55-Doc 00 73 00 - 08 APPENDIX C Part 1 Contract Language Requirements.pdf

Contract Language Requirements

The requirements below may or may not pertain to your contract, based on contract amount and type. Please incorporate them as required.

Violation or Breach of Contract: Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

Termination for Cause and for Convenience: All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.

Rights to Inventions Made Under a Contract or Agreement: If the agreement with the contractor is for the performance of experimental, developmental, or research work, including any assignment, substitution of parties, or subcontract of any type entered into for such purpose, the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, �Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,� and any implementing regulations issued by the awarding agency.

Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33

U.S.C. 1251-1387), as amended: Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).

Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Procurement of Recovered Materials: A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

Civil Rights, Employment and Contracting Opportunities, and Other Federal

Requirements

Americans with Disabilities Act of 1990 (ADA): This Act modifies and expands the Rehabilitation Act of 1973 to prohibit discrimination against �a qualified individual with a disability� in employment and public accommodations. The ADA requires that an individual with a physical or mental impairment who is otherwise qualified to perform the essential functions of a job, with or without reasonable accommodation, be afforded equal employment opportunity in all phases of employment.

Architectural Barriers Act of 1968 (ABA) - (42 U.S.C. 4151-4157): This Act requires that certain buildings financed with Federal funds must be designed, constructed, or altered in accordance with standards that ensure accessibility for persons with physical disabilities. The ABA covers any building or facility financed in whole or in part with Federal funds, except privately owned residential structures. Covered buildings and facilities designed, constructed, or altered with CDBG funds are subject to the ABA and must comply with the Uniform Federal Accessibility Standards.

Disadvantaged Business Enterprises (DBE): It is the policy of HUD to encourage the award of prime contracts valued at $100,000 or more to small disadvantaged business (SDB) concerns (other than certified 8(a) firms) that are at least 51 percent owned and controlled by socially and economically disadvantaged individuals.

Fair Labor Standards Act (FLSA) [as amended] - 29 U.S.C. 201 et seq.: The U.S.

Department of Labor (DOL) administers and enforces the minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.

Immigration Reform and Control Act (IRCA) of 1986: Employers may hire only persons who may legally work in the U.S., i.e., citizens and nationals of the U.S. and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9).

Minority and Women-Owned Business Enterprises (MBE/WBE) � 24 CFR Part 85.36 (e)

(1): It is the policy of HUD to actively encourage contractors to take all necessary affirmative steps to assure that small and minority firms, Women�s business enterprise and labor surplus area firms as used as subcontractors when possible. A minority or women-owned small business concern is defined as owned by at least 51 percent minority group members or women.

Section 109 of Title 1 of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5301 et. seq., particularly 42 U.S.C. 6101 et. seq., and 29 U.S.C. 794):

This section provides that no person shall be excluded from participation (including employment), denied program benefits, or subject to discrimination on the basis of race, color, national origin, or sex under any program or activity funded in whole or in part under Title 1 of the Act.

Section 504 of the Rehabilitation Act of 1973, as amended (implemented at 24 CFR Part

135): It is unlawful to discriminate based on disability in federally assisted programs. This section provides that no otherwise qualified individual shall, solely by reason of his or her disability, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving Federal funding assistance.

Section 504 also contains design and construction accessibility provisions for multi-family dwellings developed or substantially rehabilitated for first occupancy on or after March 13, 1991.

Uniform Guidelines on Employee Selection Procedures adopted by the Equal Employment

Opportunity Commission in 1978: This manual applies to employee selection procedures in the areas of hiring, retention, promotions, transfer, demotions, dismissal, and referral. It is designed to assist employers, labor organizations, employment agencies, licensing and certification boards in complying with the requirements of Federal laws prohibiting discriminatory employment.

Vietnam Era Veterans� Readjustment Act of 1974 (revised Jobs for Veterans Act of 2002):

This Act was passed to ensure equal employment opportunity for qualified disabled veterans and veterans of the Vietnam War. Affirmative action is required in the hiring and promotion of veterans.

Requirement for Affirmative Action to Ensure Equal Employment Opportunity

(Executive Order 11246)

Federal affirmative action requirements for race and gender under Executive Order 11246 have been withdrawn effective April 21, 2025. While these specific obligations are no longer applicable, contractors remain responsible for meeting all other nondiscrimination obligations as required by law and HUD regulations.

