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Home My WebLink AboutAsphalt Surface - Mattituck Parking FieldJUDITH T. TERRY TOWN CLERK REGISTRAR OP VITAL STATISTICS Ile" Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516)765-1801 - September 21, 1983 Mr. Paul Corazzini, President Corazzini Brothers Inc. Route 25 Greenport, New York 11944 Dear Paul: The Southold Town Board at a regular meeting held on September 21, 1983 accepted your bid for the Asphalt Surface at the Mattituck Parking Field. Before proceeding further, the Board would like clarification on the following: price per lineal foot for the asphalt curbing, and price per lineal foot for the Cobble Block curbing. Very truly yours, Judith T. Terry Southold Town Clerk 114 Town Hall, 53095 Main Road j P.O. Box 728 Southold, New York 11971 JUDITH T. TERRY TOWN CLERK ` TELEPHONE - REGISTRAR OP VITAL STATISTICS OFFICE OF THE TOWN CLERK (516) 765-1801 TOWN OF SOUTHOLD September 21, 1983 Mr. Earle W. Couch, Vice President Lizza Industries Inc. 15 Remsen Avenue P. 0. Box 325 Roslyn, New York 11576 Dear Mr. Couch: The Southold Town Board at a regular meeting held on September 20, 1983 accepted the bid of Corazzini Brothers Inc. for the Asphalt Surface at the Southold Town Parking Field at Mattituck, New York. Thank you for your bid on this project. Very truly yours, Judith T. Terry Southold Town Clerk September 21, 1983 Mr. Gary Swanander, President South Fork Asphalt Corporation Springs -Fireplace Road Drawer 2028 East Hampton, New York 11937 Dear Mr. Swanander: The Southold Town Board at a regular meeting held on September 20, 1983 accepted the bid of Corazzini Brothers Inc. for the Asphalt Surface at the Southold Town Parking Field at Mattituck, New York. Thank you for your bid on this project. Very truly yours, Judith T. Terry Southold Town Clerk �s Town Hall, 53095 Main Road _4/i, " P.O. Box 728 Southold, New York 11971 JUDITH T. TERRY <: TOWN CLERK TELEPHONE REGISTRAR OP VITAL STA "t"IST'ICS OFFICE OF THE TOWN CLERK (516) 765-1801 TOWN OF SOUTHOLD September 21, 1983 Mr. Gary Swanander, President South Fork Asphalt Corporation Springs -Fireplace Road Drawer 2028 East Hampton, New York 11937 Dear Mr. Swanander: The Southold Town Board at a regular meeting held on September 20, 1983 accepted the bid of Corazzini Brothers Inc. for the Asphalt Surface at the Southold Town Parking Field at Mattituck, New York. Thank you for your bid on this project. Very truly yours, Judith T. Terry Southold Town Clerk John M. Duffus, President J. W. Duffus Contracting, Inc. Site and Landscape Development 500 D. Jericho Turnpike Middle Island, New York 11953 Dear Mr. Duffus: The Southold Town Board at a regular meeting held on September 20, 1983 accepted the bid of Corazzini Brothers Inc. for the Asphalt Surface at the Southold Town Parking Field at Mattituck, New York. Thank you for your bid on this project. Very truly yours, Judith T. Terry Southold Town Clerk Town Hall, 53095 Main Road P.O. Box 728 :- Southold, New York 11971 JUDITH T. TERRY TELEPHONE Towne CLERK REGISTRAR oP VITAL STA I ISTICS OFFICE OF THE TOWN CLERK (516) 765-1801 TOWN OF SOUTHOLD September 21, 1983 John M. Duffus, President J. W. Duffus Contracting, Inc. Site and Landscape Development 500 D. Jericho Turnpike Middle Island, New York 11953 Dear Mr. Duffus: The Southold Town Board at a regular meeting held on September 20, 1983 accepted the bid of Corazzini Brothers Inc. for the Asphalt Surface at the Southold Town Parking Field at Mattituck, New York. Thank you for your bid on this project. Very truly yours, Judith T. Terry Southold Town Clerk 6 JUDITH T. TERRY TOWN CLERK REGISTRAR OP VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 _ September 21, 1983 John T. Montecalvo, Inc. 48 Railroad Avenue Center Moriches, New York 11934 Gentlemen: The Southold Town Board at a regular meeting held on September 20, 1983 accepted the bid of Corazzini Brothers Inc. for the Asphalt Surface at the Southold Town Parking Field at Mattituck, New York. Thank you for your bid on this project. Very truly yours, Judith T. Terry Southold Town Clerk Frapasal Page No. of Pages CORAZZINI BROTHERS INC. Route 25 GREENPORT, NEW YORK 11944 477-1027 734.5824 PROPOSAL SUBMITTED TO PHONE DATE Town of uth ld I Sept. 8, 1983 STREET State Road #25 JOB NAME Southold Town Parking Field CITY, STATE AND ZIP CODE Southold, N.Y. JOB LOCATION at Mattituck ARCHITECT DATE OF PLANS JOB PHONE _ Timothy R. Rumph June 5, 1083 Plan S-1-2 We hereby submit specifications and estimates for: To supply all necessary material, equipment and labor for the paving wnd curbing at the proposed Southold Town Parking Field at Mattituck. Installation of Asphalt Curb ff " Installation of Cobble Block CJurb� o© w, Instalk ation of Asphalt Paving per sq. yd. . 7,9 We f ropooe hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: dollars ($ ) Payment to be made as follows: All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifica- Authorized �_ Z-1 L. tions involving extra costs will be executed only upon written orders, and will become an Signature Rltft e2 -4-6— Is extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Note: This proposal may be Our workers are fully covered by Workmen's Compensation Insurance. withdrawn by us if not accepted within days. Arrep#unrit j t ropostd—The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized Signature to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Signature FORM 118 COPYRIGHT 1960 • NEW ENGLAND BUSINESS SERVICE, INC. GROTON, MASS. 01450 J W Duffus Contracting, Inc. BID BID September 8, 1983 Judith T. Terry, 'Town Clerk Town of Southold Town Hall Main Road Southold, New York 11971 RE: Sealed Bid for Mattituck Parking Lot. Paving and Landscaping Item Unit Price Total Price Paving 1- Installation of Asphalt Curb $3.10per l.f $ 5766.00 Based on 1,860 l.f. Paving 3- Installation of paving as shown on plans. $7.46 per sq. yds. $ 38,978.50 Based on 5,225 s.yds. Landscaping -1 Lump Sum $ 9,750.00 Paving (curb) Alternate price for Cobble Block Curbing -2 $ 5.10 per l.f. Based on 1,860 L.F. V ry truYPres. :EAI,John M Duf 00 Site and Landscape Development 500 D Jericho Turnpike Middle Island New York 11953 516-698-6788 $ 9486.00 I i A B. Date: September 8, 1983 • Project i;o • Mattituck ----------------- • Location: Town of Southold STAM_^_ii 0. CO,,,I?* i;;C^ Traininz, u1o:-ect Ind rortr, t_ for zus_ne se •,. ^a CvZcµu_- ,t+_Es The project assisted under(..-.. ' �t.,.en_ re uire=.ents o" sectic.., `= --=zt) is subject to the asq ,, i s__tic:7 o. ..ae Housing and 'r an Deli zm ` .i g L .7 O L a.:. a..e_, 2 J.S.C. 17 Section a� pct o;• _,c3 y y �• on reg �� r'�S v.•at t� t ie QTe_� ' extent, f easi..le orporru.^:ties :ort - west jIICO%e reSiCECtS OI' ti18 ^,r0 '� -'•5 a^.d E.^J?Qy^:ent be g --4-,r_ _C4i?2• with the pro;;g.t C@ z:2r^ i a COTtracts :or work in ccn eC-'_C:I '�' to bLs�ess ccrce_ns which are located i:: Vcr = oz,-aed is subsea_^.tial g, ••; by : er scns residing . t -he area of the project. 1T04--_,.hst1nc.-- any other �ro..s_ •.j l L ��,i t) + -T Gn GL this (contr=cy rOC 1 1 C.�...•Z (__�� •-_.n 60 r::.°._1 a --_r 4 4{. y• (ate re..�iv )' the out ,,,.e Prov:s_G;:, o. said sec V=en. 3 he a.*1 t re� t' OnS issued �arsuant thereto f ` $2 in 24 ( 3 ° b � :e cretar•- set f - C:� =35 (published in e - _ � � � J =cera and a ave?�caole es and tier = -==ster 25G_n, cctcoer 2, ? to o :e Sec_ the exec', o_' t'.:is (co--. L o r'• � -era_, issue+ tcer _ e,- ••..r�Y r _(a-wee=_n`) • The recu__ �.. ='gLllat_O:':S 1nClune Dt:� 2rE ^? :to V _ • •-=..^.tS O. :a:G of = not �_ as to _evelo-_ert _ z,7 a �::-:-_ ' •: e acticn - • -- and or c»: a n _uz ,s_;ai_io_ VUzln_ss conces ;s VL1C •_ _ aGns re ; d4:,= trai"4 e ? as de _ ?"_ C l `.:.E r� • --_ _ _ ..�) �_O'.=':Eat �'la "..S�Yo+ c__� • '„ y.,_ ss cpnor �.r-a" es reciirec ' s_ct- cr - ... c_ t::= sec =ea ? clause" r cf - •• z._ the ?at' e spec_e c,r SeGt;o l., e regu_ _ons =.^. all cG�=-a^� n - ( s _ cr :tori: �n ccn- e � . The _ • .: t) ` - ct:cn w -_t:7 the pro j eGt yap?'�ca_::)(rec:-cert__�_s and agree th a irac,.ual or of er disa�il. agrees at it _s ur._er no ccn- - these require -7e -,Its. �J ". 6:7',;} i �''p:'Ent 4t frC� C. Ccnplia.^.ce w4"h tae tr , -s ^ 24 C _ o r_sic. c. secticn 3 the r :lations set forth Ft� 'ry _35, c_^.0 S11 a it C_Ji ? :.:les an4- Or�?ErS 0" + ,o ,. _.. thereunder prier y alp^o`:-, i . Sec_et j c Vo _- -- % e C-0Ter=ent o. y e ri; t ._ _d 8g on�C.. ) (CGn era • �) 5.�.=� 1 ? a ; the a : _-C• -G.n. f �r ance provided `VTC_ 1Gn O. ^.e Federal = ^.Gil um -c- a_ :� _ successors and assigns. =a' `^`, �, �tVe (applicanti(r�c��_e:a), _os ,� tie Ye �• .a (_ �o .1.Li1� ese re^uire�erts+sas?? end 2SS. .b�� • .Qr V c:id Joyy.. to�ir • �G - _ O V •e sanc ic=z S7eV- -. .f;'1 L• sanctions as are sreci: f g ) (cont: aco) e;... to such ied by 24 C.""tr Section CCapanY Na=e• J.W. Duffus Contracting Inc. Adc;ress• P•0• Box 426, Middle Island, N.Y. 0:'f ficial John M. Duffus I:G=!/r cs 6-14-74 1- .i CONTRACTOR'S SECTION 3 PLAN 1 - Name of Firm J.W.Duffus Contracting Inc-. Address P.O. Box 426, Middle Island, New York 11953 Phone 698-6788 2 - Project Name/Description Mattituck Parking Lot Paving Project Location Town of Southold Please use additional sheets if needed. 3 - Employment a - Do you expect to hire any project area residents? x Yes "d0 b - If yes how many? Trainees documented evidence ofgood Skilled Employees faith effort to hire(2) Total 2 c - What organizations, if any, from th'a attached list do you intend to notify? Dept. of'Housing & urban Development Sub -contractors on NYS Dot Approved Minority List in Town of Southold d - What publications will you use for employment notices? r Town Clerk's Bulletin Board Suffolk Times • ATTACHMENT 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 employment of loi-moderato income persons. i- List of project area businesses. A "' - { majority of work to be done on this contract will be done by our own staff o$ employees, which -presently consists of 4 hispanic and'3 white employees. The majority of this firm are minorities in the labor field. A diligent effort will be made to hire local residents, sub -contractors and vendors to supply materials and labor to complete this, project �. Our -firm presently sub -contracts a third of our work to a female owned firm. 4 - Subcontractors a - Do you expect to use project area businesses as subcontractors or vendors? x YES NO b - If yes how many? unknown c = What businesses, if any, from the project area will you request bids from? Sub -contractors NYS Dot Approved minority List Plan prepgred by John M. Duffus Name September 8, 1983 Date President Position . • TRAINEE UTILIZATION' I'1 AN 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 NXJE: J.W. Duffus Contracting Inc. ADDRESS: P.O. Boz 426, Middle Island, New York 11953 TELEPHONE: PROJECT NAME: ADDRESS: (516) 698-6788 Mattituck Parking Lot Paving Town of Southold t1- Total number of trainees to be utilized on this project? Please list by work category. -- # OF TRAINEES WORK CATEGORY unknown 2- Total number of trainees currently on your permanent work force? Please l;st by work category. # OF TRAINEES WORK CATEGORY none 3- Total number o'F trainees currently to be recruited and hired from the project area? # OF TRAINEES WORK CATEGORY unknown September 8, 1983 DATE XY John N. Duffus, President C 1PANY OFFIC L'S SIGi;ATURE AN'D TITLE S L ED EMPLOYEE UT 11. L.I./:1T (((fit f'►_ This form is to be submitted with the Mont!rly Fmployment Utili7a Lion Report (SF 251}. If more space is needed please continue on Cher side of page. CONTRACTOR'S NAi•IE: J.W. Duffus Contr.icting Inc. ADDRESS: P.O. Box 426, Middle Island, New York TELEPHONE: (516) 698-6788 PROJECT NA,"•1E: Mattituck Parking Lot Paving ADDRESS: Town of Southold 1- Total lumber of skilled employees to be utilized on this project? Please list by work category. # OF SKILLED EMPLOYEES WORK CATEGORY unknown at this time 2- Total Number o; skilled employees currently on your permanent work force? Please list by work; category. # OF SKILLED EIPLOYEES WORK CATEGORY 4 Hispanic laborers 1 white operator •2 If laborers 3- Total Itumber of skilled employees currently to be recruited and hired from the project area? # OF SKILLED EMPLOYEES WORK CATEGORY unknown at this time will make an effort to hire employees from project area A / John M. Duffus, President September 8, 1983 1'1 DATE OMPANY OFF IAL'S SIGNATURE AND TITLE CONTRACTING OPPORTUNITIES FOR i1IP;ORiTIES AND FEi1ALES NAME OF PROJECT: Mattituck Parking Lot Paving PROJECT NUMBER: Mattituck MUNICIPALITY: Town of Southold COMPANY NAME: J.W. Duffus contracting Inc. ADDRESS: P.O. Box 425, Middle Island, Newii,York 11953 TOWN, STATE, ZIP - SIGNATURE: TITLE: Pre ident DATE: September 8, 1983 PERIOD OF CONSTRUCTION: FROM unknown TO: unknown month/year month/year Is your company minority or female owned? yes l I no x Is your company subcontracting any part of this contract, to a minority or fe'rale owned business?" yes I xj no I_I If you answered yes to either question above, please check each box that applies to your company- Male ompany-Male Female r_X1 Black Hispanic CI , Native American other r7 specify Amount of Contract $ unknown Check each box that applies tc your sub -contractor male female black Hispanic ri Native American M other rj specif, Amount of Subcontract $ SOUTH FORK ASPHALT CORPORATION September 7, 1983 Judith T. Terry, Southold Town Clerk Town of Southold Suffolk County, New York Re: Bid for Asphalt Resurfacing at Town Parking Field Mattituck, New York Town Board Members: The following is our bid for the paving at the above referenced site. 1. Asphalt paving 5,225 square yards @ $8.50/sy = $44,412.50 2. Asphalt curbing 1,800 lineal feet @ $3.00/lf = 5,400.00 TOTAL BID PRICE $49,812.50 Alternate for Belgian Block curbing Add $2.00/lf for 1,800 lineal feet NET ADD 3,600.00 SOUTH FOR ASPHALT CORP ATION Gar Swanand err President (516) 324-1245 SPRINGS -FIREPLACE ROAD DRAWER 2028 EAST HAMPTON, NY 11937 law SOUTH FORK ASPHALT CORPORATION September 7, 1983 Judith T. Terry, Southold Town Clerk Town of Southold Suffolk County, New York Re: Bid for Asphalt Resurfacing at Town Parking Field Mattituck, New York Town Board Members: The following is our bid for the paving at the above referenced site. 1. Asphalt paving 5,225 square yards @ $8.50/sy = $44,412.50 2. Asphalt curbing 1,800 lineal feet @ $3.00/lf = 5,400.00 TOTAL BID PRICE $49,812.50 Alternate for Belgian Block curbing Add $2.00/lf for 1,800 lineal feet NET ADD 3,600.00 SOUTH FOR ASPHALT CORP ATION Gar Swanand err President (516) 324-1245 SPRINGS -FIREPLACE ROAD DRAWER 2028 EAST HAMPTON, NY 11937 NON -COLLUSIVE CERTIFICATION Section 103-d General Munici al Law (a) By submission of this bid, each bidder and each person signing on behalf of any bidder, certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury; -that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; (2) Unless otherwise required by law; the pricwhich have been quoted in this bid have not been knowinglyedisclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening directly or indirectly, to any other bidder or to any competitor; and (3) No attempt has been made or will be made to induce any other person the bidder partnership or corporation ration to ,submit or not to submit a bid for the purpose of restricting Competition." DATED: 3 (CORPORATE SEAL) Signature of individual bidder FOR C( BY_L4 'O TION USE: l TITLE CONTRACTOR'S SECTIOrJ 3 PLAN 1 - Name of Fi rm Saq 7L( CR k- ASPM' A-1-'r- Address -1-'rAddress bIfA,.oe e. R /71,04 v y . Phone -70 s/6 %O 2 - Project Name/Descri*ion Project Location Please use additional sheets if needed. 3 - Employment a - Do you expect to hire any project area residents? Yes v -10 b - If yes how many? Trainees Skilled Employees Total • c - What organizations, if any, from the attached list do you intend to notify? d - What publications will you use for employment notices? f � a 4 - Subcontractors a - Do you expect to use project area business es • subcontractors or vendors? YES b - If yes how many? c'= What businesses, if any, from the project area will you request bids from? Plan prepi(red by .Si` • 7, /'737-3 Da te 9S- Date • 0. CONTRACTING OPPORTUNITIES FOR MINORITIES AND FEMALES NAME OF PROJECT: PROJECT NUMBER: d ,� MUNICIPALITY: COMPANY NAME: . ADDRESS: TOIAN, STATE, ZIP: SIGNATURE: TITLE: DATE: Ae-3 PERIOD OF CONSTRUCTION: FROM TO: 7,-)c-,7 mo year month/year f'?_ t� Is your company minority or female owned? yes no I -V, -r" Is your company subcontracting., any part of this tract, to a minority or female owned busi nass? yes �_, no jr - If you answered yes to either question above, please check each box that applies to your company: Male Female M Black Hispanic =1 Native American Q other M specify Amount of Contract $_ ` p v (�:!" �- Check each box that applies to your sub -contractor male female black Hispanic Native American M other " specify Amount of Subcontract $ MATTITUCK PARKING LOT PAVING SPECIFICATIONS A. SUBBASE COURSE Bank run sand shall be used where topsoil was removed to a depth greater than 811. The sand shall be uniformly placed and rolled with a Ten Ton Roller to remove all soft spots. A layer of bank run clay mixture (marl) shall be uniformly placed so that after thorough rolling and compacting with a ten ton roller a minimum depth of 6" is obtained. All work regarding the subbase shall be done by Town of Southold Highway Department. B. BASE COURSE Upon a compacted subbase a layer of Bituminous concrete (Bank Run Plant Mix) shall be uniformly placed so that after thorough rolling and compacting a minimum thickness of 3" is obtained. The subbase immediately before the basecourse is placed, shall be compacted with a ten ton roller the subbase shall not be in a muddy or frozen cond- ition. The spreading of the base course shall be by means of a self propelled spreader after base course has been laid down it shall be thoroughly rolled and compacted with a ten ton roller. The thickness of the base shall be determined by a method directed by Landscape Architect upon completion by Contractor. Work shall not proceed until inspection by Landscape Architect and approvals given. C. ASPHALT SURFACE COURSE Upon a compacted base course a surface wearing course (Top) asphalt concrete type lA plant mix shall be placed. The asphalt surface wearing course shall meet the require- ments of the New York State Department of Public Works specification. Item No. 51F - Type lA Top and shall have a minimum thickness of 12". GENERAL NOTES All rough grading, tree removal and other site preperation to be done by Town of Southold Highway Department, at the . direction of Landscape Architect. Also, Southold Town Highway Department shall install all drainage structures. Landscape Architect shall determine all proposed elevations (including drainage structures and parking area.) Any omissions or errors shall be brought to� the attention of Landscape Architect in writing. Removal of existing structure is the responsibility of the Town of Southold. Installation of new concrete curbs, sidewalk to be accomp- lished by the Town of Southold. Striping of parking area shall be done by the Town of Southold Highway Department. I:JUMV16310D The following items shall be included in bid. 1. Installation of Asphalt Curb. � 2. Alternate price for installation of cobble block curbing.4,5-b /"".4.r. 3. Installation of paving as shown.(persq. yd. price) ;,Do v.7 . , 1 f7'"A'r ti • Bate: i Project Locatior• for Sus: _s_es A. T`,e pro;;ect e'_.. ect _o the•T's e - .=^ts cf e- -e asur L2. 1CS :.0 O. zr nye_, _ u.5. 17,01Ii. extent fens=b_2 c?c_. �._r_es :er-t. - `�-_ - incc=e res?_e:-,s o_- t- _-?rr.7 a ^-^� c�.``E^�_Oj-2.".`.^i.e r ` .,or e - `re �.r ccCw Cts f� i^-� :n c: -2 -Irith. the _o S:ness cc: cerns ::..-L _:. 're 1 - in cr - ersc cc - ns _ esazea c: Z :e _ c B. h t _.�__ _ 8 O :,i��::s�Z^ ':- _ - ^.� 0�::2_ _ , .:e ov_J� s c_ ., Sec_.,. and • the p��, _C .J _sJ•�e'{ J. r_�.. '� ,...- �.. ^Jy . l^^�-.^�.n-`�oL` _ v^_ _�__ 'J In 24T _ - &-nd all ccc• _J� = ^�_ =S'c r Or - r -•J, 1 J2= G �, t0 a: � _ _ ..^_- •_� - mac_ T _..J.ISO � :^_ ?1:....-'_” rc: �_cn., _•.___, e c:.s are ac: Of e -n a:.__...---ic ac c7 _c_ - - _ _�_-- --- - or o.r:e4-_- _ s ,caces..s ? _ -_ C_ *icer--- C:-. `.r v -e II se _ C_ 1 _ . ^_ _ r c,r the re�s_��_.:s ; =_cts --- _- The (a? ?7 cam--) (= ==- -===-) cert--- _ .Y:. ?_ trzctLair -o- -s `=• a3rees ;`_t t _s un -e: ^_c c or cs.. _ c_szh_--=� . -neve nt it these _ecure_ e_^• -s, C. CC'S!==Ce y:2.r- _._v-_Jecr-_.a 2+ c:•a1_ �. t e re"c^S-S2- Cr -h -rCcrer_ o: ,. :c Sec: t"'Cretz:'--2 ?r__• to ZS_�:.2 C:•. � "^- O: Z_. _ (Eo• a^__ .. ) • :r , gra= ) 5 O:T C-- 5^ -_ Sl:ce T•o'._`-A7�O --,-e_CZ..- ;/..00J- SuccelsOr5 =._ CS r:C-2 __ tti,o (�Y;�'.:C_..r)�r:��J7?r-i1 .�e�.. .... ?:•..v: ..r e•:C. Ju\.-_-r_r_.r •�., �V-. JvzJ, he S :,C _O_. _ _ :� 'p •r -(�-_moo -,�_. - - StICh S_nC- - --_ r _J�. l��• LMPORTANT_ P! Lk RE Q 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 lis` of project area businesses and a list of organizations concerned with the employment of project area residents is included in this Section in order to assist you when filling out th-z Contractor's Section 3 Plan. Also included in this Section is a Trainee Utilization Plan and a Stilled Employee Utilization Plan. The successful bidder rould be s monthly with the Monthly Employment required to submit these 2 formUtili- zation Report (SF 257). PLEASE NOTE: The successful bidder is the one with the lowest bid. each bidder however rr.ust Sign the Contractor's Compliance Form and coTr)l�:tz! the Contr�!ctor's Section 3 Plan. r CO�JTR,4CTOR' S SECTION 3 PLAN 1 - Mame of Fi rm Address Phone 2 - Project Name/Description Project Location Please use additional sheets if needed. 3 - Emoloyment a - Co you expect to hire any project area residents? ✓Yes "i0 b - If yes how many? Trainees Skilled Employees Total G c - What organizations, if any, from tha attached list do you intend to notify? d - 1411hat publications :rill you use for employment notices? LIZZA INDUSTRIES INC. 15 REMSEN AVENUE • P.O. BOX 325, ROSLYN, L.I., NEW YORK 11576 • PHONE 516-484-5600 September 8, 1983 Town Clerk Town of Southold Town Hall - Main Road Southold, NY 11971 Reference: PROPOSAL for Asphalt Surface at Southold Town Parking Field at Mattituck Bid Date: September 8, 1983 - 10:00 AM Gentlemen: We propose to furnish the necessary Labor, Material, and Equipment for the following: -1? DO Asphalt Surface at the Southold Town Parking Field $ ( '� /Sy Supply & Insta.11 Asphalt Curbing $ 3 SO 00 Alternate for Belgium Block Curb $ Very truly yours, 9!:iUSTRIES, INC. Earle W. Couch Vice President /LF 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, until 10:00 A.M., September 8, 1983, at which time they will be publicly opened and read aloud for supplying and installing (1) 5225 square yards of asphalt surface at the Southold Town Parking Field at Mattituck, New York, and (2) supplying and installing 495 lineal feet of timber guard rail at the Southold Town Parking Field at Mattituck, New York, and (3) supplying and installing plantings as per planting plan in bid package at the Southold Town Parking Field at Mattituck, New York. Specifications for these projects may be obtained from the Town Clerk, .i,wn of Southold=Town _Hall, Main Road, Southold, New ork 11971 Bid prices are not to include any taxes, from which the Town of Southold is exempt. The Town of Southold reserves the right to reject any and all bids if it is deemed in the best interest of the Town to do so. Bids must be signed and sealed in envelopes plainly marked, "Bid on (1) Asphalt Surface at Southold Town Parking iield-at Mattituc or "Bid on (2) Timber Guard Rail at Southold Town Parking Field at Mattituck," or "Bid on (3) Plantings at Southold Town Parking Field at Mattituck," and plainly addressed to the Town Clerk, Town of Southold, Town Hall, Main Road, Southold, New. York 11971. DATED: August 9, 1983. JUDITH T. TERRY SOUTHOLD TOWN CLERK 1TA18-4316 STATE OF NEW YORK ► i SS: COUNTY OF SUFFOLK ) Joan W. Gustayson of Greenport, in said County, being duly sworn, says that kafshe is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the 25th dayof August 1983 f;E' EN K. 0E V NOTARY PUiL4C, ;fate. ofq New Pork J� No. 470787$ Suffolk County Term Expires Much 30, 15 �611 Principal Clerk Sworn to before me this 25th day of August 1983 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, until 10:00 A.M., September 8, 1983, at which time they will be publicly opened and read aloud for supplying and installing (1) 5225 square yards of asphalt surface at the Southold Town Parking Field at Mattituck, New York, and (2) supplying and installing 495 lineal feet of timber guard rail at the Southold Town Parking Field at Mattituck, New York, and (3) supplying and installing plantings as per planting plan in bid package at the Southold Town Parking Field at Mattituck, New York. Specifications for these projects may be obtained from the Town Clerk, Town of Southold, Town Hall, Main Road, Southold, New York 11971. Bid prices are not to include any taxes, from which the Town of Southold is exempt. The Town of Southold reserves the right to reject any and all bids if it is deemed in the best interest of the Town to do so. Bids must be signed and sealed in envelopes plainly marked, "Bid on (1) Asphalt Surface at Southold Town Parking field at Mattituck," or "Bid on (2) Timber Guard Rail at Southold Town Parking Field at Mattituck," or "Bid on (3) Plantings at Southold Town Parking Field at Mattituck," and plainly addressed to the Town Clerk, Town of Southold, Town Hall, Main Road, Southold, New York 11971. DATED: August 9,1983. JUDITH T. TERRY SOUTHOLD TOWN CLERK 1TA18-4316 SATE OF NEW YORK ► SS: )LINTY OF SUFFOLK ► oan W. Gustayson of Gr: id County, being duly sworn, says the incipal Clerk of THE SUFFOLK TIMES wspaper, published at Greenport, in Southold, County of Suffolk and St= York, and that the Notice of which the = a printed copy, has been regularly pu said Newspaper once each week fo weeks successively, commencing on th day of August 19-a HELEN K. DE WE NOTARY PUBLIC, State of New Yorj�� VUY i No. 4707878, 3utfolk County IQ2'l' Term Expires March 30, 195✓ principal Cler Sworn to before me this 18th day of August 190 STATE OF NEW YORK 1 i SS: COUNTY OF SUFFOLK 1 Joan W. Gustayson of Greenport, in said County, being duly sworn, says that baa/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the 18th day of August 19 HELEN K. DE *E NOTARY PUBLIC, State of New Yore No. 4707878, Suffolk County Term Expires March 30.1 _ Principal Clerk Sworn to before me this 18th day of August 1983 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, until 10:00 A.M., September 8, 1983, at which time they will be publicly opened and read aloud for supplying and installing (1) 5225 square yards of asphalt surface at the Southold Town Parking Field at Mattituck, New York, and (2) supplying and installing 495 lineal feet of _ timber guard rail at the Southold Town Parking Field at Mattituck, New York, and (3) supplying and installing plantings as per planting plan in bid package at the Southold Town Parking Field at Mattituck, New York. Specifications for these projects may be obtained from the Town Clerk, Town of Southold, Town Hall, Main Road, Southold, New York 11971. Bid prices are not to include any taxes, from which the Town of Southold is exempt. The Town of Southold reserves the right to reject any and all bids if it is deemed in the best interest of the Town to do so. Bids must be signed and sealed in envelopes plainly marked, "Bid on (1) Asphalt Surface at Southold Town Parking field at Mattituck," or "Bid on (2) Timber Guard Rail at Southold Town Parking Field at Mattituck," or "Bid on (3) Plantings at Southold Town Parking Field at Mattituck," and plainly addressed to the Town Clerk, Town of Southold, Town Hall, Main Road, Southold, New York 11971. DATED: August 9,1983. JUDITH T. TERRY SOUTHOLD TOWN CLERK 1TA18-4316 STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK 1 Joan W. Gustayson said County, being duly sworn, says Principal Clerk of THE SUFFOLK TIP Newspaper, published at Greenport of Southold, County of Suffolk and York, and that the Notice of which i a printed copy, has been regularly said Newspaper once each wee! weeks successively, commencing o day of August 19 HREN K. DE WE NOTARY PUBLIC, State of New York No. 4707813. 