HomeMy WebLinkAbout1972-055 Grant Contract - HUD OSL-OR-10-16-1008
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vJ`O w I DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AREA OFFICES
A R E A O F F I C E PortlaM, Oregon
~a* *sa Seattle, WasMnaton
f~: IIIIIIII c' CASCADE BUILDING, 520 S.W. SIXTH AVENUE, PORTLAND, OREGON 97204
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REGION X September 13, 1972
REGIONAL OFFICE
SEATTLE, WASHINGTON IN REPLY REFER TO:
10.2G Stephens
Mr. Brian L. Almquist
City Administrator
City Hall
Ashland, Oregon 97520
Dear Mr. Almquist:
Subject: OSL-OR-10-16-1008(G)
City of Ashland
Hunter Memorial Park
We are pleased to enclose herewith one fully executed counterpart
of the contract identified above for your files.
incerely
ussell Dawson
rea Dir ctor
Encl.
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPNEN'P
OPEN SPACE LAND PROGRAM
CONTRACT FOR GRANT
UNDER
TITLE VII OF THE HOUSING ACT OF 1961, AS A14ENDED
PART I
Project No. OSL-OR-10-16-1008
Contract No.OSL-OR-10-16-1008(G
THIS AGREEMENT, consisting of this Part I and the Terms and Conditions, forming
Part II hereof (herein called the "Contract", as defined in Part II), effective on
the date hereinbelow set out, by and between the City of Ashland, Oregon
(herein called the "Public Body") and the United States of America (herein called the
"Government"), WITNESSETH:
In consideration of the mutual covenants, promises, and representations contained
herein, the parties hereto do agree as follows:
SEC. 1. PURPOSE OF CONTRACT
The purpose of this Contract is to provide for the extension by the Government
to the Public Body of certain Federal financial assistance under Title VII of the
Housing Act of 1961, as amended by all amendatory Acts, and as governed by the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (all such Acts
being herein sometimes called "Title VII"), with respect to the Project described in
Section 2 hereof, and to state the terms and conditions upon which such assistance will
be extended and the understandings of the parties hereto as to the manner in which they
contemplate that the Project will be carried out.
SEC. 2. THE PROJECT
(a) The Public Body agrees to undertake, carry out, and complete the
development of 9,58 acres into a park and recreation center
in that certain land located in the S. E. section of the CitV
of Ashland _
and more generally described in Schedule "A" attached hereto
(b) The Public Body agrees to retain said land, as developed, for permanent
open space purposes, and the open space use or uses of said land shall
be for park and recreational purposes, conservation of land and other
;natural resources, or historic or scenic purposes.
SEC. •3. THE GRANT
The Government agrees to make a grant to the public Body to assist it in
carrying out the Project. The grant shall in no event exceed the lesser of (i)
50 percent of the eligible Project costs, not including the cost of relocation pay-
ments and assistance, as determined by the Government, and the Government's share of
the cost of relocation payments and assistance provided by the Public Body in connec-
tion with the Project as specified in Section 4 of the Contract, or (ii) $69,873.00
SEC. 4. RELOCATION AND PROPERTY ACQUISITION COSTS
(a) The Public Body agrees to make relocation payments and payments for
eligible expenses incidental to transfer of title and condemnation
litigation, and to provide relocation assistance, to or on behalf
of eligible recipients in connection with the program in accordance
with and to the full extent permitted by the regulations or other
requirements of the Secretary and within the budgetary limitations
of this Contract.
(1) Notwithstanding any other provision of this Contract, the
Government shall fund, as part of the grant payable under
Section 3 hereof, the full amount of the first $25,000 of the
cost to the Public Body of providing such payments and assist-
ance for each eligible recipient thereof, pursuant to such
regulations or other requirements, on account of any displace-
ment or property acquisition occurring prior to July 1, 1972.
(2) Costs of the Public Body for providing such payments and assist-
ance in excess of said $25,000 per eligible recipient on account
of displacement or acquisition occurring prior to July 1, 1972,
and all costs of the Public Body for providing such payments and
assistance on account of displacement or acquisition occurring
on or after July 1, 1972, shall be regularly treated and funded
as part of the actual cost of the Program otherwise authorized
hereunder.
(3) Notwithstanding any other provision of this Contract, the Public
Body shall not, without the express consent of the Secretary,
expend from funds available under this Contract more than $ -0-
for relocation payments or more than S -0- for the costs of
providing relocation assistance to or on behalf of eligible dis-
placees.
(b) Assurances. The Public Body has filed with the Secretary the assurances
with respect to displacement of persons and acquisition of real property
required by the Uniform Relocation ,'assistance and Real Property Acqui-
sition Policies Act of 1970 and related regulations of the Secretary,
which the Secretary has determined (subject to other provisions hereof)
are satisfactory.
2
SEC. i. TINE OF PERFOMANCE
The Public Body agrees that it will:
Complete the development of the park site within six (6) months
following the date of the execution of this Contract unless an extension
of the time period has been specifically requested and approved in
writing by the Secretary.
SEC. 6. COUNTERPARTS OF THE CONTRACT
This Contract may be executed in two counterparts, each of which shall be
deemed to be an original, and such counterparts shall constitute one and the same
instrument.
SEC. 7. SPECIAL CONDITIONS
Adjacent School Sites. The Public Body agrees that the Open
Space site or sites contained in this project which are adjacent
to a site for new school or proposed site for future schools
are in excess of the minimum state or local site standards for
new school sites. At no time shall the Coen Space site or sites
be considered as eligible in determining satisfaction of such
minimum site standards regarding adjacent school sites proposed
in the future,
SEC. S. COMPENSATION TO GOFERNBLFNT FOR ITS AUDITS AND INSPECTIONS
The Public Body will compensate the Government for its inspections and audits
provided for in Sec. 103(B) of Part II of this Contract, a fixed fee in the amount of
$1,193.00. The fixed fee shall be payable at the time the first requisition for a
Grant Payment is-approved by a deduction of the entire amount of the fixed fee from
the first Grant payment to the Public Body.
IN WITNESS WHEREOF, the Public Body has caused this Contract to be duly.
executed in its behalf and its seal to be hereunto affixed and attested; and, there-
after, the Government has caused the, same to be duly executed in its behalf this
TWELFTH day of SEPTEMBER 1972.
CITY OF ASHLAND, OREGON fj
(SEAL) By
~L,C2✓
~ arles c een
r
May
(Title 'Name & Title)
ATTE T:
Joseph M. Butler
City Recorder
((Type Name & Title) UNITED STATES OF AMERICA
SeY.aul of He i and Urban Development
By
Timm' s, Deputy Ar
ea Director
(SEAL)
)
THE CITY OF ASHLAND,
9'he estate or interest ref: rred to herein is, at die date hereof, vested in
THE CITY OF ASHLAND
Municipal corporation of the State of Oregon, j
i
The )and referred to in this polio is describcd os
Commencing at the southeast corner of Donation Land Claim No. 45 in Township
39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon,
thence North, along the east line of said Claim, 34, 79 chains to the true point of
beginning; thence North 89°45' West 791, 00 feet to the east line of that certain
_ tract conveyed to School District No, 5 of Jackson County, Oregon, by deed
recorded September 29, 1948 in Volume 306 page 187 of the Deed Records of
Jackson County, Oregon; thence North 0' 15' West 731, 94 feet along the east line
of said tract to the south boundary line of a tract conveyed to said School District
No. 5 of Jackson County, Oregon, by that certain deed recorded December 13, 1968
as No, 68.-12041 of the Official Records of said County; thence East 119, 75 feet,
along the south line of said School tract, to the southwesterly right-of-way line
of the Southern Pacific Railroad; thence South 55° 13' East, along said right-of-way
line, 811, 14 feet; thence South 0' 04' East 269. 94 feet to the true point of beginning,
(Code 5-1, Account #391E10D, Tax Lot "2000)
SCHEDULE "A"
i
iflJD-3180b
(9-71)
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOFT`TNT
OPEN SPACE LAND PROGRAM
CONTRACT FOR GRANT
UNDER
TITLE VII OF THE HOUSING ACT OF 1961, AS AMENDED
Part II
Terms and Conditions
- - - - - - - - - - - - - - - - - - - - - - -
SEC. 101. USE OF CERTAIN TERMS
Except where the context clearly indicates otherwise, the following
terms, as used herein, shall have the meanings ascribed to them in this Section:
(A) The term "Secretary" means the Secretary of Housing and Urban
Development or the person authorized to act on his behalf.
(B) The term "Contract" means this Contract between the Government
and the Public Body, and includes Parts I and II and any additional document
or documents incorporated herein by special reference, or attached hereto,
as well as any amendment.
(C) The term "Application" means the written application for the Grant
by the Public Body, including any revisions thereto, together with all ex-
planatory, supporting or supplementary documents filed therewith.
(D) The term "land" means the interest or interests in real prdperty
acquired or to be acquired and/or developed by the Public Body as set out in
Section 2 of Part I of this Contract and shall include a fee interest or
such lesser interests as therein contemplated.
(E) The term "Project" means the undertaking and carrying out to
completion of the acquisition and/or development of land as set forth in
Section 2 of Part I of this Contract.
(F) The term "Secretary's rules and regulations" includes all written
policy issuances of the Secretary, regardless of whether they are published
as formal regulations.
