services 'Co be utilized on subject contract, along with estimated do lar amount value of each; 2. Listing of dollar value planned to be awarded to project area businesses , subcontractors , vendors , etc. ; 3. Detailed description of specific means to be taken to publicize, advertise, notify , etc. , area businesses , etc. , of opportunity to become subcontractors, etc. ; indicate soecific organizations contacted, advertisements placed, etc. ; 4. Records of actions taken to implement above-described plan, and reasons for such; S. Insertion in bid documents/negotiation documents of contractors affirmative action plan, project area description, etc. E. Statement that all reports, records , etc. , relating to the implementation of this Section 3 Plan will be open and available for inspection to authorized representatives of the Department of Housing and Urban Development, 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 NOTE 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 approoriate and may, as needed, amplify any regulations issued pursuant to Section 3, through guidelines , Handbooks , circulars or other means. (ii) Require, in consultation with the Administrator of -the Small Business Administration, that to the greatest extent feasi 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, consulting, desiqn, architecture, building construction, rehabili- tation, maintenance, or repair, which are located in or owned in- substantial part by persons residing in the area of such project. -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 or emoloyment and training efforts and contracts awards under these regulations by the Department of Housinq and Urban Develocment, the Deoartment of Labor, and the Small Business Administration. (c) The regulations as set forth in this part, particularly Subparts C and D of this part , shall serve to define"to the greatest extent feasible" as that term is applied in section—T—of Housing and Development Act of 1968. (d) The Secretary will issue such further regulations in connection with his responsibilities under section 3 of the Housing and Urban Development Act of 1968, as he finds appropriate and may, as needed, amplify any regulations issued pursuant to section 3, through guide- lines , handbooks , circulars or other means. s 135. 5 Definitions. As used in this part -- (a) "Applicant" means any entity seeking assistance for a project including, but not limited to mortgagors , developers, legal public bodies , nonprofit or limited dividend sponsors , builders, or property managers. (b) "Business" concerns located within the section 3 covered project area" means those individuals or firms located within the relevant section 3 covered project area as determined pursuant to s 135. 15, listed on the Department' s registry of eligible business concerns , and which qualify as small under the small business size standards of the Small Business Administration. (c) "Business concerns owned in substantial part by persons residing in the section 3 covered project area" means those business concerns which are 51 percent or more owned b7Y persons residinq within the relevant section 3 covered project as determined pursuant to 1 135. 15, owned by persons considered by the Small Business Administration to be socially or economically disadvantaged, listed on the Department's registry of eligible business concerns , and which qualify as small under the small business size standards of the Small Business Administration. (d) "Contracting party" means any entity which contracts with a contractor for the performance of work in connection with a section 3 covered project. (e) "Contractor" means any entity which performs work in connection with a section 3 covered project. - -3- 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 income does not exceed 90 percent of the median income in the Standard Metropolitan Statistical Area (or the county if not within a SMSA) 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. 1101u. (1 ) "Section 3 clause" means the contract provisions set forth in s 135.20(b). (m) "Section 3 covered project" means any nonexempt project assisted by any program administered by the Secretary in which loans , grants , subsidies , or other financial assistance are provided in aid of housin , 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 Program and which do not exceed $500,000 in estimated cost are exempted from the r uirements of this part, as is any subcontract of $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 redelegate functions and responsibilities delegated in this section to employees of the Department, rovided, however, that the authority to issue rules and regulations under s 135. 1 (d) may not be redelegated. -4- 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: (i ) Within a geographic area designated as an urban renewal area pursuant to the provisions of title I of the Housing Act of 1949 , 42 U.S. C. 1450; or (ii ) Within a geographic area designated as Model Cities areas or Metropolitan Development Plan areas pursuant to the provisions of title I of the Demonstration Cities and Metropolitan Development Act of 1966, 42 U.S.C. 330 ; or (iii ) Within a geographic area designated as an Indian reservation (to include all territory within reservation boundaries , including fee patented roads, waters , bridges and lands used for agency purposes) , shall be coextensive with the boundaries of that geographic area. (2) The boundaries of a section 3 covered project not located within a 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 political 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 designated as the relevant section 3 project area. The determination to apply this subparagraph shall be made by the Assistant Secretary for Equal Opportunity or by the same official designated by the Assistant Secretary for Equal Opportunity to determine the section 3 covered project area pursuant to paragraph (a) (1 ) of this section. (b) The Department' s Regional Administrator, Area Office Director, or FHA Insuring Office Director, as appropriate, shall determine the boundaries of each section 3 covered project. s 135.20 Assurance of compliance with regulations. (a) Every contract or agreement for a grant, loan , subsidy, or other direct financial assistance in aid of housing, urban planning, development, redevelopment, or renewal , public or community facilities, and new community development, entered into by the Department of Housing and Urban Development with respect to a section 3 covered project shall contain provisions requiring the applicant or recipient to carry out the provisions of section 3, the regulations set TOrth in this part, an any app icaba 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 Darty, contractor, and subcontractor shall incorporate, or cause to be incorporated, in ail contracts for work in connection with a section 3 coveredproject-. 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 dousing 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- " ORGANIZATIONS CONCERNED 'WITH THE EMPLOYINEINT OF PROJECT AREA LOW-MODERATE 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 Nevi York Avenue, Huntington Station, N.Y. 11746 117 Main Street, Bridgehampton, N.Y. 11932 63 Park Avenue-, Sayshcre, 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, H'.Y. 11772 Economic Opportunity Council of Suffollc, Inc. 98 Austin Street Patchouge, N.Y. 11772 P•ab. Law 93-383 - Ib . Augcat 22, 1974 (t) ,ection 3P.o] of the Reri<_cd Statutes, s, amenried (31 1r C•C, 711), is aniended by adding u tae end thereof a aev paragripa as follows: "(22) For pari eats renuired from time to time under contracts entered into pursuant to section 109 of die Iiousing and Community 1 '+ ?- 6"t7• Ihvelulnnvnt Art of 1974 for payment of interest costs on obligations g,sararhtced by the Scerewr} of Ilousing and Lrbaa Deveiopment tinder that section.' 42 tae S=S. With resixt.•t to anv obli;.-stion issued by a.unit of s-_neml•iocnl -- governmcnt or dezi—,narcd a-enev which szich unit or aT:ncv has elected to issue as a triable obiitg'ition pursuant to subsect:on �e) of - this section.the interest naid an such obiigltion shall be inauaed in gr= income for the purpose of chapter 1 of the Into.-nal Revenue 64A Stat. 3. Code of lv54. 25 GSC 1 HOaDI-14= ILvw2TOX i2 u3c s:os. Sac• 100. (a) -No person Lia the United State shall on the Ground of race-calor,national orizn.or sex be excluded from participation in, be denied the benefits of,or be subiected to discr-'minat.icn under anv proarum or activity funded in wlhole or in part with funds -rage available under this title. (b) Whenever the .S'.ecreta,-^ detenhincs that a State or unit of general local inivernnhent whir]a is a recipient of assictince under this titla was failed to compiy with subsection (a) or an appiicble re7ala- tion,ho shall not ifv the Governor of such Mate or the chief exe---nCve chicer of such unit of local government of the noncorapii,nce and slhail request the Governor or tlic eihief executi:•c odictr to secure compliance. If ,vithin a m:-sonab;e period of ti:ie, nct to etcerd zesty o2vs, the Governor or the chief e.-ecutive ot!;cer• fails or rrf•.:yet to sceurz Compliance,the Jecrc!ary is authorized to (1) refer the matter to the Attorney General with i recommendation that an appropriate civil action be instituted; (2) eserc.se tae powers and fuueti, n provided by title VI of the Civil Rights Act of 19G4 (42 tS.C. •'4xhl); (3) exercise the powers and functions provided for in settjon 111(&) of this Act; or (4) take such other action as may be provided by lam. (c) When a matter is referred to the Attornev General pursuant to subsiection (b), or whenever lie has reason to bcliece that a Scate government or unit of_•vncral local government is ca -eu in a pattern or practice in vioiation of the provisions of this section-the-Attorney General may brings civil act:on in any appropriate Zaited States district court for such relief as may be appropriate, inc:sdL-sg injunctive relief. Lanoia STANDARDS 42 USC $310. Sre. 110, All laborers anti :mechanics employed by contactors or subcontractors in the performance of construction Torte rnanced in whole or in part with ;,ants receival limier this title shall be paid wagte at ra.cs not Ir_s than talo-,:prevai;intr on similarcocastruction in the locthty As deterntinell by the Seerrtary of LAbor in Accordance with the Davis-11iicon Act, as amended (i0 1r.S.G '_:w-3:6a S) : Proi-ided, That this .vction shall Aplily to the rv112uilitation of residential prnperty owly if such promerty is desi:xd for trsidentiil use for eight or more families.The-t•cretsry of Llrorsasll haYr.Kits respect to such labor stal,nrity and firoctiurs act for-h in Rcvr_znizatinn Ilan \urnuereti 14 of 110GO (1S F.R 31-G; 64 Stat S •a9. 121; ) awi s.•ction 2 O the Act of June 13, 1);4, as ameu.ird (43 itaL 27A. .143;4.0�S.tr._:o • Date: Project t;o: • Locaticn: STAT=L 0. CO.L T:ainin_z r-�? —ent a^d = .,.. an_ _es A. 7h project assistzd L:.,der +'-• re LL`re_^,°.:` i` ""-� t-�^^-��. ,,.=t'"�=_'1t) is subject �o the _ y .s �. Se_tiCZ 3 of he ??cusi.^.g an Lr"aa De+:e_c^-_Jt , as+ in e., � J.S.C4 1.Iv_u. Se� _on 3 re^,.y-•�s t:•. y n ACi, of _c 3 eXVen , feaaib2. OL_o ;ni+`�S _•Cr t" ` to the greatest inc-.=e residents o: tie -`in-'-g z•d e.^plcy_:ent be _ _. frith - °� - a= cc n�r_ct :__ g�.,-�.; �. she :roJect be z;.z�ea to b` s „orc i:; ce ec oscaed in subs`_^.t'_al T,-.r ''�rless ccncer:.s ic:l are lccate in crazea of the ^ of _ rscas resit_- i.: ^e B• \*OV _ % - s - an d _.- cn7 of tl ....v. • _ (app1= ?...•i1i. ..`., 1 -_ oll ,.�1-S (contr_ct)(Z_r OO=en- cut b..O y, s4V_ and th= e�3� _Ons iSSLped :•- L eget JT is J of said sect_Cn. � • in 4 �r t ;3J (- 'aA `7 b; V..e Se e tzr - S -.. fc---. =d all a_u,. c` i e .._g_s 2c,`C, Cc c'Cer 2--', , O S and order of -^o Sec- _ T. Sec- to the exe^.,,.: o:' t�` ( - - L - -a regL'_ct:ons _4-c2lI __ - e �J o: 5-::. = e.ar are n,'V - to to _ _ _- .^. 1 of an act and "Zi or C�-e.. _« .+Stat - - _. C ..c ,s a zc., ?�-..�: �- ___ _� ^-• _.. •. are. G. lid Ott .- :o_.. S.S ^'C* �C:�':.:=C_=S s.•��=:C Cf S_ ^ _ q •� :• Cf sect-cm 3 clause" -" - : the reg'_atio.s :: s��c__`_� b., The (auo�'_c�-.t)(==c' ^.$) t- ..r trop= �*1 co�:ec t;oa t the pro ec-.. tractual or other d_sabil-- _--es �.d agrees that_", _s under no Ccn- -� ^hic `mre:'ent it frc ,cC�,;�i . these recu:r�=e^ts. - � C. CC=Ziz^ce tea:: the _�ro•raic o: s e_t: �24 C.� �rC �_5 s Ch1 3� the rc-„,2._C:,S Set .'Crt: _.. thereat her :r=.. t0 2m7"C czble es an order: Of he Secretary (a--e�`C.^.0)(COnC.. C�), S-4-a-? be 2. CC^ .'�1C _ O' ,h 2"��C SSC.^. :J: _C 8T1Cp �'-Ov_de� yOV�;;e TT - - _ :1 Ca Vne ,ecer�, ___.`.___1 SS_J�- d --o�e_C, ci^__. g\\ tzcn the Successorsar. C.SS_SPS• �_'1, _p VO-.1:y1'�� V) (G '\�..CC (-eC �^ — and ass ii and n �or === - _V..J _o b e S nc icz: Stec-- •.�.r. C•' tom. such sa-:, -_c:.s as z_e spec-__ed of 2L; C.R sec,:;y'• (= i__e-1 Co v. 1On -.:7.-,,.• CHAPTER IV CONTRACTORS RESPONSIBILITIES I. General Resmonisibilities 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 comMietion 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 F.o,:,etown Plans and utilizing a local craft under Part I of the Bid Conditions are required to comply with t!:e 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 OF,,-'CP Regional Office by the Administrative Corunittee 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 . Aorendix 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 worst in the area under the Bid Conditions/Appendix A or provide DOCJ,XENTAPY EVIDE`10E of gocd _`a1LnL. 2LLorp$ to =^ plemer.t t::e min':U--n acceptable affil-1ative action progra:;; 4 - 3 . File monthly or as directed by the cont=acting or administering agency , beginning with the effective date of the contract, workforce utili- zation reports (Standard Foran 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 daft over an entire construction season , re- par=i:g 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. Enforce_.ent (See Attached Flow Chart on CONTRAC^CRS OVERVIEW) A. Compliance Review Contractors failing to meet the minimum utilization goals specified in the Bid Conditions , or subject to outstanding allegations of discriminat1on in violation of the E.L.