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Red Wing Housing and Redevelopment Authority
Jordan Towers I and II
IP Surveillance installation RFP
April 8, 2015
Table of Contents
Background and Scope
Instructions for Prospective Vendors
Evaluation Process
General Terms and Conditions Governing this RFP Process
Project Requirements and Specification
Response Format
Bid Pertinent
Approved Equipment
APPENDIX 1 1 Contractor-Owner Contract
APPENDIX 2 RFP Submission Form
APPENDIX 3 Section 3 Paperwork Requirements
APPENDIX 4 Additional Section 3 Information
APPENDIX 5 Davis-Bacon Wage Decision
APPENDIX 6 Making Davis-Bacon Work (Contractor Guide)
APPENDIX 7 HUD4010
APPENDIX 8 Code of Conduct
Building prints
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Attached
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This Request For Proposal (RFP) outlines the system requirements expected and
available workspace available to install an IP surveillance system.
Section 1: Background and Scope
SEC 1.A
Background Information:
The Red Wing Housing and Redevelopment Authority provides housing
opportunities to elderly, disabled, handicapped, and family households in
the city of Red Wing, Minnesota through a number of local, state, and
federal programs. In addition, the RWHRA provides community
redevelopment programs to assist in the development of businesses and
their properties in Red Wing.
Jordan Tower I is a 9 story high rise complex with 100 units. Jordan
Tower II is an 8 story high rise complex with 104 units. The Towers are
connected through a walkway. On each floor, there is a lounge off of the
elevator. On the main floor, Jordan Tower I has offices, community room,
library, laundry room and public restrooms. On the lower level of Jordan
Tower II there is a senior dining site for the community. In addition, there
are public restrooms, billiard room, movie area, craft room and computer
room. Floor 1 includes a lounge, laundry room and office. Between the
two complexes there is a courtyard. Both complexes have separate
parking lots. The HRA office and maintenance shop are located next to
Jordan Towers.
We operate our business with four values in mind:
1) Sustainability 2) Innovation 3) Initiatives 4) Transparency
A consultant, Asset Management, has been engaged to act as Client’s
representative throughout the term of this project. They will assist Red
Wing HRA in specifying the product, validating the installation
scheduling, quality, techniques used and ensuring that the installed system
meets the outlined Specifications defined in contract documents.
This project will be a turn-key system and bidding will be limited to
Integrators that can perform all of the work in the RFP, either
independently or through sub-contracted services.
Throughout this document, the following terminology will apply:
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Client refers to Jordan Towers I and II operated by the Red Wing HRA
(HRA).
Project refers to the work described in this document.
Consultant refers to Asset Management.
Vendor (or Bidder) refers to the company proposing goods and services in
response to this document.
SEC 1.B
Project Overview:
This Request for Proposal (“RFP”) seeks to procure a vendor(s) for the
supply, delivery, installation, employee training, and commissioning
of one IP Surveillance Networked System (IPSNS). The IPSNS will be
installed at the following location:
Jordan Tower I 433 West Fourth Street Red Wing MN 55066
Jordan Tower II (system MDF) 440 W Fifth Street Red Wing MN
55066
Red Wing HRA Office (review network switch) 428 W 5th Street
Red Wing MN 55066
While proposals are to be “Best and Final,” Red Wing HRA reserves the
right to negotiate with the successful vendor(s) for the supply and
installation of additional IPSNS and related equipment, should HRA
decide to expand this program beyond the sites indicated in this RFP.
SEC 1.C
Project Constraints:
Vendors are to consider the following constraints in their proposal:
 The Jordan Towers operate first and foremost as residence. Vendors
must be able to work out of the way of residents and will not be
allowed in private living areas.
 Ceiling: Jordan Tower II has a concrete ceiling on floors 1-8. The
ground level has a drop ceiling. Jordan Tower I has drop ceiling on
floor one and concrete ceilings on floor 2-9. Additional floor
penetrations will not be allowed. Vendor to determine proper wire path
to move from floor to floor.
 No new floor penetrations will be allowed between floors. Vendors
must utilize existing wire chases, floor openings, or external conduit.
 Conduit: 3” Conduit exists between Jordan Towers I and II across the
top of the walk way. It opens into open drop ceiling above each of the
Towers. 2” conduit exists between the maintenance building and
Jordan Tower II. Currently Coax and copper data is in the conduit.
Vendors should determine whether there is suitable fill space to meet
requirements. Vendors using existing conduit will be responsible for
any wire damage to existing wire due to cable pulling.
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Red Wing HRA Commissioners, Employees and independent
contractors are required to adhere to the code of conduct outlined in
addendum 1
Jordan Tower I IDF: Jordan Tower I IDF will be located in the boiler
pump room. Integrator must protect network gear with enclosure
specified in section [7]. Client agrees to have proper electrical outlets
available.
Jordan Tower II IDF / System MDF: Jordan Tower II IDF /System
MDF will be located in Jordan Tower II Electrical Room on the
ground floor. Integrator must protect network gear and server with
enclosure specified in section [7]. Client agrees to have proper
electrical outlets available.
Maintenance Shop IDF / Review Network IDF: Office IDF will be
located in the network / Satellite control room located in the
maintenance shop. This IDF will be the connection point between the
fiber between Jordan Tower II and this space and the office network
switch.
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Section 2: Instructions for Prospective Vendors
SEC 2.A
RFP Schedule
For the purposes of this RFP, HRA has established the following timing
deadlines for the completion of the RFP Process.
Schedule
RFP Release
Mandatory pre-bid walk through
Last day to submit questions and request
clarification (Questions Close)
Closing Date and Time
Date applicants will be notified of winning bid
SEC 2.B
Date & Time
4/15/2015
4/21/2015 11:00 am
04/24/2015
05/07/2015, 4:00 PM
6/11/2015
HRA Procurement Contact Name and Submission Address
Ronnelle Jaeger
Red Wing Housing and Redevelopment Authority
428 W 5th St
Red Wing, MN 55066
TEL 651-301-7011
EMAIL [email protected]
SEC 2.C
All questions, comments, or concerns regarding this document must be in
writing and shall be directed to the Consultant at [email protected]
no later than 7 days prior to the bid due date and time. Responses to these
questions shall be sent to all email addresses provided as indicated above
and a summary response of all questions will be sent once the question
period has expired.
SEC 2.D
Under no circumstances should any contractor contact the Client directly.
SEC 2.E
Submission Process
RFP submission responses or the proposal must be sent to HRA
Procurement Contact person named herein and should be clearly marked
“Response to Request for Proposal IP Surveillance Networked System
– CONFIDENTIAL”. The vendor’s name and return address must also
be clearly identified on the outside of each submission package.
It is the responsibility of each vendor to ensure that his or her proposal is
received on or before the Closing Date and Time identified in the RFP
Schedule. Requests for extensions of time will not be granted, except at
the discretion of HRA via an addendum.
For the purpose of calculating time, HRA clock at the prescribed location
for submission shall govern. Any proposal not received by the Closing
Date and Time will be disqualified and will be returned unopened. If the
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vendor’s address/contact information is not clearly identified on the front
exterior of the submission package, the proposal will be opened and the
first address visible in HRA’s sole discretion will be the address to which
it is returned. Vendors are responsible for the proper delivery of their
proposal to HRA. Delivery of the proposal shall be by physical delivery of
the documents and not by electronic transmission of any kind, including
facsimile transmission. All proposals submitted by the Closing Date and
Time become the property of HRA and will not be returned to the vendor.
Submission of the proposal constitutes consent by the vendor:
 To the disclosure of the proposal to such individuals in HRA, or
other parties as may be required for the purpose of reviewing the
proposal to determine the successful vendor and to administer the
RFP
 To allow HRA to make copies of the proposal received for the
review of the proposal or administration of the RFP
 To the retention by HRA of the proposal and any sample/prototype
SEC 2.F
Costs
Any and all costs and expenses incurred by the vendor in the development,
preparation, submission or presentation of this proposal, including oral
presentations or equipment, parts or machinery ordered in anticipation of
the selection or the execution of an agreement with HRA, or any other
liabilities incurred in anticipation of the selection or the execution of an
agreement with HRA, or otherwise related to their participation in this
RFP process will be borne by the vendor. The selection of any proposal, or
the rejection of any or all proposals, or the termination of this RFP
process, or initiation of a new RFP process shall not render HRA liable to
pay or reimburse any such costs or damages incurred by any vendor or any
partner or contractor of such vendor.
SEC 2.G
Questions and Inquiries
Notwithstanding anything contained in this document, each Vendor is
responsible for:
 verifying to their own satisfaction the accuracy and completeness
of the information provided
 ensuring that it has all the necessary information concerning the
intent and requirements of this RFP and project
 notifying HRA Procurement Contact in the submission
instructions:
o of any questions that the Vendor may have
o any ambiguity, error, omission, oversight or contradiction
contained in this document that affects the Vendor’s
ability to prepare its proposal.
All contact and questions in regards to this RFP must be made in writing
(by email) through the designated HRA Procurement Contact identified in
this document. Only information received from the designated HRA
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Procurement Contact will be considered valid and binding. No officer,
agent or employee of HRA is authorized to alter any portion of the RFP.
No information given by the phone or in person will be binding nor will it
be construed as a change to the requirements of the RFP in any way
including oral information or answers provided pursuant to any Vendor
briefing session. Where required by HRA, all requests for information or
instructions concerning the RFP and the preparation of proposals must be
sent in writing and received by HRA Procurement Contact at least five (5)
business days before the Closing Date.
All questions must include:
 Reference to the specific Section of the RFP and the point number
or clause in question
HRA reserves the right to distribute any and all questions, clarifications,
and responses or additional information to each of the participating
Vendors.
Each Vendor is requested to designate, as early as possible, one
individual to whom any additional information deemed relevant to the
RFP will be communicated.
Any attempt on the part of Vendors or any of their employees, servants,
agents, contractors or representatives or any person acting on behalf of or
in the interests of the Vendor to contact any of the following persons,
directly or indirectly with respect to this RFP will lead to disqualification
of the Vendor:
 Any member of HRA or Jordan Tower Staff
 Any expert or other advisor assisting the selection committee
Any exceptions to this requirement will be identified in writing to all
Vendors by HRA.
SEC 2.H
Addenda
During the period prior to the Closing Date, alterations or amendments
may be issued as written addenda. Information or instructions provided
may be issued as written addenda. Information or instructions provided to
a vendor that may, in the opinion of HRA, be of general interest, and any
other information or instructions that HRA may deem to be appropriate in
the circumstances, may be incorporated in an addendum to the RFP which
will be distributed to all eligible vendors by HRA Procurement Contact.
Any addendum issued as aforesaid by HRA will automatically become,
upon its issuance, an integral part of the RFP, provided that it is issued by
HRA and sent to eligible vendors at least three (3) business days prior to
the Closing Date. In response to an addendum issued, a vendor may
amend or withdraw its proposal prior to the Closing Date and Time.
Where no amendment or notice of withdrawal is received by HRA, the
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vendor will be deemed to have agreed to the terms of any such addendum
and rely on its proposals as delivered to HRA.
SEC 2.I
Incomplete Submissions
HRA may, in HRA’s sole discretion, disqualify any proposal that is
submitted by non-eligible vendors or that is incomplete or is otherwise not
submitted in accordance with the terms, conditions, and provisions of this
RFP. Without prejudice to this right, HRA may request clarification where
any vendor’s intent is unclear, and HRA expressly reserves the right to
waive any irregularity or request amendment where, in the opinion of
HRA, there is an irregularity or omission in the information. HRA’s right
to clarify includes the right to request additional or missing information.
The purpose of such clarification is to enable HRA to determine whether
the vendor’s proposal complies with the RFP. The right of clarification is
within the sole, complete and unfettered discretion of HRA. The right to
clarify does not impose upon HRA a requirement to clarify any part of a
proposal where the proposal is deficient or otherwise not acceptable in any
aspect.
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Section 3 Evaluation Process
SEC 3.A
Mandatory Requirements
Each proposal will be reviewed to ensure that all Mandatory Requirements
as set forth in the RFP have been met. Proposals that are incomplete or
that do not meet one or more of the mandatory requirements will not be
further considered and will not be eligible for selection, at the sole
discretion of HRA.
SEC 3.B
General Requirements
General Requirements include information about the vendor including but
not limited to insurance, taxes, economic benefit and health and safety.
Vendors must demonstrate:
 Davis Bacon wage compliance
 Adhere to HRA Code of Conduct (Appendix 8)
 Comply with Contractor-Owner Contract (Appendix 1)
SEC 3.C
Evaluated Criteria
Equipment listed in Section 8 are accepted. HRA will evaluate that proper
equipment part numbers and models are proposed.
 References: HRA reserves the right, at its sole discretion to contact
references and/or use references in the vendor selection process.
HRA may consider quality of work previously provided by the
vendor to HRA.
SEC 3.D
Price Evaluation
As all equipment proposed should be equal, analysis and evaluation of
proposed pricing is conducted in conjunction equal to evaluation of
requirement and criteria evaluation. HRA considers the total cost of
ownership that incorporates all elements of the cost of the goods and/or
services to HRA.
SEC 3.E
Due Diligence
HRA reserves the right to request information for the purpose of doing a
due diligence review. This may include, but is not limited to, information
on:
 organization, authority, existence
 capital structure, ownership
 credit facilities, defaults
 litigation, regulatory compliance
 material contracts, commitments
 financial information
 physical and logical security policies and procedures
 criminal background and credit checks
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At any time prior to contract award or pursuant to this RFP, this
information may be requested about the vendor, the vendor’s owners,
including shareholders, members, officers, Commissioners, partners, all
employees, subcontractors and other related parties. HRA and/or its agent
may conduct such reviews as are necessary to assist in determining the
vendor’s ability to provide the necessary goods and/or services. HRA
and/or its agent reserve the right to conduct an audit of the selected vendor
to determine whether or not the provisions of this RFP and any subsequent
contract or agreement are being complied with.
SEC 3.F
Recommendation and Selection
Proposals will be received and reviewed by an evaluation committee,
appointed by HRA, which may include consultants or other third parties.
The evaluation committee may seek the advice and assistance of third
party consultants. The evaluation committee will submit its
recommendation to the Board of Commissioners of Red Wing HRA. The
Board of Commissioners is not obligated to accept the recommendation(s)
of the evaluation committee. The Board of Commissioners may substitute
its own opinion and is not restricted in what information or materials it can
consider in reviewing the recommendation(s) of the evaluation committee.
The Board of Commissioners will render the final decision.
SEC 3.G
Negotiations
Notwithstanding any other provision contained in this RFP or a vendor’s
proposal, selection of a proposal does not guarantee a contract with HRA;
rather, selection of a vendor’s proposal initiates the process of negotiations
which may lead to a contract with HRA to provide the goods and/or
services described in the RFP. Any vendor, whose response to this RFP
has been selected, must be prepared to negotiate a contract with HRA.
Such contract shall be non-exclusive for the supply of the goods and/or
services that are subject of this RFP.
SEC 3.H
Termination/Completion of Process
Notwithstanding any other provision of this RFP, HRA may at any time,
in its sole discretion:
 Terminate the process herein in whole or in part at any time and
for any reason whatsoever, without prior notice
 Not proceed with all or any part of the process
 Adopt varying timetables for the completion of the process herein
or the provision of the goods and/or services contemplated herein
 Acquire the goods and/or services contemplated herein or any part
thereof from one vendor alone or, if HRA deems appropriate, such
goods and/or services or any part thereof may be divided and
acquired from more than one vendor
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Initiate a new process for the goods and/or services contemplated
herein (and HRA will not necessarily invite each vendor to submit
a proposal for any such new process);
Conduct negotiations with any and all selected “short listed”
vendor(s) (the Frontrunner(s)”) to amend or modify their
proposal(s), which negotiations may include but are not limited to:
price, payment and financial details, alteration or addition to, or
deduction from goods and/or services to be provided, including
any proposed alternative services, ideas or suggestions, and
contract details including terms of agreement, without offering
there vendors the right to amend their proposals. HRA may, in its
sole discretion, impose time limits on negotiations with any
Frontrunner(s). In the event that any or all Frontrunner(s) are
unable to successfully complete negotiations with an alternate
vendor or vendors, or proceed with any combination of 1-6 above;
or
Proceed with any combination of the above bulleted points in
section 3.J
SEC 3.I
Acceptance Period
Notwithstanding the close of the RFP process in accordance with the
above, all proposals submitted including prices quoted, whether or not
selected by HRA as a successful proposal, will remain in effect and open
for acceptance by HRA for a period of six (6) months after the Closing
Date. The RFP process does not close until such time as the successful
vendor has signed a contract with HRA, or this RFP process is terminated
by HRA as outlined herein.
SEC 3.J
Notification of Outcome
All vendors who have submitted a proposal will be notified of the outcome
of this document on or by June 11th, 2015. Upon completion of the
process, any vendor may request a de-briefing session with respect to its
proposal.
SEC 3.K
Retainage of Payment
Upon selection of the vendor awarded the job, a schedule of payment will
be established and agreed on between both parties. It is in the interest of
HRA that 10% of each application of payment of the job be retained until
the entire system is operational and has been signed off on by HRA.
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Section 4 General Terms and Conditions Governing this RFP Process
SEC 4.A
No tender
This document is a request for proposal for the provision of the required
product/ service as outlined in this RFP and this RFP and any submitted
proposals do not in any way constitute a bidding agreement between HRA
and any vendor. Responses to this RFP are not subject to any process
except as set out herein. HRA shall not be liable to any vendor or any
partner or contractor of any vendor for any loss, cost expense or damages
of any nature whatsoever (collectively the “damages”) arising out of or in
any way connected with the process herein, including any damages
resulting from the submission of a proposal in response to the RFP, or the
selection of the successful vendor(s), If any, whether based on contract,
tort including negligence, strict liability or otherwise. Notwithstanding any
other provision of this RFP, HRA reserves the sole and unreviewable right
to accept or reject any or all proposals. Any proposal may be accepted in
whole or in part. There is no express or implied term of this RFP that the
lowest cost qualified proposal will receive the award. HRA shall not be
obligated in any manner to any vendor unless and until a written contract
has been duly executed between HRA and such vendor, subject to HRA’s
right, after negotiation in good faith with the frontrunner(s) to delete, or
modify any of the terms and conditions contained in any draft agreement
or introduce in an agreement any additional representation, warranties,
undertakings and conditions. Negotiations may include but are not limited
to:
Pricing, payment and negotiations may include but are not limited
to:
price, payment and financing details, alteration or addition
to, or deduction from the goods and / or services to be
provided, including any proposed alternative services, ideas
or suggestions, and contract details including terms of
agreement.
By submitting a proposal, a vendor is deemed to have acknowledged and
agreed to all of the undertakings, specifications, terms and conditions
contained in the RFP and to be bound by same.
SEC 4.B
Confidential Information
All material, data, information or any item in any form supplied by HRA
or derived from any data acquired by the vendor from HRA both before
and after the issuance of the RFP in connection with this RFP
(“Confidential Information”) is proprietary to HRA, and;
 is the property of HRA and must be treated as confidential;
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is not to be used for any purpose whatsoever other than replying to
this RFP and the fulfillment of any subsequent agreement; must
not be disclosed to any third party without prior written
authorization from HRA
shall be returned by the vendor to HRA within ten (10) calendar
days of the award of an agreement, the Confidential Material shall
be returned at the termination of the agreement.
SEC 4.C
News Releases
The vendor shall not issue any news release in any form of media
pertaining to the RFP or any ensuing contract without the express written
approval from HRA.
SEC 4.D
Copyright
No vendor may use the name of HRA or any of HRA’s other logos, or
registered trademarks and names used, owned or registered by HRA
except with prior written approval of HRA, as the case may be.
SEC 4.E
Warranties
There are no representations or warranties of HRA in this RFP,
except as expressly set out in this document.
SEC 4.F
Compliance with Law
Each vendor is responsible, at its own expense, for knowing and
complying with all applicable laws, regulations and codes of conduct, as
amended from time to time. This includes obtaining and registrations,
complying with same, and paying all required taxes, fees and duties.
SEC 4.G
External Auditor Policy
The HRA has a policy relating to auditor independence. This policy
defines which services can and cannot be provided to the HRA by the
HRA’s external auditors. In addition, the policy outlines the level of
approval required for the provision of services provided by the HRA’s
external auditors. The policy will be followed with this and all other
related provisions of service.
SEC 4.H
Payment
HRA will make payment on a monthly basis based on invoices showing
the level of work completed. HRA will retain 10% of each monthly
payment until the completion of the job to the satisfaction of HRA.
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Section 5 Project Requirements and Specification
This Section describes the project requirements and deliverables as currently
envisioned by The Red Wing HRA.
Each vendor is expected to provide HRA with information, evidence and demonstrations
that will enable HRA to award a contract that best serves the stated interests of HRA.
Vendors should prepare their proposals providing a straightforward and detailed
description of their ability to satisfy the requirements of this RFP. Emphasis in each
proposal should be on completeness and clarity of content.
Failure by vendors to provide the appropriate information or materials in response to each
stated requirement or request for information may result in lower scores during the
evaluation of their proposal.
Material requirements of the RFP are those set forth as Mandatory Requirements.
Proposals that do not meet all material requirements of this RFP or that fail to provide all
required information, documents, or materials, or include language that is conditional or
contrary to terms, conditions, and requirements, can be rejected as non-responsive. HRA
reserves the right to determine whether a proposal meets the material requirements of the
RFP.
SEC 5.A
MANDATORY REQUIREMENTS
All proposals must meet all of the following Mandatory Requirements.
Proposals that are incomplete or that do not meet these requirements will
not be further considered and will not be eligible for selection, at the sole
discretion of HRA.
SEC 5.B
RFP Submission Form (see Appendix 2) must be submitted.
SEC 5.C
GENERAL REQUIREMENTS
All proposals that meet the Mandatory Requirements will be assessed
according to the following general requirements, together with the
evaluated criteria and any other criteria relevant to the issues or matters
addressed in this Request for Proposal.
SEC 5.D
Insurance
Before commencing work, Contractor shall furnish certificates that the
following insurance is in force. Policies shall be submitted for approval of
the HRA and shall be endorsed to provide that the policies will not be
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canceled or changed until ten days after written notice of change or
cancellation has been delivered to the HRA.
Coverage shall be at least as follows:
Class of Coverage
Combined Single Limit for
bodily injury and property
damage
(1) Commercial General Liability
$1,000,000
(2) Automobile Liability owned and non-owned
$1,000,000
(3) Workers’ Compensation
$1,000,000
If any such insurance is due to expire during the construction period, the
Contractor shall not permit the coverage to lapse and new certificates shall
be furnished to the HRA.
SEC 5.E
Davis Bacon Requirements
Vendor ensures that wages paid to employees while on this project time
meet or exceed Davis Bacon minimum requirements. Weekly payroll
submissions will be made against the project by vendor.
SEC 5.E
Financial Statements
Prior to bid award, winning vendor may be required to provide previous
three years financial statements in order to demonstrate the financial
stability of the firm.
SEC 5.F
References
The vendor shall provide three (3) references who have agreed to act as its
references, and shall specify the client’s name , address, telephone
number(s) and contact person for as well as a description of the services
provided by the firm. HRA reserves the right, at its sole discretion to
contact references and/or use references in the vendor selection process.
SEC 5.G
Health & Safety
Where applicable, vendors must maintain Occupational Safety and Hazard
(OSHA Compliant) coverage for all employees affected by the contract.
SEC 5.H
Declarations & Disclosures
Pursuant to the Evaluation Process outlines in Section 3 and the reserved
rights described therein, HRA may request information, and/or conduct
reference checks at any time prior to contract award or pursuant to this
RFP in order to assist HRA in determining the vendor’s ability to provide
the goods or services contemplated in this RFP.
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SEC 5.L
EVALUATED CRITERIA (listed in order of importance)
L.1 Qualification and Experience
HRA requires that the Vendor have a well-established history of supplying
and installing surveillance recording systems. HRA requires that the
Vendor have previous experience in the provision of surveillance
recording solutions. Required are the names, qualifications, accreditation’s
and experience of the account representative(s) in your company who
would be assigned to our project.
L.2 Installation
HRA requires that the Vendor has the capability to install the IP
Surveillance Networked System into HRA’s environment with accordance
to the construction schedule, obtain manufactures certification, and to
ensure the IP Surveillance Networked System is fully integrated and
operational. Vendor should have ability to supply HRA with project
schedule updates on a regular basis.
L.3 Training and Technical Support
HRA requires that the Vendor provide a comprehensive training and
technical support program with m-f 8am-5pm and live telephone support.
Response time, from the time a call is received by the successful Vendor,
is four (4) hour Mean Time to Repair (MTTR).
L.4 Warranty
HRA Requires written manufacturer’s warranty, including any additional
on-site warranty from third party manufacturer’s warranty and vendor’s
labor warranty.
L.5 Pricing
HRA requires pricing for the supply and installation of the IP Surveillance
Networked System. Price to include all equipment, delivery, installation,
training, maintenance, software upgrades and licensing costs. This project
is to be priced as an independent project.
 JORDAN TOWER I, JORDAN TOWER II and Review Network,
Maintenance shop cameras and office camera w/ microphone
 OPTION #2: Jordan Tower I Elevator lobby floors 2-9
 OPTION #3: Jordan Tower II Elevator Lobby floors 2-8
Prices are to be in US dollars (USD), including any brokerages fees, and
includng any applicable taxes. The quoted price should be firm for all
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goods and services within a six (6) month period from the Closing Date of
this RFP. Pricing should be comprehensive, complete and based on all
product and service requirements.
L.6 Section 3 requirements.
Vendors must include with proposal, Appendix 3 regarding Section 3.
L.7 Compliance and forms
By submitting proposal, vendor agrees to provide any and all compliance
and forms demanded by the Red Wing HRA, including but not limited to:
W-9. Non-collusion certificate, Low income sales tax form, HUD DavisBacon compliance, HUD 5370EZ, Contractor-Owner Contract, HUD
4010, Debarred-suspended-excluded statement, Code of Conduct, and
proof of insurance, Contractor compliance form. All forms available for
review by emailing [email protected].
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Section 6 Response Format
In their proposals, vendors must refer to the numbered sub-sections in Section 5 of this
RFP and specifically respond to the requirements contained in each of these sub-sections.
 Proposals should be bound. Pricing page should be first, all other
pertinent information should follow.