`MJD-3180b
(9-71)
SEC, 102. ACCOMPLISh;ENT OF PROJECT
(A) The Public Body will commence and carry out the Project with all
practicable dispatch, in a sound, economical, and efficient manner, in ac-
cordance with the Application, the Secretary's rules and regulations, and
the provisions of this Contract, and will initiate and complete the Project
within the time limit specified in Section. 5 of Part I of this Contract.
Such term may be extended with the written consent of the Secretary.
(B) -The Public Body will carry out the Project in compliance with all
requirements imposed by or pursuant to regulations of the Secretary effectuating
Title VI of the Civil Rights Act of 1964.
SEC. 103. PROVISIONS RELATING TO ADMINISTRATION
(A) Books and Records. The Public Body will maintain and keep in one
place for a period of at least 3 years following final disbursement of the
grant full and accurate books and records with respect to all matters covered
by this Contract, including without limiting the general coverage of this
requirement, books and records which permit a speedy and effective audit,
and will fully disclose:
(1) Adequate title evidence in the form of title policies, Torrens
certificates, or abstracts, and attorneys' opinions or other evidence
satisfactory to the Secretary relating to the land or interest in land
acquired by the Public Body under this Project;
(2) The amount and disposition of both Federal and non-Federal
funds which are provided for the Project;
(3) All items of cost chargeable or which are proposed to be charged
to the total cost of the Project;
(4) All Project work and undertakings and all contracts which
are entered into by the Public Body pertaining thereto;
(5) The individuals, partnerships, corporations and associations
displaced in the carding out of the Project, the pertinent facts concerning
their relocation and the making of relocation payments therefor; and
(6) All proceedings which are taken by the Public Body with respect
to any matters covered by this Contract.
(B) Inspections and Audits. The Public Body will, at any time during
normal business hours, and as often as the Secretary or the Comptroller
General of the United States may deem necessary, permit the Secretary and
2
END-3180b
(9-71)
the Comptroller General to have full and free access to all of its books and
records with respect to the matters referred to in subsection (A) of this
Section, and will permit the Secretary and the Comptroller General to Audit,
examine, and make excerpts or transcripts from such books and records, and
to review, inspect, and make audits of all Project work, contracts, invoices,
materials, payrolls, records of personnel, conditions of employment, books
of accounts, and other documentary data pertaining to such matters.
(C) Rc-o its and Information. The Public Body will, at such times as
the Secretary may require, furnish him with periodic reports and statements,
and other documentary data and information, as he may request, pertaining
to the various matters covered by this Contract.
SEC. 104. LAND PROVISIONS
(A). General Requirements Concerning Land. The Public Body shall:
(1) Take all necessary steps to remove or abrogate all legally
enforceable provisions pertaining to the restriction of the use of the
land it is acquiring and/or developing, upon the basis of race, religion,
color, or national origin.
(2) Include in every agreement, lease, conveyance, or other instrument
whereby the land is disposed of, an affirmative covenant binding on the
contractor, lessee, grantee, or other party to such instrument and on
the successors in interest to such contractor, lessee, grantee, or other
party that there shall be no discrimination upon the basis of race,
religion, color, or national origin in the use or occupancy of the land.
The covenant shall recite that the United States is a beneficiary of
the covenant and entitled to enforce it.
(3) Not sell, lease, or otherwise dispose of the land except
with the prior written approval of the Secretary.
(4) Not voluntarily create, cause, or allow to be created any
debt, lien, mortgage, charge, or encumbrance against any of the land
which in any way will impair or otherwise adversely affect the preserva-
tion of said land for the use or uses set out in Section 2 of Part I
of this Contract.
(5) From time to time duly pay and discharge,, or cause to be paid
and discharged when the same become due, all taxes, assessments, and
other governmental charges which are lawfully imposed upon any of the
land and which if unpaid may by law become a lien or charge upon said
land and thereby impair or otherwise adversely affect the holding of
said land for the use or uses set out in Section 2 of Part I of this
Contract.
3
i
HUD-3180b
(9-71)
(6) Faithfully observe and conform to all valid requirements of
any governmental authority relative to the land and all covenants, terms,
and conditions applicable to said land.
(B) Land Acquisition Requirements. In acquiring land as part of the
Project, the Public Body shall comply with regulations of the Secretary issued
pursuant to the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970.
(C) Snecial Provisions Relating to Sale or Lease of Land. If the
Public Bony proposes to lease or sell all or part of the land covered by the
Project, the Public Body must first obtain written approval of the Secretary
before such leasing or sale is undertaken.
(D) Use of Land.
(1) No conversion in the use of the land to a use other than the
open space uses set out in Section 2 of Part I of this Contract will
be permitted without the prior written approval of the Secretary.
Before such approval will be given, the Public Body must demonstrate
to the Secretary's satisfaction that
(a) The open-space land is being or will be replaced, without
cost to the Federal Government, by other open-space land of as
nearly as feasible equivalent usefulness, location, and fair market
value at the time of conversion;
(b) The conversion and substitution are needed for the
orderly development and growth of the urban area involved;
(c) The proposed uses of the converted and substituted land
are in accord with the then applicable comprehensive plan for the
urban area, meeting criteria established by the Secretary.
(2) Land acquired under Section 706 of Title VII may be disposed
of or converted only under such terms or conditions as the Secretary may
specify.
(3) No open-space land involving historic or architectural purposes
for which assistance has been granted under Title VII shall be converted
to use for any other purpose without the prior approval of the Secretary
of the Interior.
(A) The Public Body shall not discriminate upon the basis of
race, religion, color, or national origin in the sale, lease, or rental
or in the use of occupancy of the land or any improvements erected or
4
HUD-3180b
( 9-71)
to be erected thereon, or any part thereof.
i
(5) The Public Body shall not restrict the use of the land, as
developed, on the basis of place of residence, except that a reasonable
fee charged non-residents over and above any fee that may be charged
resiC n*., shall not be interpreted as a restriction of the use of such
land.
(E) Transfer of Public Body's Interests in Land to Another Public Body.
Before the'Public Body transfers its interests in the land to another Public
Body, it shall require its transferee to enter into a contract with the
Secretary agreeing in writing to be bound by all of the applicable terms
and conditions of this Contract.
(F) Recordation and Deed Restriction.
(1) The Public Body shall cause to be duly recorded in accordance
with applicable local law all instruments which are generally recorded
in the jurisdiction in order to fully protect all of the Public Body's
rights, titles and interest in and to any land acquired or used as a
part of the Project.
(2) The deed or an instrument included in the deed records shall
evidence a restriction to the effect that the sale, lease, or other
transfer of the land, or any interest therein, is subject to the prior
approval of the Secretary of the U.. S. Department of Housing and Urban
Development.
SEC. 105. PAYMENT OF GRANT
(A) Advance or Progress Payments. Under or subject to such conditions
as the Government may, in vrriting, specify which are not inconsistent with
applicable law, the Government may, in its discretion, make advance or progress
payments to the Public Body on account of the Grant, at such time or times
prior to the completion of the Project and the final determination of the
total cost thereof as, in view of the status of the Project and the matters
relative thereto, the Government may deem appropriate, but no such advance
or progress payment will be made unless and until the Public Body shall have
filed its written request with the Secretary for such advance
or progress payment: Provided, That no such advance or progress payment
shall be made if the Public Body is in default of any of the terms of this
Contract. The Public Body shall deposit such advance payment funds in a
bank or banks which are members of the Federal Deposit Insurance Corporation
or in such other depository as shall be acceptable to the Secretary.
(B) Reci.is_t_.on for Grant Payment. The Public Body shall file its
requisition for payment of Grant, on a form or forms prescribed by the Secretary.
x
5
HUD-3180b
(9-71)
Such requisition shall be accompanied by the Public Body yIs certification
of purposes, demonstrating the need, at the time, for the funds requisitioned;
that the amount sought is reasonable; and that the purposes for which it
proposes to expend the funds are within the purview of this Contract.
(C) Ineligible Costs. No grant payment shall be made to (1) defray
ordinary State or local governmental expenses, (2) help finance the acquisition
by the Public Body of land located outside the urban area for which it exercises
(or participates in the exercise of) responsibilities consistent with the
purpose of Title VII, (3) acquire and clear developed land in built-up urban
areas unless the local governing body determines that adequate open-space
land cannot be effectively provided through the use of existing undeveloped
land, (b) provide assistance for historic and architectural preservation
purposes, except for districts, sites, buildings, structures, and objects
which the Secretary of the Interior determines meet the criteria used in
establishing the National Register, (5) or to pay for the cost of land acquired
or development undertaken prior to the notification of the Public Body by
the Secretary of his approval of the Application or of the acquisition or
development of such land.
SEC. 106. LABOR AND CONSTRUCTION PROVISIONS
(A) Contract and "Force Account" Work. The Public Body may elect to
carry out any necessary development activities as a part of the Project by
utilization of its own employees or it may have such work done under written
contracts let by it. Any contracts entered into for Project work shall contain
appropriate provisions to require compliance with all applicable Federal laws
and regulations pertaining to such contracts, to the work to be performed
thereunder, and to the persons employed in the carrying out of such contracts.
