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U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT MODEL CITIES ADMIN.ISTRATION LABOR STANDARDS PROVISIONS 1. OPPORTUNITIES FOR RESIDENTS In all work made possible or resulting from this Contract, affir~ative action .will be taken to ensure that residents of the model neighborhood area are given maxi~u.w oppcrtunity for training and e~ploynent and that business concerns loc ated in or o.med in substantial part by residents of the model neighborhood are to the greatest extent feasible, awarded contracts. 2. ,, EQUAL OPPO:\TUNITY A. During the performance of this Contract, the Contractor agrees as follows: (1) The Contractor will not discriminate against any e~ployee or applicant for e::iployment because of race, color, religion, sex, or national origin. The Contract will take.affirr:a.tive action to ensure.that applicants ar.e emplOY\=9-, _..§.ni that em:)loyees are treated during er:rployw.ent ·.-:i th out regard to their race, color, religion~ sex, or national origin. S"t1.ch act::.on shall include, tut not be limited to the following: ::::::-ployment., u~gradir'-5; demotion, or transfer; recruitment or recruitr:ient advertising; layoff or termination ; rates of pay or other forms of compensation; and selection for training, incluii~g apprenticeship. The Contractor agrees to post in conspicuous pl aces, available to employees and applicants for e1ploy:::i.ent, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertiser:1ents for employees placed by or on behalf of the Contractor, state that all qualified applicants ·will receive consideration for employment ·,;ithout regard to race, color, religion, sex or national origin. (3) The Contractor will send to each labor union or repres entative of workers with ~,·h::.ch he has a collective barg aining agreement or ether contract or understand ing, a notice to be provided advising the said labor union or workers' r epresentatives of the Contractor 's commitments under this section, and shall pos t copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will comply with all provisions of Executive Order 11246 of Septer:iber 24, 1965, and of the rules, regulations, and relevant orders of the .Secretary of Labor. (5) The Contr actor will furnish all information and reports required by Executive Order 11246 of Septe~ber 24, 1965, and by rules, regulations, and orders of the Secrela~ of Labor, or pursuant thereto, and wi ll permit access HUD-7051 12-691 �J 2 to his books, records, and accounts by HUD and the Secretary of Lab or for purposes of i nvest i gation to ascertain complianc e with such rul es, regulations, and orders. " ,, •. (6) In the event of the Contractor's noncomplianc e with the nondiscrimination c lauses of this Contract or with any of th e said rul es, re;i.;.lations, or orders, this Contract may be canc-2 l ed, ter:::.:..nat-2d., e r su2;e:1d.:::d in whole or in part and the Contractor may b e declared in eligible fer further Government contract s or federally assisted constr i.;.ction con~racts in accordanc e wi th procedures authorized in Execut.ive Order. 112h6 cf Septe:::.ber 24, 1965, and such other sanctions may be imposed a:1d. rerr.eiies invo;.:-2d. as provided in Executive Order 11246 of Septereber 24, 1965, or by rule, re;ula tion or order of the Secretary of Labor, or as other.-:i s e provided by la·,.;. (7) The Contractor will include the portion of the sentence i:::...":.e:::.::.ate2J preceding paragraph (1) and the provisions of :paragr a;:r.s (l) tr.:::·c1.,;.;r1 , 7) abc-·1e and paragraph B below in every subcontract or ~U2·chase orier "L.:..:-.l es.s e:-:e:::.:;:,tei by rules, regulations, or orders of the Secret2.ry of I.abor iss ued :;,~s·.:.2.m; to section 204 of Executive Order 11246 of Sept:::~ber 24, ~965, so that 2~:~ provisions will be binding upon each subcontractor or vend.or. 'The :0r.tractor will take such action with respec t to any subcontract or purchase order as ~t.J1) may direct as a means of enforcing such provisions ~ ir.cli.;.ding sanctic~s for noncompliance: Provided, hmiever, That in the event a 1:cr:trac t or bec o:::.es in:volved in, or is t hreatened wit.h, litigation ,.,,ith a s·.:.