Complete Solicitation.pdf

Mid-Willamette Valley Community Action Agency

Head Start Program Exterior Building Painting Services

RFP May 2024

Head Start is a program of Mid-Willamette Valley Community Action Agency (MWVCAA). The Head Start program invites all interested, qualified persons or firms capable of providing the required services, to submit proposals for multiple school painting services at our sites. This request for proposals is for 3 sites located in Salem, Keizer and Dallas. The painting services are for the exterior of the buildings.

A walk-through of the site is required and can be scheduled by contacting Aimee Collier, Facilities Coordinator. You can reach Aimee by phone at 503-931-4871 or you can email her at aimee.collier@mwvcaa.org. Head Start reserves the right to reject any and all bids and to waive informalities and minor irregularities in bids received and to accept any portion of the bid or all items bid if deemed in the best interest of the agency.

Trailer Comments

MWVCAA is a State and Federally funded non-profit subject to the Federal Davis Bacon Act and must follow its rules and regulations when applicable. This project is being funded with Federal grants and therefore is subject to the Davis Bacon Act. All bids exceeding $2,000, that include labor hours, will require a completed and signed Davis Bacon Checklist that all provisions of the Davis Bacon Act (40 U.S.C. 276a) shall be upheld and complied with. If the vendor is not familiar with the Act and its specifics, MWVCAA can provide further information or resources to the bidding vendors. It is the vendor’s responsibility to fully understand what is expected to fulfill the Davis Bacon Act requirements for the bid to be accepted. Please see copy of the Davis Bacon Act excerpts in the (Attachments) section. These excerpts should be considered as part of any contract or acceptance of proposal signed by both parties relating to this RFP.

Proposals must include (1.) a completed Proposal Cover Sheet, (2.) a completed and signed Davis Bacon Checklist for Contractors, (3.) a completed Evaluation Criteria Form, (4.) a completed W-9 form, and (5.) Proof of Insurance.

MWVCAA intends to award a contract to the business deemed most qualified and advantageous to MWVCAA. Submitted bids should include licenses, permits, certifications and any other documentation required by the State of Oregon to conduct business as a qualified contractor in the business of the solicited project. We encourage all State of Oregon certified small & emerging businesses, veteran-owned businesses, businesses owned by disabled individuals, and minority or woman-owned businesses to participate.

Head Start Painting Project – 2024

Scope of Work

The Head Start Program is a sub program of the Mid-Willamette Valley Community Action Agency. This painting project service includes 3 Head Start school sites located in Salem, Keizer and Dallas. The project is for the exterior of the buildings. This project needs to be completed before school starts up again or earlier. Tom Devine can give you a closer completion date needed when you do a walk-through of the sites. Below are items that we expect from the winning proposal.

• Cleaning of building through pressure washing and use of mildew/mold solutions.

• Cleaning of windows and gutters.

• Scrape all loose paint and chipping and prime where necessary.

• Re-caulk where needed, refasten loose boards.

• Prime all bare wood and prime all rusted areas.

• Paint bottom of edge of siding boards.

• Paint with a mildew resistance paint.

• Clean up entire area from debris and garbage related to the project.

• End of project follow-up walk with Tom Devine.

A walk-through of the site can be scheduled by contacting Tom Devine. Please submit the following (5) documents with your proposal. Proposals must include: (1.) a completed Proposal Cover Sheet, (2.) a completed and signed Davis Bacon Checklist, (3.) a completed Evaluation Factors Sheet, (4.) a completed IRS W-9 form and (5.) Proof of Insurance.

All applicable Marion County and/or City of Salem permits and requirements should be part of the proposed bid. Proposers must be legally authorized to transact business in the State of Oregon and must be fully registered and licensed as required by Oregon law to perform the services, prior to submitting a Proposal in response to this RFP. Bidders will be disqualified from the bidding process if found to be on any State or Federal list that disqualifies or debars them from doing any work with the State or Federal governments. MWVCAA encourages participation by QRFs, small & emerging businesses, woman owned businesses, and minority owned businesses, as well as businesses owned by veterans or disabled individuals. We support and encourage the organizations and individuals that we do business with to do the same.

