COMPANY NAME:

FEDERAL TAX ID:

D-U-N-S NUMBER:

CONTRACTORS LICENSE NUMBER:

EXPIRATION DATE:

INSURANCE CERTIFICATE NO:

SPECIALTY LICENSE NUMBER:

MOTOR CARRIER PERMIT NUMBER:

WORKER COMPENSATION POLICY NUMBER:

UNION NON-UNION MIXED

ETHNICITY:

LBE MBE WBE SBE DBE

CONTRACTORS'S HEALTH PLAN APPROVED

Principal Name:

Principal Title:

Contact Name:

Phone Number: Fax:

Contact E-Mail:

Address 1: Addresss 2:

City: State: Zip Code:

Subcontractor to:

Start Date: End Date: Contract I.D.:

Contract Amount:

(Login information will be sent to this email address)

The information below is REQUIRED in order to set up an LCP Tracker user account

for your company and MUST be returned with your subcontract.

Caroline Severance ManorBenchmark Contractors Project No. 11-611

This is a FEDERAL and STATE Prevailing Wage Project. The applicable determinations for the project are Davis Bacon Federal Wage

Decision CA100033 09/16/2011 CA33 Mod No. 31 (dated 09/02/2011) and State General (Commercial) Wage Determination LOS-2011-

2 and ALL applicable increases to that determination. ALL subcontractors and their tiers will be REQUIRED to input weekly Certified

Payroll Reports and other related documents outlined in Exhibit F electonically via the LCP Tracker System. The use of the LCP

Tracker System is mandatory and all documentation must be uploaded or input on an ongoing basis as often as required. You will find

all forms and information in Exhibit F of your Subcontract Agreement.

LCP Tracker - Account Set-up Information Sheet

A-1

1 711 Foothill Blvd, Suite H, La Canada, CA 91011| Tel (818) 951-5987 | Fax (818) 743-7425

Apprentices on public work projects summary of requirements

The Basics

Summary of requirements

California Labor Code Section 1777.5 requires all public works contractors and subcontractors to:

1. Submit contract award information 2. Employ registered apprentices 3. Make training fund contributions

Submit contract award information

All Contractors who did not receive a sufficient number of apprentices from their initial request must request dispatch of apprentices from all other apprenticeship committees, approved to train in their craft in the area of the public works project.

Submit the contract award information in writing to each of the apprenticeship program sponsors in the area of your public works project within 10 days of the prime execution of the contract or subcontract, but in no event later than the first day in which the contractor has workers employed on the public work. Fill out and use form DAS 140 that is included herein. This is simply a notification of award; it is not automatically a request for dispatch of a registered apprentice.

Employ registered apprentices from an apprenticeship program

A contractor on a public works project must employ one (1) hour of apprentice work for every five (5) hours performed by a journeyman. Title 8 California Code of Regulations, Section 230.1. Fill out and use form DAS 142 included herein.

All contractors must request dispatch of an apprentice from an apprenticeship program (for each apprenticeable craft or trade) by giving the program actual notice of at least 72 hours (business days only) before the date on which apprentices are required.

Contractors who did not receive a sufficient number of apprentices from their initial request, must request dispatch apprentices from all other apprenticeship

committees, if more than one exists in the area of the public works project.

Make training fund contributions

Contractors who are awarded public works jobs must make training fund contributions in the amount established in the prevailing wage rate publication for journeymen and apprentices. This nominal fee contributes to the assurance that new apprentices coming into the craft will be guaranteed the highest level of training and as skilled craftsmen retire, the trade will survive.

2 711 Foothill Blvd, Suite H, La Canada, CA 91011| Tel (818) 951-5987 | Fax (818) 743-7425

Contractors who contribute to an apprenticeship program are entitled to a full credit in the amount of those contributions. Contractors who do not contribute to an apprenticeship program must submit their contributions to the California Apprenticeship Council, PO Box 420603, San Francisco, CA 94142-0603.

Training fund contributions to the Council are due and payable on the 15th day of the month for work performed during the preceding month. The contribution should be paid by check and be accompanied be a completed training fund contribution form (CAC – 2) or a letter containing the following information:

1. The name, address and telephone number of the contractor making the contribution.

2. The contractor’s license number. 3. The name and address of the public agency that

awarded the contract. 4. The jobsite location, including the county where the

work was performed. 5. The contract or project number. 6. The time period covered by the enclosed

contributions. 7. The contribution rate and total hours worked by

apprenticeable occupation. 8. The name of the program(s) that provide

apprentices, if any. 9. The number of apprentice hours worked, by

apprenticeable occupation and by program.

