HomeMy WebLinkAboutB&B Builders-4/6/2015CITY OF WATERLOO, IOWA
WATERLOO LEISURE SERVICES COMMISSION
CONTRACT
For the
FY2015 Upper Gates Park Shelter Project
This Contract made and entered into this 6th day of April 2015, by and between the City
of Waterloo, Iowa, a Municipal Corporation, hereinafter referred to as City, and
B&B Builders Inc., hereinafter referred to as Contractor,
WITNESSETH:
Par. 1 The Contractor shall furnish all supervision, technical personnel, labor,
materials, and equipment to perform all work required for the FY2015 Upper Gates Park
Shelter Project described in the specifications and shown on the plans.
Par. 2 The Contract Documents shall consist of the following:
a. This Agreement
b. Notice of Hearing
c. Signed Copy of Bid
d. Specifications
e. Performance Bond
f. Payment Bond
g. Certificate of Insurance
h. Attachment A: Davis Bacon and Related Acts Requirements
1. Federal Clauses
2. Wage Rate Determination Packet
3. Section 3
These documents form the Contract and are all fully a part of the Contract as if attached
to this Contract or repeated herein.
Par. 3 The Contractor agrees to commence the work within forty-five (45) days
after the issuance of "Notice to Proceed" and complete the work within the given time
frame.
Par. 4 The Contractor agrees to comply with and obey all ordinances of the City
of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open
passageways for water, traffic and protecting any excavation in any street or alley and
maintaining proper and sufficient barricades with lights and signals during all hours of
darkness and agrees to see that the backfilling is properly done and agrees to keep the
City whole and defend any suits that may be brought against it by reason of any injuries
that may be sustained by any person on account of doing this work by the Contractor and
any agents of the Contractor.
CONTRACT page 1 of 2
may be sustained by any person on account of doing this work by the Contractor and any
agents of the Contractor.
Par. 5 The Contractor agrees that in case a suit is brought against the City for
damages sustained by reason of any act, omission or negligence of the Contractor or its
agents or on account of any injuries sustained by reason of any obstruction, hole,
depression or barrier placed or dug by the defendant or its agents in the doing of the work
herein contracted for, that it will defend said suit and save the City harmless therein and in
case judgment is rendered against the City, the Contractor agrees to pay the same
promptly and agrees to carry public liability insurance in a solvent company in a sufficient
amount to protect the City and any and all persons who may use the project.
Par. 6 The Contractor shall have no cause of action against the City on account of
delays and prosecution of work, but if the work is delayed by the City, the Contractor may
have extra time for the completion of the job as was lost by reason of the delay caused by
the City.
Par. 7 The Contractor agrees to pay punctually all just claims of labor, material,
men or Subcontractors, who perform labor or furnish materials entering into this
improvement. It is agreed that the City need not pay the Contractor until all such claims
are paid by the Contractor and lien waivers are received. It is agreed that the City shall
bear no liability for payments due for labor or materials under this contract.
Par. 8 In consideration of the full compliance on the part of the Contractor with
all the provisions, stipulations and conditions hereof, or contained in the various
instruments made a part of this Contract by reference, and upon completion and
acceptance of the work, the City agrees to pay the Contractor:
Sum of Forty Four Thousand Five Hundred Dollars and 00 Cents ($44,500.00)
Ci f Waterloo, Iowa,
Ernest G. Clark, Mayor
Contractor: B&B Builders Inc.
Robert Brustkem. Owner
Suzy ScharCity Clerk
Approved by the City Council of the City of Waterloo, Iowa, this 6th day of
April, 2015.
ATTEST:
City Clerk
CONTRACT page 2 of 2
Attachment A:
Davis Bacon and Related Acts Requirements
1. Federal Clauses
2. Wage Determination Packet
3. Section 3
Federal Labor Standards Provisions
U.S. Department of Housing
and Urban Development
Office of Labor Relations
Applicability
The Project or Program to which the construction work
covered by this contract pertains is being assisted by the
United States of America and the following Federal Labor
Standards Provisions are Included in this Contract
pursuant to the provisions applicable to such Federal
assistance.
