The URL can be used to link to this page

Home My WebLink About2 - Appendix I - CDBG Grant Construction Contract Rqmnt Page 1 of 51 Dade City, Florida 33523 15000 Citrus Country Drive, Suite 331 Cell (813) 943-2627 corbett.alday@guardiancrm.comGuardian CRM, Inc J. Corbett Alday, COO For more information contact: Requirements ecific Labor, Wage, Sign, MBE/WBE Goals and Other Grant-SpGrant Construction Contract Requirements 2019/2020 CDBG Sidewalk Repair Project CDBG No. B-19-MC-12-0064 FUNDED BY THE US HOUSING AND URBAN DEVELOPMENT (HUD COMMUNITY DEVELOPMENT BLOCK GRANT CITY OF SEBASTIAN ements Community Development Block Grant Contractor Requir Table of Contents Page 2 of 51 51 ................................................................................................ Additional Resources 50 -45 .................................... ................................................................ Bacon Act (DBA) Details-Davis 44 -24 ....................................................... CDBG Supplemental Conditions for Construction Contracts 23 -19 ............................................................................................ or Standards ProvisionsFederal Lab 18 ................................ ................................. Employee Authorization to Make Other Deductions Form 17 ...................................................................................................... Other Deductions Form Overview 16 -15 ................................................................................................................ Sample -Payroll Form 14 -12 ................................................................................. Instructions for Completing Payroll Forms 11 .................................................................... ......................................... ntractor Requirements Subco 10 ................................................................................................................... Contractor Requirements For Bidder’s Reference 9 -8 ............................................................................. English and Spanish -Employee Rights Posters 7 .................................................................................................................... CDBG Sign Requirements MUST be posted at Project Site 6 ........................ ............................................ ontractor)Subc( Debarment, Suspension... -52 -Form SC 5 .......................................... )Covered TransactionsPrimary ( Debarment, Suspension... - 37-Form SC 4 ......................................... ontractor)SubcSection 3 Participation Report (Construction - 53-Form SC 3 .....................................Section 3 Participation Report (Construction Prime Contractor) -52 -Form SC Forms to be submitted by Bidder Page 3 of 51 for additional information. for Construction Projects CDBG Supplemental Conditions See Section 3 portion of reporting purposes. construction contracts over $100,000 for and this information is required for ,undsNote: This contract is funded with federal f that the person is eligible for the preference.(if requested) A person seeking the training and employment preference provided by section 3 bears the responsibility of providing evidence (3) ow family incomes.findings that such variations are necessary because of unusually high or l retary’s Secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secor smaller and larger families, except that the median family income for the area, as determined by the Secretary with adjustments fum of the (42 U.S.C. 1437a(b)(2)) defines this term to mean families (including single persons) whose incomes do not exceed 50 per cent2)). Section 3(b)(2) of the 1937 Act as this term is defined in section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(income person, -A very low (ii) income families; or -necessary because of prevailing levels of construction costs or unusually high or low ry’s findings that such variations are ceilings higher or lower than 80 per centum of the median for the area on the basis of the Secretash income area, as determined by the Secretary, with adjustments for smaller and larger families, except that the Secretary may establimedian income for the defines this term to mean families (including single persons) whose incomes do not exceed 80 per centum of theas this term is defined in section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)). Section 3(b)(2) of the 1937 Act income person, -A low (i) s: who iended, and An individual who resides in the metropolitan area or nonmetropolitan county in which the section 3 covered assistance is exp (2) A public housing resident; or (1) *Section 3 resident means: estimated in each job type?are ional hires and how many addit will be filled,, what types of jobs yes If · No Yes Will the contractor be hiring any additional staff (office or field) for this project? 2. $ $ $ Subcontract Amount Subcontractors mount:, list any Section 3 subcontractors and subcontract a yes If No Yes above?equipment vendors unless they are also installing same) be to businesses meeting (a) or (b) onstruction subcontracts (no material/supplies/Will at least 25% (dollar value) of c c) No Yes Were Section 3 residents* within first three years of employment, or ii) No Yes Currently Section 3 residents*, or i) are time employees-permanent fullAt least 30% of its b) No Yes by Section 3 residents*, or 51% ownedIt is at least a) Does the business qualify as a “Section 3 Business Concern” because 1. Contract Amount: $ Contractor’s DUNS Number: Name: ’s Contractor is encouraged. under $100,000for contracts Voluntary reporting $100,000. over contractconstruction for anyompleted by the prime contractor ust be cThis form m CDBG Contract #: Local Government: 23.0051, FAC-73C 5201April, (Construction Prime Contractor) Section 3 Participation Report 52-Form SC Small Cities Community Development Block Grant Program –rtunity Department of Economic Oppo Page 4 of 51 information. for additional CDBG Supplemental Conditions for Construction Contracts$100,000. See Section 3 portion of This contract is funded with federal funds, and this information is required for reporting purposes for projects costing over Note: the preference. requested) that the person is eligible for(if A person seeking the training and employment preference provided by section 3 bears the responsibility of providing evidence (3) incomes. such variations are necessary because of unusually high or low family for the area on the basis of the Secretary’s findings that and larger families, except that the Secretary may establish income ceilings higher or lower than 50 per centum of the medianthe area, as determined by the Secretary with adjustments for smaller exceed 50 per centum of the median family income forof the 1937 Act (42 U.S.C. 1437a(b)(2)) defines this term to mean families (including single persons) whose incomes do not ined in section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)). Section 3(b)(2) as this term is def, income person-very low A (ii) income families; or -lowor Secretary’s findings that such variations are necessary because of prevailing levels of construction costs or unusually high entum of the median for the area on the basis of the the Secretary may establish income ceilings higher or lower than 80 per c the median income for the area, as determined by the Secretary, with adjustments for smaller and larger families, except thatle persons) whose incomes do not exceed 80 per centum of the 1937 Act defines this term to mean families (including singas this term is defined in section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)). Section 3(b)(2) of , income person-low A (i) expended, and who is: hich the section 3 covered assistance is An individual who resides in the metropolitan area or nonmetropolitan county in w (2) A public housing resident; or (1) means: Section 3 resident* estimated in each job type?are , and how many additional hires will be filled orer, equipment operator), what types of jobs (e.g., lab yes If · No Yes Will the subcontractor be hiring any additional staff (office or field) for this project? 2. No Yes three years of employment, orWere Section 3 residents* within first ii) No Yes Currently Section 3 residents*, or i) are time employees-permanent fullAt least 30% of its b) No Yes on 3 residents*, orby Secti 51% ownedIt is at least a) Does the business qualify as a “Section 3 Business Concern” because 1. Subcontract Amount: $ Subcontractor’s DUNS Number: Name: ’s Subcontractor ting is encouraged when the prime contract is under $100,000.Voluntary repor are installing also.) s unless yousupplier material equipment othe cost of (Do not include .prime contract is at least $100,000 when theompleted by construction subcontractors This form must be c CDBG Contract #: Local Government: 23.0051, FAC-73C 5201April, (Construction Subcontractor) Section 3 Participation Report 53-Form SC Small Cities Community Development Block Grant Program –Department of Economic Opportunity Page 5 of 51 )24 CFR, Part 24, Appendix A and24 CFR 24.510 ( City, State, Zip Street Address Title Typed Name Date Authorized Signature rticipant shall attach an explanation to this proposal.certification, such prospective paWhere the prospective primary participant is unable to certify to any of the statements in this (2) public transactions (Federal, State or local) terminated for cause or default. this application/proposal had one or more year period preceding -Have not within a three (d) )(b) of this certification; and paragraph 1enses enumerated in entity (Federal, State or local) with commission of any of the offy indicted for or otherwise criminally or civilly charged by a governmental Are not presentl (c) records, making false statements, or receiving stolen property;statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of ntract under a public transaction; violation of Federal or State antitrust transaction or cowith obtaining, attempting to obtain, or performing a public (Federal, State or local) judgment rendered against them for commission of fraud or a criminal offense in connection iod preceding this proposal been convicted of or had a civil year per-Have not within a three (b) voluntarily excluded from covered transactions by any Federal department or agency; Are not presently debarred, suspended, proposed for debarment, declared ineligible, or (a) principals: ge and belief, that it and its The prospective primary participant certifies to the best of its knowled 1) DUNS Number: Name of Company Selected as a Prime Contractor: Contract Number: Recipient: 23.0051, FAC-73C 5201April, )Primary Covered Transactions( Responsibility Matters and Other Certification Regarding Debarment, Suspension, 37-Form SC Small Cities Community Development Block Grant Program –mic Opportunity Department of Econo Page 6 of 51 )24 CFR, Part 24, Appendix A and24 CFR 24.510 ( City, State, Zip Street Address Title Typed Name Date Authorized Signature participant shall attach an explanation to this form.ective lower tier participant is unable to certify to the above statement, the prospective Where the prosp (2) excluded from participation in this transaction by any Federal department or agency.principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily on of this document, that neither it nor its The prospective lower tier participant certifies, by submissi (1) Lower Tier Covered Transactions DUNS Number: Name of Subcontractor: Contract Number: Recipient: 23.0051, FAC-73C 5201April, (Subcontractor) and Voluntary Exclusion Debarment, Suspension, Ineligibility Certification Regarding 38-Form SC Small Cities Community Development Block Grant Program –onomic Opportunity Department of Ec Page 7 of 51 ” letters letters letters letters spaces ” spaces EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER (ADDRESS HERE) DADE CITY, FLORIDA GRANTS MANAGER ENGINEER GUARDIAN CRM, INC (NAME HERE) CONTRACTOR: (INSERT NAME, ADDRESS, NUMBER) CITY CLERK: JEANETTE WILLIAMS BOB MCPARTLAN, COUNCIL MEMBER FRED JONES, COUNCIL MEMBER CHRISTOPHER NUNN, COUNCIL MEMBER JIM HILL, VICE MAYOR ED DODD, MAYOR CITY COUNCIL COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT SIDEWALK REPAIR PROJECT CITY OF SEBASTIAN PLACED AT THE PROJECT SITE BE A SIGN MEETING THE SPECIFICATIONS LISTED BELOW MUST CDBG SIGN REQUIREMENTS ???????????Page 8 of 51 81,7???67?7?6?????570?17?2??/??25 6 ??? -???.41?????2?.-????????????????VVV??N???NU?VG?77?????????????????????????????????????????????????????????????????????????????????????? ???????????????????????1????7????????????21???7?03/2????????7??RU?FR?WDFW?W?H?8?6???HSDUWPH?W?RI?/DERUp??:D?H?D????R?U??LYL?LR??W?H??R?WUDFWL???2IILFHU?OL?WH??EHOR??,I??R???R??RW?UHFHLYH?SURSHU?SD??? RU?UHT?LUH?I?UW?HU?L?IRUPDWLR??R??W?H?DSSOLFDEOH??D?H???FR?WDFW???????????DSSUH?WLFH??LS?SUR?UDP???SSUH?WLFH?UDWH??DSSO??R?O??WR?DSSUH?WLFH??SURSHUO??UH?L?WHUH?????HU?DSSURYH???H?HUDO?RU?6WDWH??????? ?????PD??EH???EMHFW?WR?FLYLO?RU?FULPL?DO?SUR?HF?WLR???IL?H??D???RU?LPSUL?R?PH?W???S?WR?W?UHH??HDU?????FR?WUDFWRU???R?IDO?LILH??FHUWLILH??SD?UROO?UHFRU???RU?L???FH???D?H?NLFNEDFN??FOD??H??DOOR??FR?WUD FW?WHUPL?DWLR??D????HEDUPH?W?RI?FR?WUDFWRU??IURP?I?W?UH?IH?HUDO?FR?WUDFW??IRU?OLT?L?DWH???DPD?H??PD??DSSO??LI?RYHUWLPH?SD??UHT?LUHPH?W??DUH??RW?PHW???DYL???DFR??FR?WUDFW??R?WUDFW?SD?PH?W??FD??EH??LW? ?HO??WR?H???UH??RUNHU??UHFHLYH??D?H??D???RYHUWLPH?SD????H??D??????????????RYHU????L??D??RUN??HHN??7?HUH?DUH?IH??H?FHSWLR?????R??P??W?EH?SDL???RW?OH???W?D??R?H?D???R?H??DOI?WLPH???R?U?ED?LF?UDWH?RI?SD ??IRU?DOO??R?U???RUNH???????????LW??W?L??1RWLFH?IRU?W?H??RUN??R??SHUIRUP?:D?H??HFL?LR??SR?WH???R??P??W?EH?SDL???RW?OH???W?D??W?H??D?H?UDWH?OL?WH??L??W?H??DYL???DFR??????? SALARIOS Page 9 of 51 R?S??JD?H?H???R??D??R??R??OD??LYL?L????H??RUD????6DODULR???HO??HSDU?DPH??R??H?7UDEDMR??H?OR?????88?VVV??N???N??V??77???????????????????????????????????57?0?172????75???-2????/26 ????88?????2??-?????.1 2?8?2 ? 1?.2??????????????????3?????????????????????????????????????????????????????????????????????????????????????????????????????D??D?H?D???D??NR?DLO?D??N?DR?D??HA???DRSD??? ?SD???N??D?RD???HRHA?D?ON???NR?DLO?D??NR???-2?/??/????????????21???????2????/??03/???2?S??JD?H?H???R??D??R??R??HO??R??UD?L??D?2?L?LDO?T?H?DSDUH?H?DEDMR?6L?8????R?UH?LEH?HO?SDJR?DSURSLD?R??R?SUH?L?D?? H?L??RUPD?L???D?L?LR?DO??REUH?OR???DODULR??DSOL?DEOH???PAGO APROPIADO H??D?DOH??DSURED?R??/D???D?D???H?DSUH??L?H????OR??H?DSOL?D??D?DSUH??L?H???RUUH??DPH??H?L???UL?R??EDMR?SURJUDPD???H?HUDOH??R?APREN DICES SUR?H?DPLH??R??LYLO?R??ULPL?DO??P?O?D????R?H??DU?HODPLH??R?OR??UHJL??UR???HU?L?L?D?R???H?OD????PL?D???H?SDJR?R?L?????D??HYRO??LR?H???H??DODULR??S?H?H??HU???MH?R?D??H??R??UD?L??D??SDUD?H?H???DU? ????UR???R??UD?R???H?HUDOH???D??D??UH??D?R????O??R??UD?L??D?T?H??DO?L?LT?H?SDJR??H??REUH?LHPSR??/D???O????OD???R??UD???DOH???H??DYL???D?R??SHUPL?H??OD??HUPL?D?L?????H??O??L????H??REUH?LHPSR??HEL?R??? ???H?SR?U?D?DSOL?DU??D?R????SHUM?L?LR???L??R??H???PSOH??R??OD??H?LJH??LD???HO?6H?S?H?H??UH?H?HU?SDJR??SRU??R??UD?R??SDUD?D?HJ?UDU?H?T?H?OR??REUHUR??UH?LED??OR???DODULR????HO?SDJR?CUMPLIMIENTO H??H??H?R??H????H????D??HPD?D?ODERUDO????L??H??SR?D??H??HS?LR?H??6H?OH??D??H?SDJDU??R?PH?R???H??LHPSR???PH?LR??H?????D?D?E??L?D??H?SDJR?SRU??R?D??OD???RUD???UDEDMD?D??H??H??YL?R?SDUD?HO??UDEDMR?T?H? 8????H?HPSH?D?1R??H?OH?S?H?H?SDJDU?PH?R???H?OD??D?D??H?SDJR?L??L?D?D?H??OD??H?L?L????H?6DODULR???DYL???D?R???LMD?D??R??PREVALECIENTES CONTRACTOR REQUIREMENTS OVERVIEW Page 10 of 51 important to consult w/Guardian and report can be Section 3 it is employees or local subs with 30% of employees local in service area – local lower income Section 3 LMI Beneficiaries live/conduct business •h local employees The Prime can be a Section 3 business if local wit• Beneficiaries) Complete report even if all negative (no Section 3•I) SECTION 3 REQUIREMENTS SIONS, NOTICES HERE) H) CDBG SIGN REQUIREMENTS (OPTION TO POST WAGE DECI E-Verify• Section 3 Solicitations• WMBE Solicitations•SUBCONTRA CTOR G) ADDITIONAL SPECIFIC REQUIREMENTS FOR CONTRACTOR/ Binding these Requirements to the Agreement • Federal Acts and Laws Affecting the Work • Termination for Convenience •F) CDBG SUPPLEMENTAL CONDITIONS s Provide copy to Guardian and when there are change•Amount for Each ess, Phone, Fax, and Contract List Showing Services Provided, Contact Name, Addr•E) DISCLOSURE OF SUBCONTRACTORS REQUIRED All Parties Must Approve •D) CHANGE ORDERS ed Before Approval Payrolls and Authorizations Matching Period Requir•proval Review by Owner/Engineer & Administrator Before Ap•C) PAY ESTIMATES/REQUESTS Similar documentation with approval – call us -iciting MBE Firms Ad and or emails and or letters return/receipt sol- Subcontractor and vender list with MBE/WBE Firms -: Forms of Evidence Suppliers en Owned Subcontractors and Must Show Evidence of Solicitation of Minority/Wom• Refer to Supplemental Conditions and MBE/WBE Goals• B) MBE/WBE HIRING EFFORTS AND DOCUMENTATION Wage Decision Must be Posted in Visible Place Notice to Employees w/ • Call When in Doubt • Refer to Wage Determination – Before Payroll • Discuss w/ Guardian First - Additional Classifications – Use Form Provided –When Classification is Not Covered • Prime Responsible Subcontractors – Payroll and Authorizations Apply – • – use form provided for prime and subs Authorization to Make Deductions •site ing 72 hours before subs on employees – contractor must notice Guardian in writall employees & sub – Conducted randomly by Guardian for Labor Interviews • when no work occurs no activity” reports are required– “t cover pay period – sample provided – required with pay request – mus Certified Payrolls • A) DAVIS BACON AND OTHER WAGE/LABOR REQUIREMENTS SUBCONTRACTOR REQUIREMENTS Page 11 of 51 aximum extent possible.subcontractor to employment of local labor to the mcontain a clause committing the (H) Each subcontract with every subcontractor must Department of Labor Form WH–347.tting a properly executed subcontractor can satisfy this requirement by submithe prime contractor. The compliance. These documents should be submitted to ds and a weekly statement of Each subcontractor must submit weekly payroll recor(G) related acts (see page 46).pliance with the Davis-Bacon and Each subcontract must contain a requirement for com(F) lause.All subcontracts must contain a nondiscrimination c(E) see page 46). equal opportunity clause of Executive Order 11246 (, or incorporate by reference, the All subcontracts in excess of $10,000 shall include(D) ially from CDBG.will be ineligible for reimbursement wholly or part Federal government departments to the United States from contractual dealings with, ineligible, suspended or indebted Work performed by any contractor listed as debarred(C) section.requirements in addition to those set forth in thisplicable Federal, State, and local Each subcontractor must agree to comply with all ap(B) contract requirements.provisions to be inserted in all subcontracts to biractor(s) cause(s) appropriate The Owner is responsible for ensuring that the cont(A) Instructions For Completing Payroll Form, WH Page 12 of 51 contracts subject to the Contract Work Hours Standard Act, enter hours worked in excess of 40 hours a week as "overtime".List the day and date and straight time and overtime hours worked in the applicable boxes. On all Hours worked: -Column 4 es.entriate an accurate breakdown or hours worked in each classification is maintained and shown on the submitted payroll by use of separng Officer or Agency representative. An individual may be shown as having worked in more than one classification provided Contractisary, see classification and minimum wage schedule set forth in contract specifications. If additional classifications are deemed necesList classification descriptive of work actually performed by each laborer or mechanic. Consult lassifications:Work C -Column 3 of Regulations, Part 3 and 5.This column is merely inserted for the employer's convenience and is not a requirement No. of Withholding Exemptions: -Column 2 ur digits of worker's social security number) on each weekly payroll submitted.(e.g., last foEnter each worker's full name and an individual identifying number Name and Individual Identifying Number of Worker: -Column 1 explanatory.