(B) Competitive Bidding. The Public Body will give full opportunity
for free, open, and competitive bidding for each contract to be let by it
calling for construction, demolition, or other similar work, as a part of
the Project, or for the furnishing of any materials, supplies, or equipment
for or use on, the Project and will give such publicity to its advertisements
or calls for bids for each such contract as will provide adequate competition;
and the award of each such contract, when made; will be made by it as soon
as practicable to the lowest responsible bidder: Provided, That in the
selection of such materials, equipment, or supplies, the Public Body may,
in the interest of standardization or ultimate economy, if the advantage
of such standardization or such ultimate economy is clearly evident and an
appropriate provision for such action is included by it in the proposed contract
documents upon which bids are invited, award a contract to a responsible
bidder other than the lowest in price: Provided further, That purchases
of such materials, equipment, or supplies in amounts of $2,500 or less,
and contracts in amounts of $2,500 or less calling for construction, demolition,
HUD-31BOb
(9-71)
or other :;:i.milar work, as a part of the Project, may, except where contrary
to the requirements of State or local law, be made from time to time by the
Public Body without negotiation or competive bidding and without observance
of the other provisions of this subsection: and Provided further, That
the Public body may negotiate a cost plus fixed-fee contract through solici-
tation of previously qualified sources for restoration work for historic
or architectural purposes which is of a special nature that precludes practical
application of lump sum or unit price competition, provided that prior approval
has been obtained from the Government for an exception to the competitive
bidding procedure.
(C) Provisions To Be Included In Certain Contracts. Before the Public
Body receives bids or proposals for, or.otherwise negotiates for, a proposed
contract which calls for the performance of any work on the Project which
will entail, for such work, the employment by the contractor or his subcon-
tractors of laborers or mechanics, the Public Body shall include in the pro-
posed contract documents appropriate wage schedules (including applicable
wage determinations of the Secretary of Labor, United States Department
of Labor) and other provisions which are consistent with the provisions embodied
in that document entitled "Federal Labor Standards Provisions" attached hereto
marked HUD-3200 and made a part hereof. Such schedules, wage determinations,
and other provisions, as included in such proposed contract documents, shall
also be included in the contract documents as executed. The Public Body
will include in each contract mentioned in the preceding sentence of this
subsection an appropriate provision requiring the contractor to insert in
each of his subcontracts which will entail the employment by such subcontractor
of laborers or mechanics, as aforesaid, wage and other provisions which are
consistent with such contractor's contract with the Public Body.
(D) State or Local Laws Concerning Wage Rates for Laborers and Mechanics.
If State or local laws require that laborers or mechanics who are employed
by the Public Body's contractors, or by such contractors' subcontractors,
in the development of the Project, be paid not less than the wages which
are established pursuant to such laws and if such wages so established are
higher than the wages which are determined by the Secretary of Labor, United
States Department of Labor, pursuant to the aforesaid Davis-Bacon Act, to be
the wages prevailing it the locality in which the Project is situated, nothing
in this Contract is to be construed as intended to relieve the Public Body
of its obligation, if any, to require payment of such higher wages.
(E) Equal Employment Opportunity.
(1) Activities and Contracts Not Subject to Executive Order 11246.
In the carrying out of the Project, the Public Body will not discriminate
against any employee or applicant for employment because of race, color,
religion, E---x or national origin. The Public Body will take affirmative
action to ensure that applicants are employed, and that employees are
7
HUD-3180b r
(9-71)
treated during employment, without regard to race, color, religion,
sex or national origin. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, in-
cluding apprenticeship. The Public Body agrees to post in conspicuous
places, available to employees and applicants for employment, notices
to be provided by the Government setting forth the provisions of this
nondiscrimination clause. The Public Body will, in all solicitations
or advertisements for employees placed by or on behalf of the Public
Body, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex or national
origin. The Public Body will incorporate the foregoing requirements of
this subparagraph (1) in all of its contracts for Project work, except
contracts governed by subparagraph (2) of this Section 106(E) and
contracts for standard commercial supplies or raw materials, and will
require all of its contractors for such work to incorporate such require-
ments in all subcontracts for Project work.
(2) Contracts Subject to Executive Order 11246. The Public Body
hereby agrees that it will incorporate or cause to be incorporated into
any contract for construction work, or modification thereof, as.defined
in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which
is paid for in whole or in part with funds obtained from the Federal
Government or borrowed on the credit of the Federal Government pursuant
to a grant, contract, loan, insurance, or guarantee, or undertaken
pursuant to any Federal program involving such grant, contract, loan,
insurance, or guarantee, the following equal opportunity clause:
During the performance of this contract, the contractor agrees as
follows:
(1) The contractor will not discriminate against any employee
or applicant for employment because of race, color, religion, sex,
or national origin. The contractor will take affirmative action
to insure that applicants are employed, and that employees are
treated during employment without regard to their race, color,
.relgion, sex, or national origin. Such action shall include, but
not be limited to, the following: employment, upgrading, demotion,
or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor
agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the Public.
Body setting forth the provisions of this nondiscrimination clause.
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HUD-3180b
- (9-71)
(2) The contractor will, in all solicitations or advertise-
ments for employees placed by or on behalf of the contractor,
state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, or national
origin. ,
(3) The contractor will send to each labor union or representa-
tive of workers with which he has a collective bargaining agreement
or other contract or understanding, a notice to be provided advising
the said labor union or workers representative of the contractor's
commitments under this section, and shall post copies of the notice
in conspicuous places available to employees and applicants for
employment.
(4) The contractor will comply with all provisions of Executive
Order 1-1246 of September 24, 1965, and of the rules, regulations,
and relevant orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports
required by Executive Order 11246 of September 24, 1965, and by
the rules, regulations, and orders of the Secretary of Labor
or the Secretary of Housing and Urban Development, or pursuant
thereto, and will permit access to his books, records, and accounts
by the Public Body, the Secretary of Housing and Urban Development,
and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
(6) In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of the said
rules, regulations, or orders, this contract may be canceled,
terminated, or suspended in whole or in part and the contractor
may be declared ineligible for further Government contracts or
federally assisted construction contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such
other sanctions may be imposed and remedies invoked as provided in
Executive Order 11246 of September 24, 1965, or by rule, regulation,
or order of the Secretary of Labor, or as otherwise provided by
law.
(7) The contractor will include the portion of the sentence
immediately preceding paragraph (1) and the provisions of paragraphs
(1) through (7) in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor
issued pursuant to Section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor
or vendor. The contractor will take such action with respect to
9
HUD-3180b
0-71)
any subcontract or purchase order as the Public Body or the Sec-
retary of Housing and Urban Development may direct as a means of
enforcing such provisions, including sanctions for noncompliance:
Provided, however, That, in the event the contractor becomes involved
in, or is threatened with, litigation with a subcontractor or vendor
as a result of such direction by the Public Body, the contractor
may request the United States to enter into such litigation to .
protect the interests of the United States.
The Public Body further agrees that it will be bound by the
above equal opportunity clause with respect to its own employment
practices when it participates in federally assisted construction
work: Provided, That if the Public Body so participating is a
State or local government, the above equal opportunity clause is
not applicable to any agency, instrumentality or subdivision of
such government which does not participate in work on or under the
contract.
The Public Body agrees that it will assist and cooperate actively
with the Secretary of Housing and Urban Development and the Secretary
of Labor in obtaining the compliance of contractors and subcontractors
with the equal opportunity clause and the rules, regulations, and
relevant orders of the Secretary of Labor, that it will furnish
the Secretary of Housing and Urban Development and the Secretary
of Labor such information as they may require for the supervision
of such compliance, and that it will otherwise assist the Secretary
of Housing and Urban Development in the discharge of his primary
responsibility for securing compliance.
The Public Body further agrees that it will refrain from entering
into any contract or contract modification, subject to Executive
Order 11246 of September 24, 1965, with a contractor debarred from,
or who has not demonstrated eligibility for, Government contracts
and federally assisted construction contracts pursuant to the
Executive order and will carry out such sanctions and penalties
for violation of the equal opportunity clause as may be imposed
upon contractors and subcontractors by the Secretary of Housing
and Urban Development or the Secretary of Labor pursuant to Part
II, Subpart D of the Executive order. In addition, the Public
Body agrees that if it fails or refuses to comply with these
undertakings, the Secretary of }lousing and Urban Development may
take any or all of the following actions: Cancel, terminate, or
suspend in .-hole or in part this grant contract; refrain from extending
any further assistance to the applicant tnider the program with
respect to which the failure or refusal occurred until satisfactory
assurz:-ce of future compliance has been received from such Public
10
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Body; and refer the case to the Department of Justice for appro-
priate legal proceedings.
SEC. 107. DEFAULTS AND REMEDIES
(A) Termination or Suspension of Contract. The Government may terminate
or suspend this Contract at its discretion upon the happening of any of the
following:
(1) The failure of the Public Body to complete the Project within
the time prescribed in Section 5 of Part I of this Contract;
(2) The making of any misrepresentation by the Public Body in its
Application or in the furnishing of any information to the Secretary;
(3) The violation of any of the terms or conditions of this Contract;
(4) Any event which makes the accomplishment of the Project by
the Public Body impossible, improbable, infeasible, or illegal; or
(5) The commencement of any litigation challenging the performance
by the Public Body of any of its duties or obligations which may jeop-
ardize or adversely affect the Project, this Contract, or the Grant.
(B) Forfeiture of Grant. For any violation of any of the terms of this
Contract, the Secretary may, in addition to such other remedies as may exist
at law or in equity, require repayment of all or part of the grant to the
Government.
