2-Attachment 1 - Federal Requirements.pdf

ATTACHMENT 1

FEDERAL REQUIREMENTS

This Contract is federally funded and administered. As such, the following federal requirements apply to this project.

A. Buy American Act

The Contractor agrees that only domestic construction material will be used by the

Contractor, subcontractors, material men and suppliers in the performance of this Contract, except for foreign construction materials, if any, referenced in this Contract. Construction material, as used in this clause, means an article, material, or supply brought to the construction site for incorporation into the building or work. Construction material also includes an item brought to the site pre-assembled from articles, materials or supplies. Domestic construction material, as used in this clause, means (1) an un-manufactured construction material mined or produced in the United States, or (2) a construction material manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components.

B. Davis Bacon Act

1. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29

CFR Parts 1, 3, and 5 are herein incorporated by reference in this Contract.

2. All laborers and mechanics employed or working upon the site of the WORK will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any Contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section l(b)(2) of the Davis-

Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions or paragraph (d) of this clause also, regular contributions made or costs incurred for more than a weekly period (but not less than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such period. Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage determination for classification of work actually performed without regard to skill, except as provided in the clause entitled

"Apprentices" and "Trainees." Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (b) of this clause) and the Davis-Bacon poster (WH-l32l) shall be posted at all times by the Contractor and its subcontractors at the site of the WORK in a prominent and accessible place where it can be easily seen by the workers.

3. The Community shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the Contract shall be classified in conformance with the wage determination. The Community shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:

a. The work to be performed by the classification requested is not performed by a classification in the wage determination;

b. The Classification is utilized in the area by the construction industry; and

c. The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

4. If the Contractor and the laborers and mechanics to be employed in the classification

(if known), or their representatives, and the Community agree on the classification and wage rate

(including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the Community to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 202l0.

The Administrator or an approved authorized representative, will approve, modify, or disapprove every additional classification action within 30 calendar days of receipt and so advise the

Community or will notify the Community within a 30-day period of that additional time is necessary.

5. In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and the Community do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Community shall refer the questions, including the views of all interested parties and the recommendation of the Community, to the Administrator of the Wage and Hour

Division for determination. The Administrator or an authorized representative, will issue a determination within 30 days of receipt and so advise the Community or will notify the

Community within the 30-day period that additional time is necessary.

6. The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (b)(2) or (b)(3) of this clause, shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification.

7. Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

8. If the Contractor does not make payments to a trustee or other third person, the

Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program. Provided, that the Secretary of Labor has found, upon the written request of the Contractor, that applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the

Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

C. Contract Work Hours and Safety Standards Act - Overtime Compensation

1. No Contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics (See Federal Acquisition

Regulation 22.300) shall require or permit any such laborer or mechanic in any workweek in which individual is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

2. In the event of any violation of the provisions set forth in paragraph (a) of this clause, the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages.

In addition, such Contractor and subcontractor shall be liable to the Community, for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, employed in violation of the provisions set forth in paragraph (a) of this clause, in the sum of $l0 for each calendar day for which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the provisions set forth in paragraph (a) of this clause.

3. The Contracting officer shall upon his or her own action or written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such Contract or any other Contract with the same Prime Contractor, or any other Federally-assisted Contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same Prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the provisions set forth in paragraph (b) of this clause.

4. The Contractor or subcontractor shall maintain payrolls and basic payroll records during the course of Contract work and shall preserve them for a period of 3 years from the completion of the Contract for all laborers and mechanics working on the Contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Nothing in this paragraph shall require the duplication of records required to be maintained for construction work by Department of Labor regulations at 29 CFR

5.5(a)(3) implementing the Davis-Bacon Act.

5. The records to be maintained under paragraph (d)(1) of this clause shall be made available by the Contactor or subcontractor for inspection, copying, or transcription by authorized representatives of the Community or the Department of Labor. The Contractor or subcontractor shall permit such representatives to interview employees during working hours on the job.

6. The Contractor or subcontractor shall insert in any subcontracts the provisions set forth in paragraphs (a) through (d) of this clause and also a clause requiring the subcontractors to include these provisions any lower tier subcontracts. The Prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the provisions set forth in paragraphs (a) through (d) of this clause.

D. Apprentices and Trainees

1. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training

Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the Program but who has been certified by the Bureau of Apprenticeship and

Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeyman on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in this paragraph shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the

Contractor's or subcontractor’s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level of progress, expressed as percentage of the journeyman hourly rate specified in the applicable wage determination. Apprentices shall be paid fringes in accordance with the provisions of the apprenticeship program. If the apprenticeship programs do not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringe benefits shall be paid in accordance with that determination.

2. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship

Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the

Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

3. Except as provided in 29 CFR 5.l6, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination.

Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program.

If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour

Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employee and

Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

4. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order ll246, as amended, and 29 CFR Part 30.

E. Compliance With Copeland Act Requirements

The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this Contract.

F. Withholding Of Funds

The Community shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this Contract or any other Federal Contract with the same Prime Contractor, or any other

Federally-assisted Contract subject to Davis-Bacon prevailing wage requirement, which is held by the same Prime Contractor, so much of the accrued payment or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the

Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of WORK, all or part of the wages required by the Contract, the Community may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

G. Subcontracts (Labor Standards)

1. The Contractor or subcontractor shall insert in any subcontracts the clauses entitled

"Davis-Bacon Act", "Contract Work Hours and Safety Standards Act Overtime Compensation", "Apprentice and Trainees", "Payrolls and Basic Records", "Compliance With Copeland Act

Requirements", "Withholding of Funds", "Subcontracts (Labor Standards)", "Contract

Termination: Debarment", "Disputes Concerning Labor Standards", "Compliance with Davis-

Bacon and Related Act Requirements", and "Certification of Eligibility", and such other clauses as the Community may by appropriate instruction require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the Contract clauses cited in this paragraph.

2. Within 14 calendar days after of the Contract, the Contractor shall deliver to the

Community a completed Statement and Acknowledgment Form (SF-1413) for each subcontract, including the subcontractor’s signed and dated acknowledgement that the clauses set forth in paragraph 7(a) of this clause have been included in the subcontract.

3. Within 14 calendar days after the award of any subsequently awarded subcontract the

Contractor shall deliver to the Community an updated completed SF 1413 for such additional subcontract.

H. Contract Termination: Debarment

A breach of the Contract clauses entitled "Davis-Bacon Act", "Contract Work Hours and Safety Standards Act-Overtime Compensation", "Apprentices and Trainees", "Payrolls and

Basic Records", "Compliance with Copeland Act Requirements", Subcontracts", (Labor

Standards) "Compliance with Davis-Bacon and Related Act Requirements", and "Certification of

Eligibility" may be grounds for termination of the Contract, and for debarment as a Contractor and a subcontractor as provided in 29 CFR 5.12.

I. Disputes Concerning Labor Standards

The United States Department of Labor has set forth in 29 CFR Parts 5, 6, and 7 procedures for resolving disputes concerning labor standards requirements. Such disputes shall be resolved in accordance with the procedures and not the Disputes clause of this Contract.

Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the Community, the U.S. Department of Labor, or the employees or their representatives.

J. Certification of Eligibility

1. By entering into this Contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government assisted Contracts by virtue of section 3(a) of the Davis-Bacon Act or 29

CFR 5.12(a)(1).

2. No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government assisted Contract by virtue of Section 3(a) of the Davis-Bacon Act or 29

CFR 5.12(a)(1).

3. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18

U.S.C. 1001.