ACKNOWLEDGEMENT OF UNDERSTANDING

I, ____________________________ , on behalf of____________________________, (Print your name) (Company Name)

CSLB license No: __________ have read and understand the Apprenticeship summary requirements for a contractor / subcontractor on the Public Works project, known as: _____________________________. I understand that we are required to submit contract award information, Employ registered apprentices and must make monthly training fund contributions without exception.

____________________________ ________________ (Signature is required) (Date)

1.

2.Enter name of the Committee

3.

Date

Apprenticeship Committee. We will employ and train under their Standards. Enter name of the Committee

We will employ and train apprentices in accordance with the California Apprenticeship Council regulations, including § 230.1 (c) which requires that apprentices employed on public projects can only be assigned to perform work of the craft or trade to which the apprentice is registered and that the apprentices must at all times work with or under the direct supervision of journeyman/men.

We will comply with the standards of Apprenticeship Committee for the duration of this job only.

We are already approved to train apprentices by the

THIS FORM IS BEING SENT TO: (NAME & ADDRESS OF APPRENTICESHIP PROGRAM(S))

Check One Of The Boxes Below

PUBLIC WORKS CONTRACT AWARD INFORMATION

NAME & ADDRESS OF PUBLIC AGENCY AWARDING CONTRACT

Contract award information must be sent to your Apprenticeship Committee if you are approved to train. If you are not approved to train, youmust send the information (which may be this form) to ALL applicable Apprenticeship Committees in your craft or trade in the area of the siteof the public work. Go to: http://www.dir.ca.gov/das/PublicWorksForms.htm for information about programs in your area and trade. You mayalso consult your local Division of Apprenticeship Standards (DAS) office whose telephone number may be found in your local directory underCalifornia, State of, Industrial Relations, Division of Apprenticeship Standards.

Do not send this form to the Division of Apprenticeship Standards.NAME OF YOUR COMPANY

MAILING ADDRESS- NUMBER & STREET, CITY, ZIP CODE

CONTRACTOR'S STATE LICENSE NO

APPROXIMATE DATES TO BE EMPLOYED

ESTIMATED NUMBER OF APPRENTICE HOURS

AREA CODE & TELEPHONE NO.

DATE OF EXPECTED OR ACTUAL START OF PROJECT

ESTIMATED NUMBER OF JOURNEYMEN HOURS

This is not a request for dispatch of apprentices. Contractors must make a separate request for actual dispatch, in accordance with Section 230.1(a) California Code of Regulations

DATE YOUR CONTRACT EXECUTED

OCCUPATION OF APPRENTICE

NAME & ADDRESS OF PUBLIC WORKS PROJECT

DAS 140 (REV. 1/04)

State of California - Department of Industrial Relations DIVISION OF APPRENTICESHIP STANDARDS

Signature

Typed Name

Title

REQUEST FOR DISPATCH OF AN APPRENTICE – DAS 142 FORM DO NOT SEND THIS FORM TO DAS

You may use this form to request dispatch of an apprentice from the Apprenticeship Committee in the craft or trade in the area of the public work. Go to: http://www.dir.ca.gov/DAS/PublicWorksForms.htm for information about programs in your area and trade. You may also consult your local Division Apprenticeship Standards (DAS) office whose telephone number may be found in your local directory under California, State of, Industrial Relations, Division of Apprenticeship Standards. Except for projects with less than 40 hours of journeyman work, you must request and employ apprentices in no less than 8 hour increments.