(C) When Rights and Remedies Not Waived. In no event shall %'the making
by the Government cf any Grant payment to the Public Body constitute or be
construed as a waiver by the Government of any breach of covenant or any
default which may then exist on the part of the Public Body, and the making
of any such payment by the Government while any such breach or default shall
exist shall in no wise impair or prejudice any right or remedy available to
the Government in respect of such breach or default.
SEC. 108. MISCELLANEOUS PROVISIONS
(A) Interest of Public Body Personnel and Other Local Public Officials.
The Public Body shall adopt and enforce measures to assure that no member of
its governing body and no other officer or employee of the Public Body and
no member of the governing body or other public official of any other local
public body in the urban area in which the Project is situated, who exercises
any functions or responsibilities in connection with the carrying out of the
Project, shall, :prior to the completion of the Project, voluntarily acquire
11
HUD-3180b
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any personal interest, direct or indirect, in any property included in the
Project or in any contract or proposed contract in connection with the under-
taking of the Project. If any such member, employee, or officer presently
owns or controls, or in the future involuntarily acquires, any such personal
interest, he shall immediately disclose such interest to the Public Body.
Any member, employee, or officer who shall have or acquire such interest
shall not participate in any action by the Public Body affecting the undertaking
of the Project, unless the Public Body shall determine that, in the light
of the personal interest disclosed, the participation of such individual in
any such action would not be contrary to the public interest. The Public Body
shall promptly advise the Secretary of the facts and circumstances concerning
any disclosure made to it pursuant to this provision and the action taken
by the Public Body upon being made aware of said facts and circumstances.
(B) Interest of Certain Federal Officials. No Member of or Delegate
to the Congress of the United States, and no Resident Commissioner, shall
be admitted to any share or part of this Contract or to any benefit to arise
from the same.
(C) Bonus or Commission. The Public Body shall not pay any bonus or
commission for the purpose of obtaining the Secretary's approval of the
Application or any other approval by the Secretary which may be necessary
under this Contract.
(D) Government Not Obligated to Third Parties. The Government shall
not be obligated or liable under this Contract to any party other than the
Public Body.
(E) How Contract Affected by Provisions Being Held Invalid. If any
provision of this Contract is held invalid, the remainder of this Contract
shall not be affected thereby if it is in conformity with the terms and
requirements of applicable law.
(F) Provisions Concerning Certain Waivers. Subject to applicable Federal
law, any right or remedy which the Government may have under this Contract
may be waived in writing by the Government by a formal waiver and either
with or without the execution of an amendatory or supplementary agreement,
if, in the judgment of the Government, this Contract as so modified, will
still conform to the provisions and requirements of applicable laws.
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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
FEDERAL LABOR STANDARDS PROVISIONS
1. APPLICABILITY
The Project or Program to which the work covered by this Contract pertains is being assisted by the United States of
America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions ap-
plicable to such Federal assistance.
2. MINIMUM WAGE RATES FOR LABORERS AND MECHANICS
All laborers and mechanics employed upon the work covered by this Contract shall be paid unconditionally and not
less often than once each week, and without subsequent deduction or rebate on any account (except such payroll deductions
as are made mandatory by law and such other payroll deductions as are permitted by the applicable regulations issued by the
Secretary of Labor, United States Department of Labor, pursuant to the Anti-Kickback Act hereinafter identified), the full
amounts due at time of payment computed at wage rates not less than those contained in the wage determination decision of
said Secretary of Labor (a copy of which is attached and herein incorporated by reference), regardless of any contractual re-
lationship which may be alleged to exist between the Contractor or any subcontractor and such laborers and mechanics. All
laborers and mechanics employed upon such work shall be paid in cash, except that payment may be by check if the employer
provides or secures satisfactory facilities approved by the Local Public Agency or Public Body for the cashing of the same
without cost or expense to the employee. For the purpose of this clause, contributions made or costs reasonably anticipated
under Section I (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 Section 5.5(a)(1)(iv) of Tide 29, Code of Federal Regulations. Also for the purpose
of this clause, regular contributions made or costs incurred for more than a weekly period under plans, funds, or programs,
but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
3. UNDERPAYMENTS OF WAGES OR SALARIES
In case of underpayment of wages by the Contractor or by any subcontractor to laborers or mechanics employed by
the Contractor or subcontractor upon the work covered by this Contract, the Local Public Agency or Public Body in addition
to such other rights as may be afforded it under this Contract shall withhold from the Contractor, out of any payments due the
Contractor, so much thereof as the Local Public Agency or Public Body may consider necessary to pay such laborers or
mechanics the full amount of wages required by this Contract. The amount so withheld may be disbursed by the Local Pub-
lic Agency or Public Body, for and on account of the Contractor or the subcontractor (as may be appropriate), to the respec-
tive laborers or mechanics to whom the same is due or on their behalf to plans, funds, or programs for any type of fringe
benefit prescribed in the applicable wage determination.
4. ANTICIPATED COSTS OF FRINGE BENEFITS
If the Contractor does not make payments to a trustee or other third person, he may consider as part of the wages of
any laborer or mechanic the amount of any costs reasonably anticipated in providing fringe benefits under a plan or program
of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this Contract-.
Provided, however, The Secretary of Labor has found, upon the written request of the Contractor, that the applicable stand-
ards 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. A copy of any findings made by the Secretary of
Labor in respect to fringe benefits being provided by the Contractor must be submitted to the Local Public Agency or Public
Body with the first payroll filed by the Contractor subsequent to receipt of the findings.
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5. OVERTIME COMPENSATION REQUIRED BY CONTRACT WORK HOURS STANDARDS
ACT (76 Stat. 357-360; Title 40 U.S.C., Sections 327-332)
(a) 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, including watchmen and guards, shall require or permit any laborer
or mechanic in any workweek in which he is employed on such work to work in excess of 8 hours in any calendar day or
in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one
and one-half times his basic rate of pay for all hours worked in excess of 8 hours in any calendar day or in excess of 40
hours in such workweek, as the case may be.
(h) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in
paragraph (a), the Contractor and any subcontractor responsible therefor shall be liable to any affected employee for his un-
paid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such
liquidated damages shall he computed with respect to each individual laborer or mechanic employed in violation of the clause
set forth in paragraph (a), in the sum of $10 for each calendar day on which such employee was required or permitted to
work in excess of 8 hours or in excess of the standard workweek of 40 hours without payment of the overtime wages
required by the clause set forth in paragraph (a).
(c) Withholding for liquidated damages. The Local Public Agency or Public Body shall withhold or cause to be with-
held, from any moneys payable on account of work performed by the Contractor or subcontractor, such sums as may admin-
istratively he determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for liquidated damages
as provided in the clause set forth in paragraph (b).
(d) Subcontracts. The Contractor shall insert in any subcontracts the clauses set forth in paragraphs (a), (b), and (c) of
this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they
may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn he made.
6. EMPLOYMENT OF APPRENTICES
Apprentices will be permitted to perform work covered by this Contract only under a bona fide apprenticeship program
registered with a State Apprenticeship Agency which is recognized by the Bureau of Apprenticeship and Training, United
States Department of Labor, or, if no such recognized Agency exists in a State, under a program registered with the Bureau of
Apprenticeship and Training. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater
than the ratio permitted to the Contractor as to his entire work force under the registered program. Any employee listed on a
payroll at an apprentice wage rate, who is not registered as above, shall be paid the wage rate determined by the Secretary of
Labor, United States Department of Labor, for the classification of work he actually performed. The Contractor or subcon-
tractor shall furnish the Local Public Agency or Public Body with written evidence' of the registration of his program and ap-
prentices, as well as of the appropriate ratios and wage rates for the area of construction, prior to using any apprentices on
the contract work. t
7. EMPLOYMENT OF CERTAIN PERSONS PROHIBITED 1
No person under the age of sixteen years and no person who, at the time, is-serving sentence in'a penal or correctional
institution shall be employed on the work covered by this Contract. J ?
8. REGULATIONS PURSUANT TO SO-CALLED "ANTI-KICKBACK ACT" "
The Contractor shall comply with the applicable regulations (a copy of which is attached and herein incorporated by
reference) of the Secretary of Labor, United States Department of Labor, made pursuant to the so-called "Anti-Kickback Act"
of June 13, 1934 (48 Stat. 948; 62 Stat. 862; Title 18 U.S.C.; Section 874: and Title 40 U.S.C., Section 276c), and any amend-
ments or modifications thereof, shall cause, appropriate provisions to be inserted in subcontracts to insure compliance therewith
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18-691
by all subcontractors subject thereto, and shall be responsible for the submission of affidavits required by subcontractors there-
under, except as said Secretary of Iabor may specifically provide for reasonable limitations, variations, tolerances, and exemp-
tions from the requirements thereof. .
9. EMPLOYMENT OF LABORERS OR MECHANICS NOT LISTED IN AFORESAID WAGE
DETERMINATION DECISION
Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the
Contract will be classified or reclassified conformably to the wage determination by the Local Public Agency or Public Body,
and a report of the action taken shall be submitted by the Local Public Agency or Public Body, through the Secretary of
Housing and Urban Development, to the Sccretarv of Labor, United States Department of Labor. In the event the interested
parties cannot agree on the proper classification or reclassification of a particular class of laborers and mechanics to be used,
the question accompanied by the recommendation of the Local Public Agency or Public Body shall be referred, through the
Secretary of housing and Urban Development, to the Secretary of Labor for final determination.