Standard Federal Equal Employment Opportunity Construction Contract Specifications

While Executive Order 11246 has been rescinded, nondiscrimination requirements under the Equal Opportunity Clause remain in effect.

§ 60-4.3 Equal opportunity clauses.

(a) The equal opportunity clause published at 41 CFR 60-1.4(a) of this chapter is required to be included in, and is part of, all nonexempt Federal contracts and subcontracts, including construction contracts and subcontracts. The equal opportunity clause published at 41 CFR 60-1.4(b) is required to be included in, and is a part of, all nonexempt federally assisted construction contracts and subcontracts. In addition to the clauses described above, all Federal contracting officers, all applicants and all nonconstruction contractors, as applicable, shall include the specifications set forth in this section in all Federal and federally assisted construction contracts in excess of $10,000 to be performed in geographical areas designated by the Director pursuant to § 60-4.6 of this part and in construction subcontracts in excess of $10,000 necessary in whole or in part to the performance of nonconstruction Federal contracts and subcontracts covered under the Executive order.

Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive

Order 11246)

1. As used in these specifications:

a. �Covered area� means the geographical area described in the solicitation from which this contract resulted;

b. �Director� means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority;

c. �Employer identification number� means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941.

d. �Minority� includes:

myauger Strikethrough Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) Federal affirmative action requirements for race and gender under Executive Order 11246 have been withdrawn effective April 21, 2025. While these specific obligations are no longer applicable, contractors remain responsible for meeting all other nondiscrimination obligations as required by law and HUD regulations.

myauger Strikethrough Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246)

1. As used in these specifications:

a. �Covered area� means the geographical area described in the solicitation from which this contract resulted;

b. �Director� means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority;

c. �Employer identification number� means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U.S. Treasury Department Form 941.

d. �Minority� includes:

TITLE 49, CODE OF FEDERAL REGULATION, PART 29

DEBARMENT AND SUSPENSION CERTIFICATION

(see: http://www.sam.gov/portal/SAM/#1)

(To Be Executed by Bidder and Submitted with Bid)

The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any person associated therewith in the capacity of owner, partner, director, officer, manager:

o is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

o has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three years;

o does not have a proposed debarment pending; and o has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years;

If there are any exceptions to this certification, insert the exceptions in the following space:

Exceptions will not necessarily result in denial of award, but will be considered in determining bidder�s responsibility. For any exception noted above, indicate below to whom it applies, initialing agency, and dates of action.

No part of this contract shall be subcontracted to any person of firm ineligible to be awarded of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act, 29 CFR 5.12(a)(1) or 49

CFR 29.

The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

Signature Date

Type or Print Name and Title of Signer

NOTE: Each member of a Joint Venture must submit this form. Additionally, previous certifications under the present Joint Venture shall be submitted upon request.

NON COLLUSION AFFIDAVIT

, being first duly sworn, deposes and says that he or she is (Sole owner, a partner, president, etc.) of . The party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid or that anyone shall refrain from bidding;

that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Name of Authorized Official

Signature of Authorized Official

Company Name

Anti-Lobbying Amendment Certification

For all orders above the limit prescribed in 2 CFR 200 � Appendix II (currently $100,000), the Offeror must complete and sign the following:

The following certification and disclosure regarding payments to influence certain federal transactions are made per the provisions contained in 2 CFR 200 � Appendix II and 31 U.S.C.

1352, the �Byrd Anti‐Lobbying Amendment.�

(a) 2 CFR 200 � Appendix II, �Contract Provisions for Non-Federal Entity Contracts Under

Federal Awards� is hereby incorporated by reference into this certification

(b) The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that:

(1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement;

(2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the offeror shall complete and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and

(3) He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $150,000 shall certify and disclose accordingly.

(c) This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, title 31, United States Code. Any person making an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

Authorized Applicant Name (Print Full Name)

Authorized Applicant Signature Date

Certification of Bidder Regarding Non-Segregated Facilities

The bidder's attention is called to the clause entitled Equal Employment Opportunity of the General Conditions of the Contract for Construction.

"Segregated facilities," as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin because of habit, local custom, or otherwise.

By the submission of this bid, the bidder certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The bidder agrees that a breach of this certification is a violation of the Equal Employment Opportunity clause in the contract.

