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Federal Labor Standards Provisions
U.S. Department of Housing and Urban Development
Office of Labor Relations
Previous editions are obsolete
form HUD-4010 (06/2009) ref. Handbook 1344.1
Applicability
The Project or Program to which the construction 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 applicable to such Federal assistance.
A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, will
be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any
account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof)
due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of
Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be
alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably
anticipated for bona fide fringe benefits under Section l(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 29 CFR
5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often
than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination
for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4).
Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for
each classification for the time actually worked therein: Provided, That the employer’s payroll records accurately set
forth the time spent in each classification in which work is performed. The wage determination (including any
additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-
1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and
accessible, place where it can be easily seen by the workers.
(ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be
employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an
additional classification and wage rate and fringe benefits therefor only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage
determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage
rates contained in the wage determination.
(b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated
for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the
Administrator of the Wage and Hour Division, Employment Standards Administration, 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 control number 1215-0140.)
(c) In the event the contractor, the laborers or mechanics to be employed 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 appropriate), HUD or its designee shall refer the questions, including the views of all
interested parties and the recommendation of HUD or its designee, 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 Control Number 1215-0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or
(c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the
first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a
fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the
wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part
of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide
fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request
of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may
require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or
program. (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 Department of Labor withhold or cause to be withheld from the contractor under this contract
or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to
Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued
payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices,
trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the
contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed
or working on the site of the work, 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 have ceased. HUD or its
designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the
contractor or subcontractor to the respective employees to whom they 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 relating thereto shall be maintained by the contractor
during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working
at the site of the work. Such records shall contain the name, address, and social security number of each such
worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section l(b)(2)(B) of
the Davis-bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid.
Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic
include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in
Section l(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to
provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program
has been communicated in writing to the laborers or mechanics affected, and records which show the costs
anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees
under approved programs shall maintain written evidence of the registration of apprenticeship programs and
certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates
prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control
Numbers 1215-0140 and 1215-0017.)
(ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all
payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the
contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD
or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be
maintained under 29 CFR 5.5(a)(3)(i) except that full social security numbers and home addresses shall not be
included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number
for each employee (e.g., the last four digits of the employee’s social security number). The required weekly payroll
information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the
Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The
prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and
subcontractors shall maintain the full social security number and current address of each covered worker, and shall
provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not
such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for
transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the Department of Labor for
purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this
subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to
the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the
Office of Management and Budget under OMB Control Number 1215-0149.)
(b) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or
subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract
and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5
(a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is
correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during
the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that
no deductions have been made either directly or indirectly from the full wages earned, other than permissible
deductions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash
equivalents for the classification of work performed, as specified in the applicable wage determination incorporated
into the contract.
(c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-
347 shall satisfy the requirement for submission of the “Statement of Compliance” required by subparagraph
A.3.(ii)(b).
(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 subparagraph A.3.(i) available for
inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of
Labor, and shall permit such representatives to interview employees during working hours on the job. If the
contractor or subcontractor fails to submit the required records or to make them available, 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
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 apprenticeship program
registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship
Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a
person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but who has been certified by the Office of
Apprenticeship Training, Employer and Labor Services or a State Apprenticeship 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
otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination
for the classification of work actually performed. In addition, any apprentice performing work on the job site in
excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed. Where a contractor is performing construction on a project in a
locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the
journeyman’s hourly rate) specified in the contractor’s or subcontractor’s registered program shall be observed.
Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’s level
of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable classification. If the Administrator determines that a different
practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that
determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State
Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor
will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and individually registered in a
program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor,
Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater
than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid
at not less than the rate specified in the approved program for the trainee’s level of progress, expressed as a
percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid
fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention
fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for
apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training
plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate
on the wage determination 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 determination for the work actually performed. In the event the Employment and Training Administration
withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than
the applicable predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5
shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended,
and 29 CFR Part 30.
5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR
Part 3 which are incorporated by reference in this contract
6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in
subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or its designee may by appropriate
instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for
the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph.
7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for
termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-
Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract
9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract
shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with
the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this
clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S.
Department of Labor, 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 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.
(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 Housing Administration transactions”, provides in
part: “Whoever, for the purpose of . . . influencing 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 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 employee 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.
B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where the
amount of the prime contract exceeds $100,000. As used in this paragraph, the terms “laborers” and “mechanics”
include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which
may require or involve the employment of laborers or mechanics shall require or permit any such laborer or
mechanic in any workweek in which the individual is employed on such work to work 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 the
basic rate of pay for all hours worked in excess of 40 hours in such workweek.
(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 contractor and subcontractor shall be liable to the United States (in the case of
work done under contract for the District of Columbia or a territory, to such District or to such territory), for
liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph,
in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the
standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub
paragraph (1) of this paragraph.
(3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or
upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld,
from any moneys payable on account of work performed by the contractor or subcontractor under any such contract
or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be
determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses
in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or
lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph.
C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract
exceeds $100,000.
(1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health
standards promulgated by the Secretary of Labor by regulation.
(2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926
and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety
Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC 3701 et seq.
(3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be
binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the
Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such
provisions.
Davis-Bacon Wage Decision
General Decision Number: MN160034 08/26/2016 MN34
Superseded General Decision Number: MN20150034
State: Minnesota
Construction Type: Building
County: Dakota County in Minnesota.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes or apartments up to and including 4 stories).