-Self Project or Contract No.: explanatory.-Self Project and Location: List the workweek ending date. For Week Ending: Beginning with the number "1", list the payroll number for the submission. Payroll No.: Fill in your firm's address. Address: Fill in your firm's name and check appropriate box. Contractor or Subcontractor: on of the payroll follow:Detailed instructions concerning the preparatinefits. shown on page 2) that he/she is paying for fringe benefits required by the contract and not paid as cash in lieu of fringe beontractor's representation in the statement of compliance on the payroll (as cash in lieu of fringe benefits, and provides for the cor as This payroll provides for the contractor to show on the face of the payroll all monies to each worker, whether as basic rates mechanics) as cash in lieu of fringe benefits.workers (laborers and the fringe benefits to bona fide benefit plans, funds or programs or by making payments to the covered of as predetermined by the Department of Labor. The contractor's obligation to pay fringe benefits may be met either by payment cluding fringe benefits, Bacon and related Acts, the contractor is required to pay not less than prevailing wage, in-Under the Davis the information to determine that employees have received legally required wages and fringe benefits.Bacon prevailing wage rate for the work performed. DOL and federal contract-Davisr indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the propecompanied by a signed "Statement of Compliance" the Federal agency contracting for or financing the construction project, acyrolls to U.S. Department of Labor (DOL) Regulations at 29 C.F.R. § 5.5(a)(3)(ii) require contractors to submit weekly a copy of all paid each employee during the preceding week." construction contracts to "furnish weekly a statement with respect to the wages pa The Copeland Act (40 U.S.C. § 3145) requires contractors and subcontractors performing work on Federally financed or assistedllection contained in 29 C.F.R. §§ 3.3, 5.5(a). Federally financed or assisted construction contracts to respond to the information co347 is optional, it is mandatory for covered contractors and subcontractors performing work on -While completion of Form WH Bacon and related Acts.-to the Daviss subject the requirements of Regulations, Parts 3 and 5 (29 C.F.R., Subtitle A), as to payrolls submitted in connection with contracttype contracts and subcontracts to submit weekly payrolls. Properly filled out, this form will satisfy -aided construction-Federally347has been made available for the convenience of contractors and subcontractors required by their Federal or -Form WH General: /agencies/whd/forms/wh347https://www.dol.gov 347- Column Page 13 of 51 4(c). indicate the payment of fringe benefits in cash directly to the workers. Note any exceptions in sectionorm to lieu of fringe benefits at the straight time rate. In addition, check paragraph 4(b) of the statement on page 2 the payroll fthe required cash in not less than the sum of the basic predetermined rate, plus the half time premium on basic or regular rate, plus ate shall be wage decision. Inasmuch as it is not necessary to pay time and a half on cash paid in lieu of fringe benefits, the overtime rtion capredetermined rate for each classification plus the amount of fringe benefits determined for each classification in the applithe ch laborer and mechanic and insert in the "straight time" of the "Rate of Pay" column of the payroll an amount not less than eato those that were determined in the applicable wage decision of the Secretary of Labor, pay any remaining fringe benefit amountIf not paying all fringe benefits to approved plans, funds, or programs in amounts of at least s who pay no fringe benefits:Contractor 347 payroll form to indicate the payment. Note any exceptions in section 4(c).-the WHe 2 of hourly rate and overtime rate paid to each worker on the face of the payroll and check paragraph 4(a) of the statement on pagLabor, show the basic cash programs in amounts not less than were determined in the applicable wage decision of the Secretary ofIf paying all fringe benefits to approved plans, funds, or Contractors who pay all required fringe benefits: -Item 4 FRINGE BENEFITS 4 of the statement. "FRINGE BENEFITS" below for instructions concerning filling out paragraph See Deductions column in this See deductions made are adequately described in the "Deductions" column above, state "the statement for describing any deductions made. If all Space has been provided between items (1) and (2) of and 2: Items 1 rue.more than 5 years, or both. Accordingly, the party signing this statement should have knowledge of the facts represented as t.S.C. § 1001, namely, a fine, possible imprisonment of not page 2 of the payroll form) is subject to the penalties provided by 18 UWhile the "statement of compliance" need not be notarized, the statement (on Statement Required by Regulations, Parts 3 and 5: o that totals may be shown if the contractor so desires.bottom of the columns s Space has been left at the - Totals explanatory.-Self Net Wages Paid for Week: - project, show actual deductions from his/her weekly gross wage, and indicate that deductions are based on his gross wages.in addition to this with the provisions of the Copeland Act Regulations, 29 C.F.R., Part 3. If an individual worked on other jobs nce in the attachment to the payroll describe the deduction(s) contained in the "Other" column. All deductions must be in accordaons" column; and first four columns and show the balance deductions under "Other" column; show actual total under "Total DeductiFive columns are provided for showing deductions made. If more than five deduction are involved, use the Deductions: - on all work.ned earnings of a worker who earned $163.00 on a Federally assisted construction project during a week in which $420.00 was earassisted project and then the gross amount earned during the week on all projects, thus "$163.00/$420.00" would reflect the projects other than the project described on this payroll, enter in column 7 first the amount earned on the Federal or FEnter gross amount earned on this project. If part of a worker's weekly wage was earned on Gross Amount Earned: - FITS" below.programs or shall pay as cash in lieu of fringe benefits. See "FRINGE BENEds or amounts predetermined as fringe benefits in the wage decision made part of the contract to approved fringe benefit plans, funwhich an individual works, the contractor must pay addition to paying no less than the predetermined rate for the classification paid is required for overtime under the Contract Work Hours Standard Act of 1962 if the prime contract exceeds $100,000. In half the basic or regular rate -less than time and oneotherwise, you may skip this box. See "Fringe Benefits" below. Payment of not r; worked, show the overtime hourly rate paid plus any cash in lieu of fringe benefits paid in the "overtime" box for each workeme. See "Fringe Benefits" below. When overtime is plus $0.40 for fringe benefits. This is of assistance in correctly computing overtirate of fringe benefits may be shown separately from the basic rate. For example, "$12.25/.40" would reflect a $12.25 base hourly ht time hourly rate, any cash paid in lieu straight time worked, plus cash paid in lieu of fringe benefits paid. When recording the straigIn the "straight time" box for each worker, list the actual hourly rate paid for Rate of Pay (Including Fringe Benefits): - explanatory-Self Total: -5 Use of Section 4(c), Exceptions Page 14 of 51 Division, U.S. Department of Labor, Room S3502, 200 Constitution Avenue, N.W.,Washington, D.C. 20210. this collection of information, including suggestions for reducing this burden, send them to the Administrator, Wage and Hourspect of completing and reviewing the collection of information. If you have any comments regarding these estimates or any other aincluding time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and nformation, We estimate that it will take an average of 55 minutes to complete this collection of i Public Burden Statement: ertime rate."Contractors who pay no fringe benefits" for computation of ovgraph on project. Enter the rate paid and amount of cash paid in lieu of fringe benefits per hour in column 6 on the payroll. See parale wage determination) on the Federal or Federally assisted individual for all hours worked (unless otherwise provided by applicabsuch must pay an amount not less than the predetermined rate plus cash in lieu of fringe benefits as shown in section 4(c) to eachfunds, or programs as fringe benefits. The contractor worker as cash in lieu of fringe benefits and the hourly amount paid to plans,paid each or 4(b) in section 4(c). Enter in the Exception column the craft, and enter in the Explanation column the hourly amountbenefits. Enter any exceptions to section 4(a) is obliged to pay the deficiency directly to the covered worker as cash in lieu of fringees Any contractor who is making payment to approved plans, funds, or programs in amounts less than the wage determination requir UPage 15 of 51 (over)Washington,?D.C.?20210,?200?Constitution?Avenue,?N.W.???U.S.?Department?of?Labor,?Room?S3502regarding?these?estimates?or?any?other?aspect?of?this?collection,?including?suggestion s?for?reducing?this?burden,?send?them?to?the?Administrator,?Wage?and?Hour?Division,any?comments?We?estimate?that?is?will?take?an?average?of?55?minutes?to?complete?this?collection,?including?time?for? reviewing?instructions,?searching?existing?data?sources,?gathering?and?maintaining?the?data?needed,?and?completing?and?reviewing?the?collection?of?information.?If?you?have?Public Burden Statement?not?less?than?the?proper?Davis-Bacon?prevailing?wage?rate?for?the?work?performed.?DOL?and?federal?contracting?agencies?receiving?this?information?review?the?information?to?determine?that?e mployees?have?received?legally?required?wages?and?fringe?benefits.or?mechanic?has?been?paid?29?C.F.R.?§?5.5(a)(3)(ii)?require?contractors?to?submit?weekly?a?copy?of?all?payrolls?to?the?Federal?agency ?contracting?for?or?financing?the?construction?project,?accompanied?by?a?signed?"Statement?of?Compliance"?indicating?that?the?payrolls?are?correct?and?complete?and?that?each?laborer?(40?U.S.C.?§?3145 )?contractors?and?subcontractors?performing?work?on?Federally?financed?or?assisted?construction?contracts?to?"furnish?weekly?a?statement?with?respect?to?the?wages?paid?each?employee?during?the??prece ding?week."??U.S.?Department?of?Labor?(DOL)?regulations?at???3.3,?5.5(a).?The?Copeland?Act?347?is?optional,?it?is?mandatory?for?covered?contractors?and?subcontractors?performing?work?on?Federally?fin anced?or?assisted?construction?contracts?to?respond?to?the?information?collection?contained?in?29?C.F.R.?§§While?completion?of?Form?WH-Rev.?Dec.?2008 S?S?S?S?S?S?SS?EEK?WR?OFD?IPAS?EGAWNET?IONS?TDEDU CL?ATOTR?EHTOXATING?DLHO-HTIWICA?FEARNEDOUNT?MAS?SGROY?PA?OFE?TRAHOURS?L?ATOTRKED?EACH?DAY?OWHOURS?T.?S?OT.?OR N?IOTCAIFIASSLCK?ROW S?NIOTEMPXENG?iLDOHHTIWO.?OF?N WORKER?FO NUMBER)??YTSECURI?OCIAL OF?S???(e.g.,?LAST?FOUR?DIGITS??AND?INDIVIDUAL?IDENTIFYING?NUMBER EMNA O?O?O?O?O?O?O?O?IONS?TDEDUC(8)?(9)??(7)?6)(?(5)TEAD?DNA?YAD4)?(?(3)?2)(?(1).?ON?RACTTNOC?RO?ECTJOPR?NIOTCAOLAND??ECTJOPR?NGIEEK ?ENDW?ROF?.ON?LLOPAYR 1 2/20/3Expires:?0?008 5-0 3 o.:12N?BMO ADDRESS?ROTCARTONCBUSOR??ORTRACTCON?OF?EMNA ber. m OMB control nulidvaly ys a currentlaspit diess lon uniatmforinon of ictellred to respond to the coirsons are not requPe on???ivisiage?and?Hour?DW) at www.dol.gov/whd/forms/wh347instr.htmuctionsrSee Inst Uptional OractorC (ForL LOYRAPLabor of menttDepar S.. Da Page 16 of 51 D?STATES?CODE.?TEE?UNI31?OF?THTION?231?OF?TITLE?ND?SEC1001?OF?TITLE?18?A?SEE?SECTNAL?PROSECUTMI?CIVIOR?TOACTNTRSUBCO?R TRACT NH?TCT E Y?SUBJ A S?MTEMENT AV E?ABO TH?OF?ANY?OF ATFALSIFICUL?THE?WILLFTS?ELTIT?EMNA ON?ITNAALPXE?)TFCRA(?NOITCEPXE RKS:?AMRE S?NOITEPCX)?Ec(.?w?belo)cion?4(tce s ed?in?tno?as?eptcxe?,tcratnoche?tin?ed?tsli?as?stifinge?benerfe?required?ht?of?mt??p lusetage?raw?hourly?icsbaable?ce?appliht?of?umshe?tan?ht?ssle?not?m?roll,yhe?patd?on?etac?asbeen?paid,??oll?hasryed?pacrenefvhe?abotd?in?etsli?hcem?laborer?or?hcEa −C?NI?DIRS?ATIFENGE?BENIRFE?REHW.? w?belo)cion?4(tce s ed?in?tno?as?eptcxe??employees,hcu?s f?o it f he?bene?t ro?f s m?prograe t?appropriao?t ade?m ill?be?w r?o een?b evhat?cratonche?ted?in?tsli?as?sti f inge?benerf?of?stenmypa?roll, ypa?edcrenefre?evabo?hetin??edtsli?haniccemh?laborer?or?c?eaotpaid??estage?raw?hourly?icshe?bato?ton?itin?addi − S?MOR?PROGRA?FUNDS,?D?TO?APPROVED?PLANS,IS?ARE?PATIGE?BENEFNIERE?FRHW:?thaTent?of?Labo r.?mepart?Dited?States?Unaining,rhe?Bureau?of?Apprenticeship?and?Tith?tw State,?are?registered?in?a?ts?exisy?recognized?agencuch?if?no?s r ent?of?Labor,?omepart?Dited?States?Unaining,rT Apprenticeship?and f??o ureau?B he?t y?b ecognized?r y?a ceship i te?apprent a?a?Stth i ered?w tr program apprenticeship de?i?f onan?i t?r uly?d re?a?period e e?abov h loyed?in?t p ces?em i pprent?a at?any h(3)?Trmed.?ork?he?perfo?with?tonform?chanicecr?each?laborer?or?morth?therein?fset?fo classifications e?h?tat h ntrac o e?c h?t o rporated?intnco?i nationirm e age?det?w ny?a n?i ontained?c esat?r age?w applicablehe?han?ts?tontained?therein?are?not?less?chanicec?or?mr?laborerses?fohe?wage?rat?thatlett?co?period?are?e r?the?abov o titbm u?be?s o?required?ttntrac o?cisthunder?e?isany?payrolls?otherwT:?ibed?belowcr),?and?des§?3145?C.S..?40?U?357;.?967;?76?Stat.?108,?72?Stat.63?Stat?948,?.?as?amended?(48?Statt,etary?of?Labor?under?the?Copela nd?Acrhe?Sec?tued?bysSubtitle?A),?is?.R.F.C3?Part?,?egulationsRons?as?defined?in?tible?deducsiisher?than?permon,?otll?wages?earned?by?any?persu?tomfrly?t ly?or?indirec t er?direc h de?eit a?been?m e ons?havi t at?no?deduc h n?and?t o ages?earned?by?any?persweekly?w ubcontractor)?Sontractor?or?C(the?full??id?a?s?or?on?behalf?of?tolytly?or?indirectbeen?or?will?be?made?either?direce?hat ?no?rebates?havtages?earned,??wll?weeklyue?f h?been?paid?t e tc e id?proj a loyed?on?s p ns?em so all?per,?,ay?ofdand?ending?the?,,ay?ofd oWng?or?idiluB(he?encing?on?tmm?coe?payroll?period?that?durin g ubcontractor)?S(Contractor?or?e?h?tnohe?persons?employed?by??tent?ofmhe?payise?t?pay?or?superv?I(1)?Thate:?do?hereby?)?eltiT(?aPgnatory?iSe?of?maN(I,te? Page 17 of 51 EMPLOYEE AUTHORIZATION TO MAKE OTHER DEDUCTIONS Page 18 of 51 Date Date Witness Signature Signature Employee _______________).$(not to exceed ,__________________________________ _________________ of: for the purposehorized and are autThese deductions are voluntary Sebastian / Indian River County / Florida Location: Project City of Sebastian Sidewalk Repair Project Name: Project 0064-12-MC-19-B Number: Project project: while employed on the followingwages earned ssible deductions in 29 CFR, onto make deductions, not otherwise listed as permi employer my , hereby authorize I Federal Labor Standards Provisions Page 19 of 51 or other third person, the contractor may consider as part If the contractor does not make payments to a trustee (iv) benefit or an hourly cash equivalent thereof.wage determination or shall pay another bona fide fringe contractor shall either pay the benefit as stated in the fringe benefit which is not expressed as an hourly rate, the contract for a class of laborers or mechanics includes a rate prescribed in the Whenever the minimum wage (iii) the classification. contract from the first day on which work is performed in workers performing work in the classification under this (1)(ii)(b) or (c) of this paragraph, shall be paid to all ned pursuant to subparagraphs appropriate) determiThe wage rate (including fringe benefits where (d) 0140.)-1215Management and Budget under OMB Control Number additional time is necessary. (Approved by the Office of day period that -HUD or its designee within the 30ee or will notify receipt and so advise HUD or its designrepresentative, will issue a determination within 30 days of determination. The Administrator, or an authorized of HUD or its designee, to the Administrator for views of all interested parties and the recommendation the HUD or its designee shall refer the questions, including amount designated for fringe benefits, where appropriate), the proposed classification and wage rate (including the representatives, and HUD or its designee do not agree on assification or their to be employed in the clIn the event the contractor, the laborers or mechanics (c) 0140.)-Management and Budget under OMB control number 1215additional time is necessary. (Approved by the Office of day period that -otify HUD or its designee within the 30ndays of receipt and so advise HUD or its designee or will disapprove every additional classification action within 30 authorized representative, will approve, modify, or Labor, Washington, D.C. 20210. The Administrator, or an tration, U.S. Department of Employment Standards Administhe Administrator of the Wage and Hour Division, of the action taken shall be sent by HUD or its designee to designated for fringe benefits where appropriate), a report classification and wage rate (including the amount on the representatives, and HUD or its designee agreeemployed in the classification (if known), or their If the contractor and the laborers and mechanics to be (b) wage rates contained in the wage determination.benefits, bears a reasonable relationship to the fringeThe proposed wage rate, including any bona fide (3) construction industry; andThe classification is utilized in the area by the (2) determination; andrequested is not performed by a classification in the wage o be performed by the classification The work t (1) have been met:fringe benefits therefor only when the following criteria approve an additional classification and wage rate and conformance with the wage determination. HUD shall employed under the contract shall be classified in is to be listed in the wage determination and whichAny class of laborers or mechanics which is not (ii) (a) workers.accessible, place where it can be easily seen by the subcontractors at the site of the work in a prominent and all times by the contractor and its 1321) shall be posted at -Bacon poster (WH-29 CFR 5.5(a)(1)(ii) and the Davisadditional classification and wage rates conformed under work is performed. The wage determination (including any set forth the time spent in each classification in which rately Provided, That the employer’s payroll records accueach classification for the time actually worked therein: classification may be compensated at the rate specified for Laborers or mechanics performing work in more than one s provided in 29 CFR 5.5(a)(4). regard to skill, except afor the classification of work actually performed, without wage rate and fringe benefits on the wage determination Such laborers and mechanics shall be paid the appropriate onstructively made or incurred during such weekly period.ccover the particular weekly period, are deemed to be than quarterly) under plans, funds, or programs, which incurred for more than a weekly period (but not less often 5.5(a)(1)(iv); also, regular contributions made or costs ct to the provisions of 29 CFR laborers or mechanics, subjelaborers or mechanics are considered wages paid to such Bacon Act on behalf of -under Section l(b)(2) of the Daviscosts reasonably anticipated for bona fide fringe benefits such laborers and mechanics. Contributions made or nd which may be alleged to exist between the contractor apart hereof, regardless of any contractual relationship Secretary of Labor which is attached hereto and made a those contained in the wage determination of the f payment computed at rates not less than due at time oand bona fide fringe benefits (or cash equivalents thereof) Copeland Act (29 CFR Part 3), the full amount of wages regulations issued by the Secretary of Labor under the (except such payroll deductions as are permitted by ebate on any account without subsequent deduction or runconditionally and not less often than once a week, and employed or working upon the site of the work, will be paid All laborers and mechanics A. 1. (i) Minimum Wages. assistance.pursuant to the Standards Provisions are included in this Contract United States of America and the following Federal Labor covered by this contract pertains is being assisted by the The Project or Program to which the construction work Applicability ref. Handbook 1344.1 (06/2009) 4010-HUDform 5of 1Page Previous editions are obsolete Office of Labor Relations and Urban Development U.S. Department of Housing Page 20 of 51 correct and complete;uch information is under 29 CFR 5.5(a)(3)(i), and that s(a)(3)(ii), the appropriate information is being maintained information required to be provided under 29 CFR 5.5 That the payroll for the payroll period contains the (1) and shall certify the following:r the contract the payment of the persons employed undesubcontractor or his or her agent who pays or supervises “Statement of Compliance,” signed by the contractor or Each payroll submitted shall be accompanied by a (b) 0149.) -1215and Budget under OMB Control Number Management to HUD or its designee. (Approved by the Office of contractor for its own records, without weekly submission addresses and social security numbers to the prime a prime contractor to require a subcontractor to provide n of this subparagraph for requirements. It is not a violatioinvestigation or audit of compliance with prevailing wage Division of the Department of Labor for purposes of an HUD or its designee, the contractor, or the Wage and Hour or owner, as the case may be, for transmission to sponsor, contractor will submit the payrolls to the applicant contract, but if the agency is not such a party, the HUD or its designee if the agency is a party to the covered worker, and shall provide them upon request to umber and current address of each social security nContractors and subcontractors shall maintain the full the submission of copies of payrolls by all subcontractors. successor site. The prime contractor is responsible for or its http://www.dol.gov/esa/whd/forms/wh347instr.htmthe Wage and Hour Division Web site at 347 is available for this purpose from -Optional Form WHinformation may be submitted in any form desired. social security number). The required weekly payroll yee’s each employee (e.g., the last four digits of the emploonly need to include an individually identifying number for included on weekly transmittals. Instead the payrolls shall social security numbers and home addresses shall not be )(3)(i) except that full to be maintained under 29 CFR 5.5(aaccurately and completely all of the information required HUD or its designee. The payrolls submitted shall set out sponsor, or owner, as the case may be, for transmission to or will submit the payrolls to the applicant contractthe contract, but if the agency is not such a party, the payrolls to HUD or its designee if the agency is a party to in which any contract work is performed a copy of all The contractor shall submit weekly for each week (ii) (a) 0017.)