The bidder further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) prior to entering into subcontracts which exceed $10,000 and are not exempt from the requirements of the Equal Employment Opportunity clause, it will obtain identical certifications from the proposed subcontractors; retain the certifications in its files;

and forward the following notice to the proposed subcontractors (except if the proposed subcontractors have submitted identical certifications for specific time periods):

Notice to Prospective Subcontractors of Requirement for Certifications of Non-segregated Facilities A Certification of Non-segregated Facilities must be submitted before the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Employment Opportunity clause of the prime contract. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually).

User Acknowledgement and Certification:

I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate.

False Claims Act, 31 U.S.C. §§ 3729-3733

U.S. Department of Housing and Urban Development

False Claims Statement: U.S. Code, Title 31, Section 3729, False Claims, provides a civil penalty of not less than $5,000 and not more than $10,000, plus 3 times the amount of damages for any person who knowingly presents, or causes to be presented, a false or fraudulent claim; or who knowingly makes, or caused to be used, a false record or statement; or conspires to defraud the Government by getting a false or fraudulent claim allowed or paid.

HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802)

User Acknowledgement and Certification:

I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate.

Contractor�s Certification on Federal Contract Requirements

I hereby certify that I have reviewed the federal construction contract-related requirements imposed on the Contractor(s) of CDBG Grant Program-funded construction projects and fully understand all my obligations if the project is awarded to me.

Project Name:

Location:

Amount of Bid: $

Name of Bidder:

Street Address

City, State Zip Code

Authorized Applicant Signature

CONTRACTOR'S and SUBCONTRACTOR�S QUESTIONNAIRE

All Contractors and Subcontractor�s must complete and return this form to:

BUCKS COUNTY

DEPARTMENT OF HOUSING & COMMUNITY DEVELOPMENT

NESHAMINY MANOR CENTER

1260 ALMSHOUSE ROAD

DOYLESTOWN, PA 18901

Attach a separate copy of this questionnaire for each subcontractor.

1. Name, Address, Telephone, e-mail address, and Employer Identification

Number:

(Sole proprietors who do not have an EIN number, please provide Social-

Security number)

2. Project Name, Location and Contract Number:

3. Type of Work to be Undertaken:

4. Amount of Contract: $

5. Date of Award of Contract:

6. How Many Subcontractors will be Employed on this project:

7. Estimate Completion Date:

8. The below information is used by HUD to monitor and evaluate awarded contracts against the total program activity and the designated as mandated by the Small

Business Act (SBA). The Department requires the information to provide guidance and oversight of programs for the development of small business, minority firms, businesses owned by disadvantaged persons, and women-owned firms.

Are any of the Principal Owners of the Contracting Firm:

a) A Resident of Bucks County:

b) Female:

c) Section 3:

d) A Member of a Minority Group:

SECTION 3 DEFINITIONS

A Section 3 person is one that earns less than 80% of the region's median income. A

Section 3 business is 51 percent or more owned by low-income residents or is a business who employs Section 3 residents for at least 30 percent of its full-time, permanent staff;

or provides evidence of a commitment to subcontract to Section 3 business concerns, 25 percent or more of the dollar amount of the awarded contract. For purposes of the

CDBG program, household income is calculated to include income earned by each member of the household.

QUALIFYING AS A SECTION 3 BUSINESS

1. Is your business owned (51 % or more) by individuals whose household incomes are LESS THAN 80% of the Bucks County Median Income?

Yes: Complete Chart A Information for all owners of the business.

No

Owner�s Name Home Address Household Size Household Income Percent Ownership

2. Do 30% (or more) of your full-time, permanent employees have household incomes that are LESS THAN 80% of the Bucks County Median Income?

Yes: Complete Chart B information on employees qualifying as Section 3.

Employee Name Home Address Household Size Household Income Date of Hire

3. Will your business sub-contract more than 25% of this contract with any business that has any of the characteristics noted in Questions 1 or 2?

Yes: Complete Chart C contracts with Section 3 qualifying businesses.

Section 3

SubContractor

Sub-Contractor

Business Address

Contact Person Percent of Contract awarded to Sub-Contractor

By signing below, I certify all information in this form is true and correct to the best of my knowledge.

Authorized Representative Signature and Title

CODE OF FEDERAL REGULATIONS

Title 24 - Housing and Urban Development

Volume: 3 Date: 2010-04-01 Original Date: 2010-04-01 Context: Title 24 - Housing and Urban Development. Subtitle B - Regulations Relating to Housing and Urban Development

CHAPTER V - OFFICE OF ASSISTANT SECRETARY FOR COMMUNITY PLANNING

AND DEVELOPMENT, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.