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 revie,ris 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- r ative action steps specified in the Bid Conditions , and has n'pt 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 dccu- mentary evidence of good faith efforts to implement the minimu=m affirmative action program as specified in the Bid Conditions, the contractor will he given an opportunity at the conclusion of the compliance review to make specific written commit^encs , 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 ccmmitments 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 Sancticns If the contractor fails to make , or having :Wade , fails dement de ,.ate re:^ d, a, to iT_ a e,. e _L cc:m^i _:meats , and/or has been feu..^.d to have otherwise violated the E.E. O. Clause , the CC-mpliance Agency will issue a show cause notice to the contractor pro- viding 30 days for the contractor to ccme forward with addi- tional evidence of its efforts to comply or to mak` adecuate remedial commit=ments, and, where required, to demonstrate that it has not violated the E.E.O. Clause. If the contrac*or 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 commit.;,ents will cause the contracting agency to proceed with actions leading to sanctions. D. Initiation of Actions Leadina 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 mace 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 r ; to eq��es� a ear_ng regarding the imposition of sa:.ct_ons . 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 appropriatz provisions of 41 CFR 60-1 including cancellation, termination, debarment or ineligibility for further federally funded or federally assisted contracts. Upon receipt o 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 , r,-,ay 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 O.L. 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 frc:a a ccn:.ractor. BID CONDITIONS AFFIRMATIVE ACTION REQUIREMENTS EQUAL EMPLOYMENT OPPORTUNITY For all Non-Exempt Federal and Federclly- 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 BID. THE CONTRACTOR SHALL APPOINT A COMPANY EXECUTIVE TO ASSUME THE RESPONSIBILITY FOR THE IMPLEMENTATION OF THE REQUIREMENTS, TERMS AND CONDITIONS OF THESE BID CONDITIONS. Part I: The provisions of this Part 1 apply to contractors which are party to collective bargaining agreements with labor organizations which together have agreed to the NASSAU - SUFFOLK Area Construction Program (hereinafter the NASSAU - SUFFOLK Plan) for equal opportunity and have jointly made a commitment to specific goals of minority and, where applicable, female utilization. The NASSAU - SUFFOLK Plan is c tripartite voluntary agreement between (CONTRACTORS, UNIONS, & MINORITY COM- MUNITIES). The NASSAU-SUFFOLK Plan , together with all implementing agreements that have been and may hereafter be developed pursuant thereto, are incorporated herein by reference. Any contractor using one or more trades of construction employees must comply with either Part I or Part 11 of these Bid Conditions as to each such trcde . A contractor may therefore be in compliance with Part I of these Bid Conditions by its participation with the labor organization which represent its employees in the NASSAU-SUFFOLK Plan as to one trade provided there is set forth in the NASSAU-SUFFOLK Plan a specific com- mitment by both the contractor and the labor organization to a goal of minority utili- zation for that trade. Contractors using trades which are not covered by Part I (See Part ll, 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 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. DEPARTMENT OF LABOR Office of Federal Contract Compliance Programs NEW FORMAT FOR FEDERAL EQUAL EMPLOYMENT OPPORTUNITY BID CONDITIONS FOR FEDERAL AND FEDERALLY ASSISTED CONSTRUCTION NOT ICE On April 3, 1975, there was published in the FEDERAL REGISTER (40 FR 14953) a notice and opportunity for comment concerning the intention of the Department of Labor toodopt New Model Federal EEO Bid Conditions for inclusion in Federal and federally assisted construction contracts and subcontracts in selected areas. The following Model Federal EEO Bid Conditions are issued to carry out the purposes of Executive Order 11246, as amended. The Model Federal EEO Bid Conditions reflect changes which were made as a result of comments received on the proposed Model Federal EEO Bid Conditions. The comments received were equally distributed between those —� `favorable and unfavorable . In general those favorable felt that deletion of the Bidders' __Certification will eliminate undue and costly delays resulting from contractors and subcon- tractors being declared nonresponsive because of their failure to fill in a form correctly. �-� Those opposed to elimination of the Bidders' Certification felt that a pre-award certifi- cation is essential in establishing the contractors' and subcontractors' commitment to offir- motive action. The Department has carefully considered all the comments and has determined that the format developed in the new Model Federal EEO Bid Conditions adequately apprises pro- specitve contractors and subcontractors, prior to bid opening, of the importance of the Federal affirmative action requirements and is compatible with procurement principles. Under Comptroller General opinions and the decisions in Northeast Construction Company Y. Romney, 485 F. 2d 752 (D.C. Cir. 1973) and Rossetti Contracting Company v. Brennan, 508 F. 2d 1039 (7th Cir. 1975), the failure of a bidder to specify its goalsofof r minority employment as required by imposed plans or the failure of a bidder to complete and submit a Bidder' Certification form as required by the Bid Conditions in hometown plan areas requires the contracting agency to declare the bid non-responsive . This has caused the loss of hundreds of thousands of dollars because defective low bids were discarded in favor of the new low bid. The original reason for requiring the submission of a properly executed Bidders' Certifi- cation was that it was thought to be helpful in informing contractee of their obligations and eliminated inattentive bidders. However, it is now an opinion that contractors are 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 '� �' 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 are 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 D and Part II EEO requirements. Further, all other Forms of Federal EEC) Bid Conditions containing hometown plans and Part 11 EEO Bid Condition requirements now in use for such areas are not to be in- cluded in Invitations 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: 4 "„,;,. 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 ct 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. i, f. The contractor should hove made both specific and reasonably recurrent written and oral recruitment efforts. Such efforts should have been directed at minority orgon- izations, schools with substantial minority enrollment, and minority recruitment and training organizations within the contractor's recruitment area. g. The contractor should have evidence available for inspection that all tests and other selection techniques used to select from among candiates for hire, transfer, promo- tion, training or retention are being used in a manner that does not violate the 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 cnd/or approved training programs relevant to the contractor's employee needs consistent with its obligations under this Part If. i. The contractor should have made sure that seniority practices and job class- ifications do not have a discriminatory effect. j. The contractor should have made tertian that all facilities were not segregated by race. k. The contractor should have continually monitored all personnel activities to ensure that its EEO policy was being carried out including the evaluation of minority employees for promotional opportunities on quarterly basis and the encouragement of such employees to seek those opportunities. 1 . The contractor should have solicited bids for subcontractors from available minority subcontracts engaged in the trades covered by these Bid Conditions, including circulation of minority contractor associations. NOTE: The Assistant Regional Administrator of the Office of Federal Contract Comp lance Programs and the compliance agency staff will provide technical assistance on questions pertaining to minority recruitment sources, minority community organizations and minority news media upon receipt of a request for assistance from a contractor. 3. Subsequent Signatory to the NASSAU-SUFFOLK Plan. Contractors that are subject to the requirements of Part II at the time of 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 11 in such a manner as to cause or result in discrimination against any person on account of race, color, religion, sex or national origin. Part III : 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 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 worm on projects subject to these Bid Con- ditions hereby agree to inform their subcontractors in writing of their respective obliga- tions under the terms and requirements of these Bid Conditions, including the provisions relating to goals of minority employment and training. A. Contractors Subject to Part 1. 1 . A contractor covered by Part I of these Bid Conditions shall be in compliance with Executive Order 11246, as amended, the implementing regulations and its obligations under Part 1, provided the contractor together with the labor organization or organizations with which it has a collective bargaining agreement meet the goals for minority utiliza- tion to which they committed themselves solely responsible for any final determination of that question and the consequences thereof. 3. Where OFCCP finds that a contractor has failed to comply with the requirements of the NASSAU-SUFFOLK Plan and its obligations under Part I of these Bid Conditions, it shall take such action and/or impose such sanctions as may be appropriate under the Executive Order cnd 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 For.vard 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 11, Section 2. he contractor must also provide evidence of its steps toward the attainment of its trade'sgoals within the timetables set forth in the NASSAU-SUFFOLK Plan. The pendency of such formal proceedings shall be taken into consideration by Federal agencies in determining whether such contractor can comply with the recuirements of Executive Order 11246, as amended, as is therefore c "responsible prospective contractor" within the meaning of basic principles of Fede al procurement low. B. Contractors Subject to Part II . In regard to Port II of these Bid Conditions, if the contractor meets the goals in the NASSAU-SUFFOLK Plcn, 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 noncompl iar.ce 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 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 cmended, the implementing regulations and its obligations under Port 11 of these Bid Conditions. In that event, no formal sanctions or proceedings leading toward sanctions shall be instituted unless the contracting or administering agency otherwise determines that the contractor is violating the Equal Opportunity clause. Where the agency finds that the contractor failed to comply 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 specirc 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 Applicable to Contractors Subject to Either Part I or Por+ If. 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, and Title V11 of the Civil Rights Act of 1964, as amended . It is the policy of the Office of Federal Contract Compliance Programs that contractors have a responsibility to provide equal employment opportunity if they wish to participate in federally in- volved contracts. To the extent they have delegated the responsibility for some of their employment practices to a labor organization and, as a result, are prevented from meeting their obligations pursuant fid Executive Order 11246, as amended, such contractors cannot be considered to be in comp�icnce with Executive Order 11246, as amended, its implementing rules and regulations. \ Part IV: General Requirements. Contractors are responsible for informing their subcontractors in writing, regard ass of tier, as to their respective obligations under Parts I and Il hereof, as applicable. Whenever a contractor subcontracts a portion of work in any trade covered by these Bid Conditions, it shall include these Bid Conditions in such subcontracts and each subcontractor shall be bound by these Bid Conditions to the full extent as if it were the prime contractor. The contractor shall not, however, be held accountable for the failure of its subcontractors to fulfill their obligations under these Bid Conditions. However, the prime contractor shall give notice to the Assistant o. 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 penalites shall also be deemed to be in noncomplicare 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, end 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. t from contractor to contractor or from project-to-project for the purpose of meeting the contractor's goals shall be a violation of Part 11 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 NASSAY-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 tovard the attainment of its goals within the timetables, all to the purpose of expanding minority utilization in its ag- gregate work force in the NASSAU-SUFFOLK Plan area. A contractor subject to Part I which fails to comply with its obligations under the Equal Opportunity clause of its contract (including failure to meet its fair share obligation if provided in the NASSAU- SUFFOLK Plan) or subject to Part II which fails to achieve its commitments to the goofs 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- mction that the union referral process has impeded efforts to meet its goals. 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 rocking 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 �f 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. APN, 15. m,mo .T i is P��.oLL i_mC:.D: Op CO:r 3i.CTM Uni .,u .CC:'.^:'?C•PC:y The Contrc,.rtor and eaph ahlbcontr ctor ahzll p -,a_r� hia p_,vr�lls on fo=s oatiEfactory toe .n in a.ccozy«:.co v!±th inrtractions to b;+ i11miia.'hed by thx Lzci l 'tL�_ ,� nc c l, y or Pulblic Body. --1:e �'.On+L*;'OY' sh-al cabmi.t tree}.1,- to tho�Lecal Public Ir;icy or Public Boat' two ceri•ified copiEa of zill pa—,-11s of the Coatrocto: an.i of the m1bcon- tractcrs,� m x it bei :uorstood that the Co,,;:•r: :: actonzh 11 bea • rc o..cible c for the ubm4 ssicn o2 Copl ea of pad,:a 1s Of all L i:JC.rZ:trt c YOrs. Each 6L0h payroll e:`_-_ll contai.'1 the '"Weekly St:LtC:._:tt Of Co---oliP..'1Ccl, Set forth in Section 3.3 of Title 29, Code or P:d_ral Rc�Iationr,. Tna M--.