PROPOSAL COVER SHEET

Organization Name: Federal Tax ID #:

Primary Contact Person: Title:

Address: City, State, Zip:

Telephone: Fax: Email:

MWESB Certification: ___ No ___ Yes #

Name and title of the person(s) authorized to represent the Proposer in any negotiations and sign any Personal Services Contract that may result:

Name: Title:

Provide at least two references with telephone numbers (please verify numbers). References must be able to verify the quality of your previous work in the proposed area of work.

REFERENCE No. 1:

Organization Name/ Project:

Contact Person/ Title:

Contact Number:

REFERENCE No. 2:

Organization Name:

Contact Person/ Title:

Contact Number:

By signing this page and submitting a Proposal, Proposer certifies that the following statements are true:

1. Proposer, acting through its authorized representative, has read and understands all RFP instructions, specifications, and terms and conditions contained within this RFP and addenda, if any.

2. Proposer certifies that its Proposal has been arrived at independently and has been submitted without any collusion designed to limit independent proposals or competition.

3. Proposer does not discriminate in its employment practices with regard to race, creed, age, religious affiliation, sex, disability, sexual orientation or national origin; Proposer has not and will not discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a minority, women or emerging small business enterprise certified under ORS 200.055.

4. If awarded the agreement, Proposer will be authorized to do business in the State of Oregon at the time of award and will be and remain in compliance with all applicable State of Oregon professional registrations and licensure requirements.

5. The statements contained in this Proposal are true and complete to the best of the Proposer’s knowledge; Proposer accepts as a condition of the agreement the obligation to comply with the applicable state and federal requirements, policies, standards, and regulations. The undersigned recognizes that this is a public document and open to public inspection.

6. The Proposer acknowledges receipt of all addenda issued under this RFP.

Signature: Date:

(Official Authorized to Bind Proposer)

Request for Proposal Timeline

Head Start Multiple School Exterior Painting Project Release Date:

Tuesday, May 21, 2024

Proposal Due Date: 5:00 pm, Tuesday, June 4, 2024

This project requires completion by the start of the 2024-25 School Year.

To make an appointment for a walk-through of the site, contact Aimee Collier @ 503 931-4871 or email

Aimee at aimee.collier@mwvcaa.org

Submit proposals to: Mid-Willamette Valley Community Action Agency

Attn: Aimee Collier

2475 Center St NE

Salem, Oregon 97301

Proposals must be received by 5:00 pm on Tuesday, June 4, 2024 to be considered. Proposals can be delivered to the address above or emailed to Aimee Collier at the email address above.

MWVCAA is a federal and state funded non-profit that is subject to the Davis Bacon Act. No bid exceeding $2,000 for a project that includes labor hours shall be received or considered by MWVCAA unless the bid contains a signed statement by the bidder that states the bidder will comply with all provisions of the Davis Bacon Act. Excerpts from the Act are attached.

mailto:aimee.collier@mwvcaa.org

Head Start School Painting Project – 2024

Evaluation Factors for Proposals

Name Of Vendor: _____________________________________________________________________

MWVCAA Staff Name Conducting Evaluation: ______________________________________________

The qualifying proposals will be evaluated based on the following criteria. The points to the left of each factor reflect the maximum point score that is being allowed for that particular factor. Please explain briefly how you fulfill these evaluation factors and submit the completed sheet with your proposal:

_______ (10pts) 1. Have you worked on MWVCAA projects in the past?

_______ (10pts) 1. Demonstrated commitment to the non-profit sector _______ (10pts) 2. Ability/commitment to meeting time deadlines _______ (20pts) 3. Knowledge of Davis-Bacon compliance _______ (10pts) 4. Skill and experience of key personnel _______ (10pts) 6. Company’s demonstration of advocacy to businesses registered through the State of Oregon or COBID, as being owned by the following: minorities, women, veterans, the disabled, and small businesses.