Date:

Contractor Requesting Dispatch:

To Applicable Apprenticeship Committee: Name:____________________________________________ Address:__________________________________________ __________________________________________ Tel. No. _______________ Fax No. ___________________

Name: ______________________________________ Address: ____________________________________

_________________________________ License No. __________________________________ Tel. No. _______________ Fax No. _______________

Project Information: Contract No. _____________________________________________________________________________________ Name of the Project:_______________________________________________________________________________ Address:_________________________________________________________________________________________

Dispatch Request Information: Number of Apprentice(s) Needed: _________________ Craft or Trade: ___________________________________ Date Apprentice(s) to Report: _______________ (72 hrs. notice required) Time to Report: _________________ Name of Person to Report to: ______________________________________ Address to Report to: _____________________________________________ _____________________________________________

You may use this form to make your written request for the dispatch of an apprentice. Requests for dispatch must be in writing and submitted at least 72 hours in advance (excluding weekends and holidays) via either first class mail, fax or email. Proof of submission may be required. Please take note of California Code of Regulations, Title 8, § 230.1 (a) for all applicable requirements regarding apprentiship requests and/or visit http://www.dir.ca.gov/DAS/DASApprenticesOnPublicWorksSummaryOfRequirements.htm

DAS 142 (Revised 12/11)

no contributions

Your company’s name and addressname or

The name & address of thepublic agency that awarded this contract.

Please do NOT list

lead abatement workers, etc.

State of CaliforniaDepartment of Industrial RelationsCalifornia Apprenticeship CouncilP.O. Box 420603San Francisco, CA 94142

Please use a separate form for each jobsite, listing the occupations for the jobsite. Onecheck payable to the California ApprenticeshipCouncil may be submitted for all jobsites and/oroccupations. Training fund contributions are notaccepted by the California Apprenticeship Council forfederal public works projects, or for non-apprenticeable occupations such as utility technicians,lead abatement worker, etc

CLASSIFICATIONS OF WORKERS (CARPENTER, PLUMBER, ELECTRICIAN, ETC). CONTRIBUTION RATE PER HOUR

Total

CAC 2 (rev.7/11) TRAINING FUND CONTRIBUTIONS

California ApprenticeshipCouncil

TRAINING FUND CONTRIBUTIONS

COUNTY WORK PERFORMED IN

NAME AND ADDRESS OF CONTRACTOR/SUB CONTRACTOR MAKING CONTRIBUTION

NAME AND ADDRESS OF PUBLIC AGENCY AWARDING CONTRACT

CONTRACTOR'S LICENSE NUMBER

CONTRACT OR PROJECT NUMBER

PERIOD COVERED BY CONTRIBUTION (FROM - TO)

AMOUNT

JOBSITE LOCATION (INCLUDE COUNTY) IF APPLICABLE - GIVE NAME OF SCHOOL, HOSPITAL, BUILDING, etc.

HOURS

AREA CODE & TELEPHONE NUMBERTITLE

SIGNATURE PLEASE TYPE OR PRINT YOUR NAME DATE

GENERAL AND SUBCONTRACTOR

4/26/2012 1

LOS ANGELES HOUSING DEPARTMENT GENERAL AND SUBCONTRACTOR COMPLIANCE/AFFIRMATIVE ACTION PACKAGE

1200 WEST 7TH STREET, 8TH FLOOR, LOS ANGELES, CA

Gen. Contractor Name: Project Name:

Gen. Contractor Address: Project Address:

Contact Person: RCS*:

Phone Number: *Rehabilitation Construction Specialist

Fax Number:

E-mail Address:

The following documents have been completed and submitted with ORIGINAL SIGNATURES (in blue ink): (Please submit package ONLY when all items are complete).

1. Project Data Sheet

2. Certification Regarding Debarment Suspension, Ineligibility and Lower Voluntary Exclusion Tier Covered Transactions

3. City of Los Angeles Nondiscrimination Equal Employment Practices / Affirmative Action Policy

4. Certification for Contracts of $1,000 or more, but less than $5,000

5. Certification for Contracts of $5,000 or more

6. Los Angeles City Affirmative Action Plan

7. Ethnic Composition of Job Site Work Force

8. Section 3 Contract Clauses

9. Davis-Bacon Attachment

10. Certification for Applicable Fringe Benefit Payment

11. Certification of Understanding and Authorization

12. General Contractor or Subcontractor Contract (Requires the COMPLETE Contract)

13. Copy of State Contractor’s Pocket License

14. Copy of Contractor’s License Detail and Personnel List from the Contractors State License Board

Note: Worker’s Comp Insurance MUST be current and valid for the period of Construction activities

15. Copy of City Business License 16. General Guidelines

I am aware that by accepting this job, I must adhere to the HUD and prevailing wage regulations, and I need to make a Good Faith Effort to outreach to MBE/WBE subcontractors and suppliers. Submitted By:

Subcontractor Company Name Date Authorized Signatory Signature Print Name of Authorized Signatory I have reviewed this package and all items are included and correct. I certify that this subcontractor has been informed of the HUD and City requirements that apply to this project. Reviewed By: General Contractor Authorized Signatory Signature Date Authorized signatory must be listed on the Contractors State License Board Personnel List, or a notarized authorization must be submitted by the authorized signatory authorizing someone else to sign on their behalf. ************************************ FOR COMPLIANCE UNIT USE ONLY ************************************* You are hereby notified that your COMPLIANCE DOCUMENTS for this project have been approved: Approved by: ______________________________________________ Date: ________________________ PREVAILING WAGE COMPLIANCE UNIT LOS ANGELES HOUSING DEPARTMENT

GENERAL AND SUBCONTRACTOR

4/26/2012 2

PROJECT DATA SHEET

1. Check one: General Contractor Subcontractor Non-Prevailing Wage Contractor CA State License Number

2. Classification (ie Electrical, General, etc.) Union Contractor Owner/Operator Contractor 3.

Address Phone # Fax # email

4.

Name of Project # of Stories

5. $ Contract Amount (MUST match the contract amount on the attached Contract)

6. Tax ID #: (Complete IRS Form SS-4, Application for Employer ID# and submit to the IRS with completed information to obtain Tax ID#. The IRS Los Angeles office telephone number is (213) 576-3009). You must obtain a Tax ID# if you have any employees on your payroll.

7. City of Los Angeles Business License Number:

You must have a City of Los Angeles Business License in order to get paid. Call the Office of Finance, Tax & Permit Office at (213) 473-5901 or the Van Nuys City Clerk, City Business License Section at (818) 989-8531 for more information.

8. Check if you are a Minority or Women owned Business Enterprise: Yes No If Yes: MBE WBE

If you are a Minority or Women owned Business please provide us with your MBE/WBE Certification. 9. Check HUD MBE/WBE Racial/Ethnic Codes of contractor:

1. White American 2. Black American 3. Native American 4. Hispanic American 5.Asian/Pacific Islander 6. Hasidic Jew

10. Are you a Section 3 business? Yes No If Yes: Sec. 3 Qualifying Basis: A B C

Section 3 businesses include those: A. That are at least 51 percent or more owned by Section 3 residents, B. Whose permanent, full-time employees include persons, at least 30 percent of whom are currently Section 3 residents, or within three years of the date of first employment with the business concern were Section 3 residents, or C. That provide evidence of a commitment to subcontract in excess of 25 percent of the dollar award of all subcontracts to be awarded to a Section 3 business concern.

Section 3 residents are: Public housing residents Low and very-low income persons who live in the metropolitan area or non-metropolitan county where a

HUD-assisted project for housing or community development is located. Low (80%) family income per household is defined by HUD in 2012 as:

1 PER 2 PER 3 PER 4 PER 5 PER 6 PER 7 PER 8 PER $47,250 $54,000 $60,750 $67,450 $72,850 $78,250 $83,650 $89,050

11. Are you participating in a job-training program? YouthBuild State Approved Apprenticeship Program Other 12. Has construction work started on this project? Yes No

13. Expected Number of Workers to be used on project: Male Female Total (see p.10 Total)

14. Subcontractors and Suppliers: (Use additional sheet if necessary)

NAME ADDRESS DOLLAR AMOUNT

ETHNICITY MBE/WBE

GENERAL AND SUBCONTRACTOR

4/26/2012 3

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion

Lower Tier Covered Transactions

This certification is required by the regulations implementing Executive order 12549, Debarment and Suspension, 24 CFR Part 24 Section 24.510, Participants’ responsibilities.

1. The prospective recipient of Federal assistance funds certifies that neither it nor its

principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

2. Where the prospective recipient of Federal assistance funds is unable to certify to any of

the statements in this certification, such prospective participant shall attach an explanation to this proposal.