SUBCHAPTER C - COMMUNITY FACILITIES.

PART 570 - COMMUNITY DEVELOPMENT BLOCK GRANTS. Subpart K - Other Program Requirements.

§ 570.603 Labor standards.

(a) Section 110(a) of the Act contains labor standards that apply to non-volunteer labor financed in whole or in part with assistance received under the Act. In accordance with section 110(a) of the Act, the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) also applies.

However, these requirements apply to the rehabilitation of residential property only if such property contains not less than 8 units.(b) The regulations in 24 CFR part 70 apply to the use of volunteers.

[61 FR 11477, Mar. 20, 1996]

§ 570.609 Use of debarred, suspended or ineligible contractors or subrecipients.

The requirements set forth in 24 CFR part 5 apply to this program.

[61 FR 5209, Feb. 9, 1996]

TITLE 18, U.S.C.

Sec. 874. Kickbacks from public works employees

Whoever, by force, intimidation, or threat of procuring dismissal from employment, or by any other manner whatsoever induces any person employed in the construction, prosecution, completion or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he is entitled under his contract of employment, shall be fined under this title or imprisoned not more than five years, or both.

[18 U.S.C. 874 (June 25, 1948, ch. 645, Sec. 1, 62 Stat. 740 and 862, eff. Sept. 1, 1948) replaced the former sec. 1 of the Copeland Act of June 13, 1934 (48 Stat. 948). Prior to 1948, Section 1 of the Copeland Act was codified as 40 U.S.C. 276b. P.L 103-322, (Sept. 13, 1994, 108 Stat. 2147), substituted �fined under this title� for �fined not more than $5,000�.]

TITLE 40, U.S.C.

Sec. 3145. Regulations governing contractors and subcontractors

(a) In General.�The Secretary of Labor shall prescribe reasonable regulations for contractors and subcontractors engaged in constructing, carrying out, completing, or repairing public buildings, public works, or buildings or works that at least partly are financed by a loan or grant from the Federal Government. The regulations shall include a provision that each contractor and subcontractor each week must furnish a statement on the wages paid each employee during the prior week.

(b) Application.�Section 1001 of title 18 applies to the statements.

[Section 2 of the original Act of June 13, 1934, as amended prior to 2002, and codified as 40 U.S.C. 276c , was repealed, revised and codified as 40 U.S.C. 3145 by P.L. 107-217 (Aug. 21, 2002, 116 Stat. 1152, 1304,1309, 1313, 1315).]

Davis-Bacon and Related Acts (DBRA) Policies Acknowledgement Form

This Acknowledgement form describes policies that must be followed when undertaking construction projects funded with Community Development Block Grant (CDBG) and/or HOME Investment Partnerships (HOME) Program funds to ensure compliance with the labor laws and requirements. Under the DOL regulations, the prime or general contractor and the Sub-recipient are responsible for full compliance with applicable requirements, including all subcontractors on the project. The Bucks County Department of Housing and Community Development (HCD), as the CDBG or HOME grantee, is responsible for the administration and enforcement of the requirements to ensure compliance.

Please review, initial and sign the following policies in acknowledgment:

I acknowledge that I am required to maintain documentation that demonstrates compliance with Davis-Bacon prevailing wage requirements during the course of the project work and for a period of five years thereafter. I affirm that I shall make the records available to the County for review upon request. Such documentation includes completed weekly payroll reports for all contractor employees working on the covered job, this includes prime/general contractor for its employees and those of the subcontractor(s) if applicable.

I understand that the payrolls should be reviewed by the prime/general contractor to ensure that there are no discrepancies or underpayments as per the applicable wage determination. I recognize that the HUD payroll form (WH-347) or alternative payroll documentation that includes the same elements to determine compliance with applicable regulations is required to be submitted. I further acknowledge that physical and original signed certified payrolls must be mailed to HCD in a timely manner.

I acknowledge that all submitted certified payrolls must include proper designation of trade and classification in accordance with the wage decision applicable to the project for each worker based on the actual type of work he/she performed on the project.

I recognize that if the wage determination applicable to the project is missing a wage rate needed for a specific job classification, HCD must be notified in writing with an attached job description. HCD will submit a conformance request for the proposed additional classification and wage rate by the Department of Labor (DOL).