3uttolk County Terrn Eq!i6 March 30, 19! Principal r Sworn to before me this _ dayof August 18th 19--a3 �/ )a 9_a3n �2 %� . � .:. j STATE OF NEW YORK ) ) SS: 1_r COUNTY OF SUFFOLK ) Joan W. Gustayson of Greenport, in said County, being duly sworn, says that Ishe is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for nne _— weeks successively, commencing on the day of August 19--85 HELEN K. DE �M�E NOTARY PUBLIC. State of New York H No. 4707878, guttolk Count - principal Clerk Term ExpaeS March 30, 11 Sworn to before me this 8th day of AU$ust 19—B3 �/� X'00' �� 'P`®I�mt+pR'on! ,. �.�„ . .� 11 Y+A"T�a'9AA�^A,is .,. ,; NOTICE TO BIDDERS NOTICE IS HEREBY GIV- EN 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, until 10:00 A.M., Sep- tember 8, 1983, at which time they will be publicly opened and read aloud for supplying and installing (1) 5225 square yards of asphalt surface at the Southold Town Parking Field at Mattituck, New York, and (2) supplying and installing 495 lineal feet of timber guard rail at the Southold Town Parking Field at Mattituck, New York, and (3) supplying and installing plantings as per planting plan in bid package at the Southold Town Parking Field at Mattituck, New York. Specifications for these pro- jects may be obtained from the Town Clerk, Town of Southold, Town Hall, Main Road, South- old, New York 11971. Bid prcies are not to include any taxes, from which the Town of Southold is exempt. The Town of Southold re- serves the right to reject any and all bids if it is deemed in the best interest of the Town to do so. Bids must be signed and sealed in envelopes plainly marked, "Bid on (1) Asphalt Surface at Southold Town Parking field at Mattituck," or "Bid on (2) Timber Guard Rail at Southold Town Parking Field at Mattituck," or "Bid on (3) Plantings at Southold Town Parking Field at Matti - tuck," and plainly addressed to the Town Clerk, Town of Southold, Town Hall, Main Road, Southold, New York 11971. Dated: August 9, 1983. Judith T. Terry Southold Town Clerk 1T-8/25/83(81) 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 -Watch- man once each week for ............................../.........weeks successively, commencing on the .................................... day of L:"y .......... 19...`3 ............ Sworn to before me this ............................... day of ......, ................... 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 -Watch- man once each week for ......................................weeks successively, commencing on the .................................... day of .. ...... ............� . ........ ........... , 19...83 Sworn to before me thisa� ...... day of .......................... ............ .... ...................., 19.....3 CLEMENT J. i HOMPSON �lOt`laR� Y�csti� sa : NOTICE TO BIDDERS NOTICE IS HEREBY GIV- EN 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, until. 10:00 A.M., Sep- tember 8, 1983, at which time they will be publicly opened and read aloud for supplying and installing (1) 5225 square yards of asphalt surface at the Southold Town Parking Field at Mattituck, New York, and (2) supplying and installing 495 lineal feet of timber guard rail at the Southold Town Parking Field at Mattituck, New York, and (3) supplying and installing plantings as per planting plan in bid package at the Southold Town Parking Field at Mattituck, New York. Specifications for these pro- jects may be obtained from the Town Clerk, Town of Southold, Town Hall, Main Road, South- old, New York 11971. Bid prcies are not to include any taxes, from which the Town of Southold is exempt. The Town of Southold re- serves the right to reject any and all bids if it is deemed in the best interest of the Town to do so. Bids must be signed and sealed in envelopes plainly marked, "Bid on (1) Asphalt Surface at Southold Town Parking field at Mattituck," or "Bid on (2) Timber Guard Rail at Southold Town Parking Field at Mattituck," or "Bid on (3) Plantings at Southold Town Parking Field at Matti - tuck," and plainly addressed to the Town Clerk, Town of Southold, Town Hall, Main Road, Southold, New York 11971. Dated: August 9, 1983. Judith T. Terry Southold Town Clerk 1T-8/25/83(81) 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 -Watch- man once each week for .......................... ............weeks successively, commencing on the day ... ...........Ot`)............. Sworn to before me thi................................ . �..... day of .................. ... L c .......................�- 1aLVA of N= lm Residing in ufulk q",u; COUNTY OF SUFFOLK STATE OF NEW YORK ss. 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 -Watch- man once each week for .......................... ...........weeks successively, commencing on the..............112T...................... day. ........................ t Sworn to before me this .................5. day of .............. ............. 19..83 TMTJTmomPsoN 'WARY Pll8f K`sate of New cork Nk s2 -Mires R 8 In Bol k Commission Expires Ahrch 30419zy NOTICE TO BIDDERS NOTICE IS HEREBY GIV- EN 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, until. 10:00 A.M., Sep- tember 8, 1983, at which time they will be publicly opened and read aloud for supplying and installing (1) 5225 square yards of asphalt surface at the Southold Town Parking Field at Mattituck, New York, and (2) supplying and installing 495 lineal feet of timber guard rail at the Southold Town Parking Field at Mattituck, New York, and (3) supplying and installing plantings as per planting plan in bid package at the Southold Town Parking Field at Mattituck, New York. Specifications for these pro- jects may be obtained from the Town Clerk, Town of Southold, Town Hall, Main Road, South- old, New York 11971. Bid prices are not to include any taxes, from which the Town of Southold is exempt. The Town of Southold re- serves the right to reject any and all bids if it is deemed in the best interest of the Town to do so. Bids must be signed and sealed in envelopes plainly marked, "Bid on (1) Asphalt Surface at Southold Town Parking field at Mattituck," or "Bid on (2) Timber Guard Rail. at Southold Town Parking Field at Mattituck," or "Bid on (3) Plantings at Southold Town Parking Field at Matti - tuck," and plainly addressed to the Town Clerk, Town of Southold, Town Hall, Main Road, Southold, New York 11971. Dated: August 9, 1983. JUDITH T. TERRY SOUTHOLD TOWN CLERK 1T-8/18/83(81) 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-Wotch- man once each week for ....................... ...............weeks successively, commencing on the ................................... y .. ...... �.......................(.., 19.:. da.... Sworn to before me this .....:...:...................... day of ................. : ti.. .........., 19...x... Notary ublic CLUIVENT,t. ;ll�i iP sd S NOT7;,ly Pi'SdPC, Stria of Pdnw lark .:7•9;3:21725 'Mg in Ssffulk (Xu ao RECEIVED AUG 2 2 JL01 Town Clerk Southold 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 -Watch- man once each week for ......................./ ..............weeks successively, commencing on the ......... 4 ......................... day 19.3 Sworn to before me this ................................ day of 19.. . �? Notary 211c - CLEMENT J. OMrSON NOTARY PU C, S� of Nn Yash 140- 52-9321725 Residing in Suffolk County Commission Expires March 30, 10 RECEIVED v;1V1AA11 AUG 2 2 JP0 EW S S ?!JA Tot" Clerk Southold NOTICE TO BIDDERS NOTICE IS HEREBY GIV- EN 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, until 10:00 A.M., Sep- tember 8, 1983, at which time they will be publicly opened and read aloud for supplying and installing (1) 5225 square yards of asphalt surface at the Southold Town Parking Field at Mattituck, New York, and (2) supplying and installing 495 lineal feet of timber guard rail at the Southold Town Parking Field at Mattituck, New York, and (3) supplying and installing plantings as per planting plan in bid package at the Southold Town Parking Field at Mattituck, New York. Specifications. for these pro- jects may be obtained from the Town Clerk, Town of Southold, Town Hall, Main Road, South- old, New York 11971. Bid prices are not to include any taxes, from which the Town of Southold is exempt. serves the right to reject any and all bids if it is deemed in the best interest of the Town to do so. Bids must be signed and sealed in envelopes plainly marked, "Bid on (1) Asphalt Surface at Southold Town Parking field at Mattituck," or "Bid on (2) Timber Guard Rail at Southold Towm Parking Field at Mattituck," or "Bid on (3) Plantings at Southold Town Parking Field at Matti - tuck," and plainly addressed to the Town Clerk, Town of Southold, Town Hall, Main Road, Southold, New York 11971. Dated: August 9, 1983. JUDITH T. TERRY SOUTHOLD TOWN CLERK 1T-8/18/83(81) 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 -Watch- man once each week for ........................................weeks /...successively, commencing on the..............L.................. da19.. ... �.................................................... t}� Sworn to before me this .............%. f.............. day of r .. CLVVIFf T J, Ti''CPf 1p'Sr01d WARY PORLIC, Stag of New York 52-932172,5 !int' in Suffolk Couaiiy -'Ir,f7t'SSit: Xgt r ., 1rfpC�! ,1i, l l . t , COUNTY OF SUFFOLK: 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 -Watch- man once each week for ....weeks successively, commencing on the .................................... do....... ...... ......................... 19. e3 .. :.......................... ...................... 9 Sworn to before me this .............I ............ day of 3 CLEMENT J, THompsoN NOTARY PUBLIC, State of New York No. 52.9321725 Residing in Suffolk Co a ty Commission Expires March 30,1 rin7p- "I LI =&R8UA W0010 rot *1013 nwo r • 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 10th day of August 1983 , 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, Town Clerk Office, Main Road, Southold, New York 11971 Legal Notice - Notice to Bidders - (1) resurfacing, (2) timber fence, (3) landscaping at the Southold Town Parking Field at Mattituck, New York. Bid opening - September 8, 1983. 10:00 AM. Judith T. Terry Cl Southold Town Clerk i Sworn to be before me this 10th day of September 1983 Notary Public ELIZABETH ANN NEVILLE NOTARY PUBLIC, State of New York No. 52.8125850, Suffolk County Term Expires March 30, 19..p • L� 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, until 10:00 A.M., September 8, 1983, at which time they will be publicly opened and read aloud for supplying and installing (1) 5225 square yards of asphalt surface at the Southold Town Parking Field at Mattituck, New York, and (2) supplying and instal - ing 495 lineal feet of timber guard rail at the Southold Town Parking Field at Mattituck, New York, and (3) supplying and instal - ing plantings as per planting plan in bid package at the Southold Town Parking Field at Mattituck, New York. Specifications for these projects may be obtained from the Town Clerk, Town of Southold, Town Hall, Main Road, Southold, New York 11971. Bid prices are not to include any taxes, from which the Town of Southold is exempt. The Town of Southold reserves the right to reject any and all bids if it is deemed in the best interest of the Town to do so. Bids must be signed and sealed in envelopes plainly marked, "Bid on (1) Asphalt Surface at Southold Town Parking field at Mattituck," or "Bid on (2) Timber Guard Rail at Southold Town Parking Field at Mattituck," or "Bid on (3) Plantings at Southold Town Parking Field at Mattituck," and plainly addressed to the Town Clerk, Town of Southold, Town Hall, Main Road, Southold, New York 11971. DATED: August 9, 1983. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, AUGUST 18, 1983, 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 Town Board Members The Long Island Traveler -Watchman James C. 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, until 10:00 A.M., September 8, 1983, at which time they will be publicly opened and read aloud for supplying and installing (1) 5225 square yards of asphalt surface at the Southold Town :Parking Field at Mattituck, New York, and (2) supplying and install- i ing 495 lineal feet of timber guard rail at the Southold Town Parking Field at Mattituck, New York, and (3) supplying and install- ing plantings as per planting plan in bid package at the Southold Town Parking Field at Mattituck, New York. Specifications for these projects may be obtained from the Town Clerk, Town of Southold, Town Hall, Main Road, Southold, New York 11971. Bid prices are not to include any taxes, from which the Town of Southold is exempt. The Town of Southold reserves the right to reject any and all bids if it is deemed in the best interest of the Town to do so. Bids must be signed and sealed in envelopes plainly marked, "Bid on (1) Asphalt Surface at Southold Town Parking field at Mattituck," or "Bid on (2) Timber Guard Rail at Southold Town Parking Field at Mattituck," or "Bid on (3) Plantings at Southold Town Parking Field at Mattituck," and plainly addressed to the Town Clerk, Town of Southold, Town Hall, Main Road, Southold, New York 11971. DATED: August 9, 1983. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, AUGUST 18, 1983, 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 Town Board Members The Long Island Traveler -Watchman James C. 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, until 10:00 A.M., September 8, 1983, at which time they will be publicly opened and read aloud for supplying and installing (1) 5225 square yards of asphalt surface at the Southold Town Parking Field at Mattituck, New York, and (2) supplying and install- ing 495 lineal feet of timber guard rail at the Southold Town Parking Field at Mattituck, New York, and (3) supplying and install- ing plantings as per planting plan in bid package at the Southold Town Parking Field at Mattituck, New York. Specifications for these projects may be obtained from the Town Clerk, Town of Southold, Town Hall, Main Road, Southold, New York 11971. Bid prices are not to include any taxes, from which the Town of Southold is exempt. The Town of Southold reserves the right to reject any and all bids if it is deemed in the best interest of the Town to do so. Bids must be signed and sealed in envelopes plainly marked, "Bid on (1) Asphalt Surface at Southold Town Parking field at Mattituck," or "Bid on (2) Timber Guard Rail at Southold Town Parking Field at Mattituck," or "Bid on (3) Plantings at Southold Town Parking Field at Mattituck," and plainly addressed to the Town Clerk, Town of Sotithold, Town Hall, Main Road, Southold, New York 11971. DATED: August 9, 1983. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ONCE, AUGUST 18, 1983, 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 Town Board Members The Long Island Traveler -Watchman James C. McMahon Town Clerk's Bulletin Board SOUTHOLD COMMUNITY DEVELOPMENT AGENCY James C. McMahon Administrator PROJECT Dear Contractor: 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 (516) 765-1892 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. Contractor's Certification 7. Subcontractor's Certification 8. Form WH -347 (Weekly Payroll) 9. Instruction for completing WH -347 10. Labor Standards Provisions -11." Sec. 109 and Sec. 110 of PL93-383 12." Statement of Compliance 13. Contractor's Responsibilities 14. Requirements for Contractors 15. Pre -Construction Checklist for Contractors 16. Attachment B of Section -3 Plan 17. Contracting Opportunities for Minorities and Females If you have any questions, please give me a call. V MATTITUCK PARKING LOT PAVING SPECIFICATIONS A. SUBBASE COURSE Bank run sand shall be used where topsoil was removed to a depth greater than 811. The sand shall be uniformly placed and rolled with a Ten Ton Roller to remove all soft spots. A layer of bank run clay mixture (marl) shall be uniformly placed so that after thorough rolling and compacting with a ten ton roller a minimum depth of 6" is obtained. All work regarding the subbase shall be done by Town of Southold Highway Department. B. BASE COURSE Upon a compacted subbase a layer of Bituminous concrete (Bank Run Plant Mix) shall be uniformly placed so that after thorough rolling and compacting a minimum thickness of 3" is obtained. The subbase immediately before the basecourse is placed, shall be compacted with a ten ton roller the subbase shall not be in a muddy or frozen cond- ition. The spreading of the base course shall be by means of a self propelled spreader after base course has been laid down it shall be thoroughly rolled �Lnd compacted with a ten ton roller. The thickness of the base shall be determined by a method directed by Landscape Architect upon completion by Contractor. Work shall not proceed until inspection by Landscape Architect and approvals given. C. ASPHALT SURFACE COURSE Upon a compacted base course a surface wearing course (Top) asphalt concrete type lA plant mix shall be placed. The asphalt surface wearing course shall meet the require- ments of the New York State Department of Public Works specification. Item No. 51F - Type lA Top and shall have a minimum thickness of 12". GENERAL NOTES All rough grading, tree removal and other site preperation to be done by Town of Southold Highway Department, at the direction of Landscape Architect. Also, Southold Town Highway Department shall install all drainage structures. Landscape Architect shall determine all proposed elevations (including drainage structures and parking area.) Any omissions or errors shall be brought to the attention of Landscape Architect in writing. Removal of existing structure is the responsibility of the Town of Southold. Installation of new concrete curbs, sidewalk to be accomp- lished by the Town of Southold. Striping of parking area shall be done by the Town of Southold Highway Department. The following items shall be included in bid. 1. Installation of Asphalt Curb. 2. Alternate price for installation of cobble block curbing. 3. Installation of paving as shown.(per sq. yd. price) $020.1 A;;Pendix 1 vEPARTiJI€NT OP HOUSING AND URBAN D VELOPMENT trcar o. Executive Order 11246, as amended EQUAL EMPLOYMENT OPPORTUNITY ill ,�' Executive Order 11247 �''"'°It' ` COORDINATION BY ATTORNEY GENERAL EQUAL EMPLOYMENT OPPORTUNITY 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 States, it is ordered as follows: PART I—NONDIBCRI10NATI01M IN GOVERNNENT EXPLOYMENT SEc. 101. It is the policy of the Government of the United States to provide equal opportunity in. Federal employment for all qualified persons, to prohibit discrimination in employment because of race, color, religion, sea or national origin, and to provide the full realiza- tion of equal employment opportunity through a positive, continuing program in each executive department and agency. The policy of equal opportunity applies to every aspect of Federal employment policy and practice. SEc. 102. The head of each executive department and agency shall establish and maintain a positive program of equal employment oppor- �t` tunny for all civilian employees and applicants for employment within his jurisdiction in accordance with the police set forth in 3ectoin 101. SEc. 103. The Civil Service Com- ssion shall supervise and provide leadership and guidance in the conduct of egtial employment oppor- tunity programs for tha civilian employees of and applications for em�iloyment 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 and realizing the ob'tives of this Part. ecrEc. 104. The Civil Service Commission shall provide for the prompt, fair, and impartial consideration of all complaints of dis- crimination in Federal employment on til,, basis of race, color, religion, sea or national origin. Procedures for the consideration of complaints shall include at least one impart'*, review within the executive naUazL- ment or agency and shall provide for appeal to the Civil Service Commission. SEc. 105. The Civil Service Commission shall issue such regulations, orders, and instructions as it deems necessary and appropriate to carry out its responsibilities under this Part, and -the head of each executive department and agency shall comply with the replations, orders, and instructions issued by the Commission under this Part. 'Amended by Executive Order 113'5 of October is. IMT. 82 Fed. flet. 15308. to provide that the program of equal employment opportunity Include probibltion ajainat discrimina. tion on account of sex. Page 1 8020.1 Appendix: 1 PAn II—NONDrscRrxrwATION rx EXPLOYlaENT By Gov8RNxmT CONTRACTORS AND SUBcONTRACTORs SUBPART A—DUTMS OF TSE SECRETARY Or LABOR SEc. 201. The Secretary of Labor shall be responsible for the admin- istration of Parts II and III of this Order and shall adopt such rules and regulations and issue such orders as he deems necessary and ap- propriate to achieve the purposes thereof. SUBPART B---0ONTRACTOR81 AOR233CRIM SEc. 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 pros : "During the performance of this contract, the contractor agrees as follows: "(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sea, 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, sea, or national origin. Such action shall include, but not be limited to the followilig: employment, upgrading, demotion, or transfer; recruit- ment or recruitment advertising; lagoff 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 employees and applicants for cinpfOj•Iilent, no`icez to ba provided by the contracting officer setting forth the provisions of this nondiscrimation clause. "(2) The contractor will, in all solicitations or advertisements for em loyees placed by or on behalf of the contractor, state that all quali- fied applicants will receive consideration for employment without rear 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 undeistandir , a notice,to be provided by the agency contracting officer, advising &j labor union or workers' representative of the contractors' commitments under Section 20-2 of Executive Order No. 11246 of September 24, 1965, and .,,hall post copies of the notice in conspicuous places available to employees and applicants for employ- ment. "(4) The contractor will comply with allprovisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, dnd relevant orders of the Secretary of Labor. "(5 The contractor will furnish all information and reports' re- quired by- Executive Order No. 11246 of September 24 1965, and by the rules, regulations, and orders of the Secretary of LaICor 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 invcctigation to ascertain compliance with such rules, regulations, and orders Page 2 al s 8020.1 Appendix. 1 1'(6) In the event of the contractor's noncompliance with the non- discrimination clauses of this contract or with an of such rules, regu- lations, or orders, this contract may be cancelled, terminated or sus- pended in whole or in part and the contractor may be declared ineli- gible for further Government contracts in accordance with procedures authorized in Executive Order -No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order -No. 11246 of September 24, 1965, or by rule, regu- lation, or order of the Secretary of. Labor, or as otherwise provided by law. "(7) The contractor will include the provisions of Paragraphs (1) through (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 subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncom- pliance: Provided, however. That in the event the contractor becomes involved in, or is threatened with, litigation .vith a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the i'nited States to enter into such litigation to protect the interests of the United States." SEC. 203. (a) Each contractor havinz 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 agency or the Secretary of Labor as may be directed. Compliance Reports shall be filed within such times and shall contain such information as to the practices p3l:ci3s .n.rnmc 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 msy prescribe. (b) Bidders or prospective contractors or subcontractors may be required to state whether they have participated in any previous con- tract subject to the provisions of this Order, or any preceding similar Executive order, and in that event to submit, on behalf of themselves and their proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract. (c) Whenever the contractor or subcontractor has a collective bar- gaining agreement or other contract or understanding with a labor union or an agency referring workers or providing or supervising appenticeship or training for such workers, the Compliance Report shall include such information as to such labor union's or agency's practices and policies affecting compliance as the Secretary of L:&r may prescribe: Pro rided, That to the extent such information is within the exclusive possession of a labor union or an agency referring work- ers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to furnish such information to the contractor, the contractor shall so certify to the contracting agency as part of its Compliance Report and shall set forth what efforts he has made to obtain such information. Page 3 8020.1 Appendix 1 (d) The contracting agency or the Secretary of Labor may direct that any bidder or prospective contractor or subcontractor shall sub- mit, as part of his Compliance Report, a statement in writing, signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providinz or supervising apprenticeship or other training, with which the bidder or prospective contractor deals, with supporting information, to the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religion, sex or national origin, and that the signer either will affirma- tively cooperate in the implementation of the policy and provisions of this order or that it consents and agrees that recruitment, employment, and the terms and conditions of employment under the proposed con- tract shall be in accordance with the purposes and provisions of the order. In the event that the union, or the agency shall refuse to execute such a statement, the Compliance Report, shalf so certify and set forth what efforts have been made to secure such a statement and such addi- tional factual material as the contracting agency or the Secretary of Labor may require. Src. 204. The Secretary of Labor may, when he deems that special circumstances in the national interest so require, exempt a contracting n ency from the requirement of including any or all of the provisions of Section 202 of this Order in any specific contract, subcontract, or purchase order. The Secretary of Labor may, by rule or regula- tion, also exempt certain classes of contracts, subcontracts, or pur- chase orders (1) whanever 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) involving less than specified amounts of money or specified numbers of workers; or (4) to the extent that they involve subcontracts below a specined tier. 