-and 1215 0140-1215Management and Budget under OMB Control Numbers applicable programs. (Approved by the Office of trainees, and the ratios and wage rates prescribed in the trainee programs, the registration of the apprentices and ship programs and certification of registration of apprenticeapproved programs shall maintain written evidence of the Contractors employing apprentices or trainees under the actual cost incurred in providing such benefits. affected, and records which show the costs anticipated or echanics communicated in writing to the laborers or mresponsible, and that the plan or program has been enforceable, that the plan or program is financially show that the commitment to provide such benefits is Bacon Act, the contractor shall maintain records which -or program described in Section l(b)(2)(B) of the Davisreasonably anticipated in providing benefits under a plan laborer or mechanic include the amount of any costs found under 29 CFR 5.5 (a)(1)(iv) that the wages of any enever the Secretary of Labor has actual wages paid. Whweekly number of hours worked, deductions made and bacon Act), daily and -in Section l(b)(2)(B) of the Davisbenefits or cash equivalents thereof of the types described of contributions or costs anticipated for bona fide fringe rates classification, hourly rates of wages paid (includingnumber of each such worker, his or her correct shall contain the name, address, and social security mechanics working at the site of the work. Such records f three years thereafter for all laborers and period ocontractor during the course of the work preserved for a records relating thereto shall be maintained by the Payrolls and basic 3. (i) Payrolls and basic records. contracts.Bacon Act -disbursements in the case of direct Davisal shall make such are due. The Comptroller Genersubcontractor to the respective employees to whom they withheld for and on account of the contractor or written notice to the contractor, disburse such amounts violations have ceased. HUD or its designee may, after til such payment, advance, or guarantee of funds unnecessary to cause the suspension of any further sponsor, applicant, or owner, take such action as may be designee may, after written notice to the contractor, art of the wages required by the contract, HUD or its phelper, employed or working on the site of the work, all or laborer or mechanic, including any apprentice, trainee or required by the contract In the event of failure to pay any contractor or any subcontractor the full amount of wages rs, employed by the apprentices, trainees and helpenecessary to pay laborers and mechanics, including accrued payments or advances as may be considered which is held by the same prime contractor so much of the Bacon prevailing wage requirements, -subject to Davisassis-contractor, or any other Federallycontract or any other Federal contract with the same prime cause to be withheld from the contractor under this representative of the Department of Labor withhold or action or upon written request of an authorized wn HUD or its designee shall upon its o2. Withholding. 0140.)-Budget under OMB Control Number 1215program. (Approved by the Office of Management and assets for the meeting of obligations under the plan or the contractor to set aside in a separate account requireBacon Act have been met. The Secretary of Labor may -the contractor, that the applicable standards of the DavisSecretary of Labor has found, upon the written request of benefits under a plan or program, Provided, That the roviding bona fide fringe costs reasonably anticipated in pof the wages of any laborer or mechanic the amount of any ref. Handbook 1344.1 (06/2009) 4010-HUDform 5of 2Page obsoleterevious editions are P Page 21 of 51 registered and participating in a training plan approved by employee listed on the payroll at a trainee rate who is not es. Any less than full fringe benefits for apprenticwage rate on the wage determination which provides for program associated with the corresponding journeyman Hour Division determines that there is an apprenticeship ation unless the Administrator of the Wage and determinthe full amount of fringe benefits listed on the wage does not mention fringe benefits, trainees shall be paid provisions of the trainee program. If the trainee program shall be paid fringe benefits in accordance with the determination. Trainees specified in the applicable wage expressed as a percentage of the journeyman hourly rate approved program for the trainee’s level of progress, must be paid at not less than the rate specified in the Employment and Training Administration. Every trainee e than permitted under the plan approved by thtrainees to journeymen on the job site shall not be greater Employment and Training Administration. The ratio of formal certification by the U.S. Department of Labor, h has received prior approval, evidenced by program whicemployed pursuant ‘,to and individually registered in a predetermined rate for the work performed unless they are trainees will not be permitted to work at less than the Except as provided in 29 CFR 5.16, (ii) Trainees. approved.program is for the work performed until an acceptableapprentices at less than the applicable predetermined rate contractor will no longer be permitted to utilize withdraws approval of an apprenticeship program, the Apprenticeship Agency recognized by the Office, ate Training, Employer and Labor Services, or a Stdetermination. In the event the Office of Apprenticeship classification, fringes shall be paid in accordance with that different practice prevails for the applicable apprentice Administrator determines that a classification. If the listed on the wage determination for the applicable apprentices must be paid the full amount of fringe benefits apprenticeship program does not specify fringe benefits, with the provisions of the apprenticeship program. If the nce Apprentices shall be paid fringe benefits in accordaspecified in the applicable wage determination. expressed as a percentage of the journeymen hourly rate registered program for the apprentice’s level of progress, not less than the rate specified in the must be paid at registered program shall be observed. Every apprentice rate) specified in the contractor’s or subcontractor’s (expressed in percentages of the journeyman’s hourly which its program is registered, the ratios and wage rates her than that in construction on a project in a locality otwork actually performed. Where a contractor is performing applicable wage rate on the wage determination for the registered program shall be paid not less than the site in excess of the ratio permitted under the the jobperformed. In addition, any apprentice performing work on wage determination for the classification of work actually shall be paid not less than the applicable wage rate on the is not registered or otherwise employed as stated above, age rate, who worker listed on a payroll at an apprentice wto the entire work force under the registered program. Any not be greater than the ratio permitted to the contractor as journeymen on the job site in any craft classification shall able ratio of apprentices to an apprentice. The allowappropriate) to be eligible for probationary employment as Services or a State Apprenticeship Agency (where the Office of Apprenticeship Training, Employer and Labor registered in the program, but who has been certified by idually an apprenticeship program, who is not indivdays of probationary employment as an apprentice in such Office, or if a person is employed in his or her first 90 with a State Apprenticeship Agency recognized by the ip Training, Employer and Labor Services, or ApprenticeshEmployment and Training Administration, Office of program registered with the U.S. Department of Labor, individually registered in a bona fide apprenticeship performed when they are employed pursuant to and predetermined rate for the work they less than the Apprentices will be permitted to work at (i) Apprentices. 4. Apprentices and Trainees. 29 CFR 5.12.available may be grounds for debarment action pursuant to required records upon request or to make such records e to submit the or guarantee of funds. Furthermore, failurto cause the suspension of any further payment, advance, applicant or owner, take such action as may be necessary may, after written notice to the contractor, sponsor, to make them available, HUD or its designee records orthe contractor or subcontractor fails to submit the required interview employees during working hours on the job. If of Labor, and shall permit such representatives to representatives of HUD or its designee or the Department ption by authorized inspection, copying, or transcrirecords required under subparagraph A.3.(i) available for The contractor or subcontractor shall make the (iii) 231 of Title 31 of the United States Code.prosecution under Section 1001 of Title 18 and Section l or criminal subject the contractor or subcontractor to civiThe falsification of any of the above certifications may (d) A.3.(ii)(b).“Statement of Compliance” required by subparagraph 347 shall satisfy the requirement for submission of the -WHe side of Optional Form certification set forth on the reversThe weekly submission of a properly executed (c) incorporated into the contract.specified in the applicable wage determination equivalents for the classification of work performed, as ates and fringe benefits or cash than the applicable wage rThat each laborer or mechanic has been paid not less (3) permissible deductions as set forth in 29 CFR Part 3;indirectly from the full wages earned, other than that no deductions have been made either directly or ndirectly, and earned, without rebate, either directly or ithe payroll period has been paid the full weekly wages apprentice, and trainee) employed on the contract during That each laborer or mechanic (including each helper, (2) ref. Handbook 1344.1 (06/2009) 4010-HUDform 5of 3Page obsoleterevious editions are P Page 22 of 51 paragraph (1) of this paragraph.lause set forth in sub required by the c of the overtime wageswork in excess of the standard workweek of 40 hours without payment calendar day on which such individual was required or permitted to n the sum of $10 for each subparagraph (1) of this paragraph, ilause set forth in employed in violation of the claborer or mechanic, including watchmen and guards, damages shall be computed with respect to each individual territory), for liquidated damages. Such liquidated Columbia or a territory, to such District or to such strict of case of work done under contract for the Disubcontractor shall be liable to the United States (in the for the unpaid wages. In addition, such contractor and and any subcontractor responsible therefor shall be liable (1) of this paragraph, the contractor forth in subparagraphIn the event of any violation of the clause set damages. (2) Violation; liability for unpaid wages; liquidated workweek.rate of pay for all hours worked in excess of 40 hours in such half times the basic -e not less than one and onecompensation at a ratsuch workweek unless such laborer or mechanic receives individual is employed on such work to work in excess of 40 hours in permit any such laborer or mechanic in any workweek in which the ent of laborers or mechanics shall require or involve the employmcontracting for any part of the contract work which may require or No contractor or subcontractor (1) Overtime requirements. include watchmen and guards.terms “laborers” and “mechanics” ceeds $100,000. As used in this paragraph, the prime contract exprovisions of this paragraph B are applicable where the amount of the The Contract Work Hours and Safety Standards Act. B. applicable under this Contract to his employer.proceeding under or relating to the labor standards estify in any proceeding or has testified or is about to tcomplaint or instituted or caused to be instituted any subcontractor because such employee has filed any discriminated against by the Contractor or any are applicable shall be discharged or in any other manner t salary, or other labor standards provisions of this ContracNo laborer or mechanic to whom the wage, 11. Complaints, Proceedings, or Testimony by more than two years, or both.”shall be fined not more than $5,000 or imprisoned not publishes any statement knowing the same to bway the action of such Administration..... makes, utters or part: “Whoever, for the purpose of . . . influencing in any “Federal Housing Administration transactions”, provides in ction 1 01 0, Title 18, U.S.C., U.S. Criminal Code, Sein the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, The penalty for making false statements is prescribed (iii) participate in HUD programs pursuant to 24 CFR Part 24.or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or Act Bacon -contract by virtue of Section 3(a) of the Davisperson or firm ineligible for award of a Government No part of this contract shall be subcontracted to any (ii) pursuant to 24 CFR Part 24.awarded HUD contracts or participate in HUD programs r to be Bacon Act or 29 CFR 5.12(a)(1) o-the Davisawarded Government contracts by virtue of Section 3(a) of contractor’s firm is a person or firm ineligible to be she) nor any person or firm who has an interest in the ntractor certifies that neither it (nor he or contract the coBy entering into this 10. (i) Certification of Eligibility. employees or their representatives.its designee, the U.S. Department of Labor, or the the contractor (or any of its subcontractors) and HUD or s clause include disputes between within the meaning of thiLabor set forth in 29 CFR Parts 5, 6, and 7. Disputes accordance with the procedures of the Department of clause of this contract. Such disputes shall be resolved in contract shall not be subject to the general disputes s of this arising out of the labor standards provisionDisputes 9. Disputes concerning labor standards. herein incorporated by reference in this contractRelated Acts contained in 29 CFR Parts 1, 3, and 5 are Bacon and -All rulings and interpretations of the Davis Bacon and Related Act Requirements.-8. Compliance with Davis 5.12.contractor and a subcontractor as provided in 29 CFR as a termination of the contract and for debarmentgrounds for contract clauses in 29 CFR 5.5 may beA breach of the ion; debarment. 7. Contract terminat paragraph.subcontractor with all the contract clauses in this for the compliance by any subcontractor or lower tier subcontracts. The prime contractor shall be responsible subcontractors to include these clauses in any lower tier he prevailing wage decision, and also a clause requiring tinstructions require, and a copy of the applicable other clauses as HUD or its designee may by appropriate subparagraphs 1 through 11 in this paragraph A and such subcontracts the clauses contained in insert in any The contractor or subcontractor will 6. Subcontracts. Part 3 which are incorporated by reference in this contractcontractor shall comply with the requirements of 29 CFR The 5. Compliance with Copeland Act requirements. R Part 30.amended, and 29 CFopportunity requirements of Executive Order 11246, as shall be in conformity with the equal employment apprentices, trainees and journeymen under 29 CFR Part 5 The utilization of (iii) Equal employment opportunity. program is approved.until an acceptable the applicable predetermined rate for the work performed will no longer be permitted to utilize trainees at less than withdraws approval of a training program, the contractor event the Employment and Training Administration ed. In the determination for the work actually performpaid not less than the applicable wage rate on the wage the ratio permitted under the registered program shall be any trainee performing work on the job site in excess of he work actually performed. In addition, determination for tnot less than the applicable wage rate on the wage the Employment and Training Administration shall be paid ref. Handbook 1344.1 (06/2009) 4010-HUDform 5of 4Page obsoleterevious editions are P Page 23 of 51 such provisions.Secretary of Labor shall direct as a means of enforcing Secretary of Housing and Urban Development or the respect to any subcontractor as the take such action with be binding on each subcontractor. The contractor shall will such provisionsparagraph in every subcontract so that (3) The contractor shall include the provisions of this .3701 et seq40 USC 54, 83 Stat 96). -ds Act, (Public Law 91Standarsanctions pursuant to the Contract Work Hours and Safety 1926 and failure to comply may result in imposition of issued by the Secretary of Labor pursuant to Title 29 Part The Contractor shall comply with all regulations (2) regulation.of Labor by standards promulgated by the Secretary safety as determined under construction safety and health unsanitary, hazardous, or dangerous to his health and surroundings or under working conditions which are No laborer or mechanic shall be required to work in (1) applicable where the amount of the prime contract exceeds $100,000.are ons of this paragraph C The provisiSafety. C. Health and paragraph.set forth in subparagraphs (1) through (4) of this subcontractor or lower tier subcontractor with the clauses contractor shall be responsible for compliance by any clauses in any lower tier subcontracts. The prime o include these clause requiring the subcontractors tsubparagraph (1) through (4) of this paragraph and also a insert in any subcontracts the clauses set forth in The contractor or subcontractor shall (4) Subcontracts. subparagraph (2) of this paragraph.e set forth in liquidated damages as provided in the claussuch contractor or subcontractor for unpaid wages and determined to be necessary to satisfy any liabilities of held by the same prime contractor such sums as may be ct Work Hours and Safety Standards Act which is Contraassisted contract subject to the -or any other Federallyany other Federal contract with the same prime contract, the contractor or subcontractor under any such contract or from any moneys payable on account of work performed by cause to be withheld, the Department of Labor withhold or or upon written request of an authorized representative of HUD or its designee shall upon its own action damages. (3) Withholding for unpaid wages and liquidated ref. Handbook 1344.1 (06/2009) 4010-HUDform 5of 5Page obsoleterevious editions are P Page 24 of 51 performing this contract, whether completed or in process.may have been accumulated by the contractor into the local government all data, drawings, reports specifications, summaries and other such information, as all affected work (unless the notice directs otherwise) and (2) deliver or otherwise make available discontinueUpon receipt of a termination action under paragraphs (a) or (b) above, the contractor shall (1) promptly D.subcontractors) which had become firm prior to receipt of the notice of intent to terminate.relating to commitments (e.g., suppliers, termination settlement costs reasonably incurred by the contractor rendered and expenses incurred prior to receipt of the notice of intent to terminate, in addition to tion, the equitable adjustment shall provide for payment to the contractor for services For any terminainvoice.reasonable profit for services or other work performed for which profit has not already been included in an If termination for convenience is effected by the local government, the equitable adjustment shall include a r’s default.costs to the local government because of the contractoany payment due to the contractor at the time of termination may be adjusted to cover any additional (2)no amount shall be allowed for anticipated profit on unperformed services or other work, and (lcontract shall be made, but termination for default is effected by the local government, an equitable adjustment in the price for this IfC.ovided that the other party is afforded the same notice and consultation opportunity specified in l(a) above.prThis contract may be terminated in whole or in part in writing by the local government for its convenience, B.an opportunity for consultation with the terminating party prior to termination.