Note: Under Executive Order (EO) 13658, an hourly minimum wage
of $10.15 for calendar year 2016 applies to all contracts
subject to the Davis-Bacon Act for which the solicitation was
issued on or after January 1, 2015. If this contract is covered
by the EO, the contractor must pay all workers in any
classification listed on this wage determination at least
$10.15 (or the applicable wage rate listed on this wage
determination, if it is higher) for all hours spent performing
on the contract in calendar year 2016. The EO minimum wage rate
will be adjusted annually. Additional information on contractor
requirements and worker protections under the EO is available
at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/08/2016
1 01/22/2016
2 03/04/2016
3 05/20/2016
4 06/17/2016
5 06/24/2016
6 07/01/2016
7 07/22/2016
8 07/29/2016
9 08/26/2016
ASBE0034-009 06/01/2016
Rates Fringes
ASBESTOS WORKER/HEAT & FROST
INSULATOR (Includes
application of all insulating
materials, protective
coverings, coatings &
finishes to all types of
mechanical systems)..............$ 35.11 29.89
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BOIL0647-007 01/01/2013
Rates Fringes
BOILERMAKER......................$ 32.40 25.37
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BRMN0001-049 05/01/2015
Rates Fringes
TILE SETTER......................$ 29.30 20.39
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BRMN0008-013 05/01/2016
Rates Fringes
BRICKLAYER.......................$ 36.02 18.40
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CARP0068-002 05/01/2015
Rates Fringes
LATHER...........................$ 36.45 16.40
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CARP0322-004 05/01/2009
Rates Fringes
CARPENTER (Including
Acoustical Installation,
Drywall Hanging & Form Work)
Non Wood Frame Construction.$ 31.79 16.10
Wood Frame Construction.....$ 28.83 8.92
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ELEC0110-013 07/01/2014
Rates Fringes
ELECTRICIAN (Low Voltage,
including wiring for Alarms)
Installer...................$ 24.67 11.78+a+b
Technician (Installation
of Controller)..............$ 35.24 11.91+a+b
FOOTNOTES:
a. 1 year service - 5 days paid vacation; 2 years service -
10 days paid vacation; 5 years service - 12 days paid
vacation; 7 years service - 14 days paid vacation; 9 years
service - 16 days paid vacation; 11 years service - 18 days
paid vacation; 12 years service - 20 days paid vacation
b. 8 Paid Holidays: New Year's Day; Memorial Day; 4th of
July; Labor Day; Thanksgiving Day; Day after Thanksgiving;
the normal work day preceding Christmas Day; & Christmas Day
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ELEC0110-014 05/01/2016
Rates Fringes
ELECTRICIAN......................$ 39.62 26.79
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ELEV0009-002 01/01/2016
Rates Fringes
ELEVATOR MECHANIC................$ 45.87 29.985
FOOTNOTE:
PAID VACATION: Employer contributes 8% of regular hourly
rate as vacation pay credit for employees with more than 5
years of service, and 6% for 6 months to 5 years of service.
PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day,
Labor Day, Veterans Day, Thanksgiving Day, Friday after
Thanksgiving, and Christmas Day.
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ENGI0049-042 05/01/2016
Rates Fringes
OPERATOR: Power Equipment
GROUP 1.....................$ 39.14 18.40
GROUP 2.....................$ 38.80 18.40
GROUP 3.....................$ 37.33 18.40
GROUP 4.....................$ 37.05 18.40
GROUP 5.....................$ 36.13 18.40
GROUP 6.....................$ 34.62 18.40
GROUP 7.....................$ 33.50 18.40
GROUP 8.....................$ 31.49 18.40
POWER EQUIPMENT OPERATOR CLASSIFICATIONS
GROUP 1: Truck & Crawler Crane with 200' of Boom & Over,
including Jib ($.50 premium with 300' of Boom & over,
including jib); & Tower Crane 250' & Over.
GROUP 2: Truck & Crawler Crane with 150' of Boom, up to but
not including 200' of Boom, including Jib; & Tower Crane
200' & Over.
GROUP 3: Traveling Tower Crane; Truck & Crawler Crane, up to
but not including 150' of Boom, including Jib; Tower Crane
(Stationary) up to 200'; All-Terrain Vehicle Crane, Boom
Truck over 100 ft, Dragline.
GROUP 4: Backhoe/Track/Trackhoe, Hoist (3 drums or more);
Overhead Crane (inside building perimeter), Excavator.
GROUP 5: Asphalt Spreader, Bulldozer, Curb Machine, Drill,
Forklift, Compressor 450 CFM or over (2 or more machines);
Boom Truck up to 100 ft, Loader over 1 cu yd, Hoist (1 or
2 drums); Mechanic, Milling Machine, Roller, Scraper,
Tractor over D2.
GROUP 6: Bobcat/Skid Loader, Loader up to 1 cu. yd., Tractor
D2 or similar size.
GROUP 7: Compressor 600 CFM or over, Crane Oiler, Self
Propelled Vibrating Packer.
GROUP 8: Oiler, Greaser (Tractor/Truck).