^o11s Fa1d basic payroll rocords of the Cont-.=ctar Lnd each sult-cc-n- iractor cc-,reri:,- all laborar., and me _nico o=plcyed L:)or, ,he t 1s. covared by this Contract- be mai_:;t;incl dt:::i_S t:hC' sour O of th:0 0r% =,e_ pre 4 for a pvliV-.t U1 3 ;C,=C: vl.�i...:CLa{r�..♦ VlAC.:1 p t'�.I--\111J t::S r__.L? £.idc'r3JJ Qi each rate i e:plOy'e&, Cor:"3C'Y C1,.^oil?.0 \•lOn. rate of ay t i.Cllr `_atC J I. of. con!\ra2 h.Y1Ga.J � i .y f t' ^ /.rjl. ^•.t, /1)1 or c. ..Yo Zc:c_:�; tv of :, :•!r_ dpi Jad i. Sec`ion 1(b)(2) of the L`avic-Bacon 'ct-), daily L:id ee..1y :::n:, r of hours a:Or.:ed, llod'14otio ns —de, and aCt,,::i w T2s J^.l^.• In F,dc!_--pion. when0voz ?:}n Si�ci tsr of Ls'acr ':. fes:.^.d unser Sec zio:1 5.�(� )(1)(iv) of Title 29, Code of Federal Reo!lations, t ._t tho 4.,Q;•es of any lr:oo_rr o, :Lec'_,arlic i:lclude the Pumnotl.•lt of my COCts reascmtbly xnticipc:td '-'1 =a'lldi. benefits v,/drr a plan oraroL,am. described is �ccti.o:l� �,(b)(2)(P) o:: the .Davio-aacon Act, the. Cont=actoi•Or subcontractor shall maintain -'eCOrda which shots that the co=itnan, to provide such benefits is c-nforceable, th::t the plan Or prov_c::a is fi.�. racially reoponsible, and the plat: Or prop;am has bee'] i21 1.2_tine to the laborer.; Or mecil .':ics o.ffectcd, and ieco-da whit e-h-ow the co-ots anticithatcd or the actual CO.^+t illcuzzro.d i-,l prc,,,_J i n^ Duch banefit:l. The! CC:hyraCtCr and UaC:l cuboontractor sl:ll :a:_e hia recozd3 'With :`::west to pc=:hons ' emplo,,-,'.d by him v=o-n t_^.o u•:Or:: cover e b,,, thin Contract available for {Ilr cction by authori:'sed rC^.=LEc':hy.^.tiV.;O of th3 SOCrOta_-j OI' ::OU3:^.J P-n Urban Mavel0 •n-cint, the Local. -ablic A,3,:.•Y:c,; Or Public Bod,,, and the United States Topa.:tz- 1t of Labor. SUch reprerc-tativeFs shrsl.i be per::L'ttod to iuterviow c^=plOyaee of the Contractor o:: of any subcontractor du:in g wor::ir„ hou o on the job. ' „�� _ _. ......_..._. .. ..a r..�... ..tea:._... ....ow:.r....._...w::.. ........ .wwa....._ . f GENERAL WAGE DECISION NO. NY86-i3 Supersedes General Wage Decision No. NY83-3027 _ State: . NEW YORK County( ies) : NASSAU, AND SUFFOLK Construction Type : BUILDING, RESIDENTIAL, HEAVY & HIGHWAY Construction Description: Building, Rejidential ( includes single family homes and apartments up to and inclu4ing 4 stories) , Heavy & Highway Construction Projects . Modification Record: No. Publication Date Page No. (s) J _ . 't• W�`. p 1 . �. �K`✓ r.l' t J' f{iy� a J' Rt}l♦ �A •.`.).. - t ,.:..r `n � +'�,•� v`i� sPC`. t;,T � � '�VyY "rr �'�,r�t �y" 4 `. + r:t � Y•rJ L F - R-`ssft.l1,:{Y' : a y*�L'its+'�',. 4t �^�'?� .�. ^1t •:-�� + -y • 'y. NY86-13. Z-3- BASIC. FRINGE . . HOURLY . BENEFITS i RATES ASBESTOS WORKERS 17 . 14 8 . 53 BOILERMAKERS 21 .06 .04+ 37% BRICKLAYERS 18. 19 6 .77 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 ; Millwright�'; Piledrivermen; Soft Floor Layers; Aco tical ; Drywall Installers : Residential (under 2\stories) 12 .67 2 . 35 Building 17 . 37 6 .01 Heavy & Highway 17 . 65 6 .01 Nassau County (Remainder of County) : 17 . 66 6 . 78 Suffolk County: Building and Residential 20. 92 5 .67 Heavy and Highway 20. 97 5 . 67 CEMENT MASONS 14 . 15 3 . 71 DIVERS 20. 87 8 .015 ELECTRICIANS : Building 21 . 45 . 37+ 42% -. Wiring single of in le or multiple family P Y dwellings and apartments up to and _-- including 2 stories 15 .00 35 .7% Installation of television recievers, radio recievers, record players and associated apparatus and antenna and home appliances and closed circuit TV and multiple outle-t distribution systems , sound and intercommunication systems and commercial electromechanical devices and appliances where such is- not part of an electrical contract 11 .075 a ELEVATOR CONSTRUCTORS: Elevator Constructors 18.80 3 . 69 + b+c - Helpers . . .14. 10 3.69 + b+c. . . Probationary helpers 9 .40 . Modernization & Repair: :.,Elevator Constructors 1.5•.94- .`3.69 + b+c ...,: He t pers ;.. 1 1 .95. °-.`,3.69 + b+c," . i`;• Probationary helpers 9.40 C LA2IERS18 55 6 : 10 IRONWORKERS : - Structural a_ 16 00 13 .00 ry ; r Ornamental f insher:,` �" tizr a` R��2 Yc`, 16 589.30 LABORERS J e • j.✓ i;}.rr Bui ldtng "axi" "�ai` �• b„ 147.5�z` 85`.38 ' .�-��-.��` ��,•�. �.�Fieavy`�& H�ghway� r. . ete<� Incr..; &`, curbm.=set#er. '•� s ha ,, y��,`{• p.i.�v.Co t, p z. � t�:• ��'��d��... rakers'� . . - - _�- -j r Asphal a NY86- 13 asphalt tampers 11 . 68 . 75 + 13% + d Jackhammers and drill men; hoppermen; carpenters' tenders ; pipe joiners and setters; concrete laborers ( structures ) ; stone spreading laborers; trackmen; grading & excaJating laborers ; yard labc)rers; • p.uddlers on concrete pavement ; asphalt plant (batcher & hoppermen) ; all other unskilled laborers 11 . 68 . 75 + 13% + d MARBLE SETTERS : Cutters & Setters 13 . 93 4 . 19 + e Carvers 14 . 48 4 . 19 + e Polishers 14 . 89 2 . 90 + e Crane Operators ; Derrickmen 12 . 91 4 . 34 + e Marble Finishers (Helpers) 12 . 91 2 . 90 + e METALLIC LATHERS & REINFORCING IRON WORKERS 20. 99 5 .•05 + g MILLWRIGHTS 17 . 79 7 . 66 PAINTERS : Suffolk County : Brush 11 . 95 4 . 43 Scaffold work; rolling scaffold 18 feet Structural steel ; sandblasting 14 . 86 4 . 43 Nassau County (Lakeville Road north from Union Tpke . to Northern Blvd. , all areas on north side of Northern Blvd . east to Roslyn Fridge and Hempstead Harbor , bounded by Hempstead Harbor , east , and Long Island Sound, north; all areas south of Sunrise Hwy. going east to Long Beach Rd . , then south on Long Beach Rd . to Foxherst Ave . , east on Foxherst Ave. to Baldwin Road sign; all areas south of Baldwin Road sign, including Point Lookout and all areas west back to New York City limits : Painters 15 . 16 .01 + 30% Spray 18 . 41 .01 + 30% Fire Escapes 17 . 33 .01 + 30% Nassau County (Remainder of County) and Suffolk County: Painters. & drywall finishers 16 . 98 5. 28 Spraying, .scaffold or rolling scaffold over 18 feet 18 .61 5 . 28 Sandblasting; structural steel 20. 24 . . 5 . 28 Repaint7of hospitals , schools and apartment- .houses 13.55 , 5..28 .. !PAPERHANGERS16 .84 '5.28 1475 5. -PLASTERERS 00 PLUMBERS: �. Nassau. County-• - 18 . 57 5. 32 Job bing. (repair to present plumbing , ` systems that: does 'not change the t {_- existing roughing or.,any other minor •�, ,, t, s y a 1.terat.i on j ob where the 'change �to. v-,:, `�.' �: •: .x`7�x '1 ' `K � s �- -_� • ;; theexisting roughing, does^`no.tfhav . .� rcost�,over'�-.�1'; MA AMCw. NY86- 13 Suffolk County 19 . 50 6 . 45 POWER EOUIPMMENT OPERATORS `(BUILDINIG CONSTRUCTION) : Class 1 17 . 080 2 . 40 + 8% +f Class 2 17 . 355 2 . 40 + 8% +f Class 3 17 . 255 2 . 40 + 8% +f Class 4 15 . 905 2 . 40 + 8% +f Class 5 16 . 905 2 . 40 + 8% +f. Class 6 17 . 105 2 . 40 + ' 8% +f Class 7 16 . 655 2 . 40 + 8% +f Class 8 17 . 480 2 . 40 + 8% +f Class 9 16 . 905 2 . 40 + 8% +f Class 10 17 . 455 2 . 40 + 8% +f Class 11 17 .055 2 .40 + 8% +f Class 12 16 . 155 2 . 40 + 8% +f Class 13 17 . 73 2 ..40 + 8% +f Class 14-A 18 . 23 2 . 40 + 8% +f Class 14-B 18 . 48 2 . 40 + 8% +f Class 14-C 19 . 73 2 . 40 + 8' +f Class 14-D 20. 23 2 . 40 + 8`/, +f Class 15 16 . 85 2 . 40 + 8% +f Class 16 17 . 23 2 . 40 + 8% +f Class 17 17 . 28 2 . 40 + 8% +f Class 18 17 .07 2 . 40 + 8% +f Class 19 16 . 68 2 . 40 + 8% +f Class 20 17 . 33 2 . 40 + 8% +f Class 21 19 . 95 2 . 40 + 8% +f t: Class 22 15. 53 2 . 40 + 8% +f f,it Class 23 18 . 33 2 . 40 + 8% +f Class 24 16 . 67 2 . 40 + 8% +f Class 25 17 . 15 2 . 40 + 8% +f Class 26 14 . 87 2. 40 + 8% +f Class 27 15 . 18 2 . 40 + 8% +f Class 2.8 17 . 295 2 . 40 + 8% +f Class 29 17 . 705 2 . 40 + 8% +f Class 30 17 .08 . 2 . 40 + 8`/, +f Class 31 15 . 895 2:40 + 8% +f Class 32 17 . 305 2 . 40 + 8% +f Class 33 17 . 705 2 . 40 + 8% +f Class 34 14. 87 2 . 40 + 8% +f Class 35 16 . 965 2 .40 + 8% +f POWER EQUIPMENT OPERATORS (HEAVY & HIGHWAY) : Class 1 . . . 17.08 2.40 +- 8% +g Class. 2 ` 14-.45 2 :40 + 8% +g .- Class 3 17-. 30 2 . 40 + 8% +g Class:- 4 �; __.14`. 83 .•2.40 + Class .5 '16-. 58 : : 2.40 +- 8% ,+g C l a s s- 6 - 17.02 ' 2. 40 + 8% +g.- Class 7 `: :16 . 27 '2 .d!0 C1ass' 8 16. 80 -2 .40 8% -+g Class 9 Ay, ' 16 . 50 2.x!0 + .g% +5` CIass 10 17`.:45 2.40 +- 8%. +g Class 1 1w`4 `M:..�•�� 15 $$ > 2.40_+:_.-18% +g,' e� i Y m.c �t r.. rye+t� � !,{sept A�..: � �• f•4 �: V .F. Class 12s, Vis# � � r 16 .27 " 2 40wt8/oi g4 ass r13 '° t 5.f18 2%"40 + 8� +gv 4. s s ,�'4 1.6,.9 i 2'.:°d0'f ,8 •j �it �.L:y�►,y,ar`� wrT® y�'.�G.S�+"'° k e0 :�. �+7�, 4,.ce ;, •�.-� „H;,,..*•i �xr:. baa-ys�° �;.: f .'-e4x�g'•z. "S NY86- 13 r 5 14 8G 2 . 40 + 8% +g Class 1 Class 15 16 . 48 2 . 40 + 8% +g Class 17 17 . 27 2 . 40 + 8% p C 1 v,ss 18 14 . 88 2 . 40 + 8% +g Class 19 16 . 62 2 . 40 + 8% +g Class 20 14 . 87 2 . 40 + 8% +g Class 21 16 . 44 2 .40 + 8% +g C i a s s 22 15 . 32 2 . 40 + 8% +g Class 23 16 . 54 2. 40 a- 8% +g Class 24 17 . 70 2 . 40 + 8% +g Class 25 14 . 65 2 . 40 + 8% +g ROOFERS : Slate & the 11 .07 3 . 95 Waterproofer 12 . 33 6. 27 SHEET METAL WORKERS 12 . 35 2. 88 + 11% SPRINKLER FITTERS & STEAMFITTFRS 21 . 55 7 . 67 Refrigeration, air conditioning and oil burner maintenance an installation mechanics ( installation 0\f commmercial equipment where the combihed horsepower does not exceed 5 horsepower-, installa- tion of air cooling, heating and air conditioning on any job where the com- bined horsepower does not exceed 10 horsepower) 13 . 98 1 . 57 STONE DERRICKMEN & RIGGERS 17 . 44 9 .07 STONE MASONS 18 .00 3 . 75 TERRAZZO WORKERS 17 . 93 3. 12 TERRAZZO & MOSAIC FINISHERS 15 . 48 2 . 71 TILE SETTERS 15 . 28 4 . 335 TILE FINISHERS 13 . 84 3. 17 TRUCK DRIVERS : Building: Ready-mix concrete, sand, gravel , asphalt & bulk cement 9 . 37 3 .064 + h Euclids & turnapulls 9 . 225 3 .064 + h Heavy: Euclids & turnapulls 9 . 325 3.064 + h High Rise 9 .94 3.064 + h WELDERS - Rate for craft to which the welding is incidental . Unlisted classifications needed- for work .not included- within the scope of the cl ass i f i cat i ons 1 i sted may be added of ter award-.on1 y as pro-- - vided An the labor standards contract: clauses (29•.CFR .5.5(a) ( 1 }(•Ji ) ) :.. FOOTNOTES: '- PAID OOTNOTES:PAID HOLIDAYS: _._ A-New .Ye�r.'s Day; B-Memorial Day; C-Ind.:pc?ndence• Day, :,- D-Labor Day; .: E-Thanksgivinrj Day; F-Christmas Day.• a .....- Paid Hoildays A through.:F . President.'s Day, th$ aynnlversary,of�'� st >, the-.amp:Toyeeys date:�of..:em�loymant` �' and':the�:emptoyee.arb-1rth40 AN 0 dt�y *�; •.� 'EIMP 46550 x-•- r,° r ,►� A.1 1 r employees_whose continuous- rdrvi'Ce*'dr d1' ` bega mor t .r .°s ��•" '�'Apri:l. i' ofthcurren. ahOn a�t':E t �< o a. cation.zo a ea=r', Y NY8G- 13 week, and the employee whose ,continuous service credit started prior to October 1 of the preceding year shall be entitled to a vacation o0 two;. weeks . Employees who on March 31 of the current year have. continuous service credit of six years. with Company shall be entitic:d to a vacation of 2 weeks and 1 day; those with 7 years , 2 weeks and 2 days ; 8 years, 2 weeks and 3 days ; 9 years , 2 weeks and 4 days; 10 years, 3 weeks; 15 years, 4 weeks ; 25 years and over, 5 weeks . An employee shall be paid for absence due to personal illness , personal injury, or death in the immediate family at his basic rate- for a period of five (5 ) days in any calender year . b. Employer contributes �S . p a day. c . . Paid Holidays : A through) F , Lincoln' s Birthday, Washington' s Birthday, Columbus Day, �rmistice Day and Friday after Thanksgiving Day. d. Paid Holidays : A through F , Lincoln' s Birthday, Washington' s Birthday, Columbus Day, Veteran's Day and Election Day, provided the employee works or shows up for work on the scheduled day before and the scheduled day after the holiday. e. Paid Holiday: One half day' s pay for Labor Day. f . Paid Holidays : A through F , Lincoln' s Birthday, Washington' s Birthday, Columbus Day, Election Day and Veterans Day. g . Paid Holidays : A through F , Lincoln' s Birthday, Washington' s Columbus Day, Election Day and Veteran s Day, provided employee works the day after the holiday . h. For each 15 days worked with the contract year an employee will receive one day' s vacation with pay, maximum vacation of 3 weeks -• per year . Employer contributes $4 .00 per day to Security Fund. CLASSIFICATION DESCRIPTIONS POWER EQUIPMENT OPERATORS (BUILDING CONSTRUCTION) Class 1 : Asphalt spreader . Class 2: Backhoe, dragline, gradall , piledriver, shovel . Class 3: 'Batching plant (on site of job) , power winch (used for stone or steel ) , power winch truck-mounted (used for stone or steel ) , pump (concrete) . Class 4 : Bending machine, generator (small ) , .vibrator, 1 to. 5. dinky . locomotive. - Class 5 : Boiler, bulldozer, compressor (or crane) , compressor (pile work) , compressor (stone setting) , concrete breaker, conveyor, .generator (pilework) , l.ovding machine (front end) ; maintenance engineer, mechanical compacters- (machine drawn) , . powerhouse, power winch truck other than steel or -stone) ,rpulvi- mixer, power winch (used for other. than stee h) , pump (double action 3 diaphram) ,. pump: (gypsum) , ,pump .(hydrau ic') ,Ftp �mp .:(jet) '! pump4(single � ` action :�aY to 3) , pump (we113paint)mweldng"� ndtiurning; ire:ldingAr ' m a c h i n e (p 1 1 e w o r k) ` �x"� 4 Class- 6 Booms truck crane (crawlermor. truck anveyor mu_1ti .R-��nt +. ...w• .,7..; 4 i.�y •Baca,:a.rw.+-w+..�,i.�i,..++�.��p 'a>T+w .q!tt.Mt.�yl�.S ...- Ig nee spreader. ,. self-prope:l;l'ed _ ,. � '.+ ...... -. _ ... .. "^.'#'�a}'..�'r+mak-�"'S 4..: w.+t�-•+..�.:'^.__.__' ... ..:. ._.._ .^..- .... :.... � �rte-....war.