(2)intent to terminate; and, return receipt requested) of not less than ten (10) calendar days written notice (delivered by certified mail(1)party, provided that no termination may be effected unless the other party is given:ty to fulfill its obligations under this contract through no fault of the terminating failure by the other parThis contract may be terminated in whole or in part in writing by either party in the event of substantial A.Termination (Cause and Convenience)1.====================================================================Verify12Guidance to Contractor for Compliance with Labor Standards Provisions 11. Bacon, Copeland, and Contract Work Hours Act)Federal Labor Standards Provisions (Davis10. Utilization of Minority and Women’s Businesses 9. Conflict of Interest8. nsSpecial Equal Opportunity Provisio7. Energy Efficiency 6. (Clean Air Act and Clean Water Act)Environmental Compliance5. Remedies 4.Retention of Records3. Access to Records2. Termination (Cause and Convenience)1. ions shall govern.Supplemental ConditIn case of disagreement with any other section of this contract, the the general conditions and other specifications.and to modify cooperate with, to supplement, The supplemental conditions contained in this section are intended to 1 0051, FAC23.-73C 5201pril, A Construction Contractsfor CDBG Supplemental Conditions 66-Form SC Community Development Block Grant Program Department of Economic Opportunity Page 25 of 51 forms of compensation; and selection for training, including apprenticeship.ruitment advertising; layoff or termination; rates of pay or other demotion, or transfer; recruitment or rec. Such action shall include, but not be limited to, the following: employment, upgrading, national originor sexual orientation, gender identity,ring employment, without regard to their race, color, religion, sex,duaffirmative action to ensure that applicants for employment are employed, and that employees are treated ontractor shall take The national origin.or sexual orientation, gender identity,color, religion, sex,applicant for employment because of race, ontractor shall not discriminate against any employee orThe (1)ontractor agrees as follows:During the performance of this contract, the (Applicable to Federally assisted construction contracts and related subcontracts $10,000 and under.)as AmendedActivities and Contracts Not Subject to Executive Order 11246,A. rovisionsEqual Opportunitypecial7.163).(Public Law 94contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act ency which are mandatory standards and policies relating to energy efficiontractor shall comply with anyThe c fficiencynergy6. shall include this clause in any subcontracts over $100,000.Part 15). The contractor on Agency regulations (40 CFREnvironmental ProtectiExecutive Order 11738, and U.S. C 1368), 08 of the Clean Water Act (33 US1857(h), section 5306 of the Clean Air Act (42 USCissued under sectioncontract exceeds $100,000, the contractor shall comply with all applicable standards, orders, or requirements If this ompliancenvironment al5. be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction.the local government and the contractor, arising out of or relating to this contract, or the breach of it, will between claims, disputes and other matters in question Unless otherwise provided in this contract, all claims, counter emedies4. payment and all other pending matters are closed.years after the local government makes final ng to this contract for sixatiThe contractor shall retain all records rel ecordsofetention3. making audit, examination, excerpts, and transcriptions.documents, papers, and records of the contractor which are directly pertinent to this contract for the purpose of o any books, and any of their duly authorized representatives, shall have access tGovernment AccountabilityFlorida, the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and the Chief Financial Officer of the State of ted States, Urban Development, the Comptroller General of the Uni, the U.S. Department of Housing and Economic OpportunityThe local government, the Florida Department of ecordsccess to2. provided in paragraph (c) above.nt of the contract price shall be made as convenience of the local government. In such event, adjustmecontractor had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the of the contractor to fulfill contractual obligations, it is determined that the If, after termination for failureF. complete the work described in this contract.Upon termination, the local government may take over the work and may award another party a contract to E. 2 0051, FAC23.-73C 5201pril, A Construction Contractsfor CDBG Supplemental Conditions 66-Form SC Community Development Block Grant Program Department of Economic Opportunity Page 26 of 51 , or as otherwise provided by law.by rule, regulation, or order of the Secretary of Laborbe imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or th procedures authorized in Executive Order No. 11246 of Sept. 24, 1965, and such other sanctions may wior in part and the contractor may be declared ineligible for further Government contracts in accordance any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole ination clauses of this contract or with In the event of the contractor's noncompliance with the nondiscrimorders.Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and to his books, records, and accounts by the contracting agency and the thereto, and will permit accessSeptember 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant The contractor will furnish all information and reports required by Executive Order No. 11246 of he Secretary of Labor.rules, regulations, and relevant orders of tThe contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the notice in conspicuous places available to employees and applicants for employment.post copies of the under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall contracting officer, advising the labor union or workers' representative of the contractor's commitments ther contract or understanding, a notice, to be provided by the agency bargaining agreement or oThe contractor will send to each labor union or representative of workers with which he has a collective the contractor's legal duty to furnish information."ng an investigation conducted by the employer, or is consistent with proceeding, hearing, or action, includiunless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, such other employees or applicants to individuals who do not otherwise have access to such information, on of employees or applicants as a part of such employee's essential job functions discloses the compensatiapply to instances in which an employee who has access to the compensation information of other or another employee or applicant. This provision shall not compensation of the employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the The contractor will not discharge or in any other manner discriminate against any employee or applicant origin.race, color, religion, sex, sexual orientation, gender identity, or national contractor, state that all qualified applicants will receive consideration for employment without regard to icitations or advancements for employees placed by or on behalf of the The contractor will, in all solthe contracting officer setting forth the provisions of this nondiscrimination clause.in conspicuous places, available to employees and applicants for employment, notices to be provided by The contractor agrees to post forms of compensation; and selection for training, including apprenticeship.demo tion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other ll include, but not be limited to the following: employment, upgrading, national origin. Such action shaemployment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or affirmative action to ensure that applicants are employed, and that employees are treated during e contractor will take color, religion, sex, sexual orientation, gender identity, or national origin. ThThe contractor will not discriminate against any employee or applicant for employment because of race, the performance of this contract, the contractor agrees as follows:During contracts/subcontracts above $10,000)Applicable to Section 202 Equal Opportunity Clause (through 2014), as AmendedExecutive Order 11246B. Contractors shall incorporate foregoing requirements in all subcontracts.(3)national originor ity,sexual orientation, gender identreligion, sexontractor shall state that all qualified applicants be considered without regard to race, color, clause. The ices to be provided by Contracting Officer seeking forth the provisions of this nondiscrimination notontractor shall post in conspicuous places, available to employees and applicants for employment, The (2) 3 0051, FAC23.-73C 5201pril, A Construction Contractsfor CDBG Supplemental Conditions 66-Form SC Community Development Block Grant Program Department of Economic Opportunity Page 27 of 51 in which the contract work is being undertaken.the county itation, the “covered area” is As used in this Notice, and in the contract resulting from the solic(d)of the subcontract; and the geographical area in which the contract is to be performed.dates identification number; estimated dollar amount of the subcontract; estimated starting and completionnotification shall list the name, address, and telephone number of the subcontractor; employer rk under the contract resulting from this solicitation. The $10,000 at any tier for construction woCompliance Programs within 10 working days of award of any construction subcontract in excess of The Contractor shall provide written notification to the Director of the Office of Federal Contract c)ours performed.the goals will be measured against the total work h4. Compliance with violation of the contract, the Executive Order, and the regulations in 41 CFR Part 60 actor or from project to project for the sole purpose of meeting the Contractor’s goals shall be a to Contrevenly on each of its projects. The transfer of minority or female employees or trainees from Contractor contract and in each trade the Contractor shall make a good faith effort to employ minorities and women uniform throughout the length of the minority and female employment or training must be substantiallygeographic area where the contract resulting from his solicitation is to be performed. The hours of 4.3 (a), and its efforts to meet the goals established or the tions set forth in 41 CFR 60the specificaon its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by 4 shall be based The Contractor’s compliance with Executive Order and the regulations in 41 CFR Part 60 ederally involved construction.involved and nonfederallyactually performed. With regard to this second area, the Contractor also is subject to the goals for both its outside of the covered area, it shall apply the goals established for such geographic area where the work is located performed in the covered area. If the Contractor performs construction work in a geographic area assisted) These goals are applicable to all Contractor’s construction work (whether or not it is federally 25 for goals for each county)See Appendix at CDBGMinority participation(statewide)6.9%Female participation: Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:bles for minority and female participation, expressed in percentage terms for the The goals and timeta(b)Equal Employment Opportunity Construction Contract Specifications” set forth herein.The Offerer’s or Bidder’s attention is called to the “Equal Opportunity Clause” and the “Standard Federal (a)ts/subcontracts exceeding $10,000.)Order 11246). (Applicable to contracNotice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive United States.e contractor may request the United States to enter into such litigation to protect the interests of the thinvolved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, including sanctions for noncompliance: Provided, however, that in the event the contractor becomes Labor as a means of enforcing such provisions purchase order as may be directed by the Secretary of each subcontractor or vendor. The contractor will take such action with respect to any subcontract or 04 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase 4 0051, FAC23.-73C 5201pril, A Construction Contractsfor CDBG Supplemental Conditions 66-Form SC Community Development Block Grant Program Department of Economic Opportunity Page 28 of 51 ubcontractor’s failure to take good faith efforts to achieve the Plan goals and timetables.ontractor’s or e any covered cuan approved Plan does not exin toward a goal subcontractors or ontractors each trade in which it has employees. The overall good faith performance by other obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in d to comply with its ubcontractor participating in an approved Plan is individually requireontractor or demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each have unions participating in the Plan. Contractors must be able to that Plan for those trades which action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with U. S. Department of Labor in the covered area either individually or through an association, its affirmative the 4.5) in a Hometown Plan approved by ontractor is participating (pursuant to 41 CFR 60If the 3.participation and which is set forth in the solicitations from which this contract resulted.tice which contains the applicable goals for minority and female these specifications and the any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of ubcontractor at any tier, subcontracts a portion of the work involving ontractor, or any Whenever the 2.on).participation or community identificatiNorth America and maintaining identifiable tribal affiliations through membership and American Indian or Alaskan Native (all persons having origins in any of the original peoples of (iv, or the Pacific Island); andEast, Southeast Asia, the Indian SubcontinentFar original peoples of the Asian and Pacific Islander (all persons having origins in any of the iiiSpanish Culture or origin, regardless of race);an, Puerto Rican, Cuban, Central or South American or other Hispanic (all persons of Mexic(ii) );not of Hispanic originBlack (all persons having origins in any of the Black African racial groups“Minority” includes:quarterly Federal Tax Return, U. S. Treasury Department Form 941.r used on the Employer’s “Employer identification number” means the Federal Social Security numbe Department of Labor, or any person to whom the Director delegates authority;“Director” means Director, Office of Federal Contract Compliance Programs, United States resulted;t “Covered area” means the geographical area described in the solicitation from which this contrac As used in these specifications:1.11246).Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order tive order.subcontracts covered under the Execu$10,000 necessary in whole or in part to the performance of nonconstruction Federal contracts and 4.6 of this part and in construction subcontracts in excess of designated by the Director pursuant to § 60raphical areas federally assisted construction contracts in excess of $10,000 to be performed in geogcontractors, as applicable, shall include the specifications set forth in this section in all Federal and al contracting officers, all applicants and all nonconstruction the clauses described above, all FederIn addition to and is a part of, all nonexempt federally assisted construction contracts and subcontracts.1.4(b) is required to be included in, The equal opportunity clause published at 41 CFR 60subcontracts. and and is part of, all nonexempt Federal contracts and subcontracts, including construction contracts1.4(a) of this chapter is required to be included in, The equal opportunity clause published at 41 CFR 60(a)Equal Opportunity Clauses4.3.41 CFR 60 5 0051, FAC23.