·c: :::!:.tractor Q::C ·:e:rsdcr as a result of such dir ecti on by HUD, the Ccnt:racior ':'..ay request fr.e :_:r:it ei States to enter into such litigation to protect the i ntere sts of the United States. B. Non-S egregated Fac ilities. The Contractor certi~ies that he does not maintain or provide for his employees any segregated facilities at a~y of his establishments, and that he does not permit his e:::.ployees to per:::~o:c:-:1 :.h eir services at any location , under his control, ,-rt:ere segrege:ted facilities e.re maintained. The Contractor covenants that he ·.-rill not r.2. :'..ntai!'l or :p~·,:;•r:'..:ie !~or his employe e s · any segregated facilities at any cf his establish..~ents, E..::.:i t~at he will not permit his employees to perform their service:: e.t any l ·:::cat:'..c!:, under his control, where segregated facilities are ~aintair.ed. As used in :.his paragraph the term "segregated facilities" r.:eans any ~-;aiting rcor:.s , ·.wr~: a2.·eas, restrooms and washrooms , restaurants and other eat ing areas! ti:::.ecl :)c::s, ~-::icker rooms and other s torage or dre ss ing areas, }:arl<:ing lots , :iri:i.'-<:.ing fc:'.:.lltains, recreation or ent ertainme nt areas, transportation , ani housi!:.g fe.c:'..lities pro vided for employees which are segregated by e~licit dire:ti·re or are ir: fac:. segregat ed on the basis of race , creed, color , or nation2.l or igin , o::::a~se of habit, loc al custom, or otherwise. 3. SPECIAL USE OF TERM Notwith standing Section 100 of the Grant Agreement ar.d Sect i on l C'J of the · Supplementary General Conditi ons, the term "Contractcr 2.e.~.,r inc l ude e.n ::~c::re.ti:1,::; Agency' as de fined i n the Grant Agreement and an "Age!'lc~/' as :iefined i n t.r,e Supplementary General Conditions . HUD-7051 (2-69> l �3 4. ,, DAVIS - BACON ACT (1) Minimwn wag es . (i) All ~echanics and l ab orers employed or wor-:::. : .. upon the site of the work will be paid unconditionally and net less ofter, ·: . onc e a week, and without subsequE:nt de-: ::uction or rebate on any account ( -..- :-: such payroll deductions as are permittE:d by regulations issued by the Se :::-. · of Labor under the Cope land Act ( 29 C?::. ?art 3)), t he rull a.--::.ounts due -::. : ·__ of payment computed at wage rates not less than those contai:ied in the ·.-:s.:_: . d et ermination decision of the Secretary of Labor which is attached heret ::; ,.. made a part hereof, regardless of any contractual relationship ·,,;hich may c -. alleged to exist between the Contractor and such laborers ani r::.echanics; ::..:·. the wage determination decision shall be posted by the Contra::tor at the .3 -~ ·_ of t he wor k in a prominent place where it can b e easily seen by the '.-,or~:e::· : . For t he purpose of this clause, contrib:.r;:,icns m:::.de or costs reasonably ~,.:-.-: pat ed under section l(b) (2) of the Davis - :::2.::on Act on behal:f cf lab :i re2· 2 mechanics are considered wg,ges paid to. su.::h laborers or !:lechanics, subje -:.-: · t he pr ovisions of 29 CFR 5.5(a)(l)(iv) . _.:._~so·for the pur:;:;oses o:~ this:::..,,_·_. r egular contributions made or costs inc·~·red. for more than a ·.-ree::ly per:. ::: ..:. plans, funds, or prograins, but coveriri:: the particular wee::dy period, a::.·e : :. to be c onstr uctivel y made or i ncurred, :iuri:r-€ su ch weekly period .- - ·( 111· - The Contractlng-UITrc2r snal~ requ1re that any crass of laborer E mech anics which i s not listed i n the wsge determination ar.i ·.-:hich i s to ·c :=; empl oyed under the Contract, st.all be classified or re:::lassified confor::,,.::: :_· to t he wage determination, and a report cf the action taken s:iall be se::-;:, .:· the Federal agency to the Secretary of Labor. In the event the inte:cest -::·~ parties cannot agree on the proper c]..assi :~::..cation or rec l assification 02:' ·: . p articular class of laborers and r:1e:::hanic s to be used, the question accc::~: ·,____ by t he recommendation of the Sontracting Off:.cer shall be referred to ti",e Se cr etary for final determination . (ii i ) The Contracting Officer shall require, whenever the :ninimum ,-,?_..;:: p r escribed in the Contract for a class of laborers or mechan::..cs include.s ·: b enefit which is not expressed as a.-r-i hourly ~-.-"';::e rate and tn e Contractc::- :_ obligated to pay a cash equivalent of s :_;_:::h:::. friD;se benefit, an hourly : =--- -equival ent thereof to be established. In the event the interested part::. -::~ agree upon a cash equival ent of the frir:se benefit , the question, accom:;_: :-.:·__ t h e recommendation of the Contractin6 O:ffi.::er , shall be refe~:red to the S·= : of Labor for determination . ( iv ) If the Contractor does not ::.a'.