CDBG_REQUIREMENTS.pdf

FEDERAL CONTRACT REQUIREMENTS

This project is being funded in whole or in part by the Town of Manchester using Federal funds from the U. S. Department of Housing and Urban Development under the Community Development Block Grant Program. The following federal contract requirements must be complied with by the contractor and all sub-contractors in connection with the performance of work under this contract.

This notice is intended to summarize the HUD specific requirements for this project. Detailed federal contracting requirements are located online at the HUD website (www.hud.gov). This summary does not relieve the Contractor from compliance with any federal contracting requirements.

1. Davis Bacon Act

This Contractor shall comply with the federal Davis-Bacon Act regarding the payment of federal prevailing wage rates and certified payroll. See Appendix “A” for Federal Prevailing Wage Rates to be utilized for this project. The bid opening date “locks-in” the wage rate for the project provided the contract is awarded within 90 days. If the contract is awarded more than 90 days after the bid opening, the contract award date “locks-in” the wage decision. More information may be found at: www.sam.gov and https://www.dol.gov/whd/govcontracts/dbra.htm

A copy of the “Employee Rights under the Davis-Bacon Act” poster included in this Contract must be posted in a location that is visible and accessible to employees on the job site. A copy of the applicable wage decision for this project should also be posted in the same location.

2. Certified Payroll Forms

The contractor and each subcontractor must submit a completed federal payroll form for each week of work on the project. Please note the following:

1. Weekly certified federal payroll forms (Form WH-347) for the contractor and each subcontractor must be submitted to the Manchester Planning Department at the same time that requests for payment are submitted. Payment requests submitted without certified payrolls will not be accepted for processing.

2. A computer-generated version of the federal payroll form is acceptable provided that all information required by the federal government is included.

3. Each form, whether computer-generated or not, must be signed by the company owner.

4. Submit only the originals of all signed payroll forms. Copies will not be accepted.

5. Certified payrolls must be submitted only when time is actually spent on the project. If the contractor or subcontractor is not working on the project during a particular week, certified payrolls are not required.

6. Only the time actually spent on the project must be entered on the payroll forms. It is not necessary to enter the employee’s entire workweek if s/he also worked on another project unless it is easier to include the entire workweek. Please be sure to differentiate between times spent on the project as opposed to hours worked elsewhere.

7. The classification for each employee must be specific in order to determine that the appropriate wage is being paid. For example, avoid entering “equipment operator”. The exact equipment operated must me entered instead. Another common error is the misuse of the laborer classification. Everyone who digs, rakes or moves material is not automatically a laborer. For example, an employee who rakes asphalt is an asphalt raker and is to be paid at a different rate from that of a laborer. Please be sure to consult the appropriate general wage decision for the proper classification.

8. Different rates must be paid to employees who work in more than one classification. For example, if an employee works four hours as a laborer and four hours as a backhoe operator, s/he must be paid accordingly as reflected on the certified payroll.

9. A certificate from the Connecticut Department of Labor or union must be provided for each apprentice on the job showing the rate to be paid. It is not acceptable to simply write “apprentice” next to and employee’s name and pay that employee less than the journeyman’s prevailing rate.

10. It is permissible to take a credit against the hourly rate for benefits if the contractor or subcontractor provides benefits to the employee. However, an explanation must be provided to show how the credit is derived. For each employee, provide the exact benefit for which the credit is being taken and the hourly value of that benefit. This needs to be done only once by the contractor and each subcontractor. Please ensure that the hourly rate, cash paid in lieu of benefits and credit taken for benefits equals the rate in the relevant wage decision.

11. The Davis Bacon Act and related acts stipulate that prevailing wages must be paid on covered projects regardless of the contractual relationship alleged to exist between a contractor or subcontractor and laborers and mechanics. There is no exception to the protection for self-employed laborers or mechanics, including owners of businesses, sole proprietors, partners, or others. The prevailing wage requirement can be met in either of two ways:

(i) The value of the contract between the mechanic or laborer and the subcontractor or general contractor must be equivalent to the prevailing wage when divided by the number of hours worked on the project; OR

(ii) The prevailing wage and benefit rate can be paid directly as it is with other employees.

Those who are self-employed, sole proprietorships, partners, etc., cannot certify that they have paid themselves the prevailing wage for their craft. The only exception is an owner who works on the project with his/her own crew. All others must be carried on the certified payroll of the contractor or subcontractor for whom they are working and with whom they have executed a contract for services.

3. Federal Labor Standards

The Bidder is advised of the requirement under this Contract for compliance with the Federal Labor Standards Provisions including the "Anti-Kickback Act" and Labor Standards for Ratios of Apprentices and Trainees to Journeymen.

4. Debarment List

No Contractor currently on the Federal Government’s “List of Current Exclusions” (debarment list) or on HUD’s “Limited Denial of Participation” list may be awarded any part of this contract.

For more information, visit https://www.hud.gov/program_offices/enforcement/susdebar

5. Conflict of Interest

The Contractor agrees to abide by the provisions of 24 CFR 570.611 with respect to conflicts of interest, and covenants that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement. The Contractor further covenants that in the performance of this Agreement no person having such a financial interest shall be employed or retained by the Contractor hereunder. These conflict of interest provisions apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the Grantee, or of any designated public agencies or Contractors which are receiving funds under the CDBG Entitlement program.

6. Inspection and Retainage of Records

The Contractor shall allow for access by the Owner, the U. S. Department of Housing and Urban Development, the Comptroller General or any of their duly authorized representatives to any books, documents, papers, correspondence, construction drawings, receipts, vouchers, payrolls, and agreements with subcontractors which are duly pertinent to the Contract for the purpose of making audits, examinations, excerpts and transcripts. The Contractor shall preserve all such records for a period of three (3) years after the final payment hereunder.