Part numbers must be included for all software, servers, switches,
cameras, racking, and wire.
o Connectors and misc. conduit part numbers not necessary
One (1) signed hard copy of the response is required

Responses shall have the RFP name, and the vendors legal identity
on the cover

Three ring binder format wherever feasible for ease of review and
copy. The RFP submission shall be printed out double-sided.
Except for samples, pre-printed promotional items, or similar
materials, all pages of the proposal must be clearly numbered
sequentially

Signed RFP submission Form (Appendix 2)

Contract-Owner Contract (Appendix 1)

Section 3 Paperwork (Appendix 3)

Vendors may not submit more than one proposal in respect of this
RFP

Submit list of available manufacturer provided, fee based
professional services available to the contractor or the owner
including but not limited to: training, installation, commissioning,
remote diagnostics and integration with 3rd party software and
hardware systems.

The Contractor shall provide a single written document outlining
the warranty of the manufacturer(s) product and the contractor’s
installation. The document shall warrant complete installation of
all services and equipment to be free from defects in materials and
workmanship for a period of no less than two (2) years equipment
and 90 days workmanship, starting with the date of Final System
Acceptance.
18

By submitting a proposal: The Vendor represents that it has
carefully inspected the Project site and examined the Drawings and
Specifications and other Contract Documents and is familiar with
and has satisfied itself as to the nature, location and amount of the
work, the Vendor’s access thereto and the ability to perform the
work, local code requirements applicable to the work and
requirements of permits and inspections, safety and barricade
requirements, the terms and conditions any of applicable project
labor and collective bargaining agreements, as well as the quality,
quantity and availability of labor, materials, equipment, and
facilities and other items required for the performance of the Work
and the possible limiting physical and other conditions which may
be encountered in the performance of the Work and assumes all
risks there from. The Vendor has determined, by its own
investigation and research, all the conditions affecting the Work to
be performed and materials to be furnished and does not rely upon
any representation by the Client or Consultant in connection
therewith. In performing the Work, Vendor accepts the condition
of the Project site as is and assumes the risks with regard to
existing conditions at the Project site.

Scheduling – Provide a project timeline based on this specification
from awarded date to completion. Include this in with your final
proposal.

Each Vendor will provide white papers/product spec sheets on the
products that they are proposing through this bid.
19
Section 7 Bid Pertinent
It is the duty of the contractor to provide a working system. Any omissions or errors or
differences between this document and the contractor’s submitted proposal shall be
clearly outlined in a separate document labeled “HRA Proposal Deltas”.
Proposal should be for a turn- key. Integrators shall submit bids for complete and fully
functional system performs as outlined in this Specification. Any documents included in
this package, including equipment lists, schedules, rack layouts, and other materials are
intended for guidance and do not alter this obligation on the part of the Vendor.
Where the Integrator feels a section of this document is ambiguous, they are encouraged
to provide clarification to define how they will respond to the item.
Any incidental item of material, labor, or detail, required for the proper execution and
completion of the Work, omitted from the Contract Documents, but required by
governing codes, local regulations, trade practices, operational functions, and good
workmanship, shall be provided as part of the Contract Work without extra charge, even
though not specifically detailed or mentioned.
SEC 7.A
Base Project: The RFP is based on Video Server, VMS, (8) First floor
cameras for Jordan Tower I, (12) Ground and First Floor cameras of
Jordan Tower II, (1) Office camera and microphone for HRA Office, and
(3) cameras for HRA Maintenance shop, fiber record network between
Towers I and II and fiber review network between Towers II and HRA
Office building and all hardware, components and cabling necessary.
System Expansion Requirements: System must be expandable to cover
cameras requested in Base Bid as well as Bid Option 1 and Bid Option 2
without expanding the server hard drive size. This is a Turn Key system
and will not be allowed to change order.
(Base Project Labor)– Provide labor to install, test and program all
equipment associated with the base bid in section 7.A above.
Base invoicing upon award – Jordan Towers I and II operate on
different budgets. Upon award, invoicing for the system server as well as
labor, fiber, and equipment to create the review network must be divided
equally among Towers I and II. Invoicing for record network fiber
between Tower II and office as well as physical hardware to be invoiced
equally between Towers I and II
20
SEC 7.B
Extended warranty / service agreement OPTION Service Agreements
or Maintenance Agreements that each individual Vendor offers for the
Base equipment in Section 8.
SEC 7.C
BID OPTION #1 (8) IP Surveillance cameras and VMS Licenses for
elevator lobby floors 2-9 Jordan Tower I. This is a Turn Key system and
will not be allowed to change order.
SEC 7.D
BID OPTION #2 BID (7) IP Surveillance cameras and VMS Licenses for
elevator lobby floors 2-8 Jordan Tower II. This is a Turn Key system and
will not be allowed to change order
.
21
Section 8 Approved Equipment
The following equipment has been demonstrated to Red Wing Housing and
Redevelopment Authority and is acceptable. Diagrams, drawings, and Specification
elements have been developed around the product line of a designated manufacturer. No
substitution will be considered unless a written request has been submitted. Each such
request shall include a complete description of the proposed substitute, the name of the
material or equipment for which it is to be substituted, drawings, cuts, performance and
test data and any other data or information necessary for a complete evaluation. Only
approvals embodied in a written addendum shall be binding.
It is the intent of the Client, if he accepts any alternates, to accept them in such a manner
as the Client deems in his own best interest. The Client shall have the right to accept
alternates in any order or combination and to determine the selected Vendor using
whatever evaluation criteria they desire.
SEC 8.A
SEC 8.B
SEC 8.C
Recording Hardware must meet or exceed specifications:
 The Video Management System shall allow the use of off-the-shelf
computers, servers, storage and switches from any manufacturer with
components that meet the minimum requirements.
a.
Server or NVR must have a minimum of 15.0TB of HDD
storage, configured in a RAID5 configuration.
b.
Hard Drive: SATA-II 7200 RPM Enterprise Class
c.
Server shall be 2U Rack Mounted
d.
Contractor shall supply all 19” rack support rails, mounting kits,
and cable management modules to install Video Management
server.
e.
Processor: Quad Core 2.0 GHz
f.
System RAM: 4 GB
g.
At least two Network Interface(s): minimum 1GbE per port
h.
Operating System shall be certified to work by the Video
Management Software’s manufacturer and be one of the
following: Windows server 2003 SP2, Windows server 2008, or
Windows 7. A 64-bit operating system.
i.
Server must come with 3 year on-site warranty with 4 hour,
normal business time, response window
Contractor shall provide all applicable Network Video Management
Software (NVMS) modules and licenses required to provide a complete
and fully functional integration.
The NVMS shall be installed on hardware which meet or exceed the
manufacturer’s recommended requirements (section 8.1)
22
SEC 8.D
The design and performance requirements for the NVMS software are as
follows:
 Avigilon Control Center Software:
o The NVMS shall be a Standard level software (XC-ACC5-STD)
solution that shall be scalable from one client, server and camera
up to:
 48 cameras per server
 5 concurrent client to Site connections, limited only by
the bandwidth capability of the network and server.
o The NVMS shall consist of server software applications and
client software applications
o The NVMS shall include a gateway software application that
connects mobile devices and other thin clients to the NVMS.
o The NVMS shall permit server and client software applications
to be installed and run on both the same computer or on separate
computers.
SEC 8.E
The specified camera models per building location are listed below all cameras
to be set to 8fps, all cameras set to factory default Quality Level:

ARE-1276DN-28: OMNI DIRECTIONAL CAMERA, 12MP, WDR,(4
X 2048X1536), 4 X 2.8MM MP LENS, D/N,INDOOR/OUTDOOR,
H.264, IP66, SURFACE MOUNT
o Building Print Location 1.1. Methodist Church Entry

Avigilon 3.0W-H3-D1: Indoor Dome 3.0 Megapixel WDR Day/Night
Indoor Dome, 3-9mm f/1.2 P-iris lens
o Camera 1.2 Café Doors to Exterior,
o Camera 1.3 Stairway Exit to Methodist Church,
o Camera 1.4 Main Lobby,
o Camera 1.6 Entry to Courtyard,
o Camera 2.1 Ground level 5th street main entry, camera
o Camera 2.2 dining area overview,
o Camera 2.4 Pool Table entry / exit
o Camera 2.10 First floor main entry,
o Camera 2.11 First floor E Stair exit,
o Camera 2.12 First Floor N Stair Exit
o Camera3.1: FRONT OFFICE DOOR

Avigilon 2.0W-H3-D1 Indoor Dome 2.0 Megapixel Day/Night Indoor
Dome, 3-9mm f/1.2 P-iris lens
o Camera 1.7 service elevator
23
o Camera 1.8 Library overview Camera
o BID OPTIONS 2 and 3 ALL FLOORS (15)

Avigilon 2.0W-H3-DP1 Outdoor Mount 2.0 Megapixel (1080p)
Day/Night Pendant Dome, 3-9mm f/1.2 lens
o Camera 1.5 main entry outdoor bus stop,
o Camera 2.5 Smoking overview,
o Camera 2.6 Courtyard Overview,
o Camera 2.8 First Floor Main Entry Exterior,
o Camera 2.9 First Floor Parking Overview

Avigilon 1.0W-H3-D1 Indoor Dome 1.0 Megapixel (720p) Day/Night
Dome, 3-9mm f/1.2 lens
o Camera 2.3 Activity / computer room,
o Camera 2.7 first floor elevator overview

Avigilon 2.0W-H3-BO1-IR 2.0 Megapixel (1080p) WDR, 3-9mm f/1.2
P-iris lens, Integrated IR
o Camera 3.2: Maintenance shop outdoor camera
o Camera 3.3: Maintenance shop outdoor camera
Avigilon 3.0W-H3-B2 3.0 Megapixel WDR Day/Night, 3-9mm f/1.2 PIris lens
o Camera 3.4 Maintenance shop indoor camera

SEC 8.F
LRE ASK4KIT#101 AUDIO KIT VERIFACT A MIC APR-1 DESKTOP
W/SPK, AD-1 P/S
 BASE BID: HRA Office front desk
SEC 8.G
Video Cabling shall be plenum rated Cat5e
SEC 8.H
Vendor shall terminate, test and certify cabling to verify working condition.
SEC 8.I
Exposed wiring will not be tolerated. Jordan Tower II first floor and above and
Jordan Tower I second floor and above are concrete ceilings. Proper Wire Mold
MUST be used
SEC 8.J
Integrator shall pull 6 strand (3 pair) multimode 50micron fiber between Jordan
Towers I and II and 6 strand (3 pair) multimode 50 micron fiber between Jordan
Tower II and the maintenance shop IDF.
SEC 8.K
Integrator will terminate all 24 ends of fiber with LC terminations.
24
SEC 8.L
Integrator will Terminate LC ends to wall or rack mounted fiber patch. Loose /
hanging ends will not be accepted
SEC 8.M
Integrator will test and certify all fiber to verify working condition
SEC 8.N
SEC 8.O
Cisco 24 Port 500 series stackable managed GB PoE Ethernet switch with 2
combo SFP Ports (2)
 Jordan Tower I IDF,
 Jordan Tower II MDF
 Maintenance Building IDF (Pricing Option):
o MINI-GBIC - 1000 BASE SX LC MULTI MODE MINI-GBIC
TRANSCEIVER
1915-3-100-8 8U Security wall Rack, 22.25"W x 20.5"D x 17.5"H, locking
front door fully enclosed
 1908-3-001-01Optional Fan Kit
o Jordan Tower I IDF
3100-3-001-22 Kendall Howard 22U Glass Front vented Rack
o Jordan Tower II MDF
1916-2-100-4 Kendall Howard 4U vertical rack
o Maintenance Shop review network IDF
SEC 8.P
A SMART1000RM2U UPS is required in the lock box for Jordan Tower IDF I
SEC 8.Q
A SMART1000RM2U UPS is required for the rack for Jordan Tower II
SEC 8.R
APCBE750G APC UPS 750 battery backup is required for Maintenance shop
review network IDF
SEC 8.S
Service rates for all service work done on the proposed system, example:
Repairs, upgrades.
SEC 8.T
Service Plan Option:
 Proposed Service plan will be an extended warranty and maintenance
agreement with fixed labor rates. List out each option in the proposed
Service Plan.
 Warranty program for all equipment as long as the contract is valid.
 Cleaning of equipment yearly
 Cameras, lenses
 NVR/DVR
 Technical Support
25