10. FRINGE BENEFITS NOT EXPRESSED AS HOURLY WAGE RATES
The Local Public Agency or Public Body shall require, 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 wage rate and the Contractor is
obligated to pay cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the event the
interested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recommenda-
tion of the. local Public Agency or Public Body, shall be referred. through the Secretary of Housing and Urban Development,
to the Secretary of Labor for determination.
11. POSTING WAGE DETERMINATION DECISIONS AND AUTHORIZED WAGE DEDUCTIONS
The applicable wage poster of the Secretary of Labor, United States Department of Labor. and the applicable wage de-
termination decisions of said Secretary of Labor with respect to the various classifications of laborers and mechanics employed
and to be employed upon the work covered by this Contract, and a statement showing all deductions, if anv, in accordance
with the provisions of this Contract, to be made from wages actually- earned by persons so employed or to be employed in
such classifications, shall be posted at appropriate conspicuous points at the site of the work.
12. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES
No laborer or mechanic to whom the wage, salar y, or other labor standards provisions of this Contract are applicable
shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such em-
ployee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in
any proceeding under or relating to the labor standards applicable under this Contract to his employer.
13. CLAIMS AND DISPUTES PERTAINING TO WAGE RATES
Claims and disputes pertaining to wage rates or to classifications of laborers and mechanics employed upon the work
covered by this Contract shall be promptly reported by the Contractor in writing to the Local Public Agency or Public Body
for referral by the latter through the Secretary of Housing and Urban Development to the Secretary of Labor, United States
Department of Labor, whose decision shall be final with respect thereto.
14. QUESTIONS CONCERNING CERTAIN FEDERAL STATUTES AND REGULATIONS
All questions arising under this Contract which relate to the application or interpretation of (a) the aforesaid Anti-
Kickback Act, (b) the Contract Work Hours Standards Act, (c) the aforesaid Davis-Bacon Act, (d) the regulations issued by the
Secretary of Labor, United States Department of Labor, pursuant to said Acts, or (e) the labor standards provisions of any
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other pertinent Federal statute, shall be referred, through the focal Public Agency or Public Body and the Secretary of
Housing and Urban Development, to the Secretary of Labor, United States Department of Labor, for said Secretary appro-
priate ruling or interpretation which shall be authoritative and may be relied upon for the purposes of this Contract.
15. PAYROLLS AND BASIC PAYROLL RECORDS OF CONTRACTOR AND SUBCONTRACTORS
The Contractor and each subcontractor shall prepare his payrolls on form., satisfactory to and in accordance with in-
structions to be furnished by the Local Public. Agencv or Public Body. The Contractor shall submit weekly to the Local Pub-
lie Agency or Public Bodv wo certified copies of all payrolls of the Contractor and of the, subcontractors, it being understood
that the Contractor shall be responsible lot the submission of copies of payrolls of all subcontractors. Fac,h such payroll
shall contain the "W(,(!kh Statement of Compliance," set forth in Se Lion :L3 of Title 29. Code of Federal Regulations. The
pavrolls and basic payroll records of the Contractor and each subcontractor covering all laborers and mechanics employed
upon the work covered by this Contract shall he maintained during the course of the work and preserved for a period of 3
years thereafter. Such payrolls and basic payroll records shall contain the, name and address of each such employee, his cor-
rect classification, rate of pay (including rates of contributions or costs anticipated of the, types described in Section I (b) (2)
of the Davis-Bacon Act), daih, and weekh, number of hours worked, deductions made, and actual wages paid. In addition,
whenever the Secretan of Labor has found under Section 5.5(a) (1) (iv) of Title 29, Codc of Federal Regulations, that the
wages of any laborer or mechanic include the amount of any costs reKmably anticipated in providing benefits under a plan
or program described in Section 1(b) (2) (13) of the, Davis-Bacon Act, the Contractor or subcontractor shall maintain records
which show that the commitment to provide, such benefits is enfon cable, 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. The, Contractor an(] each subcontractor shall make
his employment records with respect to persons employed by him upon the work covered by this Contract available for in-
spection by authorized representatives of the Secretary of Ilousing and Urban Development, the Local Public Agency or
Public Body, and the United States Department of Labor. Such representatives shall be permitted to interview employees of
the Contractor or of am subcontractor during working hours on thejob.
16. SPECIFIC COVERAGE OF CERTAIN TYPES OF WORK BY EMPLOYEES
The transporting of materials and supplies to or from the site of the Project or Program to which this Contract pertains
b)' the employees of the Contractor or of any subcontractor, and the manufacturing or furnishing of materials, articles, sup-
plies, or equipment on the site of the project or Program to which this Contract pertains by persons employed by the Con-
tractor or by any subcontractor, shall, for the purposes of this Contract, and without limiting the generality of the foregoing
provisions of this Contract, be, deemed to be work to which these Federal Labor Standards Provisions are applicable.
17. INELIGIBLE SUBCONTRACTORS
The Contractor shall not subcontract any part of the work covered by this Contract or permit subcontracted work to he
further subcontracted without the Local Public Agency's or Public Body's prior written approval of the subcontractor. The
Local Public Agency or Public Bodv will not approve any subcontractor for work covered by this Contract who is at the
time ineligible wider the provisions of any applicable regulations issued by the Secretary of Labor, United States Department
of Labor, to receive an award of such subcontract.
18. PROVISIONS TO BE INCLUDED IN CERTAIN SUBCONTRACTS
The Contractor shall include or cause to be included in each subcontract covering any of the work covered by this Con-
tract, provisions which are consistent with these Federal Labor Standards Provisions and also a clause requiring the subcon-
tractors to include such provisions in any lower tier subcontracts which they may enter into, together with a clause requiring
such insertion in any further subcontracts that may in turn be made.
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19. BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS
In addition to the causes for termination of this Contract as herein elsewhere set forth, the Local Public Agency or
Public Body reserves the right to terminate this Contract if the Contractor or any subcontractor whose subcontract covers
anv of the work covered by this Contract shall breach any of these Federal Labor Standards Provisions. A breach of these
Federal Labor Standards Provisions may also be grounds for debarment as provided by the applicable regulations issued by
the Secretary of Labor, United States Department of Labor.
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ATTACHMENT-TO FEDERAL LABOR STANDARDS PROVISIONS.-
SO-CALLED "ANTI-KICKBACK ACT" AND REGULATIONS PROMULGATED
PURSUANT THERETO BY THE SECRETARY OF LABOR,
UNITED STATES DEPARTMENT OF LABOR
TITLE 18, U.S.C., section 874
(Replaces section 1 of the Act of June 13, 1934 (48 Stat. 948, 40 U.S.C.,
sec. 276b) pursuant to the Act of June 25, 1948, 62 Stat. 862)
KICKBACKS FROM PUBLIC WORKS EMPLOYEES
Whoever, by force, intimidation, or threat of procuring dismissal from employment, or by any other manner whatso-
ever 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 com-
pensation to which he is entitled under his contract of employment, shall be fined not more than $5,000 or imprisoned not
more than five years, or both.
SECTION 2 OF THE ACT OF JUNE 13, 1934, AS AMENDED (48 Stat. 948, 62 Stat. 862,
63 Stat. 108, 72 Stat. 967, 40 U.S.C., sec. 276c)
The Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the construction,
prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans
or grants from the United States, including a provision that each contractor and subcontractor shall furnish weekly a statement
with respect to the wages paid each employee during the preceding week. Section 1001 of Title 18 (United States Code) shall
apply to such statements.
---XXX---
Pursuant to the aforesaid Anti-Kickback Act, the Secretary of Labor, United States Department of Labor, has promul-
gated the regulations hereinafter set forth, which regulations are found in Title 29, Subtitle A, Code of Federal Regulations,
Part 3. The term "this part," as used in the regulations hereinafter set forth, refers to Part 3 last above mentioned. Said reg-
ulations are as follows:
TITLE 29 - LABOR
Subtitle A - Office of the Secretary of Labor
PART 3-CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED IN
WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES
Section 3.1 Purpose and scope.
This part prescribes "anti-kickback" regulations under section 2 of the Act of June 13, 1934, as amended (40 U.S.C.
216c), popularly known as the Copeland Act. This part applies to any contract which is subject to Federal wage standards
and which is for the construction, prosecution, completion, or repair of public buildings, public works or buildings or works
financed in whole or in part by loans or grants from the United States. The part is intended to aid in the enforcement of the
minimum wage provisions of the Davis-Bacon Act and the various statutes dealing with Fe.derallyassisted construction that
contain similar minimum wage provisions, including those provisions which are not subject to Reorganization Plan No. 14
.6.
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(c.g., the. College Housing Act of 1950, the Federal Water Pollution Control Act, and the Housing Act of 1959), and in the
enforcement of the overtime provisions of the Contract Work Hours Standards Act whenever they are applicable to construction
work. The part details the obligation of contractors and subcontractors relative to the weekly submission of statements regard-
ing the wages paid on work covered thereby; sets forth the circumstances and procedures governing the making of payroll de-
ductions from the wages of those employed on such work; and delineates the methods of payment permissible on such work.
Section 3.2 Definitions.
