HomeMy WebLinkAbout11.28.11 Special Council Packet
City of Farmington
430 Third Street
Farmington, MN 55024
Mission Statement
Through teamwork and cooperation,
the City of Farmington provides quality
services that preserve our proud past and
foster a prom is ingfuture.
FARMINGTON CITY COUNCIL
Todd Larson, Mayor
Jason Bartholomay Christy Fogarty
Terry Donnelly Julie May
AGENDA
SPECIAL CITY COUNCIL MEETING
NOVEMBER 28, 2011
7:00 P.M. (Approximately)
CITY COUNCIL CHAMBERS
Action Taken
1. CALL TO ORDER 7:00 P.M.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVE AGENDA
5. CONSENT AGENDA
a) Adopt Resolution - Approve Release of Land from Development Contract
Quality Ingredients Corporation - Economic Development
b) Approve Pellicci Ace Hardware Commercial Rehabilitation Grant Agreement
- Economic Development
6. ADJOURN
Persons with a disability may request a reasonable accommodation by contacting the City Administrator's office at 651-280-6803.
Request should be made 24 hours in advance or as early as possible to allow time to arrange accommodation.
5CL
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 . Fax 651.280.6899
www.ciJarmington.mn.us
TO: Mayor, Councilmembers, and City Administrator .
FROM: Tina Hansmeier, Economic Development Specialist
SUBJECT: Quality Ingredients Corporation - Release of Land from Development Contract
DATE: November 28, 2011
INTRODUCTION
Quality Ingredients Corporation, Inc (QIC) is pursuing the purchase of the property located at 21025
Edmonton Avenue (Exhibit A) for chemical and food ingredient processing. The property consists of two
parcels: Lot 1, Block 4, Farmington Industrial Park and Lot 1, Block 4, Farmington Industrial Park 2nd
Addition (Exhibit B). Recorded against the property is a Development Contract and the Industrial Park
Addition and Industrial Park 2nd Addition Declarations of Covenants.
DISCUSSION
The Development Contract is dated May 21, 1991 and is between the City and the predessor to the EDA, the
HRA. QIC is requesting that the EDA and City release the property from the terms of the Development
Contract. Staff has reviewed the Development Contract and determined that all requirements of the
agreement have been met.
ACTION REQUESTED
Approve and execute the enclosed Release of Land from Development Contract.
Respectfully Submitted,
Tina Hansmeier
Economic Development Specialist
Cc: File
Andrea McDowell-Poehler, City Attorney
Bob Freemore, QIC
(Reserved for Recording Data)
RELEASE OF LAND FROM DEVELOPMENT CONTRACT
THIS RELEASE OF LAND FROM DEVELOPMENT CONTRACT ("Release") is
made as of this _ day of , 2011, by and between the CITY OF
FARMINGTON, a Minnesota municipal corporation ("City"), and the ECONOMIC
DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF FARMINGTON, a public body
corporate and politic under the laws of the State of Minnesota, formerly known as Farmington
Housing and Redevelopment Authority ("Developer").
RECITALS
A. City and Developer are parties to that certain Development Contract dated May 21,
1990, recorded as Document No. 958742 in the office of the Dakota County Recorder, Dakota
County, Minnesota ("Development Agreement").
B. The parties now desire to amend the Development Agreement to release Lot 1,
Block 4, Farmington Industrial Park (the "Land") from the terms ofthe Development Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and promises set forth
herein and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, City and Developer agree as follows:
1. RELEASE OF LAND. The City hereby acknowledges and confirms that
Developer has completed the work required of it under the Development Agreement as it relates to
the Land and the Land is hereby released from the Development Agreement.
2. All capitalized terms used in this Release and not otherwise defined herein shall have
the meanings given such terms in the Development Agreement.
[Signature page follows.]
IN WITNESS WHEREOF, the parties hereto have duly executed this Release as of the
date set forth above. .
CITY:
DEVELOPER:
CITY OF FARMINGTON
ECONOMIC DEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF FARMINGTON
By:
Name:
Title:
By:
Name:
Title:
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
2011, by the of the City of Farmington, a
Minnesota municipal corporation, on behalf of the municipal corporation.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
2011, by , the of the Economic
Development Authority in and for the City of Farmington, a public body corporate and politic under
the laws of the State of Minnesota, on behalf of the public body corporate and politic.
Notary Public
This instrument was drafted by:
Fredrikson & Byron, P.A.
200 South Sixth Street, Suite 4000
Minnea olis, MN 55402-1425
5020627 JDOC
2
6'=>
City of Farmington
430 Third Street
Farmington, Minnesota
651.280.6800 . Fax 651.280.6899
www.ci.farmington.mn.us
TO:
Mayor, Councilmembers, and City Administrator
FROM:
Tina Hansmeier, Economic Development Specialist
SUBJECT:
Pellicci Ace Hardware - Commercial Rehabilitation Grant Agreement
DATE:
November 28,2011
INTRODUCTION
The City Council authorized the award of a Commercial Rehabilitation Grant to Pellicci Ace Hardware on November
7, 2011. Grant funds were awarded to assist the property owner in eliminating conditions detrimental to public health
and safety specific to the installation of a new roof and fire suppression system.
DISCUSSION
The City's Commercial Rehabilitation Grant Program is a program that provides assistance to property owners that
make eligible improvements to commercial properties to prevent deterioration of structures and encourages projects
that correct code violations. The total available balance in the Commercial Rehabilitation Grant program fund is
$53,500.
Pellicci Ace Hardware has purchased and will be converting the property at 3560 213th Street West from a former
empty medical building into a retail space. Their new facility is in need of a new roof, fa9ade improvements, handicap
accessibility improvements and code violation upgrades.
Of the work identified, the installation of a fire suppression system and new room meet the program requirements.
Both improvement projects have been identified by appropriate city staff to be code deficiencies. Copies of bids
received for the project have been provided and reviewed by staff. All documentation required of the program has
been received.
The program requires for every $1 dollar of grant funds provided the applicant must provide $1. Three competitive
bids were received for the installation of a new roof and ranged from $12,545 up to $19,686. Three competitive bids
were received for the installation of the fire suppression system and ranged from $49,700 up to $72,550.
The total of the combined lowest bid for each project (roof and fire suppression) is $62,245. The maximum amount
the city could award to the applicant is $31,122.50.
ACTION REQUESTED
Approve the enclosed Commercial Rehabilitation Grant Agreement between the City and Farmington Stallions LLC
(Pellicci Ace Hardware).
Respectfully Submitted,
Tina Hansmeier, Economic Development Specialist
City of Farmington
Commercial Rehabilitation Grant Program
Grant Agreement
This agreement is made and entered into this ~ day of ~M.'ot\ ,2011, by and between
Farmington Stallions, LLC, a Limited Liability company, having its principal offices at 13683 Dunbar Way,
Apple Valley, Minnesota (hereinafter referred to as "Grantee") and the City of Farmington, a public body
corporate and politic, having its principal offices at 430 Third Street, Farmington, Minnesota (hereinafter
referred to as "Grantor").
WHEREAS, the Grantor is a Subrecipient of Dakota County Community Development Agency in the
County's Community Development Block Grant ("CDBG") Program; and
WHEREAS, the Grantor has established a Commercial Rehabilitation Grant Program funded by its
entitlement of CDBG funds to assist businesses with the elimination of specific conditions detrimental to
public health and safety; and
WHEREAS, the Grantee shall match the total Grant amount received from the Grantor based upon the
expenditure of one dollar of Grantee funds for each one dollar of Grant funding; and
WHEREAS, the Grantee has applied for Commercial Rehabilitation Grant funds to convert the building
located at 3560 213th St W, Farmington, Minnesota, from an empty medical clinic to a retail space for
Pellicci ACE Hardware; and
WHEREAS, the Grantee has requested funding to assist with the installation of a new roof and installation
of a new fire suppression system; and
WHEREAS, the Grantor has reviewed the Grantee's application and determined that the proposed
rehabilitation project eliminates specific conditions detrimental to public health and safety.