Phone support
Onsite support
Training/additional training
26
Appendix 1 CONTRACTOR - OWNER CONTRACT
Contractor: _______________________________ Owner(s): Red Wing HRA
CONTRACTOR CONDITIONS:
WHEREAS, the Contractor has submitted bid(s) for work to be performed in connection
with the Red Wing HRA, on premises legally described as follows:
Description: _______________________________________________________
Location: _________________________________________________________
NOW, THEREFORE, in consideration of acceptance of said bid(s) by the Owner, the
Contractor agrees as follows:
1.
Hold Harmless
Contractor shall defend, indemnify, and hold harmless the Red Wing
Housing & Redevelopment Authority (RWHRA), from all liability and
claims for damages arising from bodily injury, death, property damage,
sickness, disease, or loss of expense resulting from or alleged to result
from Contractor’s operations under this contract.
2.
Independent Contractor
For the purpose of this Agreement, the Contractor shall be deemed to be
an independent Contractor, and not an employee of Red Wing Housing
and Redevelopment Authority (HRA). Any and all employees of the
Contractor or other persons while engaged in the performance of any work
or services required to be performed under this Agreement, shall not be
considered employees of the HRA and any and all claims that may or
might arise on behalf of said employees or other persons as a consequence
of any act or omission on the part of said employees or the Contractor
shall in no way be the obligation or responsibility of the HRA.
3.
Insurance
Before commencing work, Contractor shall furnish certificates that the
following insurance is in force. Policies shall be submitted for approval of
the HRA and shall be endorsed to provide that the policies will not be
canceled or changed until ten days after written notice of change or
cancellation has been delivered to the HRA.
Coverage shall be at least as follows:
27
Class of Coverage
Combined Single Limit for
bodily injury and property
damage
(1) Commercial General Liability
$1,000,000
(2) Automobile Liability owned and non-owned
$1,000,000
(3) Workers’ Compensation
$1,000,000
If any such insurance is due to expire during the construction period, the
Contractor shall not permit the coverage to lapse and new certificates shall
be furnished to the HRA.
4.
Lien Waivers
Contractor shall protect, defend and indemnify Owner from any claims of
unpaid work, labor, or material. Payment shall not be due until the
Contractor has delivered to the Owner complete release of all liens arising
out of the contract or receipt in full covering all labor and materials for
which a lien could be filed, or a bond satisfactory to the Owner
indemnifying him against any lien.
5.
Subcontractors and Assignments
No subcontract or assignment of this contract shall be made without the
written consent of the RWHRA. Contractor shall furnish subcontractor
lien waiver(s) upon payment.
6.
Permits and Codes
Contractor shall secure all necessary permits and licenses required to
perform the work called for by this contract, and all such work shall be in
compliance with all building code regulations and ordinances whether or
not covered by the specifications and drawings for the work.
Contractor is responsible for notifying inspection department and
obtaining all permit inspections including finalizing/closing out permit.
7.
Equal Employment Opportunity
(a)
The Contractor shall provide equal opportunity to all persons,
without discrimination as to race, color, creed, religion, national
origin, sex, marital status, age and status with regard to public
assistance or disability.
The Contractor agrees to comply with Executive Order 11246 as
amended which provides that: (a) The Contractor will not
discriminate against any employee or applicant for employment
28
because of race, creed, color, sex or national origin; (b) The
Contractor will take affirmative action to ensure that applicants are
employed, and that employees are treated equally during
employment without regard to their race, color, creed, sex, or
national origin.
(b)
Section 3 of the Housing and Urban Development Act of 1968 as
amended
Adhere to the requirements of Section 3 as depicted in Exhibit 7.1
Red Wing HRA Section 3 Solicitation Requirements (IFQ/IFB) or
in Exhibit 7.2 Red Wing HRA Section 3 Solicitation Requirements
(RFP/QBS) as applicable.
8.
Unacceptable Risk
Contractor certifies that he/she is not listed on the “unacceptable risk
determination” list of the U.S. Department of Housing and Urban
Development or the Rural Economic & Community Development
Administration, nor excluded from participating in federally funded
projects.
9.
Proceed to Work and Completion of Work
Upon acceptance of this bid and submission of evidence of satisfactory
insurance coverage the work will be started ONLY AFTER A NOTICE
TO PROCEED TO WORK ORDER is received by the vendor. The
contract work shall be fully and satisfactorily completed within 60 days of
the Proceed to Work Order date. A working day will be considered to be
all days except Saturdays, Sundays, and legal holidays.
Any modification of the above shall be set forth in Article 15 below.
10.
Payments
Disbursements will be made only for work completed and after the local
administrator has verified completed work with valid receipts from
appropriate contractor. Contractor will invoice monthly up to 90% with
final 10% due after work acceptance of completed project.
11.
Warranty as to Workmanship and Materials
The Contractor shall remedy any defect due to faulty material or
workmanship and pay for any damage to other work resulting therefrom
which shall appear within the period of one (1) year of final payment.
29
Further, Contractor will furnish Owner with all manufacturers and
supplier’s written guarantees and warranties covering materials and
equipment furnished under this contract.
This warranty does not cover defects caused by or related to:
12.
(a)
Abuse, misuse, negligence or accident by parties other than the
Contractor; or
(b)
Normal deterioration due to wear or exposure.
Debris and Materials
The Contractor shall protect residents from construction including dust
from construction.
The Contractor agrees that during the course of work the premises shall be
kept clean and orderly as is reasonable under the circumstances and shall
remove all debris resulting from the contract work from the premises upon
completion of the contract. All materials and equipment which are
replaced and/or removed in the course of work shall become the property
of the Contractor unless otherwise specified.
13.
Lead-Based Paint
The Contractor agrees that no lead-based paints shall be used in the course
of performance under this Agreement.
________________________
Date
14.
____________________________________
Contractor Signature
Access to Records
The Red Wing Housing and Redevelopment Authority shall have full
access to all records relating to work performed under this Agreement.
15.
Modification
Any alteration, variation, modification, or waiver of the provisions of this
Agreement shall be valid only after it has been reduced to writing,
approved and signed by the Red Wing Housing and Redevelopment
Authority and attached to the original of this Agreement.
30
16.
Data Privacy (Per State of Minnesota 13.05 – refer to this document for
more info)
(a) When a Company or Individual contracts with a government entity to
perform “one of its functions”, both parties have responsibilities to comply
with the “Minnesota Government Data Practices Act”.
(b) The requirements of Minnesota Statues section 13.05, subdivision 11,
apply to companies or individuals who perform a government
function.
(c) Per Sub.6. Contracts. Except as provided in section 13.46, subdivision
5, in any contract between a government entity subject to this chapter
and any person, when the contract requires that data on individuals be
made available to the contracting parties by the government entity, that
data shall be administered consistent with this chapter. A contracting
party shall maintain the data on individuals which it received
according to the statutory provisions applicable to the data.
17.
Other Remedies
The above conditions and warranties are in addition to, and not in
limitation of, any and all other rights and remedies to which the Owner, or
subsequent Owners, may be entitled, at law or in equity, and shall survive
the conveyance of title, and shall be binding on the undersigned not
withstanding any provision to the contrary contained in any instrument
heretofore or hereafter executed by the Owner.
18.
Code of Conduct
Contractor agrees to adhere to the attached Code of Conduct.
19.
This contract consists of the bid and proposal, the general conditions as
outlined above, and the description of the work to be completed as shown
on attached scope of work and general conditions.
BID AND PROPOSAL:
For the consideration named herein, the undersigned Contractor proposes to furnish all
work, material and labor to complete the work in accordance with the attached Work
Write-up and the General Conditions outlined above for the sum of
______
20.
Davis-Bacon Requirements
Contractor agrees to comply with the Davis-Bacon Act requirements, as
applicable.
31
21.
Termination of Contract
If either party wishes to terminate this contract for any cause, they shall
provide the other party with ten (10) days written notice and the contractor
shall be duly compensated for any work satisfactorily completed at the
point of termination.
22.
Notice to Contractor
You are required by a 1982 Minnesota Statute, Section 270.66, to provide
you federal or MN Tax Identification Number or your Social Security
Number if you do business with a public body. This information may be
used in the enforcement of federal and state tax laws. Supplying these
numbers could result in action to require you to file state tax returns and
pay required taxes. This contract will not be approved unless these
numbers are provided.
___________________ ____________________ ________________________
MN Tax ID
Federal Tax ID
Social Security or Tax No.
OWNER CONDITIONS:
23.
The Owner shall permit the Contractor to use, at no cost, utilities such as
light, heat, power and water necessary to the carrying out and completion
of the work. Further, Owner will cooperate with the Contractor to
facilitate the performance of the work, including the removal and
replacement of rugs, coverings and furniture as necessary.
24.
Materials and equipment that have been removed and/or replaced as part
of the work shall belong to the Contractor unless otherwise specified.
25.
The Owner is responsible for normal maintenance of all improvements. If
a problem occurs, which the Owner believes is covered by the warranty;
the Owner shall contact the Contractor in writing, giving the Contractor
sufficient information to enable him to resolve the matter.
26.
The Owner understands and agrees with the attached Scope of Work and
agrees to permit Contractor access to the premises to be improved to the
extent necessary to complete the improvements specified.
32
ACCEPTANCE BY CONTRACTOR
ACCEPTANCE BY OWNER
_______________________________
Signature of authorized Representative
__________________________
________________________________
Date
___________________________
Date
________________________________
Title
____________________________
Address of Project
_________________________________
Firm Name
_____________________________
Signature of Executive Director
__________________________________
Firm Address
ANY
PERSON
WHO
MAKES
A
FALSE
STATEMENT
OR
MISREPRESENTATION IN CONNECTION WITH THE APPLICATION FOR
OR USE OF A COMMUNITY DEVELOPMENT GRANT AND/OR LOAN MAY
BE SUBJECT TO FEDERAL CRIMINAL OFFENSE PENALTIES.
This Agreement and all attachments hereto referenced in this Article and/or elsewhere in the
Agreement, shall collectively constitute the entire expression of the Agreement between the
parties hereto, and supersedes any and all other prior oral or written agreements between the
parties relative to the subject matter of this Agreement.
33
Appendix 2 – RFP Submission Form
PROJECT NAME: Red Wing HRA Jordan Tower I and Jordan Tower II IP Surveillance
Networked Surveillance System
Submitted To:
Red Wing Housing and Redevelopment Authority
428 W 5th St
Red Wing, MN 55066
Attn: Ronnelle Jaeger
Submitted By The vendor, legally known as and located at the following address:
Legal Name: _____________________________________________________
Address:
_____________________________________________________
______________________________________________________
Vendor Contact Name
__________________________________________
Telephone #
__________________________________________
Fax #
__________________________________________
E-mail Address
__________________________________________
We, the undersigned, declare that:
1. We have the authority to bind the vendor indicated above to the specific terms and
conditions imposed in the said Request for Proposal (RFP) and offered in the vendor’s
proposal and that, by our signature on this document, the vendor specifically agrees to all
of the waivers, restrictions, terms and conditions and requirements of the RFP.
We have carefully examined the Request for Proposal and the Addenda numbered
__________ to _____________, and having understood all conditions affecting the
Project, and if notified by HRA Procurement Contact in writing of the award of the nonexclusive contract, shall perform the Scope of Services in accordance with the Contract
Form and the terms therein, and the terms of the said Request for Proposal and our RFP
Submission for the Fee of:
BASE BID
$
(Jordan Towers I and II, Review Network, office camera w/ audio, shop cameras)
($
dollars)
EXTENDED WARRANTY OPTION:
Any offered extended warranty on equipment in Phase I (can be attached page)
$
($
dollars)
BID OPTION 1
$
(Jordan Towers I elevator floors 2-9)
($
dollars)
BID OPTION 2
$
(Jordan Towers II Elevator floors 2-8)
($
dollars)
34
No person, firm, or corporation other than the undersigned has any interest in this RFP
Submission or in the proposed contract for which this RFP Submission is made. The undersigned
also declares that the RFP Submission has been submitted without consultation, communication,
agreement and/or arrangement with any competitor. A competitor is defined as any individual or
organization, other than the vendor, who has been requested to submit a proposal or who could
potentially submit a proposal in response to this RFP, based on their qualifications and
experience.
3. We have not made any knowingly false statement in our proposal.
Signatures
Name of Vendor
Signature of Witness
___________________________
Signature
____________________________________
Name and Title of Witness
___________________________
____________________________________
Name and Title of Person Signing
______________________________
Date
___________________________________
35
APPENDIX 3- ESTIMATED PROJECT WORK FORCE BREAKDOWN
Job Category
Total Estimated
Positions
Needed for
Project
Number of
Positions
Occupied by
Permanent
Employees
Number of
Positions Not
Occupied
Positions
to be Filled
w/Section 3
Residents
No.
Pay Rate
EMPLOYMENT CERTIFICATION (make additional copies of this form if necessary)
The Company hereby certifies that the above table represents the appropriate number of
employee positions required in the execution of Project No. ______________ and also represents
the number of Section 3 service area residents that the company proposes to employ.
The Company certifies that it will make a good faith effort to employ the number of lower
income employees stated utilizing such community-based organizations and service agencies as
____________________________________.
Company: ___________________________
By: ________________________________
Date: _______________________
Title: _______________________________
36
APPENDIX 3.1-A ESTIMATED PROJECT WORK FORCE BREAKDOWN
(for Subcontractors= Use)
Job Category
Total Estimated
Positions
Needed for
Project
Number of
Positions
Occupied by
Permanent
Employees
Number of
Positions Not
Occupied
Positions
to be Filled
w/Section 3
Residents
No.
Pay Rate
EMPLOYMENT CERTIFICATION (make additional copies of this form if necessary)
The Company hereby certifies that the above table represents the appropriate number of
employee positions required in the execution of Project No. ______________ and also represents
the number of Section 3 service area residents that the company proposes to employ.
The Company certifies that it will make a good faith effort to employ the number of lower
income employees stated utilizing such community-based organizations and service agencies as
____________________________________.
Company: ___________________________
By: ________________________________
Date: _______________________
Title: _______________________________
37
Appendix 3.2 - Section 3 BUSINESS UTILIZATION
The Company shall utilize Business concerns located in the Section 3 service area for Project No.
in contracting for work to be performed
in connection with the completion of the contract. To this end, the Company shall require the services of companies as follows:
Project No.:
Total Dollar Amount of Contract:
Name of Prime Contractor:
Address:
Title:
Date:
Fed ID No.
NAME OF SUBCONTRACTOR
SEC.3
BSNS.*
ADDRESS & PHONE NO.
TRADE/SERVICE OR
SUPPLY
CONTRACT
AMOUNT
AWARD DATE
COMPETITIVE OR
NEGOTIATED BID
FEDERAL ID NO.
* Check if a Section 3 Business concern
TOTAL DOLLAR AMOUNT AWARDED TO Section 3 BUSINESSES: $
TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTS: $
(NOTE: INCLUDE "APPENDIX 1-A" FOR EACH SUBCONTRACTOR)
38
APPENDIX 3.3
STATE OF
)
CITY OF
)
CONTRACTOR'S Section 3 COMPLIANCE AFFIDAVIT
The undersigned makes this affidavit with full knowledge that its contents will be used in
the expenditure of funds provided by the United States Government. Under penalty of perjury I
hereby state:
1.
I am the ____________________________ of _________________________
(owner, partner, officer, representative, agent)
the Bidder that has submitted the attached Bid; and
2.
My company adheres to Section 3 of the Housing and Urban Development (HUD)
Act of 1968, as amended, 12 U.S.C. 1701u which requires, to the greatest extent
feasible, that a "good faith effort" is given to identifying small businesses located
within the boundaries of the Section 3 service area, making them aware of
contracting opportunities, encouraging their participation and actually awarding
contracts to Section 3 business concerns.
3.
An attempt will be made to undertake outreach activities intended to encourage
participation by Section 3 residents in training and employment opportunities, to
include but not limited to:
A.
B.
C.
D.
Advertising in local media;
Distributing flyers on training and job opportunities to public housing sites
and posting flyers in common areas;
Informing labor organizations and private job training agencies of
potential jobs and contract opportunities;
Participation in job information meetings and workshops to help Section 3
residents complete applications and learn interviewing techniques.
Affiant's Signature:___________________________
Address:_____________________
Affiant's Title:_______________________________
Telephone:___________________
Affiant's Company Name:__________________________
Subscribed and sworn to under oath before me this _______ day of _______________,20 __.
My commission expires:
_____________________________ NOTARY:__________________________________
39
APPENDIX 3.4
STATE OF
)
CITY OF
)
Section 3 BUSINESS AFFIDAVIT
The undersigned makes this affidavit with full knowledge that its contents will be used in the
expenditure of funds provided by the United States Government. Under penalty of perjury
he/she hereby states:
1.
2.
I am the
of
(owner, partner, officer, representative, or agent)
the Bidder that has submitted the attached Bid; and whose business concern is (check
only one)
()
51 percent or more owned by Section 3 residents; or
()
Whose permanent, full-time employees include persons, at least 30 percent of
whom are currently Section 3 residents, or within three (3) years of the date of
first employment with the business concern were Section 3 residents; or
()
Provides subcontracts in excess of 25 percent of the dollar award of all
subcontracts to be awarded to business concerns that meet the qualifications set
forth in paragraph I.B.(1) or (2) of the definition of Section 3 business concerns.
()
None of the above
And for Project No.
(check only one)
I/We claim preference in the category indicated below
()
(Category 1 business)
Business concerns that are 51 percent or more owned by residents of the housing
development(s) for which the Section 3 covered assistance is expended, or whose
full-time, permanent work force includes 30 percent of these persons as
employees;
()
(Category 2 business)
Business concerns that are 51 percent or more owned by residents of other
housing development(s) managed by the Red Wing HRA , or whose full-time,
permanent work force includes 30 percent of these persons as employees;
()
(Category 3 business)
HUD Youthbuild programs being carried out in Goodhue County where the
Section 3 covered assistance is expended;
40
(continued)
Affidavit for
Section 3 Business-RFP
()
(Category 4 business)
Business concerns that are 51 percent or more owned by Section 3
residents; or, whose permanent, full-time work force includes no less than
30 percent Section 3 residents; or, that subcontract in excess of 25 percent
of the dollar award of the total amount of the subcontracts identified above
as a Category 1 or a Category 2 business.
()
No preference claimed.
Affiant's Signature:_______________________
Address:____________________________
Affiant's Title:___________________________
Telephone:__________________________
Affiant's Company Name:
_______________________________
Subscribed and sworn to under oath before me this
day of
20 ___.
My commission expires:
_____________________________
NOTARY:__________________________________
41
Appendix 4
Red Wing HRA Section 3 SOLICITATION REQUIREMENTS (RFP/QBS)
The Red Wing Housing and Redevelopment Authority also known as the Red Wing HRA
shall comply with the intent of Section 3 by providing Section 3 (public housing)
residents the opportunity to benefit from the Section 3 Program.
Section 3 of the Housing and Urban Development Act, as amended requires that all
programs receiving direct financial assistance administered by HUD provide, to the
greatest extent feasible, opportunities for jobs, training and economic opportunities to
low and very low income residents and contracting opportunities to businesses owned by
or employing low and very low income residents.
In order to implement Section 3, the Red Wing HRA has implemented the requirements
as prescribed on the following pages. A Section 3 PLAN is a mandatory contract
requirement. Proposals that do not contain a complete Section 3 plan, including all
completed appendices, will be considered non-responsive. All responsive offerors
Section 3 plans will be evaluated for compliance with this document.
I.
DEFINITIONS:
A.
Section 3 Resident:
A public housing resident or a low or very low income person (as defined in Section
3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)) who resides in the service area in which
Section 3 covered assistance is expended (Goodhue County).
B.
Section 3 Business Concern:
A business concern that is:
1.
51 percent or more owned by Section 3 residents; or
2.
Whose permanent, full-time employees include persons, at least 30 percent of
whom are currently Section 3 residents, or were Section 3 residents within three years of
the date of first employment with the business concern were Section 3 residents; or
3.
That provides evidence of a commitment to subcontract in excess of 25 percent
of the total bid/proposal price awarded to business concerns that meet the qualifications
set forth in paragraphs 1 or 2 in this definition of Section 3 business concern.
C.
Section 3 Service Area:
The geographical area in which the persons benefiting from the Section 3 covered project
reside. The service area shall not extend beyond the unit of general local government in
which the Section 3 covered assistance is expended (Goodhue County).
42
D.
Section 3 Covered Assistance:
1.
Public and Indian housing development assistance provided pursuant to Section
5 of the 1937 Act;
2.
Public and Indian housing operating assistance provided pursuant to Section 9
of the 1937 Act;
3.
Public and Indian housing modernization assistance provided pursuant to
Section 14 of the 1937 Act;
4.
Assistance provided under any HUD housing or community development
program. Assistance expended for housing rehabilitation (including reduction and
abatement of lead-based paint hazards, but excluding routine maintenance, repair and
replacement), housing construction or other public construction projects.
E.
Section 3 Covered Contract
A contract or subcontract (including a professional service contract) awarded by a
recipient or contractor for work generated by the expenditure of Section 3 covered
assistance, or for work arising in connection with a Section 3 covered project. "Section 3
covered contracts" do not include contracts awarded under HUD's procurement program,
which are governed by the Federal Acquisition Regulation System (see 48 CFR Chapter
1). "Section 3 covered contracts" also do not include contracts for the purchase of
supplies and materials. However, whenever a contract for materials includes the
installation of the materials, the contract constitutes a Section 3 covered contract. For
example, a contract for the purchase and installation of a furnace would be a Section 3
covered contract because the contract is for work (i.e. the installation of the furnace) and
is thereby covered by Section 3.
II.
ORDER OF PROVIDING PREFERENCES
A.
Section 3 Residents
Efforts shall be directed to providing training and employment opportunities to Section 3
residents in the following order of priority:
1.
Residents of the Red Wing HRA development or developments for which the
Section 3 covered assistance is expended (category 1 residents);
2.
Residents of other Red Wing HRA developments managed by the Red Wing
HRA (category 2 residents);
43
3.
Participants in HUD Youthbuild programs being carried out in the City of Red
Wing (category 3 residents);
4.
Other Section 3 residents in the service area.
A Section 3 resident seeking employment provided by this part shall certify, in a form
suitable to the Red Wing HRA, that they are a Section 3 resident as defined in paragraph
I.A. of this document. (See Appendix 5)
B.
Section 3 Business Concerns
Efforts shall be directed to award contracts to Section 3 business concerns in the
following order of priority:
1.
Business concerns that are 51 percent or more owned by residents of the Red
Wing HRA development or developments for which the Section 3 covered assistance is
expended, or whose full-time, permanent work force includes 30 percent of these persons
as employees (category 1 business);
2.
Business concerns that are 51 percent or more owned by residents of other Red
Wing HRA developments where Section 3 covered assistance, is expended or whose fulltime, permanent work force includes 30 percent of these persons as employees (category
2 business);
3.
HUD Youthbuild programs being carried out in the service area in which the
Section 3 covered assistance is expended (category 3 business); and
4.
Business concerns that are 51 percent or more owned by Section 3 residents or