'The Secretary of Labor may also provide, by rule, regulation, or order, for the exemption of facilities of a contractor which are in all respects separate and distinct from activities of the contractor related to the performance of the contract: Provided, That such an exemption will not rit-erfere with or impede the effectuation of the purposes of this Order: And provided further, That in the absence of such an exemption all facili- ties shall be covered by the provisions of this Order. SUBPART O--POwE88 A\ -D DUTIES OF THE SECRETARY OF LABOR AND THE 0WIMLCTxNG AGE-YCMS SEc. 205. Each contracting agency shall be primarily responsible for obtaining compliance with the rules, regulations, and orders of the Secretary o? Labor v:ith respect to contracts entered into by such agency or its contractors. All contracting agencies shall comply with the rules of the Secretary of Labor in discharging their primary responsibility for securing compliance with the provisions of con- tracts and otherwise with the terms of this Order and of the rules, regulations, and orders of the Secretary of Labor issued pursuant to this Order. They are directed to cooperate with the Secretary of Labor and to furnish the Secretary of Labor such information and assistance as he may require in the performance of his functions under this Order. They are further directed to appoint or designate, from Page 4 • 8020.1 Appendix 1 among the agroncy's personnel, compliance officers. It shill be the duty of such ofEcers to seek compliance with the objectives of this Order by conference, conciliation, mediation, or persuasion. SEC.206. (a) The 5ecretar ,01 Labor may investigate the employ- ment practices of an.y Government contractor or subcontractor, or ini- tiate such investigation by the appropriate contracting agency, to de- termineth _ whether or not e contractual provisions specified in Section 202 of this Order have been violated. Such investigation shall be conducted in accordance with the procedures established by the Secre- tary of Labor and the investigating auency shall report to the Secre- tary of Iabor any action taken or recommended. 1b) The Secretary of Labor may receive and investigate or cause to be investigated complaints by employees or prospective employees of a Government contractor or subcontractor which allege discrimina- tion contrary to the contractual provisions specified in Section 202 of this Order. If this investigation is conducted for the Secretary of Labor by a contracting agency, that agency shall report to the Secretary what action has% n taken or is recommended with regard to such complaints. SEc. 207. The Secretary of Labor shall use his best efforts, directly and through contracting agencies, other interested Federal, State, and local agencies, contractors, and all other available instrumentalities to cause any Iabor talion engaged in work under Government contracts or any agency referring workers or providing or supervising appren- ticeship or training foe 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 nYp rt"n'ty Iv^^:^j^. .::s; on. the Depart'--nt of i,T��stice p or other ap ro- priate Federal agencies whenever it has reason to believe that the practices of any such labor organization or agency violate Title VI or Title VII of the Civil Rights _1ct of 1964 or other provision of Fed- eral law. SEc. 208. (a) The Secretary of Labor, or any agency, officer, or employee in the executive branch of the Government designated by rule, regulation, or order of the Secretary, may hold such hearings, public or private, as the Sacretary may deem advisable for compliance, enforcement., or educational purposes. (b) The Secretary of Labor may hold, or cause to be held, hearings in accordance with Subsection (a) of this Section- prior to imposing, ordering, or recommending the imposition ofnalties and sanctions under this Order. do order for debarment orany contractor from further Government rontracrs under Section 209(a) (6) shall be ;Wade without affording the contractor an opportunity for a hearing. SUBPART D—S:1NCrIoNS .\ND PENALTIES SEc. 209. (a) In accordance with such rules, regulations, or orders as the Secretary of Labor may issue or adopt, the Secretary or the appropriate contracting agency may: (1) Publish, or cause to be published, the names of contractors or unions which it has concluded have complied or have failed to comply with the provisions of this Order or of the rules, regulations, and orders of the Secretary of Labor. Page 5 8020.1 Appendix 1 (,� Recommend to the Department of Justice that in cases in whtc there is substantial or material viblation or the threat of sub- stantial or material violation of the contractualpprovisions set forth in Section 202 of this Order, appropriate proceedings be brought to enforce those provisions, including the enjoining, within the limita- tions of applicable law, of organizations, individuals, or groups who prevent directlyor indirectly, or seek to prevent directly or indirectly, compliance witthe provisions of this Order. (3) Recommend to the Equal Employment Opportunity Commis- sion or the Department of Jnstice that appropnate 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, suspend, 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 may be cancelled, terminated, or suspended absolutely or continuance of contracts may be conditioned upon a program for future compliance approved by the contracting agency. (6) Provide that any contracting agency shall refrain from enter- ing into further contracts, or extensions or other modifications of existing contracts, with any noncomplying contractor, until such con- tractor has satisfied the Secretary of Labor that such contractor has established and will carry out personnel and employment policies in compliance with the provisions of this Order. (b) Under rules and regulations prescribed by the Secretary of La r, each contracting agency shall make reasonable efforts within a reasonable time iiinaaiion w se. u'ie colnpllancO With the ratitract provisions of this Order by methods of conference, conciliation, inedi- ation, and ersuasion lialore proceedings shall be instituted under Subsection �a) (2) of this Section, or before a contract shall be can- celed or terminated in whole or in Dart under Subsection (a) (5) of this Section for failure of a contractor or subcontractor to comply with the contract provisions of this Order. SEc. 210. Any contracting agency taking any action authorized by this Subpart, whether on itg own motion, or as+directed by the Secre- tary of Labor, or under the rules and regulations of the Secretary, shall pro;nptly notify the Secretary of such action. Whenever the Secretary of Labor makes a determination under this section, he shall promptly notify the appropriate contracting agency of the action recommended. The e enev shall take such action and shall report the results thereof to the fiecretary of Labor within such time as the Secretary shall specify. SEc. 211. If the Secretary shall so direct, contracting.agencies shall not enter into contracts with any bidder or prospective contractor unless the bidder or prospective contractor has satisfactorily complied with the provisions of this Order or submits a program for compliance acceptable to the Secretary of Labor or, if the Secretary so authorizes, to the contracting agency. SED. 212. Whenever a contracting agency cancels or terminates a contract, or whenever a contractor has been debarred from further Page 6 • ' 0 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 of the United States. Any such debarment may be rescinded by the Secretary of Labor or by the contracting agency which imposed the sanction. SUBPAET E—CERTIFICATE8 OF 3MRIT SEc. 213. The Secretary of Labor may provide for issuance of a United States Government Certificate of Merit to employers or labor unions, or other agencies which are or may hereafter be en axed in work under Government contracts, if the Secretary is satisfied that the personnel and employment practices of the employer, or that the personnel, training, apprenticeship, membership, grierance and rep- resentation, upgradir., and other practices and policies of the labor union or other agency -con. form 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 IU *dgwent of the Secretary, has failed to comply with the provisions Of this Order. SEC. 215. The Secretary of Labor 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- plover,labor union, or other agency has been awarded a Certificate of Merit which has not been suspended or revoked. h$ 1 PART III—NONDISCIUMIxATIO\ TPROyISIONS n7 FEDERALLY ASBISTM CoxsTRUcrioV Co:rTr.Acrs 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 agree to incorpo- rate) or cause to be incorporated, into ail construction contracts paid for in whole or in part with funds obtained from the°Federal Guvern- ment or borrowed or. the credit of the Federal Government pursuant to such grant, contract, loan, insurance, or guarantee, or undertaken Pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the provisions prescribed for Government contracts by Section 203 of this Order or such modification thereof, mese. ing in substance the contr4ctor's obligations thereunder, as inay 6 approved by the Secretary of Labor, together with such additional prolusions as the Secretary deems appropriate to establish and pro- tect the interest of the United States in the enforcement of tho,-e obli- gations. Each such applicant shall also undertake and agree (1) to assist and cooperate actively with the administering department or agency and the Secretary of Labor in obtaining the compliance of con- tractors and subcontractors with those contract provisions and with the rules, regulations, and relevant orders of the Secretary, _ (2) to obtain and to furnish to the administering department or agency and Page 7 8020.1 Append -,Lx 1 to the Secretary of Labor such information as they may require for the supervision of such compliance, (3} to carry out sanctions and penalties for violation of such obligations imposed upon 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, conver- sion, extension, or repair of buildings, highways, or other improve- ments to real property. (b) The provisions of Part II of this Order shall apply to such construction contracts, and Tor purpposes of such application the ad- ministering department or agency Tall be considered the -contracting agency referred to therein. (c) The term "applicant" as used in this Order means an applicant for Federal assistance or, as determined by agency regulation, other program participant, with respect to whom an application for any grant, contract , loan, insurance, or guarantee is not 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 undertakinus under this Order. Each administering depart- ment and a-aency is directed to cooperate with the Secretary of Labor, and to furnish the Secretary such information and assistance as he may require in the performance of his functions under this Order. (b) In the event an applicant fails and refuses to comply with his undertakings, the administering department or agency may take any or all of the following actions: (1) cancel, terminate, or suspend in whole or in part the agreement, contract, or other arrangement with such applicant with respect to which the failure and refusal occurred; (2) refrain from extending any further assistance to the applicant under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such applicant; and (3) refer the case to the Depart- ment of Justice for appropriate legal proceedings. (c) Any action with respect to an applicant pursuant to Subsection (b) shall be taken in conformity with erection 602 of the Civil Rights Act of 1864 hard �Iie 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 Pae3 HUD -Wash., D. G • i r 8020.1 Appendix 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. PAirr IV-1fisCELLANEOUS SEc. 401. The Secretary of Labor may delegate to any'ofcer, agency, or employee in the Executive branch•of the Government, any function or duty of the Secretary under Parts II and III of this Order, except authority to promulgate rules and regulations of a general nature. Ssc.402. The Secretary of Labor shall provide administrative sup- port for the execution of the program known as the "Plans for Progress." SEc. 403. (a) Executive Orders Nos. 10590 (January 19, 1955), 10722 (August 5, 1957),10925 (March 6, 1961), 11114 (June 22, 1963), and 11162 (July 28, 1964), are hereby superseded and the President's Committee on Equal Employment Opportunity established by Ex- ecutive Order No. 10925 is hereby abolished. All records andproperty in the custody of the Committee shall be transferred to the Civil Service Commission and the Secretary of Labor, as appropriate. (b) Nothing in this Order shall be deemed to relieve any person of any obligation assumed or imposed under or pursuant to any Execu- tive Order superseded by this Order. All rules, regulations, orders, instructions, designations, and other directives issued by the Presi- dent's Committee on Equal Employment Opportunity and tho-% issued by the heads of various dehart.ments JI' fi"c:ICiw un �.C^ C^ ^ 5u� any of the Executive orders superseded �y this Order, shall, to the extent that they are not inconsistent with this Order, remain in full force and effect unless and until revoked or superseded by appropriate authority. References in such directives to provisions of the super- seded orders shall be deemed to be references to the comparable provi- sions of this Order. SEc. 404. The General Services Administration shall take appropri- ate action to revise the standard Government contract forms to accord with the provisions of this Order and of the rules and regulations of the Secretary of Labor. SEc. 405. This Order shall become effective thirty days after the date of this Order. LrxnoN B. JOHxsON. THE WurrE HorsE. September24,1965. Page 9 HUD -'wash., D. C. 8020.1 R Appendix 1 COORDINATION BY ATTORNEY GE'k EI:AL Executive Order 11247 130 F.R 123271 PROVIDING FOR THE COORDINATION BY THE ArrORNIIY GENERAL OF ENFORCX3fENT OF TITLE VI OF THE CrVIL RIGHTS ACT OF 19$4 Whereas the Deoa `idents and agencies of the Federal Government have adopted uniform and consistent regulations implementing Title VI of the Civil Ri;;hts Act of 1964 and, in cooperation with the President's Council on Equal 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 a?encies under that Title will be predominantly legal in character and in many cases will be related to judicial enforcen-,ent : and Whereas the Attornev General 'is the chief.law officer of the Federal Government and is charged xi;.il the duty of enforcing the laws of the United States: Now, therefore, by virtue of the authority vested in me as President of the United States by the Constitution and laws of the United States, it is ordered as foflows: SECTIoN 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 1964. He may promulgate such rules and revelations as lie shall deem neces- sato carry out his functions under this Order. ZO. 2. Each Federal Clepartment and a!,- shall Cooperate with the Attornev General in the performance of his functions under this Order and shall furnish him such reports and information as he may re gest. �W. 3. Effective 30 days from the date of this Order, Executive Order No. 11197 of February 5, 1965, is revoked. Such records of the President's Council on Equal Opportunity as may pertain to the enforcement of Title VI of the Civil Rights Act of 1964 shall be trans- ferred to the Attorney General. SEc. 4. All rules, regulations, orders, instructions, designations and other directives issue by the President's Council onEqual Oppor- tunity relating to the implementation of Title VI of the Civil Ri,ahts Act of 196.1 shall remain in full force and effect unless and until revoked or superseded by directives of the Attorney General. LYNDoN B. JoHNsoN. THE Zi'xrrE HorsE, September 24, 1965. Q. S. GOVERNMENT PRL%TNG OFFICE ! 1970 O - 796-913 (67) 662.653 Page 10 DEPARTMENT OF LABOR Office of Federal Contract Compliance Programs NEW FORMAT FOR FEDERAL EQUAL EMPLOYMENT OPPORTUNITY BID CONDITIONS FOR FEDERAL AND FEDERALLY ASSISTED CO N STRUCT 10 N NOTICE On April 3, 1975, there was published in the FEDERAL REGISTER (40 FR 14953) a notice and opportunity for comment concerning the intention of the Department of Labor toadopt New Model Federal EEO Bid Conditions for inclusion in Federal and federally assisted construction contracts and subcontracts in selected areas. The following Model Federal EEO Bid Conditions are issued to carry out the purposes of Executive Order 11246, as amended. The Model Federal EEO Bid Conditions reflect changes which were made as a result of comments received on the proposed Model Federal EEO Bid Conditions. The comments received were equally distributed between those favorable and unfavorable. In general those favorable felt that deletion of the Bidders' Certification will eliminate undue and costly delays resulting from contractors and subcon- tractors being declared nonresponsive because of their failure to fill in a form correctly. Those opposed to elimination of the Bidders' Certification felt that a pre -award certifi- cation is essential in establishing the contractors' and subcontractors' commitment to offir- mative action. The Department has carefully considered all the comments and has determined that the format developed in the new Model Federal EEO Bid Conditions adequately apprises pro- specitve contractors and subcontractors, prior to bid opening, of the importance of the Federal affirmative action requirements and is compatible with procurement principles. Under Comptroller General opinions and the decisions in Northeast Construction Company v. Romney, 485 F. 2d 752 (D.C. Cir. 1973) and Rossetti Contracting Company v. Brennan, 508 F. 2d 1039 (7th Cir. 1975), the failure of a bidder to specify its goals for minority employment as required by imposed plans or the failure of a bidder to complete and submit a Bidder' Certification form as required by the Bid Conditions in hometown plan areas requires the contracting agency to declare the bid non-responsive. This has caused the loss of hundreds of thousands of dollars because defective low bids were discarded in favor of the new low bid. The original reason for requiring the submission of a properly executed Bidders' Certifi- cation was that it was thought to be helpful in informing contractors of their obligations and eliminated inattentive bidders. However, it is now an opinion that contractors are rea- sonably aware of their EEO obligations so as to obviate the need for certificction. 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 n and Part 11 EEO requirements. Further, all other forms of Federal EEO Bid Conditions containing hometown plans and Part II EEO Bid Condition requirements now in use for such areas are not to be in- cluded in 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: 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 II, 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 1: The provisions of this Part I apply to contractors which are party to collective bargaining agreements with labor organizations which together have agreed to the NASSAU - SUFFOLK Area Construction Program (hereinafter the NASSAU - SUFFOLK Plan) for equal opportunity and have jointly made a commitment to specific goals of minority and, where applicable, female utilization. The NASSAU - SUFFOLK Plan is c tripartite voluntary agreement between (CONTRACTORS, UNIONS, & MINORITY COM- MUNITIES). The NASSAU -SUFFOLK Pion, together with all implementing agreements that have been and may hereafter be developed pursuant thereto, are incorporated herein by reference. Any contractor using one or more trades of construction employees must comply with either Part I or Part 11 of these Bid Conditions as to each such trade. A contractor may 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 cam- mitment by both the contractor and the labor organization to a goal of minority utili- zation for that trade. Contractors using trades which are not covered by Part I (See Part II, Section A) must comply with the commitments contained in Part II including goals for minorities and female utilization set forth in Part II. 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 Port II shall be applicable to those contractors who: 1. Are not or hereafter cease to be signatories to the NASSAU -SUFFOLK Plan incorporated by reference in Part I hereof; 2. Are signatories to the NASSAU -SUFFOLK Plan but are parties to collective bargaining agreements; 3. Are signatories to the NASSAU -SUFFOLK Plan but are parties to collective bargaining agreements with labor organizations which are not or hereafter cease to be signatories to the NASSAU -SUFFOLK Plan 4. Are signatories to the NASSAU -SUFFOLK Plan and are parties to collective bargaining agreements with labor organizations but the two hcVe not jointly executed a specific commitment to goals for minority utilization and incorporated the commit- ment in the NASSAU -SUFFOLK Plan;. or 5. Are participating in a affirmative action plan which is no longer acceptable to the Director, OFCCP, including the NASSAU -SUFFOLK Plan. 6. Are signatories to the NASSAU -SUFFOLK Plan but are parties to collective bargaining agreements with labor organizations which together have failed to make a good faith effort to comply with their obligations under the NASSAU -SUFFOLK Plan and, as a result, have been placed under Part II of the Bid Conditions by the Office of Federal Contract Compliance Programs. B. Requirement -- An Affirmative Action Plan. Contractors described in para- graphs 1 through b above shall be subject to the provisions and requirement of Part li of these Bid Conditions including the goals and timetables for minority/ utiliza- tion, and specific affirmative action steps set forth in Sections B.1 and 2 of this Part 11. The contractor's commitment to the goals for minority utilization as required by this Part 11 constitutes a commitment that it will make every good faith effort to meet such goals. 1. Goals and Timetables. The goals of minority utilization required of the con- tractor are applicable to each trade used by the contractor in the NASSAU -SUFFOLK Plan area and which is not otherwise bound by the provisions of Part I. For all such trades the following goals and timetables shall be applicable. Goals for Minority Utilization Until (1/1/74) (6.0°'a - 8.0°/0) ( } From ( ) to ( ) ( ) From ( ) to ( ) ( ) From ( ) to ( ) ( ) From ( ) to The goals of minority and female utilization above are expressed in terms of hours of training and employment as a proportion of the total number of hours to be worked by the contractor's aggregate work force, which includes all supervisory personnel, in each trade on all projects (both Federal and non -Federal) in the NASSAU -SUFFOLK Plan area during the performance of its contract (i.e., the period beginning with the first day of work on the Federal or federally assisted construction contract and ending with the last day of work) . The hours of minority, employment and training must be substantially uniform throughout the length of the contract in each trade and minorities must be employed evenly on each of the contractor's projects. Therefore, the transfer of minority employees or trainees 1/ "Minority" is defined as including Blacks, Spanish Surnamed Americans, Orientals and American Indians, and includes both minority men and minority women. 