NOW THEREFORE, in consideration of the Grant and the mutual covenants contained herein, the parties
agree as follows:
1. The Grantor agrees to provide a maximum of $31,122.50 (thirty-one thousand one hundred
twenty two dollars and fifty cents) in CDBG funds to the Grantee for the installation of a new roof
and fire suppression system (the "Project") to eliminate conditions detrimental to public health and
safety.
2. The Grantee agrees to use the proceeds of the Grant solely for the installation of a new roof and
installation of a new fire suppression system.
3. The Grantee will provide the Grantor copies of the bids received for the Project prior to the award
of bids. Grantee must solicit at least three businesses and obtain two competitive bids for all
work to be done as part of the Project.
4. The Project shall be completed in a timely manner and all Grant funds must be used within one
year from the date of the grant agreement ("End Date"). The End Date may be extended beyond
the original End Date up to one year, upon written approval of the Grantor.
5. The Grantee will require all contractors to pay federal prevailing wages (Davis Bacon Act) to
employees working on the Project. The wage determination for this project is MN100068
10/14/2011 (Attachment B).
6. The Grantee will require all contractors to submit weekly Davis Bacon payroll documents to the
Dakota County CDA (contact: Lisa Henning, Assistant Director of Community and Economic
1
Development). Such payroll documents must be approved by the Dakota County CDA before
reimbursement payments will be made to the Grantee.
7. Grant funds will be paid on a reimbursement basis only after all improvements have been
completed according to the authorized scope of work and have been accepted by the Grantor.
8. The grant agreement will be terminated 90 days from the date of this Agreement if construction
work has not yet begun.
9. The Grantee agrees not to relocate outside of the City of Farmington for a period of three years
after the date of this grant agreement.
10. The Grantee shall defend, indemnify, and hold harmless the officers and employees of the
Grantor and the Dakota County CDA from all liability and claims for damages arising from bodily
injury, death, property damage, sickness, disease, or loss and expense resulting from or alleged
to result from Grantee's operations under this Agreement.
11. The Grantee agrees to keep in force at all times during the term of this Agreement a
comprehensive general liability insurance policy covering any injury and/or property damage
caused by any negligent act or omission on the part of the Grantee, its agents, or employees in
the performance of or with relation to the work or services to be performed or furnished by the
Grantee under the terms of this Agreement in an amount of $1 ,000,000.00. The Certificate of
Insurance shall include the Grantor and Dakota County CDA as certificate holders by
endorsement. The Grantee further agrees to maintain worker's compensation coverage in
accordance with state law. Certificates of Insurance evidencing such insurance policies shall be
provided to the Grantor prior to initiation of the work under the Project activities covered by this
Agreement and before any reimbursement of grant funds is made.
12. The Grantee agrees to comply with all local, state, and federal equal employment opportunity
laws and ordinances as they pertain to unlawful discrimination on account of race, color, creed,
religion, national origin, sex, sexual or affectional orientation, marital status, status with regard to
public assistance, familial status, disability or age.
13. The Grantee agrees to comply with other Federal CDBG contract provisions as detailed in
Attachment A.
14. The Grantee agrees to comply with the Federal Labor Standard Provisions and Standard
Assurances as detailed in Attachment C and Attachment D.
15. Grantee agrees that if there occurs any breach in the terms of this agreement after payment of
CDBG funds that is not cured within 30 days or such longer period as may be necessary after
written notice from the Grantor to the Grantee of such breach, the Grantor may take whatever
action, including legal, equitable or administrative action, which may appear necessary or
desirable to the Grantor, to enforce performance and observance of any obligation, agreement, or
covenant of the Grantee under this Agreement. In addition, upon said breach and the failure to
cure said breach within 30 days or such longer period as may be necessary after written notice
from the Grantor to the Grantee of such breach, the Grantor shall have the option to require the
Grantee to reimburse the Grantor CDBG funds, plus any expenses incurred by the Grantor to
include, but not necessarily be limited to, administrative and legal expenses and any investment
of CDBG funds.
2
IN WITNESS WHEREOF, the parties hereto have hereby executed this Agreement as of the year and
date written above.
GRANTOR:
GRANTEE:
BY:
FARMINGTON STALLIONS, LLC.
By'~Q~
CITY OF FARMINGTON
ITS:
ITS: C. E (::)
By:_\V\~\._.l Q~--~
C~O
ITS:
BY:
ITS:
3
Attachment A - PROVISIONS FOR CDBG FUNDED CONTRACTS
I. SPECIAL EQUAL OPPORTUNITY PROVISIONS
A. Activities and Contracts Not Subiect to Executive Order 11246. as Amended
(Applicable to Federally assisted construction contracts and related subcontracts of$lO,OOO and under.)
During the performance of this contract, the contractor agrees as follows:
1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color,
religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants for
employment are employed, and that employees are treated during employment, without regard to their race,
color, religion, sex, or national origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;
rates of payor other forms of compensation; and selection for training, including apprenticeship.
2. The Contractor shall post in conspicuous places, available to employees and applicants for employment, notices
setting forth the provisions of this non-discrimination clause. The Contractor shall state that all qualified
applicants will receive consideration for employment without regard to race, color, religion, sex, or national
origin.
3. Contractors shall incorporate the foregoing requirements in all subcontracts.
B. Executive Order 11245
(Applicable to Federally assisted contracts and related subcontracts of$lO,OOO and over.)
1. Section 202 Equal Opportunity Clause
During the performance of this contract, the contractor agrees as follows:
(A) The contractor will not discriminate against any employee or applicant for employment because of race,
color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants
are employed, and that employees are treated during employment, without regard to their race, color,
religion, sex, or national origin. Such action shall include, but not be limited to the following: employment,
upgrading, demotion, or transfer; recruitment, or recruitment advertising; layoff or termination, rates of pay
or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees
to post in conspicuous places, available to employees and applicants for employment, notices to be
provided setting forth the provisions of this non-discrimination clause.
(B) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration without regard to race, color,
religion, sex, or national origin.
(C) The contractor will send to each labor union or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, a notice advising the said labor union or workers'
representatives of the contractor's commitment under this section, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
(D) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the
rules, regulations, and relevant orders of the Secretary of Labor.
(E) The contractor will furnish all information and reports required by Executive Order 11246 of September
24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will
permit access to his books, records, and accounts by the Department and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations, and others.
(F) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with
any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in
whole or in part and the contractor may be declared ineligible in part and the contractor may be declared
ineligible for further Government contracts in accordance with procedures authorized in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
(G) The contractor will include the provisions of the sentence immediately preceding paragraph (A) and the
provisions of paragraphs (A) through (G) in every subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of
1
September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or purchase order as the Department may
direct as a means of enforcing such provisions, including sanctions for non-compliance. Provided,
however, that in the event a contractor becomes involved in, or is threatened with, litigation with a
subcontractor or vendor as a result of such direction by the Department, the contractor may request the
United States to enter into such litigation to protect the interest of the United States.
2. Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order
11246).
(A) The Offer's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal
Equal Employment Opportunity Construction Contract Specifications" set forth herein.