-73C 5201pril, A Construction Contractsfor CDBG Supplemental Conditions 66-Form SC Community Development Block Grant Program Department of Economic Opportunity Page 29 of 51 ontractor’s efforts to meet its obligations.referral process has impeded the ontractor has other information that the union ontractor, or when the or woman sent by the ontractor a minority person ment has not referred to the ontractor has a collective bargaining agreeProvide immediate written notification to the Director when the union or unions with which the (d) ontractor may have taken., along with whatever additional actions the the reason therefore file with ted in thontractor, this shall be documenif referred, not employed by the orby the unioncontractor individual was sent to the union hiring hall for referral and was not referred back to the f what action was taken with respect to each such individual. If such community organization and ostreet applicant and minority or female referral from a union, a recruitment source, or theoffMaintain a current file of the names, addresses, and telephone numbers of each minority and female (c)responses.organizationhe in a record of tontractor or its unions have employment opportunities available, and maintanotification to minority and female recruitment sources and to community organizations when the nt list of minority and female recruitment sources, provide written Establish and maintain a curre(b) in such facilities.orspecific attention to minority or female individuals working at such sites ontractor’s obligation to maintain such a working environment, with aware of and carry out the supervisory personnel are sitespecifically ensure that all foremen, superintendents, and other onontractor shall where possible, will assign two or more women to each construction project. The ontractor, ontractor’s employees are assigned to work. The facilities at which the cin all sites, and Ensure and maintain a working environment free of harassment, intimidation, and coercion at all (a) as the following:on steps at least as extensiveimplement affirmative actiThe Contractor shall document these efforts fully, and shall achieve maximum results from its actions. evaluation of the Contractor’s compliance with these specifications shall be based upon its effort to The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The 7.Labor.pursuant to training programs approved by the U. S. Department ofof their training, subject to the availability of employment opportunities. Trainees must be trained tor must have made a commitment to employ the apprentices and trainees at the completion ontracthe ontractor during the training period, and goals, such apprentices and trainees must be employed by the the In order for the nonworking training hours of apprentices and trainees to be counted in meeting 6.promulgated pursuant thereto.ations Contractor’s obligations under these specifications, Executive Order 11246, or the regul Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the e bargaining agreement, nor the failure by a union with whom the Neither the provisions of any collectiv5.goals in each craft during the period specified.contracting officers. The Contractor is expected to make substantially uniform progress in meeting its ract Compliance Programs office or from Federal procurement from any Office of Federal ContGoals are published periodically in the Federal Register in notice form and such notices may be obtained the minority and female goals established for the geographic area where the contract is being performed. t shall apply assisted construction contracederallyederal or geographical areas where they do not have a in construction workit has employees in the covered area. Covered construction contractors performing ly be able to achieve in each construction trade in which ontractor should reasonabfemale utilization the resulted are expressed as percentages of the total hours of employment and training of minority and . of these specifications. The goals set forth in the solicitation from which this contract through andards provided in paragraphs ontractor shall implement the specific affirmative action stThe 4. 6 0051, FAC23.-73C 5201pril, A Construction Contractsfor CDBG Supplemental Conditions 66-Form SC Community Development Block Grant Program Department of Economic Opportunity Page 30 of 51 ontractor’s EEO policies and affirmative action obligations.e to and performance under the ncadhereConduct a review, at least annually, of all supervisors(p) female contractor associations and other business associations.female construction contractors and suppliers, including circulation of solicitations to minority and cts from minority and Document and maintain a record of all solicitations of offers for subcontra(o) toilet and necessary changing facilities shall be provided to assure privacy between the sexes.user es and company activities are nonsegregated except that separate or singleEnsure that all faciliti(n) being carried out.ontractor’s obligations under these specifications are re that the EEO policy and the cactivities to ensunot have a discriminatory effect by continually monitoring all personnel and employment related es, do Ensure that seniority practices, job classifications, work assignments and other personnel practic(m)appropriate training, etc., such opportunities.promotional opportunities and encourage these employees to seek or to prepare for, through personnel for Conduct, at least annually, an inventory and evaluation at least of all minority and female(l) 3.41 CFR 60Validate all tests and other selection requirements where there is an obligation to do so under (k) ontractor’s work force.in other areas of a youth both on the site and where reasonable, provide after school, summer and vacation employment to minority and female Encourage present minority and female employees to recruit other minority persons and women and, (j) e used in the selection process.above, describing the openings, screening procedures, and tests to bontractor shall send written notification to organizations such as the any recruitment source, the to the date for the acceptance of applications for apprenticeship or other training by one month prior ontractor’s recruitment area and employment needs. Not later than training organizations serving the and students and to minority and female recruitment to schools with minority and female recruitment , female and community organizations, Direct its recruitment efforts, both oral and written, to minority(i) ontractor does or anticipates doing business.ubcontractors with whom the ontractors and ontractor’s EEO policy with other and discussing the and providing written notification to media, specifically including minority and female news media,ontractor’s EEO policy externally by including it in any advertising in the news Disseminate the (h) etings, persons attending, subject matter discussed, and disposition of the subject matter.meat any job site. A written record shall be made and maintained identifying the time and place of these oremen, etc., prior to the initiation of construction work eneral uperintendents, personnel such as site supervisory review of these items with onor other employment decisions including specific specifications with all employees having any responsibility for hiring, assignment, layoff, termination, Review, at least annually, the company’s EEO policy and affirmative action obligations under these ) (gperformed.EEO policy on bulletin boards accessible to all employees at each location where construction work is personnel and with all minority and female employees at least once a year; and by posting the company view of the policy with all management company newspaper, annual report, etc.; by specific reby including it in any policy manual and collective bargaining agreement; by publicizing it in the ontractor in meeting its EEO obligations; programs and requesting their cooperation in assisting the ontractor’s EEO policy by providing notice of the policy to unions and training Disseminate the (f) above..(sources compiled under 7ontractor shall provide notice of these programs to the approved by the Department of Labor. The programs funded or ontractor’s employment needs, especially those programs relevant to the programs and apprenticeship and trainee expressly include minorities and women, including upgrading training opportunities and/or participate in training programs for the areas which jobtheDevelop on(e) 7 0051, FAC23.-73C 5201pril, A Construction Contractsfor CDBG Supplemental Conditions 66-Form SC Community Development Block Grant Program Department of Economic Opportunity Page 31 of 51 Development Block Grant Program).or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community establish different standards of compliance and upon the application of requirements for the hiring of localNothing herein provided shall be construed as a limitation upon the application of other laws which 15.be required to maintain separate records.retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not at which the work was performed. Records shall be maintained in an easily understandable and locationin the indicated trade, rate of pay, and or laborer), dates of changes in status, hours worked per week assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, number whenoyee identification one numbers, construction trade, union affiliation, if any, emplthe name, address, telephmay be required by the Government and to keep records. Records shall at least include for each employee, that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as activity to ensure The contractor shall designate a responsible official to monitor all employment related14.4.8.specifications, the Director shall proceed in accordance with 41 CFR 60of the Executive Order, the implementing regulations, or these y with the requirementfails to complontractor as to achieve maximum results from its effort to ensure equal employment opportunity. If the action steps, at least as extensively as those standards prescribed in paragraph 7 of these specifications, so ment specific affirmative ontractor, in fulfilling its obligations under these specifications, shall impleThe 13.amended.sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as ontractor who fails to carry out such nce Programs. Any the Office of Federal Contract Compliaimposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be he Equal ontractor shall carry out sections and penalties for violation of these specifications and of tThe 2.contracts pursuant to Executive Order 11246.overnment ubcontract with any person or firm debarred from ontractor shall not enter into any The 1.any person because of race, color, religion, sex, or national origin.ontractor shall not use the goals and timetables or affirmative action standards to discriminate against The 10.utilized).is underinority group of women ecutive Order if a specific montractor may be in violation of the Exgenerally, the ontractor has achieved its goals for women substantially disparate manner (for example, even though the ontractor may be in violation of the Executive Order if a particular group is employed in a he minority. Consequently, minority groups, both male and female, and all women, both minority and nonhowever, is required to provide equal employment opportunity and to take affirmative action for all ontractor, oal for women have been established. The A single goal for minorities and separate single g9.ontractor’s noncompliance.not be a defense for the shall ontractor's and failure of such a group to fulfill an obligation to comply, however, is the obligation ontractor. The aken on behalf of the to documentation which demonstrates the effectiveness of actions tparticipation, makes a good faith effort to meet its individual goals and timetables, and can provide access ontractor’s minority and female workforce s of the program are reflected in the that the concrete benefitthat the group has a positive impact on the employment of minorities and women in the industry, ensures ontractor actively participates in the group, makes every effort to assure pecifications provided that the ough (p) of these (a) thr7.participant, may be asserted as fulfilling any one or more of its obligations under ontractor is a member and community, or other similar group of which the union, contractorcontractorhrough (p). The efforts of a contractor association, joint (a) tfirmative action obligations 7.their afContractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of 8. 8 0051, FAC23.-73C 5201pril, A Construction Contractsfor CDBG Supplemental Conditions 66-Form SC Community Development Block Grant Program Department of Economic Opportunity Page 32 of 51 s.regulationunder no contractual or other impediment that would prevent them from complying with the Part 135 ection 3. As evidenced by their execution of this contract, the parties to this contract certify that they are CFR Part 135, which implement in 24The parties to this contract agree to comply with HUD's regulations (2)income persons, particularly persons who are recipients of HUD assistance for housing.lowand very s covered by section 3, shall, to the greatest extent feasible, be directed to lowassisted projectto ensure that employment and other economic opportunities generated by HUD assistance or HUDection 3 is ection 3). The purpose of t of 1968, as amended, 12 USC 1701u (Sand Urban Development Acection 3 of the Housing the requirements of Ssubject to The work to be performed under this contract is (1)“Section 3" Compliance in the Provision of Training, Employment and Business Opportunities. or activity funded in whole or in part with funds made available under this title.any program excluded from participation in, be denied the benefits of, or be subjected to discrimination underor sex be religion No person in the United States shall on the grounds of race, color, national original, the Housing and Community Development Act of 1974Section 109 of . program or activity receiving Federal financial assistance.origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any no person shall, on the grounds of race, color, or national Under Title VI of the Civil Rights Act of 1964,Civil Rights Act of 1964. certifications for specific time periods) .to such proposed subcontractors (except where the proposed subcontractors have submitted identical ill forward the following notice Opportunity Clause; that it will retain such certifications in its files; and that it wprior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal obtain identical certifications from proposed subcontractors subcontractors for specific time periods) it willontractor further agrees that (except where it has obtained identical certifications from proposed The cbecause of habit, local custom, or otherwise. on the basis of race, creed, color, or national origin, are segregated by explicit directive or are in fact segregated parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities which r eating areas, time clocks, locker rooms and other storage or dressing areas, rooms, restaurants, and othe As used in this certification, “segregated facilities” mean any waiting rooms, work areas, rest rooms and wash contract. tractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause in this onThe to perform their services at any location, under its control, where segregated facilities are maintained. for its employees any segregated facilities at any of its establishments, and that it will not permit its employees ll not maintain or provide ontractor certifies further that it wited facilities are maintained. The cwhere segregaestablishments, and does not permit its employees to perform their services at any location, under its control, or its employees any segregated facilities at any of its ontractor does not maintain or provide fThe c over $10,000)Contracts Segregated Facilities (Certification of Non. 9 0051, FAC23.-73C 5201pril, A Construction Contractsfor CDBG Supplemental Conditions 66-Form SC Community Development Block Grant Program Department of Economic Opportunity Page 33 of 51 the rights of applicants and employees.employ and advance in employment qualified handicapped employees and applicants for employment, and the law to take affirmative action to officer. Such notices shall state the Contractor’s obligation under employment, notices in a form to be prescribed by the Director, provided by or through the contracting tor agrees to post in conspicuous places, available to employees and applicants for ontracThe (4)of Labor issued pursuant to the Act.noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary In the event of the Contractor’s noncompliance with the requirements of this clause, actions for (3)issued pursuant to the Act.The Contractor agrees to comply with the rules, regulations and relevant orders of the Secretary of Labor (2)selection for training, including apprenticeship.r termination, rates of pay or other forms of compensation, and transfer, recruitment, advertising, layoff omental handicap in all employment practices such as the following: employment, upgrading, demotion or otherwise treat qualified handicapped individuals without discrimination based upon their physical or ent and is qualified. The Contractor agrees to take affirmative action to employ, advance in employmphysical or mental handicap in regard to any position for which the employee or applicant for employment ainst any employee or applicant for employment because of The Contractor will not discriminate ag(1)more$2,500 or tion 503 Handicapped (ContractsSec. with section 7(b).ection 3 to the maximum extent feasible, but not in derogation of compliance 7(b) agree to comply with Stion visions of section 3 and secEconomic Enterprises. Parties to this contract that are subject to the proowned the award of contracts and subcontracts shall be given to Indian organizations and Indianunities for training and employment shall be given to Indians, and (ii) preference in preference and opportwork to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) 450e) also applies to the cation Assistance Act (25 USCDetermination and Edu7(b) of the Indian Selfhousing assistance, section ection 3 covered IndianWith respect to work performed in connection with (7)contract for default, and debarment or suspension from future HUD assisted contracts.art 135 may result in sanctions, termination of this th HUD's regulations in 24 CFR Pance wiNoncompli(6)art 135.tor's obligations under 24 CFR Pwere not filled to circumvent the contracart 135 require employment opportunities to be directed, whom the regulations of 24 CFR Pthan those to fore the contract is executed, and (2) with persons other is selected but belled (1) after the contractorfiThe contractor will certify that any vacant employment positions, including training positions, that are (5)art 135.n of the regulations in 24 CFR Pviolatiowledge that the subcontractor has been found in subcontractor where the contractor has notice or knoart 135. The contractor will not subcontract with any n of the regulations in 24 CFR Pviolatioection 3 clause, upon a finding that the subcontractor is in of the subcontract or in this Sprovisionlicable art 135, and agrees to take appropriate action, as provided in an appregulations in 24 CFR Pe with ection 3 clause in every subcontract subject to complianctractor agrees to include this SThe con(4)ositions; and the anticipated date the work shall begin.applications for each of the ptraining positions, the qualifications for each; and the name and location of the person(s) taking preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and ection 3 be the SThe notice shall descrifor training and employment positions can see the notice.will post copies of the notice in conspicuous places at the work site where both employees and applicants ection 3 clause, and actor's commitments under this Sive of the controrganization or workers' representatcontractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor The contractor agrees to send to each labor organization or representative of workers with which the (3) 10 0051, FAC23.-73C 5201pril, A Construction Contractsfor CDBG Supplemental Conditions 66-Form SC Community Development Block Grant Program Department of Economic Opportunity Page 34 of 51 rest.incorporated in all subcontracts the language set forth in this paragraph prohibiting conflict of inteontractor shall cause to be to be performed. Further, the csubcontract, or the proceeds thereof, for work terest, direct or indirect, in any contract or during his/her tenure or for one year thereafter, shall have any inno other public official of the locality who exercises any function or responsibility with respect to this contract, iction or its designees or agents, no member of the governing body, and No officer or employee of the local jurisd fficialsublictherBody, oroverning ocalembers of the, Murisdictionocalmployees of theof Officers oronflict of Interest8.risk of getting a disease, disorder, or condition in the future.ncreased definition of genetic information because it is often used to determine whether someone has an iFamily medical history is included in the individual’s family members (i.e. family medical history). on about the manifestation of a disease or disorder in an individual’s family members, as well as informatiincludes information about an individual’s genetic tests and the genetic tests of an Genetic information(2)any other term or condition of employment. promotions, layoffs, training, fringe benefits, or employment, including hiring, firing, pay, job assignments,The law forbids discrimination on the basis of genetic information when it comes to any aspect of and strictly limits the disclosure of genetic information.ring or purchasing genetic information, referred to as "covered entities") from requesting, requiprograms management training and apprenticeship Title II (employment agencies, labor organizations and joint laborrestricts employers and other entities covered by ing employment decisions. GINAin makinformationgenetic Employers are prohibited from usingemployees or applicants because of genetic information.Genetic Information Nondiscrimination Act, it is illegal to discriminate against the Under Title II of (1)rimination Act of 2008 (GINA)Title II of the Genetic Information NondiscK.to reduce the wage rate of any employee in order to comply with this chapter.