A. 1. (1) Minimum Wages. All laborers and mechanics
employed or working upon the site of the work, will be paid
unconditionally and not less often than once a week, and
without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR Part 3), the full amount of wages
and bona fide fringe benefits (or cash equivalents thereof)
due at time of payment computed at rates not less than
those contained In the wage determination of the
Secretary of Labor which is attached hereto and made a
part hereof, regardless of any contractual relationship
which may be alleged to exist between the contractor and
such laborers and mechanics. Contributions made or
costs reasonably anticipated for bona fide fringe benefits
under Section I(b)(2) of the Davis -Bacon Act on behalf of
laborers or mechanics are considered wages paid to such
laborers or mechanics, subject to the provisions of 29 CFR
5.5(a)(1)(iv); also, regular contributions made or costs
incurred for more than a weekly period (but not Tess often
than quarterly) under plans, funds, or programs, which
-over the particular weekly period, are deemed to be
)nstructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination
for the classification of work actually performed, without
regard to skill, except as provided in 29 CFR 5.5(a)(4).
Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for
each classification for the time actually worked therein:
Provided, That the employer's payroll records accurately
set forth the time spent in each classification in which
work is performed. The wage determination (including any
additional classification and wage rates conformed under
29 CFR 5.5(a)(1)(10 and the Davis -Bacon poster (WH -
1321) shall be posted at all times by the contractor and its
subcontractors at the site of the work in a prominent and
accessible, place where it can be easily seen by the
workers.
(11) (a) Any class of laborers or mechanics which is not
listed In the wage determination and which is to be
employed under the contract shall be classified in
conformance with the wage determination. HUD shall
approve an additional classification and wage rate and
fringe benefits therefor only when the following criteria
have been met:
(1) The work to be performed by the classification
requested is not performed by a classification in the wage
determination; and
(2) The classification Is utilized in the area by the
construction industry; and
(3) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(b) If the contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and HUD or its designee agree on the
classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report
of the action taken shall be sent by HUD or its designee to
the Administrator of the Wage and Hour Division,
Employment Standards Administration, U.S. Department of
Labor, Washington, D.C. 20210. The Administrator, or an
authorized representative, will approve, modify, or
disapprove every additional classification action within 30
days of receipt and so advise HUD or its designee or will
notify HUD or its designee within the 30 -day period that
additional time is necessary. (Approved by the Office of
Management and Budget under OMB control number 1215-
0140.)
(c) In the event the contractor, the laborers or mechanics
to be employed in the classification or their
representatives, and HUD or Its designee do not agree on
the proposed classification and wage rate (including the
amount designated for fringe benefits, where appropriate),
HUD or its designee shall refer the questions, including
the views of all interested parties and the recommendation
of HUD or its designee, to the Administrator for
determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of
receipt and so advise HUD or its designee or will notify
HUD or its designee within the 30 -day period that
additional time is necessary. (Approved by the Office of
Management and Budget under OMB Control Number
1215-0140.)
(d) The wage rate (including fringe benefits where
appropriate) determined pursuant to subparagraphs
(1)(ii)(b) or (c) of this paragraph, shall be paid to all
workers performing work in the classification under this
contract from the first day on which work is performed in
the classification.
(111) Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a
fringe benefit which is not expressed as an hourly rate, the
contractor shall either pay the benefit as stated in the
wage determination or shall pay another bona fide fringe
benefit or an hourly cash equivalent thereof.
(Iv) If the contractor does not make payments to a trustee
or other third person, the contractor may consider as part
Previous editions are obsolete
form HUD -4010 (06/2009)
Page 1 of 5 ref. Handbook 1344.1
of the wages of any laborer or mechanic the amount of any
costs reasonably anticipated in providing bona fide fringe
benefits under a plan or program, Provided, That the
Secretary of Labor has found, upon the written request of
the contractor, that the applicable standards of the Davis -
Bacon Act have been met. The Secretary of Labor may
require the contractor to set aside In a separate account
assets for the meeting of obligations under the plan or
program. (Approved by the Office of Management and
Budget under OMB Control Number 1215-0140.)
2. Withholding. HUD or its designee shall upon its own
action or upon written request of an authorized
representative of the Department of Labor withhold or
cause to be withheld from the contractor under this
contract or any other Federal contract with the same prime
contractor, or any other Federally -assisted contract
subject to Davis -Bacon prevailing wage requirements,
which is held by the same prime contractor so much of the
accrued payments or advances as may be considered
necessary to pay laborers and mechanics, including
apprentices, trainees and helpers, employed by the
contractor or any subcontractor the full amount of wages
required by the contract In the event of failure to pay any
laborer or mechanic, Including any apprentice, trainee or
helper, employed or working on the site of the work, all or
part of the wages required by the contract, HUD or its
designee may, after written notice to the contractor,
sponsor, applicant, or owner, take such action as may be
necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such
violations have ceased. HUD or its designee may, after
written notice to the contractor, disburse such amounts
withheld for and on account of the contractor or
subcontractor to the respective employees to whom they
are due. The Comptroller General shall make such
disbursements In the case of direct Davis -Bacon Act
contracts.