+t.._ Z c. 00'. _;,- J I { NY86- 13 Class 7 : Compressor , compressor ( ' or more in battery) , generator , mulch machine, pin puller , portable heaterz , pump (4 inch or over) , trac tamper, welding machine . Class 8 : Crane and boom truck (setting structural or stone) Class 9 : Bulldozer '(-Used for' excavation) , fireman, loading machine , poweruc.om, scoop (carry-all scraper) vac-all . Class 10: CMI or maxim spreader, concrete spreader , derrick , sideboom tractor . Class 11 : Compressor ( structural steel).: Class 12 : Concrete saw or cutter , mixer (with skip) , mixer (2 small with or without skip) , pump (up to 3 inches) , tractor - caterpillar or wheel . Class 13 : Crane with clam shell bucket . Class 14 : Crane, crawler or truck : a . Boom lengths of 100 ft . ( including jib) but less than 150 ft . b . Boom lengths of 150 ft . ( including jib) but less than 250 ft . C . Boom lengths of 250 ft . ( including jib) but less than 350 ft . d . Boom lengths of 350 f t . Class 15 : Curb machine (asphalt or concrete) , curing machine, pump ( submersible) , tower crane maintenance man. Class 16 : Dredge . Class 17 : Elevator , forklift , hoist ( 1 drum) . Class 18 : Forklift (walk-behind, power operated) . Class 19 : Grader . Class 20: Hoist (2 and drum) . Class 21 : Hoist (multiple platform) . Class 22 : Mechanical compactors (hand operated) , trench machine (hand) . Class 23 : Hoist tandem platform. Class 24 : Hydra-hammer , ridge cutter . Class 25 : Loading machine (with capacity of 10 yds . or over) . Class 26 : Oiler , stump chipper . Class 27 : Power buggies . Class 28 : Roller , trench machine . Class 29 : Scoop, carry-all , scraper in tandem. Class 30: Sideboom tractor (used in tank work) . Class 31 : Stripping machine. Class 32 : Tank work . Class 33 : Tower crane (engineer) . Class 34 : Tower crane (oiler) . Class 35 : Welding machine, structural steel . POWER EQUIPMENT OPERATORS (HEAVY & HIGHWAY) Class 1 : - Asphalt spreader, boom .truck , boring machine •(other than post holes) , CMI or maxim spreader , .•crane (crawler: or truck) , conveyor (multi ) , plant engineer, concrete spreader, sideboom , . tractor, stone spreader . (•self-propelled) , cherry picker. Class 2 : ••'Backhoe , crane-(stone setting) , crane (structural steel ) , dr•a911ne,' gradal1;'♦piledriver, road paver`; -shovel . Class 3 : . Batching plant (on site of job) ,' crane : {on'- barge) , ' - derr i ck , s i deboom tractor-- (used i n tank :work)-.-,:"'tank ,work. . .f , Class 4: r Bending machine; mechan 1 ca 1}compactor s.,�(hand ;operated) , Ypump'; r� M ';"'�,(centrlfu a1 ;"up tox3' .tiiche's); ,trenci-i 'machMin .. - 1 -moi-?�..- .!• ,* pig?�� N r; �. Class 5' � Boi ;er •.tz;� .� t.��,a•-�� .z :`.C lassT 6 '•:; i n ;.♦.rinachi rre (post : Bor xo • 0 � - NIYBG- 13 Class 7 : Bulldozer , concrete finishing machine , conveyor , curb machine (asphalt or concrete) , curing machine , dinky locomotive, fireman, forklift , hoist ( 1 drum) , loading machine , maintenance engineer, pulvi -mixer , pump (4 in. or over ) , pump (h;•drau1ic) , pump ( jet ) , pump (submersible) , pl.lmp (well point ) , roller (5 tons arid over•) , scoop (carry-all , scraper) , maintenance man (tower crane) , vac-all , welding :&_ burning. Class 8 : Cor,.pressor (on crane) , generator (pile work) , welding machine (pile work) , power winch (used fcr other than stone or structural steel ) power house, loading machine (front end) , compressor (pile work) , power winch' ( truck-mounted, used for other than stone or steel ) , hoist (2 drum) . Class 9 : Compressor (2 or more in battery) . Class 10: Compressor (stone setting) , compressor (structural stee.l ) , . .welding machine(structural steel ) . Class 11 : Compressor, mulch machine , pin puller, pump (double action diaphragm) , pump (gypsum) , pump (single action 1 to 3) , . striping machine, welding machine. Class 12 : Loadino machine, with bucket capacity of 10 yards or over . Class 13 : Concrete breaker , concrete saw or cutter , forklift (walk- behind, power operated) , hydra hammer, mixer (with skip) , mixer (2 small with or without skip) , mixer (2 bag or over with or without skip) , power buggies , power grinders , ridge cutter . Class 14 : Dredge. Class 15 : Generator (small ) . Class iG : Grader. Class 17 : Hoist (3 drum) , power winch (truck mounted, used for stone or steel ) , power winch (used for stone setting & structural steel ) , trench machine . Class 18 : Mechanic . Class 19 : Mechanical compactors (machine drawn) , roller (over 5 tons ) . Class 20: Oiler , root cutter, stump chipper, tower crane (oiler , track tamper) . Class 21 : Portable heaters . Class 22 : Power boom. Class 23 : Pump (concrete) . Class 24 : Scoop (carry-all , scraper in tandem) , tower crane (engineer) . Class 25 : Tractor (caterpillar or wheel ) . w i �•- .''f t.'Y.��. JF rt��ti:�.,y}�I' s'4.r.t}\.''•i• � t��,eA M� A .� rr". A.vat"f' t4y +''.73�y 4i C' � -&" "L t,w. t ,3: •N,':' ♦�"yLv ;�.sr.+ 6 !�}'? r f. 3' M1 w v . rt s s e .,1."�4 '��'ti.}��r��Cy��„�'��#� ��m :v��,.. '� i ♦ � r: y� �.st z'«rFc �"�J' �i� .;. .r ; . � �;t'` ��-dt ''('�• yy.. -, ,,,i2,�,n,t,r.;,,,r r,�,r�•,,,,f ez...J:.d7f... ,F.., t.ti �+ .• .ia..q�+nr " i�j ��'i •y :4.. *(�� ..moi'� rt` 1 < .m l S W L f � t 71��G'�,,'�F" i C b .i �j:':j •�f .l GjS1�..y. � 1 !WY 1..�,�.'�f.Y��SJI�Ia f .�7.Q' � 1 .. '• i ty�r iT'_LytYy�3J�111 +i Yvl�Ri� Y• �� '£ a �: .-i+i..1.. ,rte% .i f.^ i�/...•? YT:!Y'. moi~• y�y,y t_'.d'?.- , h"' 0. �l_o-e•r. STANDARD FORM - 257 MONTHLY Z':PLOYMEENIT (;tenth. Year) (Au;. 1915) UTILIZATION RZ?ORT As ;reecribel :; the ^gat. of Labor (OPCCP) (3e* ,-vers. for This report is required by -Executive Order 112,46,. Secticn Failure to rcpz—.t car. result in sanctions which include suspension, te:•mination, cancellations or debarment To: ('' -s cf - = ..r:._ a:.0 .eea. en Cc_.._ azce ;.sene;i ( :rC�: (.••.-e saC Ioea. ca o 'Earle Fisher, Contract Co=liance Offic_r T=-0 Division _ De,pt. of Housing 6 Urban Development 26 Federal Plaaa, 34:.1i Floor Ha>:e 6 Address of Project: Nev York, H.Y. 10007 1. �• :. � "J• i= �nizso- Total :a: work Hours of =='c7--tnt (See footmote) -:t =er •�:_. . . Clea _ a. :. • c. . 1 c. 1 e. ,.. a/'acct total Cc+epa-� s Sane (I.D.) :ad: ._Iaa :'ot& _ au _ar;i �'_- Ir C Ari"- Tr CAn I 7 , T. Tr C T- C• 1 I I r- 1 AD �Tr I ' C 1Tt C Tr C' i I ADI I t + 1 C • .,7 I ! i 1 i I 1 C It ! , Ti- 5 . I I i 1 1 (:nclude Area Cc—) (t ?sales 6 ce=ales *x '::no:i-es S non-=i nor—es) ?age of INSiLRIJC • n'-SiFOR ••"�L.�:;"'I^�f '•7ng[ (:. _ •� i The E_,p;oyrent Utiliz.t ez Report is to be ecr..gletad by each subjeCL •.c.:.:-�ctc; (both pri-z and subcontractors) 2d si3zed by a responsible• t-_ ofcici:al of company. The reports are to be filed on uh-e day required, each mor.-_:, duri= the term of the contract, and they shall include tae total work-hours worked for each employee level in each desig.ated trade for the entire ieportin.; period. The prime contractor shall submit a report :or its a;;regate work fore_ and stall collect and submit. renorts for each subcontractor's a;_res=te work for-z to t o Federal Compliance Agency that is funding their coastrsction Project. - Reporting Period . . . . Self-explanatory. Compliance Agency • • • • • • (l• S. Gove=ent contracting or tering agency respaasible for equal e=picy- _ Qent opportunity on t_he project. .. Contractor . • . • . Any contractor who has a con. tructiCC con- tract with the U. S. Government or appliCnnt .(See OFCCP Revs. 60-1.3) . 1. Co=pany's :sa=e .. Any contractor or subcontractor !c:.o ,.as a federally involved cor_tract. 2. Trade .. . . . . . Caly those crafts covered under ap doable Federal E-70 bid ccnditions. 3. 'park-h„urs of employment The total number of hours worked --y all employees in each classification; t e total number of hours worked by each inority group in each classification and the total work-hours for all women. Classification . . • • • . • • The level of accomplishment or stavis G: -the worker in the trade. (C = Craftworker - Aualified, Ap - Apprentice, Tr - Trainee) • A. Percent of minority work- hours of total work-hours The percentage of total minority work_ ours worked of all :pork-hours worked. Mae sv= of eolums b, c, d and a divided by colucrZ a.) 3. Total 'lumber of minority ".employees Number of minority e-^-^-Jloyees working in • contractor's aggregate work force duriwg reporting period. 6. Total Number of Employees .'• Number of all emolovees working in con- tractor's aggregate work force during reporting period. Minority is defined:as including Blacks, Hispanics, %-Ier,-can adians aria Asian and Pacific .slanders - -both men and wcr.:en. .. CPO too.-got - low'. a a I U.S. DEPARTME14T OF LABOR WAGE AND HOUR DIVISION r . II%'STRUCTIOIIS FOR COMPLETING PAYROLL IORM, W.H-347 Gon..aL int u•s ad WIf 347, p.Yrolf Fail.. Is nil mand.a.ry. 'fhb form has siren mwdt available lar the Co.. FNI AI:E 111:NF.I'ITS - ((mum ler. who .i all rrquiw.l(range brn.f.tr A nmteal.rr who pay.Ismpe Mnhns vrnae"ct of r.avolca a And subcunu.nou ra.mesad L Iheir F.aferal or Fallr.hl - --- -' '- •_.-`-`-"--`�'_"_ --'.- --" 1 Y y aided a'umtrudl..n-type auMlrrls b.uppravorl plana, IunJs. or pang,»nu to wawa..nal It,,16.1-wsre dr.r,murd m she Applicable e.g.areata" and .aM•unrt+an b. 1.1...it weekly prY(oll•. 1'roprrly 161114 aa1, Fhb farm 19:1 salary the e,ioI,,.ocnt.rd Iteg.• of 1Ae 5ren9 ary al Labor shalt condo., 1a show un the face of she payroll she I...- .all hoarly rare and..a". lel sun r• Pa.— 3 and S 417 CF It. S.badt A).r.1u payroll.wbm10e4 sw cunnwlwn wish entreat subject 1.the time rate paid In his employ,.post as he bat alwrya Jun# SuaA a cilmracble h.11'bech paragraph 44.1.d she lose. 9-..-3 rd..trd An.. tulameat oa alit 1-11-9 of tht payroll res lediCa1e does he is also pay.4 4.app,. ed plan.,&-I..or poagrams ' nal leao than file ..swill predrlatimined as filnpe benefits Ise exalt crass Any a...paon..hall be woad m Seat— "hu !arm nein .ado rnulbng from Iht an euJmrm.(the Dav{s liar..Act to ah.4t fringe bene6b pruvl.luna. 41e1. I4aCrr tba uuct4rA law• the a•onrxaur is rayunnl w pay ..d kthan going,bn.efit as p'.1,wianed by dor Urya rb.rns .J L+Lor, m xddawn I.Pay-".#of oat Ies than slit pt"I'strinlnrd Cern. The contractor'.obligation C..tr.eb... rh.. Pay no(dngt benrfll.; A taloracur who pay.no(,Inge benefit shall pay Ile she r.oplay,f.and Ill pay Wuoi;e Len.fits ,^Iy be Inst rash 4y posy ..(the Wag.to Ike v.rluu.plans.I.Id.,of pttrgren.#or insvol a it,, •Ir arght tient Mwoly rale rot.o" ail dor payroll,an arno-ns nut I...she.she prrlet.....ned Cal,Ina • by osa a.:(of....p»yo tom a.par onpluyees.a cal.In Ifni ell Mng., each dasad.raI an plus dor .noon ell Inngt br.efis.det•omaed lar each stanloc.aun In the as.pliaabi,w art Jo f ' L r cilia• In 1. as It fa ..,1 arces.ary to Pay lint.n.1.hell an cast.P+IJ In tau of 111-Mea.the ureran.a 1.rr I. • Soo Y.ua pr,.veln lar she e..nlr.anur•• eAowsng un die fate of ILt payroll all monlea Soria In ILC employ.,. •hall be ns Iry lhnn the tom.J Ihr bw.ie prrJn<rndnrd rite•Plus the hall time prrmrum on 11.•41 err r,Sol.,Cara. wnnher r• :..nor caro or a. sash on Leu ell lNnge..nal pruvwrs fur lh: n louatlor't rrptnrnlrl{on In the W. P:u.the r.qulrnl aaah In lieu o(Irhq;es 01 Ike s,nl`Lt 11-14 rate. In.JJnian•Ihr aanwnar.hall ehelk paragl.pA ..!.sago:!.err.,n r:,r Cur .4 the payroll ah.1 At is paying as when Wir.prs ralulrrd by the contract and nor 4(L) or she wm,mnn un it., erre,,,of the Payroll w Indira(#that ht b paying Wage benefits to .all da orally t0 p.,.t a.a.:u,or.Liu.d Fringe.. Detailed.nwualrvna.•.mars ag the Prepelalion r/the payroll fallow: W.ernployrrs.Any....pho"s aAal)be eased on Sealio.4(cl. Ute ill Section 1(q.1:aerptlone Con O.•nar..r Su Ln•.draatrr: Fill In yrwr(amw+dor and.Mak appropriate boo. ---- �-�--- Any raa.actor who Is looking payment to approved plena•tuna,,or program.In emount In•then the ware drtrnnlnulion req•.Irt• h abltiteit to pay alar deficiency directly to It's n.ployrn as cash In Ilia of fringe. Any ,tt_Ir•.v. Ilii ba y..w fine's address. t.e.eptiom 10 Sr9inn 4(.) 0, 4141. whwhev-r th<canbara•r maY chrak,-halt be MW d In Station 4(c). 1.nler 1.1 the F,aeepIto"anlurnn the crarl,and en,tr In.'.e Earl.na61on Col.~the hourly amount paid the vuployn a cells s.%'%.,... „u.l 1...rat Sr.uriry+ .n sire u(F1u.pl.oYer: The rmpluyar's full n:mt m..I by.hole" to It., .((ring. and the huvrly rmounl)aU to pl.m,food.,as pr.litam.as Iringn. The eo.ro.ctar.hall Day. ..,. ..,,h w.,.,.,y,.y,utl .,.m.. -1l.. e.in1,.ce'tu addrea. nuul alas be d.awa w:the i.ayruh Cover 1;Iter fi... and .hall Thor that he b prying Ile each eels roPMy.c lar ell ha•r.(unlet otArrrl.t Dlurlded 6y aypha.41• work.as Jae fi gml. the aJdlo .rad nut be•hers un.ob•wlutwl weekly payrnl;. del<rmin.11un) worked on Federal .r h'Mee.fly asebted project an wmsu"t-011.#then doe pledr ,o0n.4 rete ..,.';a• 1:,. ..•!.:.. .hang.. Allho gh nor re IoFeJ by 11,gulahons,Naris 3 and S.space i.avaJable In der name plus cash In If- of Iring. a. Ihown 1.Srellua 4(c). lit role paid and amount.1<oh paid Ir.hole of Wills. ..d a IJrras.a.n+n to that Sodas%,Vur&ly r(u,.bers may be Aafad• benefits Sort hour.Awad he entered In wlttlow 6 0o the payroll. an paragraph an'Conlr.non.40 pay no fhnp b<mlit'For compulrlion of 0.0c"..: $a 1',.lurr n Y t!'irLhahloog p.oatj, .uor: This column is mcraiy losrl<d for the employer's rn.venieace and 1.nal a na;u,rrn,aut ell Ilep.lalivas.1•.11.3 and 3. ('ala,oaa 7_Crus. Amownl 1:.1.161• F.nttt Sen.. amsunl swroad on 1M#proloct. If pool a4 the-play_.,weekly w.g. .6. canard o s pruiacl. other th.n the pngnl described do thio payrall,enter i.c.hano 7 rill Jit..nu..at tarsal on the Federal it Federally an{unl p/uj.<I a04 Isom Ibt goo..■moranl earned during the week u"all G damn_7 t!':. ('Ia.r;L•cu risme. Lill al.a.iheadon dr.croPllve aJ work aew.11y pe fonnnl by emplayees. Can, p'aJn9•,thus 1/43.1111/(10.011. ..It ala•..... :,.n. :o..l ma.aria- wawa• •1 he.lule see tooth m'-allied sPrcifiannon.. It aJdibnnal cl..dlrabum are .rmN --_Y. aft l iaw.onng (slice err Agency n{iicat.tatire�prployse may be.hewn as having worked Cuh.m" a_Daducliuna_ Five talurn.. ars Pruvid.d fur showing do.luctinas..J.. 11 mint the.I've ded.cti.ns ' -al ..at tLan one dawr0cw0un pr...•.dell aacu Cab bre.kduwn W hours a wurhed is loaintalrtM and show%on $boulit he in.rolvrt,oat first 4 aahanns;Dhow the balance of dNucuan.undo'ehhai CWumn; .how aawal total suAm.O,J pxyeull Ly oat of.cp...1.lint entr{<.. under 'Tuml DeJvrhum' column; and In the asbrhmenl u Ill'pryroll 4e.cnbe the deductions contained in the 'thi"rr' caloroa. All Jadutlh n man be In eacoral+otcr with Ohl yluvihom of the Copeland Act argul.rion•,29 CFM. Pon 3. If It.,employee worked at other tub#in oddnion w this prajaw rl.ehoactual drduct,ons team Ms 4 - H..nrs tt'orkv-- fM all ennu» cle .abject lel she Cootrrd Wark floor*SlandarJs Act mtr#as over• weakly grass ar.gr,bol indicate Islasdr4ocl{u0.are based on h.s grw,wages. No—h,.u.all huun.,,eked in..co.ell a h-%pct day auJ 40 h.r.C.a week. C Col4m.0•Nn W.gra rail fur Wank: !GIs seplanrlocy.olumn S_T.aap Sa•ILrr Sol+nat,ry. _.- ._.