(3 because of such individual’s age; or idual of employment opportunities or otherwise adversely affect his status as an employee, indivto limit, segregate, or classify his employees in any way which would deprive or tend to deprive any (2)individual’s age;with respect to his compensation, terms, conditions, or privileges of employment, because of such minate against any individual to fail or refuse to hire or to discharge any individual or otherwise discri(1)It shall be unlawful for an employer in Employment Act of 1967, as AmendedAge Discrimination noncompliance.s may direct to enforce such provisions, including action for Contract Compliance Programtake such action with respect to any subcontract or purchase order as the Director of the Office of Federal ontractor will the Act, so that such provisions will be binding upon each subcontractor or vendor. The Section 503 of or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant toontractor will include the provisions of this clause in every subcontract or purchase order of $2,500 The (6)ent physically and mentally handicapped individuals.advance in employmSection 503 of the Rehabilitation Act of 1973, and is committed to take affirmative action to employ and bargaining agreement or their contract understanding, that the contractor is bound by the terms of s with which it has a collective ontractor will notify each labor union or representative of workerThe (5) 11 0051, FAC23.-73C 5201pril, A Construction Contractsfor CDBG Supplemental Conditions 66-Form SC Community Development Block Grant Program Department of Economic Opportunity Page 35 of 51 in the wage determination; andThe work to be performed by the classification requested is not performed by a classification (1) when the following criteria have been met:ly HUD shall approve an additional classification and wage rate and fringe benefits; therefore, onbe employed under the contract shall be classified in conformance with the wage determination. cs which is not listed in the wage determination and which is to Any class of laborers or mechani(i) (b) place where it can be easily seen by the workers.all times by the contractor and its subcontractors at the site of the work in a prominent and accessible 1321) shall be posted at Bacon poster (WHi) and the Davisrates conformed under 29 CFR 5.5(a)(1)(iin which work is performed. The wage determination (including any additional classification and wage provided, that the employer’s payroll records accurately set forth the time spent in each classification therein; may be compensated at the rate specified for each classification for the time actually worked provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification work actually performed, without regard to skill, except as determination for the classification ofSuch laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage during such weekly period.hich cover the particular weekly period, are deemed to be constructively made or incurred programs, wincurred for more than a weekly period (but not less often than quarterly) under plans, funds, or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs considered wages paid to such laborers or Bacon Act on behalf of laborers or mechanics aremade or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Daviswhich may be alleged to exist between the contractor and such laborers and mechanics. Contributions ship Labor which is attached hereto and made a part hereof, regardless of any contractual relationpayment computed at rates not less than those contained in the wage determination of the Secretary of fringe benefits (or cash equivalents thereof) due at time of full amount of wages and bona fide permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the without subsequent deduction or rebate on any account (except such payroll deductions as are ten than once a week, and development of the project), will be paid unconditionally and not less ofunder the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or . All laborers and mechanics employed or working upon the site of the work (or gesMinimum Wa(a)(1)A.applicable to such Federal assistance.and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions k covered by this contract pertains is being assisted by the United States of America which the construction worThe Project to Bacon Act, Copeland Act, and Contract Works Hours & Safety Standards Act) (DavisFederal Labor Standards Provisions10.the above agencies is acceptable for the CDBG program.cognized as an M/WBE by any of irm reA focal government M/WBE programs in many large counties and cities , andMinority Business Development Center in most major cities (construction services, particularly highway)Florida Department of Transportation Office of Supplier Diversityrvices, Department of Management SeFlorida applicable. Information regarding certified M/WBE firms can be obtained from:utilize M/WBE firms, including identifying what firms were solicited as suppliers and/or subcontractors, as tractor shall document efforts to suppliers and/or subcontractors, as applicable. Prior to contract award, the conThe contractor shall take all necessary affirmative steps to assure that M/WBE firms are utilized when possible as (M/WBE)irmsomenandinoritytilization of9. 12 0051, FAC23.-73C 5201pril, A Construction Contractsfor CDBG Supplemental Conditions 66-Form SC Community Development Block Grant Program Department of Economic Opportunity Page 36 of 51 Bacon Act contracts.direct DavisComptroller General shall make such disbursements in the case of on account of the contractor or subcontractor to the respective employees to whom they are due. The ignee may, after written notice to the contractor, disburse such amounts withheld for and HUD or its dessuspension of any further payment, advance, or guarantee of funds until such violations have ceased. notice to the contractor, sponsor, applicant, or owners, take such action as may be necessary to cause the its designee may, after written of the project), all or part of the wages required by the contract, HUD, orUnited States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development , trainee or helper, employed or working on the site of the work (or under the including any apprenticethe full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, mechanics, including apprentices, trainees and helpers employed by the contractor or any subcontractor to pay laborers and so much of the accrued payments or advances as may be considered necessaryBacon prevailing wage requirements, which is held by the same prime contractor contract subject to Davisassisted ral contract with the same prime contractor, or any other Federallythis contract or any other federepresentative of the Department of Labor withhold or cause to be withheld from the contractor under HUD or its designee shall upon its own action or upon written request of an authorized Withholding(2) 0140.)umber 1215(Approved by the Office of Management and Budget under OMB Control Naside in a separate account assets for the meeting of obligations under the plan or program. Bacon Act have been met. The Secretary of Labor may require the contractor to set the DavisofSecretary of Labor has found, upon the written request of the contractor, that the applicable standards anticipated in providing bona fide fringe benefits under a plan or program. Provided, that the aborer or mechanic the amount of any costs reasonably consider as part of the wages of any lIf the contractor does not make payments to a trustee or other third person, the contractor may (d)cash equivalent thereof.stated in the wage determination or shall pay another bona fide fringe benefit or an hourly benefit asincludes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics (c) work is performed in the classification.under this contract from the first day on which(b)(ii) or (iii) of this paragraph, shall be paid to all workers performing work in the classification The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (iv)0.)014OMB Control Number 1215that the additional time is necessary. (Approved by the Office of Management and Budget under day period and so advise HUD or its designee or will notify HUD or its designee within the 30determination within 30 days of receipt Administrator, or an authorized representative, will issue a recommendation of HUD or its designee, to the Administrator for determination. The designee shall refer the questions, including the views of all interested parties and the opriate), HUD or its wage rate (including the amount designed for fringe benefits, where apprtheir representatives, and HUD or its designee do not agree on the proposed classification and t that the Contractor, the laborers or mechanics to be employed in the Classification or In the even(iii)0140.)by the Office of Management and Budget under OMB control number 1215day period that additional time is necessary. (Approved notify HUD or its designee within the 30hin 30 days of receipt and so advise HUD or its designee or will additional classification action witThe Administrator, or an authorized representative, will approve, modify, or disapprove every employment Standards Administration, U. S. Department of Labor, Washington, D. C. 20210. ator of the Wage and Hour Division, taken shall be sent by HUD or its designee to the Administr(including the amount designated for fringe benefits where appropriate), a report of the action or their representatives, and HUD or its designee agree on the classification and wage rate known), If the contractor and the laborers and mechanics to be employed in the classification (if(ii) relationship to the wage rates contained in the wage determination.The proposed wage rate, including any bona fide fringe benefits, bears a reasonable (3) andThe classification is utilized in the area by the construction industry; (2) 13 0051, FAC23.-73C 5201pril, A Construction Contractsfor CDBG Supplemental Conditions 66-Form SC Community Development Block Grant Program Department of Economic Opportunity Page 37 of 51 required by paragraph A(3)(b)(ii) of this section.he “Statement of Compliance” 347 shall satisfy the requirement for submission of tForm WHThe weekly submission of a properly executed certification set forth on the reverse side of Option (iii)applicable wage determination incorporated into the contract.formed, as specified in the benefits or cash equivalents for the classification of work perThat each laborer or mechanic has been paid not less than the applicable wage rates and fringe (3) CFR Part 3;from the full wages earned, other than permissible deductions as set forth in 29 indirectly rebate, either directly or indirectly, and that no deductions have been made either directly or the contract during the payroll period has been paid the full weekly wages earned, without cluding each helper, apprentice, and trainee) employed on That each laborer or mechanic (in(2) under 29 CFR Part 5.5 (a)(3)(I) and that such information is correct and complete;That the payroll for the payroll period contains the information required to be maintained (1) tract and shall certify the following:persons employed under the concontractor or subcontractor or his or her agent who pays or supervises the payment of the Each payroll submitted shall be accompanied by a “Statement of Compliance”, signed by the (ii)0149).get under OMB Control Number 1215(Approved by the Office of Management and BudThe prime contractor is responsible for the submission of copies of payrolls by all subcontractors. 1), U. S. Government Printing Office, Washington, DC 20402. 00014005Stock Number 029of Documents (Federal available for this purpose and may be purchased from the Superintendent 347 is 5.5(a)(3)(I). This information may be submitted in any form desired. Optional Form WHrately and completely all of the information required to be maintained under 29 CFR Part accuthe case may be, for transmission to HUD or its designee. The payrolls submitted shall set out not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owners, as agency is a party to the contract, but if the agency is of all payrolls to HUD or its designee if theThe contractor shall submit weekly for each week in which any contract work is performed a copy (i)(b) 0017).0140 and 1215Budget under OMB Control Numbers 1215ms. (Approved by the Office of Management and wage rates prescribed in the applicable progracertification of trainee programs, the registration of the apprentices and trainees, and the ratios and approved programs shall maintain written evidence of the registration of apprenticeship programs and nder actual cost incurred in providing such benefits. Contractors employing apprentices or trainees uwriting to the laborers or mechanics affected, and records which show the costs anticipated or the ible, and that the plan or program has been communicated in plan or program is financially responsmaintain records which show that the commitment to provide such benefits is enforceable, that the Bacon Act, the contractor shall under a plan or program described in Section 1(b)(2)(B) of the Davisproviding benefits laborer or mechanic include the amount of any costs reasonably anticipated in paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any Act), daily and weekly number of hours worked, deductions made and actual wages Bacon the Davisfor bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated ach such worker, his or her records shall contain the name, address, and social security number of e1937, or under the Housing Act of 1949, in the construction or development of the project). Such mechanics working at the site of the work (or under the United States Housing Act of laborers andcontractor during the course of the work preserved for a period of three years thereafter for all . Payrolls and basic records relating thereto shall be maintained by the Payrolls and Basic Records(a) (3) 14 0051, FAC23.-73C 5201pril, A Construction Contractsfor CDBG Supplemental Conditions 66-Form SC Community Development Block Grant Program Department of Economic Opportunity Page 38 of 51 until an acceptable program is approved.permitted to utilize apprentices at less than the applicable predetermined rate for the work performed be the Bureau, withdraws approval of an apprenticeship program, the contractor will no longerthe event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by , fringes shall be paid in accordance with the determination. In the applicable apprentice classificationfor the applicable classification. If the Administrator determines that a different practice prevails for benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination ringe program does not specify fprovisions of the apprenticeship program. If the apprenticeshipapplicable wage determination. Apprentices shall be paid fringe benefits in accordance with the ssed as a percentage of the journeymen hourly rate specified in the apprentice’s level of progress, expre apprentice must be paid at not less than the rate specified in the registered program for the rate) specified in the contractor’s or subcontractor’s registered program shall be observed. Every the journeyman’s hourly program is registered, the ratios and wage rates (expressed in percentages ofWhere a contractor is performing construction on a project in a locality other than that in which its icable wage rate on the wage determination for the work actually performed. paid not less than the applperforming work on the job site in excess of the ratio permitted under the registered program, shall be determination for the classification of work actually performed. In addition, any apprentice plicable wage rate on the wage otherwise employed as stated above, shall be paid not less than the apregistered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or than the ratio permitted to the contractor as to the entire work force under the shall not be greater apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an pprenticeship and Training or a State the program, but who has been certified by the Bureau of Aemployment as an apprentice in such an apprenticeship program, who is not individually registered in recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency apprenticeship program registered with the U. S. Department of Labor, Employment and Training are employed pursuant to and individually registered in a bona fide they performed when theyApprentices. Apprentices will be permitted to work at less than the predetermined rate for the work (i). Apprentices and Trainees(a) (4)CFR Part 5.12.e such records available may be grounds for debarment action pursuant to 29 upon request to makfurther payment, advance, or guarantee of funds. Furthermore, failure to submit the required records sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any er written notice to the contractor, records or to make them available, HUD or its designee may, aftduring working hours on the job. If the contractor or subcontractor fails to submit the required ignee or the Department of Labor, and shall permit such representatives to interview employees dessection available for inspection, copying, or transcription by authorized representatives of HUD or its The contractor or subcontractor shall make the records required under paragraph A(3)(a) of this (c) United States Code.tion 231 of Title 31 of the civil or criminal prosecution under Section 1001 of Title 18 and SecThe falsification of any of the above certifications may subject the contractor or subcontractor to (iv) 15 0051, FAC23.-73C 5201pril, A Construction Contractsfor CDBG Supplemental Conditions 66-Form SC Community Development Block Grant Program Department of Economic Opportunity Page 39 of 51 Part 24.CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Bacon Act or 29 the Davisineligible to be awarded Government contracts by virtue of Section 3(a) of or she) nor any person or firm who has an interest in the contractor’s firm is a person or firm . By entering into this contract, the contractor certifies that neither it (nor he Certification of Eligibilit(a) (10), or the employees or their representatives.OLHUD or its designee, the USits subcontractors) and5, 6 and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of 29 CFR Parts set forth in (USDOL)Department of Labor U. S. in accordance with the procedures of the contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved es arising out of the labor standards provisions of this Disput. Disputes Concerning Labor Standards(9)contract.Bacon and Related Acts contained in 29 CFR Parts 1, 3 and 5 are herein incorporated by referenced in this . All rulings and interpretations of the DavisBacon and Related Act Requirementsith DavisCompliance w(8) 29 CFR 5.12.termination of the contract and for debarment as a contractor and a subcontractor as provided in . A breach of the contract clauses in 29 CFR 5.5 may be grounds for Contract Termination, Debarment(7)ses in 29 CFR Part 5.5.tier subcontractor with all the contract clausubcontracts. The prime contract shall be responsible for the compliance by any subcontractor or lower uctions require, and also a clause requiring the subcontractors to include these clauses in any lower tier instr29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate . The contractor or subcontractor will insert in any subcontracts the clauses contained in Subcontracts(6) e incorporated by reference in this contract.29 CFR Part 3 which ar. The contractor shall comply with the requirements of Compliance with Copeland Act Requirements(5) 11246, as amended, and 29 CFR Part 30.hall be in conformity with the equal employment opportunity requirements of Executive Order part sEqual Employment Opportunity. The utilization of apprentices, trainees and journeymen under this (iii)performed until an acceptable program is approved.r be permitted to utilize trainees at less than the applicable predetermined rate for the work no longeEmployment and Training Administration withdraws approval of a training program the contract will applicable wage rate on the wage determination for the work actually performed. In the event the registered program shall be paid not less than the the job site in excess of the ratio permitted under thethe wage determination for the work actually performed. In addition, any trainee performing work on the Employment and Training Administration shall be paid not less than the applicable wage rate on on the payroll at a trainee rate who is not registered and participating in a training plan approved bydetermination which provides for less than full fringe benefits for apprentices. Any employee listed the corresponding journeyman wage rate on the wage apprenticeship program associated with determination unless the Administrator of the Wage and Hour Division determines that there is an mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage program does not benefits in accordance with the provisions of the trainee program. If the traineejourneyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe m for the trainee’s level of progress, expressed as a percentage of the specified in the approved prograEmployment and Training Administration. Every trainee must be paid at not less than the rate journeymen on the job site shall not be greater than permitted under the plan approved by the stration. The ratio of trainees to U. S. Department of Labor, Employment and Training Adminiregistered in a program which has received prior approval, evidenced by formal certification by the predetermined rate for the work performed unless they are employed pursuant to and individually e Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than th(ii) 16 0051, FAC23.