3. (I) Payrolls and basic records. Payrolls and basic
records relating thereto shall be maintained by the
contractor during the course of the work preserved for a
period of three years thereafter for all laborers and
mechanics working at the site of the work. Such records
shall contain the name, address, and social security
number of each such worker, his or her correct
classification, hourly rates of wages paid (including rates
of contributions or costs anticipated for bona fide fringe
benefits or cash equivalents thereof of the types described
in Section I(b)(2)(B) of the Davis -bacon Act), daily and
weekly number of hours worked, deductions made and
actual wages paid. Whenever the Secretary of Labor has
found under 29 CFR 5.5 (a)(1)(iv) that the wages of any
laborer or mechanic include the amount of any costs
reasonably anticipated in providing benefits under a plan
or program described in Section I(b)(2)(B) of the Davis -
Bacon Act, the contractor shall maintain records which
show that the commitment to provide such benefits is
enforceable, that the plan or program is financially
responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or
the actual cost incurred in providing such benefits.
Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the
applicable programs. (Approved by the Office of
Management and Budget under OMB Control Numbers
1215-0140 and 1215-0017.)
(Il) (a) The contractor shall submit weekly for each week
in which any contract work is performed a copy of all
payrolls to HUD or its designee if the agency is a party to
the contract, but if the agency is not such a party, the
contractor will submit the payrolls to the applicant
sponsor, or owner, as the case may be, for transmission to
HUD or its designee. The payrolls submitted shall set out
accurately and completely all of the information required
to be maintained under 29 CFR 5.5(a)(3)(i) except that full
social security numbers and home addresses shall not be
included on weekly transmittals. Instead the payrolls shall
only need to include an individually identifying number for
each employee (e.g., the last four digits of the employee's
social security number). The required weekly payroll
information may be submitted in any form desired.
Optional Form WH -347 is available for this purpose from
the Wage and Hour Division Web site at
htto://www.dol.qov/esa/whd/forms/wh347instr.htm or its
successor site. The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full
social security number and current address of each
covered worker, and shall provide them upon request to
HUD or its designee if the agency is a party to the
contract, but if the agency is not such a party, the
contractor will submit the payrolls to the applicant
sponsor, or owner, as the case may be, for transmission to
HUD or its designee, the contractor, or the Wage and Hour
Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage
requirements. It is not a violation of this subparagraph for
a prime contractor to require a subcontractor to provide
addresses and social security numbers to the prime
contractor for its own records, without weekly submission
to HUD or its designee. (Approved by the Office of
Management and Budget under OMB Control Number
1215-0149.)
(b) Each payroll submitted shall be accompanied by a
"Statement of Compliance," signed by the contractor or
subcontractor or his or her agent who pays or supervises
the payment of the persons employed under the contract
and shall certify the following:
(1) That the payroll for the payroll period contains the
information required to be provided under 29 CFR 5.5
(a)(3)(ii), the appropriate information is being maintained
under 29 CFR 5.5(a)(3)(1), and that such information is
correct and complete;
Previous editions are obsolete form HUD -4010 (06/2009)
Page 2 of 5 ref. Handbook 1344.1
(2) That each laborer or mechanic (including each helper,
apprentice, and trainee) employed on the contract during
the payroll period has been paid the full weekly wages
earned, without rebate, either directly or indirectly, and
that no deductions have been made either directly or
indirectly from the full wages earned, other than
permissible deductions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less
than the applicable wage rates and fringe benefits or cash
equivalents for the classification of work performed, as
specified in the applicable wage determination
incorporated into the contract.
(c) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form
WH -347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by subparagraph
A.3.(1i)(b).
(d) The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal
prosecution under Section 1001 of Title 18 and Section
231 of Title 31 of the United States Code.