AUTHORIZED SIGNATORY SIGNATURE COMPANY NAME

AUTHORIZED SIGNATORY NAME AND TITLE DATE

GENERAL AND SUBCONTRACTOR

4/26/2012 4

CITY OF LOS ANGELES NONDISCRIMINATION EQUAL EMPLOYMENT PRACTICES/AFFIRMATIVE ACTION POLICY

FOR CONSTRUCTION CONTRACTORS

Los Angeles Administrative Code (LAAC), Division 10, Chapter 1, Article 1, Section 10.8 requires entities doing business with the City to comply with a Nondiscrimination/Affirmative Action Program. (Refer questions regarding these requirements to the LAHD Prevailing Wage Compliance Unit, at (213) 808-8594.) In order to comply, it is necessary that the bidder/proposer/respondent complete, sign and return with the bid/proposal/response, the following: A. For all contracts, the contractor agrees to adhere to the following Nondiscrimination Clause:

1. The contractor agrees and obligates the company not to discriminate during the performance of this contract against any employee or applicant for employment because of the employee’s or applicant’s race, religion, national origin, ancestry, sex, age, sexual orientation, disability, marital status, domestic partner status, or medical condition; and

2. All subcontracts awarded under this contract shall contain a like Nondiscrimination Clause. B. For construction contracts from $1,000 to under $5,000 the contractor agrees to:

1. Adhere to the Nondiscrimination Clause above; 2. Designate a management level Equal Employment Opportunity Officer as provided for in Section “E” below; and 3. Adhere to Equal Employment Practices provisions as outlined in LAAC §10.8.3 and on Page 5 of this document.

C. For construction contracts of $5,000 or more the contractor agrees to: 1. Adhere to the Nondiscrimination Clause above; 2. Designate a management level Equal Employment Opportunity Officer as provided for in Section “E” below; 3. Adhere to Equal Employment Practices provisions as outlined in LAAC §10.8.3 and on Pages 6 and 7 of this

document; 4. Complete the Ethnic Composition of Total Work Force Report provided in the Pre-Construction Conference

Package; and 5. Sign and submit an Affirmative Action Plan. The bidder must submit one of the two following plans:

a. Plan A. Los Angeles City Affirmative Action Plan (“Los Angeles City Affirmative Action Requirements”) on Pages 8 and 9 which is an approved plan requiring only signature of acceptance along with the Ethnic Composition of Work Force (Page 11) and submittal to be effective; or

b. Plan B. The Bidder’s own Affirmative Action Plan for approval, which must contain at a minimum all of the elements of the City’s Plan.

D. Subcontractors:

1. The contractor shall require the same documents indicated above to be submitted for subcontractors of any contract awarded by the City; and

2. The contractor shall be responsible for obtaining the Affirmative Action Plans from its subcontractors. Additional forms are available from the LAHD Prevailing Wage Compliance Unit.

E. Equal Employment Opportunity Officer:

Please be advised that , is NAME OF DESIGNEE TITLE hereby designated as the Company’s Equal Employment Opportunity Officer. The Officer has been given the authority to establish, disseminate and enforce the Equal Employment and Affirmative Action Policies of this firm to ensure nondiscrimination in all of its employment practices. The Officer may be contacted at: ,

WORK ADDRESS TELEPHONE NUMBER F. Signed Certification – The Contractor by its signature affixed hereto declares under penalty of perjury that:

1. The contractor has read the Nondiscrimination Clause in “A” above and certifies that it will adhere to the practices in the performances of all contracts;

2. The contractor has read the Equal Employment Practices provisions on Page 5 and certifies that it will adhere to the practices in the performance of any construction contract from $1,000 to under $5,000;

3. The contractor has designated the Equal Employment Opportunity Officer as noted in Section “E” above; 4. The contractor has read the Affirmative Action Program provisions on Pages 6 to 7, certifies that it will adhere to

the practices in the performance of any construction contract of $5,000 or more submits an Affirmative Action Plan. Indicate which plan is submitted: City Plan; Company Plan.

5. The information contained herein is true and correct.

All Certificates and Plans are effective for 12 months from date of approval by the Office of Contract Compliance. COMPANY NAME AUTHORIZED SIGNATORY SIGNATURE COMPANY ADDRESS AUTHORIZED SIGNATORY NAME AND TITLE CITY, COUNTY, STATE, ZIP TELEPHONE DATE

GENERAL AND SUBCONTRACTOR

4/26/2012 5

EQUAL EMPLOYMENT PRACTICES PROVISIONS Construction Contracts of $1,000 or more but less than $5,000

Sec.10.8.3. Equal Employment Practices Provisions Every construction contract for which the consideration is $1,000 or more, shall contain the following provision, which shall be designated as EQUAL EMPLOYMENT PRACTICES provision of such contract: A. During the performance of this contract, the contractor agrees and represents that it provide equal employment practices, and the

contractor and each subcontractor hereunder will ensure that in his or her employment practices persons are employed and employees are treated equally and without regard to or because of race, religion, ancestry, national origin, sex, sexual orientation, age, disability, marital status, domestic partner status, or medical condition.