(B) The goals and timetables for minority and female participation, expressed in percentage terms for the
Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows:
Goals for Women I Minority Participation
5% Overall
Timetables:
N/A
These goals are applicable to all the Contractor's construction work (whether or not it is Federal or
federally assisted) performed in the covered area. The Contractor's compliance with the Executive Order
and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity
Clause, specific affirmative action obligations required by the specifications set forth in 41- CFR 60-4.3
(a), and its efforts to meet the goals established for the geographical area where the contract resulting from
this solicitation is to be performed. The hours of minority and female employment and training must be
substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make
a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority
or female employees or trainees from Contractor to Contractor or from project to project for the sole
purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the
regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours
performed.
(C) The Contractor shall provide written notification to the Director of the Office of Federal Contract
Compliance Programs within 10 working days of the award of any construction subcontract in excess of $
10,000 at any tier for construction work under the contract resulting from this solicitation. The notification
shall list the name, address and telephone number of the subcontractor; employer identification number;
estimated dollar amount of the identification number; estimated dollar amount of the subcontract; estimated
starting and completion dates of the subcontract; and the geographical area in which the contract is to be
performed.
(D) As used in this Notice, and in the contract resulting form this solicitation, the "Covered Area" is Dakota
County, Minnesota.
3. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order
11246)
(A) As used in these specifications:
(1) "Covered area" means the geographical area described in the solicitation from which this contract
resulted;
(2) "Director" means Director, Office of Federal Contract Compliance Programs, United States
Department of Labor, or any person to whom the Director delegates authority;
(3) "Employer identification number" means the Federal Social Security number used on the Employer's
Quarterly Federal Tax Return, U.S. Treasury Department Form 941.
(4) "Minority" includes:
(a) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);
2
(b) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other
Spanish Culture or origin, regardless of race);
(c) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far
East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands): and
(d) American Indian or Alaskan Native (all persons having origins in any of the original peoples of
North American and maintaining identifiable tribal affiliations through membership and
participation or community identification).
(B) Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any
construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of
these specifications and the Notice which contains the applicable goals for minority and female
participation and which is set forth in the solicitations from which this contract resulted.
(C) If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S.
Department of Labor in the covered area either individually or through an association, its affirmative action
obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that for
those trades which have unions participating in the Plan. Contractors must be able to demonstrate their
participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or
subcontractor participating in an approved Plan is individually required to comply with its obligations
under the EEO clause, and to make good faith effort to achieve each goal under the Plan in each trade in
which it has employees. The overall good faith performance by other Contractors or Subcontractors toward
a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take
good faith efforts to achieve the Plan goals and timetables.
(D) The Contractor shall implement the specific affirmative action standards provided in paragraphs (G)(l)
through (16) of these specifications. The goals set forth in the solicitation from which this contract resulted
are expressed as percentages of the total hours of employment and training of minority and female
employees the Contractor should reasonably be able to achieve in each construction trade in which it has
employees in the covered area. The Contractor is expected to make substantially uniform progress toward
its goals in each craft during the period specified.
(E) Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the
Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the
Contractor's obligations under these specifications, Executive Order 11246, nor the regulations
promulgated pursuant thereto.
(F) In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals,
such apprentices and trainees must be counted in meeting the goals, such apprentices and trainees must be
employed by the Contractor during the training period, and the Contractor must have made a commitment
to employ the apprentices and trainees at the completion of their training, subject to the availability of
employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S.
Department of Labor.
(G) The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The
evaluation of the Contractor's compliance with these specifications shall be based upon its efforts to
achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall
implement affirmative action steps at least as extensive as the following;
(1) Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites,
and in all facilities at which the Contractor's employees are assigned to work. The Contractor shall
specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware
of and carry out the Contractor's obligation to maintain such a working environment, with specific
attention to minority or female individuals working at such sites or in such facilities.
(2) Establish and maintain a current list of minority and female recruitment sources, provide written
notification to minority and female recruitment sources and to community organizations when the
Contractor or its unions have employment opportunities available, and maintain a record of the
organizations' responses.
(3) Maintain a current file of the names, addresses and telephone numbers of each minority and female
off-the-street applicant and minority or female referral from a union, a recruitment source or
community organization and of what action was taken with respect to each such individual. If such
individual was sent to the union hiring hall for referral and was not referred back to the Contractor by
the union or, if referred, not employed by the Contractor, this shall be documented in the file with the
reason therefore, along with whatever additional actions the Contractor may have taken.
3
(4) Provide immediate notification to the Director when the union or unions with which the Contractor has
a collective bargaining agreement has not referred to the Contractor a minority person or woman sent
by the Contractor, or when the Contractor has other information that the union referral process has
impeded the Contractor's efforts to meet its obligations.
(5) Develop on-the-job training opportunities and/or participate in training programs for the area which
expressly include minorities and women, including upgrading programs and apprenticeship needs,
especially those programs funded or approved by the Department of Labor. The Contractor shall
provide notice of these programs to the sources compiled under (G)(2) above.
(6) Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training
programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations;
by including it in any policy manual and collective bargaining agreement; by publicizing it in the
company newspaper, annual report, etc.; by specific review of the policy with all management
personnel and with all minority and female employees at lease once a year; and by posting the
company EEO policy on bulletin boards accessible to all employees at each location where
construction work is performed.
(7) Review, at least annually, the company's EEO policy and affirmative action obligations under these
specifications with all employees having any responsibility for hiring, assignment, layoff, termination
or other employment decisions including specific review of these items with onsite supervisory
personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work
at any job site. A written record shall be made and maintained identifying the time and place of these
meetings, persons attending, subject matter discussed, and disposition of the subject matter.
(8) Disseminate the contractor's EEO policy externally be including it any advertising in the news media,
specifically including minority and female news media, and providing written notification to and
discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the
Contractor does or anticipates doing business.
(9) Direct its recruitment efforts, both oral and written, to minority, female and community organizations,
to schools with minority and female students and to minority and female recruitment and training
organizations serving the Contractor's recruitment area and employment needs. Not later than one
month prior to the date for the acceptance of applications for apprenticeship or other training by any
recruitment source, the Contractor shall send written notification to organizations such as the above,
describing the openings, screening procedures, and tests to be used in the selection process.
(10)Encourage present minority and female employees to recruit other minority persons and women and,
where reasonable, provide after school, summer and vacation employment to minority and female
youths both on the site and in other areas of a Contractor's work force.
(11) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR
part 60-3.
(12) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for
promotional opportunities and encourage these employees to seek or to prepare for, through
appropriate training, etc., such opportunities.
(13) Ensure that seniority practices, job classifications, work assignments and other personnel practices, do
not have a discriminatory effect by continually monitoring all personnel and employment related
activities to ensure that the EEO policy and the Contractor's obligations under these specifications are
being carried out.
(14) Ensure that all facilities and company activities are non-segregated except that separate or single-user
toilet and necessary changing facilities shall be provided to assure privacy between the sexes.
(15)Document and maintain a record of all solicitations of offers for subcontracts from minority and
female construction contractors and suppliers, including circulation of solicitations to minority and
female contractor associations and other business associations.
(16)Conduct a review, at least annually, of all supervisors' adherence to and performance under the
Contractor's EEO policies and affIrmative action obligations.
(H) Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of
their affirmative action obligations [(G)(I) through (16)]. The efforts of a contractor association, joint
contractor-union, contractor-community, or other similar groups of which the contractor is a member and
participant, may be asserted as fulfilling anyone or more of its obligations as enumerated above provided
that the Contractor actively participates in the group, makes every effort to assure that the group has a
positive impact on the employment of minorities and women in the industry, ensures that the concrete
4
benefits of the program are reflected in the Contractor's minority and female workforce participation,
makes a good faith effort to meet its individual goals and timetables, and can provide access to
documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor.