2/ In the event that any work which is subject to these Bid Conditions is per- formed in a year later than the latest year for which goals of minority utilization have been established, the goals for the last year of the Bid Conditions will be applicable to such work. r from contractor to contractor or from project -to -project for the purpose of meeting the contractor's goals shall be a violation of Part It of these Bid Conditions. If the contractor counts the nonworking hours of trainees and apprentices in meeting the contractor's goals, such trainees and apprentices must be employed by the contractor during the training period; the contractor must have make a commitment to employ the trainees and apprentices at the completion of their training subject to the availability of employment opportunities; and the trainees must be trained pursuant to training pro- grams approved by the Bureau of Apprenticeship and Training for "Federal Purposes" or approved as supplementing the NASSAU -SUFFOLK. Plan. 2. Specific Affirmative Action Steps. No contractor shall be found to be in noncompliance with Executive Order 11246, as amended, solely on account of its failure to meet its goals, but shall be given an opportunity to demonstrate that the contractor has instituted all the specific affirmative action steps specified in this Part 11 and has made every good faith effort to make these steps work tcword 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 goals for minority utilization has the burden of proving that it has engaged in a affirmative action program directed at increasing minority utilization and that such efforts were at least as extensive and as specific as the following: C* The contractor should hove notified minority orgpnizations 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 riot employed by the contractor the reasons therefor. If such individual was sent to the union hiring hall for referral and not referred bock by the union or if referred, not employed by the contractor, the file should have documented this and the reasons therefor. C. The contractor should have promptly notified the contracting or admin- istering agency and the Office of Federal Contract Compliance Programs when the union or unions with which the contractor has collective bargaining agreements did not refer to the contractor a minority sent by the contractor or when the contractor had other infor- mation that the union referral process has impeded efforts to meet its goals. Q Qh ` d. The contractor should have disseminated its EEO policy within its organization by including it in any employee handbook or policy manual; by publicizing it in com- pany newspapers and annual reports, and by advertising such policy at reasonable intervals in union publications. The EEO policy should be further disseminated by conducting staff meetings to explain and discuss the policy; by posting of the policy; and by review of the policy with minority employees. e. The contractor should have disseminated its EEO policy externally by informing and discussing it with all recruitment sources; by advertising in news media, specifi- cally including minority news media and by notifying and discussing it with all subcon- tractors. f. The contractor should have made both specific and reasonably recurrent written and oral recruitment efforts. Such efforts should have been directed at minority organ- izations, schools with substantial minority enrollment, and minority recruitment and training organizations within the contractor's recruitment area. g. The contractor should have evidence available for inspection that all tests and other selection techniques used to select from among candiates for 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 reasonabie opportunities and perticipated and assisted approved training programs relevant to the its obligations under this Part 11. should have developed on-the-job training in all Deportment of Labor funded and/or contractor's employee needs consistent with 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 Comppiionce 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 i''hat cre t subject to the requirements of Part II at the time of e submission of their bids which, together with tabor organizations with which they have collective bargaining agreements, subsequently become signatory to the NASSAU-SUFFOLK Plan, either individually or through an association, will be deemed bound to their commitments to the NASSAU- SUFFOLK Plan from that time until and unless they once again become subject to the requirements of Part 11 pursuant to Section A. 1-6. 4. Non-discrimination. In no event may a contractor utilize the goals and affirmative action steps required by this Part II in such a manner as to cause cr 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 obligaticns under the terms of these Bid Conditions. Therefore, contractors who are governed by the provisions of either Part I or Part 11 shall be subject to the requirements of that Part regardless of the obligations of its prime contractor or lower tier subcontractors. All contractors performing or to perform worm on projects subject to these Bid Con- ditions hereby agree to inform their wbcontractors in writing of their respective obliga- tions under the terms and requirements of these Bid Conditions, including the provisions relating to goals of minority employment and training.' A. Contractors Subject to Part I. 1. A contractor covered by Part I of these Bid Conditions shall be in compliance with Executive Order 11246, as amended, the implementing regulations and its obligations under Part I, provided the contractor together with the labor or6anization or organizations with which it has a collective bargaining agreement meet the goals for minority utiliza- tion to which they committed themselves solely responsible for any final determination of that question and the consequences thereof. 3. Where OFCCP finds that a contractor has failed to comply with the requirements of the NASSAU-SUFFOLK 'Plan and its obligations under Part I of these Bid Conditions, it shall take such action and/or impose such sanctions as may be appropriate under the Executive Order and its regulations. When the OFCCP proceeds with such formal action it has the burden of proving that the contractor has not met requirements of these Bid Conditions. The failure of the contractor to comply with its obligations under the Equal Opportunity clause shall shift to it the requirement to come forward with evidence to show that it has met the good faith requirements of these Bid Conditions by instituting at least the specific affirmative action steps listed in Part II, Section 2. The contractor must also provide evidence of its steps toward the attainment of its trade's ,goals within the timetables set forth in the NASSAU-SUFFOLK Plan. The pendency of such formal proceedings shall be taken i nto consideration by Federal agencies in determining whether such contractor can comply with the requirements of Executive Order 11246, as amended, as is therefore a "responsible prospective contrcctor" within the meaning of basic principles of Fede of procurement law. B. Contractors Subject to Part 11 . In regard to Part 11 of these Bid Conditions, if the contractor meets the goo s in the NASSAU -SUFFOLK Plan, or can demonstrate that every good faith effort has been make to meet the goal. In that event, no formal sanctions or proceedings leading toward sanctions shall be instituted unless the Office of Federal Contract Compliance Programs determines that the contractor has violated a substantial requirement in the NASSAU -SUFFOLK Plan or Executive Order 11246, as amended, and its implementing regulations, including the failure of such contractor to make a good Faith effort to meet its fair share obligation if provided in the NASSAU - SUFFOLK Plan or has engaged in unlawful discrimination. Such violations shall be deemed to be noncompliance with the Equal Opportunity clause of the contract, and shall be grounds for opposition of the scantions and penalties For in Executive Order 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 mode every good faith effort to meet these goals, the contractor shall be presumed to be in com- pliance with Executive Order 11246, as amended, the implementing regulations and its obligations under Part II of these Bid Conditions. In that event, no formal sanctions or proceedings leading toward sanctions shall be instituted unless the contracting or administering agency otherwise determines that the contractor is violating the Equal Opportunity clause. Where the agency finds that the contractor failed to comply Nvith the require- ments of Executive Order 11246, as amended, the implementing regulations and the obligations under Part II of these 11`id Conditions, the agency shall take such action and impose such sanctions, which include suspension, termination, cancellation, and debarment, as may be appropriate under the Executive Order and its regulations. When the agency proceeds with such formal action it has the burden of proving that the contractor has not met the goals contained in Part II of these Bid Conditions. The contractor's Failure to meet its goals shall shift to it the requirement to come forward with evidence to show that it has met the good Faith requirements of these Bid Conditions by instituting of least the specific affirmative action steps listed in Part 11, Section 2. The pendency of such proceeding shall be token 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 Part II. It shall be no excuse that the union with which the contractor os a collective bar- 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 to Executive Order 11246, as amended, such contractors cannot be considered to be in compliance with Executive Order 11246, as amended, its implementing rules and regulations. Part IV: General Requirements. Contractors are responsible for informing their subcontractors in writing, regards of tier, as to their respective obligations under Parts I and II hereof, as applicable. Whenever a contractor subcontracts a portion of work in any trade covered by these Bid Conditions, it shall include these Bid Conditions in such subcontracts and each subcontractor shall be bound by these Bid Conditions to the full extent as if it were the prime contractor. The contractor shall not, however, be held accountable for the failure of its subcontractors to fulfill their obligations under these Bid Conditions. However, the prime contractor shall give notice to the! Assistant ; Regional Administrator of the Office of Federal Contract Compliance Programs of the Department of Labor and to the contracting or administering agency of any refusal or failure of any subcontractor to fulfill its obligations under these Bid Conditions. A subcontractor's failure to comply will be treated in the some manner as such failure by a prime contractor. 2. Contractors hereby agree to refrain from entering into any contract or con- tract modification subject to Executive Order 11246, as amended, with a contractor debarred from, or who is determined not to be a "responsible" bidder for Government contracts and Federally -assisted construction contracts pursuant to. the Executive Order. 3. The contractor sliall 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 noncomplicore with these Bid Conditions and Executive Order 11246, as amended. 4. Nothing herein is intended to relieve any contractor during the term of its contract from compliance with Executive Order 11246, as amended, and the Equal Opportunity clause of its contract with respect to matters not covered in the NASSAU - SUFFOLK Plan or in Part 11 of these Bid Conditions. ZI The procedures set forth in these Bid Conditions shall not apply to any contract which the head of the contracting or administering agency determines is essential to the national security and its award without following such procedures is necessary to the national security. Upon making such a determination, the agency head will notify, in writing, the Director of the Office of Federal Contract Compliance Programs within thirty days. 6. Requests for exemptions from these Bid Conditions must be made , in writing, with justification, to the Director, Office of Federal Contract Compliance Programs, U.S. Department of Labor, Washington, D.C. 20210, and shall be forwarded through and with the endorsement of the head of the contracting or administering agency. 7. Contractors must keep such records and file such reports relating to the provisions of these Bid Conditions as shall be required by the contracting or admin- istering agency or the Office of Federal Contract Compliance Programs. . e U • SUPERSEDEAS DECISION STATE) NEW YORK COUNT IESt NASSAI 6 SUFFOLK DECISION NO. HY63-3027 DATE DATE OF I LIGATION SUPERSEDES DECISON NO. NYBI-3048 dated July 17, 1981 In 46 FR 37197 DESCRIPTIpN OF WORKt Building, Resldentl.tl (includes single family homes and apartments up to and including 4 stories), Hoavy 4 )Highway Construction Projects Reek fee." Neu wl Irl u, r 8-111. alb, a.T ASBESTOS WORKERS 16.14 7.03cormunmatlon systems BOILERMAKERS 19.09 1214•0411i a,J c,,n0rcir.l ' BRICKLAYERS 17.22 6.17 Ic1 ,:1:-cu•I..vrrla! devices CARPENTERS ,0.. .. nu✓:h r Nassau County (except is ; •11 :A. elect - that part South of the tical ccr.tract { 9157• s Southern State Parkway ELEVATOP ,CONSTRUCTORS 14.99 2.33-` West of Seaford Creek, � � +C also, Smithtown Islip ELEVATOR CONSTRUCTORS' line on the East, Long' I HELPERS 1 11.24) 2.31-t Island Sound on.the Nort -and Middle Island RR .track on the South Carpenters, Millwrights 1!Piledrivore, Soft Tloot Layers, Acostical, Ory,, wall Residential (under twit stories) ' t Building ' Heavy 6 highway Remainder of Nassau Count Building, Residential, Heavy 6 Highway Suffolk County Residential (2 stories 6 under) Building Heavy 6 highway CF.M1:14T MASONS DIVERS ELECTRICIANS Building Wiring of elnq)e or mult Iple fAMlly dwellings L spar tmnnts up to end in- cluding 2 storien Installation of lelovin- Inn recelvrrs, Indio re- cnlvnrs, record playas, and asnocitetad apparatus and nut ranee and home appllAnren And e1nsrd clrc•uil TV Rud mnitlpin outlet dintrlbutlnn syn- trmn, sound sold l0ter- I , 12.67 17.37 17.6S 17.37 16.11 16.15 16.'20 14.15 15.69 18.55 12.20 +c . 2.13+E 5.70 1.59 I.S9 4.57 1 231- .7540 . 3114.7E d, ) { bf.C'ISloti NO. I(Y111-1027 puddler• on concrete pay ,sent, asphalt plant (bat Eder 1 ho ?per nen), all other unskilled laborers IARDLE SETTERS cutters 6 Betters Carvers Polishers Crane operators( derrkck men Marble Finishers 1I I.LWRIGMTS 'HINTERS Suffolk Countyt Basic Scaffold work, rolling scaffold 18 ft, and over, spraying SkructurhI steel Z" Bond blasting, Nassau County (Inwood, Lawrence, Cederhurst, Woodmere, Hewlett, Hewlett Bay; Hewlett Nock, Hewlett Park, Esit Rockaway, pat of Oceanside, part of Ly brook, part of Rockville Center, Atlantic beach, Long beach, Lido beach, Point Lookout, Olbsore am port of Valley Streams Painters Spray Fire Escapes' Nassau County (Remainder of County)1 Painters Spray, Open Steel, Swim Ing Scaffold, Rolling Scaffold 11 ft. or over Sandblasting 'AJ'ER11A11(IER9 'I.ASTF.RF.RS LUM11ERS 1 Nansno County Kulldlnq, Ilnavy t High- way Construction Raaldentisl 301.11(11.1 (rnpAlr of pre- sent plumbing seyntems that. does not Chnngo the exintin roughiny or ani Minns a tlltationa )oh 10.67 11.21 1i. 16 15.69 15.21 14.21 16.45 11.95 Page 1 where the change to the exleting roughing does net have a labor Cost .75+23In excess of $1,500.00 +dSuffolk County POWFR EQUIPMENT OPr.RATOR: 4. 19,e (BUILDING CONSTRUCTION)) 4.19+1 Class t 2.f04e Glass 2 4.34+c 1 2.90+c ' 6.46 Class 4 4.43 Class S Class 6 4.11 Class 7 4.41 class 6 Clan f . Class 10 class 11 Close 12 Class 11 14.041.01+301 17.05 .01+301 Clns 14-A i6.o5.O1.Jo1 Clara 14-9 13.451 4.07 Class 14-C 15.1 17.2 17.1 15.4 16.1 10.5 Class 14-0 4.07 4.07 Class 15 3)1 1,22 Class 16 Class 17 4.97 Class 111 1.40 Class 19 Class 20 Nw Ar � I,In t, s,,.nt1 1 9.00 2.72 17.05 6.04 17.080 2..C- 1114 ! 17.355 2.4C- 17.25512 6'-= 15.905 2.::_ 16.905 17.105 2.40 11-. 16.655 2.:7- 61.! 17.480 2.40: BI-. 16.905 2.10 111+. 17.45S 2.:C- 1%+! 17.05512.40 - It +f. 7.0562.10 - 61+f. 16.175 2.4C+ 61 +. 17.71 2-0- 18.23 2.10 111+. 111.16 61.! 19.73 2.::- el-! 20.21 2.:^- 61+! 16.115 2.10. si-- 17.23 2.0- 1 7.28 7.40- 17.07 2.40• It. 16.60 7.40$ R1-! 17.31 2.:'• It.! i , I ELEVATOR CONSTRUCTORS' I , 1 i HELPER (PROBATIONARY) !.7.561 OOERNIZATION 6 REPAIR .11 ELEVATOR CONSTRUCTORS •DBRNISATION 6 REPAIR ELEVATORS CONSTRUCTORS' 2.3S HELPERS ' 1 6.42' 6.01 6.01 MODERNIZATION 6 REPAIR P.IEVATOR OONSTRUCTORS' HELPERS (PROBATIONARY) 5,615 4.63 OLAZI F.RS 16.75' IRONWORKERS 1 i Structural 15.50' 2S Ornamental Finisher 15.50 5.14 LABORERS (BUILDING) 12.71• 5.44 3.71 [.ADORERS (HEAVY 6 11I011- 4.735 WAY)t Couerete 6 Curb form set - 171+.70 ten, asphalt rnkern 11.39 A,ephslt workers 6 roller boys, ArphAlt tap 0110VOI 341+.70 era 6 emouthers asphalt tnmpa n, 11.11 t Jnrkhaemmra,i drill mAn, Uopprrmenrarpcnlrrn' tendo n, O pre jnlntern t nettwn, connr,•lc lAhorerl (,Itna•tnre,nl, el non aprradinq labon•rn, track men, grndinq 6 rxrAvAting Inhon•ree, yard Habnreto, +c . 2.13+E 5.70 1.59 I.S9 4.57 1 231- .7540 . 3114.7E d, ) { bf.C'ISloti NO. I(Y111-1027 puddler• on concrete pay ,sent, asphalt plant (bat Eder 1 ho ?per nen), all other unskilled laborers IARDLE SETTERS cutters 6 Betters Carvers Polishers Crane operators( derrkck men Marble Finishers 1I I.LWRIGMTS 'HINTERS Suffolk Countyt Basic Scaffold work, rolling scaffold 18 ft, and over, spraying SkructurhI steel Z" Bond blasting, Nassau County (Inwood, Lawrence, Cederhurst, Woodmere, Hewlett, Hewlett Bay; Hewlett Nock, Hewlett Park, Esit Rockaway, pat of Oceanside, part of Ly brook, part of Rockville Center, Atlantic beach, Long beach, Lido beach, Point Lookout, Olbsore am port of Valley Streams Painters Spray Fire Escapes' Nassau County (Remainder of County)1 Painters Spray, Open Steel, Swim Ing Scaffold, Rolling Scaffold 11 ft. or over Sandblasting 'AJ'ER11A11(IER9 'I.ASTF.RF.RS LUM11ERS 1 Nansno County Kulldlnq, Ilnavy t High- way Construction Raaldentisl 301.11(11.1 (rnpAlr of pre- sent plumbing seyntems that. does not Chnngo the exintin roughiny or ani Minns a tlltationa )oh 10.67 11.21 1i. 16 15.69 15.21 14.21 16.45 11.95 Page 1 where the change to the exleting roughing does net have a labor Cost .75+23In excess of $1,500.00 +dSuffolk County POWFR EQUIPMENT OPr.RATOR: 4. 19,e (BUILDING CONSTRUCTION)) 4.19+1 Class t 2.f04e Glass 2 4.34+c 1 2.90+c ' 6.46 Class 4 4.43 Class S Class 6 4.11 Class 7 4.41 class 6 Clan f . Class 10 class 11 Close 12 Class 11 14.041.01+301 17.05 .01+301 Clns 14-A i6.o5.O1.Jo1 Clara 14-9 13.451 4.07 Class 14-C 15.1 17.2 17.1 15.4 16.1 10.5 Class 14-0 4.07 4.07 Class 15 3)1 1,22 Class 16 Class 17 4.97 Class 111 1.40 Class 19 Class 20 Nw Ar � I,In t, s,,.nt1 1 9.00 2.72 17.05 6.04 17.080 2..C- 1114 ! 17.355 2.4C- 17.25512 6'-= 15.905 2.::_ 16.905 17.105 2.40 11-. 16.655 2.:7- 61.! 17.480 2.40: BI-. 16.905 2.10 111+. 17.45S 2.:C- 1%+! 17.05512.40 - It +f. 7.0562.10 - 61+f. 16.175 2.4C+ 61 +. 17.71 2-0- 18.23 2.10 111+. 111.16 61.! 19.73 2.::- el-! 20.21 2.:^- 61+! 16.115 2.10. si-- 17.23 2.0- 1 7.28 7.40- 17.07 2.40• It. 16.60 7.40$ R1-! 17.31 2.:'• It.! i , I • 11 DECISION NO. NY41-3027 POWER EQUIPMENT OPERATORS (BUILDING CONSTkUCTION) (CONT'O) Class 21 Class 22 Class 23 Clare 24 ' cl.obs 25 1 Class 26 Class 27 Ctass 20 Class 29 Class 30 Close 31 Class 32 Class 33 Class 34 Class 35 MIER LQUIPMENT OPEIIATORS IIIEAVY a N1(:IIIIAY) ". Clams 1 Claus 2 Class 3 Class 4 Cl408 9 Class 6 Clea■ 7 Claus / 1 Class 9 rage ] 19.95 1 2, 40+ I C14416 10 slot 1 15.51 2. 40f Cid_-- 11 Ol+t i 18.13 2.60, Clans 12 814 t 16.67 2. 4u+ I Clebu !1 O1ot 17.15 2.40+ "1 -.,1 14 8t.r 14.87 2.404 _.... .. $tit 15.18 2. 400 Claus 16 stir 17.291 2.40, Cloaa 17 e1+t 17. ?01 2.40+ Claus Is tlloC 17.08 1 2.401 Claus 19 bite 15.89 2.40+ Class 20 e14r 17.]0. 2.60, Class 24 B1of 17.70 3.40# Class 23 O1rt 14.67 2440! Claes 27 slo[ 16.96 2.40+ Class 24 eu t Class 25 17.08 2.401 ItOOrens Iltg slate 6 Tile 17.45 2.40+ WOterprooter slog BIIEET METAL WORKERS 17.30 2.40, SPRINKLER rITTERs 6 slog 5rt:AMr1TTENS 14.03 2.404 STONE DERRICKMEN 6 slog 'R100ER8 16.38 2.40♦ STONEMASON& 1 1149 T•CRRAllO WORKERS 17.02 2,404 TERRA2'20 rIN1S11ERS 1lo9 TILb SETTERS ' 10.27 2,40o TILE rlN131ILlls 1949 TRUCE DRIVbhs, 46.80 2.404- building 8t+9 R4ady-1019 conoratr, 11.10 7.404 ssnd, 4nvul, eupheI 1919 6 pulk o&sant ' 1 I Eucllds 6 Turnapulla Noavy ' S4olfd■ 6 Tufnapulls N19h Viso 117.41 15.89 16.21 15.18 16.91 14.06 16.46 17.27 14.09 16.62 14.07 16.44 15.12 16.56 17.70 16.65 11.07 12.31 12.15 16.01 14.88 17.71 13.36 12.07 3.1e 7;71 r-,. 6 -hu 12.60+ I9+q 2.40+ 8t.9 2.40t 61+9 2.40• slog 2.40• 2.4)- 8/+; 2.40- tl6,y 2.40 - Oto) 2.40- 6149 2.40r 61+g 2.404 8"'] 2.40+ et,g 2.40. BY,9 2.40t 61+g 2.40+ et+q 2.40 - as t.) 3.95 6.27 l.8B+1_I 5.73 5.25 5.7$ 2.82 2.71' 4.395 1.825 9.11 1.064•( 9.225 1.06.1111. /.� 9. ` 1.0 1.061.61-t• / 1 I DECISION NO. NYs1-3027 Page 4 I WELDER -4 - reeulvu rate prescribed for craft to which welding is Incidental Unlisted clauxlfleatlnna ..eeded For work not Included within the suopa of elaealttcatluna 11►tedmaybe added atter awaronly provided In tile labor standards contract clausar d 129 DFA S.5 (al(1)(1ar1 Y00'1' NOT �S o PAID IIOLIOAYS" A - New Year's Day, 0 - mu'"orlal Day) C - Indupundeaca Day, D - Labor Day, E - T'huukagivl ng nay, r - Chriyteau Day A- Paid II011Jay►" A through r. Prumwe nt's Day, the anniversary of the a,Npluyuu's data of aNy.loysunt, slid Uw u0upluy0e's birU"day. All alnplOYlq,a whoad c9,1tlnuoutt Narvlco Credit I.a,)an prior to April 1 Ot U's current year •ball be untitled to a vac. tion Of one week, and the 0aployea whose contlnuuua rurvlcu credit utbrtud prlur to October 1 oI the precedi"0g year shall be untitled to A vacation or two weeks. Employuur whu un March 31 lit the current yuar have continuous aervlce credit of rix yearb or Mora with the Cumpsny sl.all be untitled to a vacation In aucutd4nc0 with lhu follewlug uchudulu. 6 years but tau Ulan 7 yuara 2 week- and I day 1 ymara but 1.69 than 6 yuats 2 wuuke and 2 days O years but lobs than 9 years 2 weeks and 1 days 9 ysarm but loam than 10 yuara 2 ww ks and 4 days 10 years but lura than IS yur0 3 wuukm 15 yuacm but lura than 25 your• 4 weeks 25 Yeats still Over 5 wouka An employee mhall be paid for obsrnne d.b, to personal 111,1040, parsons' injury, Or dust" Lt tlw Imawdiatu family at his basic rate for a purled of five (5) days In any oalandur year. b. Employer cuntribulas 66/4ay, C. Paid Holidayys, A through F Lincoln's birthday, Washington'■ Birthday, COluabue Day,-AcAltice Day, and Friday atter Thanksgiving d. Pa14 ((olldayno A through F. Columbus Day, Llnooln'■ Birthday, , Washington's birthday. Veteran's Day, and Election Day, provided the amployel Worked or shows up for work on the schedule day butore and the 0choduleyyl1 day atter the holiday. a. Faid 11o11d-gym , One halt day's pay for Labor Day t. Paid 11011dayal A tj"rough rI W nooln'■ elrthday, Washington'& birthday, •COlyabua Day, tlootlon DAY, and Veteran'& Oily. Lyy P414 lolldayya" A through f) Llncoln's birthday, Washln ton's itimlur ley, 9lactiop Da and V ' QQ works the day atter too hoj ' N ssnldsy, r Day, provided employs* h, For &#ph It days wo ked with aha oontrao6 year an employee'will rao,iv& oP';day's ,y&oat On with pay, max1r0uw vacation of vgkr per. year., EaOpio aj 090trl0ut&& 14.00 Pat* day to Socurity rund. t� W DECISION NO. NY OI -1027 Purge S CUISSIFIChTION DESCRIPTIONS -POWER EQUIPMENT OPERATORS BUILDING CONSTRUCTIONI Class 11 Aspthalt spreader Class 2s 0 cil�hloe, dragllne, gradall, piledriver, shovel Class It 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 11 Bending otichlne, generator (smell), vibrator (1 to 5) dinky locomotive Class 51 Boiler, bulldozer, compressor Ion crane). compressor (pile work), compressor (stone setting), concrete breaker, conveyor, gene - rotor (pilework), loading machine (front end), maintenance engineer, mechanical conepacters (machine drawn), powerhouse, power winch truck mounted (used for other than steel or stone), pulvi-mixer, power winch (used for other than steel), pump (double action diaphram), pump (gyp- -aim), pump (hydraulic), pump (jet), pump (single action - 1 to 11, pump (well point), welding and burning, welding machine (pllework) Class 61 Boom truck, crane (crawler or truck), conveyor -multi plant engineer, stone spreader (self-propelled) •• Chess 71 Compressor, compressor (2 or more In betterVC 9eneiatot,' 1.1•. mulch machine, pin puller, portable heaters, pump (1 loch or over), I tree tamper, welding machine Claes Is Crane and boom'truck (setting ettuctural or stone i( Class 91 Bulldozer (use for excavation), fireman, loading machine, pohw•rhoom, scoop (carr all scraper) vac -all Claes 101 0111 or maxim spreader, concrete spreader, derrick, sideboo* tractor Clams Ili Compressor (structural steel.) Class 121 Concrete saw or cutter, mixer (with skip), mixer (2 small, with or without skip), pump (up to 1 Inches), tractor caterpillar or wheel Class 111 Crane with clam shell bucket Class 111 Crane, crawler or trucks s. Boom lengths of 100' (including jib) but loss than 150' b. boom lengths of 150' (including jib) but less than 250' C. Boom lengths of 250' (including jib) but leve than 150' it. Room lengthe of 150' Clone 15t Curb m,,chine (asphalt or concrete), curing machine, pump (e ubernlbinl, tower crane walnlenanco man Claes 161 Dredqe Class 171 Elevator, forklift, hoist (ldrun) Clone l81 Forklift (walk -behind, power operated) Clava 19( GI ndar Clans 701 Iloiut (2 and drum) Clans 211 Ilnlot. Imulllplo pinlrolm) Clans 211 Mechanical enml.aclera (hand oporated))a trench machine (hand) C l,.na 711 Ilolal lnnd.•,n 1.1"th"in Clnua 71, Ilydrn-hapauor, rldge Cutter Claxo 251 Luadluq maehlno (with cepncity of 10 yds, or over') Cl nils 261 Oiler, atump Chipper • DECISION NO. NY91-1027 Page 6 CLASSIFICATION DESCRIPTIONS -POWER EQUIPMENT OPERATORS (CON -T) Class 271 Power buggies Class 211 Roller, trench Machine Clave 291 Scoop, carry -all, scraper in tandem Close 101 Sldeboom tractor (used In tank work) Claes 11t Stripping machine Class 721 Tank work Class lit Tower crane (engineer) Close 711 Tower crane (61ler) Class 751 Welding machine, structural steel HEAVY 6 HIGHWAY CONSTRUCTION Class I1 Asphalt spreader, boom truck, boring machine (other than Post holes), C141 or maxim spreader, crane (crawler or truck), con- veyor (multi), plant engineer, concrete spreader, sideboom tractor. stone spreader, (self-propelled), cherry picker 'Class 21 Backhoe, crane (stone setting), crane (structural steel), dragllne, gradall, piledriver, road paver, shovel Class 21Batchlny plant (on site of job), crane (on barge), derrick, aideboom tractor (used In tank work), tank work s. Class It, Bending Machines mechanical compactors (hand operated), pump (oentrifugall up to I inches), trench machine(hand) I... S1. Boiler . ..etas: `1• Boring machine (post holes) t Clasen It Bulldozer, concrete finishing machine, conveyor, curb 1 machine, aephalt or concrete), curing machine, dinky locomotive, fireman, forklift, hoist (1 drum), loading machine, maintenance engineer, pulls-selxer, pump (1 in. or over ), pulp (hydraulic), DUMP (jet), pump (submersible), pump (well point), roller (5 tons and over scoopA carry -all, scraper), maintenance man (twar crane), ( vac -:11, welding 6 burning Clams 91 Compressor (on crane), generator (pile work), welding Machine (pile work), power winch (used for other than stone or structure) steel) poser house, loading machine (front end), coal- presoor (pile work), power winch (truck mounted, used tot other than stone or steel), hoist (2 drum) Class 91 Compressor (2 or more In battery) Cines 10, Compressor (stone setting), compressor (structural steel), welding mulchino(structural steel) Close Ili Compressor, mulch machine, pin puller, pump (double action diaphlaget), pump (gypsum), pump (single action 1 to 1), e tripinq mchine, welding machine Class 171aLoading machine, with bucket capacity of 10 yards or Over Class 111 Concrete breaker, concrete saw or cutter, forklift (walk -b Ahind, poser operatedl, hydra -hammer, mixer (with skip). mixer 0 small wth or without *kill), mixer 12 bag or over with or without skip), power buggies, power grinders, ridge cutter Class 111 Dredgo Class 151 rJenorator (small) Clans 161 Ore,lor DECISION N0. My$1-3027 Page 7 QLASSIYICATIOM DCSCAI1rTION8-rOMEA LQU1rMt"T OPEAAN116 (CON -T) DUILDIW CONSTRUCTION& Claes 17t 1101st 0 drum), pwar winch (truck mounted• used toe stone or •Leal), power winch (used toe atone setting 6 structural steel). trench machine Claes let Mechanic Claes 198 Mechanical convectors (machine drawn), roller lover S lona) Class 20t Oiler, root cutter, stoop c141ppur, towur crane(ollor, track tamper). (2 engineers, each) Claes 214 Portable heaters Claes 221 Pwar bourn Class 214 Pump (concrete) Class 261 bcuup (carry -ell, scraper In tandem), tower clano (enginaur) •Claes 251 Tractor (caterpillar or wheel) n SUPERSEDEAS DECISION BTATEI Texas COUNTIX51 SlalewlJe DECISION NO.s Trel-6053 DATCI Dale 001 rubllc.lion Supersedes Decision No. 7'X02-6052, dated October 29, 1902 In 67 fA 69211. DESCRIPTION OP NORM see 'Area Covered by Various tones' Air Tool Man Asphalt 11eate9mon A 61.halt P.ker Asphalt Shoveler batching Plant Scaleman balterboard setlel C a1 pat4l e r .Carpenter Uelper Concrete rinlaher (Paving) Concrete rinlsher uelper (Paving$ Concrete rinlshet (structures Concrete rinl4he[ Nelpat (structures) Conceal* Rubber Elactriclan Electrician Helper tura bulider (Structu[es) rare builder Helper (structures) ruts Liner (Paving 6 Curb$ rots Satter [Paving 6 Curb) form Setter Itelpot (Paving I, Curb) rots $otter (structures) ors Getter Halpet (structure 1410016;, ce.