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HomeMy WebLinkAboutAttachment DFederal Labor Standards F iisions U.S. Department of and Urban Develop ATTACHMENT D asing ,tt tppticability he Project or Program to which the construction work covered by his contract pertains is being assisted by the United States of America Ind the following Federal Labor Standards Provisions are included in his Contract pursuant to the provisions applicable to such Federal assistance. L. 1. (i) Minimum Wages. All laborers and mechanics employed rr working upon the site of the work (or under the United States Hous- ng Act of 1937 or under the Housing Act of 1949 in the construction development of the project), will be paid unconditionally and not ess often than once a week, and without subsequent deduction or re - pate on any account (except such payroll deductions as are permitted ly, regulations issued by the Secretary of Labor under the Copeland Let (29 CFR Part 3), the full amount of wages and bona fide fringe ienefits (or cash equivalents thereof@ due at time of payment com- 'uted at rates not less than those contained in the wage determination if the Secretary of Labor which is attached hereto and made a part iereof, regardless of any contractual relationship which may be al- eged to exist between the contractor and such laborers and mechan- cs. Contributions made or costs reasonably anticipated for bona fide ringe benefits under Section 1(b)(2) of the Davis -Bacon Act on be- ,alf of laborers or mechanics are considered wages paid to such la - lows or mechanics, subject to the provisions of 29 CFR-5.5(a)(1)(iv); lso, regular contributions made or costs incurred for more than a reekly period (but not less often than quarterly) under plans, funds, r programs, which cover the particular weekly period, are deemed to e constructively made or incurred during such weekly period. uch laborers and mechanics shall be paid the appropriate wage rate nd fringe benefits on the wage determination for the classification of 'ork actually performed, without regard to skill, except as provided 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in tore than one classification may be compensated at the rate specified )r each classification for the time actually worked therein: Provided, 'hat the employer's payroll records accurately set forth the time spent each classification in which work is performed. The wage determi- ation (including any additional classification and wage rates con- )rmed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster VVH-I321) shall be posted at all times by the contractor and its sub- ontractors at the site of the work in a prominent and accessible, place 'here it can be easily seen by the workers. I) (a) Any class of laborers or mechanics which is not listed in the age determination and which is to be employed under the contract salt be classified in conformance with the wage determination. HUD sail approve an additional classification and wage rate and fringe enefits therefore only when the following criteria have been met: I) The work to be performed by the classification requested is not erformed by a classification in the wage determination; and 1,) The classification is utilized in the area by the construction in- astry; and ►) The proposed wage rate, including any bona fide fringe benefits, :ars a reasonable relationship to the wage rates contained in the wage :termination. )) If the contractor and the laborers and mechanics to be employed the classification (if known), or their representatives, and HUD or s designee agree on the classification and wage rate (including the nount designated for fringe benefits where appropriate), a report of e action taken shall be sent by HUD or its designee to the Adminis- ator of the Wage and Hour Division, Employment Standards Admin- istration. U.S. Department of Labor. Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB con- trol number 1215-0140.) • (c) In the event the contractor, the laborers or mechanics to be em- ployed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropri- ate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its desig- nee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Con- trol Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) de- termined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification un- der 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, Pro- vided, That the Secretary of Labor has found, upon the written re- quest 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. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Depart- ment 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 ap- prentices, 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 appren- tice. 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, HUD or its designee 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 .,. •n.Il 1.1,0A1 have ceased. HUD or its designee may. a written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom aey are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relat- ing theretoshall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all labor- ers 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 con- tain 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 ben- efits 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 Sec- retary 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 reason- ably anticipated in providing benefits under a plan or program de- scribed in Section I(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide ;itch benefits is enforceable, that the plan or program is financially -esponsible, and that the plan or program has been communicated in xriting to the laborers or mechanics affected, and records which show he costs anticipated or the actual cost incurred in providing such ben - :fits. Contractors employing apprentices or trainees under approved trograms shall maintain written evidence of the registration of ap trenticeship programs and certification of trainee programs, the reg- stration of the apprentices and trainees, and the ratios and wage rates rescribed in the applicable programs. (Approved by the Office of lanagement and Budget under OM B Control Numbers 1215-0140 nd 1215-0017.) i) (a) The contractor shall submit weekly for each week in which ,y contract work is performed a copy of all payrolls to HUD or its :signee if the agency is a party to the contract. but if the agency is st such a party, the contractor will submit the payrolls to the appli- int sponsor, or owner, as the case may be. for transmission to HUD • its designee, The payrolls submitted shall set out accurately and ,mpletely all of the information required to be maintained under 29 ?R Part 5.5(a)(3)(i). This information may be submitted in any form sired. Optional Form WH-347 is available for this purpose and sy be purchased from the Superintendent of Documents (Federal Eck Number 029-005-00014-1), U.S. Government Printing Office, sshington, DC. 20402. The prime contractor is responsible for the Dmission of copies of payrolls by all subcontractors. (Approved by Off ice of Management and Budget under OMB Control Number 15-0149.) Each payroll submitted shall be accompanied by a "Statement of mpliance," signed by the contractor or subcontractor or his or her :nt who pays or supervises the payment of the persons employed ier the contract and shall certify the following: That the payroll for the payroll period contains the information uired to be maintained under 29 CFR Part 5.5 (a)(3)(i) and that h information is correct and complete; That each laborer or mechanic (including each helper, apprentice. trainee) employed on the contract during the payroll period has n paid the full weekly wages earned, without rebate, either di- ly or indirectly, and that no deductions have been made either ctly or indirectly from the full wages earned, other than permis- deductions as set forth in 29 CFR Part 3; (3) That each labor. . 