(111) The contractor or subcontractor shall make the
records required under subparagraph A.3.(i) available for
inspection, copying, or transcription by authorized
representatives of HUD or its designee or the Department
of Labor, and shall permit such representatives to
interview employees during working hours on the job. If
the contractor or subcontractor falls to submit the required
records or to make them available, HUD or its designee
may, after written notice to the contractor, sponsor,
applicant or owner, take such action as may be necessary
to cause the suspension of any further payment, advance,
or guarantee of funds. Furthermore, failure to submit the
required records upon request or to make such records
available may be grounds for debarment action pursuant to
29 CFR 5.12.
4. Apprentices and Trainees.
(1) Apprentices. Apprentices will be permitted to work at
less than the predetermined rate for the work they
performed when they are employed pursuant to and
individually registered in a bona fide apprenticeship
program registered with the U.S. Department of Labor,
Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or
with a State Apprenticeship Agency recognized by the
Office, or if a person is employed in his or her first 90
days of probationary employment as an apprentice in such
an apprenticeship program, who is not individually
registered in the program, but who has been certified by
the Office of Apprenticeship Training, Employer and Labor
Services or a State Apprenticeship Agency (where
appropriate) to be eligible for probationary employment as
an apprentice. The allowable ratio of apprentices to
journeymen on the job site in any craft classification shall
not be greater than the ratio permitted to the contractor as
to the entire work force under the registered program. Any
worker listed on a payroll at an apprentice wage rate, who
is not registered or otherwise employed as stated above,
shall be paid not less than the applicable wage rate on the
wage determination for the classification of work actually
performed. In addition, any apprentice performing work on
the job site in excess of the ratio permitted under the
registered program shall be paid not less than the
applicable wage rate on the wage determination for the
work actually performed. Where a contractor is performing
construction on a project in a locality other than that in
which its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman's hourly
rate) specified in the contractor's or subcontractor's
registered program shall be observed. Every apprentice
must be paid at not less than the rate specified in the
registered program for the apprentice's level of progress,
expressed as a percentage of the journeymen hourly rate
specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance
with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
classification. If the Administrator determines that a
different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that
determination. In the event the Office of Apprenticeship
Training, Employer and Labor Services, or a State
Apprenticeship Agency recognized by the Office,
withdraws approval of an apprenticeship program, the
contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate
for the work performed until an acceptable program is
approved.
(11) Trainees. Except as provided in 29 CFR 5.16,
trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are
employed pursuant ',to and individually registered in a
program which has received prior approval, evidenced by
formal certification by the U.S. Department of Labor,
Employment and Training Administration. The ratio of
trainees to journeymen on the job site shall not be greater
than permitted under the plan approved by the
Employment and Training Administration. Every trainee
must be paid at not less than the rate specified in the
approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees
shall be paid fringe benefits in accordance with the
provisions of the trainee program. If the trainee program
does not mention fringe benefits, trainees shall be paid
the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and
Hour Division determines that there is an apprenticeship
program associated with the corresponding journeyman
wage rate on the wage determination which provides for
less than full fringe benefits for apprentices. Any
employee listed on the payroll at a trainee rate who is not
registered and participating in a training plan approved by
Previous editions are obsolete form HUD -4010 (06/2009)
Page 3 of 5 ref. Handbook 1344.1
the Employment and Training Administration shall be paid
not less than the applicable wage rate on the wage
determination for the work actually performed. In addition,
any trainee performing work on the job site in excess of
the ratio permitted under the registered program shall be
paid not less than the applicable wage rate on the wage
determination for the work actually performed. In the
event the Employment and Training Administration
withdraws approval of a training program, the contractor
will no longer be permitted to utilize trainees at Tess than
the applicable predetermined rate for the work performed
until an acceptable program is approved.
(111) Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under 29 CFR Part 5
shall be in conformity with the equal employment
opportunity requirements of Executive Order 11246, as
amended, and 29 CFR Part 30.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR
Part 3 which are incorporated by reference in this contract
6. Subcontracts. The contractor or subcontractor will
insert in any subcontracts the clauses contained in
subparagraphs 1 through 11 in this paragraph A and such
other clauses as HUD or its designee may by appropriate
instructions require, and a copy of the applicable
prevailing wage decision, and also a clause requiring the
subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible
for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this
paragraph.
7. Contract termination; debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for
termination of the contract and for debarment as a
contractor and a subcontractor as provided in 29 CFR
5.12.