=n aborpfr, Utility Man it h qu1.1der, Stick McCh6n0 1 14 th4o o Wolper e6ry Oscan ! N nh IBttuetunq , 1PO10 /t b Iver ff4i bm��10 M�(tarma0 I • �ow06 limen :tinttclho steel setter 06v16 1 j1tlAforOlnq�steel sttt6r i (bltl+ctul66) ZONE 1 CONE 1 1011E 3 ZOME 6 ZOtC S 2-1. 6.da Hak H.1a 6.Ja 1 M..dr N..dr Nw.lr N.wlr N.w1r e.4 a•4u a.,.. a.4.. a.. 6.00 5.70 !0. to 5.15 5.00 - '•1 5.3S S.t7 - - a.d0 6.65 6.15 6.60 6.30 - - - , 7.70 - - - 6.20 6.50 7.10 6.20 5.65 6.25 t 5.25 $.SO 5.10 6.70 5.05 7.7$ 7.15 7.50 7.05 6.2S 6.50 - 5.60 - 6.00 I 1 7.10 7.2S S.90 5.60 6.26 3.60 {.00 5.00 6.00 5.05 I 6.50 7.75 11.50 11.30 10. 5S I- S.7S - 0.20 5.05 4.75 7.70 $.15 6.00 5.15 - 6.95 6.60 5.00 7.75 - - - 5.20 7.05 7.15 6.25 - 6.05 6.00 - 6.75 7.55 7.10 6.65 5.35 6.25 1 5.95 6.25 5.50 1.75 6:95 6.90 1.65 6.60 6.10 6.15 $.SO S.SS 6.00 1.90 6.75 6.00 0.75 7.60 7.20 6.50 7.05 6.55 - 9.60 - I:2S 6.15 . 5.10 5.6S S.}s 5.00 6.65 6.60 5.6s 5.70 NOS I 6.00 - - 6.95 - - S.3S ;.- - 116$ " 6.90 7.10 5.70 0.50 6.7s {.00 6.75 6.10 -. 5.50 6.05 - 6.60 9.20 6.25 1 4a. a 15. FAIROUZ 1L� SIC PA=OLL rMCRIZ OF COQ 1?bCTO'n LSD SU3-101'ri1-ACT023 The Contrt�rto:.• and each rubcontrnotorr ehal.l pr^par� hio .p?tiv?�llg on forma saticfactcry to a-ld in accoi-O,1_._e with ir_:.tr:ction9 to bo Airn.iched by the Locc l -Dablic .�gvncy or Public Body. The Contractor shall c lvai.t ,:eekly to the Local Public ICmlcy or 1,?iclic Boy tN:•o eeri•i£ied copies of all pa.,-rolis of the Contractor and of the mibcon- tractors, it being u_iderotood that the Cont.r.cto:: shall be racpo� _cilble for the submssicn of copies of of all subcDntractors. Each etch payroll eh'11 contain the Tdee:.ly Statement of Coz_mlivlce" sot forth in Section 3.3 of Title 29, Code of Federal Rc,;: lations. Tho My-colls -.nd basic payroll records of the Contractor each uabcon- tractor coverirZ all laborers and machazics e=nloyed. upon the mo ,.- covored by this Contract s',,u l 1 be P a i n 1]i: d dl:nc CO?1_ oe of the wore. an press; -red f0- a peri :1 of 3 'Gar; 'Ci.GI'; c1ftC' . �?C1i 'ea; , --\113 rcCcr'da-._',Z.11 cc-nt ,. , th--, za E..n Z:Cid.:" :Ss Of each £titch e?.ployee, his corr3c't raise of 1 --ay .--dtL-0 of CO:iir'ih:;titin cost-3 a i � ` t crib GT C 3 ....'1•GrC_:Jc_tG�1 Of a „r;,,,,� d :l sad L Sec-viU:l 1(b)(2) of the Davio-Bacon Act), drily Lnd . eo_:Iy of 'rouro worried r deductions made, and act,l,:l was. ds p,^,i^.. In c^. do i- i0_l. i:henover the Secretary of Labor has found u.^der SecMoil 5.5(x:) (1) (iv) of "'itl e 291 Code of Federal 1leoilatio^s, t int, the woes of any lc.bo.rr or mecaar�c i?riclude the amount of a ;v coots reasonably anticipated _n providln benefi-s vnder a plan or doscrihed in 'J'c:ction* 1.(D)(2)(P) O-' the Davio-_Pa con Act, the Co.ntractor.or subcontractor shall maintain i'ecor3z which short that the coo=i.t=n'v to provide such benefits is enforceable, th;:t the plan or p-ogr= is fi-nancially responsible, and tha=t the plan or progrxm has been con=-u-nicat-od in vritin,; to the laborers or mechanics affected, and records which show the costa anticipated or the actual coot incu_-=ed Li provi::izLr Such banefito. The Contractor and each subcont actor sh—ml , nye his employ_:,_nt records with respect to p ---sons emplo,gad by him upon the wor-_ covered b•,• this Contract available for inamection by authorised ^cprLeentctivoo of the Secrata y of Housing P-nd Urb= D2velo�.,n: nt, the Local. Public G ;ncy or Public Body, and the United States Depczt=nt of Labor. Such renreccntltives cha-11 be per_-.itted to intern,iew employaes of the Contractor o'r of any subcontractor during workir,3 hours on the job. NUO/F)(s0 • C1 e•r+� `in, 44-R1 Zoe f� — STANDARD FORM - 257 MONTHLY E:`:PLOYXZNIT (Aug. 1975) UTILI2AT-*" �E?0?T As prescribed :p the!!i?t. o: mbar ioPCc?) (gee r.verse for L -%3t uccicrs) .: cps.&-b_:y -. LCa Vicnth. Year ) This report is required by Executive Order 11246, Section railure to rcp::rt can result in sanctions which include suspersior., termination, cancellations or debarment of cont7lf!t. To: (N=e and location c: C,=,!iance :.gent, ) Frcm:, and iocatiea o: cant:actc: 1 'Earle Fisher, Contract Co=liance Officer FRZO Division Dept. of Housing & Urban Developmaat 26 Federal Plaza, 34th Floor Nev York, N.Y. 10007 Na=e b Address of Project: 1. coepa _:V's Name (Z. D.) �• "ride Z .• %_ a:no- Work Hours of ^IcTent (sae factrote) I::t a/hyo' f=te=a total terW/%. •io..s ^a.a' =1a � Total �^ i -I =e= --=-- -'c -+-C -- �.o_ _ , cis it's ,'•ps C Ao Tr I + C Ar, i C I Tr + 1 C i Ap T- An C --�I C An Tr C i I A A C r ! y + i7. Co=parq O::ic:al' s Jap' =c: -re arab._:-' d. .,ato + J�rea 7- (IncludetArt& Code) (t ?tales Females ;* Mizorities :. non -minorities) ?age of The E—p.oyaent Utiliz:ticn Report is to be ccmcl9tad by esc;l suaject co.a_r�cco. (both pri and subcontractors) °Ad si,=ed by s � >> - company. The reports are to be filed on the day .required,�each iaor.l„,.duri the term of the contract, and they shall include tae total work -hours :;or ear." for each employee level in each desig-aced trade for the entire reporting period. The prime contractor shall submit a report for its aggregate work force and sr;_11 collect and submit rmnorts ifor each subcontractor's ag regate work forcz to tie Federal Ccrnilance Agency that is funding their constrsction project. Reporting Period . . . • Self-explaaatory. Compliance Agency . . . . . • • • U* S. GOverrzent contracting or tering agency respc:sible for equal e=piby- - _.... _... ©ent opportunity on the project. .. _ Contractor . . . . Any contractor who has a constructicc con- tract witz the U. S. Govern--ent or applicant .(See OFCCP Regs. 60-1.3). 1. Company's Na_e .. Any contractor or subcontractor u -no -las a federally involved contract. 2. Trade Only those crafts covered under ap;l:cable Federal EZO bid ccnditions. 3. Work -.ours of Employrment Ihe total number of hours worked by all - employees in each classification; the total number of hours worked by each �'- inority group in each classification end the total work -hours for all women. Classification The level of accomplishment or status c: the worker in the trade. (C = Craftworker - -Qualified, Ap m Apprentice, Tr = Trainee) • 4. Percent of minority work - hours of total work -hours . 3. Total Nu=ber of minority employeeN.. . b. Total Number of Employees .: . 0 The percentage of total mirority work -hours worked of all work -hours worked. (The sum cf columns b, c, d and a divided by colur-n a.) Number of minority employees working in contractor's aggregate work force duri:.g reporting period. Number of all employees working in con- tractor's aggregate work force during reporting period. Minority is defined.as including Blacks, Hispanics, American Indians and Asian and Pacific Islanders both men and women. CPO tas-941 ' b ., COMMU:MY OV/--LO?ME,,4 L V ::aN �. ��ecx cru PROGRAM C011TRACTOR'S CI:R;IFICATION CONCERNING LAWCOR STANDARDS A140 PREVAILING ulAG"c REQUIREMENTS 7_ 0itp^ opriorr Rq:ipaenu: DATE ' UJECT NUMBER flfany) 1. The undersigned, having executed a contract with for the construction of the above -identified project, acknowledges that: (a) The Labor Standards provisions are included in the aforesaid contract; (b) Correction of any infractions of the aforesaid conditions, including infractions by any of his su any lower tic: subcontractors, is his responsibility; bcontraeton and He certifies that: ther jai ineligible he nor any firm, partnership le association in which lie has substantial interest is designated as an irleiigible contractor by the Comptroller General of the United States pursuant to Section 5.6(b) of the Regulations of the Secretary of Labor, part 5 (29 CFR, parr 5) or pursuant to Section 3(a) of the Davis -Bacon Act, as amended (40 V.S.C. 276a -2(a)). (b) No part of the aforementioned contract has been or will I-,• subcontracted to any subcontractor if such sub- contractor or any firm, corporation, partnership or association in which such subcontractor has a substantial interest is designated as an ineligible contractor pursuant to any of the aforementioned regulatory or statutory provisions. 3. He agrees to obtain and forward to the aforementioned recipient within ten days after the execution of anysubcontract, including those executed by his subcontractors and anv lower tier subcontractors, a Subcontractor's Certifica-ion Concerning Labor Standards and Prevailing Wage Requirements executed by the subcontractors. 4. He certifies shot: (oj The iM,al none and the business address of the undersigned ore: (b) The unaerslgned is: (t) A sINGLE PROPRIETOgSNIP 121 A PARTNtRSHIP (e) The enmw. Hri....I .JJ____ _r.� ISI A CORPORATION ORGANIZED IN THE STATE Or, v rn ER ORGAN12ATIC,N MUO-1421 —T:; { i 4 ., COMMU:MY OV/--LO?ME,,4 L V ::aN �. ��ecx cru PROGRAM C011TRACTOR'S CI:R;IFICATION CONCERNING LAWCOR STANDARDS A140 PREVAILING ulAG"c REQUIREMENTS 7_ 0itp^ opriorr Rq:ipaenu: DATE ' UJECT NUMBER flfany) 1. The undersigned, having executed a contract with for the construction of the above -identified project, acknowledges that: (a) The Labor Standards provisions are included in the aforesaid contract; (b) Correction of any infractions of the aforesaid conditions, including infractions by any of his su any lower tic: subcontractors, is his responsibility; bcontraeton and He certifies that: ther jai ineligible he nor any firm, partnership le association in which lie has substantial interest is designated as an irleiigible contractor by the Comptroller General of the United States pursuant to Section 5.6(b) of the Regulations of the Secretary of Labor, part 5 (29 CFR, parr 5) or pursuant to Section 3(a) of the Davis -Bacon Act, as amended (40 V.S.C. 276a -2(a)). (b) No part of the aforementioned contract has been or will I-,• subcontracted to any subcontractor if such sub- contractor or any firm, corporation, partnership or association in which such subcontractor has a substantial interest is designated as an ineligible contractor pursuant to any of the aforementioned regulatory or statutory provisions. 3. He agrees to obtain and forward to the aforementioned recipient within ten days after the execution of anysubcontract, including those executed by his subcontractors and anv lower tier subcontractors, a Subcontractor's Certifica-ion Concerning Labor Standards and Prevailing Wage Requirements executed by the subcontractors. 4. He certifies shot: (oj The iM,al none and the business address of the undersigned ore: (b) The unaerslgned is: (t) A sINGLE PROPRIETOgSNIP 121 A PARTNtRSHIP (e) The enmw. Hri....I .JJ____ _r.� ISI A CORPORATION ORGANIZED IN THE STATE Or, v rn ER ORGAN12ATIC,N MUO-1421 —T:; 1 . _ • (d) The na:ees and addresses r,i aL' other s, personbe it ,,ru•;; } E end : ate, „�ytng a subsec:nt:al in7h;7,,,,, and tee nC,ure of the interest cre (if nane, ;o stnrrlr strstgced, Date (Contractor) By WARNING U.S. Criminal Code, Section 1010, Title 18, U.S.C., provides in pare ,Whaav&r, .... Makes, passes, utters or publishes any statement. knowing the same to be !alae ..... shall be fined not more then 53,000 or iaprtsoned not more than two years, or both." r 1 iso aeawaa E'] r U.5. DEPARTMENT OF HOU SIN0, URBAN DLA fU):'-:LNT COMMUNITY DEVELOPMENT VLOCK GRAN"; f'R Gi'A,i SUBCONTRACTOR': CE%T1F1CA T 1014 CONCERNING LACOR STANDARDS I.IJC PRE •'AILINtl WAGE REOMEMENTS TO (•I ppropriate Recipiert): OAT S PROJECT NUL19ER Jif(311y) CIO PROJECT NAME 1. The undersigned, having executed a contract with • - antraetor or +u eonvaeeor tot ' .ruturC or I: Jrn in the amount of 5 in the construction of the above -identified project, certifies that: (a) The Labor Standards Provisions of The Contract For Construction ate included in the aforesaid contract. (b) Neither he nor any firm, corporation, partnership or association in which he has a substantial interest is -- designated as an ineligible contractor by the Comptroller General of the United States pursuant to SectionS.6(b) of the Regulations of the Secretary of Labor, Part S (29 CFR, Part 5), or pursuant to Section 3(a) of .the Davis - Bacon Act, as amended (40 U.S.C, 276a -2(a)). 0 (c) 'No part of the aforementioned contract has been or will be subcontracted to any subcontractor if su::l subcontractor or any firm, corporation, partnership or association in which such subcontractor has a substantial interest is designated as an ineligible contractor pursuant to the aforesaid regulatory or statutory provisions. 2. fie agrees to obtain and forward to the contractor, for transmittal to the recipient, within ten days after the execution of any lower subcontract, a Subcontractor's Certification Concerning Labor Standards and Prevailing t5aec Rey.lire- ments, executed by the lower tier subcontractor, in duplicate. (a) The workmen will report for duty on or about -- — u tt 3. He certifies that: (a) The legal name and the business address of the undersigned are: (b) The undersigned is: (1) A SINGLE PROPRIETORSHIP: 431 A CORPORATION ORGANIZEO IN THE STATE OF. IZ! A PARTNERSHIP: (4) OTHER ORO ANI ZATION (I)CSeribe) (t) The name, lisle and address of the owner, partners or office(- of the undersigned are: i t (d) The ^ . .s o ,d add,esses of cll ot!,er person„ bct!::;;aU!oi and corporuie, Iwviny c su,stordiol interesl in the unccrsigned, E (e) The names, addresses and trade classifications of all other building construction contractors in which the undersigned has (Subcontractor) ($i�noture/ (Typed Namr and Title) YARNING U.S. Criminal Code. Section 1010, Title 18, U.S.C., provides in part: "Whoever..... makes, passes, utters. at publishes any statement, knowing the same to be false..... shall be fined not more than $5,000 or imprisoned not more than two years, or both." • • U.S. DEPARTMENT OF LABOR WAGE AND HOUR DIVISION I1►STRUCTIOUS FOR COMPLETING PHRhll FORM, W.U•341 the oar d %Vll Jaz, payroll form, is ..It mA 1,11.1y. 'fhb farm has bre. roods ...liable (or Me Co.'. v,r.ienrt of rpnlraaur- and tubsuntr.rroll le'W"d by their Federal or Fell ... tly�.iJed cunslrucllomlypr uamsac. and euhvuwraan 1.. job it weekly payroll,. ptuprrly Wild out, Ohl. f.a..•III saualy the ra pd«ntrats d ilrgu• -ham, Turn J and S 429 CF11, Subudt A), as to payrult> aubmlged In eunnMwn with contraltos ssiollecl to ill*ha.y lla:on sole Mated AHA. Tla, loam -.i. -m, rrsulhng claim the uri.ndmcns d if,, Da.la tiara. Act to Include Wage bmr41. pruvl.luna. lladrr It.., --Aril law, ehr a..uu.aur is req -11"d le- pay hal In. than Innge 1-1111411- as pledllernuned by flat 1) 'Palo It d Laho.. .n uddniun le- Pay.,vd of not let. than thf prnln«min<.1 r.rn. The eunorarlur's oblig.11un Ill pay lenge broahb uA.y b. mel rich., by p.y.enl d Ohl Wages to Ike .ars,a.1 plans, loud., or program. or by makmL Ohn<paym<n. I. J.e o Pluytrs e.1 sal. In If- of triages. paY. 9 pr„"Iles (air the eoMr►ssur'. shown. on the face of the payroll all monlel paid to the rmpb;y_. who Ler .+ La>�s rata+ as, a. v..h m bee- of fringes and proves« fur It:: n•Mnctor't repr< ti.don In the stale. : •••�• ..! ....,p::.. ocr ..,, rt.r «ar of tht payroll that he Is paying w other) ftir,,;w rarlulrai by the eunrrael and tool p-�,! as ata, u. L.a ..f Jrfneo. Detailed un/ru,ewn. fun.a'fniug the prepataUe,n of the payroll follow: Conw.•,wr or Sal.. onumtor. Fill In y.wr cum'- -arae and chock appropriate be.. A )_Ire. r. Ila u. y.... (rel'. aJAnoa. of F.a.pluvrr The ernpluyr¢'b full nam, mus, be shown ..,, ..,h y.r.t7 "pay asci •.r t.....u.dIleo rmpl• . uJdr,u enrol aha be sl..rwa op :: the .yruh co ,mg th4 e . .. .k ,n ..rash tte soy.:..)« wanks oil ill,Pa."-, s7'h¢ ml.lrob nerd nal be shown ua soba.I.—I weekly Poyang. ,.,.': s. A.. .e•L:.. .hong., Alrhougk m, rry..frnl by Il,gutabunt, Par- J and S, ¢pace Is avuda1-le In 0.t name aro .dear+a .,.pan so that Social Sac-rrty number. may be bu,d. ('...lump :! l!'uLhuhl6ag rar.npsfou•: This column Is mady la.,rled for Ilse erapi.y.t's ,onvmlrnct and 1. 11.4 a a r nova e,l Ilegub�iun., Taal. J and S. G•lu.nn ] tt':, ('ba:heu,inns: Liao alaa.ibr+don d,11lip1lvt e-1 work aau.11y pedoemml by relpbayce.. Co”. ..If 0-1111a...1111 :.hal mwimean ..gr .,h,dule bol lurM in c -Masai sPeCifiaamoty. 11 additmnul classifications are ,..ental n" ary, set Conira,hng Officer as Agency repo _4.li.t Eaaph.yte may be aho.n as h.ving _shed •in mart .Can u al-,:rcaifun pnn•idtA ..tumor brrakdu.rn d hours to wotktd is MainloMed and she.,, an auhrn.nad payroll by ust d aCp ,.I. line .nada•.. 1'o;umn 4�ff_rs t5'wka•J. On all ennlr.Hs subject to the ConwaH Wurk (loan Srand-Ws A-1 rola as over• un.r ham all h-1, wo.krd in ..cru e-1 a hour per day ..ad 40 h -air, . All, it. re.,•a_a� s_r,.pi• sa4lraPta.alp.y. !'alum•. G Nate .d Pay, lIodinif _F _Huge UrnduH t: In nafghl ba.rl Alone bar, list ."..I h.y rare pail the r.nph.yee our ata. gl.1 acne w,.rk.d Plus any .all in Iwo of I'mr— Paid the rmployrr. Whin roc -"duty the atra.gnl bole h,wrly re.., any rash paid u. Ise. d Iolnge, n.y be shown apuratrly Ian. the b.air ram, that. 1:1.25/A0. Tl,b o. •J .. ia.n,t ,, eor..Ily aun.padfng uv,rmnc See 'rola ;r lhmdfb' b.ho In ov,mn,v bar .a,uw ...rhea: h.wrly lir; Paul, Piw any ,ash I- heel .d hmgrs I . d the rrnployer. Set '1'ofpgt Ilrnvllin' below. 1'ayanm. of .e.l Ins Man hen, ,..J .lir hall the b..Ic air «gnlar rasa Paid . rrrioltd our uvrrhme under the C..morad Walk Iluuri Srar•JuJs Aac ad 171.2. In adj.t,..o to paying not Its. than the predflafaiinad rote fur khr d.buluallon M which the ruy.lu)ve works, the ...$factor ,hall Puy le- approved plans, funds, air ptogeares or shati pay Al Cash in lira o.I frangn ane uuaa pradrwrminrd .s lei.gr brarhll IA she wase daeibian MaJ4 pato of she coast.-► Sm 'r NI Ni:N L ENXFITs- brlu.. _ ' f r x111\G h: Il ):NEFITS — (Ontrueh.rs win p.. r.•r)uin.l rringt At na(,bt A e.amradur who pas), follies hrnrhls ten apprerM plans, bene-, lir poogr. o.h. rmoun. not Ifo than were drre,nimed m the applassble a.gr deeonun Of the Seclelury d Labor shall $...Mins., 1. show em the face al the payroll the I—— rash Mwrly saes ane air«• Ilene fait paid In his—PI.yers )uq as be has always dont Sorh a tonll-char .hall Il.eek Psr.graph 4441 d she .Irlralan on the «volae .d the payroll In Indicale Iha/ he is ef.. pof, 4 to q.p.ove.l pl...., lands, ... p.ug.am, not less Ilan the a.awnl prwislrrmined it. loingt bentio. flit each Coal$. Any ....puna. shall be noted on Swuu. 4(c). C-M-elo'. who pay an Meige henrflu; A contractor Chu Pay. nu ironst bmtfil. shall pay 10 she rn.player. and ir.r.1 In alae -Ir org hl t:.oe howdy rare eolumq .d @lee payroll, as amemnt roof Ian Ihan ,be P«det<rmmwd raft far eacA da>+Jiratl..n plot rhe xmounl of binge bmt(ir. drlrrmined for each dass.licruun In the applicablt rage do. H+foa. Inasmuch ., It Is mol nero.ary In pay Ifo., and . half on cash paid In lou of fringes, she overarm rare .hall be n..t 1-„a Ihan the soon ail 0.r bs•ir pocJelermined fair- Pow Uat hall Ilse Patmw. on lassie or «gala Cart• P:u. the nquirnl cash In It- Vf bfu5n .l file W-Jeht halt rate. In aJdnfon, Ihr ronue.mt (hall chalk paragwph 41h) of the b::uanenl ".the rtverrr of she pay-off us Indicate that he b paying IHd. ngr bead,In cash d,,_lly In hl- employee,. Any e.cephtgno shall be oulnl If. Srdlun 4(r-. U1 of Section tic). ►:.eepllons Any vni,ach.r he Ix making pay.tnl to appmvrJ Plena, fuel.-, or pr -gram. In eMn.nts Its. than the will. 10111-Inxunn real -Ir... obllg.d to pay dee deficiency directly to Ike n-pluy.vs ..... h 1- Ihu of Irsogas Any eaccpliun. a. 9ed1.n 41x/ ar 41bl, whi,h .v r b- eonoractur mty eheak, .1.11 be entered in Sta11.m qct. Einer In Ute Valceptian calarnn the croft, apd law In 1'14 Folio ... tie. edumn rhe finally .mount pea the employee .. ratio In 11y1 of fringes and the hourly wnou.tl ) a1J IO plans, fund., or proftsms as binge. The cenlradnr .hall pay, and •hall .hew that he b paying to each fuck rg,ld- •ae ler all hour (-nice- otherwise pwvlded by appWotal. d.trrrnlnrdun) worked on Federal lir rM<r.dly osdNed prolad on atteanl mol lest than She prede.rndn.d rale Pill- cash In Ibv o/ bong. a. shown it. S.ellun 4/Q. lit re. paid sad omm.nl d cash paid to Illy of Irb,de bend.- per hour should be trsttred In cahrMn 4 en the payroll. Sae p.eagrspk ea 'Centtactora .he Pay no totals b-st-AU' /or co,npal.tion d ovemMe rata Cu1-mu 7 •Grose Amuunl M:xrnW Ellet gross ami-.nl tarried on Ohio project If pool of the empluyttr' weekly wage ... r.'ArA un prnjs7s ..Ih<r Ihun the Prrq.,s described .tel 110. pa)rdl, .At, 1. column 7 rot.. it., .,noano ..read on 'lit ral"l wt Fed"'lly saslsled Wolter sad Ibtn Ihr $fuss aawo-ell coined doting she .,,it on all pr -Jets, thus 110.001120114). Col-ean S�B<Jurlluns: Fire columna a« Provided for showing deduHfam Made. 11 Mort than Ave dnlucanns should be ineowed• ant U«1 4 colamns: chow Ila* balance d drd.clion. under 'Other, rola..; show a,W.1 total under 'Total Drdaei,ms' edumn; and In the arlashirenl le- the peyrrdf describe the dcducuons contained i. the Thom,' Column. All dadwllom ..,I be In accordance with she pru<fsl.n. d the Copland All Srg.laho.., 29 CC'N, Parr J. It the tmpiuyre w .Lad on .11tH lube in addition to this prul.tl.obaw "Mool dNYcm M l -le-. has weekly grids wag.. but iadwa. Mal deductions are ball on has group wailts. Column 9 Nrs lVrgn Paid (air Werk: S,U e-plaars sty. At Tula- Space has berg Ill as she bust.. d ski culottes sol shat so1*6 easy be shown N the cunuaHor sol Of—— so.w_m_rnl Ihgolred by fro-0.0nr., Pal. J and S• While this Ivrea nerd nus be nourued, the ,tawmrrr ua Iht -mak a. ,at pay.11 I. wl.).ct w Ihrpenal.. plueid,d by IM USC 14101. osl vly, pna.dalr mryrr,unmrm lar S yrs« of IIU,INItI IIU fiat or bofh. ArenrdMgly. Mr party si;-wd Ills requirvd tom..rgi Mould he., krmwlWge ol Ike la rvpres.•nhd as orae. 2ipaet has been provided brow" dtont 111 and 120 d Mr bl-I went for describing any dadwm,... made. 11 all d J,eliune naadr are ad....nsly 4t.cofb.1 in Me 'Dad atswai edumn above, .sale 'bet D,.IoHlas. cola.. an Ih.. p-ytwU.' Set Paragraph wllWad 'VNINGrr IIAN6►1T5' above for Inlructioe s c~eo~g tdbug soft paragraph 4 tet 111. alaltMML i .j A- `9 vs resvc:r:.}rrT cr Itrpa PAYROLL (For Conlroclor's Oplionol Use; Soo Inslruclion, Form Wil . 347 Incl.) For, Ap r—m 11 wlEn iluneo No. 41 IM -93 uAa,� C4 CGr.TRAL]OI/ On SUDCGR I$1AC TOR U AUURI ss PAWtL NO. TOR wccK tmimC !!1 217 1]I�. _•• 141 UAY A149)UAIE ,� .• NANO AUDRUS. AND a ! C 1>'— SOCLAL Vc UR IIT fits muER wOttl(AMOUNT Gr fAIrLOT CE CIASSIf1:JlT10N I _`. ___ --- I I-- iii+ O IIOIIRS WORH11) DCII UAW PNOIr.CT AND LOCATION rnOJECT ON CONTNACt NO 111 101 171 IDI 19) DEDUCTIONS r1[T TOTAL DAIS GROSS wA GCS IIOURS Of PAY w,Hr TOTAL PAID EARNED rNa Noi�NG OTNU OTLUCTIUIK ►OR WEEN s 0 P { S O ' U U s b o s D • r 1 r+sr.�uYsvaa+�:... � M.�..w.+. r�.�^""�"r""� �...w.....a.... �... �.:�1� «....'�K :::1::�... wi..�w�...•�.w.....r.......r� Dole in the contract have been or will he mode to appropriate programa for Ltie ,. bencftt of such employee#, except as noted b1 Section {(c) below. a. s. ,• PAID IN CASH 4Name a .11—wry parry! (11de) (b) W I[Eit IrRItJC's GF:NEIT11'5 ARF: 1' is hereby state:c L — Each Inbortc or mechanic listed In tie above referenced payroll bas been 1 c paid, as Indicated on the payroll, as amount out less than the sum of the e } • (1) Thal I pay or supervise the payment of the persona employed by applicable battle homely wage rate plus the amount of the required fringe benefits as listed In ilia eonliacl, e;aep! as Doted In Section 4(c) below. ( nn the • (C.altaclstorsubeonuacter) Illus Inearwerk) (e) EXCEPTIONS ) int that during the payroll period commenting on the ' EXCE7TS::N (CRAFn EXPLANATION . day of 19_, and ending the_,_duy of , 19- • all persona employtd on said prnloct have besets pnld the full weekly wages earotd, that no rebates have been or will be made tither directly or Indirectly to or on behulf of said a from Ibe full (Cenlraclor or a.k.1,11rtbrl weekly wages earned by any persists and tint no deduttlons have been mode Mier directly air Indlrectiy from the full wages earned by any person, other ikun permissible deductions me donned In Reoulatlo2s. Pail 3 (29 CFR Subtitle A), Issued by the Secretary of I.abur under the Copelund Act, as amended (18 Slat. 048.63 Slat. 108, 72 Still. 967; 73 Stal. 357;{0 U.B.C. 97(k), and des. Bribed below: .i (2) not any payrolls otherwise under title contract required lobe submlltal for Ile shove perind are correct end eomplde; that the wage rates for laborers or mechanics contained IhcrOn ere nct las than the applicable wage roles contained In any wage determination Incorporates Into the tunimct; that the dosslncellons set forth thereln for each laborer or mechanic conform wllh Iha work he performed. (3) That any opprtntices employed to the above perlod are duly registered In a hnnn fide appren':eshlp progrent registered n.id1 a Slate apprintlt%Ahip ugeoy rteognlae.l by Jte Ilurcaa of Anprentice3hlp and Training. Undid Sildca I)cparbnenl of Labor, or If an such rtrognired actixy "late In a Stale. ere regtalered with doe Ilureau of Apprenticeship and Training, United !flat's Department of Labor. ({) The11 NAME ANI) #RLE 51G::AlUAI (a) WIirRE FRING£ DENLVITS ARE, PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS 711E WILFUL FAI,SIrICAT10N. Or ANY OF VII LnOVE STATEMENTS MAY SUOICCT Tit( Cbl. IM• tp7 c On LIIn CONTIIAQtOFI TO G:V•'_ Orl CAIMn.t.t, VnO:xCU71ON, LLE SCC710N IC -09 Of 1�'�': • I •art �_ In ►Jdllioa to the bade hourly wage rata pall to each Uborer or mee.a unk LECUCAN :)1 OF T1; LC 31 Of ;IiC UNRLO Li AIEi CGC4. t listed In the abuve referenced payroll, payments of felage bentflla aft Pail:d .1,. ..•.. 61; ..., • Date: Project 1,o: • Location: t . Training, y -snt, and Contractinz Gttcrrua:ties for 3�Is_aesse ar - � _ s Lower :rcc,;,s-ers�rs A. Theproject assisted u.Zder, r ►s - ��.- + ; +u require=e_, of sec I + -� --st) is subjec,. .o ,...e Lica 3 0� he housing tad Urban Develcr _nt Act of I-�3 as amended, 2 U.S.C. 1701u. Section 3 recuires that + +- extent feasible OapOrtL•_Ziti as f0� tr2i.^.j ''0 tae greatest income residents 02' t.::e DrO;eC+ ,+•ems r—•G 8:... e.•-p_oyrea be given 104,er a..d ccntrac. far ;.,or.c in cera e c faith the pro 4 ect be z«ar'ed t e cti o �us11_ss ccrcerns w;c:l are located is or pined in substa.^.tial p, by : er sons resid-i i P -- --j Z the area c. the project. B. I;otwithst_ndi g any other proz isien this (COntract o" ) + . _�� (agreO«+e.'Iv), the S:A, 12 Carry Out the provisions + and the r egu ations issued 3u: sui e�.e+ * S-O.