-73C 5201pril, A Construction Contractsfor CDBG Supplemental Conditions 66-Form SC Community Development Block Grant Program Department of Economic Opportunity Page 40 of 51 health standards promulgated by the Secretary of Labor by regulation.unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and gs or under working conditions which are No laborer or mechanic shall be required to work in surroundin(1) Health and SafetyC. this paragraph.any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) ofor shall be responsible for compliance by these clauses in any lower tier subcontracts. The prime contractsubparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include contractor or subcontractor shall insert in any subcontracts the clauses set forth in Subcontracts. The (4)subparagraph (2) of this paragraph.contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in tractor such sums as may be determined to be necessary to satisfy any liabilities of such the same prime conassisted contract subject to the Contract Work Hours and Safety Standards Act , which is held by Federallyunder any such contract or any other Federal contract with the same prime contract, or any other y the contractor or subcontractor withheld, from any moneys payable on account of work performed bupon written request of an authorized representative of the Department of Labor withhold or cause to be unpaid wages and liquidated damages. HUD or its designee shall upon its own action or Withholding for(3)paragraph.hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this which such individual was required or permitted to work in excess of the standard workweek of forty each calendar day on the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of r liquidated damages. Such liquidated damages shall be computed with District or to such territory), foUnited States (in the case of work done under contract for the District of Columbia or a territory, to such shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the fore forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible thereViolation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set (2) workweek.in excess of forty hours in such half times the basic rate of pay for all hours workedthan one and oneforty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less ic in any workweek in which he or she is employed on such work to work in excess of laborer or mechanwhich may require or involve the employment of laborers or mechanics shall require or permit any such Overtime requirements. No contractor or subcontractor contracting for any part of the contract work (1) ” include watchmen and guards.“mechanics. As used in the paragraph, the terms “laborers” and Contract Work Hours and Safety Standards ActB. any proceeding under or relating to the labor standards applicable under this contract to his employer.has testified or is about to testify in complaint or instituted or caused to be instituted any proceeding or manner discriminated against by the contractor or any subcontractor because such employee has filed any rds provisions of this contract are applicable shall be discharged or in any other or other labor standa. No laborer or mechanic to whom the wage, salary, Complaints, Proceedings, or Testimony by Employees(11)be fined not more than $5,000 or imprisoned not more than two years, or both.”shall ... tatement, knowing the same to be falsemakes, utters or publishes any s... such Administrationinfluencing in any way the action of ...transactions”, provides in part “Whoever, for the purpose of, “Federal Housing Administration Section 1010, Title 18, USCS. Criminal Code, Additionally, U.. al Code, 18 USC 1001The penalty for making false statements is prescribed in the U. S. Crimin(c)awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.Bacon Act or 29 CFR 5.12(a)(1) or to be y virtue of Section 3(a) of the DavisGovernment contract bNo part of this contract shall be subcontracted to any person or firm ineligible for award of a (b) 17 0051, FAC23.-73C 5201pril, A Construction Contractsfor CDBG Supplemental Conditions 66-Form SC Community Development Block Grant Program Department of Economic Opportunity Page 41 of 51 Bacon and related acts.)Davis ay” as the base for calculation, not the minimum rates established by the requirement and uses “basic rate of p establish minimum rates and does not address overtime; the Contract Work Hours Act contains the overtime Bacon and related acts only rate received, not the minimum required by the wage decision. (The Davishourly cash For any project work over 40 hours weekly, a worker generally must be paid 150% of the actual OvertimeC. Bacon and Related Acts has been satisfied.)requirement of the Davisquals the hours worked times the minimum hourly rate in the wage decision, the worker for straight time erates required by the wage decision, this should not be a problem. As long as the total wages received by a have no value for any time worked over 40 hours weekly. (If a worker is paid more than the minimum ally fringe benefits an additional payment may be required to meet the minimum hourly wages since generamount contributed by the worker) for the fringe benefit by 2080. Therefore, for workers with overtime, s calculated by dividing the contractor’s annual cost (excluding any The hourly value of the fringe benefit i(4) most workers and (b) involves payments to a third party.insurance or retirement are a fringe benefit. Generally, a fringe benefit is bona fide if (a) it is available to however, contractor payments for health FICA or unemployment insurance are not a fringe benefit; minimum hourly amount due under the applicable wage decision. For example, contractor payments for A contractor payment for a worker which is required by law is not a fringe benefit in meeting the (3) , regardless of the individual amounts reflected in the “Rates” and “Fringe Benefits” columns.benefitsbona fide fringe any combination of cash andThe contractor may satisfy this minimum hourly amount by (2) columns of the applicable wage decision.“Rates” and “Fringe Benefits” (if any)The minimum hourly amount due to a worker in each classification is the total of the amounts in the (1) Complying with Minimum Hourly AmountsB. if desired. y pay the higher of the two rates and submit one payroll, additional classification is approved, the contractor marate for a classification using the hourly rate for that same classification in another wage decision. After the be added to the wage decision. A worker may not be paid at the must e classification portion of the work, thclassification. However, where a job classification is not listed in a wage decision and is needed for that may be submitted provided the Contractor uses the higher rate in the wage decisions for each identical job ach worker once, worker twice and the hours worked under each wage decision. One single payroll, reflecting emust submit either two separate payrolls (one for each wage decision) or one payroll which identifies each ntractor, and each subcontractor who works on the site, If the contract includes two wage decisions, the coContracts with Two Wage DecisionsA.Guidance to Contractor for Compliance with Labor Standards Provisions11.enforcing such provisions.Development or the Secretary of Labor shall direct as a means of the Secretary of Housing and Urbanbe binding on each subcontractor. The contractor shall take such action with respect to any subcontract as The contractor shall include the provisions of this Article in every subcontract so that such provisions will 3) 54.83 State 96).Contract Work Hours and Safety Standards Act (Public Law 911926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the all regulations issued by the Secretary of Labor pursuant to Title 29 Part The contractor shall comply with(2) 18 0051, FAC23.-73C 5201pril, A Construction Contractsfor CDBG Supplemental Conditions 66-Form SC Community Development Block Grant Program Department of Economic Opportunity Page 42 of 51 and overtime. s payroll. The worker is still subject to the labor standards provisions in this contract, including minimum wagethat the worker must submit a separate payroll as a subcontractor rather than be included on some other or, and is employed as such, this means If a worker meets the IRS standards for being an independent contract His status as “owner” is irrelevant for labor standards purposes. himself, then Mr. Smith is subject to the labor standards provisions, including minimum wages and overtime. bing work this contract. For example, if John Smith is the owner of ABC Plumbing and performs all plumIf the work performed is primarily manual in nature, the worker is subject to the labor standards provisions in is based on the nature of the work performed.sions comply with the labor standards provisions of this contract. The applicability of the labor standards proviThe nature of the relationship between a prime contractor and a worker does not affect the requirement to Leased Workersps/Independent Contractors/Sole ProprietorshiG. wage decision for the appropriate classification(s) based on the work performed.workers/mechanics for the time spent engaged in manual labor and must be paid at least the minimum in the aged in supervisory activities are considered supervisory personnel who spend less than 80% of their time engovertime payments under the Contract Work Hours and Safety Standards Act. However, foremen and other Bacon and Related Act or s and their wages are not subject to any minimums under the DavisclassificationBacon and Related Acts. Therefore, a wage decision will not include such supervisory covered by the DavisForemen and other supervisory personnel who spend at least 80% of their time supervising workers are not Supervisory PersonnelF.. wage restitution to the affected worker(s) for all hours worked under the proposed rateuntil the USDOL makes a determination. Should the USDOL require a higher rate, the contractor must make ssification and rate. The contractor may pay the proposed rate must approve the proposed claThe USDOLthe affected workers and contractor.operator in the wage decision. The owner will provide forms to document agreement on the minimum rate by the minimum cannot be lower than the lowest rate for any power equipment power equipment operator,classification) and truck drivers are not considered a trade for this purpose. If the classification involves a the lowest rate for any trade in the wage decision. Laborers (including any subcategory of the laborer be lower than rate, which cannot minimumOtherwise, the contractor and affected workers must agree on a classification in the wage decision.identify the job classification(s) required. In some instances, the State agency may allow the use of a similar in writing and If a classification not in the wage decision is required, please advise the owner’s representative Classifications Not Included in the Wage DecisionE. A copy of the court order should be submitted.worker, the amount deducted and the purpose. ntify the in a separate document. This document should idethe responsible payroll personmay be identified byordered deductions, such as child support, Courtdecrease, no revision to the original authorization is needed. n must be submitted. If deducted amounts deduction. If deducted amounts increase, another authorizatiothe authorization must be submitted with the first payroll containing the y ofamount or a percentage. A copidentify the purpose of each deduction and the amount, which may be a specific dollar The authorization must Workers who have deductions, not required by law, from their pay must authorize these deductions in writing. DeductionsD. 19 0051, FAC23.-73C 5201pril, A Construction Contractsfor CDBG Supplemental Conditions 66-Form SC Community Development Block Grant Program Department of Economic Opportunity Page 43 of 51 startverify/youhttp://www.uscis.gov/ers tutorials and other assistance at the web address below:offeDepartment of Homeland SecurityThe (c)Verify_Employer.pdfVerify_Native_Documents/MOU _for_EVerify/Ehttp://www.uscis.gov/sites/default/files/USCIS/Verification/EEmployer Memorandum of Understanding is:The address for obtaining an funded projectseir contracts to perform work on CDBGeffective date of therify system prior to hiring any new employee after the enroll in the EshallContractors and subcontractorspageenrollmentverifyverify/ehttp://www.uscis.gov/elisted belowwebsite Department of Homeland Security’s the ony system Verifcan enroll in the Ethe Department of Homeland Security memorandum of understanding with Verify and executed a not signed up for Ethat haorsubcontractorA contractorwork in the United States. s to determine the eligibility of their employees to based system that allows businesseVerify is an InternetMay 27, 2011on 116, signed by the Governor of Florida Executive Order 11s under contractirduring the term of thethey hire lity of all new employees that stem to verify the employment eligibiVerify sy Department of Homeland Security’s E U.S. theenroll infunded by CDBG subgrants are required to ontractors and subcontractors performing work Verify12.ice program, the worker must be classified according to duties performed and tools used. apprent Presently, no worker may be classified as a “helper”. As with apprentices not participating in a formal appropriate classification.Wage and Hour Division of the U.S. Department of Labor located in most large cities regarding the consult with the used, or as a laborer if specialized tools of the trade are not used. The contractor may want to according to duties performed. This procedure may require classification in the “trade” depending on tools entice program, then the worker must be classified If the worker does not participate in a federal or state apprdecision. hourly rate cannot be lower than the percentage of the hourly rate for the classification in the applicable wage Bacon Act purposes, the percentage of the journeyman rate. For Davisapprentice will be compensated at aDocumentation of participation must be submitted. Generally, the apprentice program specifies that the . only if participating in a federal or state program A worker may be classified as an apprentice pprentices/HelpersH. worked, and number of overtime hours worked.including a classification for each worker based on the nature of the work performed, number of regular hours rmation required to determine compliance with the labor standards provisions of this contract, must reflect infocontract, including minimum wages and overtime. The leasing firm must submit payrolls and these payrolls If a contractor or subcontractor leases its workers, they are subject to the labor standards provisions in this 20 0051, FAC23.-73C 5201pril, A Construction Contractsfor CDBG Supplemental Conditions 66-Form SC Community Development Block Grant Program Department of Economic Opportunity Page 44 of 51 counties(all seven& St. LucieMartin,Okeechobee,30.4 .............................................., Monroe,Glades, Hendry, Indian River22.4............................................. .................................................Palm Beach15.5....................................................................................................Broward39.5......................... .................................................................................DadeFort Lauderdale AreaMiami 14.9.......................................three counties(all Sumter& Flagler, Lake, 15.5.............................three counties(all Seminole& Orange, Osceola, 10.7.....................................................................................................Brevard1 5.7......................................................................................................VolusiaPercentageeach AreaDaytona BOrlando counties(all 11Suwannee, & UnionPutnam,Hamilton, Lafayette, Levy, Marion,22.2 ..................................................Bradford, Columbia, Dixie, Gilchrist21.8 .............................................Nassau, & St. JohnsBaker, Clay, Duval, 20.6.....................................................................................................AlachuaJacksonville Areacounties(all fiveton, & WashingtonWal15.4 .......................................................................Gulf, Holmes, Okaloosa,18.3.............................................................................Escambia, Santa Rosa14.1.............................................................................................................BayPanama City AreaPensacola counties(all eightJefferson, Liberty, Madison, & Taylor29.5................................................son,Calhoun, Franklin, Gadsden, Jack24.3................................................................................ ..........Leon, WakullaTallahassee Area10.5.....................................................................................................Sarasota18.0........................................... ................................................................Pol15.9....................................................................................................Manatee15.3................. ............................................................................................Leecounties(all sevenHardee, Hernando, & Highlands17.1..................................................... ..otte, Citrus, Collier, DeSoto,Charl17.9................................................................Hillsborough, Pinellas, PascoPercentageSt. Petersburg AreaTampacontractor must document compliance with.l requirement which the firms. Solicitation of minority and women firms as subcontractors is a separate federaSupplemental Conditions. These are contractor workforce goals, not goals for subcontracting to minority and women B(2)(b) of the CDBG articipation portion of Section 7meeting the minority pe are the goals, by county, forThes Minority Participation GoalsAppendix 21 0051, FAC23.