8. Compliance with Davis -Bacon and Related Act Requirements.
All rulings and interpretations of the Davis -Bacon and
Related Acts contained in 29 CFR Parts 1, 3, and 5 are
herein incorporated by reference in this contract
9. Disputes concerning labor standards. Disputes
arising out of the labor standards provisions of this
contract shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in
accordance with the procedures of the Department of
Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes
within the meaning of this clause include disputes between
the contractor (or any of its subcontractors) and HUD or
its designee, the U.S. Department of Labor, or the
employees or their representatives.
10. (1) Certification of Eligibility. By entering into this
contract the contractor certifies that neither it (nor he or
she) nor any person or firm who has an interest in the
contractor's firm is a person or firm ineligible to be
awarded Government contracts by virtue of Section 3(a) of
the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be
awarded HUD contracts or participate in HUD programs
pursuant to 24 CFR Part 24.
(11) No part of this contract shall be subcontracted to any
person or firm ineligible for award of a Government
contract by virtue of Section 3(a) of the Davis -Bacon Act
or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or
participate in HUD programs pursuant to 24 CFR Part 24.
(iii) The penalty for making false statements is prescribed
in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally,
U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C.,
"Federal Housing Administration transactions", provides in
part: "Whoever, for the purpose of ... Influencing in any
way the action of such Administration makes, utters or
publishes any statement knowing the same to be false
shall be fined not more than $5,000 or imprisoned not
more than two years, or both."
11. Complaints, Proceedings, or Testimony by
Employees. No laborer or mechanic to whom the wage,
salary, or other labor standards provisions of this Contract
are applicable shall be discharged or in any other manner
discriminated against by the Contractor or any
subcontractor because such employee has filed any
complaint or Instituted or caused to be instituted any
proceeding or has testified or is about to testify in any
proceeding under or relating to the labor standards
applicable under this Contract to his employer.
B. Contract Work Hours and Safety Standards Act. The
provisions of this paragraph B are applicable where the amount of the
prime contract exceeds $100,000. As used in this paragraph, the
terms "laborers" and "mechanics" include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require or
involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which the
individual is employed on such work to work in excess of 40 hours in
such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic
rate of pay for all hours worked in excess of 40 hours in such
workweek.
(2) Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set
forth in subparagraph (1) of this paragraph, the contractor
and any subcontractor responsible therefor shall be liable
for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the
case of work done under contract for the District of
Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each individual
laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in
subparagraph (1) of this paragraph, in the sum of $10 for each
calendar day on which such individual was required or permitted to
work in excess of the standard workweek of 40 hours without payment
of the overtime wages required by the clause set forth in sub
paragraph (1) of this paragraph.
Previous editions are obsolete form HUD -4010 (06/2009)
Page 4 of 5
ref. Handbook 1344.1
(3) Withholding for unpaid wages and liquidated
damages. HUD or its designee shall upon its own action
or upon written request of an authorized representative of
the Department of Labor withhold or cause to be withheld,
from any moneys payable on account of work performed by
the contractor or subcontractor under any such contract or
any other Federal contract with the same prime contract,
or any other Federally -assisted contract subject to the
Contract Work Hours and Safety Standards Act which is
held by the same prime contractor such sums as may be
determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in
subparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall
insert in any subcontracts the clauses set forth in
subparagraph (1) through (4) of this paragraph and also a
clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses
set forth 1n subparagraphs (1) through (4) of this
paragraph.
C. Health and Safety. The provisions of this paragraph C are
applicable where the amount of the prime contract exceeds $100,000.
(1) No laborer or mechanic shall be required to work in
surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his health and
safety as determined under construction safety and health
standards promulgated by the Secretary of Labor by
regulation.
(2) The Contractor shall comply with all regulations
issued by the Secretary of Labor pursuant to Title 29 Part
1926 and failure to comply may result in imposition of
sanctions pursuant to the Contract Work Hours and Safety
Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC
3701 et sea.
(3) The contractor shall include the provisions of this
paragraph in every subcontract so that such provisions will
be binding on each subcontractor. The contractor shall
take such action with respect to any subcontractor as the
Secretary of Housing and Urban Development or the
Secretary of Labor shall direct as a means of enforcing
such provisions.
Previous editions are obsolete form HUD -4010 (06/2009)
Page 5 of 5 ref. Handbook 1344.1
General Decision Number: IA150030 07/10/2015 IA30
Superseded General Decision Number: IA20140030
State: Iowa
Construction Type: Building
County: Black Hawk County in Iowa.