(I) A single goal for minorities and a separate single goal for women have been established. The Contractor,
however, is required to provide equal employment opportunity and to take affirmative action for all
minority groups, both male and female, and all women, both minority and non-minority. Consequently, the
Contractor may be in violation of the Executive Order if a particular group is employed in a substantially
disparate manner (for example, even though the Contractor has achieved its goals for women generally, the
Contractor may be in violation of the Executive Order if a specific minority group of women is
underutilized).
(J) The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against
any person because of race, color, religion, sex, or national origin.
(K) The Contractor shall not enter into any subcontract with any person or firm debarred from Government
contracts pursuant to Executive Order 11246.
(L) The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the
Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as
may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing
regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry
out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as
amended.
(M) The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative
action steps, at least as extensive as those standards prescribed in paragraph (G) of these specifications, so
as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor
fails to comply with the requirements of the Executive Order, the implementing regulations, or these
specifications, the Director shall proceed in accordance with 41 CFR 60-4.8.
(N) The Contractor shall designate a responsible official to monitor all employment related activity to ensure
that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may
be required by the Government and to keep records. Records shall at least include for each employee the
name, address, telephone numbers, construction trade, union affiliation if any, employee identification
number assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or
laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations
at which the work was performed. Records shall be maintained in an easily understandable and retrievable
form; however, to the degree that existing records satisfy this requirement, contractors shall not be required
to maintain separate records.
(0) Nothing herein provided shall be constructed as a limitation upon the application of other laws which
establish different standards of compliance or upon the application of requirements for the hiring of local or
other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community
Development Block Grant Program).
4. Segregated Facilities
The Contractor or Subcontractor will not maintain any facility which is provided for their employees in a
segregated manner or permit their employees to perform their services at any location under their control where
segregated facilities are maintained except that separate or single user toilet and necessary changing facilities
shall be provided to assure privacy between the sexes.
C. Section 503 Handicapped - Affirmative Action for Handicapt>ed Workers
(Applicable to Federally assisted contracts and related subcontracts if $2,500 or over.)
1. The Contractor will not discriminate against any employee or applicant for employment because of physical or
mental handicap in regard to any position for which the employee or applicant for employment is qualified.
The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat
qualified handicapped individuals without discrimination based upon their physical or mental handicap in all
employment practices such as the following: employment, upgrading, demotion or transfer, recruitment,
advertising, layoff or termination, rates of payor other forms of compensation, and selection for training,
including apprenticeship.
2. The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor
issued pursuant to the Act.
5
3. In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance
may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued
pursuant to the Act.
4. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment,
notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices
shall state the Contractor's obligation under the law to take affirmative action to employ and advance in
employment qualified handicapped employees and applicants for employment, and the rights of applicants and
employees.
5. The Contractor shall notify each labor union or representative of workers with which it has a collective
bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Section 503
of the Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in
employment physically and mentally handicapped individuals.
6. The Contractor will include the provisions of this clause in every subcontract or purchase order of $ 2,500 or
more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act,
so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action
with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance
Programs may direct to enforce such provisions, including action for non-compliance.
D. Section 402 Veterans of the Vietnam Era
(Applicable to Federally assisted contracts and related subcontracts of$IO,OOO or over.)
1. Affirmative Action for Disabled for Disabled Veterans and Veterans of the Vietnam Era
(A) The Contractor will not discriminate against any employee or applicant for employment because he or she
is a disabled veteran or veteran of the Vietnam Era in regard to any position for which the employee or
applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance
in employment and otherwise treat qualified disabled veterans and veterans of the Vietnam Era without
discrimination based upon their disability or veteran status in all employment practices such as the
following: employment upgrading, demotion or transfer, recruitment, advertising, layoff or termination,
rates of payor other forms of compensation, and selection for training, including apprenticeship.
(B) The Contractor agrees that all suitable employment openings of the Contractor which exist at the time of
the execution of this contract and those which occur during the performance of this contract, including
those not generated by this contract and including those occurring at an establishment of the Contractor
other than the one wherein the contract is being performed but excluding those of independently operated
corporate affiliates, shall be listed at an appropriate local office of the State employment service system
wherein the opening occurs. The Contractor further agrees to provide such reports to such local office
regarding employment openings and hires as may be required. State and local government agencies
holding Federal contracts of $10,000 or more shall also list all their suitable openings with the appropriate
office of the State employment service, but are not required to provide those reports set forth in paragraphs
(D) and (E).
(C) Listing of employment openings with the employment service system pursuant to this clause shall be made
at least concurrently with the use of any other recruitment source or effort and shall involve the normal
obligations which attach to the placing of a bona fide job order, including the acceptance of referrals for
veterans and non-veterans. This listing of employment openings does not require the hiring of any
particular job applicant or from any particular group of job applicants, and nothing herein is intended to
relieve the Contractor from any requirements in Executive Orders or regulations regarding non-
discrimination in employment.
(D) The reports required by paragraph (B) of this clause shall include, but not be limited to, periodic reports
which shall be filed at lease quarterly with the appropriate local office or, where the Contractor has more
than on hiring location in a State, with the central office of the State employment service. Such reports
shall indicate for each hiring location (1) the number of individuals hired during the reporting period, (2)
the number of non-disabled veterans of the Vietnam era hired, (3) the number of disabled veterans of the
Vietnam era hired, and (4) the total number of disabled veterans hired. The reports should include covered
veterans hired for on-the-job training under 38 D.S.C. 1787. The Contractor shall submit a report within 30
days after the end of each reporting period wherein any performance is made on this contract identifying
data for each hiring location. The Contractor shall maintain at each hiring location copies of the reports
submitted until the expiration of one year after final payment under the contract, during which these reports
6
and related documentation shall be made available, upon request, for examination by any authorized
representatives of the contracting officer or of the Secretary of Labor. Documentation would include
personnel records respecting job openings, recruitment and placement.
(E) Whenever the Contractor becomes contractually bound to the listing provisions of this clause, it shall
advise the employment service system in each State where it has establishments of the name and location of
each hiring location in the State. As long as the Contractor is contractually bound to these provisions and
has so advised the State system, there is no need to advise the State system when it is no longer bound by
this contract clause.
(F) This clause does not apply to the listing of employment openings which occur and are filled outside the 50
states, the District of Columbia, Puerto Rico, Guam and the Virgin Islands.
(G) The provision of paragraphs (B), (C), (D), and (E) of this clause do not apply to openings which the
Contractor proposes to fill from within his own organization or to fill pursuant to a customary and
traditional employer-union hiring arrangement. This exclusion does not apply to a particular opening once
an employer decides to consider applicants outside of his own organization or employer-union arrangement
for that opening.
(H) As used in this clause:
(1) "All suitable employment openings" includes, but is not limited to openings which occur in the
following job categories: Production and non-production; plan and office; laborers and mechanics;
supervisory and non-supervisory; technical; and executive administrative, and professional openings
that are compensated on a salary basis of less than $ 25,000 per year. This term includes full time
employment, temporary employment of more than 3 days duration, and part-time employment. It does
not include openings which the contractor proposes to fill from within his own organization or to fill
pursuant to a customary and traditional employer-union hiring arrangement or openings in an
educational institution which are restricted to students of that institution. Under the most compelling
circumstances an employment opening may not be suitable for listing, including such situations where
the needs of the Government cannot reasonably be otherwise supplied, where listing would be contrary
to national security, or where the requirement of listing would otherwise not be in the best interest of
the Government.