-73C 5201pril, A Construction Contractsfor CDBG Supplemental Conditions 66-Form SC Community Development Block Grant Program Department of Economic Opportunity Page 45 of 51 d not. per worker who should have received overtime but dient must assess liquidated damages of $10 per day If there are overtime violations, the local governm b) he amount received. the worker that the check was received, including trestitution check and a signed acknowledgment from $10, there must be a copy of the front of the wage mented in the project files. For back wages over Any corrective actions by a contractor must be docu a) ed to submit an enforcement report to FDEO. the contract period, the local government is requirs during y a cumulative total of more than $100 in back wage4. If a contractor/subcontractor is required to pa(s) involved. extent possible, shields the identity of the workerls must be resolved in a timely manner which, to thAny discrepancies between the interviews and payrol c) interviews cannot be performed. ble, but mail interviews may be conducted if on-sitOn-site interviews will be conducted whenever possi b) the contractor/subcontractor. een 15% and 20%) of each classification used by Interviews must cover a representative sample (betw a) the accuracy of the payrolls. contractor’s and subcontractors’ workers to verify s with the t or its representative will also conduct interview3. During project construction, the local governmendocumentation to support this. is 13% of the contract or subcontract price and there Construction is “incidental” if it does not exceed cidental” construction at the project site. materials or supplies which involves no or only “in (A supply contract furnishes only equipment, “Supply” contracts are also not subject to the DBA.c) should be indicated. n is not known, but the amount of the subcontract rates do not need to be reported if this informatio performed, and that they are the owner. Hourly hours worked on the project, the type of work being and must submit a payroll report reflecting the “Self-employed owners” are not exempt from the DBA b) they are subject to the DBA during that workweek. is spent performing supervisory tasks. Otherwise, ed at least 80% of their time during the work week The DBA does not apply to supervisory staff, provid a) $2,000. g on any project when the prime contract exceeds 2. The DBA applies to laborers and mechanics workin of the contractor and all subcontractors. DBA, CWHSSA, and Copeland Act by reviewing payrollsh the t or its representative will monitor compliance wit1. During project construction, the local governmen C. LOCAL GOVERNMENT MONITORING DURING CONSTRUCTION te possible under either wage decision. all workers are paid at least the highest hourly ra unless olls must reflect which wage decision is applicable3. If more than one wage decision is used, the payr is used. determines whether a separate wage decision NOTE: The actual bid cost, not the estimated cost, ost. not exceed 20% of the total “as bid” construction cory does equired if the value of work (as bid) in that categ2. A separate wage decision for a category is not rork required by the contract. appropriate category (or categories) based on the w DBA applies must contain the wage decision for theHighway work. Each construction contract to whichesidential, Building, Heavy, Water and Sewer, or 1. Under DBA, construction work is categorized as R B. WAGE DECISIONS is entitled. up any part of the compensation to which the workerg a worker, on a federally funded project, to give The Copeland Act prohibits any person from inducin b) ys. weekly, based on a workweek of seven consecutive dae for any hours worked in excess of 40 hours paid one and one-half times their normal hourly ratthe prime contract exceeds $100,000, workers be The CWHSSA requires that, for any project in which a) and the Copeland (Anti-Kickback). ontract Work Hours and Safety Standards Act (CWHSSA2. Additionally, contractors must comply with the C exempt from DBA. ntial property containing less than 8 units is In the CDBG program, only rehabilitation of reside d) performed under that contract is subject to DBA. portion of a contract requires DBA, then all work any If c) rce account) is not subject to DBA. Work done by a local government’s own employees (fo b) ision(s) applicable to that contract. wages and fringe benefits according to the wage decing on covered projects be paid minimum hourly The DBA requires that all workers or mechanics work a) authorizing legislation contains exceptions. ction contracts over $2,000, unless the programs 1. The Davis-Bacon Act (DBA) applies to all constru OVERVIEW A. DAVIS-BACON ACT (DBA) DETAILS Page 46 of 51 title, such as electrician, plumber, etc. working ed in a payroll time sheet. Title must also reflect9. Whenever owner works on site, it must be reflect decision(s) is applicable to which worker. classification, payrolls fail to reflect which wagenot paid the higher hourly rate possible for that 8. If two wage decisions are used, and workers are sed on value of work in each category. 7. Using one wage decision when two are required ba an hourly worker for regular and overtime purposes6. “Salaried” workers covered by DBA not treated ass. h classifications or not interviewing subcontractor5. Lack of interviews, including not covering enougother” deductions. 4. Lack of signed authorizations for workers with “3. Failure to obtain subcontractor payrolls. decision or is vague (“operator”). 2. Use of a classification which is not in the waged “helper” classifications. 1. Inappropriate use of “apprentice”, “trainee”, an E. TYPICAL LABOR STANDARDS MONITORING PROBLEMS ion at the project site. the wage decision is posted in a conspicuous locat•each worker; and istinguish which wage decision is being used for if more than one decision was used, the payrolls d• prime contractor and any subcontractors; interviews have been conducted with workers of the•ith “other” deductions; signed authorizations are on file for any worker w•in accordance with regulations for these titles; any helper/trainee/apprentice classifications are •approval; ion or have been conformed/added with FDEO/DOL all classifications are included in the wage decis•ing submitted and reviewed in a timely manner; payrolls, particularly from subcontractors, are be• the following areas: 2. During monitoring, special attention is given ton is between 60-80% complete. 1. The FDEO will typically monitor when constructio D. FDEO MONITORING Page 47 of 51 f they work on the project site.6. Owners are not exempt from the Davis-Bacon Act ichanging his work week in a way to avoid overtime. ve days. This is to preclude a contractor from 5. A contractor's work week must be seven consecutihourly in cash and $1 in fringe benefits.) s, employer is in compliance by paying $5 decision requires $6 per hour and no fringe benefitrate and fringe benefits. (Example: If a wage regardless of the distribution between cash hourly e total minimum amount in the wage decision, and any fringe benefits received equals at least th with the wage decision if the total of hourly rate4. A worker's pay is considered to be in compliancew the minimum in the wage decision. worker's pay (including any applicable fringe) belo if the deductions do not reduce the approval,” may still be made without USDOL approvalegulation (29 CFR 3) as “permissible with USDOL 3. Payroll deductions, beyond those listed in the rontractor. one year for all federally-funded projects by the ceduction is approved, the approval is good for usually given if 29 CFR 3 is met. Once a type of dally responds in just a few days and approval is 2. For deductions requiring DOL approval, DOL typicspecialized tools of a trade.) appropriate. But a “laborer” should not be using another classification, such as “laborer,” is more ification unless the contractor can show that most likely option is to use the full “trade” classr classification as “apprentice” or “trainee,” the classification. (If the worker does not qualify fother to submit a request for the “helper” needed to do this. A contractor should not even boations, apparently due to no funding for staff 1. The DOL will not consider any “helper” classific OTHER IMPORTANT DAVIS BACON DETAILS Page 48 of 51 any questions. consult with the Wage and Hour Division to resolve schedules (see Question 4 above), the owner should le se of the complexities in the application of multipconstruction items in the bid specifications. Becauious tractors which schedule shall be applied to the varIt is the responsibility of the owner to advise con project contain multiple wage schedules?eterminations applicable to a construction As the owner, what is my obligation when the wage d 4. contract. its which must be paid for the entire term of the establishes the minimum wage rates and fringe benefard ted into a bid solicitation and related contract awAs a general rule, the wage determination incorpora nged?for the area in which the project is located is charates affected when the wage determination Once construction has begun, are the workers’ wage 3. ge and Hour Division. may be obtained at no charge from offices of the Wae where it can be easily seen. The WH-1321 poster site of the work in a prominent and accessible plache times by the contractor and its subcontractors at tDavis-Bacon poster (WH-1321) must be posted at all assifications and wage rates conformed) and a The wage determination (including any additional cl entitled?do they know the prevailing wage to which they are roject is covered by the Davis-Bacon Act? How How do workers on a construction site know that a p 2. that the criteria for approval are complied with. ly. Every conformance request is analyzed to verifthe Wage and Hour Division must be contacted directeceived, es not constitute approval. If a response is not rwill be required. Failure to receive a response door inform the submitting agency that additional timThese responses either approve or deny the request responded to in writing within 30 days of receipt. All conformance notices submitted to USDOL will be for resolution of dispute. but shall be referred to the Wage and Hour Divisionproved met, the classification or wage rate may not be apIf the officer believes that these criteria are nottices or trainees. The request does not involve wage rates for appren-involved; and on and proposed wage rate among the parties There is evidence of agreement on the classificati- wage rates contained in the wage determination; andhe inge benefits, bears a reasonable relationship to t The proposed wage rate, including any bona fide fr-construction industry; and The classification is utilized in the area by the -wage determination; and uested is not performed by any classification in th The work to be performed by the classification req- only when the following criteria have been met:ts cation and the proposed wage rate and fringe benefidetermination. The owner will approve the classifi contract be classified in conformance with the wagdetermination and which is to be employed under theor mechanics which is not listed in the wage The owner shall require that any class of laborers owner.all interested parties and the recommendation of thDivision for resolution, together with the view of ur sts, the matter must be referred to the Wage and HoUSDOL Department had approved it. If a dispute exithe ditional classification action is not valid unless of Labor (USDOL) must approve of the action. An ad d the Wage and Hour Division of the U.S. Departmentemployees or their representative and the owner, an on. Such an action requires the concurrence of thefringe benefits conformable to the wage determinatiination, together with the proposed wage rates and laborers or mechanics not listed in the wage determn of the owner, the addition of any needed classificatioAfter contract award, a contractor shall submit to existing wage determination?sification and wage rate be added to an needed to complete construction. Can a worker class not contain a class of workers which is The wage determination applicable to my project doe 1. Common Questions Regarding Davis Bacon Page 49 of 51 541 are not covered by the Davis-Bacon Act. d under the Fair Labor Standards Act at 29 CFR Partadministrative, or professional employees as defineination. Employees who are bona fide executive, appropriate wage rates specified in the wage determanics for the time so spent and must be paid the to mechanic or laborer duties are laborers and mech than 20 percent of their time during a workweek mechanics. However, such employees who devote moreers or e or executive in nature rather than those of laborActs since their duties are primarily administrativ are not regulated under the Davis-Bacon and relatedThe wage rates for bona fide supervisory employees superintendents, etc.) employed on a covered projeces (foreman, general foremen, What wage rates must be paid to supervisory employe 7. classification of work they actually performed. s employed on the project performing the kind or the applicable wage rates for laborers and mechanic be paid skill, are employed on a covered project, they mustclassified as helpers regardless of their level of lassification. In the event employees, improperly classification has been approved as an additional c helper rticular helper classification or if the particularwage determination lists a prevailing wage for a paplicable pecified for a given craft classification if the apDavis-Bacon project at wage rates less than those srogram. Helpers can only be employed on a synonymous with “trainee” in an informal training pot he duties of the laborers, and 4) the “helper” is nclassification; 3) their duties are distinct from tan efined and distinct from the duties of the journeympractice; 2) the duties of the helper are clearly d prevailing re present: 1) the use of helpers is an establishedadditional classification unless certain criteria as an are not listed in wage determinations or approved aUnder existing regulations, helper classifications skill. submitted payrolls and regardless of their level of on the ardless of work classifications which may be listedclassification of work they actually performed, regor hanics employed on the project performing the kind paid the applicable wage rates for laborers and mecn permitted under the approved program, they must bat the job site in excess of the ratio to journeymetilized Regulations and the contract stipulations, or are ubeen properly registered within the meaning of the ot apprentices or trainees on a covered project have ndetermination. In the event employees reported as percentage of the journeyman rate on the wage programs in which they are enrolled, expressed as a trainees are those specified by the particular The proper wage rates to be paid to apprentices andnot covered by Davis-Bacon labor standards. are inees certified by the Secretary of Transportation by the Federal Aid Highway Act, apprentices and traunded s neither necessary nor appropriate. On projects fadditional classification procedure (conformance) i the classifications. Similarly, their addition throughthe wage determinations issued include apprenticed nor do s paid to apprentices and trainees is not solicitedAdministration. Note that information on wage rateams and which have been so certified by that meeting its standards for on-the-job training progrLabor, Employment and Training Administration, as been approved in advance by the U.S. Department of struction occupation under a program which has Trainees employed must be persons registered in conas an apprentice may work on such projects. ent y certified to be eligible for probationary employmregistered in the program, but who has been properl an apprenticeship program, who is not individuallyof probationary employment as an apprentice in suchdays ognized by the Bureau, or a person in the first 90 Training, or with a State Apprenticeship Agency recdministration, Bureau of Apprenticeship and U.S. Department of Labor, Employment and Training Abona fide apprenticeship program registered with thA person employed and individually registered in a Acts and what wage rates must they be paid?roject covered by the Davis-Bacon or related Can apprentices, trainees, and/or helpers work on p 6. description of the project and area practice. her with relevant information, including a completeto be referred to the Wage and Hour Division, togets are dules issued for the various construction categoriedisputes regarding the application of the wage sche of these guidelines to a particular project, or an14, 1978). Any questions regarding the application y Memoranda Nos. 130 (March 17, 1978) and 131 (Julyof proper wage schedules are set forth in All Agenclection oposed construction project. Guidelines for the seapplication to construction items contained in a pr of these construction categories may have wage determinations. Wage schedules for one or moressuing ng, Heavy, Highway or Residential for purposes of iprojects are generally classified as either, Buildi Construction pply to contract specifications?Is it possible for more than one wage schedule to a 5. Page 50 of 51 not an issue. ot work more than 40 hours in the week, overtime ispayroll being reviewed shows that an employee did n If the to submit payroll information from other projects. The local government cannot require the contractor employee on other projects? required to determine hours worked by an In monitoring for overtime, is the local government 11. another, based on the two-part test described aboveDavis-Bacon Act will apply to one contract but not the y have more than one contract. It is possible thatDavis-Bacon Act applies to contracts. A project ma The e use of “contract” and “project” interchangeably. only the term “contract.” Confusion arises from thons use Also, please note that the Davis-Bacon Act regulatiportion of the total contract cost is very small. am's mply with the Act's requirements even if that progrunder one program, then the entire contract must co be reviewed. If the Davis-Bacon Act is applicablethe Davis-Bacon Act under each federal program mustty of lves more than one federal program, the applicabiliprograms involved. If a construction contract invo n Act by the authorizing legislation of the federalthe contract work must be subject to the Davis-BacoSecond, t, not just that portion involving federal funds. exceed $2000. This amount is for the total contracst conditions are met. First, the contract amount muThe Davis-Bacon Act will apply to a contract if two construction contracts.n of the Davis-Bacon Act regulations to Please clarify the “in whole or in part” applicatio 10. ffice. office for possible further investigation by that oould contact the nearest Wage and Hour Division inappropriate based on work performed, the owner shpaid or that employee classification may be indicate that minimum rates possibly are not being h payroll records. If payroll records or interviewrate. Answers should be verified for agreement witrly ine type of work performed, classification, and housubcontractor should be conducted monthly to determ of the prime contractor and each on-site paid. Random private interviews of a few employeeseing he minimum wage rates for each classification are bPayroll records should be reviewed to verify that tsubmitted on a timely basis. are is posted at the job site and that payroll records The owner shall ensure that the wage determination with Davis-Bacon requirements?ing contractor and subcontractor compliance What is the responsibility of the owner for monitor 9. ractors submit payroll records. construction subcontract and to ensure that subcont copy of the Davis-Bacon wage determination in eachresponsibility of the prime contractor to include a the t as soon as practicable after each payroll. It ispayroll records for employees working on the projecheir uction work on the project shall submit copies of tEach contractor and subcontractor performing constr ubmit to the owner?What records shall contractors and subcontractors s 8. Housing and Urban Development (HUD)Page 51 of 51 Use the Certified Vendor Directory to find Florida certified minority, woman and veteran business enterprises. https://osd.dms.myflorida.com/directo ries Certified Vendor Directory -Office of Supplier Diversity Florida Department of Management Services neighborhoods. low income residents in connection with projects and activities in their -or very -contracting opportunities for lowovide job training, employment, and recipients of certain HUD financial assistance, to the greatest extent feasible, prsufficiency. The Section 3 program requires that -development, neighborhood economic improvement, and individual selfent (HUD) Act of 1968 that helps foster local economic Section 3 is a provision of the Housing and Urban Developm https://www.hud.gov/program_offices/field_policy_mgt/section3 Economic Opportunities -Section 3