1. This provision applies to work or service performed or materials manufactured or assembled in the United States.

2. Nothing in this section shall require or prohibit the establishment of new classifications of employees in any given craft, work or

service category.

3. The contractor agrees to post a copy of Paragraph A hereof in conspicuous places at its place of business available to employees and applicants for employment.

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 for employment without regard to their race, religion, ancestry, national origin, sex, sexual orientation, age, disability, marital status, domestic partner status or medical condition.

C. As part of the City’s supplier registration process, and/or at the request of the awarding authority, or the Los Angeles Housing

Department (LAHD) Compliance Unit, the contractor shall certify in the specified format that he or she has not discriminated in the performance of City contracts against any employee or applicant for employment on the basis or because of race, religion, ancestry, national origin, sex, sexual orientation, age, disability, marital status, domestic partner status or medical condition.

D. The contractor shall permit access to and may be required to provide certified copies of all of his or her records pertaining to

employment and to employment practices by the Prevailing Wage Compliance Unit for the purpose of investigation to ascertain compliance with the Equal Employment Practices provisions of City contracts. On their or either of their request the contractor shall provide evidence that he or she has or will comply therewith.

E. The failure of any contractor to comply with the Equal Employment Practices provisions of this contract may be deemed to be a

material breach of City contracts. Such failure shall only be established upon a finding to that effect by the awarding authority on the basis of its own investigation or that of the LAHD Compliance Unit. No such finding shall be made or penalties assessed except upon a full and fair hearing after notice and an opportunity to be heard has been given to the contractor.

F. Upon a finding duly made that the contractor has failed to comply with the Equal Employment Practices provisions of a City

contract, this contract may be forthwith canceled, terminated or suspended, in whole or in part by the awarding authority, and all monies due or to become due hereunder may be forwarded to and retained by the City of Los Angeles. In addition thereto, such failure to comply may be the basis for a determination by the awarding authority or the LAHD that the said contractor is an irresponsible bidder or proposer pursuant to the provisions of section 371 of the Charter of the City of Los Angeles. In the event of such determination, such contractor shall be disqualified from being awarded a contract with the City of Los Angeles for a period of two years, or until the contractor shall establish and carry out a program in conformance with the provisions hereof.

G. Notwithstanding any other provision of this contract, the City of Los Angeles shall have any and all other remedies at law or in

equity for any breach hereof. H. The LAHD Compliance Unit shall promulgate rules and regulations through the Office of Contract Compliance, and provide

necessary forms and required language to the awarding authorities to be included in City Request for Bids or Request for Proposal packages or in supplier registration requirements for the implementation of the Equal Employment Practices provisions of this contract, and such rules and regulations and forms shall, so far as practicable, be similar to those adopted in applicable Federal Executive orders. No other rules, regulations, or forms may be used by an awarding authority of the City to accomplish the contract Compliance program.

I. Nothing contained in this contract shall be construed in any manner so as to require or permit any act which is prohibited by law. J. At the time a supplier registers to do business with the City, or when an individual bid or proposal is submitted, the contractor shall

agree to adhere to the Equal Employment Practices specified herein during the performance or conducted of City Contracts.

K. Equal Employment Practices shall, without limitation as to the subject or nature of employment activity, be concerned with such employment practices as:

1. Hiring practices; 2. Apprenticeships where such approved programs are functioning, and other on-the-job-training for non-applicable occupations; 3. Training and promotional opportunities; and 4. Reasonable accommodations for persons with disabilities

L. All contractors subject to the provisions of this section shall include a like provision in all subcontracts awarded for work to be

performed under the contract with the City and shall impose the same obligations, including but not limited to filling and reporting obligations, on the subcontracts as are applicable to the contractor. Failure of the contractor to comply with this requirement or to obtain the compliance of its subcontractors with all such obligations shall subject the contractor to the imposition of any and all sanctions allowed by law, including but not limited to termination of the contractor’s contract with the City.