(2) "Appropriate office of the State employment service system" means the local office of the Federal-
State national system of public employment offices with assigned responsibility for serving the areas
where the employment opening is to be filled, including the District of Columbia, Guam, Puerto Rico,
and the Virgin Islands.
(3) "Openings which the Contractor proposes to fill from within his own organization" means employment
openings for which no consideration will be given to persons outside the Contractor's organization
(including any affiliates, subsidiaries, and the parent companies) and includes any openings which the
Contractor proposes to fill from regularly established "recall" lists.
(4) "Openings which the Contractor proposes to fill pursuant to a customary and traditional emp10yer-
union hiring arrangement" means employment openings which the Contractor proposes to fill from
union halls, which is part of the customary and traditional hiring relationship which exists between the
Contractor and representatives of his employees.
(I) The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor
issued pursuant to the act.
(J) In the event of the Contractor's non-compliance with the requirements of this clause, actions for non-
compliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of
Labor issued pursuant to the act.
(K) The Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices in a form to be prescribed by the Director, provided by or through the contracting
officer. Such notice shall state the Contractor's obligation under the law to take affirmative action to
employ and advance in employment qualified disabled veterans and veterans of the Vietnam era, and the
rights of applicants and employees.
(L) The Contractor will notify each labor union or representative of workers with which it has a collective
bargaining agreement or other contract understanding, that the contractor is bound by the terms of the
Vietnam Era Veterans Readjustment Assistance Act, and is committed to take affirmative action to employ
and advance in employment qualified disabled veterans and veterans of the Vietnam Era.
(M) The Contractor will include the provisions of this clause in every subcontract or purchase order of $ 10,000
or more unless exempted by rules, regulation, or orders of the Secretary issued pursuant to the Act, so that
7
such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action
with respect to any subcontract or purchase order as the Director of the Office of Federal Contract
Compliance Programs may direct to enforce such provisions, including action for noncompliance.
E. Section 109 of the Housing and Community Development Act of 1974.
No person in the United States shall on the grounds of race, color, national origin, or sex be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in
whole or in part with funds made available under this title.
F. "Section 3" Compliance in the Provision of Training, Employment and Business Opportunities
1. The work to be performed under this contract is on a project assisted under a program providing direct Federal
financial assistance from the Department of Housing and Urban Development and is subject to the requirements
of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3
requires that to the greatest extent feasible opportunities for training and employment be given lower income
residents of the project area and contracts for work in connection with the project be awarded to business
concerns which are located in, or owned in substantial part by persons residing in the area of the project.
2. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant
thereto by the Secretary of Housing and Urban Development set forth in 24 CFR, Part 135 and all applicable
rules and orders of the Department issued there under prior to the execution of this contract. The parties to this
contract certify and agree that they are under no contractual or other disability which would prevent them from
complying with these requirements.
3. The Contractor will send to each labor organization or representative of workers with which he has a collective
bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization of
workers representative of his commitments under this Section 3 clause and shall post copies of the notice in
conspicuous places available to employees and applicants for employment or training.
4. The Contractor will include this Section 3 clause in every subcontract for work in connection with the project
and will, at the direction ofthe applicant for or recipient of Federal financial assistance, take appropriate action
pursuant to the subcontract upon a finding that the subcontractor is in a violation of regulations issued by the
Secretary of Housing and Urban Development, 24 CFR Part 135. The Contractor will not subcontract with any
subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under
24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a
preliminary statement of ability to comply with the requirements of these regulations.
5. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable
rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition
of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such
assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or
recipient, its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant
or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are
specified by 24 CFR Part 135.
II. CERTIFICATION OF COMPLIANCE WITH AIR AND WATER ACTS
(Applicable to Federally assisted construction contracts and related subcontracts exceeding $100,000)
A. During the performance of this contract, the Contractor and all subcontractors shall comply with the requirements of
the Clean Air Act, as amended, 42 USC 1251 et seq., and the regulations of the Environmental Protection Agency
with respect thereto, at 40 CFR Part 15, as amended.
B. In addition to the foregoing requirements, all non-exempt contractors and subcontractors shall furnish to the owner,
the following:
1. A stipulation by the Contractor or subcontractors, that any facility to be utilized in the performance of any non-
exempt contract or subcontract, is not listed on the list of Violating Facilities issued by the Environmental
Protection Agency (EP A) pursuant to 40 CFR 15.20.
2. Agreement by the Contractor to comply with all the requirements of Section 114 of the Clean Air Act, as
amended (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC
1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements
specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder.
8
3. A stipulation that as a condition for the award of the contract, prompt notice will be given of any notification
received from the Director, Office of Federal Activities, EP A, indicating that a facility utilized, or to be utilized
for the contract, is under consideration to be listed on the EP A List of Violating Facilities.
4. Agreement by the Contractor that he will include, or cause to be included, the criteria and requirements in
paragraph (1) through (4) of this section in every non-exempt subcontract and requiring that the Contractor will
take such action as the Government may direct as a means of enforcing such provisions.
III. CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
The undersigned certifies to the best of his or her knowledge and belief, that:
A. No Federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer
or employee of Congress in connection with the awarding of any Federal Contract, the making of any Federal grant,
the making of any Federa110an, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
B. If any funds other than Federally appropriated funds have been paid or will be paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form
to Report Lobbying," in accordance with its instructions.
C. The undersigned shall require that the language of this certification be included in the award documents for all sub-
awards at all tiers (including subcontract, sub-grant, and contracts under grants, loans, and cooperative agreements)
and that all sub-recipients shall certify and disclose accordingly.
D. This certification is a material representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is a pre-requisite for making or entering into this transaction
imposed by Section 1332, Title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
9
AttachmentB- WAGE DETERMINATION (MN 10006810/14/2011)
10
Page 1 of7
General Decision Number: MN100068 10/14/2011 MN68
State: Minnesota
Superseded General Decision Number: MN20080068
Construction Type: Building
County: Dakota County in Minnesota.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes or apartments up to and including 4 stories).
Modification Number
o
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
ASBE0034-009 06/01/2011
Publication Date
03/12/2010
06/04/2010
08/06/2010
09/03/2010
09/24/2010
10/01/2010
12/03/2010
01/21/2011
02/04/20lJ..
03/04/2011
05/13/2011
06/03/2011
06/10/2011
06/17/2011
06/24/2011
07/01/2011
07/08/2011
07/22/2011
08/12/2011
08/26/2011
10/14/2011
Rates
Fringes
ASBESTOS WORKER/HEAT & FROST
INSULATOR (Includes
application of all insulating
materials, protective
coverings, coatings &
finishes to all types of
mechanical systems)..............$ 41.07
BOIL0647-007 07/01/2009
----------------------------------------------------------------
18.39
Rates
Fringes
BRMNOOOI-049 05/01/2011
BOILERMAKER. . . . . . . . . . . . . . . . . . . . . . $ 33.84
18.53
--------------~-------------------------------------------------
TILE SETTER......................$ 28.89 17.09
Rates Fringes
~: 'il!~""" r"fil'l:iIlI~..,,;m_""__~.....__~">..~.,..~..___
http://www.wdo1.gov/wdol/scafiles/davisbaconlMN68.dvb 10/20/2011
Page 2 of7
----------------------------------------------------------------
BRMN0008-013 05/01/2010
Rates
Fringes
BRICKLAYER. . . . . . . . . . . . . . . . . . . . . . . $ 33. 30
------------------------------.---------------------------------
14.74
CARP0087-015 05/01/2009
Rates
Fringes
CARPENTER (Including
Acoustical Installation,
Drywall Hanging & Form Work}.....$ 31.79
----------------------------------------------------------------
16.10
CARP0190-010 06/01/2009
Rates
Fringes
LATHER. . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33.04
----------------------------------------------------------------
14.87
ELECOI10-013 03/01/2009
Rates
Fringes
ELECTRICIAN (Low Voltage,
including wiring for Alarms)
Installer...................$ 21.68
Technician (Installation
of Controller)............. . $ 30.98
10.48+a,b
12.18+a,b
FOOTNOTES:
a. 1 year service - 5 days paid vacation; 2 years service _
10 days paid vacation; 5 years service - 12 days paid
vacation; 7 years service - 14 days paid vacation; 9 years
service - 16 days paid vacation; 11 years service - 18 days
paid vacation; 12 years service - 20 days paid vacation
b. 8 Paid HOlidays: New Year's Day; Memorial Day; 4th of
July; Labor Day; Thanksgiving Day; Day after Thanksgiving;
the normal work day preceding Christmas Day; & Christmas Day
----------------------------------------------------------------
ELECOIIO-014 05/01/2010
Rates
Fringes
ELECTRICIAN.............. ...... ..$ 35.55
20.37
---------------------------------------------------------------.