^.S O� 52 �4� section 3 in 24 C::� -It th__ _..o by t:.e Secretary set forth 1 5 (pubiis - i^ <8 •• .r • ederal Regis -ter X2100 and October 2 3, C 811 auPlic3ble rules and or.er of the Secretary- , t0 the eXeC'lti0ri O.' t::i ( y" 15Sue3 S aaJ. +) • The ren L' r r+e O.. regulations i.^:C11.e but are0:�r=1� �(�- ey�e:ly -L"�- :2i.S O S2�f: DOt _d 1.,.,_ ^c.^. ., ofan Lf" _-._r_•re acticn ^�_-; -.. +:,: ;.'-p�_�_..b_,,_..r. or a»:1e3 is -L;,s+ u `'-c�:•C' CLJ_zess concerns lccated a. _ v'G:i.7._ ��rT. Ter Sons reSid7.n n t•.e are` r +• ... bite t„"�'iiia'y O- a `i.Ou 122t e•'' � :••• O_ v: a ��': , •=•C' -C_ as defined .. the training, e..—_,al nt a.'ld cus_ne _+ c: r=_S u.at_-ns, .o incorrOr tion :.f t�:e� ttSeCt_ SS Cp_ 9. V.:Z1.ieS _.•e_tlire v f SeC�icn 3.. Z^.G the regula+i ns in al ca i clause specified by Sec='an i35.20(h)'cf 'v v COL r�.n. r+ The (appliC2_it) (reC' ent) Cer +5++ a i.',7r:� iTl C'J.^.^,eCtlon ith t�..e p_ O j evi.. �.+_i►s a.'ld agrees that it iS u.^der no con- trese re or ogler disabilit f ;;h_; z __o_ 4-S are:*ent it sure co�l;r._^.;, with . these require,.= eats. C• (,'Om.J1iz^.ce «i lt:1 thle Dr0'!' SiO:.S Of section 3, tuft SeS l 2tions. Set `24 C: rR ?art 135, and all a,- ic=b� l - thereunder pr; cr + +`e `�` es and Or�?ers 0f t e Secretary *'•en+ + v0 app•O. i ..f bre C-0Ter,=_e_It Of the a^._^,liCr--.tion fOr + ?g (agree_.....) (cO,-: r- ct h:l 1 - i t0 )� still be 2 C'JL:Cit1C:1 Oi t^e reder3l -i«�^. 21 e: ante p. o! de -16--he D"D ecy :.^._i^ ' - ass- C - SZICCESSOr J r' Q 11pon the (apDliCant J (reC; e � :+ s a..z -ssi ns.=ai�,._e ili i 'these s to 1 i require„.e.^.ts�saa'? sub,j ec= .`. A ^..O srld L _.� ani 2ssi�*I t +� rs J4` .• ,. rac ___c + - C7• .S o base Sanct_czs �. ;� Z -Z S4zzasJa._ J . s�7ec_. _e.. by „n_s (agree -menti) (contras ),r..n. to „ such sa.:ctions as are specifiea% by 24 C R Section 135,135. Ccnpany };are: Ad,:res s : ---------------- I,rfA0-E0:GZX/. cs 6-14-74 Oi'Sicial 1;;pea r:1:1i�ea oS70.3 bic .... j. S. of Scusl-n; and :=t,an eTe or.:�sat Development Block G_z-=t ?=s ,= ? iL LOM STL)CURBS ?RC`--S"rZS nhe ?--^ol-,Iect or ?rogrsm to whish ',.he wow covered by tI. s Contract ertains is being assisted by the unitad States of America and the following ?ederal ,abor 3ta..da-ds ?rovisions a ---e isclyded is this Contract pursuant to the prow=sions applicable to such ?edema.: assist- ance. 2. PQ'+itifL'.�S ildGt, 3A.'" GS tu?t`R^ 'LMC"sLN-,"S 111 laborers and macharics emPloyed u:on the work covered by this Contract shall be paid unconditionally and not less often than =ce each week, and without subsequent deduction or rebate ca any account (except such payroll deductions as are made mandatory by lair and such Other Payroll deductions as are permitted by the applicable regnla- tions issued by the Secret=7 of Labor, United States Dep&. -went of 'Cabo) Pur*-uaat to the Inti -Kickback .Act :ereinal�ter identified), the P-111 mount due at tine of payment cc.-puted at wane rates not less •.:as ",.hose conta!-ned in the wage deteraination decision of said Seczata-7 of Labor (a cagy of which is attached and herein incorporated by reference), raga.-dless of any contractual relaticMah.:p which =ay be alleged to exist bettoen the C=trsctor a= a::7 subcontractor and such laborers and mechaaaics. A11 laborsra and mech—los e.^ployed upon ouch ro=c shall be pa±d in cash, except that pa7ment ray be by check if the ezPlcyer Providsa or secures satisfactory facilities aapro4ed by the Local Public Agency or Public Body for the cashi.".g of the same without cost or expense to the employee. For the ;u-,cee of tr's clause, contributions made or costs reasonably anticipated under Section 1 (b) (2) of the Davis -Bacon Act oa behalf of laborers or mechanics are considered wages paid to such laborers or =eciianics, sub;ect to the ;zz7isicns of Section 5.$(a){1)(iv) of Title 29, Code of Federal Regulations. Also for the pux%pCse of this clause, regular contribu- ticas made or costs inc= sd for more than a weekly period under plans, nand , or progams, but covering the particular weekly period, are deemed to .be contrastively made or incurred during such weekly period. In case of 'Inds= syment of wages by the Contractor or by any subcontractor to laborers or =echanics employed by the Contractor or ouboontrs,ctor upon the wow covered by this Contract, the Local Public 948aa7 or Public Body in addition to such other ruts as may be affor3- ed it tinder this Contract shall withhold 'f --cm the Cont_actOr, out of any peymeata due the Contractor, so ranch thereof as the Local Public Pace 1 of 13 9175 MCWWOUL. D. G n U f 6500.3 lgenc✓ ar :EOdy Z -V ccnsider :ecessaTf t:+ �3�j 5':c;; 13boT9T3 0': necra'.ics e ' .::;::.: of ra3ea =eq'z-ed b� t.ia Contract. he . amount so w_-::.neid � be disln -.sed b, the 'r chi ?ubiic .4a-ency or a.�c may, for and on accou:t of t.�.e Ccatract0:: or �+ b the subc�trac-:c_ (as M2.7 e app -omr ate) , to t:.e respective la�crsrs ormechanics to carom the sable i3 due cr on their be alf to .0 TQ, dS or pro r for any �7pe of :=::ems ,enefit prescribed the applicab'-e wage dete==_4nation. If the Contractor does not make paymenta to a trustee or other thi--'3 person, he may consider as part of the wages of any laborer o: mechanic the amount of any costs reasonably an=ticipated in pro -ride =.. - am Fe benefits under a plan or program of a type expressly listed in the wage dete=4nation decision of the Sec-eta..ty of Labor which ie a, part of thisCOnt-- ct: Provided, however, The Secretary of Labor has a ound, upon he written request of the Contractor, that the applicable staada-rds of the :avis -Bacon Act have been met. Tse Secretary of Labor m7 requ�-e the Contractor to set aside is a separate account assets for the meeting of obligations under the plan or program. A copy Of any f!ndi-.gs made by the Secretary of ;tabor in respect to fr;.3ge benefits being provided by the Contractor must be submitted to the Lcoal Pablic Agency or Public Body with the fi--st payroll filed by +„ha Ccat_-aotor subsequent to receipt of the fIndIngs. STNS ACT (76 Stat. 357-360: Title 4.0 U.S.C., 332) Sections 327_ (a) Over -"=e reau{_,.menta. No Contractor or subcent=&ctor contracting for any part of the Contract wow which may require or Mvolve the employment of laborers or mechanics, including watchmen and guards, shall requite or pe—it any laborer or mechP,.aic i3 a y - wo=kweek i3 which he is employed on such wow to work in excess of 8. hours in any calendar day or in excess of 40 hours in such wow week =Z888 such laborer or mechanic receives ceapensation at a rate not less than one and one-half times his basic rate of pay for all hot:.. -s worked in excess of 8 hours in any calendar day or in excess of 40 hcm_-s is such wow week, as the case m7 be. (b) Violation: liability for unpaid w --es 1io1:idated d%=ares. the event of any violation of the clause set forth in pa.-a�aoh a) t' Contractor Contrac,.or and any subcontractor responsible therefor shall be � liable to any affected employee for his =paid wave. Ia addition, such Ccntra..ctor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated s � 4 res_ ect to each i { _,a, shall ccxpu ad wi .a ...div_dua.1 laborer or Mee, n 4 c emp.,Md in violaticas Of the clause set forth i parsg-sph (a),. in +,,; a of 110 for each calendar day on which such employee was required or pe=itted to wozc p.e 2 of 13 9/75 HUD-Wwpb� o. a i 4- excess of 8 sou_ -s or in excess of the sta:.ci . - w� :cweek of without pa;--ent of the over—.:L= wages reqs -ed by tre clause set fo�h in (c) WithholdLnz for 11e'iidated dama.zes. The Local ?ubilc bpncy or Publ .c 30dy srzl withhoid or case to be withheld, from any r one;ls payable on account of wow performed by the Contractcr or subcontractor, mach sum as aaq be deter :ed to be :ecessa=y to satisfy any liabilities of such Contractor or subcontractor for 1 dated.damages as provided in the clause set forth in Y'xagraph (b) . (d) Subcentrz.cts. The Centractor shall i=sert in any subcontracts I he clauses set forth in paragraphs (a), (b), and (c) of this Section and also a clause requiring the subcontractcrs to incl -,u s these clauses :r. azq lower tier subcontracts which they nal enter into, together with a clause-egajzj:.g this insertion :,n any il:rther subcontracts that =ay t-== be made. b.-DeWMM.. T OF AFF-WTICZS/ UMS a. Amr=en:ices will be pe—itted to work at less than the p=ede- te=^ed rate for the work they performed when they awe em- ployed and i=divitially registersd in a bona fide apprentice - &p p ro registered with the U. S. repar�ent of Labor, Kznr,cwer Ad--m;.nistration, Beau of Apprenticeship and T-ysin-4-m-g-, or with a State Apprenticeahip Agency recognized by the Bateau, or if a person is employed in his f.1-st 90 days of probaticna.T-y employment as an apprentice in such an appzmenticeship prcg_am, who is not 'vidually registered in th a prog==, but who has been certified by the Ba --eau of Apprenticeship and Trail or a State Apprenticeship Agency (where appropriate) to be eligible for probationax9 employment as an apprentice. The allowaole ratio of apprentices to journeymen in axq craft nclassi- fication shall not be eater than the ratio perm=teed to the contractor as to his entire wow fo-e under the registered program. Azq employee listed on a Pay -roll at an apprentice wage rate, who is not a trsi:ee as defined in subdivision (b) of this subpar..aaph or is not registered or otherwise employed as stated above, shall be paid the wage rate dete—iaed by the Secretary df Labor for t..s classification of wow he ac tua:_ly perfoz ed. The contractor or subccntractor will be re .0 i. -ed to -AMPOI Pzge 3 of 13 9/75 xM-wash.. o. a r } 5300.3 � i �.i3h t0 the COntraCtirg Officer Or a reD2n9entative Of thE: Wage --our Division of the U. S. Depa=,tment of Labor written evidence of the registration of his program and appreentices as well as the appropriate ratios and wage rates (Stressed in rerceatages of the jou—,�eyman heurly rates), for whe area 016 constrsetien prior to using any apprentices on the contract wow. The wage rate paid apprentices shall be not less than the appropriate percentage of the jcu_--le7=anIs rate contained in the applicable wage determ✓ation. b. T' --:tees. Except as provided in 29 CF- 5.15 tra-i-ees will not be permitted to wow at less than the predeter=.i:ed•rate for the work performed unless they are employed pu.-suaant to and :.adivi+• ' y registered in a program which has received prio:: approval, evidenced by fo—al certification, by the U. S. Depart=eut of Labor, Manpower A.ninistration, Bureau of Appren- ties and :^' The ratio of trm_nees to jcu_:.ey-._en s:^.11 not be greater than permitted under the plan approved by the Bu. --eau of Apprenticeship and :^ Every tra=nee rust bE: paid at not less than the rate specified in the approved pro• - a -= for his level of pees. Any etlployee listed on the payroll at a trainee rate who isnot registered and pa-tici- patng in a training plan approved by the Bureau of Apprentice- ship and T=sini^.g shall be paid not less than the wage rate detezn ned by the Secretary of Labor for the classificaticn of work he actually performed. The contractor or subcontractor will be required to furnish the contracting officer or a repre- sentative of the Wage -Hour Division of the U. S. Depa--t=ent of Labor written evidence of the certification of,his pr09--3=9, the registration of the trainees, and the =sties and wage rates p:-escribed in that prop==. In the event the Bu-�eau of Apprenticeship and Training witted-aws approval of a train- ing program, the ccatractor will no longer be permitted to utilise trainees at less than the applicable predetermined rate for the work performed until an acceptable p=o&= is approved. C. Ecual X10.7--ent Oyro=t1:-^-i tom. The utilization of avomnticeS, .-airees and jou=neymen under this past shall be :.n confo—,—,.6 with the equal eaploy=ent opportunity require= ents of &cecut ive Or a= 11246, as amended, and 29 CM Pa--,'30- Pace a-"'t30. Pace 4 of 13 9/7S xn.�a-ate,., a. a No : ersor. under '.he 3.ge of six teen ;lea --s and no persen who, at the t .e, is sera =.g sentence s a renal or cox�ectional �r.s;.itution s:=3=1 ^- be employed or. the wore covered by t: .:a Con -.--act. 8.ICNS t�3Su�`i'I' m0 SO-ie:�i..= "A`i�'I-�C'nC$ ACT" The Contractor sha? 1 cc=ly with the applicable--9,F:lat4=s (a copy of -which is attached and 'herein iwcorporatad by reference) of the Secretary of ?Tabor, IInitad States Dema_---ent of Labor, rade pu_-suant to -the so-called "Inti-3ickbacs Act" of June 13, 1934 (48 Stat. 948: 62 Seat. 862; Title U.S.C., Section 874: and Title 40 U.S.C., Section 216c), and ata amemdnents or r..odificatiens thereof, shall cause appropriate provisions to be is serted in subcontracta to insure cozroli ce t :a=ewith by all subcontractors subject thereto, and shall be responsible fr +.ne ,submission of affidavits requi---ed by subcontractors thereunder, except as said Sec. -eta --7 of Labor may Specifically provide for reasonable limitations, variations, tolerances, and ese=tions f=om the =squi"e- menta thereof. 9. 0-1 1.4 .=S m namuccs :TCT US= LY A^c�A?a WAGE DIL^IMCNIAT1c41 SIM -NN Ary class of laborers or mecb�^erica which is not listed in the -wage date-4-ation and which is to be employed under the Contract will be classified or reclasaified confo:-�ably to the -wage dete_*mination by the Loch: ?Sb1iC-e--cy or Public Body, and a repo-✓ of the action taken scall be submitted by the Local Public Agency or Public Body, th�ov the Secreta.-';/ of Bousi and ?rben Development, to the Sec' -eta -y of Labcr, United States Depa---tment of tabor. L^ the event the inter_sted parties cazxot agree on the proper classification or re Las of a pa_-Rticular class of laborers and mechanics to be used, the question tion of the Local Public Agency or Public accomoamied by the reco=enda Body hall I be --efer-ed, th"oue"'i'- the Sec I- y of Boueing veld Urban Development, to the Secretaxy of Labor for f4r.31 -Ietermi: ati=. 10. 3'R B S NOT " q.. ''ZS= AS BCOILf 'WALE ROMS he ?vocal Piblic Agency or Public Body shall requi_-�e, wherever the wag, rata prescribed in the Contract for a class of laborers or xec:mics includes a fringe benefit which is not expressed as an hc.:rly wage rate and the Contractor is obligated to ray cash equirlent of such a fr{=-e benefit, an hourly cash equivalent thereof to be established. L^ the event the interested parties cannot a.5--se.Lpon a cash equivalent of the fr::ge benefit, the question, acecmpanied by the reco=endaticn of the local ?•.iblic Agency or Public Body, shall be refarred, th.-oue-h the Secretary of Sousing and Urban Develcpment, to the Sec--eta=j of Labor fol dete=i ation. _ - Page 5 of 13 9/75 NU0.0mma.. D. o. ' •63C0.3 j E:&-ilzit iY il. PCST-G WSur,.-."�'1L��'":u�IT.�...-' M.e applicable wage poster of `.: e- Sec---eta.-7 ;, f Labor, u`r..itad States - Depa-',..gent .of labor, and t :e applicable waa-� de VeaYion decisions of said Sec=eta=7 of Labor with respect to the various class.,�ficaticn of laborers and aechaaics employed and to be e=loyed upon the wow covered by this Contract, and a statement ahowi:a all deducticna, is any, in accor3ance with the provisiora of this Contract, to be made f--= wages actually eased by persons so eaployed or to be employed in much cla:asi- ficatils, shall be rated at apprrpriata conspic•.ious pointa at the ,alta of the wc=c. 12. C:'.fieIA-T` -s' PBOC==, C8 TST-,-iCB':' 3Y ZVT-C= ,lo laborer or mechanic to wham the wage, Sala. -y, or other labor stands -ds provisions of this Contract &-a applicable shall be disch&:-c d or in any other harmer diacr4-4,mated against by the Contractor or am subcontractor because such employee bas filed any complaint. or insti',;uted or caused to be instituted any proceeding or ham testified or is about to testify iz ax7 proceed =9 under or --elating to the labor staada-ids appli- cable under this Ccntract to his employer. 13 . CLI -DM _ATS DT: VTB3 . =A,'VyiG TO IWAGZ 82..''':5 Mal.m8 and disputes pert%A� to wa-5-e rates or to classificaticna of laborers and mecbaaics employed urren the work covered by tesla Contract shall be promptly reported by the Contractor in writing to the Local Public Agency.or Public Body for referral by the latter through the Secretary of Housing and Urban Development to the Sec=eta=7 of Labor, United States Depaxt=ent of Labor, whose decision shall be fl -al with respect t sreto•. 14. gM=IONS CC2iCzmmG czBzL= m=bT. STI -MM In RMULATIMM All questions arising under this Contract which relate to the application or interpretation of (a) the aforesaid anti-3ickbacIc Act, (b) the Ccntrsct W02 -6c30=9 and Safety Standards Act, (c) the aforesaid Davis -Bacon act, (d) the regulations issued by the Secretary of Labor United States Depa-rtment of Labor, pursuant to said Acta, or (c) the labor standar-ds provisions of aAy other pertinent rederal statute, ala?1 be referred, tb `,,;s Local Public Agency or Public Body and the Sscretary of Bousixg and Urban Development, to the Secrsta_-7 of Labor, United States Department of Labor, for said Secrstary'a appropriate ruling or intar.=9tatioa which shall be authoritative and =a7 be died upas for the peroses of i,.bia Contract. 15. P.AY''OLLS An ?ASIC PAY30LL B cc s CP Ct ,".jCT' a A=SU3CaSMIC:(1BS The Contractor and each subccntrsctor'sba:l prepare hie payrolls ca toms satisfactory to and in accordance with maty-ctions to be Pane 6 cif 13 9/ 75 ,w xuo.a.,.� a c E50G.3 Z:d- .^it 1-4 Agency or :�C�. The 00ntractc: 3*�: " t weekly to :e :4ca7- ?abl:c .4,,--ency cr Body ^_ro ce: t :'lad copies of all : a✓--__lls of the Ccntra.ctor -and of the aubcon- . actcrs, is be::a =ders.ocd that t.'^.,e C,_�,t=actor ' al1 be =9sMorsibla for the sub'iasicn of ccoies of payrolls of all subcontractors. Each such payroll ,h,,, contain the "Weekly Statement of Compliance" set forth i-' Section 3.3 of Title 29, Code of ?edaxzl Reclil tions. The pe7-o11s and basic payroll records of the Contactor and each subccn- t-actor cov�: eng all laborss rand neczanics emplcyed upon the •.rork covered by this Contract shall be maintained d:i.ing t a course of -he wow and preserved for &6 of 3 years thereafter. Such payro113 and basic payroll records a.all contain the came and actress of each such employee, his correct classification, rate of pay (incl^ i rates of contributions or caste anticiDated of the types described in Section l(b)(2) of the Davis -Bacon Act), daily and weekly :umber of hours worked, deduc. ru ions de, and actual wages paid. in addition, .denever the Secrstaxj of Labor has found under Section 5.5(a)(1)(iv) of Title 29, Code cf ?ederal Regulations, that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or pr09:aa described in Section i(b)(2)(3)•of the Danis -Bacon Act, the Contractor or subcontractor shall maintain records which shorn that the cc—itm,ent to provide such benefits is enforceable, that the pla: or program is financially responsible, and that the plan er program has been ca= -^i cated 14-- wr4 ting to the laborers or mec:an, cs affected, and records which show the costs anticipated or the actual �✓ cost i~ci:-=ed is pzrovidL-.g such benefits. The Contractor and each subcontractor shall make his employment records with respect to persons employed by him Lion the work covered by this Contract available for inspection by A11thorized representatives of the Secretary of Housing and Urban Development, the Local Peblic Agency or Public Bods, mad the United States Department of Labor. Such rspresentatizes shall be pe—fitted to interview erployees of the Cont ---actor or of any subcontractor during wo=k'—_9 h ix -.9 on the job. 16. S2XT-117:C COMMAM OF CBUA= T".P.,S OF 14M 3w EANT T he transporting of materials and supplies to or from the site of the Project or Progdm to which this Contract pertains by the ersployees of the Contractor or of may subcontractor, and the ==Ufactvxiag or of materials, articles, supplies, or ecu -,=e --t on the site of the Project or ProgTsm to which *whis Ccntra.ct perta.as by persons employed by the Contractor or by a=,7 subcontractor, shall, for the purposes of this Contract, axLd without limiting the geenerality of the foregoing prov'�ions of this Contract, be deemed to be wo=k to which these-ederal Labor Stands. -ds ?revisions are applicable. 17. =G= SU3CC nucTOBS T✓s Centracter shall not subcontract any part of :the work -.6 by this Contract or permit subcontracted work to be further subcontracted Page 7 of 13 01;3 xva.ad.a., a. c 63CC.3 14 vl .:w-ixt a Luca:. ?'_b1 +C lgency I a or ?ublic Body 9 riot wTi t men az --c'm of '.!is subcont_-actor. he L4cai ?sblic Age=y or Zod.7 wa .l not approve ary m bcentractcr for wo=k covered by this Contract who :s at t: a ti::eilgible ��der the prov:sioas of appll ne cable rsgslaion ts issusd by the Sec=sta—,r of Labor, United States Department of Labor or the Secreta? of Housing and 7 -baa Developaent, to receive an awaxd of such subcont-'act. 18. PHCv-13iO'SS TO .M =:,—J' = :7 CZ== 573C: i'^*-..ACl'S The Contractor shall i=clude or cause to be incl::ded is each subcontract covering azq of tfis.work covered by this Contract, sicns watch axe consistent with t ese Federal Labor Sta:da.^ds visions and also a clause requi=-_4ng the subcontractors to include auch provisions in am�r lower tier subccntracta which they may enter into, togsther with a cla-se requiring such insertion is am7 1%=Ither subccntracis that may :.r. tu= be made. i9. 3BEdCE 07 . VCM==G r""= n r LlBM ST12MAMS MCPISDCm La addition to the causes for terni.^.aticn of this Contract as herein elsewhere set forth, the Local Pub -34o Agency or Public Body reserves the riZixt to te=irate this Contract if the Contractor or azq subcontractor whose subcontract covers any of the work covered by this Contract scall breach any of these .ederal Labor Standen Provisions. A breach of these Federal Labor Staada-ds ?rovisions =ay also be wands for debexment as p=vided by the applicable regulations issued by the, Secreta.'y of Labor, Dnited States Depaxtn6nt of Labor. s Page 8 of 13 9,/75 xva+.a.b.. a. a ATT.ACHME.NT TO FEDERAL LABOR STANDARDS PROVISIONS SO-CALLED "ANTI-XICXBACX ACT' AND RECUA1i0NS PROMULGATED PURSUANT THERETO BY THE SE=AAY OF LABOR. UNITM STATES DEPARTMENT' OF LABOR TITLE 18. U.S.C., section 874 (Replaces section 1 of the Act of June 13,1934 (48 Stat. 948, 40 U.S.C.. sec.276b) pursuant to the Act of lune 2S, 1948, 62 Stat. 862) ` XICXBACXS FROM ?VBLiC WORXS EWLOYEES . Whoever, by force, intimidation, or direst o(wecur'ng dismissal from employment. or by anv other manner whata). ser induces any person employed in the conauucaon, prosecution, comoktion or repal r of any public bn"no 'Public wand. a or beilding or work Financed in whole or in part by low or grants from -the United States, a giro up am put of the crow. pensaaon to wls" he a entAW under his contract of employment. shaA be used not more than 55,000 or n _0( the c not MGM than Crse yurs, or both SECTION 2 SOF THE ACT OF IUNE 13, 1934, AS AMENDED (48 Stat. 948, 62 Stat. $62, 63 Stat. 108, 72 Stat. %7, 40 US -C, sec. 276c) The Secretary of Labor shall stake reasonable regulations for contractor and subcontractors engaged in the construction. peoseeutson, eomoleuon or repair of public buildings, public works or buildings or works financed in whole a in part by loans or grants from the United States including a provision that ucis contractor and ull mntrsetor &hail (urrtisit weekly a &tattment with respect to the wages pad Wh employee during the preceding ween. Section 1001 of Title 18 (United Mates Codst riaii apply to such atuements ...XXX ... ?wuwftt to the aforesaid Anti-1Cickbadc Act. the Secretary of Labs. United States Department of Labor. has promul. Sated the te;tda-ofi 114-mahm set forth, which regtdab rw ate found in Tide 29. Subude A. Code of Federal Re;uL@wra, Part 3 The term ",'w Part,' o used in the regulations hemnafter set forth, refers, to Part 3 last above mentioned. Said reg. ulauom are as follows: TITLE 29 — LABOR Subtitle A — Office of the Secretary of Labor ,. ?AAT 3—CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILD&G OR PUBLIC WORX FINANCED IN WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNTIED STATES Section 3.1 Rtrpoee and scope. This Par, pia "anti-,kiekbsek' regulations under section 2 of the Act of June 13. 1934, ss, amended (40 US.C. r&). P09u1MY known m the Copeland Act- This past applies to anv eontrsct which is oA*ct to Federal wase standards and which r tar the eons auction, prosecution, oompktion, or repair of public buildings, public works or building, or works itnmeed in whole or in P&t by loam or gents irom the United States. The pert is intended to aid in the enforcement of the "munum wage pro—osts of the Daw$aoos Act and the various, stasutes dealing with Federaliv.assisted construction that *mum similar minimum wade provwona, including those provisions which ass not ,"life* to l"Issdisation Plan No. 14 HU0.11166tr. ox. ?ago 9 of 13 9/75 • 1 6300. 