I also understand that if apprentices or trainees are employed, the prime/general contractor must provide HCD with a copy of the employee(s) registration in an approved program demonstrating ratio and wage schedule with the first payroll on which an apprentice or trainee appears. I further acknowledge that if any apprentice or trainee that is not registered in an approved program must receive the journeyman's wage rate for the classification of work they performed.

I also acknowledge that a Statement of Compliance must be completed and signed by an authorized representative of the company with all submitted payroll forms. This statement shall be executed by the Owner, Principal, or President of the Firm/Company. The Statement of Compliance may only be signed by an authorized employee if the

�Certificate from Contractor Appointing Officer or Employee to Supervise Payment of Employees� form or a letter authorizing such a delegation is submitted to HCD.

I understand that if a portion of prevailing wages is in the form of employer contributions to a benefits plan, verification of such contributions may be requested via an account statement from the benefits plan(s) administrator. I recognize that acceptable types of fringe benefits plans include: health insurance, life insurance, disability insurance, dental insurance, tuition assistance, retirement plans, apprenticeship costs, sick leave, and paid vacation days. Employee contributions to benefits plan should not be included in the fringe benefit calculation. If contributions are completed through a union, such rates must be evidenced by the prospective union collective bargaining agreement.

I further recognize that deductions required by law such as FICA, worker�s compensation, and unemployment benefits do not qualify as fringe benefits.

I understand that payroll deductions which do not require approval, are permitted by DOL Regulations 29 CFR Part 3 and include employee obligations for income taxes, Social Security payments, insurance premiums, retirement, savings accounts, payments on judgments and other financial obligations legally imposed against the employee, and any other legally-permissible deduction authorized by the employee. �Other/miscellaneous� deductions should be identified. Any voluntary deduction (that is, not required by law or by an order of a proper authority) must be authorized in writing by the employee or provided for in a collective bargaining (union) agreement. The employee authorization form should accompany the first payroll on which the other deduction appears.

Signature Date

Name Printed, Title Company

Certificate from Contractor Appointing Officer or Employee to Supervise Payment of

Employees

Project Name: Date:

Location: Project No.:

In accordance with 29 CFR 3.3(b), each contractor and subcontractor shall furnish a weekly statement with respect to the wages paid to each of its employees engaged on work covered by the above mentioned project. This statement shall be executed by the Owner, Principal, or President of the Firm/Company or by an authorized officer or employee of the contractor or subcontractor who supervises the payment of wages, and shall certify, and sign the back of Form WH 347 or on any form with identical wording; as set forth below.

I/We (Name of Firm/ Corporation) hereby certify that I am/we are the prime contractor/subcontractor for:

(Project Name/Location) in, and that I/We have appointed:

(Authorized Officer/Employee Name), (Authorized Officer/Employee Title) whose signature appears below, to supervise the payment of my/our employees beginning , 20 , that he/she is in a position to have full knowledge of the facts set forth in the payroll documents and in the settlement of compliance required by the so-called Kick-Back Statute which he/she is to execute with my/our full authority and approval until such time as I/We submit to the Bucks County Department of

Housing & Community Development a new certificate appointing some other person for the purposes hereinabove stated.

Identifying Signature of Appointee

Printed Name of Appointee

Witness:

Owner/President/Principal -Signature Signature

Title Title

Note: This certificate must be executed by an authorized officer of a corporation or by a member of a partnership, and shall be executed prior to and be submitted with the first payroll. Should the appointee be changed, a new certificate must accompany the first payroll for which the new appointee executes a statement of compliance required by the Kick-Back Statute.

Fringe Benefit Statement

COMPANY INFORMATION

Company Name Date

Street Address Suite/Unit #

City State Zip

License Number Issuing

State(s)

Classification Expiration

CONTRACT INFORMATION

Project Name/Number Contract Number

In order that the proper Fringe Benefit rates can be verified for checking payrolls in relation to the wage determination as set forth for the above project, the hourly rates for Fringe Benefits made for employees on the various classes of work are tabulated below. THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE FIRST CERTIFIED PAYROLL, OR WHEN THERE HAVE BEEN ANY CHANGES.

CLASSIFICATION FRINGE BENEFIT HOURLY AMOUNT NAME AND ADDRESS OF PLAN, FUND OR PROGRAM

Effective Date

Vacation

Health & Welfare

Pension

Apprentice/ Training

Other $

CLASSIFICATION FRINGE BENEFIT HOURLY AMOUNT NAME AND ADDRESS OF PLAN, FUND OR PROGRAM

Effective Date

Vacation

Health & Welfare

Pension

Apprentice/ Training

Other

Page of

SIGNATURE

I hereby certify that fringe benefits are paid to the approved Plans, Funds, or Programs as listed above.