ELEV0009-002 01/01/2011
Rates
Fringes
ELEVATOR MECHANIC.............. ..$ 42.06
21.785
FOOTNOTE:
PAID VACATION: Employer contributes 8% of regular hourly
rate as vacation pay credit for employees with more than 5
years of service, and 6t for 6 months to 5 years of service.
PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day,
http://www.wdol.gov/wdol/scafiles/davisbacon/MN68.dvb
10/20/20 II
~UGJJ.;l~ ,-"~~.;.f"~~_~~'
Page 3 of7
Labor Day, Veterans Day, Thanksgiving Day, Friday after
Thanksgiving, and Christmas Day.
----------------------------------------------------------------
ENGI0049-042 05/01/2011
Rates
Fringes
OPERATOR:
GROUP
GROUP
GROUP
GROUP
GROUP
GROUP
GROUP
GROUP
Power Equipment
1.................... .$
2.................... .$
3.. '" ..... . . . . . .. .. . . $
4....... . '" .. . . . '" ..$
5. . . . . . . . . . . . . . . . . . . . .$
6.................... .$
7.................... .$
8....... '" ..... . . . . . . $
34.64
34.30
32.89
32.55
32.38
30.87
29.75
27.74
15.85
15.85
15.85
15.85
15.85
15.85
15.85
15.85
POWER EQUIPMENT OPERATOR CLASSIFICATIONS
GROUP 1: Truck & Crawler Crane with 200' of Boom & Over,
including Jib ($.50 premium with 300' of Boom & over,
including jib); & Tower Crane 250' & Over.
GROUP 2: Truck & Crawler Crane with 150' of Boom, up to but
not including 200' of Boom, inclUding Jib; & Tower Crane
200' & Over.
GROUP 3: Traveling Tower Crane; Truck & Crawler Crane, up to
but not inClUding 150' of Boom, including Jibj Tower Crane
(Stationary) up to 200'; All-Terrain Vehicle Crane, Boom
Truck over 100 ft, Dragline.
GROUP 4: Backhoe/Track/Trackhoe, Hoist (3 drums or more)j
Overhead Crane (inside building perimeter), Excavator.
GROUP 5: Asphalt Spreader, Bulldozer, Curb Machine, Drill,
Forklift, Compressor 450 CFM or over (2 or more machines)j
Boom Truck up to 100 ft, Loader over 1 cu yd, Hoist (lor
2 drums)j Mechanic, Milling Machine, Roller, Scraper,
Tractor over D2.
GROUP 6: Bobcat/Skid Loader, Loader up to 1 cu. yd., Tractor
D2 or similar size.
GROUP 7: Compressor 600 CFM or over, Crane Oiler, Self
Propelled Vibrating Packer.
GROUP 8:
Oiler, Greaser (Tractor/Truck).
----------------------------------------------------------------
IRON0512-002 05/01/2011
Rates
Fringes
IRONWORKER, REINFORCING,
ORNAMENTAL AND STRUCTURAL. .......$ 34.05
20.37
* LAB00132-006 03/04/2011
----------------------------------------------------------------
Rates Fringes
http://www.wdol.gov/wdol/scafiles/davisbaconIMN68.dvb 10/20/2011
~.l~l1!lJi1i!w"af~tJ~~",,,"_,,,,,........,~~,,,,,,
II
Page 4 of7
LABORER (ASBESTOS ABATEMENT)
Removal from Floors, Walls
& Ceilings..................$ 29.43
12.75
* LAB00132-023 05/01/2011
----------------------------------------------------------------
Rates
Fringes
LABORER
Group 1..................... $ 30. 06
Group 2.. . . . . . . . . . . . . . . . . . . . $ 30. 56
13.33
13.33
LABORERS CLASSIFICATIONS
GROUP 1 - Common or General Laborer, Asphalt Raker, Asphalt
Shoveler, Carpenter Tender, Concrete Saw, Form Stripping,
Mason Tender (Brick, Cement/Concrete), Plaster Tender,
Scaffold Builder (Brick and Masonry), Top Person, Vibrating
Plate
GROUP 2 - Pipelayer, Bottom Person
----------------------------------------------------------------
PAIN0061-007 05/01/2011
Rates
Fringes
Drywall
Finisher/Taper..............$ 32.39
Sander. ...... ... '" ... ......$ 24.29
PAINTER
Brush, Roller. ...... ..... ...$ 30.89
Spray. . . . . . . . . . . . . . . . . . . . . . .:;; 31.64
17.45
17.45
----------------------------------------------------------------
17.76
17.76
PAIN1324-006 05/31/2010
Rates
Fringes
GLAZIER. . " . . . . . . . . . . . . . . . . . . . . . . $ 35.75
* PLAS0265-005 06/01/2011
----------------------------------------------------------------
12.85
Rates
Fringes
PLASTERER. . . . . . . . . . . . . . . . . . . . . . . . $ 28.94
-----------------------------------~---------------------------.
19.58
PLAS0633-054 05/01/2011
Rates
Fringes
CEMENT MASON/CONCRETE FINISHER...$ 31.14
-------------------~--------------------------------------------
16.60
PLUM0034-011 05/01/2011
Rates
Fringes
PLUMBER (Excluding HVAC Pipe
Installation) . . . . . . . . . . . . . . . . . . . . $ 38.99
20.81
FOOTNOTE:
Paid Holiday: Labor Day
http://www. wdol.gov/wdol/scafiles/davisbaconlMN 68.dvb
10/20/2011
,Illl. .11Il1nmll.. U U .lW\:' snmmr ~ltt!