2 i (e.g.. the C.Alege Housing Act of 1930, the Federal Aster poiiution Gnttoi AcL and the Housing Act of 1959), and in the enforcement at the owe}time provisions of the Contract Work Houn Standards Act whenever uwv are aaphcabie to construction wast. The part details the obtigaaon of contractors and subcontractors relaaw to the weeitly suhmtasion of statements retard- ing the wages paid on Worst cowered thereby: seta forth the circumstances and procedures towerning the maiung of pay roil de• ductaons irons the wage of those employed on such work: and delineates tie methods of payment perstinabla on such wont. Section 3.: Definition& As used in the regulations in this pair: (a) The terms "building- or "work" generally include conetruction activity n distinguished from manufacturing, furnishing of materials, or servicing and maintanance won{. The terms include, without Sanitation, buildings, structures, and impsovemanu of all types. such as bridges, dams. planta. highways, paritways. mtseeta subways, tunnels, sewer, mains, power• dines, pu mpvtg stations, railways, airports, terminals, dock+, piers, wharves. ways. lighthouses, buoys, jetties, breakwaters, kveee. and canals: dredging, shoring, scaffolding, driilinq, bla"mr. excavating, clearing, and landscaping. Unitas conducted in conneetan with and at the site of such a building or wont As is described in the fote;oing sentence, the manufacture or furnish- ing of macermis, articles. supplies, orequiparent (whether or not a Federal or State agency acquires tide to welt materials, articles, supplies, or equipment during the course of the manufacture or futaishirk& a owns the materuls from which they are mmufactured or furnished) a not a "building"or "work" within the meaning of the regtdatiom in this part. (b) The terms "contraction," "prosecution," "completion," or "repair" mean sit ty pea of wont done on a particular building or work at the sae thereof, including, without limitation. alunng,remodeiing, painting And decorating, the transport• Mg of materials And wppiies to or from the buiiding or wont by tate employe" of the construction contractor, or construction subcontractor, and the manufacturing or furnishing of mma Isla, rticls, supplies, or equipment on the site of the building or work. by persona employed At the ate by the contractor or unbeontractor. (e) The terms "public building" or "public work" include building or work foe whose cumtruction. prosecution. cont- pletion, at repair, as defined above. a Federal agency is a contracting party, regardless of whether tale thereof a in a Federal &Bracy. (d) The term "building or work financed in whole or in part by loam or Banta frons the United States" includes build- ing or work for whose construction. prosecution, oompletion. or repair, a detinerf Above, payment or part payment is made directly or indirectly from funds provided by loans or grants by a Federal agency. The term does not include building at work for which Federal amistutee is limited solely to loan guarantee; or imuriax. (e) Every ?it— paid by a Contractor or subcontractor in any manner for his labor in the construction, prosecution, completion, or repair at a public building or public work or building or work financed in whole or in pan by loans or grants from the United States is "employed" and receiving "wage,"regmdkes of any contractual relationship alkged to exist between hire and the teal employer. (f) The tam "airy Affiliated person" includes a spouse, child, parent. or other close relative of the contractor or sub- contractor: a psrmer or otfmcer of the contractor or subcontractor, A corporation closely Connected with the contactor or suboaacractor u parent, subsidiary or otberwiae, and an officer or agent of such corporation. (g) The tam "Federal agency" meats the United States. the District of Columba, and all executive departments, in- dependent ntablisbmenta adminuautive agencies, aid instrumentalities of the United Sutaa and of the District of Columbia, incluaiag corporaiona, all or sobetants4y all of the dock of which is benefsciaiiy owned by the United States, by the District of Columba, or my of the foregoing departments, eaabtiabments. agentaes, and inatr amentaiities. Section 3.3 Weekly staterneat with tespeet to payment of wages. (a) As wed in this section, the terns "employe*" dull not apply to persons in cl.riFieuions higher than that of laborer or mechanic and those who ate the immediate supervisors of such emploveea. 1tu".64it.:.C. Page :0 of 13 9/75 65170.3 I t `tit✓ x`..: • t :4 (b) ht•lt castraLYor tar subcontractor entagni in the construetan, prosecution, completion, or repay of any nul,lic blrldulg or public work, or LuliJiog yr work financed in witolr or in part Ly Gams; or grants inion the Gutted Statrs, .marl fumuin rack week a .tatemmu with respect to the waa.•ea paid each of i4 enylmeea en_s,ed on cork covered by .9 Ci'It Parts 3 and 3 Junod the morning weeil Payroll M. pernori. Thio suu•nneat indl ire executed by the contractor car suurnn. P tractor ur by an autinunzcd officer or employer oi•the vontrauee ne subcontraetur who wlxnnses the payment of wac.e, and shall ire on tarot 11' li 3-4, "$talrmc r�t of Compbanee", or on an identical furnt vn the I. , of 11'11 3 17, " Payroll (File (an. tt•srtors option&' l:x)" or no any form with identical wording. Saonplc copies of t1•li :W and NII 3:8 may be obtained front the Government contracting or sponsoring acenav, and ,spies of tlwese forms may ire putolaard at the Gvvernment Pristine office. (c) The requirements of ilia weliota shall not apply to any colntraet of 52,000 or less. (d) Upon a written finding by the head of a Fcderd agenry, circ �eeretary of Laoor may provide masonafrle IimiW ions. •rations, tolrraaneen, and etempiww (rum cite rtgltitementa of thi. seetion Subject to 54"conditions as the Secretary oC Labor may siaeeify. (q F.R. 93,1.... J. 1964, a, amended at 33 F.R. 10186, July 17, 19681 Section 3.4 Submission of weekly statements and the preservation and inspection of weekly payroll records. (a) Fach weekly statement miuired under § 3.3 ,lull Le delivered by cite contractor ur wbeuotranor, within +1wen days after the repddinK r Pacntent dale of the payroll perod, to a represenlatiye of a Federal or State agency in ciargr at the site of the buiidinll or work,, or, if there is no representative of a Federal or State agency at the site of the building or work, the statement+hall be mailed by the contractor or suireontraetor, within such time, to a Federal or State agency contravolg for car fioancine elle ;wiidin; or work. After such examination and chrek as may Le made, Muck statement, or s cup thereof. shall be iteps asaiiabie' or shall be transmitted urgether wish a report of any viuiation, In accordance with applteahlc prteednrca prescribed by the landed States Devartnnent of Labor. (b) Each compactor of Subcontractor &half pro-- ha Sure" lay coil records iter a Period of three years fmm date of comilrtion of the contract. 71m payroll proof," shall set out aecntrately said comolrtrly the name and addrrsa of caeh lal ofer and naechude, Iris correct cla,aaiGeation, rate of pay, daily And weekly number of Iloun worked, deductions made, and actual rages paid. Such payroll pecorda .'all be made av&d jdc at ad tunes for inspection lay tilt Contracting officer or hi, authonzed representative, and by autlonaed reprrsentatlYO of Lite Deparlanent V( Labor. Section 315 Payroll deductions permissible without application to or approval of the Secretary of Labor. Deductions made unuler the circumstances or in the situations Jmribed in tine Paragrapltsbf this section may he made without application to and approval of the Seesetary of Iabor: (a) Any deduction made in cumili iance with the requirements of Federal, State, or local law, such u Federal or State withholding income taxes and Federal social security tales. (h) Any deduction of Metro pre+iocady paid to the employee u a Ilona Me prepayment of ovagcs wIwn such prrravmenl is made without diswunt or interest. .% "bons (ids prefrayme"t of wages" is considered to have been made only when ca,h or its equiyalrnt Ina. Lree advanced to the person employed in such masncr as to give hills complete freedoso of diapo'itlun of lite advanced funds, drJuction of amounts rrquirrd by hurt process to be paid to another, unless tine deduction is in favor of the cootractor, subeuntractur ur arc affiliated Person, ur when collusion or tollaboralnon exists. r9J0•a'sae" O.C. Page :1 cf 13 9/75 OaJ0.3 :4 (d) Any deduetson constttuung a Contribution on behalf of the pwrwn employed to funds established by the empiover or reprea rru ayes of employees, or both, for the prupose of providing either irom principal or invame, ar both, medical or hospital case, pensions or annuities on retirement, death benefits, compensation for inturves, illness, accidents, sackness, or diaabality, or foe insurance to provide any of the (oregoing, or unempioyment benefits, vauaon pay, savings accounts, or similar payments for the beneiat of employees, their families and dependents: Proorded, .kowever, That the following standards are met: (1) The deduction is rot otherwise prohibited by law; (2) it is either: (i) Voluntarily consented to by the employee in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the obtaining of or for the continuation of employment, or (ii) provided for in a bona ride coiective barzainmg agreement be- tween the contractor or subcontractor and representatives of its employees. (3) no profit oe other benefit is otherwise obtained. directly or indirectly, by the contractor or subcontractor or any affiliated person in the form of commission, .iivdend. or otherwise; and (4) the deductions shall me the convenience and interest of the employee. (e) Anv deduction contributine toward the purchase of United 'States Defense Stamps and 9onds when voluntarily authorized by the employee. (f) Any deduction requested by the employer to enable hirci to rrpay loans to a to purehame shares in credit unions organized and operated in accordance with Federal and State credit union statutes. (g) .LIY deduction volantarrly authorised by the employee for the maimg of contributions to governmental or quasi. Memmental agencies, such as the American Red Ctoaa. (h) Any deduction voluntarily authorized by the employee for the malting of Contribution# to Community Chests, United fivers Fundy, and nmaliar charitable organisations. (i) Any deductions to pay regular union initiation fees and membership dun, not including Gates or special aaaesrnents: Provided, however, That a collective bargaining ar¢eement between the contractor or subcontractor rid representatives of its employees provides for such deductions and the deductions we not otherwise prohibited by law. �) Any deduction not more than for the "reasonable Coat" of board, iodeng, or other facilities meeting the require- ments of section 3(m) of the Far Labor Standards Act of 1938, as amended, and Part 531 of this tide. When such ■ deduction is made the additional records required under 15 16.27 (a) of this tide ,hall be kept. Section 3.6 Payroll deductions permisstbfe with the approval of the Secmtary of tabor. Any contractor or subcontractor may apply to the Secretary of Labor for permission to make any deduation not per - matted under § 3.5. The Secretary may grant permission whenever he finds that: (a) The contractor, subcontractor, or any affiliated person does not male a profit or benefit directly or indirectly from the deduction either in the form Ufa commaeswn, dividend, or othemwe; (b) The deduction is not otherwise prohibited by law; (c) Tit; deduction is either (1) voluntarily consented to by the employee in writint and in advance of the period in which the vowk is to be done and such consent is not a condition either for the obtaining of emplovmcnt of its continuance, or (2) provided for in a bona ride collective Urgaining agreement between the Contractor or subcontractor and representatives of its emplovees; and (d) The deduction serves the convenience and interest of the employee. MUO-ssan, .'.C. Page 1-2 of 13 9/75 Section 3.7 Applications for the approval of the Secretary of L:bor. Any applicat on for the makine of payroll deduct)nns under § 3.6 snail ranniv with the requirrntenta pre-crni.•d in th, following paragraphs of this section: (a) The applicatioll "it be in venting and ,hall he -Wer-red to the Secretary of 1.2bor. (b) The application shall idenii(v lite rtntract or cuntracts uuaer whiril the work in question is to be performed. per� mission will be given for deductions only on specific, identified contracts, r,rrpt upon a ;iwr:11C of C\cel)tN)))al urcuu) t nye.. (e) The application sltsil state a(finnatively that there is compliat)er with the >landards sq forth in the provtr is of § 3.6. The affirmation shall be accompanied by a full statement of the facts indicating such ampliance. (d) The application than include a description of the proposed dedueiion, the purpose to be served thereby, and the cLres of laborers or mechanics from whose wage the proposed deductwn would be made. s (a) ;ire application shall nate the ,came and business of any third person to whom any funds obtained from the pro. posed deductions ate its be transmitted sod the a(Giiatiun of such person, if any, with the applicant. Section 3.8 Action by the Secretary of Labor upon applications. The Secretary, of Libor shall decide whether or not the rrquestcd deduction u permissible under provi%ions of § 3.6; and shaA totiiv the applicant in writing u( his decision. Section 3.9 Prohibited payroll deductions. Deduetis" not elsewhere provided for by this part and which are not found to be pcmitsitble under § 3.6 Are prohibited. Section 3.14 Methods of payment of wages. The payment of wages did) be by rash, nemtiable inatrumenta oav to the Copeland Aet cugable on demand, or the sdditinrul forma of Com l cnst- tion for which deductions arc permissible under this pan. No other methods of payment dwif be reuiardn o%nrkauhle et Section 3.11 Regulations part of contract. All mntrsets made with respect to the construction, prosecutiun, compktx)n, a repair's( site public building or public work or building or work financed in whole or in pan by loans or grants front the United States covered by the regulations in this part $)wit t1limady bind the contractor or subcontrwwr to comply with such of the reguluions in this part as may be ap. phieaWe. In this regard, we § 5.9 (a) of this subtitle. a. a Goyvrrnn r�s8:i taG or rtcr :'.m o . u. -car nsr - _ iso -sale„ D.C. ?age 13 of 13 9/'S ) 31 STA1. 649 P,ib. Law 93-383 Ib • Augnst 22, 1974 11► , rction 3r,;9 of the Revised Statutes, u amended (31 tS.C. 711), is intended by adding at crit ertd thereof a new paragraph u follows: "(22) For payments required from time to time under contracts enterers. into pursuant to section 109 of the Housing and Community �`�'+ �• �7• Ihyelopment Act of 1974 for payment of interest costs nn obligations guaranteed by the Secretary of housing and Urban Development tinder that section." 42 LSC 5108. (g) With resl>ett to any oblig-stion issued by s unit of general -local government or designated agency which such unit or a-,-t-ncy has elected to issue as -. taxable oblit .ttion pursuant to subsection(e) of this section, the interest paid on such obii=scion shall be included in gross income for the purpose of cimpter 1 of the Internal Revenue 68A stat. 3. Cale of 1y54. 25 Mc 1 NOYDIESCI )KATION 42 MC 5309. Sic. 109. (a) No person in the United State shall on the ground of race. color, national ori;rn. or sez be excluded from participation ia, be denied the benefits of. or be subjected to discriminatln under anv program or activity funded in whole or is part with funds mads available under this title. (b) Whenever the Secretary deter -nines that a State or unit of general local Lrivernnient which is a recipient of assistance under this title has failed to compiv with subsection (a) or an applicable regula- tion, he shall notify the Governor of such tate or the chief executive obiter of such unit of local government of the noneompii=rice and shah request the Governor or the chief executit-e officer ro secure compliance. If within a rersonabie period of time, not to exceed sixty days, the Governor or the chief executive od•+cer• fails or reftzgei to secure compliance, the secretary is autliorized to (1) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; (9) exercise the powers and functions provided by title VI of the Civil Fights Act of 19G4 (421 US.C. 2tY.01) ; (3) exercise the potters and functions provided for in section 111 (a) of this Act; or (4) take such other action as may be provided by law. (c) When a matter is referred to the Attorney General pursuant to subsection (b), or whenever he has reason to believe that a State government or unit of gmicral local coyernment is engaged in a pattern or practice in violation of the provisions of this section- the -Attorney General may bring a civil action in any aiipropriate United States district court for such relief as may be appropriate, including injunctive relief. LABOR STANDARDS 42 ?SC 5310. Sre. 110. All laborers and mechanics empioved by contractors or subcontractors in the performance of construction toric; financed in whole or in part with hrants received under this title gall be paid wag-ts at rates not lr_s than thou prevailing on similar construction in the locality as deterntined by the Secretary of Labor is accordance with the Davis-11.zcon Act. as rmendetl (j0 U.S.C. 27w-276a�) ; Prodded, That this action shall apply to the rehabilitation of residential prnp.rt)• only if such property is desigtxd for residential use for eight or more families. The Sccretsry of Lnbors'u11 have, With respect to such labor standards, the autilorlty and functions set forth in Itcor anizatinn Nin \umixred 14 of 11150 (1S FJL ::I -,G; 64 Stat. S LSC app. 1967) and s+•ction 2 of the Act of June 13, 1934, as ueruded (48 .S.LaL 40 vSC 2760. 948; 40 U, S.C. 276 (c) ). CHAPTER IV CONTRACTORS RESPONSIBILITIES I. General Responisibilities of Contractors A. General Oblications Contractors bidding on non-exempt Federally involved construction contracts should carefully review the General requirements relative to affirmative action and non-discrimination stipulated in. the Equal Employment Opportunity (EEO) Clause and the Federal EEO Bic Conditions, where applicable, which incorporate the voluntary minority utilization plan (Hometown Plan) and/or impose minimum minority untili- zation goals and timetables on contractors. Upon award of the Federally involved construction contract the contractor will be bound by the requirements of the EEO Clause and applicable Federal EEO Bid Conditions and must be able to demonstrate compliance with those requirements, including the designa- tion of a high level company official to assume the responsibility for the contractor's EEO Program. B. Notification of Specific Responsibilities Subsequent to award, but prior to the initiation of construction on a covered Federally funded or assisted contract, the prime contractor and all known subcontractors will be notified by the Federal Compliance agency, which awards or administers the contract, of the specific reporting and record keeping requirements under the EEO Clause (See 60-1 ) and Bid Conditions (See Appendix II). -2- C. Notification of Subcontractor Each prime contractor and subcontractor shall include by reference the EEO Clause and applicable Bid Conditions in all advertisements or other solicitations for bids, and shall include the EEO Clause and applicable Bid Conditions in all contracts. Each prime contractor and subcontractor must provide written notice to each subcontractor of the specific reporting and record keeping requirements under the EEO Clause and applicable Bid Conditions. Upon award of a subcontract, each contractor shall immediately notify the Compliance Agency of the contract number, the subcontractor's name, dollar amount of contract, estimated start and completion dates, and the crafts which will perform work under the sub- contract. II. Obligations Under Federal EEO Bid Conditions. (See Attached Flow Chart on CONTRACTOR OVERVIEW) i. A. Hometown Plans Part I (Voluntary) Hometown Plans are Office of Federal Contract Compliance Programs (OFCCP) approved voluntary area -wide agreements between the"construction industry and representatives of the minority community establishing craft goals and time- tables for minorities. The Plan and the signatory partici- pating parties in the Plan are incorporated in Part I of the Bid Conditions for the Plan area. - 3 - Contractors signatory to and participating in Depart- ment of Labor approved Hometown Plans and utilizing a local craft under Part I of the Bid Conditions are required to comply with the Provisions of the Plan and the EEO Clause. Removal of contractors to Part II of the Bid Conditions and/or initiation of enforcement proceedings may be recommended to the OFCCP Regional Office by the Administrative Committee for a contractor's failure to meet Hometown Plan requirements. Such action may also be initiated directly by the OFCCP Regional Office for violation of the EEO Clause. B. Hometown Plan Part II. Appendix A (Imposed Plan) and Special Bid Conditions Contrators subject to Part II of the Bid Conditions (including contractors participating in the voluntary plan but Utilizing craft(s) subject to Part II requirements) and those affected by Appendix A of an Imposed Plan, or Special Bid Condi- tions are required to: 1. Comply with the EEO Clause; 2. ,Meet the minimum goals and timetables for aggregate workforce utilization specified in the Bid Conditions and/or Appendix A in each covered craft on all covered work in the area under the Bid Conditions/Appendix A or provide DOCUMENTARY EVIDENCE of good faith efforts to implement the minimum acceptable affirmative action program; • - 4 - 3. File monthly or as directed by the contracting or administering agency, beginning with the effective date of the contract, workforce utili- zation reports (Standard Form 257) reflecting the Prime contractor's and each subcontractor's aggre- gate workforce in each covered craft within the area covered by the Bid Conditions (See Appendix II) and a one time listing of all Federally -funded or assisted contracts within the Bid Condition area by agency, contract number, location, dollar volume, percent completed, projected completion date, and .a listing of all covered non-federal work, subse- quent to the submittal of the first listing. Monthly reports, thereafter, should only include new contracts received and those contracts com- pleted; 4. Provide access to books, records, and accounts of all covered construction sites and documentary evidence of good faith efforts to the Compliance • Agency and/or the Office of Federal Contract Compliance Programs (OFCCP) for the purpose of conducting a review. When the Compliance Agency and the OFCCP have determined that the contractor has consistently met the minimum utilization goals in a covered craft over an entire construction season, re- porting requirements will be changed from a monthly to a quarterly basis. However, if a contractor fails to meet the minimum - 5 - utilization goals during any quarter, monthly reporting requirements will be reinstated. III. Enforcement (See Attached Flow Chart on CONTIRACTORS OVERVIEW) A. Compliance Review Contractors failing to meet the minimum utilization goals specified in the Bid Conditions, or subject to outstanding allegations of discrimination in violation of the E.E.O. Clause will be subject to a thorough review of their implementation of the affirmative action program as specified in the Bid Conditions. and, where required, a thorough review of their compliance with the E.E.O. Clause. Contractors will be subject to general enforcement, as stipulated in Subpart B of CFR 60-1 at the discretion of the agency or the OFCCP. A compliance review conducted by the Compliance Agency will consist of the following (See Appendix III B): 1. A thorough review of the contrac'tor's books, records and accounts and other relevant docu- ments. (If a contractor has met the specified minimum utilization goals for the aggregate workforce the contractor will be presumed to be in compliance with the requirements of the Bid Conditions and the review concluded, unless an allegation of discrimination in violation of the E.E.O. Clause has been made.); • 2. Validation of the information presented will be made through on-site reviews of a sample of all of the contractors projects to determine whether the contractor has met its goals or has made a good faith effort to implement all of the affirm- ative action steps specified in the Bid Conditions, and has not violated the E.E.O.Clause. B. Remedial Commitments In the event that a contractor has failed to meet the minimum utilization goals and had failed to provide adequate docu- mentary evidence of good faith efforts to implement the minimum affirmative action program as specified in the Bid Conditions, the contractor will be given an opportunity at the conclusion of the compliance review to make specific written commitments, which will be signed by an officer of the company, to remedy all deficiencies r identified during the review, provided that the contractor has not otherwise been found to have violated the E.E.O. Clause. If such commitments are made by the contractor and approved by the Compliance Agency, the Agency will find the con- tractor in compliance and initiate monitoring of the specific COMM, itments. C. Notice of Intent to Initiate Actions Leading to Sanctions If the contractor fails to make, or having made, fails to implement adequate remedial commitments, and/or has been found - 7 - to have otherwise violated the E.E.O. Clause, the Compliance Agency will issue a show cause notice to the contractor pro- viding 30 days for the contractor to come forward with addi- tional evidence of its efforts to comply or to make adequate remedial commitments, and, where required, to demonstrate that it has not violated the R.E.O. Clause. If the contractor makes such demonstration(s) and/or commitments, the Compliance Agency will withdraw the show cause notice and place the contractor in compliance, provided that any violation of the commitments will cause the contracting agency to proceed with actions leading to sanctions. D. Initiation of Actions Leading to Sanctions If, during the 30 day period provided, the contractor, (a) fails to document adequate good faith effort to implement the minimum required affirmative action steps or fails to make ade- quate commitments to correct all deficiencies, or (b) where re- quired, fails to demonstrate that the E.E.O. Clause has not been violated, the Compliance Agency will initiate actions leading to the imposition of sanctions against the contractor, pursuant to 41 CFR 60-1.26. Upon such action by the Compliance Agency and approval by the OFCCP, the contractor will be notified that actions leading to sanctions have been initiated. The notice will state the rea- sons for the action and provide 14 calendar days for the contractor to request a hearing regarding the imposition of sanctions. - 8 - If no request for hearing is received within the 14 day period, the Compliance Agency and/or OFCCP will impose such sanctions as are deemed appropriate provisions of 41 CFR 60-1 , including cancellation, termination, debarment or ineligibility for further federally funded or federally assisted contracts. Upon receipt of a request for hearing, the Compliance Agency and/or OFCCP will arrange for and conduct a hearing on the issues outlined in 41 DFR 60-1 and 41 CRF 60-30. During the pendency of any such request for hearing, a contractor's other federally involved contracts may be suspended in whole or in part, pursuant to the provisions of 41 CFR 60-1. However, no sanctions or penalties specified in 41 CFR 60-1 or Executive Order 11246, as amended, may be imposed without the approval of the Director, OFCCP. The hearing procedures (41 CFR 60-30) provide that any conciliation agreement or consent decree proposed as a settlement of the issued and the final decision on the imposition of sanctions must be approved by the Secretary of Labor or the Director, OFCCP. , IV. Technical Assistance The Compliance Agency and OFCCP Regional Office staff will provide technical assistance regarding the implementation of the requirements of the E.E.O. Clause, Federal Bid Conditions and/or Appendix A upon receipt of a request for assistance from a contractor. Requirements for Contractors (See Rules and Regulations, Title 24, Part 135, Federal Register, October 23, 1973) PURPOSE In the administration of any HUD funded program, to the greatest extent feasible: (i) opportunities for training and employment arising in connection with the planning and carrying out of any project assisted under any such program be given to lower income persons residinq in the area of such ro ect, and (ii) contracts for work to be performed in connection with any such project De 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 acencv 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 projte area residents, including specific identification of area organizations, advertisin media, sLgn placement, etc.; c. Statement explain that contractor will maintain a list of all project residents appl inq and records indicating status of action taken, with reasons for such. 2. Skilled Employees Same as a. , b. and c. a bove. 0. Businesses, Subcontractors, Vendors, etc. I. Listina of each category of goods and services to be utilized on subject contract, along with estimated dollar amount value of each; 2. Listing of dollar value planned to be awarded to project area businesses, subcontractors, vendors, etc.; 3. Detailed description of specific means to be taken to publicize advertise, notify, etc., area businesses, etc., of opportunity to become subcontractors, etc.; indicate specific organizations contacted, advertisements placed, etc.; 4:. Records of actions taken to implement above-described plan, and reasons for such; 5. Insertion in bid documents/negotiation documents of contractors _ affirmative action plan, project area 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 Housin and Urban Development, the contracting aaencv. 