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* IRON0512-002 06/05/2016
Rates Fringes
IRONWORKER, ORNAMENTAL,
REINFORCING, AND STRUCTURAL......$ 36.00 24.90
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LABO0132-006 05/01/2016
Rates Fringes
LABORER (ASBESTOS ABATEMENT)
Removal from Floors, Walls
& Ceilings..................$ 32.41 17.44
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LABO0132-023 05/01/2016
Rates Fringes
LABORER
Group 1.....................$ 32.41 17.44
Group 2.....................$ 32.91 17.44
LABORERS CLASSIFICATIONS
GROUP 1 - Common or General Laborer, Asphalt Raker, Asphalt
Shoveler, Carpenter Tender, Concrete Saw, Form Stripping,
Mason Tender (Brick, Cement/Concrete), Plaster Tender,
Scaffold Builder (Brick and Masonry), Top Person, Vibrating
Plate
GROUP 2 - Pipelayer, Bottom Person
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PAIN0061-007 05/01/2014
Rates Fringes
Drywall
Finisher/Taper..............$ 32.18 18.01
Sander......................$ 24.14 18.01
PAINTER
Brush, Roller...............$ 33.17 18.17
Spray.......................$ 33.17 18.17
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PAIN1324-006 06/01/2015
Rates Fringes
GLAZIER..........................$ 37.49 14.30
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PLAS0265-005 06/01/2016
Rates Fringes
PLASTERER........................$ 31.39 21.52
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PLAS0633-054 05/01/2016
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 36.61 17.67
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PLUM0034-011 05/01/2016
Rates Fringes
PLUMBER (Excluding HVAC Pipe
Installation)....................$ 44.52 21.43
FOOTNOTE:
Paid Holiday: Labor Day
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PLUM0417-003 06/01/2016
Rates Fringes
SPRINKLER FITTER (Fire)..........$ 42.78 24.20
FOOTNOTE:
Paid Holidays: Memorial Day; July 4th; Friday before Labor
Day; Labor Day; Columbus Day; & Thanksgiving Day
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* PLUM0455-012 05/01/2016
Rates Fringes
PIPEFITTER.......................$ 38.13 28.53
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ROOF0096-022 05/01/2016
Rates Fringes
ROOFER...........................$ 35.91 15.82
FOOTNOTE: Paid Holiday - Labor Day
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SHEE0010-052 05/01/2009
Rates Fringes
SHEET METAL WORKER (Including
HVAC Duct and System
Installation)....................$ 38.46 18.34
FOOTNOTE: Paid Holiday: Labor Day
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TEAM0346-005 05/01/2015
Rates Fringes
TRUCK DRIVER
2-Axle Dump Truck...........$ 26.40 14.45
3-Axle Dump Truck...........$ 26.65 14.45
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SUMN2009-043 07/27/2009
Rates Fringes
INSTALLER - SIGN.................$ 20.32 5.05
LABORER: Landscape..............$ 12.88 4.61
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WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
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The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than "SU" or
"UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
----------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
================================================================
END OF GENERAL DECISION
PROVISIONS FOR FEDERALLY FUNDED CONTRACTS
I. SPECIAL EQUAL OPPORTUNITY PROVISIONS
Activities and Contracts Not Subject to Executive Order 11246, as Amended
II. (Applicable to Federally assisted construction contracts and related subcontracts of $10,000 and
under.)
During the performance of this contract, the contractor agrees as follows:
(1) The Contractor shall not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The Contractor shall take affirmative
action to ensure that applicants for employment are employed, and that employees are treated
during employment, without regard to their 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, including apprenticeship.
(2) The Contractor shall post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of this non-discrimination clause. The
Contractor shall state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, or national origin.
(3) Contractors shall incorporate the foregoing requirements in all subcontracts.
Executive Order 11245
(Applicable to Federally assisted contracts and related subcontracts of $10,000 and over.)
1. Section 202 Equal Opportunity Clause
During the performance of this contract, the contractor agrees as follows:
(A) 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 ensure that applicants are employed, and that employees are treated during
employment, without regard to their 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, including apprenticeship. The contractor
agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this non-discrimination clause.
(B) The contractor will, in all solicitations or advertisements for employees placed by or on behalf
of the contractor, state that all qualified applicants will receive consideration without regard to
race, color, religion, sex, or national origin.
(C) The contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice advising the said
labor union or workers’ representatives of the contractor’s commitment under this section,
and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
(D) The contractor will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(E) The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records, and accounts by the Department
and the Secretary of Labor for purposes of investigation to ascertain compliance with such
rules, regulations, and others.
(F) In the event of the contractor’s non-compliance with the non-discrimination clauses of this
contract or with any of the said rules, regulations, or orders, this contract may be cancelled,
terminated, or suspended in whole or in part and the contractor may be declared ineligible in
part and the contractor may be declared ineligible for further Government contracts in
accordance with procedures authorized 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.
(G) The contractor will include the provisions of the sentence immediately preceding paragraph
(A) and the provisions of paragraphs (A) through (G) 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 any subcontract or purchase order as the Department may direct as a means of enforcing
such provisions, including sanctions for non-compliance. Provided, however, that in the
event a contractor becomes involved in, or is threatened with, litigation with a subcontractor
or vendor as a result of such direction by the Department, the contractor may request the
United States to enter into such litigation to protect the interest of the United States.
2. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity
(Executive Order 11246).
(A) The Offer’s or Bidder’s attention is called to the “Equal Opportunity Clause” and the
“Standard Federal Equal Employment Opportunity Construction Contract Specifications” set
forth herein.
(B) The goals and timetables for minority and female participation, expressed in percentage terms
for the Contractor’s aggregate workforce in each trade on all construction work in the covered
area, are as follows:
Goals for Women / Minority Participation 5% Overall
Timetables: N/A
__________________________________________________________________________________________
These goals are applicable to all the Contractor’s construction work (whether or not it is
Federal or federally assisted) performed in the covered area.
The Contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-
4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative
action obligations required by the specifications set forth in 41- CFR 60-4.3 (a), and its efforts
to meet the goals established for the geographical area where the contract resulting from this
solicitation is to be performed. The hours of minority and female employment and training
must be substantially uniform throughout the length of the contract, and in each trade, and the
contractor shall make a good faith effort to employ minorities and women evenly on each of
its projects. The transfer of minority or female employees or trainees from Contractor to
Contractor or from project to project for the sole purpose of meeting the Contractor’s goals
shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part
60-4. Compliance with the goals will be measured against the total work hours performed.
(C) The Contractor shall provide written notification to the Director of the Office of Federal
Contract Compliance Programs within 10 working days of the award of any construction
subcontract in excess of $ 10,000 at any tier for construction work under the contract resulting
from this solicitation. The notification shall list the name, address and telephone number of
the subcontractor; employer identification number; estimated dollar amount of the
identification number; estimated dollar amount of the subcontract; estimated starting and
completion dates of the subcontract; and the geographical area in which the contract is to be
performed.
(D) As used in this Notice, and in the contract resulting from this solicitation, the “Covered Area”
is Dakota County, Minnesota.
3. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive
Order 11246)
(A) As used in these specifications:
(1) “Covered area” means the geographical area described in the solicitation from which this
contract resulted;
(2) “Director” means Director, Office of Federal Contract Compliance Programs, United
States Department of Labor, or any person to whom the Director delegates authority;
(3) “Employer identification number” means the Federal Social Security number used on the
Employer’s Quarterly Federal Tax Return, U.S. Treasury Department Form 941.
(4) “Minority” includes:
(a) Black (all persons having origins in any of the Black African racial groups not of
Hispanic origin);
(b) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American
or other Spanish Culture or origin, regardless of race);
(c) Asian and Pacific Islander (all persons having origins in any of the original peoples
of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands): and
(d) American Indian or Alaskan Native (all persons having origins in any of the original
peoples of North American and maintaining identifiable tribal affiliations through
membership and participation or community identification).
(B) Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work
involving any construction trade, it shall physically include in each subcontract in excess of
$10,000 the provisions of these specifications and the Notice which contains the applicable
goals for minority and female participation and which is set forth in the solicitations from
which this contract resulted.
(C) If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved
by the U.S. Department of Labor in the covered area either individually or through an
association, its affirmative action obligations on all work in the Plan area (including goals and
timetables) shall be in accordance with that for those trades which have unions participating
in the Plan. Contractors must be able to demonstrate their participation in and compliance
with the provisions of any such Hometown Plan. Each Contractor or subcontractor
participating in an approved Plan is individually required to comply with its obligations under
the EEO clause, and to make good faith effort to achieve each goal under the Plan in each
trade in which it has employees. The overall good faith performance by other Contractors or
Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor’s
or Subcontractor’s failure to take good faith efforts to achieve the Plan goals and timetables.
(D) The Contractor shall implement the specific affirmative action standards provided in
paragraphs (G)(1) through (16) of these specifications. The goals set forth in the solicitation
from which this contract resulted are expressed as percentages of the total hours of
employment and training of minority and female employees the Contractor should reasonably
be able to achieve in each construction trade in which it has employees in the covered area.
The Contractor is expected to make substantially uniform progress toward its goals in each
craft during the period specified.
(E) Neither the provisions of any collective bargaining agreement, nor the failure by a union with
whom the Contractor has a collective bargaining agreement, to refer either minorities or
women shall excuse the Contractor’s obligations under these specifications, Executive Order
11246, or the regulations promulgated pursuant thereto.
(F) In order for the non-working training hours of apprentices and trainees to be counted in
meeting the goals, such apprentices and trainees must be counted in meeting the goals, such
apprentices and trainees must be employed by the Contractor during the training period, and
the Contractor must have made a commitment to employ the apprentices and trainees at the
completion of their training, subject to the availability of employment opportunities. Trainees
must be trained pursuant to training programs approved by the U.S. Department of Labor.
(G) The Contractor shall take specific affirmative actions to ensure equal employment
opportunity. The evaluation of the Contractor’s compliance with these specifications shall be
based upon its efforts to achieve maximum results from its actions. The Contractor shall
document these efforts fully, and shall implement affirmative action steps at least as extensive
as the following;
(1) Ensure and maintain a working environment free of harassment, intimidation, and
coercion at all sites, and in all facilities at which the Contractor’s employees are
assigned to work. The Contractor shall specifically ensure that all foremen,
superintendents, and other on-site supervisory personnel are aware of and carry out the
Contractor’s obligation to maintain such a working environment, with specific
attention to minority or female individuals working at such sites or in such facilities.
(2) Establish and maintain a current list of minority and female recruitment sources,
provide written notification to minority and female recruitment sources and to
community organizations when the Contractor or its unions have employment
opportunities available, and maintain a record of the organizations’ responses.
(3) Maintain a current file of the names, addresses and telephone numbers of each minority
and female off-the-street applicant and minority or female referral from a union, a
recruitment source or community organization and of what action was taken with
respect to each such individual. If such individual was sent to the union hiring hall for
referral and was not referred back to the Contractor by the union or, if referred, not
employed by the Contractor, this shall be documented in the file with the reason
therefor, along with whatever additional actions the Contractor may have taken.
(4) Provide immediate notification to the Director when the union or unions with which
the Contractor has a collective bargaining agreement has not referred to the Contractor
a minority person or woman sent by the Contractor, or when the Contractor has other
information that the union referral process has impeded the Contractor’s efforts to meet
its obligations.