- C,.h,nail 5 Nair luJ{ng Fnge Itrnainc l she pl..yre TolAls %Puce has been Ode a1 she bottom of the columna ser shot totals may be shown of don t can caer...dealers. oI 1•wy, unIn slew iy,N one Lu.,iia ureal Anurly rate p:won -- ' for ser saga 11-11 ..rkrJ'plus any soh in he.o of Ling.e P.id the r".pluyrt. When resoldm6 the rsra,g.t aloe St.teawnl 11_901W by Nq:»I+toon.. Not- 3 end S• While this form need neo be.maolr..1.IN.s1.s,nitla.n she ho+rly Carr, any cash p.ld a.taw ell triages may be.h"wn$apural.iy from Ihf ba•rt role.thus 13.23/.40. Thl. beak w the p»qudl Is ali.sa w the pe..lurs pw ;.Irs by la 1150 400E namely,p.....ble,..lost.........loo S o.•J+.iatana<m rogndy a..n,PulinIt overlunr. Sr<'1'nn•;c Ilmebt-' bola. In u,e,o ear boa•how uverh.a:h.wrly yrers or 110.1101100 flat or both. Ana,dlegly.she Party siCnuoif Ohl.rsqub<d#tale..a•.I sl.uuld hart knuwhdge pp.. _oy cash in lieu of Inngr.pod the emfJuyer. Sae'Foio.gt Ileoait.' below. 1'ay,a,.,of nal I... of Ihr la-'.rrpre.lntd.s Ifs. 1L:u. burr and .." hall the I a w of rag du rate pond a raga,d fu,ol,ammr..Jet she Cunt""Wu/4 11..un Stan wed. AU .d I:rhl. In ajj.non lel paying n..1 In.than the prejr1trminad rate lot Ihr atnsdrallon in which Space has beers provided brewer. dam (11 and (11 of she look-tal For describing soy dedunoun•made. If all Ihr euy,1..)cr works, Doe runlr+tWr.hall Pay lel approved plan.,fond.•err yroy rams air shall Pay as cash In lieu Jrt.e9iwo. nada are ad.var.srly dn,thed Ile Ihr'Usslac4 n-ctdumw above,sole'bet Donis-plans e.Jvmn on IM. .,1 Irmgn .-1uuat pied'e"asin<d o fringe broofou in the wage dacisswt made part of the Corafroci.Sae'FMI Ni)L' Payroll.' See paragraph eolided 'FMINGL 116NCFITa' abwe for IMItucOaa.cawce#stmg filling les p..ugraph DENLFITS'bd..w. 4o(dot Matrmem. ' t J k OF IjE4R PAYROLL ion,A �(••,�,. pp G:. � w.;J N„!rsJ[U,IGO17 IIudLA IIUIMu No.t!IIIU9) (For Conirocloi s Optional Uss;50o Instruction,Form 1VII.347 Inst.) Of C(A11TIAL 108 f On`AUUCb1U)IAC IOR U AUUNI SS - �h Y. TA 1L h0. JOn WCCK tnnom; 1'IIOIfCT AI:0 LOCATION 6'n6act On COIrt BACr NO. 111 '200,, 131 �. — 141 DAY ANO NA1 E. ISI 161 171-- lo) 191 — DEDUCTIONS NET KAVr 00GU iS.AND _ _ r) pJ WORK q TOTAL CIAIE GRCKS WAGCS S.i:tAL SCC U�.ITY IMMD[R I� 1^�1t1 1 (1t1 AMOUNT u 0,Wt_0)LE S C1A551r{CATION rl.J__1—J_1 �_ iIOURS Of PAY It ICA WIM' 0)KLA ICTAL PMO ��=% C) EARNED 1)o1OIN0 OtLVC71[Y(s YOn w[EK 2 C NOIINS V:011Ni 1)CACTI UAW TAM 1 0 I i 5 u ' o C 1 S 1 ,•/a�.l�s.�6..,.tatlle•M .Yr1.rVOr _ _ ��.i�...�uw u.......ru..r_:_r:.�..r.�_r�x'r.:"..�!'•:� ....��.—_��.,.�....•......�. ....rwr..+..ww+.M. Dale In the contract have been or will he mode to appropriate programs for the bent'flt of such employees,except as noted ht Section d(c) below. 1: (Ne,se a sl[s.lary pony)' (b) WIl EI11:V111,40%Cil:N EI'19'S Alm CAlD IN CASK berebystsle: 1 —Ench laborer, or mechanle lined In the above referenced payroll has been paid, as Indicated on the payroll, an amount not leas than &e sum of the a (1) That 1 pay or supervise file payment of file persona employed by applicable basic hourly wage rate plus the amount of the requlred (rings + } r benefits as listed In Ilia eonlracl,except as noted to Secllon 6(c) br;o,#. nn The (C.01#6068 of e.be.0trselot) III.a,Ina nr ve,k) (e)EXCEPTioNS f ,A, I that during the payroll period commencing on the day of 19_,and ending(he tiny of ,19_� 3(CEP1.0:1 EXPLANATION it persons employed nn sold prolocl hxt'e bLCA paid the full wetkly wages cortical,that no rebates have been or will be made tither directly or Indirectly to or on behaN of sold [ e from the full (Conliscwr or subc.nli.ct.r) weekly wages earned by any person and that no deductions have been mod*either directly or Indirectly from the full wages earned by any person.other than permissible dalucllons oe d"lned l in Reo Iations• Cart 9(20 CFR SubUJe A),Issued by the Secretary of Labor under the Copeland Act, ss amended (18 Sta: 048,69 Slat. 108, 72 Stat 967;76 Still.367;40 I.I,S.C.270c),and da• ciibed below: f r I i L _ h N[MAIrKB ' (2) not any payrolls otherwise under this contract required lobe nlfimllttvl for the above period are carred end eumpTde; that the wogs ratty for laborers or mochanlcs contained lherrin are nes!less than the applicable wage rale*contained In any wage detersulnellon Incorporate.!Into the tontmct;that the classifications set forth thtreln for cacti laborer or mechanic conform with the ' work heperfosned. (9) Thud any apprentices crnpieyed to the above perlud are duly regl6lered In a bans Rd* appren,&Ctli!p program regislercd with a State apprLnUtuhlp agency rteogniaal by die I!ureou of Anprenticeishlp and Training, VniUd Slules Pcparbnenl of Labor, or If act such rtroRulied f agecry edsts In a Stalq are regli.tered with doe llureau of Apprenticeship and Training.United _ Stags Department of Labor. ' (4) =hall NAME AMC) I'ME (a) W111.111: FRINGE DENGFITS ARE PAID TO APPROVED PLANS, FUNDS, .. OH 1'IlOr!IAht3 - 711E WILFUL rALWICATIOe: or ANY or Tilt t!IOVC ST#TSMEnT'MAY SUQICCT 7nE CO••r��t.,^,n �_ In addition to the basic hour) we a rates aid to each laborer or mechanic On Su1,f.ONT1IACIOn TO G;V•'_Ofl Cr'I,,ur+.L vnq ,:GL'TiON, L:E SLCTION IC4• Or 1 ',: •11 an y g p SEC710Y 2]I OP TIUC31 Of WC U111T[D L,AI a i:C•CE. I Wed In the above Werraeed payroll, payments of(rings benottla as Ila;cd ___......�. 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 ojvned? yes1_1 no 1-1 Is your company subcontracting., any part of this contract, to a minority or female o•,•mzJ businzss? Yes �`) no If you answered yes to either question above, please check each box that applies to your company- Male ompany:Ma1e Female C� Black C? Hispanic Native American other specify Amount of Contract $ Check each box that applies to your sub-contractor male female black Hispanic Native American M other specif, Amount of Subcontract $ 1 i�IPORTA►�T PLEASE RE D 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, it any, are proposed for hiring project area residents and for subcontracting with project area businesses. A list of project area businesses and a list of organizations concerned with the esidents is included in this Section in employment of project area r order to assist you %•:hen filling out thZ Contractor's Section 3 Pian. is a Trainee Utilization Plan and a Also included in this Section Plan. The successful bidder would be Skilled Employee Utiiizatien �. required to submit these 2 forms monthly tiiith the Monthly Employment Util-i nation Report (SF 257). PLEASE NOTE: The successful bidder is the one with the lowest bid. Each bidder- nowever Rust sign the Contractor' s Compliance Form and complcta the Contractor's Section 3 Plan. z . Date: Project pia: - • Location: ST "T 0: Traininz) tee.. • and cont-ract—,, �D^r` n�.0 `t eS .. - _ for Sus_rlessesar Lc::er - -e _?_ ^c . J A. The project assisted u^.aer :::.s 1== --•"��'-•_ •=_�+_) is subject to t::e ui e^ re section . Q _ .erats C: _ Of the a^^.v11S1 g and :1rDa^. L•c'v?1.C":'e::T. nCi. of ^V as a=ended, '� J.S.C. l7,01u. 'Secti-on j recti r2s that to .:e grew._est extent feasible OHO^r=._t_es for tr i^�;.�-a:,a E=.;.o _:ent be _,cver ' given �c�_r into=e residents of the arc;ec area cc, -a^: r ror i ^ a_ s _o n vith the Dr- owned r^�pC t .^e vw�. :� ti'.? C C.^. r:' l:l C .. _ d o s=1.1 ss C ce as 'd:_ca are locates r owned in subs a-r -n-1 Dem bY Per soMs resid.7 in `, a area o D ect. B. hotwitas`�.an.'.in g any Orae: 7r0?iS_^.n Of t i5 (CO.^.t��Ct)(acree••Q•;y)i t�== (applicantf(._^i..ie:t) zh- carry cut � Dro,,risions of s-' S. C`` 3 and the re�ul.?.-1-0.^.S _s.s.'.ed _—suint _*e et0 OJ t'e Secreta` Sc In 2 C:7 rt-_3% aLosned =:: 33 -_dera_ Re�f_ster 2;:_J, Co.cL�r lel ) ' and all applicable i-t�1C5'anA Or. errC- he Secretary 1ssusD '_.. _ to the execution G. ):a=`ee�_nt). rec;. _-.C.^.t3 O: Sa=C • reculat_cns i.1'clua but are z.7-_ o 7...r Of wn 2 fi...._:i 'Q C.Cticn ._ ut_l_z_n or o:.aed in s:�stG-tial _==t _.srtons :es___. _ _n _n_ area G. 1'— oro:= of a _JJG :a=: ' Gs ce:_-ea c: tra ring, e.�_o i_.e.^aV) G-)"^rD� �s rcvli_ ec•.3y sz--:;-n1 ^and 2:1COr.ar t_Cn O: ' e °Sect_Crl,_ C__'aen __�C_f_e'I bj SecOII the reSula titins in all cc=t`_Cts f0: in The agrees that it _S ur._er no Con- tractual or of er disab_ii:y ;,-o.,l d prevent ;t frc co=in.r*_ 'pan these re wire=ents. - _ C. CO pI_a.^ce .._y•i t-e '"_.O.I:S_^. o-f Sect:Cn 3 :C rG�1^.^.J• set 24 C h Part _Ji) E_:nd all ^ '`__C3J±? ^.1x5 _InA OrderS Of ? Y e thereu ,_2_r lor_Or to at?r--val the CJ':_r:_ea, Ofor (agree ent)t,_c..t:ac-) , s =_- be a condit_-n o f "ne r=der al finz:__=l _ss » anC �• P i`ed _../o the projec_, b4--::z L;.v I• T .�� ^ uyr.� (a�D _C�.n V•" �`-e.�.. _��•' ) _t.i • sccessors ...i .ass_srs. i:s_=:.. Va l•M,.i•ll _�e�� r.�•.•`•..�ii�-._� _J`.".1\.�?w .�4✓'w� . . t Pr 11 rl.J J�r• � ) ♦V.?'_G ✓ f=.i C+ JLLL '•v.I• -• • •yJ 54....L:IJVr J, c^•SS_ .S VV the s nct_r_:J by Vi_✓ `- such Ja.^.Ct_Cns as axe Jp.'.•`.iw_ed 2.4 c1 1 Section 2.,:5.115 Ccr.p ny i:ame Adt;re s s: Official Sigra:r:: T pe rri CONTRACTOR'S SECTION 3 PLA 1 - Name of Firm Address Phone • j 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 noti f'v? d - What publications aill you use for e:iployment notices? 4 - Subcontractors ' a - Do you erect to use project area businesses as subcontractors or vendors? YES NO b - If yes how many? c'= What businesses, if any, from the project area will you request bids from? Plan prepared by Name Position Date ATTACHIIENT B Section 3 Plan All bid packages must contain the following information: 1 - Purpose of the Section 3 Plan - Contractor's Compliance Form 3 - Contractor'•s Section 3 Plan _4 - Trainee Utilization Plan 5 - Skilled Employee Utilization Plan 6' - List of organizations concerned with the employ►nent of lo,q-modera,'.A income persons. i- List of project area businesses. ZAIINIE UT ILIZAT1(;;; f'L1�3 This form is to be submitted with the Monthly Employment Utilization Report (SF 257). If more space is needed, please continue on other side of page. CONTRACTOR'S NAS,.tE: ADDRESS: TELEPHONE: PROJECT NAME: ADDRESS: -t1- 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 1 s t by work category. # OF TRAINEES WORK CATEGORY 3- Total number of trainees currently to be recruited and hired from the project area? # OF TRAINEES WORK CATEGORY DATE COMPANY OFFICIAL 'S SIGNATURE i,.+D TITLE SKI LL ED EMPLOYEE UT 11.I L:AT I O" 1_AN This form is to be submitted with the blonUily Employment Util ization Report ASF 257). If more space is needed please continue on Cher, side of page. CONTRACTOR'S NIAME: ADDRESS: TELEPHONE: PROJECT UME: 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 EIPL GYEES YORK CATEGORY 3- Total Number of skilled employees currently to be recruited and hired from the project area? OF SKILLED EN'PLOYEES WORK CATEGORY DATE COMPANY OFFICIAL 'S SIG,IIITURE AMD TITLE Federal Labor Standards Provisions U.S. Department of Housing and Urban Development mir Applicability The Project or Program to which the construction work covered by this HUD or its designee shall refer the questions,including the views of all contract pertains is being assisted by the United States of America and the interested parties and the recommendation of HUD or its designee,to the following Federal labor Standards Provisions are included in this Contract Administrator for determination.The Administrator,or an authorized repre- pursuant to the provisions applicable to such Federal assistance. sentative,will issue a determination within 30 days of receipt and so advise A.1.(I)Minimum Wages.All laborers and mechanics employed or work- HUD or its designee or will notify HUD or its designee within the 30-day Ing upon the site of the work(or under the United States Housing Act of period that additional time is necessary.(Approved by the Office of Man- 1937 or under the Housing Act of 1949 in the construction or development agement and Budget under OMB Control Number 1215-0140.) of the project),will be paid unconditionally and not less often than once a (d)The wage rate(including fringe benefits where appropriate) week,and without subsequent deduction or rebate on any account(except determined pursuant to subparagraphs(1)(b)or(c)of this paragraph,shall such payroll deductions as are permitted by regulations issued by the be paid to all workers performing work in the classification under this con- Secretary of Labor under the Copeland Act(29 CFR Part 3),the full amount tract from the first day on which work is performed in the classification. of wages and bona fide fringe benefits(or cash equivalents thereof)due at (iii)Whenever the minimum wage rate prescribed in the contract for a time of payment computed at rates not less than those contained in the class of laborers or mechanics includes a fringe benefit which is not wage determination of the Secretary of Labor which is attached hereto and expressed as an hourly rate,the contractor shall either pay the benefit as made a part hereof,regardless of any contractural relationship which may stated in the wage determination or shall pay another bona fide fringe be alleged to exist between the contractor and such laborers and benefit or an hourly cash equivalent thereof. mechanics.Contributions made or costs reasonably anticipated for bona (iv)If the contractor does not make payments to a trustee or other third fide fringe benefits under Section 1(b)(2)of the Davis-Bacon Act on behalf person,the contractor may consider as part of the wages of any laborer cr of laborers or mechanics are considered wages paid to such laborers or mechanic the amount of any costs reasonably anticipated in providing mechanics,subject to the provisions of 29 CFR-5.5(a)(1)(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 that the applicable standards of the Davis-Bacon Act have been met The the particular weekly period,are deemed to be constructively made or Secretary of Labor may require the contractor to set aside in a separate incurred during such weekly period. account assets for the meeting of obligations under the plan or program. Such laborers and mechanics shall be paid the appropriate wage rate (Approved by the Office of Management and Budget under OMB Control and fringe benefits on the wage determination for the classification of work Number 1215-0140.) actually performed,without regard to skill,except as provided in 29 CFR 2.Withholding.HUD or its designee shall upon its own action or upon Part 5.5(a)(4).Laborers or mechanics performing work in more than one written request of an authorized representative of the Department of Labor classification may be compensated at the rate specified for each classifica- withhold or cause to be withheld from the contractor under 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 