whose permanent, full-time work force includes no less than 30 percent Section 3
residents, or that subcontract in excess of 25 percent of the total amount of subcontracts
to business concerns identified in paragraphs (1) and (2) of this section. (category 4
business).
A business concern seeking to qualify for a Section 3 contracting preference shall certify,
in a form suitable to Red Wing HRA, that the business concern is a Section 3 concern as
defined in paragraph I.B. of this document. (See Appendix 4)
C.
Competitive Proposals
Procurement under the competitive proposals method of procurement (Request for
Proposals [RFP], etc.):
1.
For contracts and subcontracts awarded under the competitive proposals method
(24 CFR 85.36(d)(3)), a Request for Proposals (RFP), etc., shall identify all evaluation
factors (and their relative importance) to be used to rate proposals.
44
2.
One of the evaluation factors shall address both the preference for Section 3
business concerns and the acceptability of the strategy for meeting the greatest extent
feasible requirement (Section 3 strategy), as disclosed in proposals submitted by all
business concerns (Section 3 and non-Section 3 business concerns). This factor shall
provide for a range of 15 to 25 percent of the total number of available points to be set
aside for the evaluation of these two components.
3.
The component of this evaluation factor designed to address the preference for
Section 3 business concerns must establish a preference for these business concerns in the
order of priority ranking as described in 24 CFR 135.36.
4.
With respect to the second component (the acceptability of the Section 3
strategy), the RFP will require the disclosure of the offerors Section 3 training and
employment preference, or contracting preference, or both, if applicable. A
determination of the offerors responsibility will include the submission of an acceptable
Section 3 strategy. The contract award will be made to the responsible firm (either
Section 3 or non-Section 3 business concern) whose proposal is determined most
advantageous, considering price and all other factors specified in the RFP.
III.
"Section 3" COMPLIANCE IN THE PROVISION OF TRAINING,
EMPLOYMENT AND BUSINESS OPPORTUNITIES
A.
All Section 3 contracts are subject to the requirements of Section 3 of the
Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) as amended, the HUD
regulations issued pursuant thereto at 24 CFR part 135, and any applicable rules and
orders of HUD issued thereunder prior to the execution of all Section 3 contracts. This
Section 3 clause, set forth in 24 CFR 135.38 provides:
1.
The work to be performed under all Section 3 contracts 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). The purpose of Section 3 is to ensure that
employment and other economic opportunities generated by HUD assistance or HUDassisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to
low and very low-income persons, particularly persons who are recipients of HUD
assistance for housing.
2.
The parties to all Section 3 contracts agree to comply with HUD's regulations in
24 CFR 135 which implemented Section 3. As evidenced by their execution of all
Section 3 contracts, the parties to all Section 3 contracts certify that they are under no
contractual or other impediment that would prevent them from complying with the part
135 regulations.
3.
The Offeror agrees to 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 labor organization or workers' representative,
45
of the offerors commitments under this Section 3 clause and will post copies of the notice
in conspicuous places at the work site where both employees and applicants for training
and employment positions can see the notice. The notice shall describe the Section 3
preference, shall set forth minimum number of job titles subject to hire, availability of
apprenticeship and training positions, the qualifications for each and the name and
location of the person(s) taking applications for each of the positions; and the anticipated
date the work shall begin.
4.
The Offeror agrees to include the Section 3 clause in every subcontract subject
to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action,
as provided in an applicable provision of the subcontract or in this Section 3 clause, upon
a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The
offeror will not subcontract with any subcontractor where the offeror has notice or
knowledge that the subcontractor has been found in violation of regulations under 24
CFR 135.
5.
The offeror will certify that any vacant employment positions, including
training positions, that are filled (1) after the offeror selected but before the contract is
executed, and (2) with persons other than those to whom the regulations of 24 CFR part
135 require employment opportunities to be directed, were not filled to circumvent the
offerors obligations under 24 CFR part 135.
6.
Noncompliance with HUD's regulations in 24 CFR part 135 may result in
sanctions, termination of this contract for default, and debarment or suspension from
future HUD assisted contracts.
B.
At the time of submission of proposals, the offeror shall provide a preliminary
statement of work force needs (skilled, semi-skilled, unskilled labor and trainees
categories). (Appendix 1 and 1A).
1.
Residents as Employees
Each Contractor and subcontractor shall fulfill his obligation to utilize Section 3 service
area residents as employees to the greatest extent feasible by:
(a)
Identifying the number of positions in the various occupational categories
including skilled and semi-skilled labor needed to perform each phase of the Section 3
covered budget.
(b)
Identifying the number of positions currently occupied by regular, permanent
employees.
(c)
Establishing the positions not currently occupied by regular, permanent
employees.
46
(d)
Establishing a goal, within each occupational category, of the number of
positions to be filled by lower income residents of the Section 3 service area
(e)
Completing "Estimated Project Work Force Breakdown" - See Appendix No. 1
and Appendix No. 1-A.
2.
Resident Trainees
The Contractor or subcontractor shall fulfill his obligations to utilize Section 3 service
area residents as trainees to the greatest extent feasible by:
(a)
Utilizing the maximum number of persons in the various training categories in
all phases of the work to be performed under the Section 3 covered project, and
(b)
Filling all vacant training positions with Section 3 service area residents except
for those training positions which remain unfilled after the contractor or subcontractor
has demonstrated through documented and verifiable evidence that a good faith effort has
been made.
(c)
Completing "Estimated Project Work Force Breakdown" - See Appendix No. 1
and Appendix No. 1-A if applicable.
3.
Utilization of Business
Each Contractor and subcontractor undertaking work on a Section 3 service area project
shall assure that to the greatest extent feasible, contracts are awarded to business concerns
located within the Section 3 service area or business concerns owned in substantial part
by persons residing in the Section 3 service area. "Business Utilization - See Appendix
No. 2.
C.
Numerical Goals
Contractors and/or subcontractors may demonstrate compliance with the "greatest extent
feasible" requirement of Section 3 by meeting the numerical goals set forth in this section
for providing training, employment, and contracting opportunities to Section 3 residents
and Section 3 business concerns.
1.
Training and Employment
(a)
30 percent of the aggregate number of new hires for the one year period
beginning in FY 1997 (October 1, 1996 through September 30, 1997), and continuing
thereafter.
2.
Contracts
47
(a)
At least 10 percent of the total dollar amount of all Section 3 covered contracts
for building trades work for maintenance, repair, modernization or development of public
housing, or for building trades work arising in connection with housing rehabilitation,
housing construction and other public construction; and
(b)
At least three (3) percent of the total dollar amount of all other Section 3
covered contracts.
D.
Good Faith Effort
Each Contractor and subcontractor seeking to establish that a good faith effort, as
required by Section 3 of the Housing and Urban Development Act of 1968, as amended,
12 U.S.C. 1701u, has been made to fill all training positions with lower income area
residents; and fill all employment positions identified in Section B, paragraph 1,
subparagraph (c) and (d) above, shall:
1.
Attempt to recruit the necessary number of qualified public housing and lowincome residents from the Red Wing HRA.
Contractors and subcontractors may contact the Authority’s Section 3 Specialist to obtain
assistance in identifying qualified Section 3 applicants.
2.
Maintain a list of all lower income service area residents who have applied on
their own or on referral from any source, and employ such persons if otherwise eligible
and/or qualified and if a vacancy exists. If no vacancies exist, the eligibility and/or
qualifications of the applicant shall be considered and listed for the first available
opening.
3.
Any Contractor or subcontractor which fills vacant apprentice and trainee
positions and/or employment positions, identified in Paragraph B above, immediately
prior to undertaking work pursuant to a Section 3 covered contract, shall set forth
evidence acceptable to the Secretary of HUD that its actions were not an attempt to
circumvent these regulations.
4.
Each contract will be carefully monitored. Contractors and subcontractors shall
provide a successful workplace relationship with Section 3 Employees. However, to
safeguard against violation of the intent of Section 3, the Red Wing HRA will require that
contractors and subcontractors notify the Section 3 Coordinator’s office within 24 hours
after termination of a Section 3 employee. Additionally, the contractor and/or
subcontractors must fill the vacated position by hiring another qualified Section 3
resident, if available, within 48 hours, or provide documented evidence of their
unsuccessful efforts to hire a Section 3 resident.
5.
Each contractor must submit with his/her proposal, the number of all
prospective Section 3 positions, the job title and rate of pay. Prior to award of the
48
contract, the names and addresses of persons who will fill said positions, must be
submitted to the office of the Section 3 Coordinator.
E.
Waiver of Contract Value Limitations
All contractors and subcontractors performing work under this contract shall, with the
execution and submission of the Contractor's Section 3 Compliance Affidavit (Appendix
No. 3) and Section 3 Business Affidavit (Appendix No. 4) be deemed to have waived the
applicable dollar limitations set forth at 24 CFR 135 and shall, notwithstanding the value
of the contract, be subject to and comply with the provisions of Section 3.
F.
Reporting and Recordkeeping
All contractors and subcontractors (through the prime contractor), at the completion of
the project, shall provide to the Red Wing HRA, Attention: Section 3 Coordinator, as part
of the closing documents, a Notarized Statement with supporting documentation
(Appendices 1, 1-A, 2, 4 and 5 as appropriate), reflecting the actual Section 3 efforts
attained on the contract.
IV.
Section 3 PLAN
A.
In order to evaluate the proposed Section 3 participation the offeror must
provide the following;
1.
Provide a detailed narrative which completely describes the Section 3
employment plan for this solicitation. The narrative must include a description of any
and all Section 3 businesses and residents to be utilized including the estimated dollar
value of the contract or estimated wage to be paid. Additionally, the efforts undertaken
to seek Section 3 participation should be described in detail.
2.
Complete and return Appendices 1, 1A, 2, 3, 4, and 5. Mark as N/A (Not
Applicable), if necessary. Failure to return all appendices will cause your proposal to be
considered non-responsive. If additional copies of any Appendix is needed, the form
may be duplicated by the offeror.
B.
The following points will be assessed in order to evaluate the proposed Section
3 plan submitted as pertaining to the EVALUATION FACTOR for Section 3
compliance. There is a maximum of 15 points.
1.
Section 3 Business (Maximum of 8 points) (as determined by Appendix 4)
2.
Joint Venture with Section 3 Business (Maximum of 6 points) (as determined
by Appendix 4)
49
(a)
Joint Venture with Section 3 Business which is owned 51% or more by Section
3 residents equals: 6 points
(b)
Joint Venture with Section 3 Business whose permanent full time employees
include persons, at least 30% of whom are currently Section 3 residents, or were Section
3 residents within three (3) years of the date of first employment with the business
concern equals: 3 points
(c)
Joint Venture with Section 3 Business that provides evidence of a commitment
to subcontract in excess of 25% of the dollar award of all subcontracts to be awarded to
business concerns that meet the qualifications set forth in Section I.B.1 and I.B.2. equals:
2 points
3.
Subcontracting with Section 3 Businesses (Maximum of 4 Points) (as
determined by Appendix 2)
(a)
Greater than 30% (31% or more) of the total bid/proposal price equals: 4 points
(b)
21%- 30% of the total bid/proposal equals: 3 points
(c)
10% - 20% of the total bid/proposal equals: 2 points
4.
Proposed Section 3 Resident Workforce (Maximum of 3 Points) (as
determined by Appendices 1 and 1-A)
(a)
61% to 100% of the total number of employees equals: 3 Points
(b)
31% to 60% of the total number of employees equals: 2 Points
(c)
10% to 30% of the total number of employees equals: 1 Point
50
ECONOMIC OPPORTUNITIES AVAILABLE
Listed below are examples of some of the types of economic opportunities that may be
available.
Administrative/Management
accounting
clerical/record keeping
research
word processing
Services
ADP/computer
air conditioner repair
appliance repair
architecture
carpet consultants
catering
engineering
florists
janitorial
legal
manufacturing
marketing
monuments
photography
printing
Supplier
transportation
landscaping
Construction
bricklaying
carpentry
cement/masonry
demolition
drywall
electrical
elevator construction
fencing
heating
iron works
lathers
lead-based paint
removal
machine operation
painting
plastering
plumbing
surveying
51
Appendix 5 Davis-Bacon Wage Decision
General Decision Number: MN150057 03/27/2015
MN57
Superseded General Decision Number: MN20140057
State: Minnesota
Construction Type: Building
County: Goodhue County in Minnesota.
BUILDING CONSTRUCTION PROJECTS (does not include single
family
homes or apartments up to and including 4 stories).
Note: Executive Order (EO) 13658 establishes an hourly
minimum
wage of $10.10 for 2015 that applies to all contracts
subject
to the Davis-Bacon Act for which the solicitation is 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 $10.10 (or the
applicable wage rate listed on this wage determination, if
it
is higher) for all hours spent performing on the contract.
The
EO minimum wage rate will be adjusted annually. Additional
information on contractor requirements and worker
protections
under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number
0
1
Publication Date
01/02/2015
03/27/2015
ASBE0034-002 06/01/2014
Rates
Fringes
Asbestos Workers/Insulator
(Includes application of all
52
insulating materials,
protective coverings,
coatings & finishes to all
types of mechanical systems).....$ 41.30
19.83
----------------------------------------------------------BOIL0647-001 01/01/2013
Rates
Fringes
BOILERMAKER......................$ 32.40
25.37
----------------------------------------------------------BRMN0010-006 05/01/2014
GOODHUE (West part at a line due north and south from the
east
city limits of Wanamingo)
Rates
Fringes
BRICKLAYER.......................$ 35.38
16.62
----------------------------------------------------------CARP0322-002 05/01/2009
GOODHUE (Red Wing city limits extending 5 miles outward)
Rates
Fringes
CARPENTER (Including
Acoustical Ceiling
Installation and Drywall
Hanging, Excluding Form Work)....$ 26.81
16.11
----------------------------------------------------------CARP1382-001 05/01/2012
(Excluding Red Wing City limits & extending 5
outward)
Rates
miles
Fringes
CARPENTER (Including
Acoustical Ceiling
Installation and Drywall
Hanging, Excluding Form Work)....$ 26.60
15.31
----------------------------------------------------------ELEC0110-018 05/01/2014
53
GOODHUE (West of Belle Creek, Minneola, Roscoe & Vasa
Townships),
Rates
Fringes
ELECTRICIAN......................$ 37.28
25.33
----------------------------------------------------------ELEC0343-009 07/01/2014
GOODHUE (Except that portion west of Belle Creek,
Minneola,
Roscoe & Vasa Townships
Rates
Fringes
ELECTRICIAN......................$ 33.47
12%+12.59
----------------------------------------------------------* ELEV0009-004 01/01/2015
Rates
ELEVATOR MECHANIC................$ 44.93
Fringes
28.385
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.
----------------------------------------------------------ENGI0049-055 05/01/2014
Rates
OPERATOR:
GROUP
GROUP
GROUP
GROUP
GROUP
Power Equipment
1.....................$
2.....................$
3.....................$
4.....................$
5.....................$
36.94
36.60
35.19
34.85
34.68
Fringes
16.45
16.45
16.45
16.45
16.45
54
GROUP 6.....................$ 33.17
GROUP 7.....................$ 32.05
GROUP 8.....................$ 30.04
16.45
16.45
16.45
POWER EQUIPMENT OPERATOR CLASSIFICATIONS
GROUP 1: Truck & Crawler Crane with 200' of Boom & Over,
including Jib ($.50 premium with 300' of Boom & over,
including jib); & Tower Crane 250' & Over.
GROUP 2: Truck & Crawler Crane with 150' of Boom, up to
but
not including 200' of Boom, including Jib; & Tower Crane
200' & Over.
GROUP 3: Traveling Tower Crane; Truck & Crawler Crane,
up to
but not including 150' of Boom, including Jib; Tower
Crane
(Stationary) up to 200'; All-Terrain Vehicle Crane.
GROUP 4: Backhoe/Track/Trackhoe, Hoist (3 drums or
more);
Overhead Crane (inside building perimeter).
GROUP 5: Asphalt Spreader, Bulldozer, Forklift,
Compressor
450 CFM or over (2 or more machines); Boom Truck up to
100
ft, Loader over 1 cu yd, Hoist (1 or 2 drums); Roller,
Scraper, Tractor over D2.
GROUP 6: Bobcat/Skid Loader, Loader up to 1 cu. yd.,
Tractor
D2 or similar size.
GROUP 7:
GROUP 8:
Crane Oiler.
Oiler, Greaser (Tractor/Truck).
----------------------------------------------------------IRON0512-005 06/09/2013
Rates
IRONWORKER, ORNAMENTAL,
REINFORCING, AND STRUCTURAL......$ 34.15
Fringes
22.05
55
----------------------------------------------------------LABO0132-012 05/01/2012
GOODHUE (Southern half)
Rates
Fringes
LABORERS
(1) Common or General,
Form Work...................$ 21.50
14.73
(2) Bottom Person,
Pipelayer...................$ 22.20
14.73
(3) Mason Tender (Brick,
Cement/Concrete)............$ 22.75
14.73
----------------------------------------------------------LABO0132-021 05/01/2012
GOODHUE (North of CSAH 9 excluding Lake City)
Rates
Fringes
LABORERS
(1) Common or General,
Form Work, Mason Tender
(Brick, Cement/Concrete)....$ 25.98
16.52
(2) Bottom Person,
Pipelayer...................$ 26.48
16.52
----------------------------------------------------------LABO0132-024 01/01/2012
Rates
Fringes
LABORER (ASBESTOS ABATEMENT)
Removal from Floors, Walls
& Ceilings..................$ 27.33
14.94
----------------------------------------------------------LABO0132-025 05/01/2012
Rates
Fringes
LABORER (LANDSCAPE)..............$ 17.49
12.10
----------------------------------------------------------PAIN0681-011 05/01/2014
Rates
Fringes
Drywall
56
Finisher/Taper..............$ 26.71
14.45
Sander......................$ 20.03
14.45
----------------------------------------------------------PAIN0681-014 05/01/2014
Rates
PAINTER (Brush & Roller).........$ 26.76
Fringes
14.34
Paperhanger & Steel - $0.25 per hour additional.
Sandblast - $0.50 per hour additional
Stageman and Beltman - $1.00 per hour additional
Application of Epoxy, Creosote, other Toxic Materials $0.25
per hour additional.
----------------------------------------------------------PLUM0006-008 05/01/2013
GOODHUE (Southern half)
Rates
Fringes
PIPEFITTER (Including HVAC
Pipe Installation)...............$ 36.61
16.40
PLUMBER (Excluding HVAC Pipe
Installation)....................$ 36.61
16.40
----------------------------------------------------------PLUM0034-010 05/01/2013
GOODHUE (Northern half)
Rates
PLUMBER (Excluding HVAC Pipe
Installation)....................$ 39.99
Fringes
20.81
FOOTNOTE:
Paid Holiday: Labor Day
----------------------------------------------------------PLUM0455-004 05/01/2013
GOODHUE (Northern half)
Rates
Fringes
PIPEFITTER (Including HVAC
57
Pipe Installation)...............$ 39.98
23.18
FOOTNOTE:
Paid Holiday: Labor Day
----------------------------------------------------------ROOF0096-006 05/01/2014
Rates
ROOFER...........................$ 35.06
Fringes
14.68
FOOTNOTE: Paid Holiday - Labor Day
----------------------------------------------------------SFMN0669-002 07/01/2013
Rates
Fringes
SPRINKLER FITTER.................$ 32.52
16.87
----------------------------------------------------------SHEE0010-066 05/01/2011
Rates
Fringes
SHEET METAL WORKER (Including
HVAC Duct and System
Installation)....................$ 29.54
17.44
----------------------------------------------------------SUMN2009-011 07/27/2009
Rates
Fringes
CEMENT MASON/CONCRETE FINISHER...$ 24.88
6.24
LABORER:
Roof Tearoff...........$ 10.42
2.08
OPERATOR:
Excavator.............$ 17.64
2.97
OPERATOR:
Mechanic..............$ 15.25
1.39
Spray..................$ 17.50
4.11
PAINTER:
TRUCK DRIVER: Dump Truck........$ 13.92
1.08
----------------------------------------------------------WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
58
===========================================================
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)).
-----------------------------------------------------------
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
59
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
60
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
61
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
62
MAKING
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June 2006
U.S. Department of Housing and Urban Development
A Contractor’s
Guide to
Prevailing
Wage
Requirements
for
Federally-Assisted
Construction
Projects
Introduction
T
MAKING
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A Contractor’s Guide
to Prevailing
Wage Requirements
for Federally-Assisted
Construction Projects
his Guide has been prepared for you as a contractor performing work on
construction projects that are assisted by the Department of Housing and
Urban Development and subject to Davis-Bacon prevailing wage requirements. This Guide does not address contractor requirements involved in
direct Federal contracting where HUD or another Federal agency enters
into a procurement contract. In this latter case, the Federal Acquisition
Regulations (FAR) are applicable. While the guidance contained in this Guide
is generally applicable to any Davis-Bacon covered project, specific questions
pertaining to direct Federal contracts should be addressed to the Contracting Officer who signed the contract for the Federal agency.
Our objective here is to provide you with a guide which is simple and nonbureaucratic yet comprehensive and which will help you better understand
and comply with Davis-Bacon labor standards. HUD’s Office of Labor
Relations worked closely with the Department of Labor’s Wage and Hour
Division to make sure that the labor standards provisions in your contract
and the specifics of complying with them represent the latest information. It
is the Department of Labor which has general administrative oversight of all
Federal contracting agencies, such as HUD, which administer the day-to-day
responsibilities of enforcing Davis-Bacon provisions in construction contracts
they either fund or assist in funding.
There are three chapters in this Guide. The first chapter offers a brief
description of the laws and regulations associated with Federal labor
standards administration and enforcement and discusses both what’s in your
contract that requires Davis-Bacon compliance and your responsibilities.
The second chapter deals with labor standards and payroll reporting
requirements. The third chapter discusses what can happen in the event
there is a dispute about the wage rates that should be (or have been) paid
and any back wages that may be due.
Finally, not all HUD construction projects are covered by Davis-Bacon wage
rates. For the purpose of this Guide, we are assuming that a determination
has already been made that Davis-Bacon wage rates are applicable. Should
you wish assistance in determining whether Davis-Bacon wage rates apply to
a particular project or if you need other related technical assistance, please
consult with the HUD Labor Relations Field staff for your area. If you don’t
know which staff to contact, a list of Labor Relations field offices and their
geographic areas and telephone numbers can be found on HUD’s Home
Page at the address below.
Visit the Office of Labor Relations
on the World Wide Web HUD Home Page at:
http://www.hud.gov/offices/olr
Obtain additional copies of this Guide and other publications at our web site
or by telephone from HUD’s Customer Service Center at (800) 767-7468.
i
Table of Contents
Introduction ............................................................................................... i
CHAPTER 1.
Laws, Regulations, Contracts and Responsibilities
1-1 Davis-Bacon and Other Labor Laws .................................. 1-1
a. The Davis-Bacon Act (DBA) ........................................................ 1-1
b. The Contract Work Hours and Safety Standards Act
(CWHSSA) ................................................................................... 1-1
c. The Copeland Act (Anti-Kickback Act) ........................................ 1-2
d. The Fair Labor Standards Act (FLSA) .......................................... 1-2
MAKING
DAVIS-BACON
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A Contractor’s Guide
to Prevailing
Wage Requirements
for Federally-Assisted
Construction Projects
1-2 Davis-Bacon Regulations ........................................................ 1-2
1-3 Construction Contract Provisions ...................................... 1-2
1-4 Responsibility of the Principal Contractor ..................... 1-3
1-5 Responsibility of the Contract Administrator .............. 1-3
CHAPTER 2.
How to Comply with Labor Standards
and Payroll Reporting Requirements
SECTION I — THE BASICS
2-1 The Wage Decision ................................................................... 2-1
a. The work classifications and wage rates ..................................... 2-1
b. Posting the wage decision ............................................................ 2-2
2-2 Additional “Trade” Classifications
and Wage Rates ........................................................................... 2-2
a.
b.
c.
d.
Additional classification rules ....................................................... 2-2
Making the request ....................................................................... 2-2
HUD review ................................................................................. 2-3
DOL decision................................................................................ 2-3
2-3 Certified Payroll Reports ........................................................ 2-3
a.
b.
c.
d.
e.
f.