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 property 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.(1) of this section available for inspection. copy- ing, or transcription by authorized representatives of HUD or its des- ignee or the Department of Labor, and shall permit such representa- tives 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, HUD or its designee 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 Part 5.12. 4. Apprentices and Trainees. (i) 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 ap- prenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The 'allowable ratio of apprentices to 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 other- wise employed as stated above, shall be paid not less than the appli- cable 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 con- tractor is performing construction on a project in a locality other than that in which its program is registered. the ratios and wage rates (ex- pressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be ob- served. Every apprentice must be paid at not Tess than the rate speci- fied 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 pro- gram. 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 Ad- ministrator determines that a different practice prevails for the appli- cable apprentice classification, fringes shall be paid in accordance inns artitinn is nhcnlata Patio 9 nt d form HUD-40 1 0 (2'84) with that determination. In the event the 1. eu of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau. withdraws approval of an apprenticeship program, the con- tractor 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. Employ- ment and Training Administration. The ratio of trainees to journey- men 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 deter- mination. 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 apprentice- ship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the 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 deter- mination for the work actually performed. In the event the Employ- ment 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 appren- tices, 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 incor- porated by reference in this contract 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require. and also'a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime con- tractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with ail the contract clauses in 29 CFR Part 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 con- tained in 29 CFR Parts 1, 3, and 5 are herein incorporated by refer- ence 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 accordant. .th the procedures of the Department of La- bor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or anyof its subcontractors) and HUD or its designee, the U.S. Department of La- bor, or the employees or their representatives 10. (i) Certification of Eligibility. 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) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Sec- tion 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code. Section 1 01 0, Title 18. U.S.C., "Federal }lousing Administration transactions", provides in part: "Whoever, for the purpose of ... in- fluencing in any way the action of such Administration makes. utters or publishes any statement knowing the same to be false..... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor stan- dards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or in- stituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor stan- dards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms "laborers" and "mechanics" include watch- men and guards. (1) Overtime requirements. No contractor or subcontractor con- tracting for any part of the contract work which may require or in- volve the employment of laborers or mechanics shall require or per- mit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or 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 eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages, In addition, such con- tractor 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 dam- ages. 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 subparagraph (1) of this paragraph, in the sum of S10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in sub para- graph (1) of this paragraph. i 1- 3) Withholding for unpaid wages and liq, led damages. HUD r its designee shall upon its own action or upon written request of an uthorized representative of the Department of Labor withhold or cause 3 be withheld, from any moneys payable on account of work per - prated by the contractor or subcontractor under any such contract or ny other Federal contract with the same prime contract, or any other 'ederally-assisted contract subject to the Contract Work Hours and afety Standards Act which is held by the same prime contractor such ums as may be determined to be necessary to satisfy any liabilities f such contractor or subcontractor for unpaid wages and liquidated amages as provided in the clause set forth in subparagraph (2) of this aragraph. 4) Subcontracts. The contractor or subcontractor shall insert in any ubcontracts the clauses set forth in subparagraph (1) through (4) of his paragraph and also a clause requiring the subcontractors to in- lude these clauses in any lower tier subcontracts The prime con - actor shall be responsible for compliance by any subcontractor or awer tier subcontractor with the clauses set forth in subparagraphs 1) through (4) of this paragraph. C. Health and Safe. (I) No taborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dan• gerous to his health•and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regu- lation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 151 8) and failure to comply may result in imposition of sanctions pursu- ant to the Contract Work Hours and Safety Standards Act (Public Law 91-54. 83 Stat 96). (3) The Contractor shall include the provisions of this Article in ev- ery subcontract so that such provisions will be binding on each sub- contractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such pro- visions.. form HUD-40i0 (2184)