Print Name Title/Position

Authorized Signature Date

Payroll Deduction Authorization Form

Contractor/Employer Name:

Project Site:

Employee Certification:

I, hereby authorize (employee name) (contractor name) to deduct from my wages the appropriate dollar amount of voluntarily purchased benefits and/ or other payments for which I am responsible as indicated below.

This deduction pays for: (Mark all appropriate types and specify amounts or rates accordingly)

Loan Repayment Retirement Profit Sharing Advance

Uniforms 401K Tools Materials

Charitable Donations Insurance Premiums Savings Bonds Union Dues

Employee Garnishments (Domestic Relations, taxes, etc.)

Other:

When does this deduction happen? (Mark all appropriate times)

One time only Weekly Monthly times for weeks

Has anyone threatened, forced, or coerced you into giving up any part of your pay? Yes No

Employee's Name:

Employee's Signature: Date:

Employer Certification:

I, hereby certify that the above deductions are made as (Project Owner/ Contractor) requested by the above captioned employee.

Employer�s Name:

Employer's Signature: Date:

Davis Bacon Requirement

Posting the Wage Determination and Notice to Employees

The Contractor is required to display on the job site a copy of the applicable Davis-Bacon wage decision and the form WH-1321. Notice to Employees.

The purpose of this posting is to provide information to the construction laborers and mechanics working on the project about their entitlement to the prevailing wage rate for their trade and to inform them of who to contact (the contract administrator) if they have any questions or want to file a complaint. The Department of Housing and Urban Development (HUD) also has prepared a pamphlet explaining the rights of workers to be paid prevailing wages in which you may make available to laborers and mechanics on the job site or through mailings.

The wage decision and form WH-1321 must be posted in a location readily accessible to all employees, i.e., not inside a construction trailer or vehicle.

LABOR STANDARDS COMPLIANCE REQUIREMENTS

Date: December 2, 1996 (Rev 1) Letter No. LR-96-01

Subject: Labor standards compliance requirements for self-employe laborers and mechanics

(aka Working Subcontractors)

I. HUD policy on prevailing wage applicability.

II. Compliance and certification parameters.

III. Owners of businesses working with their crews.

IV. Owner-Operators of power equipment.

V. Truck drivers.

The Federal prevailing wage requirements and compliance standards for self-employed laborers and mechanics (also referred to as "working subcontractors") have long been a confusing and contentious area for the Department of

Labor (DOL), HUD, the Internal Revenue Service and contractors and subcontractors.

The following policy represents an effort to provide practical guidance for field application. The guidance more specifically concerns the wage certification requirements for self-employed mechanics and laborers on projects subject to Federal labor standards provisions including Davis-Bacon and HUD-determined maintenance and nonroutine maintenance prevailing wage rate determinations. This policy does not attempt to establish whether working subcontractors are subject to Federal labor standards nor whether such working subcontractors are bona fide. The clear meaning of statutory provisions and regulatory definitions does not require further examination of applicability. Additionally, statutory and regulatory language are clear that the question of whether certain self-employed laborers and mechanics are bona fide subcontractors is not germane to the issue of prevailing wage standard applicability.

I. HUD policy on prevailing wage applicability.

The Davis-Bacon Act (DBA), HUD program Related Acts (DBRA) concerning the payment of prevailing wages as determined by the Secretary of Labor, and the U.S. Housing Act of 1937 concerning the payment of prevailing wage rates established by HUD provide that the wage protections afforded in these statutes apply to laborers and mechanics employed on the covered work. The DBA and DBRA implementing regulations (29 CFR Part 5) specifically stipulate that these protections are provided regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Additionally, all laborers and mechanics must be paid unconditionally and not less often than once per week. HUD has followed DBA/DBRA prevailing wage parameters in its implementation, administration and enforcement of HUD-determined maintenance and nonroutine maintenance prevailing wage standards. (NOTE: The requirement to pay weekly wages is not applicable to the payment of prevailing routine maintenance wage rates related to laborers and mechanics engaged in the operation of PHA and IHA housing developments.)