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 appropriate and may, as needed, amplify any reaulations issued pursuant to Section 3, through guidelines, handbooks, circulars or other means. (ii) Require, in consultation with the Administrator of the Small Business Administration, that to the greatest extent fea—s-TorTe contracts for work to be performed in connection with any such project be awarded to business concerns including but not limited to individuals or firms doing business in the field of planning, consulting, design, architecture, building construction, rehabili- tation, maintenance, or repair, which are located in or owned in substantial part by oersons residing in the area of such project. -2- (b) In the development of these regulations the Secy has consulted with the Secretary of Labor and the Administrator of the Small Business Administration and mutual agreement has been reached with respect to the coordination of emplovment and traininq efforts and contracts awards under these regulations by the Deoartment of Housing and Urban Development, 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 3 of the Housing and Urban Development Act of 1968. (d) The Secretary will issue such further regulations in connection with his responsibilities under section 3 of the Housing and Urban Development Act of 1968, as he finds appropriate and may, as needed, amplify any regulations issued pursuant to section 3, through guide- lines, handbooks, circulars or other means. s 135.5 Definitions. As used in this part -- (a) ".Applicant" means any entity seeking assistance for a project including, but not limited to mortgagors, developers, legal public bodies, nonprofit or limited dividend sponsors, builders, or property managers. (b) "Business" concerns located within the section 3 covered project area" means those individuals or firms located within the relevant section 3 covered project area as determined pursuant to s 135 i5, 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 b ersons residing within the relevant section 3 covered project as determined pursuant to 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 politi ally 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 housing, urban olanninq, development, redevelopment, or renewal, public or community facilities, and new community development except where the financial assistance available under such program is s lely 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 requirements of this part, as is any subcontract of $50,000 or under on such projects or contracts in excess of $500,000. (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 redeiegate functions and responsibilities delegated in this section to employees of the Department, provided, however, that the authority to issue rules and regulations under s 135.1 d may not be redelegated. -4- w 0 - - 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: (2) The boundaries of a section 3 covered project located: (i) Within a geo4raohic area designated as an urban renewal area pursuant to the provisions of title 1 of the Housin 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. 3301; or (iii) 'Within a geoqraohic 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. The boundaries of a section 3 covered project not located within a geocraphic area designated pursuant to Title I of the Housing Act of 1949, or Title I of the Demonstration Cities and Metr000litan Develo ment 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 covere project is located shall be designated as the relevant section 3 project area. The determination to apply tis subparagraph shall be made by the Assistant Secretary for Equal Opportunity or by the same official designated by the Assistant Secretary for Equal Opportunity to determine the section 3 covered project area pursuant to paragraph (a) (1) of this section. (b) The Department's Regional Administrator, Area Of`ice Director, or FHA Insuring Office Director, as appropriate, shall determine the boundaries of each section 3 covered project. 5 135.20 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 forth in this part, and any app scab a ru es and orders of the Department issued thereunder prior to approval of its application for assistance for a section 3 covered project. -5- i (b) Every applicant, recipient, contracting party, contractor, and subcontractor shall incorporate, or cause to be incorporated, in all 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 Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employ- ment be aiven lower income residents of the project area and contracts for workrin 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. 10 65bo, a - rahibit 1 FRMON.%RJCTIOY CI CKLIV FCR CON;':UCTORr— ?=' 4 iC LAAOR STANDARDS CONiUCT 7IR'"rti:S I. TNTRODC,C^.IO?I. The following checklist has been prvpered to aosiot contractors and subcontractors in meetine contrataual labor standards responsibilities. lll.ca.jor ad_.inistrative and ;procedural activities have best covered in t:e sequence they will occur as the construction project proceeds. Careful attention to and use of the chhecklist should result in a clair.:a n7=ber of probletz with respect to labor standr-do. II. M. LkI?ITCYf TC^. I . :he word "erployer" as used below rofora to the. project cor.trsotor, each subcontractor, or each lover -tion subcontractor. Payrolls and other documentary evidence of cohp'-ionce (:-Asked with (asterisk) Inv ^enuired to be ount to the "cinient for r -view (ltli to be sub.itted the :'i the - ;ec cc^trcctor). The dellve:y procedure is ac follows: I. Fach lover -tier eribcontractor, after careful review, subaits required documents to the respective subcontractor. B. Each subcontractor, after checking his own and those of each lower - tier suboontrector he may have, submits required doc=ents to the contractor. C. The contractor, aftor revievi.ng all payrolls and other do-u=entaticn, including his own, and correcting violations where recess --r. sutllts all to the rocipient. 111 e Lloyero nhou_l ch..ck erica of the oil _rL: e.a.oc-stn ne b-.. Z true. If a^.v statement is not tree, the contractor or his _ orca^ntative �.� ►�D.O.J, O.C. . — - Page 1 of 14 9/75 6500,ib.:) h.i c 1, 2. should contact the recipient for special ViSsnea. III. P CO!^i'trCT?OY E�C::7tS T,AC3 F`tFL07r'R FISC 1. Not been debarred or ot+herviae asda iaoligible to p&rtioi- pato in eny loders.1 or Fedorslly-&aaistod pro11 4ect. B. Received appropriate contract provisicne covering labor star,dnrd.a roqulroaonta. C. Reviewed and undo�t&m,y° all labor otanda-42 oontract pr ovis ic:s . �- D. Received the waV decision as P -rt of the Oont'-ct. Requested....-rou6h � the recipient and received the mini== y, wage for each classification to bo woriced on the projoot which vas not inoluded on tha wage decision by the Es:d-'ticsnl elseifics'.ic� proeec^ and before allcrding any rich troLe(s) to work on the project. * F. Requested rrd received certlficatian of his apPreatico pro- - -- sad fr^m is Stato'a 3ureau of .lpp.-nticeahip r coeni=ed by irSB-'T) and eQt.;itted copy thereof to -a recipient prior to =?loy- peat on the pp:olect. Ukewise, �,trs neetl progr= oertifi- C&tion from II. �. B. 1,. T. if aPYlicable, Gilt b0 aub3lt:ed. • ....rr' . ►�C•.A. O.C. 9n5. page 2 of, 14 6500.3 3• IV. AT CTMTRI;C-10N START THE M--RAtCTCR HAS: • d. Notified recipient of construction start date in writing. B. Has placed each of the following on a bulletin board prominently located on the project site which can be seen easily by the workers (ard replaced if lost or u avadable any time during , construction): - Nage Decision Notice to EWployees (V.q 1321) Safety and Health Protection on the Job (;AL) Before assigning each project worker to worv, has obtained worker's nate, beat railing addr-ess, and Social Security Number (for payroll purosse). +' D. Ras obtained a copy of each apprentice's certificate with the apprentice's registration n:::ber and his year of apprentice- ship from the State BAT. E. Has informed each worker of: 1. his wo2i: classification (jw.rney--.aa or job title) as it will appear on the- payroll. E�.,�.�.—--------�:�.-s�.�zrrr^--.-�^-�„�-� =— :.tet> �.:.,.�—•.mss--_..._�-��.;-�...�s.:,..-�-..---_..,..... MUD-Y.,A- D.C. --- --- -- - - Page 3 of 14 9/75 6500.3 � • • W 4• f t , 2. his duties of work. j. the U. S. Departmant of Iabor's requirement on this project that he is either a journey"-.4Ln+ apprentice, 1,. or laborer - ---'—" If journoysan, he is to be paid Journeyman's minim= wage rate or mora; ------ If apprentice, he is to bo pail not 1008 than the apprentice's rate for the trade b "ed on his year of apprenticeship; or If laborer, he is to do laborer's work only - not use any tool or tools of the trade - and not perform W part of a 4#ouM`sYmaa'8 wo''x - and is to be paid the laborer's mini== wage �.. rate o: more. ----" p, Understands the regiUry=ants that each who Perfama worklon the project in laborer or aac,`"nic more than one olassification withLn the same work week shall be classified and pair at the highest wage rate applicable to any of the work which he performs unless the following requirements arra set: 1. Accurate daily tl-.a records shall be naintaiaed. These records ^est ahow,tho tL-�.s worked.in each clsEsifica- . tion and thi rate of pay for oach classification, .sed mast be siped by tw•a----- 6500.3 F=--] bi reJ 5• 2. The payroll shall show the hours worked in each clanaificetion and the wage rate paid :or each elassificatian. 3. The payroll shall be signed by the worL=an or a signed copy of the d%ily tine r000rd .hall be attached thereto. G. Has L-nfomod each vo_-kbr of his hourly w,aE-os (not leas than the =ini--= v&V rate for his work which is stated is: the Wage Dooision). 1. ti:e and a calf for all work over 8 hours any day or over 4,0 hours aay work week (see Contract work Hours Safety Sta.-Ida--d.8 act). 2. fringe benefits, if ery (see V&Ce Becicion for fry required). 3. deductions from his pay. H. Has infornod each worker that he is subjoot to being interviewed on the job by the recipient or a EM, Depa.rtaent of Labor, or other U. S. Goveirzent inspector, to confirm that his employer is complying with all labor requirements. I. Eas infq=, -d each and each apprentice that a jou-z:cyrr-n rust be on the job at all Lifson vhan an app -entice is working. �. Each E--ploy-er: 1. has not selected, aeaignod, paid different pay rates to, transferred, upg:adod, deaated, .aid off, no: K*.Vs&h. O.C. 9/75 Page 5 of 14 6500. J • �- _ ` a E,. dismissed any project worker booaueo of race, color, religion, sex, or national origin. _ 2. has employed all registered apprenticeu ruforred to him through no:.al channels up to the applicable ratio of apprentices to journeyman in each trade used by the ecployer. j. will «aintain basic ecployrent recordz accesaible to inspection by the recipient or C. S. Govazr ont representatives. 1a. is complying with all health end -safety atandards. 5. has ,-said all workers weekly. ~ 6. has submitted weekly payrolls. a. prepared on recoaended FOrM WH -IM: Availablo from - v Superintendent of Docurents Govor=ent PrintLng c:fice Washington, D. C. 20402 Contractors who via," to purc:ace the fozns stall be urged to enter their orders procptly because the Superintendent of Documents takes six weeks to fill orders. It ie pe= ssible for cart—' ctors to reproduce the fo=a if thev wish. $oma employers place all project workers on Payroll Fora L3-347. The recipient doer not review those project workers listed on tho payroll who perfo= work which is descriptive of any of the following -job titles which are execpt from labor requirements: HL*-V..h. D.C. _ 9/75 -- - - page 6 of 14 6500.E - I e•+ l�li k - i 7. i project auperintandent i pro}egt engineer ruporvisory fore-man (lose than 20� of tine ae a working forer.j--n) meaeor�^ar i clerical, workers _ tinokeepers payroll Clarks - boo}loopan Any alternate p&7roll fora used should be cloaxod with before employer•sta.-to work oa project. A project printout by computer, for eza.-plo, is acceptable provided all data shorn and required on the front and back of Payroll Fora WII-347 is on, or included with, psy=ll submitted to recipient. b. Prost Page of Payroll (Pow k3-347) HPadir.s (6 "blo ks" of i^fo:-ation) 1) Raze of ? Ictiror. HarA of e--ploy-or is stated, showing whether contractor or r-bcontrro.ctor. 2) Add,-eye. Street &:dress or P. 0. Box, City, State, and Zip Code of E=ployer is stated. j) Paw ell 'Mbar. Each weekly payroll in numbered in toquentibl ordar (starting with Payroll Ro. aln)� 1f cmployer'a wor4-era perfo W no p;laical work on the project durL-Z wozk weak, he hna -- -- - submitted a "no wow" latter for that work week. ewe-T-:rs..-. ---+erg-.t-.=n-�.wr,+�..�r..�..".,�.-.-...,.�....�.-,s.-..r•�•r-.,��T .. /�1OFJ� D.C. • -_ _ . Page 7 of 9j75 W14500t .3 0. payroll of employer's final work week on the project (cocpletion of his work) is narked "Final". For Week Fmdir.;. The last date of the work week is stated in this "block". _ protect and name of project and city in which located is stated. Colin 1 - Workor's NP -.e, as it appears on his PI.Y check, is stated. Vorkers's best =riling address and social security nuaber is stated on Pa,7roll NO. 1 or the payrvll on which his name first appears. If worker cha;%ges his rosidential address while working on the project, his new address is otated on next appli- cable payroll. If sny two or more workers have the raze name, their social security r.�.:.:.bers� are included on the payroll to roto separate ideatification. Colu-n 2 `10. of 'ait".oldin. F:ze--ptic^.s is for crployer's convenience - not required by BUD to ba cozpletod. CC01IL-n 3 - "n,.e Work Ciassification (job WJo-W,.►., D.C. 9/75 Page 9 of 14" _ .. -- � • � • 6500.3 � . F�dli.hit l 9. title) for the worker is included in the Vage Decision and denotes the work that worker actually performed. Nota: If the applicable classification Is not included in the Wage Decision, contractor should call the recipient i=Odiately, and request clascifica— tion by Additional Claseificaticn. Apprentice. If worker is an apprentice, his State EAT registration nurber and year ` of apprenticeship is included in this c62u=n the first time the apprentice's `� Wase appoa-s on the payroll. Split Clecsificn•.Sor. If worker has per- -_- forrad tore than one class of work during the work week, such as carpenter and laborer, the division of work will be shown on separate lines of the payroll. Accurate dail;r tir_.e records show the exact hours of work performed daily in each claae of work, and a ---v signed by the affected worican. pdge 9 of 14 � 9%75 6500..1 ] • • . -- �{w..ea+s+..r.+r»-..a.�1'yr^.^'.•tR: .s "3�a7lQJeS` 'leai'.+0 10. Each claso of work he performed is stated in Colin 3. in separate "blocks". His name is repeated in corresponding "blocks" in Column 1. The breakdown.of hours worked daily under each work classification is stated in Column 4, and total for week in Column 5. The applicable wage rate for each claasi- fication of work is stated in Colu.n 6. The payroll is signed by the work== in the related "blocks" or a signed copy of the daily ti --s records are attached to the payroll. If the above is not done, the worker is paid at least the hi&.est mLh!t-- wage rate of all of the classes of work per- formed for all hours worked. xotes: Iyeraoe Pay of Two Clpmsos of •' rk ?Tot Ace—tad. The employer &hall not ply a "semi-,4,ou,-ziey-an" or semi -skilled laborer tho average of jouraoy-:an's and laborer'& rates. Tho actual hours erch worker asses tools of trade ( jour-ioy^_nn) sad each hour he does not u:a tools of tis trade (laborer) m•.izt be Wpr..►, D.C. 9 _ _._..._ Page 10 of 14 • , .. 6500.1 - 1:>J t I �✓ asta Il. recorded in separate "blocks" in Column 3 of the payroll. Helper. The work classification of "helper" in -not accepted by the Department of IIID, un- less included in the nage Decision issued by the Secretary of Labor for the project. AV employee listed as "helper" in absence of such classification in Wage Decision aunt be - paid the jo rney�n'a rate for hours he uses ` tools of the trade. 9) Colu-n h - FoursWorl ed. Each 1:ay 'Date, for vork week are stated. Overtime Fours (11011), if any, a --e stated separately fl.rca streie. t hours ("S") - over :8 hours arq day or over 40 hours av w^rk week. 10) Col , 5 - '"otgl Furs worked during the worx week are stated (the sum of subcolumns in Column 4) - straight and overtime hour -s iecorded topsrately. 11) Colin 6 - Rate of Fay, not less than the rUnirasn waV rate for the work classification (Cac"ikV T,ocision) is stated. overtire Ratn of Pay is not less than 1-1/2 times the woricor's basic (straight) hourly rate of pay (Contract Work Fours (':Z"`:-:r*_F_'t^9v'--�--.'�'•r"�'..r.'^_..3� �'�`.x-7•x�ee-sem �--er-„.i.'�'„'-.�, . OWD-Wo.A. O.C. - - - -” — - - — - — Ingo 11 of 14 9/75 12. Safety Standards ,tot). Apprenticee. If a copy of the apprentice's registration certificate from tho State DAT has not boon aubcittod to ruciplent by employer (through contractor), apprentice slat be paid journerum 's rate. Pisco 1lorker. Piece work must be stated in Colin 6 at an hourly rate, the Grose pay for the work week (work on the project) divided by ` the total number of hours worked on the project during the work week. Colin 7 - Cross F.ixnod equals straight hours shown in Colu--n $ tree strait rate of • pay shown in CO1LT. 6, plus orortse h, -a a (if any) shown in Colum $ tis overtiz-e rate of pay shown in Colum 6. 12) Co1kn 8 - Deductions. Each deduction made is required by law, voluntarily authorized by the worker in writing before the work week began, or provided in a bargainirZ agreezent is be deducted from the respective worker's .pay. 21) Co1+L— 9 - Net w-t-•tt stated are Colu.-n 7 Anus total deductions ahown in Col= 8. tr'-"'"-'-'��`=".'.�"��tr'.�'"'L•5,�"3.:Si..:--`c+��-v.�--rw�1T.... •y-..-.+,r.�..�.-.�.-�-� +s�.e+-w-•a.-�"'...L'r'>`r"i`. — - - - - _ ,•f�seaea KJO-We J. O.C. 9/75 Page 12 of 14 6900.1 � - nxtWA t 1 1). . C. Rack of PP-Y:`oll (Form V'ci-347) 1) Each Dcployer hast Completed all blank ei,aces and understands the penalties for falsification. checked Item 4 if frint-e benefits aro in - eluded in the Vago Tocieion for any of his workers - 4(a) - if fringe benefits are paid to approved ILnd(e), or 4(b) - paid directly to each affected worker - inclined in pay check for the work week - his paycheck repre- coating at least the pay of the appli- cable mini— wage rate plus the t=unt of required frinee benefits. ranually signed the payroll in the "block" marked sig atu.^e, and stated his title. The person who siZned the pay=ll is the • Employer or az official of the employer who legally is ruthoriced to act for the erployer. • d. Wrkly Pavwll Revirw. Each e-ployar has proaptiyt zovicwod tho weekly pay -roll for c=pliance with \ all labor roquirenents (using this check list) 16J0-r•sh. D.C. a - — - Page 13 of 14 6500.3 w- dIAt 1 24. and made nocoanarry correctiono. Each Lovor-tier Subcontr.ufor hao oubmitted his weekly payroll or "no work" letter to the respective oubcontractor for the oub- contractor to have received within 3 calendar days from the last date of the work week. Each Subcontractor has received a payroll or "no work" letter frog each of his lower -tier subcontractors, reviewed each and his own payroll, required necessary corrections, and submitted all of such payrolls to the con- tractor to have received within 5 calendar days from the last date of.the work week. Contractor has received a payroll of "no voeic" letter from each subcontractor and each lower -tier subcontractor, monitored each including his own payroll, required neceez rf corrections, and collectively submitt:d thea to the recipient within 7 work drys of the last date of the respective work week. iJ.. 1 ? iii '.-"" C.°•"=1.. _ C;i i'.sch Erpioyer'will: keep al: weekly,;ayrol:s on the project for 3 years after the contractor's pro;;eet completion date. v MO-WsA. D.C. \✓ - - ... ---- 9/75 - -- - -- - - -- - --Page 14 of 14 Company_ Date Official Signature Printed dame IRWIN 01 0 1110-W9161; PURPOSE OF THE SECTION 3 PLAN This pian 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 pportunityto 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 ntractors must complete the Contractor's S potential coection 3 Plan. This proposed for hiring project area plan indicates ,�hat actions, it any, are p rror Alis residents and for subcontracting with project area businesses. ` of ti�ith the project area businesses and a list of organizations concerned employment of project area residents is included in this Section .n order to assist you when filling out the Contractor's Section 3 Plan. Also included in this Section is a Trainee Utilization Plan and a uccessful bidder would be skilled Employee Utilization Pian. The siii- re aired to submit these 2 forms monthly with the Monthly Employment Ut a nation Report (SF 257). PLEASE Fi'OTE: The successful bidder is the one with the lowest bid. Eacn bidder however must ,ign the Contractor's Compliance Form and co,plCt,, the Contractor's Section 3 Plan. or Date: i Project t,Io: - ., Location: STr1T�"11 O: Cv1.f�T+,.•n� Traininz 1�7n! o•—e-t ,�a. C. rt__, �_ _crtun� _ for S s_nesses ana .cwez- _ A. The project assisted L -:a er :.mss i ; �_- m- --1t) is subject to the requirements of Zcc-.4on Of `v.'.e IHC:itsing c^CJUrD_^. LC"v? e ^J' as trended, ••• i . A J rC^— r'.'S that to t o greatest extent feasible ert o incomeresidents _^_..� ara �._- CC•...r a_ is for -work in rith the � � � � _ �^ � S ; r••�`_'=y ^e �"" C t0 �L•S_11eSS CC.^_CE=:.S ! _C:1 2.re located: in or owaed insubsea^t:al _ ,Dy --ers=s area of pct. is B. hOt:,ithStana-afr any Ot::e: / : ro•isisn of t'4 ta . ee^eny t -h-? (applicant (:_ci n :h --l! _ and the r eE-ulaticns _s.a'Cei _ �::3 � ��C J t"'_ : t S J Oji y.. _cr a_ j in 24 c -FR rt _�� (pLo__s ea _.. 3c ?_ce:al i?e^_stet Cc' =r - lc--% and all applicable :'\_-_S G'.•_C. orr•..Cr yn..r -e .C.ec etaz T _ to 4._e exe C'.2 ,_Jn o:h-4 s ( 0^t. =C y / (gi n'=`�-'rt) The = eC"_ _ r_:.J.^` _._ zegL:?at_er.s _r.cla�e at are =ot '-i-•-t=- to :_'.oi ,_:e -.t a::_ of 2_'1 2.a__..._r_:e a--ticz ur_?_=_. - ^ess .� coac=r- $/v • or o"-h=ed _ its -.'S VG.V==1 ^�: .'.v7:5 e.]. :.. _�: r'� ..a_ea Gf�t.' CwrT��+.-.1.... ._ J_ ..r_ training, e.. ; to �.ent, :U__:_:s c�,o=t.._t_es s=_--; inc0 _cra_C;: of the Sect_.,._ ; C__u:e" the re—Sulaticns _.^. ailn.♦ "__Cts :o: iIl,CC :1 �« CC 101 t, 7r o C yv'C- The (a_>>�ua.--)(=: =_.rt) cer r___ =s `,i agrees `ata _s u:._er no con-• tractual or ct :e. disabil t f prevent 4t _ these 1 ecuire_ en s, C. COmPl=ance :.,, t. -.e pror_srs cl sect_cn �, -e�''ati^-s•set .c-`` - ry 24 C h :'.-'yzt_�„ Gr:. al_ ^`^1_CaJ:? '�.'•.1_'-'s al,C C�derz Of v� eW. a/♦•4c V Z= n\-__ r � Vll� �.J•1 .�.�•_", .1� ��ne .]1_1i `_ r+T _y 0e_'�• (�_e_^ 1�,_ Vr�_r), S.�l_ �e a C.nirv._r_-:1 o `e 1�..__''_� "�a_.__.:..1 ance p-•ovided to t :e b^i..^__. _ ^e (ap'e-=a.., successorsand • (L��Z.�Cr_•11V �(��C1 J��T`� I' �! �n ♦yJ T.•.rV�J G+iG J4L .. r....__.••l• UVJ, SV��C: .IJV �J and assiz;.J VIhe r - such sancticnz as a=e speci-iad by 24 Ci3 Section 1305.1-51- : :d to „ Ccnp; n f Adt'lress: 1- �I CONTRACTOR'S SECTION 3 PLAN 1 - Name of Firm Address Phone 2 - Project Name/Description Project Location Please use additional sheets if needed. 3 - Employment a - Do you expect to hire any project area residents? Yes ^!0 b - If yes how many? Trainees Skilled Employees Total 16 c - What organizations, if any, from thl- attached list do you intend to notify? d - What publications will you use for employment noticese 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 prepifred by Name Date osition ATTACHMENT 6 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 _.G - Trainee Utilization Plan 5 - Skilled Employee Utilization Plan 6*- List of organizations concerned with the employment of low-moderat.P income persons. i- List of project area businesses. • TRAINEE UTILIZAT! U;I Ill AN 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 NA1,IE: ADDRESS: TELEPHONE: PROJECT NAME: ADDRESS: -1- Total number of trainees to be utilized on this project? Please list by work category. # OF TRAINEES WORK CATEGORY 2- Total number of trainees currently on your permanent work force? Please l"st by work category. # OF TRAINEES WORK CATEGORY 3- Total number of `rainees currently to be recruited and hired from the project area? # OF TRAINEES WORK CATEGORY DATE COMPANY OFFICIAL'S SIGi;ATURE AN'D TITLE LED UIPLOYIC IfTIL.IiAI 101 _1'i ie. This forttr is to be submitted with the Motrthly Fillployrrent Utilization Report (SF 257). If more space is needed please continue on Cher side of page. CONTRACTOR'S NAME: ADDRESS: TELEPHONE: PROJECT NAIME : ADDRESS: 1- Total dumber of skilled employees to be utilized on this project? Please list by work category. # AC cuts i M PMP M; rS WORK CATEGORY 2- Total Number of skilled employees currently on your permanent work force? P1 ease list by work category. , A nc cvti 1 rn P11P1 rlyppr, 4:ORK CATEGORY 3- Total i;umber of skilled employees currently to be recruited and hired from the Project area? # OF SKILLED E"PLOYEES WORK CATEGORY DATE COMPANY OFFICIAL'S SIGNATURE AND TITLE CONTRACTING OPPORTUNITIES EOR MINORITIES AND FEMALES NAME OF PROJECT: PROJECT NUMBER: MUNICIPALITY: COMPANY NAME: ADDRESS: TOWN, STATE, ZIP: SIGNATURE: TITLE: DATE: PERIOD OF CONSTRUCTION: FROM TO: month/year month/year Is your company minority or female owned? yes no 1-1 Is your company subcontracting, any part of this contract, to a minority or X owned business?yes I`� no I_1 If you answered yes to either question above, please check each box that applies to your company- Male ompany:Ma1e Female M Black Hispanic C1 Native American other rj specify Amount of Contract Check each box that applies tc your sub -contractor male female black Hispanic Native American E] other 1-1 specify Amount of Subcontract $ I - . I I , I I'. 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