_______ (10pts) 7. Price – Please write your proposed total here:________________________________

_______ (20pts) 8. References

_______ (100pts) Total Scoring of Evaluation Factors

Attachment A

PROPOSAL COVER SHEET

Organization Name:

Primary Contact Person: Title:

Address: City/State/Zip:

Phone # Fax # Email:

Federal Tax ID # MWESB Certification: Yes No #

Name and title of the person(s) authorized to represent the Proposer in any negotiations and sign any Personal Services Contract that may result:

Name Title:

Provide at least three references with telephone numbers (please verify numbers). References must be able to verify the quality of your previous work in the proposed area of work.

REFERENCE #1

Organization Name:

Contact Person/Title:

Contact Phone Number:

REFERENCE #2

Organization Name:

Contact Person/Title:

Contact Phone Number:

REFERENCE #3

Organization Name:

Contact Person/Title:

Contact Phone Number:

By signing this page and submitting a Proposal, Proposer certifies that the following statements are true:

1. Proposer, acting through its authorized representative, has read and understands all RFP instructions, specifications, and terms and conditions contained within this RFP and addenda, if any.

2. Proposer certifies that its Proposal has been arrived at independently and has been submitted without any collusion designed to limit independent proposals or competition.

3. Proposer does not discriminate in its employment practices with regard to race, creed, age, religious affiliation, sex, disability, sexual orientation or national origin; Proposer has not and will not discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a minority, women or emerging small business enterprise certified under ORS 200.055.

4. If awarded the agreement, Proposer will be authorized to do business in the State of Oregon at the time of award and will be and remain in compliance with all applicable State of Oregon professional registrations and licensure requirements.

5. The statements contained in this Proposal are true and complete to the best of the Proposer’s knowledge; Proposer accepts as a condition of the agreement the obligation to comply with the applicable state and federal requirements, policies, standards, and regulations. The undersigned recognizes that this is a public document and open to public inspection.

6. The Proposer acknowledges receipt of all addenda issued under this RFP if applicable.

Signature: Date:

(Official Authorized to Bind Proposer)

File: 27 Davis-Bacon Contract Clauses 29 CFR Sec 5_5 Contract Provisions

ATTACHEMENT C

ADDENDUM B – DAVIS BACON APPLICATIONS

§ 5.5 Contract provisions and related matters.

(a) Community Action Agency shall cause or require the contracting officer to insert in full in any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in §5.1, the following clauses (or any modifications thereof to meet the particular needs of the agency, Provided, That such modifications are first approved by the Department of Labor):

(1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the

United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), 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 1(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 of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in §5.5(a)(4). 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 (a)(1)(ii) of this section) and the Davis-Bacon poster (WH-1321) 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.

(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, 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 contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:

(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and

(2) The classification is utilized in the area by the construction industry; and

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

(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer 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 contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S.

Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The

Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advice the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a) (1)(ii) (B) or

(C) of this section, 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.

(iii) 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.

(iv) 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 the 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.

(2) Withholding. Community Action Agency 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 requirements, which is held by the same prime contractor, so much of the accrued payments 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 the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, Community

Action Agency may, after written notice to the contractor, sponsor, applicant, or owner, 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.

(3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing

Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid

(including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b (2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked.

deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

(ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the (write in name of appropriate federal agency) if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to Community Action Agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number).

The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http:l!www.dol.gov/esa/whd!forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.

Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to C om m un i t y Ac t i on A g e nc y if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to Community Action Agency, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner).

(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:

( 1 ) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of

Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29

CFR part 5, and that such information is correct and complete;

( 2 ) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;

( 3 ) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.

(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form

WH- 347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph

(a)(3)(ii)(B) of this section.

(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.

(iii) The contractor or subcontractor shall make the records required under paragraph (a) (3) (i) of this section available for inspection, copying, or transcription by authorized representatives of the (write the name of the agency) or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, http://www.dol.gov/esa/whd!forms/wh347instr.htm the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

(4) ,4pprentices and trainees ---·( ]) .Apprentices_ .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, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, 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 Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship A gency

(where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen 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 above, 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 a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does 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, fringes shall be paid in accordance with that determination. In the event the Office of

Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the

Office, 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.