-{.e :;:;ay::ients to a trustee or othe~: person, he may c onsider as part of the -,,-~:::s of any laborer c:c r:.echc.n::..c ~ ~ ­ amount of any costs reasonab l y antic::..:;::::.te:i ::..n :providing bene:~::.. ts under :.:. .· or program of a type expr e ssly listed. ::..r. t h e Hage deterr:ir.at::..:Jn decis::.. c :: the Secretary of Labor whic h is a pa:i:t cf t:iis Contract : ?rc,;::. ,:: ei . :: : :. ·.::-·· · . the Secretary of Labor- has found, u:por: the ·,,Ti tten request o:~ tl:e ..=-ont.r- : -. . · t hat the applicable standards of the Davis - 3acon Act havc:: been !:let . ?he Secr etary of Labor may r e quire the Co:-it-:ca::: tcr to set aside ::..n a separat -:: account assets for the mee ting of obli,;ations under the pl~ or progra:::. HU D-7 05 1 (2 - 69 1 �4 (2) Withholding . HUD may withhold or cause to be withheld from the Contractor so ~uch of the accrued payments or advances as may be considered necessary to pay laborers and mechanics employed by the Contractor or any subcontractor on the work the 1ull amoW1t of wages required by the Contrac t. In the event of failure to pay any labor er or mechanic employed or working on the site of the work, HUD may, after written notice to . the Contractor, take such action as may be necessary to cause the suspension of .any further payment, advance, or guarantee of fW1ds until such violations have ceased. ,. ' (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto will be ::uaintained during the course of the work and pr eserved for a period of three years thereafter for all labor ers and mechanics working at the site of the work. Such records will contain the name a.'1d address of each such employee, his correct classification, rates of pay ( including rates of contr ibutions or costs anticipated of the types described in section l(b)(2) of the Davis-Bacon Act), daily and weekly number . of hours worked, ci.edu:::ticns :::a.de and actual wages paid . ½nenever the Secretary of Labor has f oW1d u..'1der 29 CF? 5. 5 (a)( 1 )(iv) that the wages of any laborer or· mechanic include the amom1t cf any costs reasonably anticipated in providing benefits W1der a plan or progr~~ described in section l(b)( 2)(B ) of the Davis-Bacon Act, the Contractor shall maintain records i·: hich show that the co:n.'lli tment to provide such benefits is . enforce_aj:)l_e, tha_t _ tpe pJ9.-n__?.!. :Q:r143.215.248.55i~ __fina_ncially res:;:o::isible, a.'1d that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or t,he actual cost incurred in providing such benefits. (ii) The Contractor will submit weekly a copy of all payrolls to the City if the City is a party to the Contract, but if the City is not such a party the Contractor will subreit the payrolls to the Agency for transnission to the City, for transmission to hl.JD. The copy shall be accompanied by a state~ent signed by the employer or his agent indicating that tr.e payrolls are correct and complete, that the wage rates contained therein are net less than those deter::iined by the Secretary of Labor and that the c lassif ications set forth for each laborer or mechanic conform ',vith the work he perforr::.ed . A submission of a "Heekly Statement of Comnliance" wh ich is reauired under this Contract and the Coneland regulations of the Secretary of Labo; (29 CF~, Part 3) and the filing with the initial payroll or any subsequent payroll of a copy of any findings by the Secretary of Labor lU1der 29 CFR 5,5(a)(l)(iv) shall satisr:/ this requirement. The prime Contractor shall be responsible for the submission of 20:pies of :i;:ayrolls for all subcontractors. The Contractor ·,,ill make the re2ords requir ed under the labor standards clauses of the Contract available for ins:;:ec~ion by authorized representatives of HUD, the City [or the Agency} and tte De~artEent of Labor, and will per:::iit such representative s to interview enployees during ·,;orking hours on the job. (4) Appr entices . Apprentices will be permitted to work·as such only when they are r egistered, individually, under a bona fide apprenticeship progr~~ registered with a State apprenticeship agency which is recogniz ed by the Bureau -... HUD-7051 12-69> �5 of A,)prentic eship and Training, United States Department cf Labor; or, if no f:;.1ch recog ni zed agency exists in a State, under a progra::i registeyeci. ·,;i. th th~ Bureau of Apprenticeship and Training, United States Depart~ent of Labor . 