Payroll formats ............................................................................. 2-3
Payroll certifications ..................................................................... 2-4
“No work” payrolls ...................................................................... 2-4
Payroll review and submission ..................................................... 2-4
Payroll retention ........................................................................... 2-4
Payroll inspection ........................................................................ 2-5
iii
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2-4 Davis-Bacon Definitions .......................................................... 2-5
a.
b.
c.
d.
e.
f.
g.
h.
i.
Laborer or mechanic. .................................................................
Employee ....................................................................................
Apprentices and trainees ............................................................
Prevailing wages or wage rates ..................................................
Fringe benefits .............................................................................
Overtime .....................................................................................
Deductions ..................................................................................
Proper designation of trade ........................................................
Site of work .................................................................................
2-5
2-5
2-5
2-6
2-7
2-7
2-7
2-8
2-8
SECTION II — REPORTING REQUIREMENTS
2-5 Completing a Payroll Report ................................................ 2-8
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
Project and contractor/subcontractor information ................... 2-9
Employee information ................................................................. 2-9
Work classification ...................................................................... 2-9
Hours worked ............................................................................. 2-9
Rate of pay .................................................................................. 2-9
Gross wages earned ................................................................. 2-10
Deductions ................................................................................ 2-10
Net pay ..................................................................................... 2-10
Statement of compliance .......................................................... 2-10
Signature ................................................................................... 2-11
SECTION III — PAYROLL REVIEWS AND CORRECTIONS
2-6 Compliance Reviews .............................................................. 2-11
a. On-site interviews ..................................................................... 2-11
b. Project payroll reviews ............................................................. 2-11
2-7 Typical Payroll Errors
and Required Corrections. ................................................. 2-11
a.
b.
c.
d.
e.
f.
g.
h.
I.
j.
k.
l.
iv
Inadequate payroll information ................................................. 2-12
Missing addresses and Social Security Numbers .................... 2-12
Incomplete payrolls .................................................................. 2-12
Classifications ............................................................................ 2-12
Wage rates ................................................................................. 2-12
Apprentices and trainees .......................................................... 2-12
Overtime ................................................................................... 2-12
Computations ............................................................................ 2-13
Deductions ............................................................................... 2-13
Fringe benefits ........................................................................... 2-13
Signature ................................................................................... 2-13
On-site interview comparisons ................................................ 2-13
2-8 Restitution for Underpayment of Wages ..................... 2-13
a.
b.
c.
d.
e.
Notification to the employer/prime contractor ..................... 2-13
Computing wage restitution ..................................................... 2-14
Correction payrolls ................................................................... 2-14
Review of correction CPR ........................................................ 2-14
Unfound workers ...................................................................... 2-14
A Contractor’s Guide
to Prevailing
Wage Requirements
for Federally-Assisted
Construction Projects
CHAPTER 3.
Labor Standards Disputes, Administrative Reviews,
Withholding, Deposits and Escrow Accounts, and
Sanctions
3-1 Introduction ................................................................................. 3-1
3-2 Administrative Review on
Labor Standards Disputes ..................................................... 3-1
a. Additional classifications and wage rates ...................................... 3-1
b. Findings of underpayment ............................................................ 3-2
3-3 Withholding .................................................................................. 3-2
3-4 Deposits and Escrow Accounts ............................................ 3-3
3-5 Administrative Sanctions ....................................................... 3-4
a. DOL debarment ........................................................................... 3-4
b. HUD sanctions ............................................................................. 3-4
3-6 Falsification of Certified Payroll Reports ......................... 3-4
Index ........................................................................................................ A-1
Acronyms and Symbols ................................................................... A-3
Davis-Bacon – Related Web Sites ............................................... A-3
Exhibits
HUD-4720, Project Wage Rate Sheet ............................................. A-4
WH-347, Payroll Form ..................................................................... A-5
Statement of Compliance .................................................. A-6
v
CHAPTER 1.
Laws, Regulations, Contracts
and Responsibilities
T
he following paragraphs describe what the labor standards laws and
regulations actually say and what they mean to you on HUD projects:
MAKING
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A Contractor’s Guide
to Prevailing
Wage Requirements
for Federally-Assisted
Construction Projects
1-1 Davis-Bacon and Other Labor Laws
a. The Davis-Bacon Act (DBA)
The Davis-Bacon Act requires the payment of prevailing wage rates
(which are determined by the U.S. Department of Labor) to all
laborers and mechanics on Federal government and District of
Columbia construction projects in excess of $2,000. Construction
includes alteration and/or repair, including painting and decorating,
of public buildings or public works.
Most HUD construction work is not covered by the DBA itself since HUD seldom
contracts directly for construction services. Most often, if Davis-Bacon wage rates apply
to a HUD project it is because of a labor provision contained in one of HUD’s “Related
Acts” such as the U.S. Housing Act of 1937, the National Housing Act, the Housing and
Community Development Act of 1974, the National Affordable Housing Act of 1990,
and the Native American Housing Assistance and Self-Determination Act of 1996. The
Related Acts are often referred to as the Davis-Bacon and Related Acts or DBRA.
b. The Contract Work Hours and
Safety Standards Act (CWHSSA)
CWHSSA requires time and one-half pay for overtime (O/T) hours
(over 40 in any workweek) worked on the covered project. The
CWHSSA applies to both
CWHSSA does not apply to prime contracts of $100,000 or less. In
direct Federal contracts and
addition, some HUD projects are not covered by CWHSSA because
to indirect Federally-assisted
some HUD programs only provide loan guarantees or insurance.
contracts except where the
CWHSSA also does not apply to construction or rehabilitation
assistance is solely in the
contracts that are not subject to Federal prevailing wage rates (e.g.,
nature of a loan guarantee or
Davis-Bacon wage rates, or HUD-determined rates for operation of
insurance. CWHSSA violapublic housing and Indian block grant-assisted housing). However,
tions carry a liquidated
even though CWHSSA overtime pay is not required, Fair Labor
damages penalty ($10/day per
Standards Act (FLSA) overtime pay is probably still applicable. (See
violation). Intentional violaalso Labor Relations Letter SL-95-01, CWHSSA Coverage threshold for
tions of CWHSSA standards
overtime and health and safety provisions, available on-line at the HUD
can be considered for Federal
Labor Relations Library at: www.hud.gov/offices/olr/library.cfm)
criminal prosecution.
1-1
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c. The Copeland Act (Anti-Kickback Act)
The Copeland Act makes it a Federal crime for anyone to require
any laborer or mechanic (employed on a Federal or Federallyassisted project) to kickback (i.e., give up or pay back) any part of
their wages. The Copeland Act requires every employer (contractors and subcontractors) to submit weekly certified payroll reports
(CPRs) and regulates permissible payroll deductions.
d. The Fair Labor Standards Act (FLSA)
The FLSA contains Federal minimum wage rates, overtime (O/T),
and child labor requirements. These requirements generally apply
to any labor performed. The DOL has the authority to administer
and enforce FLSA. HUD will refer to the DOL any possible FLSA
violations that are found on HUD projects.
1-2 Davis-Bacon Regulations
The Department of Labor (DOL) has published rules and instructions
concerning Davis-Bacon and other labor laws in the Code of Federal
Regulations (CFR). These regulations can be found in Title 29 CFR
Parts 1, 3, 5, 6 and 7. Part 1 explains how the DOL establishes and
publishes DBA wage determinations (aka wage decisions) and provides
instructions on how to use the determinations. Part 3 describes
Copeland Act requirements for payroll deductions and the submission
of weekly certified payroll reports. Part 5 covers the labor standards
provisions that are in your contract relating to Davis-Bacon Act wage
rates and the responsibilities of contractors and contracting agencies to
administer and enforce the provisions. Part 6 provides for administrative proceedings enforcing Federal labor standards on construction and
service contracts. Last, Part 7 sets parameters for practice before the
Administrative Review Board. These regulations are used as the basis
for administering and enforcing the laws.
DOL Regulations are
available on-line on the
World Wide Web:
http://www.dol.gov/dol/
allcfr/Title_29/toc.htm
1-3 Construction Contract Provisions
Each contract subject to Davis-Bacon labor standards requirements
must contain labor standards clauses and a Davis-Bacon wage decision.
These documents are often bound into the contract specifications.
HUD program labor standards
forms are available on-line at:
www.hudclips.org/cgi/
index.cgi
1-2
a. The Labor Standards Clauses
The labor standards clauses describe the responsibilities of the
contractor concerning Davis-Bacon wages and obligate the
contractor to comply with the labor requirements. The labor
standards clauses also provide for remedies in the event of violations, including withholding from payments due to the contractor
to ensure the payment of wages or liquidated damages which may
be found due. These contract clauses enable the contract administrator to enforce the Federal labor standards applicable to the
project. HUD has standard forms that contain contract clauses.
For example, the HUD-2554, Supplementary Conditions to the
Contract for Construction, which is issued primarily for FHA
multifamily housing and other construction projects administered
by HUD; the HUD-4010, Federal Labor Standards Provisions,
which is used for CDBG and HOME projects, and the HUD-5370,
General Conditions of the Contract for Construction – Public and
Indian Housing Program.
b. Davis-Bacon Wage Decisions
The Davis-Bacon wage decision (or wage determination) is a
listing of various construction work classifications, such as Carpenter, Electrician, Plumber and Laborer, and the minimum wage
rates (and fringe benefits, where prevailing) that people performing work in those classifications must be paid.
A Contractor’s Guide
to Prevailing
Wage Requirements
for Federally-Assisted
Construction Projects
Davis-Bacon wage decisions are established by the DOL for
various types of construction (e.g., residential, heavy, highway)
and apply to specific geographic areas, usually a county
or group of counties. Wage decisions are modified
All current Davis-Bacon wage
from time to time to keep them current. In most
decisions can be accessed on-line
cases, when the contract is awarded or when construcat no cost at:
tion begins, the wage decision is “locked-in” and no
www.wdol.gov
future modifications are applicable to the contract or
project involved.
1-4 Responsibility of the Principal Contractor
The principal contractor (also referred to as the prime or general
contractor) is responsible for the full compliance of all employers
(the contractor, subcontractors and any lower-tier subcontractors)
with the labor standards provisions applicable to the project. Because
of the contractual relationship between a prime contractor and his/her
subcontractors, subcontractors generally should communicate with
the contract administrator only through the prime contractor. (See
Contract Administrator, below.)
To make this Guide easier to understand, the term “prime contractor” will
mean the principal contractor; “subcontractor” will mean all subcontractors
including lower-tier subcontractors; and the term “employer” will mean all
contractors as a group, including the prime contractor and any subcontractors
and lower-tier subcontractors.
1-5 Responsibility of the Contract Administrator
The contract administrator is responsible for the proper administration and enforcement of the Federal labor standards provisions on
contracts covered by Davis-Bacon requirements. We use this term to
represent the person (or persons) who will provide labor standards
advice and support to you and other project principals (e.g., the owner,
sponsor, architect), including providing the proper Davis-Bacon wage
decision (see ¶2-1, The Wage Decision) and ensuring that the wage
decision and contract clauses are incorporated into the contract for
construction. The contract administrator also monitors labor standards
compliance (see ¶2-6, Compliance Reviews) by conducting interviews
with construction workers at the job site and reviewing payroll reports, and oversees any enforcement actions that may be required.
The contract administrator could be an employee or agent of HUD,
or of a city or county or public housing agency. For HUD projects
administered directly by HUD staff, usually FHA-insured multifamily
projects, the contract administrator will be the HUD Labor Relations
field staff. But many HUD-assisted projects are administered by
local contracting agencies such as Public Housing Agencies (PHAs),
1-3
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Indian tribes and tribally-designated housing entities (TDHEs), and
States, cities and counties under HUD’s Community Development
Block Grant (CDBG) and HOME programs. In these cases, the contract administrator will likely be local agency staff. In either case, the
guidance for you remains essentially the same.
The DOL also has a role in monitoring Davis-Bacon administration and
enforcement. In addition, DOL has independent authority to conduct
investigations. A DOL investigator or other DOL representative may
visit Davis-Bacon construction sites to interview construction workers
or review payroll information.
1-4
CHAPTER 2.
How to Comply with
Labor Standards and Payroll
Reporting Requirements
A Contractor’s Guide
to Prevailing
Wage Requirements
for Federally-Assisted
Construction Projects
Where to start?
Now that you know you’re on a Davis-Bacon project and you know some
of the legal and practical implications, what’s next?
SECTION 1 — THE BASICS
2-1 The Wage Decision
Davis-Bacon labor standards stipulate the wage payment requirements
for Carpenters, Electricians, Plumbers, Roofers, Laborers, and
other construction work classifications that may be needed
Remember, the wage decision
for the project. The Davis-Bacon wage decision that
is contained in the contract
applies to the project contains a schedule of work classifispecifications along with the
cations and wage rates that must be followed. If you don’t
labor standards clauses. See ¶1-3,
have it already (and by now you should), you’ll want to get
Construction Contract Provisions.
a copy of the applicable Davis-Bacon wage decision.
a. The Work Classifications and Wage Rates
A Davis-Bacon wage decision is simply a listing of different work
classifications and the minimum wage rates that must be paid to
anyone performing work in those classifications. You’ll want to
make sure that the work classification(s) you need are contained in
the wage decision and make certain you know exactly what wage
rate(s) you will need to pay. Some wage decisions cover several
counties and/or types of construction work (for example, residential and commercial work) and can be lengthy and difficult to read.
Contact the contract administrator (HUD Labor Relations field staff
or local agency staff) if you have any trouble reading the wage
decision or finding the work classification(s) you need.
To make reading lengthy wage decisions easier for you,
the contract administrator may prepare a Project
Wage Rate Sheet (HUD-4720). This Sheet is a one-page
transcript that will show only the classifications and wage
rates for a particular project. A blank copy of a Project
Wage Rate Sheet is provided for you in the appendix.
Also, a fillable version of this form is available on-line at
HUDClips (see web address in the Appendix). Contact
the contract administrator monitoring your project for
assistance with a Project Wage Rate Sheet.
2-1
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b. Posting the Wage Decision
If you are the prime contractor, you will be responsible for
posting a copy of the wage decision (or the Project Wage Rate
Sheet) and a copy of a DOL poster called Notice to All Employees
(Form WH-1321) at the job site in a place that is easily accessible
to all of the construction workers employed at the project and
where the wage decision and poster won’t be destroyed by wind
or rain, etc. The Notice to All Employees poster is available on-line
at HUDClips (see address in the Appendix).
2-2 Additional “Trade” Classifications and Wage Rates
What if the work classification you need isn’t on the wage
decision? If the work classification(s) that you need doesn’t appear on
the wage decision, you will need to request an additional classification and wage rate. This process is usually very simple and you’ll want
to start the request right away. Basically, you identify the classification
you need and recommend a wage rate for DOL to approve for the
project. There are a few rules about additional classifications; you’ll find
these rules in the DOL regulations, Part 5, and in the labor clauses in
your contract. The rules are summarized for you here:
a. Additional Classification Rules
Additional classifications and wage rates can be approved if:
1) The requested classification is used by construction contractors in the area of the project. (The area is usually defined as
the county where the project is located).
2) The work that will be performed by the requested classification is not already performed by another classification that is
already on the wage decision. (In other words, if there already
is an Electrician classification and wage rate on the wage
decision you can’t request another Electrician classification
and rate.)
3) The proposed wage rate for the requested classification “fits”
with the other wage rates already on the wage decision. (For
example, the wage rate proposed for a trade classification such
as Electrician must be at least as much as the lowest wage rate
for other trade classifications already contained in the wage
decision.) And,
4) The workers that will be employed in the added classification
(if it is known who the workers are/will be), or the workers’
representatives, must agree with the proposed wage rate.
b. Making the Request
A request for additional classification and wage rate must be made
in writing through the contract administrator. (If the contract
administrator is a local agency, the agency will send the request
to the HUD Labor Relations staff.) If you are a subcontractor, your
request should also go through the prime contractor. All you need
to do is identify the work classification that is missing and recommend a wage rate (usually the rate that employer is already paying
to the employees performing the work) for that classification.
You may also need to describe the work that the new classification
will perform.
2-2
c. HUD Review
The HUD Labor Relations field staff will review the requested
classification and wage rate to determine whether the request
meets the DOL rules outlined in paragraph 2-2(a), above. If additional information or clarification is needed, the staff will contact
the prime contractor (or contract administrator for local agency
projects) for more information, etc. If the Labor Relations review
finds that the request meets the rules, the staff will give preliminary
approval on the request and refer it to the DOL for final approval.
The staff will send to you a copy of the preliminary approval/
referral letter to the DOL.
A Contractor’s Guide
to Prevailing
Wage Requirements
for Federally-Assisted
Construction Projects
If the HUD Labor Relations staff doesn’t think the request meets
the rules and if agreement can’t be reached on the proper classification or wage rate for the work described, the HUD Labor
Relations staff will not approve the request. In this case, the staff
will send your request to the DOL with an explanation why HUD
believes that the request shouldn’t be approved. The DOL still has
final decision authority. You will receive a copy of the disapproval/
referral letter to the DOL.
d. DOL Decision
The DOL will respond to HUD Labor Relations in writing about
the additional classification and wage rate request. HUD Labor
Relations will notify you of the DOL decision in writing. If the DOL
approves the request, the prime contractor must post the approval
notice on the job site with the wage decision.
If the DOL does not approve the request, you will be notified about
what classification and wage rate should be used for the work in
question. You will also receive instructions about how to ask for
DOL reconsideration if you still want to try to get your recommendation approved.
It’s always a good idea to talk to the contract administrator before submitting an additional
classification and wage rate request. The contract administrator can offer suggestions and
advice that may save you time and increase the likelihood that DOL will approve your request.
Usually, the contract administrator can give you an idea about what the DOL will finally decide.
2-3 Certified Payroll Reports
You’ll need to submit a weekly certified payroll report (CPR) beginning with the first week that your company works on the project and
for every week afterward until your firm has
completed its work. It’s always a good idea to
You are not required to use Payroll
number the payroll reports beginning with
Form WH-347. You are welcome to
#1 and to clearly mark your last payroll for
use any other type of payroll, such as
the project “Final.”
computerized formats, as long as it
contains all of the information that is
required on the WH-347.
a. Payroll Formats
The easiest form to use is DOL’s
WH-347, Payroll. A sample copy of the
WH-347 is included in the back of this Guide. You may access a
fillable version of the WH-347 on-line at HUDClips (see web
address in the Appendix). Also, the contract administrator can
provide a few copies of the WH-347 that you can reproduce.
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b. Payroll Certifications
The weekly payrolls are called certified because each payroll is
signed and contains language certifying that the information is true
and correct. The payroll certification language is on the reverse
side of the WH-347. If you are using another type of payroll format
you may attach the certification from the back of the WH-347,
or any other format which contains the same certification language on the WH-347 (reverse).
DOL’s website has Payroll Instructions,
and the Payroll Form WH-347, in a “fillable”
PDF format at this address:
www.dol.gov/esa/programs/dbra/
forms.htm and at HUDClips.
If you number your payroll
reports consecutively,
you do not need to submit
“no work” payrolls!
c. “No Work” Payrolls
“No work” payrolls may be submitted whenever there is a
temporary break in your work on the project, for example, if
your firm is not needed on the project right now but you will be
returning to the job in a couple of weeks. (See Tip Box, below, for
“no work” payroll exemption!) However, if you know that your firm
will not be working on the project for an extended period of
time, you may wish to send a short note to the contract administrator to let them know about the break in work and to give an
approximate date when your firm will return to the project. If
you send a note, you do not need to send “no work” payrolls.
d. Payroll Review and Submission
The prime contractor should review each subcontractor’s payroll
reports for compliance prior to submitting the reports to the
contract administrator. Remember, the prime contractor is responsible for the full compliance of all subcontractors on the contract
and will be held accountable for any wage restitution that may be
found due to any laborer or mechanic that is underpaid and for any
liquidated damages that may be assessed for overtime violations.
All of the payroll reports for any project must be submitted to the
contract administrator through the prime contractor.
An alert prime contractor that reviews subcontractor
payroll submissions can detect any misunderstandings
early, prevent costly underpayments and protect itself
from financial loss should underpayments occur.
e. Payroll Retention
Every contractor (including every subcontractor) must keep a
complete set of their own payrolls and other basic records such
as time cards, tax records, evidence of fringe benefit payments,
2-4
for a Davis-Bacon project for at least 3 years after the project is
completed. The prime contractor must keep a complete set of all
of the payrolls for every contractor (including subcontractors) for
at least 3 years after completion of the project.
f.
Payroll Inspection
In addition to submitting payrolls to the contract administrator,
every contractor (including subcontractors) must make their own
copy of the payrolls and other basic records available for review
or copying to any authorized representative from HUD or from
DOL.
A Contractor’s Guide
to Prevailing
Wage Requirements
for Federally-Assisted
Construction Projects
2-4 Davis-Bacon Definitions