Federally-assisted contract subject to Davis-Bacon prevailing wage which work is performed.The wage determination(including any additional requirements,which is held by the same prime.contractor so much of the classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii)and accrued payments or advances as may be considered necessary to pay the Davis-Bacon poster(WH-1321)shall be posted at all times by the con- laborers and mechanics,including apprentices,trainees and helpers, tractor and its subcontractors at the site of the work in a prominent and employed by the contractor or any subcontractor the full amount of wages accessible place where it can be easily seen by the workers. required by the contract In the event of failure to pay any laborer or (ii)(a)Any class of laborers or mechanics which is not listed in the mechanic,including any apprentice,trainee or helper,employed or working wage determination and which is to be employed under the contract shall on the site of the work(or under the United States Housing Act of 1937 or be classified in conformance with the wage determination.HUD shall under the Housing Act of 1949 in the construction or development of the approve an additional classification and wage rate and fringe benefits project),all or part of the wages required by the contract,HUD or its desig- therefore only when the following criteria have been met nee may,after written notice to the contractor,sponsor,applicant,or owner, (1)The work to be performed by the classification requested is not take such action as may be necessary to cause the suspension of any performed by a classification in the wage determination;and further payment,advance,or guarantee of funds until such-violations have (2)The classification is utilized in the area by the construction ceased.HUD or its designee may,after written notice to the contractor,dis- industry;and burse such amounts withheld for and on account of the contractor or sub- (3)The proposed wage rate,including any bona fide fringe bene- contractor to the respective employees to whom they are due.The Comp- fits,bears a reasonable relationship to the wage rates contained in the troller General shall make such disbursements in the case of direct wage determination. Davis-Bacon Act contracts. (b)If the contractor and the laborers and mechanics to be employed 3.(1)Payrolls and basic records.Payrolls and basic records relating in the classification(if known),or their representatives,and HUD or its thereto shall be maintained by the contractor during the course of the work designee agree on the classification and wage rate(including the amount preserved for a period of three years thereafter for all laborers and designated for fringe benefits where appropriate),a report of the action mechanics working at the site of the work(or under the United States taken shall be sent by HUD or its designee to the Administrator of the Wage Housing Act of 1937,or under the Housing Act of 1949,in the construction and Hour Division,Employment Standards Administration,U.S.Department or development of the project).Such records shall contain the name, of Labor,Washington,D.C.20210.The Administrator,or an authorized address,and social security number of each such worker,his or her cor- representative,will approve,modify,or disapprove every additional classifi- rect classification,hourly rates of wages paid(including rates of contribu- cation action within 30 days of receipt and so advise HUD or its designee tions or costs anticipated for bona fide fringe benefits or cash equivalents or will notify HUD or its designee within the 30-day period that additional thereof of the types described in Section 1(b)(2)(B)of the Davis-b:con Act), time is necessary.(Approved by the Office of Management and Budget daily and weekly number of hours worked,deductions made and actual under OMB control number 1215-0140.) wages paid.Whenever the Secretary of Labor has found under 29 CFR 5.5 (c)In the event the contractor,the laborers or mechanics to be (a)(1)(iv)that the wages of any laborer or mechanic include the amount of employed in the classification or their representatives,and HUD or its any costs reasonably anticipated in providing benefits under a plan or pro- designee do not agree on the proposed classification and wage rate gram described in Section 1(b)(2)(B)of the Davis-Bacon Act,the contractor (including the amount designated for fringe benefits,where appropriate), shall maintain records which show that the commitment to provide such Previous Edition is Obsolete HUD-4010(2-84) (H8 1344.1) i - benefits is enforceable,that the plan or program is financially responsible, apprentice.The allowable ratio of apprentices to journeymen on the job site and that the plan or program has been communicated in writing to the in any craft classification shall not be greater than the ratio permitted to the laborers or mechanics affected,and records which show the costs antici- contractor as to the entire work force under the registered program.Any pated or the actual cost incurred in providing such benefits.Contractors worker listed on a payroll at an apprentice wage rate,who is not registered employing apprentices or trainees under approved programs shall maintain or otherwise employed as stated above,shall be paid not less than the written evidence of the registration of apprenticeship programs and certifi- applicable wage rate on the wage determination for the classification of cation of trainee programs,the registration of the apprentices and trainees, work actually performed.In addition,any apprentice performing work on and the ratios and wage rates prescribed in the applicable programs. the job site in excess of the ratio permitted under the registered program (Approved by the Office of Management and Budget under OMB Control shall be paid not less than the applicable wage rate on the wage determi- Numbers 1215-0140 and 1215-0017.) nation for the work actually performed.Where a contractor is performing (Q(a)The contractor shall submit weekly for each week in which any construction on a project in a locality other than that in which its program is contract work is performed a copy of all payrolls to HUD or its designee if registered,the ratios and wage rates(expressed in percentages of the jour- the agency is a party to the contract,but if the agency is not such a party, neyman's hourly rate)specified in the contractor's or subcontractor's regis- the contractor will submit the payrolls to the applicant,sponsor,or owner, tered program shall be observed.Every apprenctice must be paid at not as the case may be,for transmission to HUD or its designee.The payrolls less than the rate specified in the registered program for the apprentice's submitted shall set out accurately and completely all of the information level of progress,expressed as a percentage of the journeymen hourly rate required to be maintained under 29 CFR Part 5.5(a)(3)(i).This information specified in the applicable wage determination.Apprentices shall be paid may be submitted in any form desired.Optional Form WH-347 is available fringe benefits in accordance with the provisions of the apprenticeship for this purpose and may be purchased from the Superintendent of Docu- program.If the apprenticeship program does not specify fringe benefits, ments(Federal Stock Number 029-005-00014-1),U.S.Government Printing apprentices must be paid the full amount of fringe benefits listed on the Office,Washington,DC.20402.The prime contractor is responsible for the wage determination for the applicable classification.If the Administrator submission of copies of payrolls by all subcontractors.(Approved by the determines that a different practice prevails for the applicable apprentice Office of Management and Budget under OMB Control Number classification,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: i performed until an acceptable program is approved. (1)That the payroll for the payroll period contains the information (f)Trainees.Except as provided in 29 CFR 5.16,trainees will not be required to be maintained under 29 CFR Part 5.5(a)(3)(i)and that such permitted to work at less than the predetermined rate for the work per- information is correct and complete; formed unless they are employed pursuant to and individually registered in (2)That each laborer or mechanic(including each helper, a program which has received prior approval,evidenced by formal certifi- apprentice,and trainee)employed on the contract during the payroll period cation by the U.S.Department of Labor,Employment and Training Admini- has been paid the full weekly wages earned,without rebate,either directly stration.The ratio of trainees to journeymen on the job site shall not be or indirectly,and that no deductions have been made either directly or indi- greater than permitted under the plan approved by the Employment and rectiy from the full wages earned,other than permissable deductions as set Training Administration.Every trainee must be paid at not less than the rate forth in 29 CFR Part 3; specified in the approved program for the trainee's level of progress, (3)That each laborer or mechanic has been paid not less than the expressed as a percentage of the journeyman hourly rate specified in the applicable wage rates and fringe benefits or cash equivalents for the 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)certification set amount of fringe benefits listed on the wage determination unless the forth on the reverse side'of Optional Form WH-347 shall satisfy the Administrator of the Wage and Hour Division determines that there is an requirement for submission of the"Statement of Compliance"required by apprenticeship program associated with the corresponding journeyman paragraph A.3.(ii)(b)of this section. wage rate on the wage determination which provides for less than full (d)The falsification of any of the above certifications may subject the fringe benefits for apprentices.Any employee listed on the payroll at a contractor or subcontractor to civil or criminal prosecution under Section trainee rate who 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 (iii)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 actually performed.In addition,any trainee performing work on the job site transcription by authorized representatives of HUD or its designee or the - _ in excess of the ratio permitted under the registered program shall be paid Department of Labor,and shall permit such representatives to interview not less than the applicable wage rate on the wage determination for the employees during working hours on the 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- 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 (iii)Equal employment opportunity.The utilization of apprentices, records available may be grounds for debarment action pursuant to 29 trainees and journeymen under this part shall be in conformity with the CFP,Part 5.12. equal employment opportunity requirements of Executive Order 11246,as 4.(i)Apprentices and Trainees.Apprentices.Apprentices will be per- amended,and 29 CFR Part 30. 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 contractor or subcontractor will insert in any sub- and Training,or with a State Apprenticeship Agency recognized by the contracts the clauses contained in 29 CFR 5.5(a)(1)through(10)and such Bureau,or if a person is employed in his or her first 90 days of probationary other clauses as HUD or its designee may by appropriate instructions employment as an apprentice in such an apprenticeship program,who is require,and also a clause requiring the subcontractors to include these not individually registered in the program,but who has been certified by the clauses in any lower tier subcontracts.The prime contractor-shall be Bureau of 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.Contracte termination;debarment.A breach of the contract clauses in pensation at a rate not less than one and one-half times the basic rate of 29 CFR 5.5 may be grounds for termination of the contract,and for debar- pay for all hours worked in excess of eight hours in any calendar day or in ment as a contractor and a subcontractor as provided in 29 CFR 5.12. excess of forty hours in such workweek,whichever is greater. 8.Compliance with Davis-Bacon and Related Act Requirements.All rul- (2)Violation;liability for unpaid wages;liquidated damages.In the ings and interpretations of the Davis-Bacon and Related Acts contained in event of any violation of the clause set forth in subparagraph(1)of this 29 CFR Parts 1,3,and 5 are herein incorporated by reference in this paragraph,the contractor and any subcontractor responsible therefor shall contract be liable for the unpaid wages.In addition,such contractor and subcon- 9.Disputes concerning labor standards.Disputes arising out of the labor tractor shall be liable to the United States(in the case of work done under standards provisions of this contract shall not be subject to the general contract for the District of Columbia or a territory,to such District or to such disputes clause of this contract Such disputes shall be resolved in accor- territory),for liquidated damages.Such liquidated damages shall be com- dance with the procedures of the Department of Labor set forth in 29 CFR puted with respect to each individual laborer or mechanic,including Parts 5,6,and 7.Disputes within the meaning of this clause include dis- watchmen and guards,employed in violation of the clause set forth in sub- putes between the contractor(or any of its subcontractors)and HUD or its paragraph(1)of this paragraph,in the sum of$10 for each calendar day on designee,the U.S.Department of Labor,or the employees or their which such individual was required or permitted to work in excess of eight representatives. hours or in excess of the standard workweek of forty hours without pay- 10.