Therefore, it is HUD policy that in all cases where laborers and mechanics are employed on Federal prevailing wage-covered construction, maintenance and nonroutine maintenance work, laborers and mechanics shall be entitled to compensation (in the case of Davis-Bacon wages, weekly compensation) at wage rates not less than the prevailing rate for the type of work they perform regardless of any contractual relationship alleged to exist between a contractor or subcontractor and such laborers or mechanics.

The above policy statement is not a departure from previous HUD directives. The guidance presented below establishes uniform HUD-assisted program contract administration and enforcement parameters for labor standards compliance and prevailing wage certification.

II. Compliance and certification parameters.

HUD policy clearly affords prevailing wage protection for all laborers and mechanics, regardless of contractual relationship. There is no exception to this protection for self-employed laborers or mechanics, including owners of businesses, sole-proprietors, partners, corporate officers, or others. This policy in no way precludes or limits any business or individual from participating in HUD-assisted construction, maintenance, or nonroutine maintenance work. The issue is not one of eligibility, whether such persons are permitted to work on HUD-assisted projects, but of compliance standards - what HUD will accept from contractors and subcontractors to demonstrate that proper compliance has been achieved.

In this context, this Letter establishes a HUD administrative policy that laborers and mechanics may not certify to the payment of their own prevailing wages EXCEPT where the laborer or mechanic is the owner of a business working on the site of the work with his/her own crew. (This exception is described in detail in Paragraph III.

Owner-operators of power equipment are discussed in Paragraph IV; Truck drivers are discussed in Paragraph V.)

The most frequent occurrence of self-employed workers on HUD-assisted projects involves mechanic/trade classifications (i.e., not laborer classifications). (For ease of reference, laborers and mechanics in this context are referred to as "mechanics" and include any case involving laborers.) These mechanics may be represented as sole-proprietors, self-employed mechanics, partners, or corporate officers - all with no direct employees engaged in the covered work.

Accordingly, HUD, and program participants responsible for labor standards administration and enforcement (e.g., PHAs, IHAs, CDBG recipients), may not accept certified payrolls reporting single or multiple owners (e.g., partners) certifying that they have paid to themselves the prevailing wage for their craft. For example, a sole-proprietor may not submit a payroll reporting himself or herself as simply "Owner" signing the certification as to his/her own wage payment from "draws" or other payment methods. Neither may several mechanics submit a payroll reporting themselves as "partners" with one or more certifying as to the payment of their wages or salaries.

Such mechanics must instead be carried on the certified payroll of the contractor or subcontractor (the "responsible employer") for whom they are working and with whom they have executed a "contract" for services.

In these cases, maintenance of an accurate accounting of weekly work hours including any overtime hours for such mechanics is essential. Whatever method of compensation computation is utilized (piecework, weekly contract draw for performance), the amount of weekly compensation divided by the actual hours of work performed for that week must result in an "effective" hourly wage rate for that week that is not less than the prevailing hourly rate for the type of work involved. This computation must take into account overtime pay rates (i.e., one and one half) for all hours worked in excess of 40 hours per week, pursuant to the Contract Work Hours and Safety Standards Act

(CWHSSA), where applicable, and pursuant to the Fair Labor Standards Act where CWHSSA is not applicable.

The name, work classification, actual hours of work, effective hourly wage rate, and wage payment for each such mechanic must be reported and certified on the responsible employer's weekly payroll. Note that the effective hourly wage rate for such mechanics may fluctuate from week to week. However, the effective hourly wage rate may not be less than the minimum prevailing rate for the respective craft. In any case where the effective rate falls below the corresponding craft prevailing wage rate, the responsible employer must compensate the mechanic at no less than the prevailing rate on the wage determination for that craft.

III. Owners of businesses working with their crew.

Owners of businesses working with their crew on the same HUD-assisted job site may certify to the payment of their own prevailing wages in conjunction with the prevailing wages paid to their employees. This exception to reporting standards does not suggest that such owners are not likewise entitled to prevailing wages for their labor. Rather, it accepts the wage payment certification on weekly payroll reports by the owner for his/her own wages as that certification accompanies the certification offered for the payment of prevailing wages to his/her employees. Such owners need only list their name, work classification including "owner," and the daily and total hours worked. (Such owners do not need to list a rate of pay or amounts earned.)