(5) Develop on-the-job training opportunities and/or participate in training programs for
the area which expressly include minorities and women, including upgrading programs
and apprenticeship needs, especially those programs funded or approved by the
Department of Labor. The Contractor shall provide notice of these programs to the
sources compiled under (G)(2) above.
(6) Disseminate the Contractor’s EEO policy by providing notice of the policy to unions
and training programs and requesting their cooperation in assisting the Contractor in
meeting its EEO obligations; by including it in any policy manual and collective
bargaining agreement; by publicizing it in the company newspaper, annual report, etc.;
by specific review of the policy with all management personnel and with all minority
and female employees at least once a year; and by posting the company EEO policy on
bulletin boards accessible to all employees at each location where construction work is
performed.
(7) Review, at least annually, the company’s EEO policy and affirmative action
obligations under these specifications with all employees having any responsibility for
hiring, assignment, layoff, termination or other employment decisions including
specific review of these items with onsite supervisory personnel such as
Superintendents, General Foremen, etc., prior to the initiation of construction work at
any job site. A written record shall be made and maintained identifying the time and
place of these meetings, persons attending, subject matter discussed, and disposition of
the subject matter.
(8) Disseminate the contractor’s EEO policy externally be including it any advertising in
the news media, specifically including minority and female news media, and providing
written notification to and discussing the Contractor’s EEO policy with other
Contractors and Subcontractors with whom the Contractor does or anticipates doing
business.
(9) Direct its recruitment efforts, both oral and written, to minority, female and community
organizations, to schools with minority and female students and to minority and female
recruitment and training organizations serving the Contractor’s recruitment area and
employment needs. Not later than one month prior to the date for the acceptance of
applications for apprenticeship or other training by any recruitment source, the
Contractor shall send written notification to organizations such as the above, describing
the openings, screening procedures, and tests to be used in the selection process.
(10) Encourage present minority and female employees to recruit other minority persons
and women and, where reasonable, provide after school, summer and vacation
employment to minority and female youths both on the site and in other areas of a
Contractor’s work force.
(11) Validate all tests and other selection requirements where there is an obligation to do so
under 41 CFR part 60-3.
(12) Conduct, at least annually, an inventory and evaluation at least of all minority and
female personnel for promotional opportunities and encourage these employees to seek
or to prepare for, through appropriate training, etc., such opportunities.
(13) Ensure that seniority practices, job classifications, work assignments and other
personnel practices, do not have a discriminatory effect by continually monitoring all
personnel and employment related activities to ensure that the EEO policy and the
Contractor’s obligations under these specifications are being carried out.
(14) Ensure that all facilities and company activities are non-segregated except that separate
or single-user toilet and necessary changing facilities shall be provided to assure
privacy between the sexes.
(15) Document and maintain a record of all solicitations of offers for subcontracts from
minority and female construction contractors and suppliers, including circulation of
solicitations to minority and female contractor associations and other business
associations.
(16) Conduct a review, at least annually, of all supervisors’ adherence to and performance
under the Contractor’s EEO policies and affirmative action obligations.
(H) Contractors are encouraged to participate in voluntary associations which assist in fulfilling
one or more of their affirmative action obligations [(G)(1) through (16)]. The efforts of a
contractor association, joint contractor-union, contractor-community, or other similar groups
of which the contractor is a member and participant, may be asserted as fulfilling any one or
more of its obligations as enumerated above provided that the Contractor actively participates
in the group, makes every effort to assure that the group has a positive impact on the
employment of minorities and women in the industry, ensures that the concrete benefits of the
program are reflected in the Contractor’s minority and female workforce participation, makes
a good faith effort to meet its individual goals and timetables, and can provide access to
documentation which demonstrates the effectiveness of actions taken on behalf of the
Contractor.
(I) A single goal for minorities and a separate single goal for women have been established. The
Contractor, however, is required to provide equal employment opportunity and to take
affirmative action for all minority groups, both male and female, and all women, both
minority and non-minority. Consequently, the Contractor may be in violation of the Executive
Order if a particular group is employed in a substantially disparate manner (for example, even
though the Contractor has achieved its goals for women generally, the Contractor may be in
violation of the Executive Order if a specific minority group of women is underutilized).
(J) The Contractor shall not use the goals and timetables or affirmative action standards to
discriminate against any person because of race, color, religion, sex, or national origin.
(K) The Contractor shall not enter into any subcontract with any person or firm debarred from
Government contracts pursuant to Executive Order 11246.
(L) The Contractor shall carry out such sanctions and penalties for violation of these
specifications and of the Equal Opportunity Clause, including suspension, termination and
cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive
Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract
Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties
shall be in violation of these specifications and Executive Order 11246, as amended.
(M) The Contractor, in fulfilling its obligations under these specifications, shall implement
specific affirmative action steps, at least as extensive as those standards prescribed in
paragraph (G) of these specifications, so as to achieve maximum results from its efforts to
ensure equal employment opportunity. If the Contractor fails to comply with the
requirements of the Executive Order, the implementing regulations, or these specifications,
the Director shall proceed in accordance with 41 CFR 60-4.8.
(N) The Contractor shall designate a responsible official to monitor all employment related
activity to ensure that the company EEO policy is being carried out, to submit reports relating
to the provisions hereof as may be required by the Government and to keep records. Records
shall at least include for each employee the name, address, telephone numbers, construction
trade, union affiliation if any, employee identification number assigned, social security
number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of
changes in status, hours worked per week in the indicated trade, rate of pay, and locations at
which the work was performed. Records shall be maintained in an easily understandable and
retrievable form; however, to the degree that existing records satisfy this requirement,
contractors shall not be required to maintain separate records.