As used in the regulations in this part:
(a) The terms "building" or "work" generally include construction activity as distinguished from manufacturing,
furnishing of materials, or servicing and maintenance work. The terms include, without limitation, buildings, structures, and
improvements of all types, such as bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power-
lines, pumping stations, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys,je-tties, breakwaters,
levees, and canals; dredging, shoring, scaffolding, drilling, blasting, excavating, clearing, and landscaping. Unless conducted in
connection with and at the site of such a building or work as is described in the foregoing sentence, the manufacture or furnish-
ing of materials, articles, supplies, or equipment (whether or not a Federal or State agency acquires title to such materials,
articles, supplies, or equipment during the course of the manufacture or furnishing, or owns the materials from which they are
manufactured or furnished) is not a "building" or "work" within the meaning of the regulations in this part.
(b) The terms "construction," "prosecution," "completion," or "repair" mean all types of work done on a particular
building or work at the site thereof, including, without limitation, altering, remodeling, painting and decorating, the transport-
ing of materials and supplies to or from the building or work by the employees of the construction contractor or construction
subcontractor, and the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or
work, by persons employed at the site by the contractor or subcontractor.
(c) The terms "public building" or "public work" include building or work for whose construction, prosecution, com-
pletion, or repair, as defined above, a Federal agency is a contracting party, regardless of whether title thereof is in a Federal
agency.
(d) The term "building or work financed in whole or in part by loans or grants from the United States" includes build-
ing or work for whose construction, prosecution, completion, or repair, as defined above, payment or part payment is made
directly or indirectly from funds provided by loans or grants by a Federal agency. The term does not include building or work
for which Federal assistance is limited solely to loan guarantees or insurance.
(e) Every person paid by a contractor or subcontractor in any manner for his labor in the construction, prosecution,
completion, or repair of a public building or public work or building or work financed in whole or in part by loans or grants
from the United States is "employed" and receiving "wages," regardless of any contractual relationship alleged to exist between
him and the real employer.
(f) The term "any affiliated person" includes a spouse, child, parent, or other close relative of the contractor or sub-
contractor; a partner or officer of the contractor or subcontractor; a corporation closely connected with the contractor or
subcontractor as parent, subsidiary or otherwise, and an officer or agent of such corporation.
(g) The term "Federal agency" means the United States, the District of Columbia, and all executive departments, in-
dependent establishments, administrative agencies, and instrumentalities of the United States and of the District of Columbia,
including corporations, all or substantially all of the stock of which is beneficially owned by the United States, by the District
of Columbia, or any of the foregoing departments, establishments, agencies, and instrumentalities.
Section 3.3 Weekly statement with respect to payment of wages.
(a) As used in this section, the term "employee" shall not apply to persons in classifications higher than that of laborer
or mechanic and those who are the immediate supervisors of such employees.
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(b) Each contractor or subcontractor engaged in the construction, prosecution, completion, or repair of any public
building or public work, or building or work financed in whole or in part by loans or grants from the United States, shall
furnish each week a statement with respect to the wages paid each of its employees engaged on work covered by 29 CFR
Parts 3 and 5 during the preceding weekly payroll period. This statement shall be executed by the contractor or subcon-
tractor or by an authorized officer or employee of the contractor or subcontractor who supervises the payment of wages, and
shall be on form WH 3449, "Statement of Compliance", or on an identical form on the back of WH 347, "Payroll (For Con-
tractors Optional Use:)" or on any form with identical wording. Sample copies of WII 347 and WH 348 may be obtained from
the Government contracting or sponsoring agency, and copies of these forms may be purchased at the Government Printing
Office.
(c) The requirements of this section shall not apply to any contract of $2,000 or less.
(d) Upon a written finding by the head of a Federal agency, the Secretary of Labor may provide reasonable limitations,
variations, tolerances, and exemptions from the requirements of this section subject to such conditions as the Secretary of
Labor may specify.
[29 F.R. 95, Jan. 4, 1964, as amended at 33 F.R. 10186, July 17, 19681
Section 3.4 Submission of weekly statements and the preservation and inspection of weekly payroll records.
(a) Each weekly statement required under § 3.3 shall be delivered by the contractor or subcontractor, within seven
days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the
site of the building or work, or, if there is no representative of a Federal or State agency at the site of the building or work,
the statement shall be mailed by the contractor or subcontractor, within such time, to a Federal or State agency contracting
for or financing the building or work. After such examination and check as may be made, such statement, or a copy thereof,
shall be kept available, or shall be transmitted together with a report of any violation, in accordance with applicable procedures
prescribed by the United States Department of Labor.
(b) Each contractor or subcontractor shall preserve his weekly payroll records for a period of three years from date of
completion of the contract. The payroll records shall set out accurately and completely the name and address of each laborer
and mechanic, his correct classification, rate of pay, daily and weekly number of hours worked, deductions made, and actual
wages paid. Such payroll records shall be made available at all times for inspection by the contracting officer or his authorized
representative, and by authorized representatives of the Department of Labor.
Section 3.5 Payroll deductions permissible without application to or approval of the Secretary of Labor.
Deductions made under the circumstances or in the situations described in the paragraphs of this section may be made
without application to and approval of the Secretary of Labor:
(a) Any deduction made in compliance with the requirements of Federal, State, or local law, such as Federal or State
withholding income taxes and Federal social security taxes.
(b) Any deduction of sums previously paid to the employee as a bona fide prepayment of wages when such prepayment
is made without discount or interest. A "bona fide prepayment of wages" is considered to have been made only when cash or
its equivalent has been advanced to the person employed in such manner as to give him complete freedom of disposition of the
advanced funds.
(c) Any deduction of amounts required by court process to be paid to another, unless the deduction is in favor of the
contractor, subcontractor or any affiliated person, or when collusion or collaboration exists.
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(d) Any deduction constituting a contribution on behalf of the person employed to funds established by the employer
or representatives of employees, or both, for the propose of providing either from principal or income, or both, medical or
hospital care, pensions or annuities on retirement, death benefits, compensation for injuries, illness, accidents, sickness, or
disability, or for insurance to provide any of the foregoing, or unemployment benefits, vacation pay, savings accounts, or
similar payments for the benefit of employees, their families and dependents: Provided, however, That the following standards
are met: (1) The deduction is not otherwise prohibited by law; (2) it is either: (i) Voluntarily consented to by the employee
in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the
obtaining of or for the continuation of employment, or (ii) provided for in a bona fide collective bargaining agreement be-
tween the contractor or subcontractor and representatives of its employees; (3) no profit or other benefit is otherwise obtained,
directly or indirectly, by the contractor or subcontractor or any affiliated person in the form of commission, dividend, or
otherwise; and (4) the deductions shall serve the convenience and interest of the employee.
(e) Any deduction contributing toward the purchase of United States Defense Stamps and Bonds when voluntarily
authorized by the employee.
(f) Any deduction requested by the employee to enable him to repay loans to or to purchase shares in credit unions
organized and operated in accordance with Federal and State credit union statutes.
(g) Any deduction voluntarily authorized by the employee for the making of contributions to governmental or quasi-
governmental agencies, such as the American Red Cross.
(h) Any deduction voluntarily authorized by the employee for the making of contributions to Community Chests,
United Givers Funds, and similiar charitable organizations.
(i) Any deductions to pay regular union initiation fees and membership dues, not including fines or special assessments:
Provided, however, That a collective bargaining agreement between the contractor or subcontractor and representatives of its
employees provides for such deductions and the deductions are not otherwise prohibited by law.
0) Any deduction not more than for the "reasonable cost" of board, lodging, or other facilities meeting the require-
ments of section 3(m) of the Fair Labor Standards Act of 1938, as amended, and Part 531 of this title. When such a deduction
is made the additional records required under § 516.27 (a) of this title shall be kept.
Section 3.6 Payroll deductions permissible with the approval of the Secretary of Labor.
Any contractor or subcontractor may apply to the Secretary of Labor for permission to make any deduction not per-
mitted under § 3.5. The Secretary may grant permission whenever he finds that:
(a) The contractor, subcontractor, or any affiliated person does not make a profit or benefit directly or indirectly from
the deduction either in the form of a commission, dividend, or otherwise;
(b) The deduction is not otherwise prohibited by law;.
(c) The deduction is either (1) voluntarily consented to by the employee in writing and in advance of the period in which
the work is to be done and such consent is not a condition either for the obtaining of employment or its continuance, or (2)
provided for in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of its
employees; and
(d) The deduction serves the convenience and interest of the employee.
9
HUD-3200 -
18.69)
Section 3.7 Applications for the approval of the Secretary of Labor.
Any application for the making of payroll deductions under § 3.6 shall comply with the requirements prescribed in the
following paragraphs of this section:
(a) The application shall be in writing and shall be addressed to the Secretary of Labor.
(b) The application shall identify the contract or contracts under which the work in question is to be performed. Per-
mission will be given for deductions only on specific, identified contracts, except upon a showing of exceptional circumstances.
(c) The application shall state affirmatively that there is compliance with the standards set forth in the provisions of
§ 3.6. The affirmation shall be accompanied by a full statement of the facts indicating such compliance.
(d) The application shall include a description of the proposed deduction, the purpose to be served thereby, and the
classes of laborers or mechanics from whose wages the proposed deduction would be made.
(e) The application shall state the name and business of any third person to whom any funds obtained from the pro.
posed deductions arc to be transmitted and the affiliation of such person, if any, with the applicant.
Section 3.8 Action by the Secretary of Labor upon applications.
The Secretary of Labor shall decide whether or not the requested deduction is permissible under provisions of § 3.6;
and shall notify the applicant in writing of his decision.