(ii) Trainees. Except as provided in 29 CFR 5.16, 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 tor 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 Employment 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.

(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.

(5) 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.

(6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29

CFR 5.5(a)(1) through (10) and such other clauses as the (write in the name of the Federal agency) may by appropriate instructions 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 in 29 CFR 5.5.

(7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

(8) Compliance with Davis Bacon and Related Act requirements. 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.

(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.

(10) Certification of eligibility. (i) 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 contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

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

(b) Contract Work Hours and Safety Standards Act. The Agency Head shall cause or require the contracting officer to insert the following clauses set forth in paragraphs (b) (1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by §5.5(a) or4.6 of part 4 of this title. As used in this paragraph, the terms laborers and mechanics include watchmen and guards.

(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she 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) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b) (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of

$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.

(3) Withholding for unpaid wages and liquidated damages. Community Action Agency 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 any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal 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 clause set forth in paragraph (b)(2) of this section.

(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section.

(c) In addition to the clauses contained in paragraph (b), in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in §5.1, the Agency Head shall cause or require the contracting officer to insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, 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. Further, the Agency Head shall cause or require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Mid-Willamette Valley Community Action Agency and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job.

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(The information collection, recordkeeping, and reporting requirements contained in the following paragraphs of this section were approved by the Office of Management and Budget:

Paragraph OMB Control Number

(a)(1)(ii)(B) 1215-0140

(a)(1)(ii)(C) 1215-0140

(a)(1)(iv) 1215-0140

(a)(3)(i) 1215-0140, 1215-0017

(a)(3)(ii)(A) 1215-0149

(c) 1215-0140, 1215-0017

[48 FR 19540, Apr. 29, 1983, as amended at 51 FR 12265, Apr. 9, 1986; 55 FR 50150, Dec. 4, 1990; 57 FR 28776, June 26, 1992; 58 FR 58955, Nov. 5, 1993; 61 FR 40716, Aug. 5, 1996; 65 FR 69693, Nov. 20, 2000; 73 FR 77511, Dec. 19, 2008]

Effective Date Note: At 58 FR 58955, Nov. 5, 1993, §5.5 was amended by suspending paragraph (a)(1)(ii) indefinitely.

Mid-Willamette Valley Community Action Agency/Davis-Bacon Act Checklist for Vendor/Contractor

Write a brief project description: Arches Lodge Pole Sign Project - 2024

The following checklist has been prepared to assist Contractors and Subcontractors in meeting contractual labor responsibilities. It is also intended to aid in meeting the requirements of the federal

Davis-Bacon Act. Please return completed checklist with bid proposal. Bids will not be considered without a completed checklist. We suggest to make a copy for your records.

The contractor:

____ and/or his employees have not been debarred or otherwise made ineligible to participate in any

Federal or Federally-assisted project.

____understands the Wage Decision meets prevailing wage rate requirements and agrees to comply with it.

____will place each of the following on a bulletin board or likeness prominently located on the project site which can be seen easily by workers (and replaced if lost or unreadable any time during construction):

1. Notice of Employees poster (WH 1321)

2. Oregon Safety and Health Protection on the job (DOL)

____has informed each worker of:

his/her work classification (journeyman or job title) as it will appear on the payroll and that his/her hourly wages will be no less than the minimum wage rate for work performed as stated in the prevailing wage rate requirements.

____will pay all workers weekly.

____will submit weekly payrolls prepared on the WH-38 forms to MWVCAA weekly during the duration of the project.

____will keep all weekly payrolls on the project for 3 years after the project completion date.

____has or will inform each worker that he/she is subject to being interviewed on the job by an

MWVCAA employee to confirm that his/her employer is complying with all labor requirements.

I understand the information provided above and by signing this form, I agree to comply fully with the provisions of the Davis-Bacon Act.

Name of Contractor (print)______________________________________________________________

Contractor Signature Date