(O) Nothing herein provided shall be constructed as a limitation upon the application of other
laws which establish different standards of compliance or upon the application of
requirements for the hiring of local or other area residents (e.g., those under the Public Works
Employment Act of 1977 and the Community Development Block Grant Program).
4. Segregated Facilities
The Contractor or Subcontractor will not maintain any facility which is provided for their
employees in a segregated manner or permit their employees to perform their services at any
location under their control where segregated facilities are maintained except that separate or
single user toilet and necessary changing facilities shall be provided to assure privacy between the
sexes.
Section 503 Handicapped
(Applicable to Federally assisted contracts and related subcontracts if $2,500 or over.)
1. Affirmative Action for Handicapped Workers
(A) The Contractor will not discriminate against any employee or applicant for employment because
of physical or mental handicap in regard to any position for which the employee or applicant for
employment is qualified. The Contractor agrees to take affirmative action to employ, advance in
employment and otherwise treat qualified handicapped individuals without discrimination based
upon their physical or mental handicap in all employment practices such as the following:
employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates
of pay or other forms of compensation, and selection for training, including apprenticeship.
(B) The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary
of Labor issued pursuant to the Act.
(C) In the event of the Contractor’s noncompliance with the requirements of this clause, actions for
noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the
Secretary of Labor issued pursuant to the Act.
(D) The Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices in a form to be prescribed by the Director, provided by or through the
contracting officer. Such notices shall state the Contractor’s obligation under the law to take
affirmative action to employ and advance in employment qualified handicapped employees and
applicants for employment, and the rights of applicants and employees.
(E) The Contractor shall notify each labor union or representative of workers with which it has a
collective bargaining agreement or other contract understanding, that the Contractor is bound by
the terms of Section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative
action to employ and advance in employment physically and mentally handicapped individuals.
(F) The Contractor will include the provisions of this clause in every subcontract or purchase order of
$2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to
Section 503 of the Act, so that such provisions will be binding upon each subcontractor or vendor.
The Contractor will take such action with respect to any subcontract or purchase order as the
Director of the Office of Federal Contract Compliance Programs may direct to enforce such
provisions, including action for non-compliance.
Section 402 Veterans of the Vietnam Era
(Applicable to Federally assisted contracts and related subcontracts of $10,000 or over.)
1. Affirmative Action for Disabled for Disabled Veterans and Veterans of the Vietnam Era
(A) The Contractor will not discriminate against any employee or applicant for employment because
he or she is a disabled veteran or veteran of the Vietnam Era in regard to any position for which
the employee or applicant for employment is qualified. The Contractor agrees to take affirmative
action to employ, advance in employment and otherwise treat qualified disabled veterans and
veterans of the Vietnam Era without discrimination based upon their disability or veteran status in
all employment practices such as the following: employment upgrading, demotion or transfer,
recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship.
(B) The Contractor agrees that all suitable employment openings of the Contractor which exist at the
time of the execution of this contract and those which occur during the performance of this
contract, including those not generated by this contract and including those occurring at an
establishment of the Contractor other than the one wherein the contract is being performed but
excluding those of independently operated corporate affiliates, shall be listed at an appropriate
local office of the State employment service system wherein the opening occurs. The Contractor
further agrees to provide such reports to such local office regarding employment openings and
hires as may be required.
State and local government agencies holding Federal contracts of $10,000 or more shall also list
all their suitable openings with the appropriate office of the State employment service, but are not
required to provide those reports set forth in paragraphs (D) and (E).
(C) Listing of employment openings with the employment service system pursuant to this clause shall
be made at least concurrently with the use of any other recruitment source or effort and shall
involve the normal obligations which attach to the placing of a bona fide job order, including the
acceptance of referrals for veterans and non-veterans. This listing of employment openings does
not require the hiring of any particular job applicant or from any particular group of job applicants,
and nothing herein is intended to relieve the Contractor from any requirements in Executive
Orders or regulations regarding non-discrimination in employment.
(D) The reports required by paragraph (B) of this clause shall include, but not be limited to, periodic
reports which shall be filed at lease quarterly with the appropriate local office or, where the
Contractor has more than on hiring location in a State, with the central office of the State
employment service. Such reports shall indicate for each hiring location (1) the number of
individuals hired during the reporting period, (2) the number of non-disabled veterans of the
Vietnam era hired, (3) the number of disabled veterans of the Vietnam era hired, and (4) the total
number of disabled veterans hired. The reports should include covered veterans hired for on-the-
job training under 38 U.S.C. 1787. The Contractor shall submit a report within 30 days after the
end of each reporting period wherein any performance is made on this contract identifying data for
each hiring location. The Contractor shall maintain at each hiring location copies of the reports
submitted until the expiration of one year after final payment under the contract, during which
these reports and related documentation shall be made available, upon request, for examination by
any authorized representatives of the contracting officer or of the Secretary of Labor.
Documentation would include personnel records respecting job openings, recruitment and
placement.
(E) Whenever the Contractor becomes contractually bound to the listing provisions of this clause, it
shall advise the employment service system in each State where it has establishments of the name
and location of each hiring location in the State. As long as the Contractor is contractually bound
to these provisions and has so advised the State system, there is no need to advise the State system
when it is no longer bound by this contract clause.
(F) This clause does not apply to the listing of employment openings which occur and are filled
outside the 50 states, the District of Columbia, Puerto Rico, Guam and the Virgin Islands.