Before we discuss how to complete the weekly payroll forms, we
need to review a couple of definitions. These definitions can help you
understand what will be required of you:
a. Laborer or Mechanic
“Laborers” and “mechanics” mean anyone who is performing
construction work on the project, including trade journeymen
(carpenters, plumbers, sheet metal workers, etc.), apprentices,
trainees and, for CWHSSA purposes, watchmen and guards.
“Laborers” and “mechanics” are the two groups of workers that
must be paid not less than Davis-Bacon wage rates.
1) Working foremen. Foremen or supervisors that regularly
spend more than 20% of their time performing construction
work and do not meet the exclusions in paragraph 2 below are
covered “laborers” and “mechanics” for labor standards
purposes for the time spent performing construction work.
2) Exclusions. People whose duties are primarily administrative,
executive or clerical are not laborers or mechanics. Examples
include superintendents, office staff, timekeepers, messengers,
etc. (Contact the contract administrator if you have any
questions about whether a particular employee is excluded.)
b. Employee
Every person who performs the work of a laborer
or mechanic is “employed” regardless of any contractual relationship which may be alleged to exist
between a contractor or subcontractor and such
person. This means that even if there is a contract
between a contractor and a worker, the contractor
must make sure that the worker is paid at least as
much as the wage rate on the wage decision for the
classification of work they perform. Note that
there are no exceptions to the prevailing wage
requirements for relatives or for self-employed
laborers and mechanics.
For more information about working subcontractors, ask the contract administrator
or your HUD Labor Relations Field Staff for
a copy of Labor Relations Letter LR-96-01,
Labor standards compliance requirements for
self-employed laborers and mechanics. Labor
Relations Letters and other helpful Labor
Relations publications are available at HUD’s
Labor Relations web site (see the list of web
site addresses in the Appendix).
c. Apprentices and Trainees
The only workers who can be paid less than the wage rate on the
wage decision for their work classification are “apprentices” and
“trainees” registered in approved apprenticeship or training
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MAKING
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programs, including Step-Up apprenticeship programs designed
for Davis-Bacon construction work. Approved programs are
those which have been registered with the DOL or a DOLrecognized State Apprenticeship Council (SAC). Apprentices and
trainees are paid wage rates in accordance with the wage schedule in the approved program.
Most often, the apprentice/trainee wage rate is
expressed as a series of percentages tied to the
amount of time spent in the program. For example,
0-6 months: 65%; 6 months – 1 year: 70%; etc. The
percentage is applied to the journeyman’s wage rate.
On Davis-Bacon projects, the percentage must be
applied to the journeyman’s wage rate on the
applicable wage decision for that craft.
1) Probationary apprentice. A “probationary apprentice”
can be paid as an apprentice (less than the rate on the wage
decision) if the DOL or SAC has certified that the person is
eligible for probationary employment as an apprentice.
2) Pre-apprentice. A “pre-apprentice”, that is, someone who
is not registered in a program and who hasn’t been DOL- or
SAC-certified for probationary apprenticeship is not considered to be an “apprentice” and must be paid the full journeyman’s rate on the wage decision for the classification of work
they perform.
3) Ratio of apprentices and trainees to journeymen. The
maximum number of apprentices or trainees that you can use
on the job site can not exceed the ratio of apprentices or
trainees to journeymen allowed in the approved program.
d. Prevailing Wages or Wage Rates
Prevailing wage rates are the wage rates listed on the wage decision for the project. The wage decision will list a minimum basic
hourly rate of pay for each work classification. Some wage decisions include fringe benefits which are usually listed as an hourly
fringe rate. If the wage decision includes a fringe benefit rate for a
classification, you will need to add the fringe benefit rate to the
basic hourly rate unless you provide bona fide fringe benefits for
your employees.
2-6
1) Piece-work. Some employees are hired on a piece-work
basis, that is, the employee’s earnings are determined by a
factor of work produced. For example, a Drywall Hanger’s
earnings may be calculated based upon the square feet of
sheetrock actually hung, a Painter’s earnings may be based
upon the number of units painted. Employers may calculate
weekly earnings based upon piece rates provided the weekly
earnings are sufficient to satisfy the wage rate requirement
based upon actual hours, including any overtime, worked.
Accurate time records must be maintained for any piece-work
employees. If the weekly piece rate earnings are not sufficient,
the employer must recompute weekly earnings based upon the
actual hours worked and the rate on the wage decision for the
work classification(s) involved.
e. Fringe Benefits
Fringe benefits can include health insurance premiums, retirement
contributions, life insurance, vacation and other paid leave as well
as some contributions to training funds. Fringe benefits do not
include employer payments or contributions required by other
Federal, State or local laws, such as the employer’s contribution
to Social Security or some disability insurance payments.
A Contractor’s Guide
to Prevailing
Wage Requirements
for Federally-Assisted
Construction Projects
Note that the total hourly wage rate paid to any laborer or mechanic (basic wage or
basic wage plus fringe benefits) may be no less than the total wage rate (basic wage or
basic wage plus fringe benefits) on the wage decision for their craft. If the value of the
fringe benefit(s) you provide is less than the fringe benefit rate on the wage decision, you
will need to add the balance of the wage decision fringe benefit rate to the basic rate paid
to the employee. For example, if the wage decision requires $10/hour basic rate plus
$5/hour fringe benefits, you must pay no less than that total ($15/hour) in the basic rate
or basic rate plus whatever fringe benefit you may provide. You can meet this obligation
in several ways: you could pay the base wage and fringe benefits as stated in the wage
decision, or you could pay $15 in base wage with no fringe benefits, or you could pay
$12 basic plus $3 fringe benefits. You can also off-set the amount of the base wage if you
pay more in fringe benefits such as by paying or $9 basic plus $6 fringe benefits; as long
as you meet the total amount. The amount of the base wage that you may off-set with
fringe benefits is limited by certain IRS and FLSA requirements.
f.
Overtime
Overtime hours are defined as all hours worked on the contract
in excess of 40 hours in any work week. Overtime hours must be
paid at no less than one and one-half times the regular rate of
basic pay plus the straight-time rate of any required fringe benefits.
Referring to our example above where the wage decision
requiring a $15 total wage obligation ($10 basic wage
plus $5 fringe benefits) was met by paying $9 base wage
plus $6 fringe benefits: Note that overtime rates must be
based on one and one-half times the basic rate as stated
on the wage decision. In the above example, the employer
must pay for overtime: $15/hr ($9 basic + $6 fringe)
plus $5 (one-half of $10, the wage decision basic rate)
for a total of $20 per hour.
g. Deductions
You may make payroll deductions as permitted by DOL Regulations 29 CFR Part 3. These regulations prohibit the employer
from requiring employees to “kick-back” (i.e., give up) any of their
earnings. Allowable deductions which do not require prior DOL
permission include employee obligations for income taxes, Social
Security payments, insurance premiums, retirement, savings
accounts, and any other legally-permissible deduction authorized
by the employee. Deductions may also be made for payments on
judgements and other financial obligations legally imposed against
the employee.
2-7
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h. Proper Designation of Trade
You must select a work classification on the wage decision for each
worker based on the actual type of work he/she performed and
you must pay each worker no less than the wage rate on the wage
decision for that classification regardless of their level of skill. In
other words, if someone is performing carpentry work on the
project, they must be paid no less than the wage rate on the wage
decision for Carpenters even if they aren’t considered by you to be
fully trained as a Carpenter. Remember, the only people who can
be paid less than the rate for their craft are apprentices and
trainees registered in approved programs.
1) Split-classification. If you have employees that perform work
in more than one trade during a work week, you can pay the
wage rates specified for each work classification in which
work was performed only if you maintain accurate time
records showing the amount of time spent in each classification. If you do not maintain accurate time records, you must
pay these employees the highest wage rate of all of the
classifications of work performed.
i.
Site of Work
The “site of work” is where the Davis-Bacon wage rates apply.
Usually, this means the boundaries of the project. “Site of work”
can also include other adjacent or virtually adjacent property used
by a contractor or subcontractor in the construction of the project,
like a fabrication site that is dedicated exclusively, or nearly so, to
the project.
SECTION II
REPORTING REQUIREMENTS
2-5 Completing a Payroll Report
For many contractors,
the Weekly Certified
Payroll is the only
Davis-Bacon paperwork
you need to submit!
What information has to be reported on the payroll form?
The weekly payroll form doesn’t ask for any information that you don’t
already need to keep for wage payment and tax purposes. For example,
you need to know each employee’s name, address and social security
number; his or her work classification (who is working for you and
what do they do?), the hours worked during the week, his or her rate
of pay, the gross amount earned (how much did they earn?), the
amounts of any deductions for taxes, etc., and the net amount paid
(how much should the paycheck be made out for?). No more information than you need to know in order to manage your work crew and
make certain they are paid properly. And, certainly, no more information than you need to keep for IRS, Social Security and other tax and
employment purposes.
You are required to submit certified payrolls to illustrate and document
that you have complied with the prevailing wage requirements. The
purpose of the contract administrator’s review of your payrolls is to
verify your compliance. Clearer and complete payroll reports will
permit the contract administrator to complete reviews of your
payroll reports quickly.
2-8
a. Project and Contractor/Subcontractor Information
Each payroll must identify the contractor or subcontractor’s name
and address, the project name and number, and the week ending
date. Indicate the week dates in the spaces provided. Numbering
payrolls is optional but strongly recommended.
b. Employee Information
The first payroll on which each employee appears must contain the
employee’s name, address and Social Security Number. Afterward,
the address and Social Security Number only need to be reported
if there is a change in this information.
A Contractor’s Guide
to Prevailing
Wage Requirements
for Federally-Assisted
Construction Projects
c. Work Classification
Each employee must be classified in accordance with the wage
decision based on the type of work they actually perform.
1) Apprentices or Trainees. The first payroll on which any
apprentice or trainee appears must be accompanied by a copy
of that apprentice’s or trainee’s registration in a registered or
approved program. A copy of the portions of the registered or
approved program pertaining to the wage rates and ratios shall
also accompany the first payroll on which the first apprentice
or trainee appears.
2) Split classifications. For an employee that worked in a split
classification, make a separate entry for each classification of
work performed distributing the hours of work to each
classification, accordingly, and reflecting the rate of pay and
gross earnings for each classification. Deductions and net pay
may be based upon the total gross amount earned for all
classifications.
d. Hours Worked
The payroll should show ONLY the regular and overtime hours
worked on this project. Show both the daily and total weekly
hours for each employee. If an employee performs work at job
sites other than the project for which the payroll is prepared, those
“other job” hours should not be reported on the payroll. In these
cases, you should list the employee’s name, classification, hours for
this project only, the rate of pay and gross earnings for this project,
and the gross earned for all projects. Deductions and net pay may
be based upon the employee’s total earnings (for all projects) for
the week.
e. Rate of Pay
Show the basic hourly rate of pay for each employee for this
project. If the wage decision includes a fringe benefit and you
do not participate in approved fringe benefit programs, add the
fringe benefit rate to the basic hourly rate of pay. Also list the
overtime rate if overtime hours were worked.
1) Piece-work. For any piece-work employees, the employer
must compute an effective hourly rate for each employee each
week based upon the employee’s piece-work earnings for
that week. To compute the effective hourly rate, divide the
piece-work earnings by the total number of hours worked,
including consideration for any overtime hours.
2-9
MAKING
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The effective hourly rate must be reflected on the certified
payroll and the hourly rate may be no less than the wage rate
(including fringe benefits, if any) on the wage decision for the
classification of work performed. It does not matter that the
effective hourly rate changes from week-to-week, only that
the rate is no less than the rate on the wage decision for the
classification of work performed.
Remember, the overtime rate is computed at
one and one-half times the basic rate of pay plus
any fringe benefits. For example, if the wage
decision requires $10/hour basic plus $5/hour
fringe benefits, the overtime rate would be:
($10 x 1½) + $5 = $20/hour.
f.
Only one employee authorization is
needed for recurring (e.g., weekly)
other deductions. Written employee
authorization is not required for income
tax and Social Security deductions.
Gross Wages Earned
Show the gross amount of wages earned for work performed on
this project. Note: For employees with work hours and earnings
on other projects, you may show gross wages for this project over
gross earnings all projects (for example, $425.40/$764.85) and base
deductions and net pay on the “all projects” earnings.
g. Deductions
Show the amounts of any deductions from the gross earnings.
“Other” deductions should be identified (for example, Savings
Account or Loan Repayment). Any voluntary deduction (that is,
not required by law or by an order of a proper authority) must be
authorized in writing by the employee or provided for in a collective bargaining (union) agreement. A short note signed by the
employee is all that is needed and should accompany the first
payroll on which the other deduction appears.
h. Net Pay
Show the net amount of wages paid.
i.
2-10
Statement of Compliance
The Statement of Compliance is the certification. It is located on
the reverse side of a standard payroll form (WH-347). Be sure to
complete the identifying information at the top, particularly if you
are attaching the Statement of Compliance to an alternate payroll
form such as a computer payroll. Also, you must check either
4(a) or 4(b) if the wage decision contains a fringe benefit. Checking 4(a) indicates that you are paying required fringe benefits to
approved plans or programs; and 4(b) indicates that you are
paying any required fringe benefit amounts directly to the employee by adding the fringe benefit rate to the basic hourly rate of
pay. If you are paying a portion of the required fringe benefit to
programs and the balance directly to the employee, explain those
differences in box 4(c).
Only one Statement of Compliance is required for each
employer’s weekly payroll no matter how many pages
are needed to report the employee data.
j.
Signature
Make sure the payroll is signed with an original signature. The
payroll must be signed by a principal of the firm (owner or officer
such as the president, treasurer or payroll administrator) or by an
authorized agent (a person authorized by a principal in writing to
sign the payroll reports). Signature authorization (for persons
other than a principal) should be submitted with the first payroll
signed by such an agent.
A Contractor’s Guide
to Prevailing
Wage Requirements
for Federally-Assisted
Construction Projects
SECTION III
PAYROLL REVIEWS AND CORRECTIONS
2-6 Compliance Reviews
The contract administrator or other inspector may visit the project site
and interview some of the workers concerning their employment on
the project. The DOL may also independently conduct its own reviews
(see ¶1-5). In addition, the contract administrator will periodically
review payrolls and related submissions, comparing the interview
information to the payrolls, to ensure that the labor standards requirements have been met. You will be notified by the contract administrator if these reviews find any discrepancies or errors. You will be given
instructions about what steps must be taken to correct any problems.
a. On-Site Interviews
Every employer (contractor, subcontractor, etc.) must make their
employees available for interview at the job site with the contract
administrator or other agency representative, or HUD or DOL
representative. The interviews are confidential and the employee
will be asked about the kind of work they perform and their rate of
pay. Every effort will be made to ensure that these interviews
cause as little disruption as possible to the on-going work. The
interviewer will record the interview information, usually on a form
HUD-11, Record of Employee Interview, and forward the interviews
to the contract administrator.
b. Project Payroll Reviews
The contract administrator will compare the information on the
interview forms to the corresponding payrolls to ensure that the
workers are properly listed on the payrolls for the days, work
classification and rate of pay. The contract administrator will also
review the payroll submissions to make certain that the payrolls
are complete and signed; that employees are paid no less than the
wage rate for the work classification shown; apprentice and trainee
certifications are submitted (where needed); employee or other
authorizations for other deductions are submitted (where needed);
etc.
2-7 Typical Payroll Errors and Required Corrections
The following paragraphs describe common payroll errors and the
corrective steps you must take.
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a. Inadequate Payroll Information
If an alternate payroll format used by an employer (such as some
computer payrolls) is inadequate, e.g., does not contain all of the
necessary information that would be on the optional form WH-347,
the employer will be asked to resubmit the payrolls on an acceptable form.
b. Missing Addresses and Social Security Numbers
If the first payroll on which an employee appears does not contain
the employee’s address and Social Security Number, the employer
will be asked to supply the missing information. A short note
providing the information is all that is needed.
c. Incomplete Payrolls
If the information on the payroll is not complete, for example, if
work classifications or rates of pay are missing, the employer will
be asked to send a corrected payroll.
d. Classifications
If the payrolls show work classifications that do not appear on the
wage decision, the employer will be asked to reclassify the employees
in accordance with the wage decision or the employer may request
an additional classification and wage rate (See ¶2-2). If reclassification results in underpayment (i.e., the wage rate paid on the payroll is
less than the rate required for the new classification), the employer
will be asked to pay wage restitution to all affected reclassified
employees. (See ¶2-8 for instructions about wage restitution.)
e. Wage Rates
If the wage rates on the payroll are less than the wage rates on the
wage decision for the work classifications reported, the employer
will be asked to pay wage restitution to all affected employees.
f.
Apprentices and Trainees
If a copy of the employee’s registration or the approved program
ratio and wage schedule are not submitted with the first payroll
on which an apprentice or trainee appears, the employer will be
asked to submit a copy of each apprentice’s or trainee’s registration and/or the approved program ratio and wage schedule. If the
ratio of apprentices or trainees to journeymen on the payroll is
greater than the ratio in the approved program, the employer
will be asked to pay wage restitution to any excess apprentices or
trainees. Also, any apprentice or trainee that is not registered in
an approved program must receive the journeyman’s wage rate
for the classification of work they performed.
g. Overtime
If the employees did not receive at least time and one-half for any
overtime hours worked on the project, the following will occur:
1) If the project is subject to CWHSSA overtime requirements, the
employer will be asked to pay wage restitution for all overtime hours worked on the project. The employer may also
be liable to the United States for liquidated damages
computed at $10 per day per violation. Or,
2-12
2) If the project is not subject to CWHSSA, the employer will
be notified of the possible FLSA overtime violations. Also, the
contract administrator may refer the violations to the DOL
for further review.
h. Computations
If the payroll computations (hours worked times rate of pay) or
extensions (deductions, net pay) show frequent errors, the
employer will be asked to take greater care. Wage restitution
may be required if underpayments resulted from the errors.
i.
A Contractor’s Guide
to Prevailing
Wage Requirements
for Federally-Assisted
Construction Projects
Deductions
If there are any “Other” deductions that are not identified, or if
employee authorization isn’t provided, or if there is any unusual
(very high, or large number) deduction activity, the employer will
be asked to identify the deductions, provide employee authorization or explain unusual deductions, as necessary.
HUD does not enforce or attempt to provide advice on employer obligations
to make deductions from employee earnings for taxes or Social Security.
However, HUD may refer to the IRS or other responsible agency copies of
certified payroll reports that show wages paid in gross amounts (i.e., without
tax deduction) for its review and appropriate action.
j.
Fringe Benefits
If the wage decision contains fringe benefits but the payroll does
not indicate how fringe benefits were paid [neither 4(a) nor 4(b)
is marked on the Statement of Compliance], the employer may
be asked to submit corrected payrolls and will be required to
pay wage restitution if underpayments occurred. However, if the
basic hourly rates for the employees are at least as much as the
total wage rate on the wage decision (basic hourly rate plus the
fringe benefit rate), no correction is necessary.
k. Signature
If the payroll Statement of Compliance is not signed or is missing,
the employer will be asked to submit a signed Statement of
Compliance for each payroll affected. If the Statement of Compliance is signed by a person who is not a principal of the firm and
that person has not been authorized by principal to sign, the
employer will be asked to provide an authorization or to
resubmit the Statement(s) of Compliance bearing the signature(s)
of a principal or other signatory.
l.
On-Site Interview Comparisons
If the comparison of on-site interviews to the payrolls indicates
any discrepancies (for example, the employee does not appear on
the payroll for the date of the interview), the employer will be
asked to submit a corrected payroll report.
2-8 Restitution for Underpayment of Wages
Where underpayments of wages have occurred, the employer will
be required to pay wage restitution to the affected employees. Wage
restitution must be paid promptly in the full amounts due, less permissible and authorized deductions.
a. Notification to the Employer/Prime Contractor
The contract administrator will notify the employer and/or prime
contractor in writing of any underpayments that are found during
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MAKING
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payroll or other reviews. The contract administrator will describe
the underpayments and provide instructions for computing and
documenting the restitution to be paid. The employer/prime
contractor is allowed 30 days to correct the underpayments.
Note that the prime contractor is responsible to the contract
administrator for ensuring that restitution is paid. If the employer
is a subcontractor, the subcontractor will usually make the
computations and restitution payments and furnish the required
documentation through the prime contractor.
The contract administrator may
communicate directly with a
subcontractor when the underpayments
are plainly evident and the subcontractor b. Computing Wage Restitution
is cooperative. It is best to work through
Wage restitution is simply the difference between the wage rate
the prime contractor when the issues
paid to each affected employee and the wage rate required on
are complex, when there are significant
the wage decision for all hours worked where underpayments
occurred. The difference in the wage rates is called the adjustunderpayments and/or the subcontractor
ment rate. The adjustment rate times the number of hours
is not cooperative. In all cases, the
involved equals the gross amount of restitution due. You may also
subcontractor must ensure that the
compute wage restitution by calculating the total amount of
prime contractor receives a copy of the
Davis-Bacon wages earned and subtracting the total amount of
required corrective documentation.
wages paid. The difference is the amount of back wages due.
In most cases, HUD no longer requires
employers to submit checks or copies
of checks (certified, cashiers, canceled
or other) to correct underpayments.
Restitution payments are reported
and certified by the employer on a
correction payroll.
2-14
c. Correction Payrolls
The employer will be required to report the restitution paid on a
correction certified payroll. The correction payroll will reflect the
period of time for which restitution is due (for example, Payrolls
#1 through #6; or a beginning date and ending date). The
correction payroll will list each employee to whom restitution
was paid and their work classification; the total number of work
hours involved (daily hours are usually not applicable for restitution); the adjustment wage rate (the difference between the
required wage rate and the wage rate paid); the gross amount of
restitution due; deductions and the net amount actually paid. A