'J11e allowable ratio of apprentices to journeymen in any craft class ificst::..:m shall not be g r eater than the ratio permitted to the Contractor as to his entire work force under the r eg istered program. Any employee l::.stei on a payroll at an apprentice wage rate, who is not registered as ab ove , shall be paid the wage rate det ermined by the Sec retary of Labor f or the c lassification of work he actually performed . The Contractor or subcontractor ~-rill be required to furnish to the Contracting Officer written evidence of the registration of his program and apprentices as well as of the appropriate ratios and wage rates, for the area of construction prior to using arry apprentices on the contract work. (5) Com:plia!1ce with Coueland ?.egulations (29 C?? Part 3) . Th Contractor shall coruply Hith the Copelc:-nd Regulations ( c:.9 C:?. ?syt 3) o:' the Secretary of Labor whic h are herein incorporated by reference. 0 (6) Subcontracts . The Contractor will ins ert in any subcor..tracts the clauses contained in 29 CF~ 5,5(a)(l) through ( 5) and (7) and such o-::1er clauses as HUD may by appropriat e instructions r equire, and a ls o a clause requiring the subcontractors to include these clauses i n e..riy lo-,;-;er t::..er s ..:b·co·n tracts whicn they may enter into, together with a clause req_uiri n 5 this insertion in any further subcontracts that may in turn be l!E..de. 0 (7) Contract t er cr..i nation; deb arment. A b reach . of claus e s (lJ tr-.ro'..lgh may b e g rounds for ter!nination of the contract, and for deb arnent as ~rovided in 29 CFR 5.6. (6) 5. CONTRACT WORK HOURS STANDARDS ACT (1) Overt ime reauirements . No Contrac tor or subcont r actor contrac t i ~...g for arry part of the c ontrac t 1,.-ork which may r equ ire or involve t he '=:::::.:;,lc~en-G of l ab orers or-mechanics shall r e quire or permit arry l ab orer or ~ect2...:~ic in arry workweek in wh i ch h e is employed on such work to work in ex cess ::: :~ e i§::-,:. hours in arry calendar day or in excess of forty hours in such wor::-..ree~: 1.:r,l-2ss such laborer or mechanic receives c ompensation at a rat e not less t~ an c~e and one-half tines his b as ic rate of pay for a ll hours '.·torked in excess of eight hours in any cal endar day or in excess of forty hours in s"J.ch ,,.-or::-.,eek , as the cas e rr.ay b e . ( 2) Violation: li.abili tv for unuaid .-ra~es : licuii2:: '=i iac::.22 e s . :::.:1 t::e event of any violat-i on of the clau se s e t forth in s ub ~ar:o ::i·:::.;n ~ .i. ) , :;rie :ontractor a nd any subcontractor r esponsible the refor shall b e l.iacle :.J :?.ny affect ed employee fo r his unpaid wages . I n addition, su::n .=ont rsct8r ::.ni s-..:b contractor s h all b e liable to the United St ates ( in t h e case -of ·.,·or:: doEe under contract for the District of Colwnbia or a t err itory, ·to suc:1 ::::iistrict 1 HUD - 7051 ( 2-69 1 �6 or to such territory), for liquidat ed da~a.ges. Such liquidated d~~::..€2S shall be computed with respect to each individual labor er or mechanic e::ployed in violation of the clause set forth in subparagraph (1) in the s11:l o~ 310 for each calendar day on which such employee was required or permitted. to ·.-;ork in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (i). (3) . Withholding fo r unuaid wwes a::.d liouidated damages . ET.!1 ) ::ay ·,;ithhold or cause to b e withheld, frcn any r:c::.ey.s payable on accou.'1-c c:if ·,;erk performed by the Contractor or subcontractor, such swns as may ad;r.inistre.tively be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided ::.n the clause set forth in subparagraph (2). (4) Subcontracts . The Contractor shall insert in any subc ontracts the clauses set forth in subparagraphs (1 ) ,· (2), and (3) of this par2..~::-e.~:--. :::nd. al.sc a clause requiring the subcontractors to ::.nclude these clauses ::.r. 2..,.-;_y lower tier subcontracts whic:1 they may er.ter into, together with a clai.;.se requiring this insertion in any further subcontrac t s that may in turn be r:iad.e . - -- - - --- - -- - -- - - - -- - HUD-7051 !2-691 - -- - - . a - - - - - - - 236133-I �