Section 3.9 Prohibited payroll deductions.
Deductions not elsewhere provided for by this part and which are not found to be permissible under § 3.6 are, prohibited.
Section 3.10 Methods of payment of wages.
The payment of wages shall be by cash, negotiable instruments payable on demand, or the additional forms of compensa-
tion for which deductions are permissible under this part. No other methods of payment shall be recognized on work subject
to the Copeland Act.
Section 3.11 Regulations part of contract.
All contracts made with respect to the construction, prosecution, completion, or repair of any public building or public
work or building or work financed in whole or in part by loans or grants from the United States covered by the regulations in
this part shall expressly bind the contractor or subcont-actor to comply with such of the regulations in this part as may be ap-
plicable. In this regard, see § 5.5 (a) of this subtitle.
-10.
ea. S. OOVEanmENr PRaiYala OFFICE : 1070 0 - 4344110 (e)
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD-3200A
(8.69)
AMENDMENT TO FEDERAL LABOR STANDARDS PROVISIONS, FORM HUD-3200
(FOR USE WITH RESIDENTIAL REHABILITATION LOAN CONTRACTS AUTHORIZED
UNDER SECTION 312 OF THE HOUSING ACT OF 1964, AS AMENDED)
Except as hereinafter provided, the term "Local Public Agency or Public Body" is used to refer to the
(Name of Local Public Agency)
Section 3 is revised to read as follows:
3. UNDERPAYMENTS OF WAGES OR SALARIES
In case of underpayment of wages by the Contractor or by any subcontractor to laborers or mechanics
employed by the Contractor or subcontractor upon the work covered by this Contract, the
(Name of Property Owner, Tenant, or Other Appropriate Designation)
in addition to such other rights as may be afforded it under this Contract may withhold from the Contractor,
out of any payments due the Contractor, so much thereof as the Local Public Agency or Public Body may
determine to be necessary to pay such laborers or mechanics the full amount of wages required by this Con-
tract. The amount so withheld shall be paid to the Local Public Agency or Public Body, which may disburse
such amount, for and on account of the Contractor or the subcontractor (as may be appropriate), to the respec-
tive laborers or mechanics to whom the same is due or on their behalf to plans, funds, or programs for any type
or fringe benefits prescribed in the applicable wage determination.
Section 5(c) is revised to read as follows:
(c) Withholding for liquidated damages. At the direction of the Local Public Agency or Public Body, the
(Name of Property Owner, Tenant, or Other Appropriate Designation)
shall withhold or cause to be withheld, from any moneys payable on account of work performed by the Contrac-
tor or subcontractor, such sums as may administratively be determined to be necessary to satisfy any liabili-
ties of such Contractor or subcontractor for liquidated damages as provided in the clause set forth in para-
graph (b).
Section 19 is revised to read as follows:
19. BREACH OF FOREGOING FEDERAL LABOR STANDARDS PROVISIONS
In addition to the causes for termination of this Contract as herein elsewhere set forth, the
(Name of Property Owner, Tenant, or OtherAppropriate Designation)
hereby reserves the right to terminate this Contract if the Contractor or any subcontractor whose subcontract
covers any of the work covered by this Contract shall breach any of these Federal Labor Standards Provisions.
A breach of these Federal Labor Standards Provisions may also be grounds for debarment as provided by the
applicable regulations issued by the Secretary of Labor, United States Department of Labor.
228710 HUD-Wash., D.C.
HUD-3200B
(8.69)
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
AMENDMENT TO FEDERAL LABOR STANDARDS PROVISIONS, FORM HUD-3200
(For Use With Nonresidential Rehabilitation Loan Contracts Authorized
Under Section 312 of the Housing Act of 1964, as Amended)
Except as hereinafter provided, the term "Public Body" is used to
refer to the
Name of Public Body
Section 3 is revised to read as follows:
3. UNDERPAYMENTS OF WAGES OR SALARIES
In case of underpayment of wages by the Contractor or by any
subcontractor to laborers or mechanics employed by the Contractor
or subcontractor upon the work covered by this Contract, the
Name of property owner, tenant, or other appropriate designation
in addition to such other rights as may be afforded under this
Contract may, upon receiving instructions from the Public Body,
withhold from the Contractor, out of any payments due the Contractor,
so much thereof as the Public Body may determine to be necessary to
pay such laborers or mechanics the full amount of wages required by
this Contract. The amount so withheld shall be paid by the Small
Business Administration per instructions by the Public Body, which
may disburse such amount, for and on account of the Contractor or the
subcontractor (as may be appropriate), to the respective laborers or
mechanics to whom the same is due or on their he;alf to plans, funds,
or programs for any type of fringe benefit prescribed in the applicable
wage determination.
Section 5(c) is revised to read as follows:
(c) Withholding for liquidated damages. At the direction of
the Public Body, the Small Business Administration, on behalf of
Name of property owner, tenant, or other appropriate designation
shall withhold or cause to be withheld, from any moneys payable on
account of work performed by the Contractor or subcontractor, such
sums as may administratively be determined to be necessary to satisfy
any liabilities of such Contractor or subcontractor for liquidated
damages as provides'. in the clause set forth in paragraph (b).
HUD-32008
(8.69) - 2
Section 19 is revised to read as follows:
19. BREACH OF FOREGOMG FEDERAL LABOR STANDARDS PROVISIONS
In addition to the causes for termination of this Contract as
herein elsewhere set forth, the
flame of property owner, tenant, or other
appropriate designation)
hereby reserves the right to terminate this Contract if the Contractor
or any subcontractor whose subcontract covers any of the work covered
by this Contract shall breach any of these Federal Labor Standards
Provisions. A breach of these Federal Labor Standards Provisions may
also be grounds for debarment as provided by the applicable regulations
issued by the Secretary of Labor, United States Department of labor.
219555 HUD-Wash.. D.C..
U.S. DEPART:•Mi,TT OF HOUSEIG PM) URH.Ul DEVELOP;;:ENT
A •ff1.Tii•~iiT TO F F.L`.ZMAL LABOR SD LARDS PROVISIONS
(For use with each and every invitation for bids, every
negotiation, request•for proposals, or request for
quotations for a Federal or federally assisted construc-
tion contract issued after January 30, 1972, and to
every such contract entered into on the basis of such
invitation or negotiation.)
Section 6 of Fora HUD-3200 is revised to read as follows:
6. IIrLOY~,%,ma- OF A?LRE TICES Aran i.ALI`-ES
(a) .-loorent;ces. Ancrentices will be permitted to work as such only
vhen they are re izzered, individually, under a bona fade apprentices'ni3
pro;_-am re,istered with a State aJ7renticeship a7en.Cy is rcCO:~ni:•°_.7 ti-
the E.ureau of :'._'pre ntices min and Training, U.S. Depart^e.^.t of or, if
no sdcn recognized a.ency exists in a State, under a me-ra- rezi_cLere(f •.;i',h
:lcprenti ces::ip _ ~.t ^ .,f L_:: or
the Bureau of _ and Trai.n ._n - , U.S. Departraen .
allowable ratio of apirentices to jo•:rney-en in any cra_t classi_-__tici- _.:?_l
not be Ereater than. tc:_ ratio pn_r..ittC. to .ne contractor as to en-;i- _
force under t.e re'-istered nro~r Any employee listed on a oa roll at an
y. 'Ice r0~-P is .1iG•f as i n n^ b.) of
app_ent_ce w*,o is not a tran..:. _ de_i..ed _.n subdiv... k
this s zra-ra or is no-. rc~istered as above, shall e nai= t... _ rete
determin.._ c :ecretarv of Labor for the Clas:7ifiC Lion. o ,:or: _Ct::!'
- DCTr OriBc^d. COn t_uCt Or. or :f .luCO.w_aCtor Rill be I'CC'- .rC_: to to t.'1°_
COGtTaCL_-:._ O_''C.°.r 'drlttCn Ce of t.... rP i StratiO`: of _5 .7
apprenticaS _ •.-L1 as : t1-_ arpropriate rat'_os and rates, -
of cons tructi'.'n prior t0 using, any apprentices on t~e contract
(b) Trai^ces. Trainees will be permitted to work as such they are
bona fide trainees employed _n:rsuant to a progran anproved bg the U.S. rt-
ment of labor, n-oo::eT ~ :in'_strztic^, Bureau of Apvrcnticeship -.nd Tra'_ nin.g,
and, where subdivision (iii) of.t_is Subparagraph is applicable, in accor~ ce
with the provisions of Part 5a of this subtitle.
(C) The D?2T3Se "laborer or :".eChanlC° as used in '1..9) 3c00 S^:.°_'•~
for Federal Labor Standards Provisions purposes the Categories of apprentices
and trainees.
i
U.S. DEPART: ENT OF HOUSUZ V,'D URDAPr' DEVELOE-ENT i
AMEP -MN'T TO FEDER.'U, U.3OR 0-T:u.rD.^12DS PROVISIONS
(For use vit.h ear: and every Federal or federall.-
assisted construction contract in excess of
10,000.)
Section 5 is revised to read as follows:
Insert as (d) the following:
(d)(1) In compliance with 29 C.F.R. §5a.3 as amended, the contractor agrees:
(i) That he will make a diligent e"P")rt to hire for the performance
of the contract a number of apprentices or trainees, or both, in each occupation,
which bears to the average n=b er of the journeymen in that occupation to be
employed in "he performance of. the contract the applicable ratio as determined
by the Secretar;, of Labor;
(ii) That he will assure that 25'percent of such apprentices or
trainees in eac'- occupation are in their first -rear of training, ::::ere feasible.