signed Statement of Compliance must be attached to the correction payroll.
d. Review of Correction CPR
The contract administrator will review the correction certified
payroll to ensure that full restitution was paid. The prime contractor shall be notified in writing of any discrepancies and will be
required to make additional payments, if needed, documented
on a supplemental correction payroll within 30 days.
e. Unfound Workers
Sometimes, wage restitution cannot be paid to an affected employee because, for example, the employee has moved and can’t
be located. After wage restitution has been paid to all of the
workers who could be located, the employer must submit a list
of any workers who could not be found and paid (i.e., unfound
workers) providing their names, Social Security Numbers, last
known addresses and the gross amount due. In such cases, at the
end of the project the prime contractor will be required to place
in a deposit or escrow account an amount equal to the total
amount of restitution that could not be paid because the
employee(s) could not be located. The contract administrator will
continue attempts to locate the unfound workers for 3 years after
the completion of the project. After 3 years, any amount remaining in the account for unfound workers will be credited and/or
forwarded by the contract administrator to HUD.
CHAPTER 3.
Labor Standards Disputes,
Administrative Reviews,
Withholding, Deposits and
Escrow Accounts,
and Sanctions
A Contractor’s Guide
to Prevailing
Wage Requirements
for Federally-Assisted
Construction Projects
What happens when things go wrong?
3-1 Introduction
Even in the best of circumstances, things can go wrong. In a DavisBacon context, “things going wrong” usually means there’s a difference
of opinion or a dispute about whether and to what extent underpayments have occurred. These disputes are usually between the contract
administrator and one or more employers (the prime contractor and/
or a subcontractor). The dispute may involve something simple such as
an additional classification request that is pending before the DOL; or
something as significant as investigative findings following a complaint
of underpayment. This chapter discusses some of what you may
expect and what you can do to make your views known and to lessen
any delays in resolving the problem or issue.
3-2 Administrative Review on Labor Standards Disputes
As mentioned in the Introduction above, a dispute about labor standards and compliance can arise for a number of reasons. The labor
standards clauses in your contract and DOL regulations provide for
administrative review of issues where there is a difference of views
between the contract administrator and any employer. The most
common circumstances include:
a. Additional Classifications and Wage Rates
Additional classification and wage rate requests are sometimes
denied by the DOL. An employer that is dissatisfied with the
denial can request reconsideration by the DOL Wage and Hour
Administrator. The employer may continue to pay the wage rate,
as requested, until a final decision is rendered on the matter. When
the final decision is known, the employer will be required to pay
any additional wages that may be necessary to satisfy the wage rate
that is established.
1) Reconsideration. The DOL normally identifies the reasons
for denial in its response to the request. Any interested person
(for example, the contract administrator, employer, representatives of the employees) may request reconsideration of the
decision on the additional classification request. The request for
reconsideration must be made in writing and must thoroughly
3-1
MAKING
DAVIS-BACON
WORK
address the denial reasons identified by the DOL. Employer
requests for reconsideration should be made through the
contract administrator but may be made directly to the DOL.
(See ¶2-2(d), and also DOL Regulations 29 CFR 1.8.) All requests
initiated by or made through the contract administrator or
HUD must be submitted through the HUD Headquarters
Office of Labor Relations.
2) Administrative Review Board. Any interested party may
request a review of the Administrator’s decision on reconsideration by DOL’s Administrative Review Board. DOL
regulations 29 CFR Part 7 explain the procedures for such
reviews. (See also 29 CFR 1.9.)
b. Findings of Underpayment
Compliance reviews and other follow-up enforcement actions
may result in findings of underpayment. The primary goal in every
case and at every step in this process is to reach agreements
about who may have been underpaid and how much wage
restitution may be due and, of course, to promptly deliver
restitution to any underpaid workers. The contract administrator
will usually work informally with you to reach such agreements.
You will have an opportunity to provide additional information to
the contract administrator that may explain apparent inconsistencies and/or resolve the discrepancies.
If informal exchanges do not result in agreement, the final determination and schedule of back wages due will be presented to you in
writing and you will be permitted 30 days in which to correct the
underpayment(s) or to request a hearing on the matter before the
DOL. The request for hearing must be made in writing through the
contract administrator and must explain what findings are in
dispute and the reasons. In such cases, HUD is required to submit
a report to DOL for review and further consideration. All requests
for DOL hearing must be submitted through the HUD Headquarters Office of Labor Relations.
1) DOL review. The DOL will review the contract administrator’s
report and the arguments against the findings presented in the
hearing request. The DOL may affirm or modify the findings
based upon the materials presented. You will be notified in
writing by the DOL of the results of its review; you will be
given an opportunity to correct any underpayments or to
request a hearing before a DOL Administrative Law Judge
(ALJ). (See DOL Regulations 29 CFR 5.11 (b) and 29 CFR Part 6,
Rules of Practice for Administrative Proceedings.)
2) Administrative Review Board. Contractors and/or subcontractors may request a review by the Administrative Review
Board of the decision(s) rendered by the DOL ALJ in the
administrative hearing process. See DOL regulations 29 CFR
Part 7 for more information about this proceeding.
3-3 Withholding
3-2
The contract administrator shall cause withholding from payments due
to the prime contractor to ensure the payment of wages which are
believed to be due and unpaid, for example, if wage underpayments
or other violations are not corrected within 30 days after notification
to the prime contractor. DOL may also direct the withholding of
contract payments for alleged wage underpayments. Withholding is
considered to be serious and is not taken unless warranted. If withholding is deemed necessary, you will be notified in writing. Only the
amounts needed to meet the contractor’s (and/or subcontractors’)
liability shall be withheld.
A Contractor’s Guide
to Prevailing
Wage Requirements
for Federally-Assisted
Construction Projects
Remember, the prime contractor is responsible and will be held liable for any
wage restitution that is due to any worker employed in the construction of the
project, including workers employed by subcontractors and any lower-tier
subcontractors. See ¶1-4, Responsibility of the Principal Contractor, and ¶2-8,
Restitution for Underpayment of Wages.
3-4 Deposits and Escrows
In every case, we attempt to complete compliance actions and
resolve any disputes before the project is completed and final payments are made. Sometimes, corrective actions or disputes continue
after completion and provisions must be made to ensure that funds
are available to pay any wage restitution that is ultimately found due.
In these cases, we allow projects to proceed to final closing and
payments provided the prime contractor deposits an amount equal
to the potential liability for wage restitution and liquidated damages, if
necessary, in a special account. The deposit or escrow account is
controlled by the contract administrator. When a final decision is
rendered, the contract administrator makes disbursements from the
account in accordance with the decision. Deposit/escrow accounts
are established for one or more of the following reasons:
a. Where the parties have agreed to amounts of wage restitution that are due but the employer hasn’t furnished evidence
yet that all of the underpaid workers have received their back
wages, e.g., some of the workers have moved and could not be
located. The amount of the deposit is equal to the total amount of
restitution due to workers lacking payment evidence. As these
workers are paid and proper documentation is provided to the
contract administrator, amounts corresponding to the documented payments are returned to the depositor. Amounts for any
workers who can not be located are held in the deposit/escrow
account for three years and disbursed as described in ¶2-8(e) of
this Guide.
b. Where underpayments are suspected or alleged and an
investigation has not yet been completed. The deposit is
equal to the amount of wage restitution and any liquidated damages, if applicable, that are estimated to be due. If the final determination of wages due is less than the amount estimated and
placed in the escrow account, the escrow will be reduced to the
final amount and the difference will be returned to the depositor.
If the parties agree to the investigative findings, the amounts due
to the workers will be disbursed from the escrow account in
accordance with the schedule of wages due. Amounts for
unfound workers will be retained as described above (See ¶2-8(e)
and 3-4(a)).
If the parties do not agree and an administrative hearing is requested,
the escrow will be maintained as explained in ¶3-4(c), below.
3-3
MAKING
DAVIS-BACON
WORK
c. Where the parties are waiting for the outcome of an administrative hearing that has been or will be requested contesting a
final determination of wages due. The deposit shall be equal to the
amount of wage restitution and liquidated damages, if applicable,
that have been determined due. Once a final decision is rendered,
disbursements from the escrow account are made in accordance
with the decision.
3-5 Administrative Sanctions
Contractors and/or subcontractors that violate the labor standards provisions may face administrative sanctions imposed by HUD and/or DOL.
a. DOL Debarment
Contractors and/or subcontractors that are found by the Secretary
of Labor to be in aggravated or willful violation of the labor standards provisions of the Davis-Bacon and Related Acts (DBRA) will
be ineligible (debarred) to participate in any DBRA or Davis-Bacon
Act contracts for up to 3 years. Debarment includes the contractor
or subcontractor and any firm, corporation, partnership or association in which the contractor or subcontractor has a substantial
interest. Debarment proceedings can be recommended by the
contract administrator or can be initiated by the DOL. Debarment
proceedings are described in DOL regulations 29 CFR 5.12.
b. HUD Sanctions
HUD sanctions may include Limited Denials of Participation (LDPs),
debarments and suspensions.
1) LDPs. HUD may issue to the employer a limited denial of
participation (LDP) which prohibits the employer from further
participation in HUD programs for a period up to one year.
The LDP is usually effective for the HUD program in which the
violation occurred and for the geographic jurisdiction of the
issuing HUD Office. HUD regulations concerning LDP’s are
found at 24 CFR 24.700-24.714.
Remember, if you have any
questions or need assistance
concerning labor standards
requirements help is always
available. Contact the
contract administrator for
the project you’re working
on or the HUD Field Labor
Relations staff in your area.
2) Debarment and suspensions. In certain circumstances,
HUD may initiate its own debarment or suspension proceedings against a contractor and/or subcontractor in connection
with improper actions regarding Davis-Bacon obligations.
For example, HUD may initiate debarment where a contractor
has been convicted for making false statements (such as false
statements on certified payrolls or other prevailing wage
certifications) or may initiate suspension where a contractor
has been indicted for making false statements. HUD regulations concerning debarment and suspension are found at
24 CFR Part 24.
3-6 Falsification of Certified Payroll Reports
Contractors and/or subcontractors that are found to have willfully
falsified payroll reports (Statements of Compliance), including correction certified payroll reports, may be subject to civil or criminal
prosecution. Penalties may be imposed of $1,000 and/or one year in
prison for each false statement (see Section 1001 of Title 18 and
Section 231 of Title 31 of the United States Code).
3-4
Index
Acronyms ............................................................................................... v, A-3
Additional classifications ......................................................................... iii, 2-2
Administrative Review Board .............................................................1-2, 3-2
Administrative Review on Labor Standards Disputes ............................ v, 3-1
Apprentices .......................................................................... iv, 2-5, 2-9, 2-12
Apprentices and trainees ........................................................................... 2-5
Pre-apprentice ................................................................................... 2-6
Probationary apprentice .................................................................... 2-6
Ratio of apprentices and trainees to journeymen ............................. 2-6
Basic Hourly Rate ................................................................................2-6, 2-9
Certified Payroll reports ................................................ iii, 1-2, 2-3, 2-8, 3-4
“No work” payrolls ........................................................................... 2-4
Payroll certifications .......................................................................... 2-4
Payroll formats ................................................................................... 2-3
Payroll inspection ............................................................................... 2-5
Payroll retention ................................................................................ 2-4
Payroll review and submission .......................................................... 2-4
Compliance Reviews ................................................................................ 2-11
Construction Contract Provisions ............................................................. 1-2
HUD-2554 ........................................................................................ 1-2
HUD-4010 ........................................................................................ 1-2
HUD-5370 ........................................................................................ 1-2
Labor standards clauses .................................................................... 1-2
Contract administrator ....................... iii, 1-3, 2-1–2-5, 2-11, 2-14, 3-1-3-4
Contract provisions ....................................................................... iii, 1-2, 2-1
Contract Work Hours and Safety Standards Act .......................... iii, 1-1, A-3
Copeland Act .......................................................................................... iii, 1-2
Correction payrolls .............................................................................. v, 2-14
CPR ..................................................................................................... 2-3, A-3
CWHSSA ........................................................................................ iii, 1-1, A-3
Davis-Bacon Act .............................................................................. iii,1-1, 1-2
Davis-Bacon Definitions ......................................................................... iv, 2-5
Apprentices and trainees ................................................................... 2-5
Fringe benefits ................................................................................... 2-7
Laborer or mechanic ........................................................................ 2-5
Working foremen .............................................................................. 2-5
Davis-Bacon Regulations ................................................................ iii, 1-2, A-3
Davis-Bacon Wage Decisions ..................................................................... 1-3
Davis-Bacon Act ............................................................. iii, 1-1, 1-2, 3-4, A-3
DBA ....................................................................... iii, 1-1, 1-2, 3-4, A-3
DBRA ................................................................................. 1-1, 3-4, A-3
Debarment .............................................................................................. v, 3-4
Deductions ....................................................... iv, 1-2, 2-7, 2-10, 2-13, 2-14
Deposits and Escrow .............................................................................. v, 3-3
DOL .......................................... 1-2–1-4, 2-2–2-7, 2-11, 3-1–3-4, A-3, A-5
DOL investigator ....................................................................................... 1-4
DOL regulations ................................................................. 2-2, 3-1–3-4, A-3
Employee ................................................................................................ iv, 2-5
Fair Labor Standards Act ............................................................... iii, 1-2, A-3
FLSA ................................................................................................... A-3
A Contractor’s Guide
to Prevailing
Wage Requirements
for Federally-Assisted
Construction Projects
A-1
MAKING
DAVIS-BACON
WORK
A-2
Falsification .............................................................................................. v, 3-4
Findings of underpayment ....................................................................... v, 3-2
Fringe benefits ...................................................... iv, 1-3, 2-6, 2-7, 2-9, 2-13
Gross wages ......................................................................................... iv, 2-10
HUD Home Page ............................................................................................ i
HUD Labor Relations field staff .......................................................i, 1-3, 2-2
HUD-11 ................................................................................................... 2-11
Labor Relations Staff .........................................................................i, 1-3, 2-2
Limited Denial of Participation ........................................................... 3-4, A-3
Liquidated damages .................................................................. 1-1, 2-12, 3-3
Local contracting agencies ......................................................................... 1-3
Net pay .......................................................................................iv, 2-10, 2-14
Notice to Employees ................................................................................. 2-2
On-site Interviews .................................................................................... 2-11
Overtime ...................................................... iv, 1-1, 1-2, 2-7, 2-9, 2-12, A-3
Payroll certification ................................................................................. iii, 2-4
Payroll errors ....................................................................................... iv, 2-11
Payroll format ............................................................................... iii, 2-3, 2-12
Payroll retention ..................................................................................... iii, 2-4
Payroll submissions ................................................................................ iii, 2-4
Piece-work ..........................................................................................2-6, 2-9
Posting the wage decision .......................................................................... 2-2
Prevailing wages or wage rates .................................................................. 2-6
Prime contractor ...................................................... 1-3, 2-2, 2-4, 2-14, 3-3
Principal contractor ............................................................................... iii, 1-3
general contractor ............................................................................. 1-3
Project Wage Rate Sheet ................................................................... 2-1, A-4
Proper designation of trade ................................................................... iv, 2-8
Rate of Pay .................................................................................... iv, 2-9, 2-11
Site of Work ........................................................................................... iv, 2-8
Split-classification ....................................................................................... 2-8
Statement of Compliance ............................................. 2-10, 2-13, 2-14, 3-4
Step-Up apprenticeship programs ............................................................ 2-6
Subcontractor ..................................................................... 1-3, 2-2, 2-4, 3-1
lower-tier subcontractors ................................................................. 1-3
Suspension .................................................................................................. 3-4
Trainees ................................................................................. iv, 2-5, 2-6, 2-12
Typical Payroll Errors ........................................................................... iv, 2-11
Unfound workers ..........................................................................v, 2-14, 3-3
Wage Decision .............................................. iii, 1-3, 2-1–2-3, 2-6–2-14, A-4
Wage Restitution ..........................................................v, 2-13, 2-14, 3-2–3-4
Computing wage restitution ........................................................ v, 2-14
Correction payrolls ..................................................................... v, 2-14
Unfound workers ........................................................................ v, 2-14
Withholding ..................................................................................... v, 1-2, 3-2
Work Classification ............................. iv, 2-1, 2-3, 2-6, 2-8, 2-9, 2-11, 2-14
World Wide Web ............................................................................................ i
Acronyms and Symbols
CDBG
CFR
CPR
CWHSSA
DBA
DBRA
DOL
FHA
FLSA
HUD
IHA
LCA
LDP
O/T
PHA
S/T
SAC
TDHE
§
¶
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
–
Community Development Block Grant
Code of Federal Regulations
Certified Payroll Report
Contract Work Hours and Safety Standards Act
Davis-Bacon Act
Davis-Bacon and Related Acts
Department of Labor
Federal Housing Administration
Fair Labor Standards Act
Housing and Urban Development (Department of)
Indian Housing Authority
Local Contracting Agency
Limited Denial of Participation
Overtime
Public Housing Agency
Straight-time
State Apprenticeship Council/Agency
Tribally-Designated Housing Entity
Section
Paragraph
A Contractor’s Guide
to Prevailing
Wage Requirements
for Federally-Assisted
Construction Projects
Davis-Bacon –
Related Web Sites*
HUD Office of Labor Relations:
www.hud.gov/offices/olr
HUD Regulations:
www.access.gpo.gov/nara/cfr/cfr-table-search.html
HUDClips (Forms and Publications):
www.hudclips.org/cgi/index.cgi
DOL Davis-Bacon and Related Acts Homepage:
www.dol.gov/esa/programs/dbra/index.htm
DOL Regulations:
www.dol.gov/dol/allcrf/Title_29/toc.htm
Davis-Bacon Wage Decisions:
www.wdol.gov
DOL Forms:
www.dol.gov/esa/programs/dbra/forms.htm
*Web addresses active as of June 2006
A-3
A-4
A-5
A-6
U.S. Department of Housing and Urban Development
Office of Labor Relations
Washington, DC 20410
STANDARD MAIL
POSTAGE & FEES PAID
HUD
Permit No. G-795
Official Business
Penalty for Private Use $300
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Labor Relations Desk Guide
LR01.DG
: 2005–321-332
U.S. Department of Housing
and Urban Development
Office of Labor Relations
Federal Labor Standards Provisions
Ap plic abilit y
The Pro ject or Prog ram to which th e constr uction work
cover ed b y this contr act per tains is being assisted by t he
United States of Am erica a nd the follo wing Fed eral La bor
Standar ds Provisio ns are included i n this Contract
pursua nt to the provisio ns applicable to such Federal
assistance.
A. 1. (i) M inimum W ages. All lab or ers a nd m echan ics
em ployed or workin g u pon t he site of the wo rk, will b e p aid
unconditio nall y a nd n ot less often than once a we ek, and
wit hout su bsequ ent d educti on o r reb ate on an y acco unt
(e xce pt such payr oll ded uctions as are perm itted by
regu lations issued by the Secretar y of Labor u nde r the
Copel and Act (29 CF R Part 3), the fu ll am ount of wag es
and b ona fi de fri nge ben efits (or cash e qui vale nts there of)
due at tim e of pa ym ent com puted at rat es not l ess than
those contai ned in the wage d eterm ination of t he
Secretar y of Labo r which is attached hereto a nd m ade a
part h ere of, reg ardl ess of any cont ractual relatio nship
which m ay be allege d to e xi st betwee n the contractor and
such labore rs and m echan ics.
Contributi ons m ade or
costs reasonably a nticipate d for bon a fide frin ge be nef its
unde r Section l(b )( 2) of the Davis-Baco n Act on behalf of
labo rers o r m echanics are consider ed wag es pai d to su ch
labo rers or m echanics, subject to the provisions of 29 CFR
5.5(a )(1 )(i v); also, re gula r contributi ons m ade or co sts
incurr ed for m ore th an a we ekly pe riod (but n ot less often
than qu arte rly) un der plan s, funds, or prog ram s, whi ch
cover the p articula r weekl y peri od, are d eem ed to be
constructively m ade or i ncur red d urin g such weekly peri od.
Such labo re rs an d m echanic s shall b e p aid the app ro pria te
wage rat e a nd fri nge be nefi ts on the wag e d eterm inati on
for the classification of wo rk actually perfo rm ed, with out
rega rd to skill, e xcept as pro vide d in 2 9 CFR 5.5(a)(4).
Labo re rs or m echanics perf orm ing wo rk in m ore tha n o ne
classification m ay be com pensated at the r ate specified for
each classification for the tim e actually worke d therei n:
Provid ed, Th at the em ploye r’s pa yroll reco rds accurat e ly
set forth the tim e spent in each classification in whi ch
work is perf orm ed. Th e wag e det erm ination (inclu ding a ny
additio nal classification and wa ge rat es conform ed und er
29 CFR 5.5 (a )(1 )(ii ) an d the Da vis-Bacon p oster (W H1321 ) shall be posted at all tim es by the contractor and its
subcontractors at th e site o f the wo rk in a prom inent a nd
accessible, place whe re it can be easil y seen b y t he
worke rs.
(ii) (a ) An y class of labo r ers or m echanics which is not
listed in the wa ge d eter m ination and which is to be
em ployed unde r the cont ract shall be classified in
conform ance with the wa g e dete rm ination.
HUD sh all
appr ove a n a dditio nal clas sification and wa ge rate a nd