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
2
3
ASBE0081-005 06/01/2015
Publication Date
01/02/2015
04/03/2015
06/26/2015
07/10/2015
Rates Fringes
ASBESTOS WORKER/HEAT & FROST
INSULATOR, Excluding Duct
Insulation $ 30.33 19.33
Hazardous Material
Handler/asbestos removal
worker (Includes preparation,
wetting, stripping, removal,
scrapping, vaccuming,
bagging, and disposal of all
insulation materials, whether
they contain asbestos or not,
from mechanical systems) $ 20.50 10.40
BRIA0028-001 05/05/2013
Rates Fringes
BRICKLAYER $ 24.68 10.12
BRIA0028-003 07/01/2013
Rates Fringes
TILE SETTER $ 32.35 1.95
ELEV0033-001 01/01/2015
Rates Fringes
ELEVATOR MECHANIC $ 40.47 28.39
FOOTNOTE:
a) Employer contributes 8% of basic hourly rate for over 5
years service and 6% of basic hourly rate for under 5 years
service as Vacation Pay Credit.
b) Eight Paid Holidays - New Year's Day, Memorial Day,
Independence Day, Labor Day, Veteran's Day, Thanksgiving
Day, the Friday after Thanksgiving Day and Christmas Day.
ENGI0234-014 05/01/2013
Rates Fringes
Power equipment operators:
GROUP 1 $ 25.70 12.90
GROUP 2 $ 24.32 12.90
GROUP 3 $ 21.99 12.90
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1 - Excavators
GROUP 2 - Bulldozer; Forklift; Scraper
GROUP 3 - Bobcat/Skid Loader; Grader/Blade; Loader; Roller
IRON0089-005 05/01/2014
Rates Fringes
IRONWORKER (Ornamental,
Reinforcing and Structural) $ 26.67 16.68
LABO0043-003 05/01/2010
Rates Fringes
LABORER
Mason Tender - Brick $ 15.85 9.12
Mason Tender -
Cement/Concrete $ 15.85 9.12
Pipelayer $ 15.85 9.12
PAIN0676-002 05/01/2014
Rates Fringes
PAINTER
Brush and Roller,
Excluding Drywall Fnishing..$ 22.66
10.40
PLUM0125-008 05/01/2013
Rates Fringes
PLUMBER/PIPEFITTER (Excluding
HVAC Pipe Installation) $ 35.79 13.44
* R00F0182-006 05/01/2015
Rates Fringes
ROOFER
Excluding Metal Roofs $ 22.66 10.09
SHEE0045-006 07/01/2010
Rates Fringes
SHEETMETAL WORKER, Excluding
HVAC Duct Installation $ 30.51 13.66
SUTA2008-026 09/11/2008
Rates Fringes
CARPENTER (Form Work Only) $ 15.25 0.94
CARPENTER, Excludes Drywall
Hanging, and Form Work $ 13.33 1.79
CEMENT MASON/CONCRETE FINISHER$ 12.82 0.79
DRYWALL FINISHER/TAPER $ 15.78 1.17
DRYWALL HANGER $ 16.29 1.80
ELECTRICIAN $ 20.49 4.18
GLAZIER $ 16.02 2.69
LABORER: Common or General $ 9.73 0.89
LABORER: Landscape &
Irrigation $ 8.98 0.00
OPERATOR: Backhoe $ 19.10 8.92
OPERATOR: Crane $ 19.38 4.22
PAINTER: Spray (Excludes
Drywall Finishing/Taping) $ 12.00 0.23
PLASTERER $ 12.61 0.49
PLUMBER (HVAC Pipe
Installation) $ 18.82 2.30
ROOFER: Metal Roof $ 12.22 0.00
SHEET.METAL WORKER (HVAC Duct
Installation Only) $ 16.13 3.39
TRUCK DRIVER $ 12.23 0.36
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than "SU" or
"UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis -Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
Section 3 Clause
A. The work to be performed under this contract 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 HUD -assisted 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.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which
implement Section 3. As evidenced by their execution of this contract, the parties to this contract
certify that they are under no contractual or other impediment that would prevent them from
complying with the part 135 regulations.
C. The contractor agrees to send to each labor organization or representative or workers with
which the contractor has a collective bargaining agreement or other understanding, if any, a notice
advising the labor organization or workers' representative of the contractor's 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 and 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.
D. The contractor agrees to include this 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 contractor will not
subcontract with any subcontractor where the contractor has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR part 135.
E. The contractor will certify that any vacant employment positions, including training positions, that
are filled (1) after the contractor is 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 contractor's obligations under 24 CFR
part 135.