(G) The provision of paragraphs (B), (C), (D), and (E) of this clause do not apply to openings which
the Contractor proposes to fill from within his own organization or to fill pursuant to a customary
and traditional employer-union hiring arrangement. This exclusion does not apply to a particular
opening once an employer decides to consider applicants outside of his own organization or
employer-union arrangement for that opening.
(H) As used in this clause:
(1) “All suitable employment openings” includes, but is not limited to openings which occur in
the following job categories: Production and non-production; plan and office; laborers and
mechanics; supervisory and non-supervisory; technical; and executive administrative, and
professional openings that are compensated on a salary basis of less than $25,000 per year.
This term includes full time employment, temporary employment of more than 3-days
duration, and part-time employment. It does not include openings which the contractor
proposes to fill from within his own organization or to fill pursuant to a customary and
traditional employer-union hiring arrangement nor openings in educational institutions which
are restricted to students of that institution. Under the most compelling circumstances an
employment opening may not be suitable for listing, including such situations where the
needs of the Government cannot reasonably be otherwise supplied, where listing would be
contrary to national security, or where the requirement of listing would otherwise not be in
the best interest of the Government.
(2) “Appropriate office of the State employment service system” means the local office of the
Federal-State national system of public employment offices with assigned responsibility for
serving the areas where the employment opening is to be filled, including the District of
Columbia, Guam, Puerto Rico, and the Virgin Islands.
(3) “Openings which the Contractor proposes to fill from within his own organization” means
employment openings for which no consideration will be given to persons outside the
Contractor’s organization (including any affiliates, subsidiaries, and the parent companies)
and includes any openings which the Contractor proposes to fill from regularly established
“recall” lists.
(4) “Openings which the Contractor proposes to fill pursuant to a customary and traditional
employer-union hiring arrangement” means employment openings which the Contractor
proposes to fill from union halls, which is part of the customary and traditional hiring
relationship which exists between the Contractor and representatives of his employees.
(I) The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary
of Labor issued pursuant to the act.
(J) In the event of the Contractor’s non-compliance with the requirements of this clause, actions for
non-compliance may be taken in accordance with the rules, regulations, and relevant orders of the
Secretary of Labor issued pursuant to the act.
(K) The Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices in a form to be prescribed by the Director, provided by or through the
contracting officer. Such notice shall state the Contractor's obligation under the law to take
affirmative action to employ and advance in employment qualified disabled veterans and veterans
of the Vietnam era, and the rights of applicants and employees.
(L) The Contractor will notify each labor union or representative of workers with which it has a
collective bargaining agreement or other contract understanding, that the contractor is bound by
the terms of the Vietnam Era Veterans Readjustment Assistance Act, and is committed to take
affirmative action to employ and advance in employment qualified disabled veterans and veterans
of the Vietnam Era.
(M) The Contractor will include the provisions of this clause in every subcontract or purchase order of
$10,000 or more unless exempted by rules, regulation, or orders of the Secretary issued pursuant
to the Act, so that such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontract or purchase order as the Director
of the Office of Federal Contract Compliance Programs may direct to enforce such provisions,
including action for noncompliance.
Section 109 of the Housing and Community Development Act of 1974.
1. No person in the United States shall on the grounds of race, color, national origin, or sex be excluded
from participation in, be denied the benefits of, or be subjected to discrimination under any program or
activity funded in whole or in part with funds made available under this title.
“Section 3” Compliance in the Provision of Training, Employment and Business Opportunities
1. The work to be performed under this contract is on a project assisted under a program providing direct
Federal financial assistance from the Department of Housing and Urban Development and is subject to
the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and
employment be given lower income residents of the project area and contracts for work in connection
with the project be awarded to business concerns which are located in, or owned in substantial part by
persons residing in the area of the project.
2. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued
pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR, Part 135
and all applicable rules and orders of the Department issued thereunder prior to the execution of this
contract. The parties to this contract certify and agree that they are under no contractual or other
disability which would prevent them from complying with these requirements.
3. The Contractor will send to each labor organization or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, if any, a notice advising the said
labor organization of workers’ representative of his commitments under this Section 3 clause and shall
post copies of the notice in conspicuous places available to employees and applicants for employment
or training.
4. The Contractor will include this Section 3 clause in every subcontract for work in connection with the
project and will, at the direction of the applicant for or recipient of Federal financial assistance, take
appropriate action pursuant to the subcontract upon a finding that the subcontractor is in a violation of
regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135. The
Contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter
has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract
unless the subcontractor has first provided it with a preliminary statement of ability to comply with the
requirements of these regulations.
5. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all
applicable rules and orders of the Department issued hereunder prior to the execution of the contract,
shall be a condition of the Federal financial assistance provided to the project, binding upon the
applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these
requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors
and assigns to those sanctions specified by the grant or loan agreement or contract through which
Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135.
III. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS
(Applicable to Federally assisted construction contracts and related subcontracts exceeding $100,000)
A. Compliance with Air and Water Acts
During the performance of this contract, the Contractor and all subcontractors shall comply with the
requirements of the Clean Air Act, as amended, 42 USC 1251 et seq., and the regulations of the
Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended.
In addition to the foregoing requirements, all non-exempt contractors and subcontractors shall furnish to the
owner, the following:
(1) A stipulation by the Contractor or subcontractors, that any facility to be utilized in the performance of
any non-exempt contract or subcontract, is not listed on the list of Violating Facilities issued by the
Environmental Protection Agency (EPA) pursuant to 40 CFR 15.20.