III
Page 5of7
----------------------------------------------------------------
PLUM0417-003 06/01/2011
Rates
Fringes
SPRINKLER FITTER (Fire)..........$ 39.89
20.64
FOOTNOTE:
Paid Holidays: Memorial Day; July 4th; Friday before Labor
Day; Labor Day; Columbus Day; & Thanksgiving Day
----------------------------------------------------------------
PLUM0455-012 05/01/2011
Rates
Fringes
PIPEFITTER. . . . . . . . . . . . . . . . . . . . . . . $ 38.95
----------------------------------------------------------------
23.09
ROOF0096-022 05/01/2011
Rates
Fringes
ROOFER. . . . . . . . . . . . . . . . . . . . . . . . . . . $ 34.14
14.60
FOOTNOTE: Paid Holiday - Labor Day
----------------------------------------------------------------
SHEE0010-052 05/01/2009
Rates
Fringes
SHEET METAL WORKER (Including
HVAC Duct and System
Installation) . . . . . . . . . . . . . . . . . . . . $ 38.46
18.34
FOOTNOTE: Paid HOliday: Labor Day
----------------------------------------------------------------
SUMN2009-043 07/27/2009
Rates
Fringes
INSTALLER - SIGN....... ..........$ 20.32
5.05
LABORER: Landscape..............$ 12.88
----------------------------------------------------------------
4.61
TEAM0346-005 05/01/2008
Rates
Fringes
TRUCK DRIVER
2-Axle Dump Truck...........$ 24.80
3-Axle Dump Truck...........$ 25.05
9.70
9.70
TRUCK DRIVER CLASSIFICATIONS
GROUP 1: Boom Truck
GROUP 2: Ready Mix, Tractor Trailor
GROUP 3: Fork Lift, Mechanic, Tandem or 3 axle truck
http://www. wdol.gov/wdol/scafi lesJdavisbaconlMN68.dvb
10/2012011
GROUP 4: Dumpman, Farm Tractor, Single or 2 axle Truck
_Ii 1ii~1li. ll1l~tm _~_,__._~_._".. "
----------------------------------------------------------------
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 (29 CFR S.S(a) (1) (ii)).
----------------------------------------------------------------
In the listing above, the "SU" designation means that rates
listed under the
identifier do not reflect collectively bargained wage and
fringe benefit
rates. Other designations indicate unions whose rates have
been determined
to be prevailing.
----------------------------------------------------------------
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
http://www. wdol.gov/wdol/scafiles/davisbaconlMN68.dvb
mID1wl_iJli[!i!UU'~lli1illlI l~--------::M!l~~Q~fjj_,__,.,,~~~,
1
Page 6 of7
1 0/2012011
Page 70f7
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
http://www. wdol.gov/wdol/scafiles/davisbaconlMN68.dvb
10/20/2011
rmm! '1 O~.il.J,m~.~~.l:~~:;'__~_""H.~"__"
Attachment C - FEDERAL LABOR STANDARD PROVISIONS
11
Federal Labor Standards Provisions
Applicability
The Project or Program to which the construction work
covered by this contract pertains is being assisted by the
United States of America and the following Federal Labor
Standards Provisions are Included in this Contract
pursuant to the provisions applicable to such Federal
assistance.
A. 1. (I) Minimum Wages. All laborers and mechanics
employed or working upon the site of the work. will be paid
unconditionally and not less often than once a week. and
without subsequent deduction or rebate on any account
{except such payroll deductions as are permitted by
regulallons 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 determinallon 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 benefils
under Section l{b){2) of the Davis-Bacon Act on behalf of
laborers or mechanics are considered wages paid to such
laborers or mechanics, subject to the provisions of 29 CFR
5.5{a){1 )(Iv); also, regular contrlbullons made or costs
incurred for more than a weekly period (but not less often
than quarterly) under plans, funds, or programs, which
cover the particular weekly period, are deemed to be
constructively made or Incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination
for the classification of work actually performed, without
regard to skill, except as provided In 29 CFR 5.5{a)(4).
Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for
each classification for the time actually worked therein:
Provided, That the employer's payroll records accurately
set forth the lime spent In each classification in which
work Is performed. The wage determlnallon {including any
additional classlflcallon and wage rates conformed under
29 CFR 5.5(a){1 )(ii) and the Davis-Bacon poster (WH-
1321) shall be posted at all limes by the contractor and its
subcontractors at the site of the work In a prominent and
accessible, place where it can be easily seen by the
workers.
(Ii) (a) Any class of laborers or mechanics which is not
listed In the wage determination and which is to be
employed under the contract shall be classified in
conformance with the wage determlnallon. HUD shall
approve an additional classification and wage rate and
fringe benefits therefor only when the following criteria
have been met:
Previous editions are obsolete
U.S. Department of Housing
and Urban Development
Office of labor Relations
(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
construcllon 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.)
(e) 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 Hub 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)(il)(b) or (c) of this paragraph. shall be paid to all
workers performing work In the classification under this
contract from the first day on which work is performed in
the classification.
(III) Whenever the minimum wage rate prescribed In the
contract for a class of laborers or mechanics Includes a
fringe benefit which Is not expressed as an hourly rate. the
contractor shall either pay the benefit as stated In the
wage determination or shall pay another bona fide fringe
benefit or an hourly cash equivalent thereof.
(Iv) If the contractor does not make payments to a trustee
or other third person, the contractor may consider as part
Page 1 of 5
form HUD-4010 (06I2009)
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 acllon 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 relallng 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 contribullons or costs anticipated for bona fide fringe
benefits or cash equivalents thereof of the types described
In Section l(b){2){B) of the Davis-bacon Act), daily and
weekly number of hours worked, deductions made and
actual wages paid. Whenever the Secretary of Labor has
found under 29 CFR 5.5 (a){1 )(iv) that the wages of any
laborer or mechanic include the amount of any costs
reasonably anticipated In providing benefits under a plan
or program described In Section l{b)(2){B) of the Davis-
Bacon Act, the contractor shall maintain records which
show that the commitment to provide such benefits Is
enforceable, that the plan or program Is financially
responsible. and that the plan or program has been
Previous editions are obsolete
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 apprenllces and
trainees, and the ratios and wage rates prescribed in the
applicable programs. (Approved by the Office of
Management and Budget under OMB Control Numbers
1215-0140 and 1215-0017.)
(II) (a) The contractor shall submit weekly for each week
in which any contract work is performed a copy of all
payrolls to HUD or its designee If the agency Is a party to
the contract. but If the agency is not such a party, the
contractor will submit the payrolls to the applicant
sponsor. or owner, as the case may be, for transmission to
HUD or Its designee. The payrolls submitted shall set out
accurately and completely all of the information required
to be maintained under 29 CFR 5.5(a){3){i) except that full
social security numbers and home addresses shall not be
included on weekly transmittals. Instead the payrolls shall
only need to include an individually identifying number for
each employee (e.g., the last four digits of the employee's
social security num ber). 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.do/.aov/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){il), the appropriate information is being maintained
under 29 CFR 5.5{a){3){i), and that such information is
correct and complete;
Page 2 of 5
form HUD-4010 (0612009)
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 deducllons as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less
than the applicable wage rates and fringe benefits or cash
equivalents for the classification of work performed. as
specified in the applicable wage determination
incorporated into the contract.
(c) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form
WH-347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by subparagraph
A.3.(ii){b).
(d) The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal
prosecution under Section 1001 of Title 18 and Section
231 of Title 31 of the United States Code.
(III) The contractor or subcontractor shall make the
records required under subparagraph A.3.(I) available for
inspection, copying, or transcription by authorized
representatives of HUD or its designee or the Department
of Labor, and shall permit such representatives to
interview employees during working hours on the job. If
the contractor or subcontractor fails to submit the required
records or to make them available, HUD or its designee
may, after written notice to the contractor, sponsor,
applicant or owner, take such action as may be necessary
to cause the suspension of any further payment, advance,
or guarantee of funds. Furthermore, failure to submit the
required records upon request or to make such records
available may be grounds for debarment action pursuant to
29 CFR 5.12.
4. Apprentices and Trainees.
(I) Apprentices. Apprentices will be permitted to work at
less than the predetermined rate for the work they
performed when they are employed pursuant to and
individually registered in a bona fide apprenticeship
program registered with the U.S. Department of Labor,
Employment and Training Administrallon, Ottlce 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 cerllfied 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 apprenllce. 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
Previous editions are obsolete
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 apprenllce
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
apprenllces at less than the applicable predetermined rate
for the work performed until an acceptable program is
approved.