IV. Owner-operators of power equipment.

Frequently, owner-operators of power equipment (e.g., backhoes, front-end loaders) will contract for services at a rate for both "man and machine." In these cases, the owner-operator includes liability, equipment maintenance, and salary in an hourly or contract rate for services. Because of the prevalence of such practice and the inherent difficulty in ascribing costs for liability and maintenance costs versus hourly labor salary, HUD and its program clients may accept a combined ("man and machine") hourly rate on the responsible contractor's certified payroll provided that such hourly rate may not be less than the rate on the wage determination for the respective power equipment operator.

Note: Owner-operators of power equipment, like self-employed mechanics, may not submit their own payrolls certifying to the payment of their own wages BUT must be carried on the responsible contractor's certified payroll report.

V. Truck drivers.

As outlined earlier in this Letter, a DOL administrative policy excludes bona fide owner-operators of trucks who are independent contractors from DBRA/CWHSSA provisions concerning their own hours of work and rate(s) of pay.

These truck "owner-operators" must be reported on weekly payrolls but the payrolls do not need to show the hours worked or rates - only the notation "Owner-operator." Note that any laborers or mechanics, including truck drivers, employed by the owner-operator/independent contractor are subject to DBRA/CWHSSA provisions in the usual manner.

This policy does not pertain to owner-operators of other equipment such as backhoes, bulldozers, cranes and scrapers (i.e., power equipment as noted in paragraph IV, above).

These compliance standards shall take effect immediately. Any exceptions to these standards must be approved in advance in writing by HUD Headquarters Office of Labor Relations.

Any questions concerning this Letter may be directed to the Office of Labor Relations at (202)708-0370 or, in the case of HUD program participants, to the HUD Field Labor Relations Staff with jurisdiction for your area.

Instructions For Completing Davis-Bacon and Related Acts Weekly Certified Payroll Form, WH-347

WH-347 (PDF)

OMB Control No. 1235-0008, Expires 01/31/2028.

General: Form WH-347 is available for the convenience of contractors and subcontractors to submit certified weekly payrolls in connection with their Federal or federally assisted construction contracts and subcontracts. Properly completed, this form will satisfy the requirements of the regulations in parts 3 and 5 of Title 29 of the Code of Federal Regulations (CFR) as to certified payrolls submitted in connection with contracts subject to the Davis-Bacon and Related Acts (DBRA).

While use of Form WH-347 itself is optional, covered contractors and subcontractors performing work on Federal or federally assisted construction contracts are required by the DBRA regulations and the contract clauses to submit payroll information on a weekly basis.

The Copeland Act (40 U.S.C. § 3145) requires contractors and subcontractors performing work on Federal or federally financed construction contracts to, on a weekly basis, �furnish a statement on the wages paid each employee during the prior week.� U.S.

Department of Labor (DOL) Regulations at 29 CFR 5.5(a)(3)(ii) require contractors and subcontractors to submit weekly certified payrolls to the appropriate Federal agency if the agency is a party to the contract (or, if the Federal agency is not party to the contract, to the applicant, sponsor, owner, or other entity, as the case may be, that maintains such records, for transmission to the Federal agency that provided the Federal assistance). Each certified payroll must be accompanied by a signed �Statement of Compliance� (e.g., page 2 of the WH-347 or another document with identical wording) indicating that the certified payrolls are accurate and complete, and that each laborer or mechanic has been paid not less than the required Davis-Bacon prevailing wage rate(s) (including any fringe benefits) for the work performed. DOL and contracting agencies receiving this information review the information to help determine whether workers have received legally required wages and fringe benefits.

Under the DBRA, contractors and subcontractors are required to pay not less than the prevailing wage, including fringe benefits, as predetermined by DOL. The contractor�s obligation to pay fringe benefits may be met through the contractor�s contributions to or reasonably anticipated costs of bona fide benefit plans, funds, or programs, or by paying workers cash in lieu of fringe benefits.

Form WH-347 provides fields for contractors and subcontractors to document all wages paid to each worker, whether paid entirely as cash wages or by a combination of cash wages and employer-provided bona fide fringe benefits, and provides for the contractor or subcontractor�s certification in the Statement of Compliance (as shown on page 2 of Form WH-347) that the data and payroll information on the form are accurate and complete. The Statement of Compliance also provides for the representation that the contractor or subcontractor is paying its workers, including registered apprentices, at least the required wage rates, satisfying its fringe benefits obligations, and maintaining required payroll records.

Detailed instructions for completing the first page of Form WH-347 follow:

�Check Box� for Submission of Final DBRA Certified Payroll Form: Mark the box to indicate that this submission is for the final week…