fringe be nefits ther efor onl y when t he foll o win g crite ria
have bee n m et:
Previous editions are obsolete
(1)
Th e work to b e p erform ed by the classification
requ ested is n ot pe rform ed by a classification in th e wa ge
determ ination; an d
(2)
Th e classification is utilized i n th e a rea b y the
construction industry; and
(3)
The p rop osed wag e rate, including a ny bo na fi de
fringe ben efits, bears a reasona ble relatio nship to the
wage rates containe d in the wage d eterm ination.
(b) If the contractor a nd the laborers an d m echanics to be
em ployed in the classification (if known), or th eir
rep resentati ves, an d HUD or its d esigne e a gre e o n t he
classification and wag e rate (i ncludin g the am ou nt
designate d for fring e ben efits whe re ap pro pri ate), a rep ort
of the action taken shall b e sent by HUD or its desig nee to
the Adm inistrator of the W age and Ho ur Di vision,
Em ploym ent Standards Adm inistration, U.S. Depa rtm ent of
Labo r, W ashington, D.C. 20 210. The Adm inistrator, o r an
autho rized re presentative, will app ro ve, m odify, or
disapprove e ve ry ad ditional classification action withi n 30
days of receipt a nd so ad vi se HUD or its designe e or wi ll
notify HUD o r its design ee within the 30 -da y p erio d t hat
additio nal tim e is necessary. (Approved b y the Office of
Man agem ent an d Budget u n der O MB control num ber 12 150140. )
(c) In the event the contrac tor, the l abo rers or m echani cs
to
be
em ployed
in
the
classification
or
their
rep resentati ves, and HUD o r its designee d o not ag ree on
the propose d classification and wa ge rate (includi ng the
am ount design ated fo r f ring e be nefits, whe re ap pro pri ate),
HUD o r its designee shall refer the q uestions, includi ng
the vie ws of all intereste d parties and the recom m endation
of HUD or its desig nee , to the Adm inistrator for
determ ination.
The Adm inistrator, o r an a utho rized
rep resentati ve, will issue a determ ination withi n 3 0 da ys of
receipt and so ad vise HUD or its designee or will not ify
HUD or its desig nee wit hin th e 3 0-d ay pe rio d th at
additio nal tim e is necessary. (Approved b y the Office of
Man agem ent and Bud get unde r OMB Co ntrol Num ber
1215-01 40.)
(d)
T he wag e rate (i ncluding frin ge b enefits whe re
approp riate ) d eterm ined pursua nt to subpa ra gra p hs
(1)(ii)(b ) or (c) of this p a rag rap h, shall b e pai d to all
worke rs pe rform ing work in the classification und er th is
contract from the first day on which work is pe rform ed in
the classification.
(iii) W henever th e m inim um wage rate prescrib ed i n the
contract for a class of lab o rers or m echanics includes a
fringe ben efit which is not e xpressed as an h ourl y rate, the
contractor sh all eithe r p ay the ben efit as stated in the
wage d eterm ination or shall pay anoth er bo na fide frin ge
benefit or an ho url y cash eq uival ent thereof.
(iv) If th e contractor d oes n ot m ake paym ents to a trust ee
or othe r third pe rson, the c ontractor m ay conside r as p art
Page 1 of 5
form HUD-4010 (06/2009)
ref. Handbook 1344.1
of the wag es of an y l abo re r or m echanic the am ount of a ny
costs reasonabl y a nticipate d in p ro vidi ng b ona fi de fri nge
benefits un der a pla n o r prog ram , Provid ed, That t he
Secretar y of L abo r h as foun d, upo n the written re quest of
the contractor, that th e ap pl icable standa rds of the Davi sBacon Act have bee n m et. The Secretar y of Lab or m ay
requ ire the co ntractor to se t aside in a se par ate accou nt
assets for the m eeting of obligati ons un de r the pla n or
prog ram . (Appro ve d b y th e Office of Man agem ent and
Budget un der O MB Co ntrol Num ber 121 5-0140. )
2. W ithholding. HUD or its designe e shall upo n its own
action o r u pon written re quest of an auth ori zed
rep resentati ve of the Dep artm ent of Labo r withh old or
cause to b e with held fro m the contractor u nde r t his
contract or a ny ot her F ede ra l contract with the sam e pri m e
contractor, or an y othe r Feder ally-assisted contract
subject to Davis-Baco n p revailin g wag e re qui rem ents,
which is held by th e sam e prim e contractor so m uch of the
accrued pa ym ents or ad va nces as m ay be conside red
necessary to pa y labo re r s and m echanics, including
appr entices, traine es and helpers, em ployed by t he
contractor or an y subcontr a ctor the full am ount of wag es
requ ire d by the contract In the eve nt of failure to pa y any
labo rer or m echanic, includ ing a ny app rentice, tr aine e or
helpe r, em ployed o r workin g on the site of the wo rk, all or
part of the wages re qui red by the contract, HUD or its
designe e m ay, after wr itten notice to the co ntract or,
sponsor, a pplicant, or o wn e r, take such action as m ay be
necessary to cause the suspension of a ny furt her
paym ent, adva nce, or gu arant ee of funds until such
violati ons have ceased. HUD or its designee m ay, after
written n otice to the contr actor, disburse such am ounts
wit hhel d for and o n account of the contractor or
subcontractor to the r espective em plo yees to wh om they
are d ue.
Th e Com ptroll er Ge ner al shall m ake such
disbursem ents in the case of dir ect Davis-B acon Act
contracts.
3. (i) Pa yrolls and b asic records. Pa yro lls and b a sic
records relatin g the reto shall be m aintaine d b y the
contractor du rin g the cours e of the wo rk preser ve d for a
peri od of th ree ye ars the reafter for all la bor ers a nd
m echanics working at the si te of the wo rk. Such reco rds
shall contain the nam e, addr ess, and social secu rity
num ber of each such worke r, his or her co rrect
classification, hourl y rates of wa ges p aid (inclu ding ra tes
of contributions or costs anticipated for bo na fide fri nge
benefits or cash equ ival ents thereof of the types describ ed
in Section l (b )(2 )(B) of th e Da vis-baco n Act), dai ly a nd
weekly num ber of h ours worked, d eductio ns m ade a nd
actual wa ges p aid. W henever th e Secreta ry of Lab or h as
found und er 29 CFR 5.5 ( a )(1 )(i v) t hat the wa ges of a ny
labo rer or m echanic inclu de the am ount of any co sts
reason abl y anticipate d in pr ovidi ng be nefits unde r a pl an
or pr ogr am described in Section l(b) (2 )(B) of the Da visBacon Act, the contracto r shall m aintain recor ds whi ch
sho w that the comm itm ent to provi de such ben efits is
enforcea ble, that the pla n or pr ogr am is financially
responsibl e, an d that th e plan or pr ogr am has been
comm unicated in writing to the lab ore rs o r m echan ics
affected, and records which sho w the costs anticipated or
the actual cost incurred in provi ding such be ne fits.
Contractors em ployi ng ap prentices or trai nees un der
approved program s shall maintain written e vid ence of the
registratio n of ap pre nticeship prog ram s and certification of
traine e pro gram s, the registration of the ap pre ntices and
traine es, and the ratios and wa ge rat es prescribe d in the
applicabl e pro gram s. (Appro ved b y the Office of
Man agem ent an d Bud get unde r O MB Co ntrol Num bers
1215-01 40 a nd 12 15-001 7.)
(ii) ( a) The co ntractor shal l subm it weekl y for each we ek
in which an y contract work is perform ed a cop y of all
payrolls to HUD or its desig nee if th e ag ency is a pa rty to
the contract, but if the agency is not such a party, the
contractor will subm it the payrolls to the a pplic ant
sponsor, or o wner, as the ca se m ay be, for transm ission to
HUD o r its designee. Th e p ayrolls subm itted shall set out
accurately a nd com pletely all of the inform ation re qui red
to be m aintained und er 2 9 CFR 5.5(a)(3)(i) e xcept that f ull
social security n um bers and hom e add resses shall not be
included on weekly transm ittals. Instead t he payrolls sh all
only nee d to includ e an i ndi vidu ally i dentif ying num ber for
each em ployee (e.g., the la st four digits of the em ployee’s
social security n um ber).
The requi re d we ekly p ayroll
inform ation m ay be sub m itted in any fo rm desired.
Optional Form W H-347 is a vaila ble f or th is pu rpose from
the
W age
and
Ho ur
Division
W eb
site
at
http://www.dol.gov/esa/whd/forms/wh347i nstr.htm or its
successor site. The prim e contractor is responsible for
the subm ission of copies of payrolls by all subcont ractors.
Contractors and subcontra ctors shall m aintain the full
social security n um ber a nd current add ress of e ach
covered wo rker, a nd shall pro vide them upo n req uest to
HUD or its design ee if t h e ag ency is a p art y to t he
contract, but if the ag enc y is not such a p arty, t he
contractor will subm it the payrolls to the a pplic ant
sponsor, or o wner, as the ca se m ay be, for transm ission to
HUD o r its designee, the co ntractor, or the W age and Hour
Division of th e Depa rtm ent of La bo r for pu rposes of an
investigati on or a udit of com pliance with p re vailin g wa ge
requ irem ents. It is not a violation of this subparag ra ph for
a prim e contracto r to req ui re a su bcontractor to p ro vi de
addresses and social security num bers to the pri m e
contractor for its own records, without weekly subm ission
to HUD o r its designee.
(Appro ve d by th e Office of
Man agem ent and Bud get unde r OMB Co ntrol Num ber
1215 -01 49.)
(b) Each p ayroll subm itted shall be accom panied b y a
“Statem ent of Com pliance,” signed by the cont ractor or
subcontractor o r his or he r agent who pa ys or supe rvis es
the pa ym ent of the p ersons em ployed und er th e contra ct
and shall certify th e follo wi n g:
(1) Th at the pa yroll for th e payroll
inform ation re quired to b e pro vide d
(a)(3)(ii ), the ap propri ate in form ation
unde r 29 CF R 5.5(a)(3)(i), and that
correct and com plete;
Previous editions are obsolete
Page 2 of 5
peri od contai ns the
und er 2 9 CFR 5.5
is being m aintain ed
such inform ation is
form HUD-4010 (06/2009)
ref. Handbook 1344.1
(2) That each lab ore r or m echanic (includin g each hel p er,
appr entice, a nd trai nee ) em ployed on the co ntract d uri ng
the pa yr oll p erio d has bee n pai d the full we ekly wag es
earn ed, with out re bate, eit her di rectly o r indi rectly, a nd
that no deductions ha ve been m ade either di rectly or
indir ectly fr om the full wag es ea rn ed, oth er than
perm issible deductions as set forth in 29 CF R Part 3;
(3) T hat each l abo rer or m echanic has be en p aid n ot l ess
than the applica ble wage rat es and fri nge b enefits or ca sh
equi vale nts for the classification of wo rk perfo rm ed, as
specified
in
the
appli cable
wag e
determ inati on
incorpo rate d into the contr a ct.
(c)
The we ekly subm ission of a p rop erl y e xecut ed
certification set forth on the reverse side of Opti onal F o rm
W H-347 shall satisfy the r eq uirem ent for subm ission of the
“Statem ent of Com pliance ” r equi red b y subp aragra ph
A.3.(ii)(b ).
(d) T he falsification of an y of the a bo ve certificatio ns may
subject the contractor or su bcontractor to ci vil or c rim inal
prosecution un der Section 1001 of Title 1 8 a nd Secti on
231 of Title 31 of the United States Code.
(iii)
Th e cont ractor or subcontracto r shall m ake the
records re qui red u nde r sub para gr aph A.3.(i) a vail able for
inspection, cop ying, or transcription b y a uthori zed
rep resentati ves of HUD or it s designee o r the Dep artm ent
of Labor, an d shall per m it such representatives to
inter vie w em ploye es du rin g wo rking hou rs on the job. If
the contractor o r subcontr actor fails to subm it the required
records or to m ake them availa ble, HUD or its design ee
m ay, after written notice to the contr actor, spon sor,
applicant o r o wne r, take such action as m ay be n ecessary
to cause the suspension of any furth er pa ym ent, advan ce,
or gu ara ntee of funds. Furt herm ore, failu re to subm it the
requ ire d recor ds upon re qu est or to m ake such records
avail able m ay b e g rou nds fo r deb arm ent action p ursua nt to
29 CFR 5.1 2.
4. Appr entice s and Traine es.
(i) Appren tices. App rentic es will be pe rm itted to wo rk at
less than the p redet erm ined rate for th e work t hey
perfo rm ed whe n the y are em ployed pu rsuant to a nd
indivi dual ly re gistere d in a bona fide app rentice ship
prog ram registere d with th e U.S. Departm ent of Lab or,
Em ploym ent and Tr ainin g Adm inistration, Office of
Apprenticeshi p Train ing, Employer an d La bor Se rvices, or
wit h a State Apprenticeshi p Agency reco gni zed b y the
Office, or if a pe rson is e m ployed in his or her fi rst 90
days of pro batio nar y em ploym ent as an appr entice in such
an ap pre nticeship pr ogr a m , who is n ot indi vidu ally
register ed in th e p rog ram , but who has be en certifie d by
the Office of Apprenticeship Trainin g, Em ployer an d Lab or
Services o r a State Ap prenticeshi p Agenc y (whe re
appr op riate ) to be el igibl e for p robati ona ry em ploym ent as
an app rentice.
The allo wable rati o of appr entices to
jour neym en on th e job site i n an y craft classification shall
not b e g reat er t han the ratio pe rm itted to the co ntractor as
to the entir e wo rk force und er the r egister ed p rog ram . Any
worke r listed on a p ayroll at an ap pr entice wa ge rate, who
is not registered o r othe rwi se em ployed as stated above,
shall be paid not l ess than t he ap plicabl e wa ge rate on t he
wage dete rm ination fo r th e classification of work actual ly
perfo rm ed. In addition, any apprentice pe rform ing wo rk on
the jo b site i n e xcess of t he ratio pe rm itted und er the
registered pro gram shall be p aid not less than the
applicabl e wage rate on t h e wa ge d eterm ination f or t he
work actuall y perfo rm ed. W here a cont ractor is perfo rm ing
construction on a p roject i n a localit y oth er th an th at in
which its pro gram is registered, the ratios a nd wag e rat es
(e xpressed in perce ntages of the j ou rne ym an’s hou rly
rate) specified in the co ntractor’s or subcontractor’s
registered program shall be observe d. Every ap prenti ce
m ust be paid at not less than the rat e specified in the
registered prog ram for the apprentice’s level of pro gre ss,
e xp ressed as a perce ntage of the jou rn eym en ho url y ra te
specified
in
the
appli cable
wag e
determ inati on.
Apprentices shall b e paid fringe b enefits in accord an ce
wit h the provisio ns of the appre nticeship pr og ram . If the
apprenticeship program do es not specify frin ge ben efits,
apprentices m ust be paid the full am ount of fringe ben efits
listed on the wage dete rm ination for the applica ble
classification.
If the Adm inistrator determ ines that a
different practice p re vails for the appl icable app renti ce
classification, fringes shall be pai d in accorda nce with t hat
determ ination. In th e e ven t the Office of Appre nticeship
Traini ng, Em ployer a nd Labo r Services, or a State
Apprenticeshi p
Age ncy
recogni zed
by
the
Office,
wit hdra ws a pproval of an app renticeship prog ram , the
contractor will n o lo nge r be pe rm itted to utili ze
apprentices at less than the applicabl e predete rm ined rate
for the work pe rform ed un til an acceptable pro gram is
approved.
(ii)
Tr ainees.
E xcept a s provi ded in 29 CFR 5.16,
traine es will n ot be pe rm itted to work at less than the
pred eterm ined rate for the work pe rform ed unless the y a re
em ployed pu rsuant ‘,to an d indivi duall y re gistere d in a
prog ram which has receive d pri or app ro val, evi dence d by
form al certification by the U.S. Departm ent of Lab or,
Em ploym ent and Trainin g Adm inistration.
The ratio of
traine es to journ eym en on t he job site shall not b e gre a ter
than p erm itted und er t he pl an app ro ved by the
Em ploym ent and Training Adm inistration. Every trai nee
m ust be paid at not less than the rat e specified in the
approved pro gram for th e traine e’s le vel of progre ss,
e xp ressed as a perce ntage of the jou rn eym an ho url y ra te
specified in the appl icable wage dete rm ination. Trai ne es
shall be p aid fri nge ben efits in accordance wit h the
pro visions of the trainee p rogram . If the trainee pro gram
does not m ention fringe be nefits, trainees shall be pa id
the full am ount of fri nge benefits listed o n the wage
determ ination unl ess the Adm inistrator of the W age and
Hou r Di vision determ ines that there is an ap pre nticeship
prog ram associated with t he corresp ondi ng j ou rne ym an
wage rate on t he wag e det erm ination which provi des f or
less than full fring e be n efits for apprentices.
Any
em ployee listed o n the pa yroll at a train ee rate wh o is not
registered a nd p articipatin g in a trai ning plan app ro ved by
Previous editions are obsolete
Page 3 of 5
form HUD-4010 (06/2009)
ref. Handbook 1344.1
the Em ploym ent and T raini n g Adm inistration shall be pa id
not less than the applica ble wag e rate on th e wa ge
determ ination for the wo rk a ctually perfo rm ed. In ad diti on,
any tr aine e perf orm ing wor k on the job site in e xcess of
the r atio p erm itted und er th e re gistere d p rog ram shall be
paid n ot less than the app l icable wa ge r ate on the wa ge
determ ination fo r the wo rk actually perfo rm ed.
In the
eve nt the Em ploym ent and T raini ng Adm inistration
wit hdr a ws a ppr oval of a tra ining pro gr am , the contractor
wi ll no lon ger b e perm itted to utilize trai nees at less than
the a pplicabl e p re determ ine d r ate fo r th e work p erfo rm ed
until an acceptabl e pr ogr am is appro ved.
(iii) Equal emplo yment o pportunit y. Th e utili zation of
appr entices, traine es and jo urne ym en und er 2 9 CFR Pa rt 5
shall be in conform ity wit h the equal em ploym ent
oppo rtunit y req uir em ents of Executive Ord er 11 246, as
am ended, and 2 9 CFR Pa rt 30.
5. Compliance w ith Cope land Act requiremen ts. T he
contractor shall com ply wit h the re quir em ents of 29 CFR
Part 3 which ar e incor por ate d by r efere nce in this contra ct
6. Subcontr ac ts. T he co ntractor or subcontr actor will
insert in an y su bcontract s the clauses conta ined in
subpar agr aphs 1 th ro ugh 11 in th is pa rag rap h A and su ch
other cla uses as HUD o r its designe e m ay b y a ppropria te
instructions requi re, an d a copy of the ap plica ble
pre vaili ng wa ge d ecision, and also a clause r equi ring t he
subcontractors to i nclude t hese clauses in any lo wer tier
subcontracts. The p rim e contractor shall b e r esponsi ble
for the com pliance by an y subcont ractor or l o we r t ier
subcontractor with all th e contract clauses in this
para gr aph.
7. Con trac t termination; debarment. A br each of t he
contract clauses in 29 CFR 5.5 m ay be g rou nds for
term ination of the contract a nd for de ba rm ent
as
a
contractor and a su bcontr actor as pro vid ed i n 2 9 CFR
5.12.
8. Compliance with Davis-Bacon and Related Act Requirements.
All rulin gs and i nter pretati ons of the Davis-B acon a nd
Relate d Acts contained in 29 CF R Parts 1, 3, a nd 5 are
here in incor por ated b y ref er ence in this contract
9.
Disputes conce rning labor standards.
Dispu tes
arising out of the lab or standards pro visions of t his
contract shall not be su b ject to the gene ral disput es
clause of this co ntract. Suc h disput es shall be resol ved in
accordance wit h the pr ocedur es of the Dep artm ent of
Labo r set fo rth i n 29 CFR Parts 5, 6, an d 7. Disput es
wit hin the m eaning of this clause include disput es bet we en
the contractor (or a ny of its subcontractors) and HUD or
its designee, t he U.S. Departm ent of Labo r, o r t he
em ployees or the ir r epr esen tatives.
10. (i) Ce rtific ation of Eli gibilit y. By ente rin g into th is
contract the contr actor certi fies that neithe r it ( nor he or
she) nor an y pe rson or fir m who has an inte rest in t he
contractor’s firm is a per son or fi rm ineligibl e to be
a wa rde d Gover nm ent contracts by virtue of Section 3 (a ) of
the Da vis-Bacon Act or 29 CFR 5.12 (a) (1 ) or t o be
a wa rde d HUD co ntracts or particip ate in HUD pro gra ms
pursua nt to 24 CFR Pa rt 24.
(ii) No part of this contract shall b e subco ntracted t o a ny
person or firm ineligibl e for a wa rd of a G overnm ent
contract b y virtu e of Section 3 (a) of t he Da vis-Bacon Act
or 2 9 CF R 5. 12(a)(1) or to be a warded HUD cont racts or
participate i n HUD pro gram s pursuant to 2 4 CFR Part 2 4 .
(iii) The pen alty for m aking false statem ents is prescribed
in the U.S. Crim inal Cod e, 18 U.S.C. 10 01. Additio nal ly,
U.S. Crim inal Cod e, Section 1 0 1 0, Title 1 8, U.S.C.,
“Fede ral Housin g Adm inistration tra nsactions”, pro vid e s in
part: “W hoever, for the pu rpose of . . . influencing in any
way th e action of such Adm inistration..... m akes, utters or
publishes a ny statem ent kno wing the sam e to be false. ....
shall be fine d not m ore th an $5,0 00 o r im prisoned n ot
m ore than two ye ars, or b oth.”
11.
Complaints, Proce edings, or Te stimon y b y
Emplo yees. No l abo re r o r m echanic to whom the wa ge,
salary, o r othe r lab or stand a rds pro visions of this Cont ra ct
are a pplicabl e shall b e discharg ed o r in a ny other m an ner
discrim inated
agai nst
by
the
Contracto r
or
a ny
subcontractor because su ch em ployee h as filed a ny
com plaint or instituted or caused to be instituted any
procee ding o r has testified or is about to testify in any
procee ding un de r o r relat ing to the l abo r stan dards
applicabl e un der this Co ntra ct to his em ployer.
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 watchm en and g ua rd s.
(1) O ver time requiremen ts. 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; liabilit y for unpaid w ages; liquidated
damages. In the event of any vi olation of th e clause set
forth in sub parag rap h (1 ) of this para gra ph, the co ntrac tor
and an y subcontracto r resp onsible therefor shall b e lia ble
for the unp aid wa ges. In additio n, such contractor and
subcontractor sh all b e lia bl e to the Unite d States (i n t he
case of work done u nde r contract fo r th e District of
Colum bia o r a te rrito ry, to such District o r to su ch
territo ry), for liq uidate d dam ages.
Such liq uid ated
dam ages shall be com puted wit h resp ect to each ind ivid u al
labo rer or m echanic, including watchm en and g uards,
em ployed i n vi olatio n of the clause set fo rth in
subparagraph (1) of this paragra ph, 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 requi red by the clause set fort h in sub
para graph (1) of this pa rag raph.
Previous editions are obsolete
Page 4 of 5
form HUD-4010 (06/2009)
ref. Handbook 1344.1
(3)
W ithholding for unpaid w ages and liquidated
damages. HUD o r its designee shall upo n its own action
or u pon wr itten r equ est of a n auth ori zed re pr esentative of
the Dep artm ent of Labor wit hhold o r cause to be withh e ld,
from any m oneys p ayable on account of work pe rform ed by
the contractor or subcontr actor unde r an y such contract or
any othe r Fed eral contract wit h the sam e prim e contra ct,
or a ny other Fed erall y- assisted contract subject to t he
Contr act W ork Hours an d Safety Stand ards Act which is
held b y the sam e prim e contractor such sums as m ay be
determ ined to be necessar y to satisfy any liabilities of
such contractor o r subco ntractor fo r un pai d wa ges a nd
liquid ated dam ages as provided in the clause set forth in
subpar agr aph (2) of this par agra ph.
(4) Subcon tra cts. Th e co ntractor o r subcont ractor sh all
insert in an y subcont racts the clauses set forth in
subpar agr aph ( 1) thr oug h (4 ) of this paragra ph an d also a
clause requi rin g the subcontractors to includ e the se
clauses in an y l o we r tie r subcontr acts.
The p ri m e
contractor shall be r espon sible for com pliance b y a ny
subcontractor or l o we r tie r subcontractor with the clau ses
set forth in subpa ra gra p hs (1) thr oug h ( 4) of this
para gr aph.
C. Health and Sa fet y. The provisions of this paragraph C are
applicable where the amount of the prime contract exceeds $100,000.
(1) No la bor er or m echani c shall be re qui red to work in
surrou ndi ngs or u nde r working con ditions which are
unsanita ry, ha za rdo us, or dang ero us to his health a nd
safety as d eterm ined und er construction safety and he al th
standards pr om ulgated by the Secr etar y of La bo r by
regu lation.
(2)
Th e Contr actor sh all com ply with all re gulatio ns
issued by the Secretar y of Labo r pursu ant to Title 29 Part
1926 and fa ilur e to com ply m ay result in im position of
sanctions pursua nt to the Contract W ork Hours an d Saf ety
Standards Act, (Public Law 91-5 4, 83 Stat 96). 4 0 USC
3701 et seq.
(3) Th e contractor sh all i nclude the pro visions of this
para gr aph in ever y subcont r act so that such p ro visions wi ll
be bin ding on e ach subcon tractor. The contr actor sh all
take such action with r espe ct to any subcontr actor as t he
Secretar y of Housing an d Urb an De velo pm ent or t he
Secretar y of Lab or shall di rect as a m eans of e nforci ng
such provisio ns.
Previous editions are obsolete
Page 5 of 5
form HUD-4010 (06/2009)
ref. Handbook 1344.1
HRA Red Wing Offices/ Maintenance Shop
LABEL
TITLE
DESCRIPTION
FILENAME
DATE
PAGE
LABEL
LABEL
1 OF 1
TITLE
All ideas, design and plans represented by this project are owned by and are the property of USA Security. They were created and developed for use on this specified project only.
None of the ideas, designs, and plans shall be used by any persons or corporations for any purpose without the written consent of company .
DRAWN BY
REVISED
SCALE
ASSET
USAMANAGEMENT
SECURITY SYSTEMS
6251
BURY
DRIVE
6251
Bury
Drive
EDEN
PRAIRIE,
MN 55346
EDEN
PRAIRIE,
MN 55346
(952)
829-5919
(952)
829-5919
Stair A
Camera 1.6
Camera 1.7
IDF
Camera 1.4
Camera 1.8
Camera 1.2
Camera 1.1
Camera 1.3
stair B
LABEL
TITLE
DESCRIPTION
FILENAME
DATE
PAGE
HRA REDWING Jordan Tower I
TITLE
All ideas, design and plans represented by this project are owned by and are the property of USA Security. They were created and developed for use on this specified project only.
None of the ideas, designs, and plans shall be used by any persons or corporations for any purpose without the written consent of company .
LABEL
LABEL
1 OF 1
DRAWN BY
REVISED
SCALE
ASSET
USAMANAGEMENT
SECURITY SYSTEMS
6251
BURY
DRIVE
6251
Bury
Drive
EDEN
PRAIRIE,
MN 55346
EDEN
PRAIRIE,
MN 55346
(952)
829-5919
(952)
829-5919
Camera 2.5
Camera 2.3
Camera 2.4
Camera 2.6
Camera 2.2
MDF
Camera 2.1
LABEL
TITLE
DESCRIPTION
HRA Redwing Jordan Tower II
FILENAME
DATE
PAGE
GROUND FLOOR
TITLE
All ideas, design and plans represented by this project are owned by and are the property of USA Security. They were created and developed for use on this specified project only.
None of the ideas, designs, and plans shall be used by any persons or corporations for any purpose without the written consent of company .
LABEL
LABEL
1 OF 1
DRAWN BY
REVISED
SCALE
ASSET
USAMANAGEMENT
SECURITY SYSTEMS
6251
BURY
DRIVE
6251
Bury
Drive
EDEN
PRAIRIE,
MN 55346
EDEN
PRAIRIE,
MN 55346
(952)
829-5919
(952)
829-5919
Camera 2.12
Camera 2.10
Camera 2.9
Camera 2.11
Camera 2.7
Camera 2.8
LABEL
TITLE
DESCRIPTION
HRA Redwing Jordan Tower II
FILENAME
DATE
PAGE
First Floor
TITLE
All ideas, design and plans represented by this project are owned by and are the property of USA Security. They were created and developed for use on this specified project only.
None of the ideas, designs, and plans shall be used by any persons or corporations for any purpose without the written consent of company .
LABEL
LABEL
1 OF 1
DRAWN BY
REVISED
SCALE
ASSET
USAMANAGEMENT
SECURITYSYSTEMS
6251
BURY
DRIVE
6251
Bury
Drive
EDEN
PRAIRIE,
MN 55346
EDEN
PRAIRIE,
MN 55346
(952)
829-5919
(952)
829-5919