Feasibility :ere invol rem a consideration of (a) the availability of traininS
opportunities for first Year ap_,rCntiCCS, (b) the hazardous nature of the :4orr
for be~;innin-
I ker~ ^ (C) excessive 1ne:1Dl^:,•eIIt of apprentices in their second
a
, -
and subsequent years of training.
(iii) That during the Derformance of the contract he ;4111, to the
greatest extent possible, employ tre number of apprentices or trainees necesca r•
to meet currently the recuirements of subdivisions (i) and (ii) of this subpara-
graph. r-
(2) The contractor agrees to raintain records of employment by trade of
the number of apprentices and trainees, apprentices and trainees b;- first ;;ear
of trainin„ and of journeymen, and the waves paid and hours of wor'.: of such
apprentices, trainees and journeymen. The contractor agrees to mane these records
available _-for inspection upon request of the Department of Labor and the Federal
agency concerned.
(3) The contractor who claias compliance cased'on the criterion. stated
in §5a.4(b) agrees to maia_,,in records of employment, as described in e a.3(a)(2),
on non-Federal and nonfederally assisted construction vorii done duri_ =,V the _pc-for?_-
ance of this contract in the s ^e labor rarset area. The contractor agrees to
make these records available for inspectioi~ upon reauest of the Department of
Labor and the Federal agency concerned.
(4) The contractor agrees to supply one copy of the written notices
required in accordance with C58.4(c).at the request of Federal agency compliance
officers. The contractor also a;;rees to supply at 3-month intervals a::r_n;,
performance of the contract and after completion of contract performance a state-
ment describing. steps to:en toward ma king a diligent effort and containir., a
brew;-.down by craft, of hours worked and .:a-es ^aid for first year a^prentices a^
trainees, other apprentices and trainees, and journeyrscn. One coo-, of Lit= state-
ment -will be sent to ti:e agency concer net, and one to 'the SEcretar-1, Of 1;_60r.
1
_ - ' ' 'Tr
. 2
(5) The contractor a;rees to insert in any subcontract under this
contract the requiremerts contained in this paragraoh (2.~ CFcq 5a.3(a) (1),
(5) Sections =.4, 5a.5, 9a•6, -and 5a.7 shall also
(2), (3), (4), and
bc~attache-d to each such contract for the information of the contractor.
The term "contractor" as used in such clauses in any subcontract shall mean
the sLbcontractor. If
(b) The provisions of paragraph (a) of this section shall not apply
with regard to any contract, if the head of the Federal agency concerned
finds it likely that raking of the contract with the clauses contained in F
paragraph (a) of this section will prejudice the national security. I{
t
I
I
t
i
• U.S..D°PART:•LFNT OF HOUSING AIID URBAN DIET LOPXENT )
ft
PI-END,`-'NT TO FEDiL IABOR STANDrU.DS PRCVISIONS I
(For use with r_acn and every Federal or federally
assisted construction contract in excess of
$10,000.)
. k
Federal Labor Standards Provisions Attac-ments are amended by the addition of
the followinG excerpt from 29 CF3 o5a.4 et, sec.
29 CFR §5a.4, §5a.5, §5a.6, §5a.7 M
§5a.4 Criteria for measuring diligent effort.
A contras:tor gill be deemed to have made a "diligent' effort" as r?ouired
by §53.3 if d:irinZ the ner:or.^..ance of his contract he accomolishes at leas`., one
of the folllo-,:inS three objectives:
(a) The contractor en-ploys on this project a number of acprentices and
trainees by craft as required by the contract clauses at least equal to the
ratios estab] steel in accordance with §5a.5.
(b) The contractor employs on all h_s zulblic and nrivate, construction
work CC^bined in the i2abor _r °et• area of this ',"'eject average nu-
apprentices and trainees by craft as required by',.-;e contract clauses, at least
equal to tee ratios established in accordance :•;ith 5a.5.
(c)(1) Before ccamencement of work on the "O~ect, the contractor if
Covered by a collective '--arZai nil n= agreement -.74-11 -_C2 notice to all
Joint apnrenti Ceshio co.^.Lmittees: the local U.S. ^ioyC.ent Sz.curity Of='ce;
local chapter of the Urban Lca-;ue, Iorkcrs Defense~lea~-.~e, or :,thcr local
Organization ccnc---.^.ed :alt: .1_ROrity °r..?loj-eat; as the Bureau of :ioDrea~iCe-
ship and Trairin. •eprese:aative, U.S.Dezartment of .-.-tor, for the localit;r.
The Contractor if not covered by a co'_lecti've bar ainin aUree^ent zive
written ..^.Ot1CE to 211 t:1C -'r oups stated ab07e e:i0ent Joint a. _C..,.icea in Co%-
ciittees; this contractor also will notify all nnn-joint apprenticesnip sporsdrs
in the labor arket area.
(2) The notice will i:iclude at least the contractor's ^ .._me and address,
the fob site address, value of contract, expected startin; and completion. :._..cs,
the estimated average number of employees in each OCcanation to 'Le emjicycd^ove_r
the duration of ` _ contract, and a stBtC':ent of nis -.•illia7:`es: to a
number of apprentices and trainees at leastequalto the ratios establish°_d in
in accordance with 55a.5.
(3) The contractor must cmDloy all a;:alified applicants referred to him
through normal channels (such a^ the Employment Service, ce Join` An-re-a icc-
ship Co-raittecs and where ap- l o_lcabl
_e,Minority -ar-iz tiors and acuren.___
outreach pro:-rams ciao cave been dele ated this fanction) at least up t
n_mcer of such apprentices and trainees- required by the applicable trovision of
S5a.5. _
- .r
- 2 '
§~a.5 Determination of ratios of apprentices or trainees to journeym^-n. tI
The Secretary of Labor.has determined that the applicnble ratios of l~
apprentices and trainees to journeymen in any occupation shall be as follovs: it
!
(a) In any occupation. the applicable ratio of apprentices and trainees to i
journey:-.en shall be eaual to the predominant ratio for the occupation in tine
area uncre the construction is to be uiderta':en, set forte in collective I
bargaininS agreements or other employment aJrce.ments, and available tarou h
the ReSional b,ana er for the Bureau of Apprenticeship and Training for the
applicable area.
(b) For any occupation £--r vhich no such ratio is foi:nd, the ratio of j
apprentices and trainees to journeymen shall be determined by the contractor (
in accordance with the recommendations set forth in the standards of the !
Vational Joint 1-npre--.Lice Col itteC for tae occupation, LC:ch are filed -..lit',
the U.S. De AirLment of Labor`s Bureau of Apprenticeship and Traininz. t
I
(c) For an„ occupation for ;hich no such reco mendations are found, the
ratio of apprentices and trainees to jou2•re;-en shall be at least one anpre ;
tice or trainee for every five journeymen, i
§5a.6 Variations., tolerances, and exepptions. }
L
Variations, tolerances, and exemhtiors from any requirement of tails part
path respect to any contract or subcontract r.. be ~7ranted wider. sue; action
GCes2ary i
1S n and DroL~e=' the nAh?1C interest, or to rrc :•e.^.t 1^.jUSt2Ce, or F
undue hardS:r°~u-st f r a variation, tolerance, or exemption .:gay b_
made in r.ritino by any in crested persotl to file Secretary, U.S. Department of c
Labor, ;eashinSton, J.C. 20210.
§5a.7 Enforcement.
(a) Each Federal aZency concerned s^ali insure that the contract clauses c.
required by 5a.3 of are inserted in ever;;' Federal or fedcra~ assisted con-
' struction contract subject tereto. Federal a-encies adrinisterin assistance
pro-r,rams for conctruction ':1J for e:aich tlc.y do not contract directly S all
promul.:;ate re,Ulatio.^.s and nroce-cures ne CeSs?r7 to insn e ti-at contracts for--
the CJnStTUCt1Cn r;7r' SllDj2Ct to f a.3(a) hill cont2-in 20 clauses required
thereby.
(b) Enforcement activities, including the investiCation of complaints of
violations, to assure compliance with the-reeuirements of `his part all be
the primary duty of the Federal agency awzrdi.^._ the contract or provid;n:- the
Federal assistance. Th_ Depa_•tment of Labor will coordin to its cffo,`,
::ita
the Federal a:.~encies, as may be necessary, to assure consistent enforcement of
the requircmcn-ts of t:_;s part. Enforcernent of these provisions shall be in '
accordance with the u>rocedures outlined. in
- L~5.6 of Part 7 of this subtit'_e.
Effective date. The provisions of this part shall be applicable to every !
invitation for bids, and to every neSotiation, request for rooosals, or request
for quotations, for an F-der3t _ ;
. Or COnS tr;Ct
ion contract,
issued after .;n•'.;~,„.• ~,j
;Ind to ever.. suca,contir_lct entered into on tae ~
O suc:: in✓t.. a i
I
• 'I
,f
Effective date. TYe provisions of this part shall be applicable to
proposals,
every invitation for bids, and to every ne.-otiatior., _egi~est for ?
Federal or federally assisted construction
or request for quotations, fora ' such contract entered
contract, issued after January 30, 197?, and to every
into on the basis of such invitation or nefotiation.
i
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