F. 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.
G. With respect to work performed in connection with Section 3 covered Indian housing assistance,
section 7(b) of the Indian Self -Determination and Education Assistance Act
(25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b)
requires that to the greatest extent feasible (i) preference and opportunities for training and
employment shall be given to Indians, and (ii) preference in the award of contracts and
subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises.
Parties to this contract that are subject to the provisions of Section 3 to the maximum extent
feasible, but not in derogation of compliance with section 7(b).
GUIDANCE ON SECTION 3
(Refer to 24 CFR Part 135 for complete information)
WHAT IS SECTION 3?
Section 3 of the Housing and Urban Development Act of 1968 (Section 3), as amended by the Section 915 of
the Housing and Community Development Act of 1992, requires that economic opportunities generated by HUD
financial assistance for housing and community development programs be targeted toward low- and very low-
income persons. In effect, this means:
❑ Whenever HUD assistance generates opportunities for employment or contracting, Public and Indian
Housing Authorities, state and local grantees, and other recipients of HUD housing assistance funds must,
to the greatest extent feasible, provide these opportunities to low- and very low-income persons and to
businesses owned by or employing low- and very low-income persons.
❑ The Section 3 requirements apply to job training, employment, contracting and subcontracting and other
economic opportunities arising from assistance provided for construction, reconstruction, conversion, or
rehabilitation (including lead-based paint hazard reduction and abatement) of housing, other buildings, or
improvements assisted with housing or community development assistance, including HOME.
❑ Section 3 applies to:
projects for which HUD's share of project costs exceeds $200,000; and
contracts and subcontracts awarded on projects for which HUD's share or project costs exceeds
$200,000, and the contract or subcontract exceeds $100,000.
O Recipients whose projects do not fall under Section 3 are nonetheless encouraged to comply with the
Section 3 preference requirements.
❑ Recipients and their contractors and subcontractors must show preferences for giving training and
employment opportunities to low-income persons, to the greatest extent feasible. They should show
priority considerations for hiring low-income persons as follows:
(1) Low-income persons residing in the service area or neighborhood in which the project is located.
(2) Participants in HUD Youthbuild programs.
(3) If project is assisted under the McKinney Act, homeless persons in the project area of the project.
(4) Other Section 3 residents.
Again, the persons hired should be qualified to perform the work required.
O Recipients and their contractors and subcontractors must direct their efforts to award Section 3 business
concerns, to the greatest extent feasible, to Section 3 business concems in the following preference order
(1) Section 3 businesses that operate in the project area.
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(2) Entities that carry out Youthbuild programs.
(3) Other Section 3 business concems.
The business must be able to demonstrate that it can successfully perform under the terms and conditions
of the proposed contract. In addition, these requirements do not restrict competition to only businesses
meeting one of the priorities, nor do they authorize set -asides.
COMPLIANCE AND RECORDKEEPING
❑ Numerical goals for meeting the greatest extent feasible requirement:
> For training and employment opportunities resulting from Section 3 -covered housing assistance, a
commitment to employ 10% of the aggregate number of new hires each year over the duration of the
Section 3 project.
> For training and employment opportunities resulting from Section 3 -covered community development
assistance, a commitment to employ 30% of the aggregate number of new hires for a one-year period.
> For contracts awarded in connection with Section 3 -covered projects, a commitment to award at least
10% of the total dollar amount of contracts for building trades work and at least 30% of the total dollar
amount of all other Section 3 -covered contracts.
❑ All recipients of assistance must:
> Amend their employment and procurement policies to comply with Section 3.
> Include the Section 3 clause is covered contracts and subcontracts.
Document their best efforts to comply with Section 3 and their success at hiring low-income persons.
> Monitor their own compliance and the compliance of their contractors and subcontractors.
> Provide annual reports to the Assistant Secretary for Fair Housing and Equal Opportunity as requested.
❑ Recipients must maintain the following records:
> The good faith efforts made to make low-income persons aware of the positions, and to encourage and
facilitate their application.
The number and dollar value of all contracts awarded to businesses and, in particular, Section 3
businesses during the fiscal year.
▪ .A description of the best efforts made to award contracts to Section 3 businesses.
> The mechanisms by which they ensured that contractors and subcontractors complied with the Section
3 preferences for training, employment, and contract awarding.
Cr The Assistant Secretary for Fair Housing and Equal Opportunity will conduct periodic compliance reviews.
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