(II) Trainees. Except as provided in 29 CFR 5.16,
trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are
employed pursuant . ,to and individually registered in a
program which has received prior approval, evidenced by
formal cerllflcatlon 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 acc'ordance 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
Page 3 of 5
form HUD-4010 (06I2009)
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 les.s than
the applicable predetermined rate for the work performed
until an acceptable program is approved.
(III) Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under 29 CFR Part 5
shall be in conformity with the equal employment
opportunity requirements of Executive Order 11246, as
amended, and 29 CFR Part 30.
S. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR
Part 3 which are incorporated by reference in this contract
6. Subcontracts. The contractor or subcontractor will
insert in any subcontracts the clauses contained in
subparagraphs 1 through 11 in this paragraph A and such
other clauses as HUD or its designee may by appropriate
instructions require. and a copy of the applicable
prevailing wage decision, and also a clause requiring the
subcontractors to Include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible
for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses In this
paragraph.
7. Contract termination; debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for
termination of the contract and for debarment as a
contractor and a subcontractor as provided in 29 CFR
5.12.
8. Compliance with Davis-Bacon and Related Act Requirements.
All rulings and interpretations of the Davis-Bacon and
Related Acts contained In 29 CFR Parts 1, 3, and 5 are
herein incorporated by reference In this contract
9. Disputes concerning labor standards. Disputes
arising out of the labor standards provisions of this
contract shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in
accordance with the procedures of the Department of
Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes
within the meaning of this clause Include disputes between
the contractor (or any of Its subcontractors) and HUD or
its designee, the U.S. Department of labor, or the
employees or their representatives.
10. (I) Certification of Eligibility. By entering Into this
contract the contractor certifies that neither it (nor he or
she) nor any person or firm who has an Interest in the
contractor's firm is a person or firm ineligible to be
awarded Government contracts by virtue of Section 3{a) of
the Davis-Bacon Act or 29 CFR 5.12(a){1) or to be
Previous editions are obsolete
awarded HUD contracts or participate in HUD programs
pursuant to 24 CFR Part 24.
(II) No part of this contract shall be subcontracted to any
person or firm ineligible for award of a Government
contract by virtue of Section 3{a) of the Davis-Bacon Act
or 29 CFR 5.12{a){1) or to be awarded HUD contracts or
parllcipate 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 flied 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) Vlolatlonj 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.
Page 4 of 5
form HUD-4010 (06l2009)
ref. Handbook 1344.1
(3) Withholding for unpaid wages and liquidated
damages. HUD or its designee shall upon its ownaclion
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 lier subcontracts. The prime
contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses
set forth in subparagraphs (1) through (4) of this
paragraph.
C. Health and Safety. The provisions of this paragraph Care
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.
Page 5 of 5
form HUD-4010 (06I2009)
ref. Handbook 1344.1
Previous editions are obsolete
Revised IOnl99
STANDARD ASSURANCES
1. NON-DlSCRIMINA TlON. During the performance of this Contract, the Contractor shall not unlawfully discriminate
against any employee or applicant for employment because of race, color, creed, religion, sex, national origin, disability, sexual orientation, age,
marital status or public assistance status. The Contractor will take affirmative action to ensure that applicants are employed and that employees
are treated during employment without unlawful discrimination because of their race, color, creed, religion, sex, national origin, disability, sexual
orientation, age, marital status or public assistance status. Such action shall include, but not be limited to the following: employment, upgrading,
demotion. or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for
training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment,
notices which set forth the provisions ofthis nondiscrimination clause.
The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified
applicants will receive consideration for employment without regard to race, creed, color, religion, sex, national origin, disability, sexual
orientation, age, marital status, or public assistance status.
No funds received under this Contract shall be used to provide religious or sectarian training or services.
The Contractor shall comply with any applicable federal or state law regarding non-discrimination. The following list includes, but is not
meant to limit, laws which may be applicable:
A. The Eaual Emolovment Opportunity Act of 1972. as amended. 42 V.S.C. * 2000e ~ s;.g. which prohibits discrimination in
employment because of race, color, religion, sex or national origin.
B. Executive Order 11246. as amended, which is incorporated herein by reference, and prohibits discrimination by V.S. Government
contractors and subcontractors because of race, color, religion, sex or national origin.
C. The Rehabilitation Act of 1973. as amended, 29 V.S.C. * 701 ~ s;.g. and 45 C.F.R. 84.3 (1) and (K) implementing Sec. 504 of the
Act which prohibits discrimination against qualified handicapped persons in the access to or participation in federally-funded services or
employment.
D. The Age Discrimination in Emoloyment Act of 1967, 29 V.S.C. * 621 ~ s;.g. as amended, and Minn. Stat. * 181.81, which generally
prohibit discrimination because of age.
E. The EQual Pay Act of 1963. as amended, * 29 V.S.C. * 206, which provides that an employer may not discriminate on the basis of
sex by paying employees of different sexes differently for the same work.
F. Minn. Stat. Ch. 363. as amended, which generally prohibits discrimination because of race, color, creed, religion, national origin, sex,
marital status, status with regard to public assistance, disability, sexual orientation or age.
G. Minn. Stat. & 181.59 which prohibits discrimination against any person by reason of race, creed, or color in any state or political
subdivision contract for materials, supplies or construction. Violation of this section is a misdemeanor and any second or subsequent violation of
these terms may be cause for forfeiture of all sums due under the Contract.
H. Americans with Disabilities Act of 1990, 42 V.S.c. ** 12JOlthrough 12213,47 V.S.C. ** 225, 611, with regulations at 29 C.F.R.
* 1630, which prohibits discrimination against qualified individuals on the basis ofa disability in term, condition or privilege ofemploymenl.
2. DATA PRIVACY. For purposes of this Contract all data created, collected, received, stored, used, maintained, or disseminated by
Contractor in the performance of this Contract is subject to the requirements of the Minnesota Government Data Practices Act, Minn. Stat.
Chapter 13 and the Minnesota Rules implementing the Act now in force or hereafter adopted as well as the Federal laws on data privacy, and
Contractor must comply with those requirements as if it were a governmental entity. The remedies in section 13.08 apply to the Contractor.
Contractor does not have a duty to provide access to public data to the public if the public data arc available from the governmental agency
(CDA), except as required by the terms of this Contract. All subcontracts shall contain the same or similar data practices compliance
requirements.
3. RECORDS DlSCLOSUREIRETENTION. Contractor's bonds. records, documents, papers, accounting procedures and practices,
and other evidences relevant to this Contract are subject to the examination, duplication, transcription and audit by the CDA and either the
Legislative or State Auditor, pursuant to Minn. Stat. * 16C.05. subd. 5. Such evidences are also subject to review by the Comptroller General of
the United States, or a duly authorized representative, if federal funds are used for any work under this Contract. The Contractor agrees to
maintain such evidences for a period of six (6) years from the date serviccs or payment were last provided or made or longer if any audit in
progress requires a longer retention period.
4. WORKER HEALTH, SAFETY AND TRAINING. Contractor shall be solely responsible for the health and safety of its
employees in connection with the work performed under this Contract. Contractor shall make arrangements to ensure the health and safety of all
subcontractors and other persons who may perform work in connection with this Contract. Contractor shall ensure all personnel of Contractor
and subcontractors are properly trained and supervised and, when applicable, duly liccnsed or certified appropriate to the tasks engaged in under
this Contract. Each Contractor shall comply with federal, state and local occupational safety and health standards, regulations and rules
promulgated pursuant to the Occupational Health and Safety Act which arc applicable to the work to be performed by Contractor.