(i)Certification of Eligibility.By entering into this contract,the con- ment of the overtime wages required by the clause set forth in subpara- tractor certifies that neither it(nor he or she)nor any person or firm who graph(1)of this paragraph. has an interest in the contractor's firm is a person or firm ineligible to be (3)Withholding for unpaid wages and liquidated damages.HUD or its awarded Government contracts by virtue of Section 3(a)of the Davis- designee shall upon its own action or upon written request of an autho- Bacon Act or 29 CFR 5.12(a)(1)or to be awarded HUD contracts or partici- rized representative of the Department of Labor withhold or cause to be pate in HUD programs pursuant to 24 CFR Part 24. withheld,from any moneys payable on account of work performed by the (ii)No part of this contract shall be subcontracted to any person or firm contractor or subcontractor under any such contract or any other Federal ineligible for award of a Government contract by virtue of Section 3(a)of contract with the same prime contract,or any other Federally-assisted con- the Davis-Bacon Act or 29 CFR 5.12(a)(1)or to be awarded HUD contracts tract subject to the Contract Work Hours and Safety Standards Act,which or participate in HUD programs pursuant to 24 CFR Part 24. is held by the same prime contractor such sums as may be determined to (iii)The penalty for making false statements is prescribed in the U.S. be necessary to satisfy any liabilities of such contractor or subcontractor Criminal Code,18 U.S.C.1001.Additionally,U.S.Crimnal Code,Section for unpaid wages and liquidated damages as provided in the clause set 1010,Title 18.U.S.C.,"Federal Housing Administration transactions",pro- forth in subparagraph(2)of this paragraph. vides in part'Whoever,for the purpose of. . .influencing in any way the (4)Subcontracts.The contractor or subcontractor shall insert in any action of such Administration. . . makes,utters or publishes any statement, subcontracts the clauses set forth in subparagraph(1)through(4)of this knowing the same to be false. . . shall be fined not more than$5,000 or paragraph and also a clause requiring the subcontractors to include these imprisoned not more than two years,or both." clauses in any lower tier subcontracts.The prime contractor shall be 11.Complaints,Proceedings,or Testimony by Employees.No laborer or responsible for compliance by any subcontractor or lower tier subcontrac- mechanic to whom the wage,salary,or other labor standards provisions of for with the clauses set forth in subparagraphs(1)through(4)of this this Contract are applicable shall be discharged or in any other manner paragraph. discriminated against by the Contractor or any subcontractor because such C.Health and Safety employee has filed any complaint or instituted or caused to be instituted (1)No laborer or mechanic shall be required to work in surroundings any proceeding or has testified or is about to testify in any proceeding or under working conditions which are unsanitary,hazardous,or danger- under or relating to the labor standards applicable under this Contract to ous to his health and safety as determined under construction safety and his employer. health standards promulgated by the Secretary of tabor by regulation. B Contract Work Hours and Safety Standards Act.As used in this para- (2)The Contractor shall comply with all regulations issued by the graph,the terms"laborers"and"mechanics"include watchmen and Secretary of Labor pursuant to Title 29 Part 1926(formerly part 1518)and guards. failure to comply may result in imposition of sanctions pursuant to the Con- (1)Overtime requirements.No contractor or subcontractor contracting tract Work Hours and Safety Standards Act(Public Law 91-54,83 Stat 96). for any part of the contract work which may require or involve the employ- (3)The Contractor shall include the provisions of this Article in every ment of laborers or mechanics shall require or permit any such laborer or subcontract so that such provisions will be binding on each subcontractor. mechanic in any workweek in which he or she is employed on such work The Contractor shall take such action with respect to any subcontract as to work in excess of eight hours in any calendar day or in excess of forty the Secretary of Housing and Urban Development or the Secretary of Labor hours in such workweek unless such laborer or mechanic receives com- shall direct as a means of enforcing such provisions. HUD-4010(2-84) o� 10 Ole .�tµ� 2•2grt: iz ^2• \, i/ • -:��`� LTJ L \ �-F, \ ` Z ar., 1 i \ 5 \ .t: cl, r .� t r[4..E. I, N •. O 3` CCL NO+, f • ISN SEE SCC. NC '375 SIC SE: A' p'a ♦E_ G`5 02-04� 02-00J 02-Or5 "[ N C2-Ole �. r 4♦i \S O �'\t\ C. q l } t • _ F _ r _ ._.Z— .. _ 7 _ ION E SEE S'c \ C'] I qE,■qI 14 ti�f...,.,. e2' 0 COUTITY OF SUFFOLK SOUT►iCLp o„ N. '�-1--ul �,tl---1---� Rea; Plepe ty Tox Ser\•Ice A y uq., �•: v•• ore gear r,IL.GE OE �..,....� co.ol, -- - 069 - --- — _ �Drt7S,E2 ion 0 --___� l c t v M,r• 020.1 A=endic 1 DEPARTIyIENT CF HOUSING AND URBV4 DEVELOPMENT ,0aMr l Executive Order 11246, as emended EQUAL EMPLOYMENT OPPORTUNITY Executive Order 11247 10011 COORDINATION BY ATTORNEY GENERAL EQUAL ElMPLOYMENT OPPORTUNT = Executive Order 11=1 [30 F.R 12319-251 ' Under and by virtue of the authority vested in me as President of , the United States by the Constitution and statutes of the United Suites,it isordered as follows r PART I—NONDI9CHI3QNATION IN GOVERN zNT E.'rupwy-mMIT S--c. 101. It is the policy of the Government of the united States ' to provide equal opportunity in.Federal employment for all qualified persons, to prohibit discrimination in employment because of race, color, religion,sex or national origin, and to provide the full realiza- tion of equal employment opportunity through a positive, continuin program in each executive department and agency.The policy of eeqqualg opportunity applies to every aspect Of Federal employment policy and practice. Sm. 10.2. The head of each executive department and agency shall - establish and maintain a positive program of equal employment oppor- tunity for all civilian employees and applicants for employment within his virisdict.ion in accordance with the policy, set forth in Sectoin 101. SEc. 103.The Civil Service Corm ;ssion shall supervise and provide leadership and guidance in the conduct of equal employment oppor- tunity programs for the civilian employees of and applications for employment within the executive departments and agencies and shall review agency program accomplishments periodically. In order to facilitate the achievement of a model program for equal employment opportunity in the Federal service,the Commission may consult from time to time with such individuals. groups,or organizations as may be of assistance in improving the Federal program end realizing the obI'ectives oft, sPart. SEc. 104. The Civil Service Commission shall provide for the prompt, fair, and impartial consideration of all complaints of dis- crimination in Federal employment on 1,li,basis of race,color,religion, sex or national origin. Procedures fo:the consideration of complaints shall include at least one impar iii cevleW Wi41in the executive Q3pv+'�- • _ meat or agency and shall proride for appeal to the Civil Service Commission. = SEc. 105.The Civil Service Commission shall issue such regulations, orders,and instructions as it deems necessary and appropriate to carry out its responsibilities under this Part, and-the head of each executive department and agency shall comply with the regulations.orders, and instructions issued by the Commission under this Part. i 1 Amended by Executive Order 11373 of October 13. la67,3:Fed.Het• 14303. to prorlde .._ that tie program of equal employment opportonlq include prohibition ajauat dlacnmlaa- tlon on account of sex- Page 1 8020.1 Append-:t 1 PAsr II—NorrnlscRzwT.sxrro.r rr EurronaTr ar Gov_R.vMF.-(r CONTRACTORS AND SABCONTRAcrozs SUBPART A—DUTIFA or THE BECR=ART OT LABOR SEc.201.The Secretar7 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. BUBPART B--OON TRACTORS) AGRZZ'-M.N"rS Sze. 202. Except in contracts exempted in accordance with Section . 204 of this Order, all Government contracting agencies shall include in every Government contract hereafter entered into the following provisions: "During the performance of this contract, the contractor agrees as follows: "(1) The contractor will not discriminate against anyy 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 regard 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; layou or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employe and applicants for einployri Brit, notices to lig provided by the contracting or;icer setting forth the provisions of this nondiscr imation clause. "(2) The contractor will, in all solicitations or advertisements for- eaployees placed by or on behalf of the contractor,state that all quali- Aied applicants will receive consideration for employment without retard to race,color,religion, sex,or national origin. `(3) The contractor will send to each labor union or representative Of workers with which he has.a collective bargaining agreement or other contract or understandir,-,s notice,to be provided by the wency contracting officer,advising tin,labor union or workers' representative of the contractors'commitments under. Section%^?2 of Executive Order No. 11246 of September°4, 1965, and :hall post copies of the notice in conspicuous places available to employees and applicants for employ- ment "(t) 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 Septernber 1)4 1965,and by the rules, regulations, and orders of the Secretary of Lalor 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 inveetigation to ascertain compliance with.such rules,regulations,and ordem Page 2 , i 8020.1 Append___ 1 "(6) In the event of the contractor's noncompliance with the non- discrimination clauses of this contract or with anv of such rules,regu- lations, ep- lations, or orders, this contract may be cancellea, terminated or sus- . pended in chole or in part and the contractor may be declared ineli- gible for further Government contracts in accordance with procedures authorized in Executive Order 'No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No 11246 of September24, 1965, or by rule,re?u- lation, or order of the Secretary of Labor, or as otherwise provided by law. 1(7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pur- suant to Section 204 of Executive Order-\o. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any -T subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions includin; sanctions for noncom- Pliance: Provided. however. That in the event the contractor becomes involved in, or is threatened with. litigation with a subcontractor or vendor as a result of such direction by the cont.ractinZ agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.' SM 203. (a) Each contractor having a contract containing the pro- visions prescribed in Section 202 shall file, and shall cause each of his subcontractors to file.Compliance Reports with the contracting a;encv or the Secretary of Labor as may be directed. Compliance Reports `tt . shall be filed within such times and shall contain such information, as to Ulu practices, pc.:c:s, i.r^gT^ins, and employment policies, pro- grams, and employment statistics of the contractor and each sub- contractor, and shall be in such form, as the Secretary of Labor may prescribe. (b) Bidders or prospective contractors or subcontractors may be required to state whether they have participated in any precious 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 negociation 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 seen__s practices and policies affecting compliance as the jretarc of L:;,ur may prescribe:Provided.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 agencyshall refuse to furnish such information to the contractor, the contractor shall so certifv to the contracting agPncv as part of its Compliance Report and shall set forth what edorrs he has made to obtain such information. Page 3 I 8020..1 Appendix 1 (d) The contracting agency or the Secr^tary of Labor may direct that any bidder or prospective contractor or subcontractor shall sub- mit, as part of his Compliance Report, a statement in writing, signed by an authorized officer or agent on behalf of any labor union or any ab ncy referring workers or providing or supervisin' apprenticeship OF other training, with which the bidder or prospective contractor deals, with supporting information, to the effect that the signer's practices and policies do not discriminate on the grounds of race,color, religgiton,sea or national origin,and that the signer either will aturma- tirely 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 i order. In the event that the union,or the agency shall refuse to execute sfch a statement,the Compliance Report ihalf so certify and set forth what efforts have been made to secure such a statement and such a.ddi- _ tional factual material as the contracting agency or the Secretary of Labor ay require. ry of Labor may, when he deems that special SEC. 201. The gecretacircumstances in the national interest so require,exempt a contracting agencv from the requirement of includinc,any or all of the provisions of Section 202 of this Order in any specine contract, subcontract, or purchase order. The Secretary of Labor may, by rule or re2uia- tion, also exempt certain classes of contracts, subcontracts, or pur- chase orders (1) wh;never work is to be or has 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) im•olvinz less than specified amounts of money or specified numbers of ivorlf ers; or (4) to the extent that they involve subcontracts beiow a specined tier. i he Secretary of Labor may also provide, by rule, regulation, or order, for the exemption of facilities of a contractor which are in all respects separate and distinct from activities of the contractor related to the performance of the contract: Provided,That such an exemption will not i-ntvrfere with or impede the effectuation of the purposes of this Order: A71d providedfurther,That in the absence of such an exemption all facili- ties shall dye covered by the provisions of this Order. SUBPART O—POWFTS A'XD DUTMS OF THE SECRETARY OF LABOR AYD THE 00'T7 XCPI\O ACE-VCEW SEc. 203. Each contracting agency shall be primarily responsible for obtaining compliance with the rules, re;*ulations.and orders of the Secretary of Labor with respect to contracts entered into by such agency or its contractors. All contracting s�encies shall comply with the rules of the Secretary of Labor to discharging their primary responsibility for securing compliance with the provisions of con- tracts and otherwise with the terms of this Order and of the rules, regulations, and orders of the Secretary.of Labor issued pursuant to this Order. Thev are directed to cooperate with the Secretary of Labor and to furnish the Secretary of Labor such information and assistance as he may rt-quire in the performance of his functions under this Order. They are further directed to appoint or designate, from Page 4 8020.E Appendix 1 among the agency's personnel, compliance