(2) Agreement by the Contractor to comply with all the requirements of Section 114 of the Clean Air Act,
as amended (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as
amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and information, as well as
all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines
issued thereunder.
(3) A stipulation that as a condition for the award of the contract, prompt notice will be given of any
notification received from the Director, Office of Federal Activities, EPA, indicating that a facility
utilized, or to be utilized for the contract, is under consideration to be listed on the EPA List of
Violating Facilities.
(4) Agreement by the Contractor that he will include, or cause to be included, the criteria and
requirements in paragraph (1) through (4) of this section in every non-exempt subcontract and
requiring that the Contractor will take such action as the Government may direct as a means of
enforcing such provisions.
III. CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE
AGREEMENTS
The undersigned certifies to the best of his or her knowledge and belief, that:
A. No Federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress in connection with the awarding of any Federal
Contract, the making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
B. If any funds other than Federally appropriated funds have been paid or will be paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any agency, a Member
of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form –LLL, “Disclosure Form to Report Lobbying,” in accordance
with its instructions.
C. The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontract, sub-grant, and contracts under grants,
loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a pre-requisite for making or entering into this
transaction imposed by Section 1332, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
STANDARD ASSURANCES
1. NON-DISCRIMINATION. During the performance of this Contract, the Consultant shall not
unlawfully discriminate against any employee or applicant for employment because of race, color, creed, religion,
sex, national origin, disability, sexual orientation, age, marital status or public assistance status. The Consultant will
take affirmative action to ensure that applicants are employed and that employees are treated during employment
without unlawful discrimination because of their race, color, creed, religion, sex, national origin, disability, sexual
orientation, age, marital status or public assistance status. 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
Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices
which set forth the provisions of this nondiscrimination clause.
The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of
Consultant, state that all qualified applicants will receive consideration for employment without regard to race,
creed, color, religion, sex, national origin, disability, sexual orientation, age, marital status, or public assistance
status.
No funds received under this Contract shall be used to provide religious or sectarian training or services.
The Consultant shall comply with any applicable federal or state law regarding non-discrimination. The
following list includes, but is not meant to limit, laws which may be applicable:
A. The Equal Employment Opportunity Act of 1972, as amended, 42 U.S.C. § 2000e et seq.
which prohibits discrimination in employment because of race, color, religion, sex or national origin.
B. Executive Order 11246, as amended, which is incorporated herein by reference, and
prohibits discrimination by U.S. Government Consultants and subcontractors because of race, color, religion, sex or
national origin.
C. The Rehabilitation Act of 1973, as amended, 29 U.S.C. § 701 et seq. and 45 C.F.R. 84.3
(J) and (K) implementing Sec. 504 of the Act which prohibits discrimination against qualified handicapped persons
in the access to or participation in federally-funded services or employment.
D. The Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq. as
amended, and Minn. Stat. § 181.81, which generally prohibit discrimination because of age.
E. The Equal Pay Act of 1963, as amended, § 29 U.S.C. § 206, which provides that an
employer may not discriminate on the basis of sex by paying employees of different sexes differently for the same
work.
F. Minn. Stat. Ch. 363, as amended, which generally prohibits discrimination because of
race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability,
sexual orientation or age.
G. Minn. Stat. § 181.59 which prohibits discrimination against any person by reason of race,
creed, or color in any state or political subdivision contract for materials, supplies or construction. Violation of this
section is a misdemeanor and any second or subsequent violation of these terms may be cause for forfeiture of all
sums due under the Contract.
H. Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 through 12213, 47 U.S.C.
§§ 225, 611, with regulations at 29 C.F.R. § 1630, which prohibits discrimination against qualified individuals on
the basis of a disability in term, condition or privilege of employment.
2. DATA PRIVACY. For purposes of this Contract all data created, collected, received, stored,
used, maintained, or disseminated by Consultant in the performance of this Contract is subject to the requirements of
the Minnesota Government Data Practices Act, Minn. Stat. Chapter 13 and the Minnesota Rules implementing the
Act now in force or hereafter adopted as well as the Federal laws on data privacy, and Consultant must comply with
those requirements as if it were a governmental entity. The remedies in section 13.08 apply to the Consultant.
Consultant does not have a duty to provide access to public data to the public if the public data are available from
the governmental agency (CDA), except as required by the terms of this Contract. All subcontracts shall contain the
same or similar data practices compliance requirements.
3. RECORDS DISCLOSURE/RETENTION. Consultant's bonds, records, documents, papers,
accounting procedures and practices, and other evidences relevant to this Contract are subject to the examination,
duplication, transcription and audit by the CDA and either the Legislative or State Auditor, pursuant to Minn. Stat.
§ 16C.05, subd. 5. Such evidences are also subject to review by the Comptroller General of the United States, or a
duly authorized representative, if federal funds are used for any work under this Contract. The Consultant agrees to
maintain such evidences for a period of six (6) years from the date services or payment were last provided or made
or longer if any audit in progress requires a longer retention period.
4. WORKER HEALTH, SAFETY AND TRAINING. Consultant shall be solely responsible for
the health and safety of its employees in connection with the work performed under this Contract. Consultant shall
make arrangements to ensure the health and safety of all subcontractors and other persons who may perform work in
connection with this Contract. Consultant shall ensure all personnel of Consultant and subcontractors are properly
trained and supervised and, when applicable, duly licensed or certified appropriate to the tasks engaged in under this
Contract. Each Consultant shall comply with federal, state and local occupational safety and health standards,
regulations and rules promulgated pursuant to the Occupational Health and Safety Act which are applicable to the
work to be performed by Consultant.