7. Equal Employment Opportunity

Contractors must comply with Executive Order 11246 of September 24, 1965 entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967 and as supplemented in Department of Labor Regulation (41 CFR Part 60).

8. Project Sign

The contractor will provide and install a sign at the site to indicate that the project is supported with funds provided by the U.S. Department of Housing and Urban Development through the Town of Manchester’s Community Development Block Grant Program. The sign shall meet the requirements set forth in the contract documents.

9. Lobbying

a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Contractor, to any person for influencing an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress 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;

b) If any funds other than 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 in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and

c) The Contractor will require that the language of this paragraph be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all contracts shall certify and disclose accordingly.

d) This certification is a material representation of Fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, US Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

10. Section 3 Compliance

Compliance with Section 3 is required for all contracts and subcontracts in excess of $200,000.

Contractors and subcontractors that receive HUD assistance below the $200,000 threshold are still encouraged to provide, to the greatest extent feasible, training, employment, and contracting opportunities generated by the expenditure of this assistance to low- and moderate-income persons, and business concerns owned by low- and moderate-income persons, or which employ low- and moderate-income persons. For more information on HUD Section 3 requirements, visit https://www.hud.gov/section3

11. Clean Air & Clean Water

Contractors must comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738 and Environmental Protection Agency regulations (40 CFR Part 15).

12. Compliance with Federal Regulations

The contractor and subcontractors agree to comply fully with the following legal provisions.

Title VI of the Civil Rights Act of 1964, as amended, and implementing regulations at 29 CFR part 31, which prohibits discrimination and requires provision of equal opportunity on the basis of race, color, or national origin (including language access for limited English proficient persons).

Section 504 of the Rehabilitation Act of 1973, as amended (including amendments made by the Americans with Disabilities Act of 2008 [ADAAA]), and DOL’s implementing regulations at 29 CFR part 32, which prohibits discrimination and require provision of equal opportunity on the basis of disability.

Title IX of the Education Amendments of 1972, as amended, and implementing regulations at 29 CFR part 36, which prohibit discrimination and require provision of equal opportunity on the basis of sex in education and training programs.

Age Discrimination Act of 1975, as amended, and implementing regulations at 29 CFR part 35, which prohibit discrimination and require provisions of equal opportunity on the basis of age, but permit certain distinctions based on or related to age.

Other civil rights laws are applicable and include, but are not limited to:

− Title VIII of the Civil Rights Act of 1968, as amended − Section 104 (b) and Section 109 of Title I of the Housing and Community Development

Act of 1974 as amended − Title II of the Genetic Information Nondiscrimination Act of 2008 − The Americans with Disabilities Act (prohibiting disability discrimination in employment and in services provided by State and local governments, businesses, and non-profit agencies)

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U.S. Department of Labor PAYROLL (For Contractor's Optional Use; See Instructions at www.dol.gov/whd/forms/wh347instr.htm) Wage and Hour Division

Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.

NAME OF CONTRACTOR OR SUBCONTRACTOR ADDRESS OMB No.:1235-0008 Expires: 07/31/2021

PAYROLL NO. FOR WEEK ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO.

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(e.g., LAST FOUR DIGITS OF SOCIAL SECURITY

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Rev. Dec. 2008

Rev. Dec. 2008

While completion of Form WH-347 is optional, it is mandatory for covered contractors and subcontractors performing work on Federally financed or assisted construction contracts to respond to the information collection contained in 29 C.F.R. §§ 3.3, 5.5(a). The Copeland Act (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 preceding week." 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 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 or mechanic has been paid 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 employees have received legally required wages and fringe benefits.

Public Burden Statement

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 any comments regarding these estimates or any other aspect of this collection, including suggestions for reducing this burden, send them to the Administrator, Wage and Hour Division, U.S. Department of Labor, Room S3502, 200 Constitution Avenue, N.W.

Washington, D.C. 20210

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Date

I, (Name of Signatory Party) (Title) do hereby state:

(1) That I pay or supervise the payment of the persons employed by on the (Contractor or Subcontractor)

; that during the payroll period commencing on the (Building or Work) day of , , and ending the day of , , all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said from the full (Contractor or Subcontractor) weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 C.F.R. Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948, 63 Stat. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. § 3145), and described below:

(2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed.

(3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor.

(4) That:

(a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS

− in addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in section 4(c) below.

(b) WHERE FRINGE BENEFITS ARE PAID IN CASH

− Each laborer or mechanic listed in the above referenced payroll has been paid, as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in section 4(c) below.

(c) EXCEPTIONS

REMARKS:

EXCEPTION (CRAFT)

EXPLANATION

NAME AND TITLE SIGNATURE

THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE

31 OF THE UNITED STATES CODE.

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SUBCONTRACTOR DISCLOSURE FORM

Project Address:

General Contractor:

Address:

Owner Name:

Phone #: Fax #:

Trade: License #

Federal Tax ID #:

Check one: White Black American Indian/ Alaskan Native

Hispanic Asian/Pacific Islander Women-owned

Will you be using subcontractors on this project? Yes No

If yes, please provide subcontractor information below:

Name of Subcontractor:

Address:

Owner Name:

Phone #: Fax #:

Trade: License #

Federal Tax ID #:

Check one: White Black American Indian/ Alaskan Native

Hispanic Asian/Pacific Islander Women-owned

General Contractor’s Signature

Date