officers. It shall be the duty of such officers to seek complimance with the objectives of this - Order by conference, conciliation, ediation, or persuasion. SEC.206. (a) The Secretam pf Labor map inveo-tigate the employ- ment practices of any Government contractor or subcontractor,or Ini- tiate such investigation by the appropriate contracting agencv, 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 investiCatinz agency shall report til the Secre- tary of Labor any action taken or recommended. (b) The Secretary of Labor may receive and investigc.te or cause to be investigated complaints by eniplovees or prospective employees of a Government contractor or subcontractor which allege discrimina- tion contrary to the contractual provisions specified in Section 20`? of this Order. If this investigation is conducted for the Secretary of Labor by a contractin a(.rencv, that agency shall report to the �xen taoen or is recommended with regard Secretary what action has to such complaints. SEC.207. The Secretary of Labor shall use his best efforts, directly and through contracting agencies, other interested Federal, State, and local agencies,contractors, and all other available instrumentalities to cause any labor union engaged in work under Government contracts or anyagency referring workers or providing or supervising appren- ticeship or traininL• for or in the course of such work to cooperate in { the implementation of the purposes of this Order. The Secretary of • Labor shall, in appropriate cases, notify the Equal Employment vi l rt . ( -.. D^_i'arrmont of Ju:ti '. or oth* anpIO- prtate Federal agencies whenever it has reason to believe that the practices of any such labor organization or agency violate Title VI or e VII of the Civil Rights _pct of 1964 or other provision of Fed- eral lay. SDC. 203. (a) The Secretary of Labor, or any agency, officer, or employee in the executive branch of the Government designated by rule, regulation, or order of the Secretary, may hold such-hearings, public or private,as the Secretnry may deem advisable for compliance, enforcement, or educational purposes. (b) The Secretary of Labor may hold, or cause to be held,hearings in accordance with Subsection (aj of this Section-prior to imposing, ordering, or recommending the imposition of penalties and sanctioi,s under this Order. No order for debarment o? any contractor from farther Government ronrrac;s under Section 209(aj(6) shall be made without atlording the contractor an opportunity for a hearing. • MBPAIrr D—S.%NCTIo-,s AND rE\ALTIES , 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 uompiv with the provisions of this Order or of the rules, regulations, and orders of the Secretary of Labor. Page 5 8020.1 Appendix i (2) Recommend to the Departmer-t of Justice that in cases in which there is subs tntial or material viblation or the three. of sub- stantial or material violation of the contractual provisions set forth in Section 202 of this Order, appropriate proceedings be brought to enforce those provisions, irv�luding the enjoining, within the limita- tions of applicable law, of organizations, individuals, or groups who prevent directly or indirectly,or seers 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 Justice that appropriate proceedings be instituted under Title VII of the Civil Rights Act of 1964. (4) Recommend to the Department of Justice that criminal pro- ceedings be brought for the furnishing of false information to any con- tracting agency or to the Secretary of Labor as the case may be. (5) Cancel,terminate,su-pend,or cauae to be canceled, terminated, or suspended, any contract, or any portion or portions thereof, for failure of the contractor or subcontractor to comply with the non- discrimination provisions of the contract. Contracts msv be cancelled, terminated, or suspended absolutely or continuance of contrails may be conditioned upon a prop am for future compliance approved by the contracting agency. (6) Provide tliat any contracting a,,ency shall refmin from enter- ing into further contracts, or extensions or other modifications of existing contracts, with any noncomplvino contractor, until such con- tractorJhas satisfied the Secretary of 1,a or that such contractor has establisi:ed and will carry out personnel and employment policies in compliance with the provisions of this Order. (b) Under rules and regulazions prescribed by the Secretary of Labor, each contracting a,pence shall make reasonable ei orts within a reasonable time ihnitauun W s.�cuie czaanpl:a.nca wl'!'. the sontra^_t provisions of this Order by methods of conference, conciliation, meth- ation, andersuas on l�tore 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. Sac. 210. Anv contracting agency taking any action authorized.by this Subpart, v�het.her on its oRn motion, or aspdirected by the Secre- tary of Labor, or under the rules and regulations of the Secretary, _ shall pro,:iptly notify the Secre-.ary of such adttion. Whenever the Uacretary of Labor make p. determination under this section, he shall promptly notifv the appropriate contracting agency of the action recommended. The agencv shall take such action and shall report the results thereof t.-) =he Secretary of Labor within such time as the Secretary shall specify. SEc. 211. If the Secretary shall 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 Lsbor or,if the Secretary so authorizes, to the contractins ag-eney. Src. 212. Whenever a contracting agencv cancels or terminates a contract, or whenever a contractor has been debarmd from further Pa,e 6 8020.1 Appendix 1 Government contracts, under Section 209(a) (6) because of noncom- pliance with the contract provisions with regard to nondiscrimination, the Secretary of Labor, or the contracting agency involved, shall promptly notify the Comptroller General or the United States. Any such debarment may be rescinded by the secretary of Labor or by the contracting agency which imposed the sanction. BUWAET E—CEM1FICAT'-•8 OF xm= SEC. 213. The Secretary of Labor may provide for issuance of a United States Government Certincate of Merit to employers or labor unions, or other agencies which are or may hereafter be en¢aeed in work under Government contracts, if the Secretary is satis$ed chat the personnel and employment practices of the employer, or that the personnel, training, apprant,.ceship, membership, grierance 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 the judgment of the Secretary, has failed to comply with the provisions of t1iis Order. SEC.215. The Secretary of I:abor may provide for the exemption of any employer, labor union, or other agency from any reporting requirements Imposed under or pursuant to this Order if such em- ployer, labor union, or other agency has been awarded a Certificate of Merit which has not been suspended or revoked. t s , PART T11—NIO`MIECIUMI AM PROVISIONS Lr FEDMALLY AssISI-iD CONS-MUCTION C`O.N ,ACT9 SEC.301. Each executive department and agency which administers a program involving Federal financial assistance shall require as a condition for the approval of any grant, contract, loan, insurance, or guarantee thereunder, which may involve a construction contract,that the applicant for Federal assistance undertake and agr°e to incorpo- rate, or cause to be incorporated, into all construction contracts paid for In whole or in part with funds obtained from the'Federal Govern- ment or borrowed on the credit of the Federal Government pursuant to such grant, contract, loan, insurance, or guarantee, or undertaken Pursuant to any Federal program involvine such grant,contract,loan, insurance, or guarantee, the provisions prescribed for Government contracts by Section 203 of this Order or such modification thereof, ' •prime.:ing in substance the contractor's obligations thereun&r,as may be approved by the Secretary of Labor, tog�ther 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_-o obli- gations. Each such applicant shall also undertake and agr_•e (1) to assist and cooperate actively with the administering department or agency and the Secretary of Labor in obtaining the com-pliance of con- tractors and subcontractors with those contract provisions and with the rules, regulations, and relevant orders of t;o Secretary, (2) to obtain and to furnish to the administering department or agency and ?aee 7 f,y 8020.1 pppeny:. 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 contradtors and subcontractors by the Secretary of Labor or the administering department or agency pursuant to Part II, Subpart D, of this Order, and (4) to refrain from entering into any contract subject to this Order, or extension or other modification of such a contract with a contractor debarred from Government contracts unde Part II, Sub- part D, of this Order. SEC. 302. (a) "Construction contract" as used in this Order means any contract for the construction rehabilitation, alteration, conger- 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 contract_, and for purposes of such application the ad- ministering department or agency shall be considered the contracting agency referred to therein. (c) The term "applicant"as used in this Order means an applicant for Federal assistance or. as determined by agency reg lation, other program participant, with respect to whom an application for any grant, contract, loan, insurance. or guarantee is not finally acted upon prior to the effective date of this Part, and it includes such an applicant after he becomes a recipient of such Federal assistance. 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 azenev 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, ternunate, 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 sati=factory assurance of future compliance has been received from such applicant; and (3) refer the case to the Depart- ment of Justice for appropriate legal proceedings. (c) A_ny action with respect to an applicant pursuant to Subsection b) shall be taken in conformity with erection 602 of the Civil Rights ct of 164 ka nd 6%e regulations of the administering* department or- agency issued thereunder), to the extent applicable. In no case shall action be taken with respect to an applicant pursuant to Clause (1) or (2) of Subsection (b) without notice and opportunity for hearing. before the administering department or agency. SEC. 304. Any executive department or agency which imposes by rule, regulation, or order requirements of nondiscrimination in em- ployment, other than requirements imposed pursuant to this Order, may delegate to the Secretary of Labor by agreement such responsibili- ties with respect to compliance standards, reports, and procedures as p 7e 4 r. C. .►' '� , I) I • 8020.1 xppenayx 1 would tend to bring the administration of such requirements into con- formity with the administration of requirements Imposed under this Order: Provided, That actions to effect compliance by recipients of _ Federal financial assistance with requirements Imposed pursuant to Title VI of the Civil Rights Act of 1964 shall be taken in conformity with the procedures and limitations prescribed in Section 602 thereof and the regulations of the administering department or agency issued thereunder. PART IV—MISCELLANEOUS Sec.401. The Secretary of Labor may delezate to anyofficer,agency, or employee in the Executive bran&of the Government, an7 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. Ssc.4-02. The Secretary of Labor shall provide administrative sup- port for the execution of the program known as the "Plans for Progress." Sm.403. (a) Executive Orders Bios. 10590 (January 19, 1955), 10722 (August 5,1957),10925 (IM arch 6, 1961),11114 (June 22,1963), and 11162 (July 29, 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, r instructions, designations, and other directives issued by the Presi- dent's Committee on Equal Employment Opportunity and tho5e issued by the heads of various Lie hartmanw or ag,:n :--- u^d^ Cr any of the Executive orders superseded by this Order, shall, to the extent that they are not inconsistent with this Order, remain in full force and effect unless and until revoked or superseded by appropriate authority. References in such directives to provisions of the super- seded orders shall be deemed to be references to the comparable provi- sionsof 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. Sec. 405.This Order shall bacome effective thirty days sfter the Sats of this Order. Lrxporr B.Jomiso-r. T*HE Wii=H0V3E. September 2,1,1965. Page 9 rit: awn., 0. C. s 8020.1 Append—Lc 1 COORDINATION BY ATTORIN-EY GE.;E:;AL Executive Order 2].247 • .130 F.P. 123271 PROVIDI:iG FOR THE COORDINATIOI BT TSE ATTOR,%my GE.iERAL of ENrORCLUE\T of TITLE VI OF THE CrVIL RIGHT$ ACT OF 1954 • Whereas the Dena-`inents and agencies of the Federal Government have adopted unif'or m and consistent regulations implementing Title VI of the Civil Rishts Act of 1964 and, in cooperation with the Presidents Council on Equal Opportunity, 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 mercies under that Title will be predominantly legal in character and in many cases will be related to judicial enforceiisent:and Whereas the attorney Generai is the chief law officer of the Federal Government and is charged the duty of enforcing the laws of the United States: Now,therefore, by virtue of the authority vested in me as President of the united States by the Constitution and laws of the United • States,it is ordered as 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 respect to the enforcement of Title VI of the Civil Rights act of 196.1.•He may promulgate such rules and regulations as lie shall deem neces- sary to carry out his functions under this Order. F.C. 2. Each Fe,largl d ant.ment and a..-`.ncy sten, v rate with the Attornev General in the performance of 'ris functionunder this Order and shall furnish him such reports and information as he may request. SEc. 3. Effective 30 days from the date of this Order, 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-. (erred to the Attorney General. Ir SEc. 4. All rules, re•Mations, orders, instructions, designations and other directives issueg by the President's Council on Equal Oppor- tunity relating to the implementation of Title VI of the Civil iht Act of 1964 shall remain in full force and effect unless and until revolted or superseded by directives of the Attorney General. THE WHITE Horsr- LY-NDox B. Joxtisos. Bept&mber 24, 1965. V. S.-CQVrRS]t CVT PR0rTC4C OFFICE!JS70 O•396-319(97) bi I.65S i Page 10