AUTHORIZED SIGNATORY SIGNATURE COMPANY NAME

AUTHORIZED SIGNATORY NAME AND TITLE DATE

GENERAL AND SUBCONTRACTOR

4/26/2012 6

AFFIRMATIVE ACTION PROGRAM PROVISIONS Construction Contracts of $5,000 or more

Sec.10.8.4. Affirmative Action Program Provisions. Every construction contract with or on behalf of the City of Los Angeles for which the consideration is $5,000 or more, shall contain the following provision, which shall be designated as the AFFIRMATIVE ACTION PROGRAM provisions of such contract: A. During the performance of a City contract, the contractor certifies and represents that the contractor and subcontractor hereunder

will adhere to an affirmative action program to ensure that its employment practices, persons are employed and employees are treated equally and without regard to or because of race, religion, ancestry, national origin, sex, sexual orientation, age, disability, marital status, domestic partner status, or medical condition.

1. This provision applies to work or service performed or materials manufactured or assembled in the United States.

2. Nothing in this section shall require or prohibit the establishment of new classifications of employees in any given craft, work or

service category.

3. The contractor agrees to post a copy of Paragraph A hereof in conspicuous places at its place of business available to employees and applicants for employment.

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 for employment without regard to their race, religion, ancestry, national origin, sex, sexual orientation, age, disability, marital status, domestic partner status or medical condition.

C. As part of the City’s supplier registration process, and/or at the request of the awarding authority, the Los Angeles Housing

Department (LAHD) Compliance Unit, or the Office of Contract Compliance, the contractor shall certify on an electronic or hard copy form to be supplied, that the contractor has not discriminated in the performance of City contracts against any employee or applicant for employment on the basis or because of race, religion, ancestry, national origin, sex, sexual orientation, age, disability, marital status, domestic partner status or medical condition.

D. The contractor shall permit access to and may be required to provide certified copies of all of its records pertaining to employment

and to its employment practices by the awarding authority, or the Office of Contract Compliance, for the purpose of investigation to ascertain compliance with the Affirmative Action Program provisions of City contracts, and on their or either of their request to provide evidence that it has or will comply therewith.

E. The failure of any contractor to comply with the Affirmative Action Program provisions of City contracts may be deemed to be a

material breach of contract. Such failure shall only be established upon a finding to that effect by the awarding authority, on the basis of its own investigation or that of the LAHD Compliance Unit. No such finding shall be made or penalties assessed except upon a full and fair hearing after notice and an opportunity to be heard has been given to the contractor.

F. Upon a finding duly made that the contractor has breached the Affirmative Action Program provisions of a City contract, the

contract may be forthwith canceled, terminated or suspended, in whole or in part by the awarding authority, and all monies due or to become due hereunder may be forwarded to and retained by the City of Los Angeles. In addition thereto, such failure to comply may be the basis for a determination by the awarding authority or the LAHD that the said contractor is an irresponsible bidder or proposer pursuant to the provisions of section 371 of the Charter of the City of Los Angeles. In the event of such determination, such contractor shall be disqualified from being awarded a contract with the City of Los Angeles for a period of two years, or until he or she shall establish and carry out a program in conformance with the provisions hereof.

G. In the event of a finding by the Fair Employment and Housing Commission of the State of California, or the Los Angeles Housing

Department, or any court of competent jurisdiction, that the contractor has been guilty of a willful violation of the California Fair Employment and Housing Act, or the Affirmative Action Program provisions of a City contract, there may be deducted from the amount payable to the contractor by the City of Los Angeles under the contract, a penalty of TEN DOLLARS ($10) for each person for each calendar day on which such person was discriminated against in violation of the provisions of a City contract.

H. Notwithstanding any other provisions of a City contract, the City of Los Angeles shall have any and all other remedies at law or in

equity for any breach hereof. I. The LAHD Compliance Unit shall promulgate rules and regulations through the Office of Contract Compliance, and provide to the

awarding authorities electronic and hard copy forms for the implementation of the Affirmative Action Program provisions of City Contracts, and rules and regulations and forms shall, so far as practicable, be similar to those adopted in applicable Federal Executive Orders. No other rules, regulations, or forms may be used by an awarding authority of the City to accomplish the contract compliance program.

J. Nothing contained in City contracts shall be construed in any manner so as to require or permit any act which is prohibited by law. K. The contractor shall submit an Affirmative Action Program Plan which shall meet the requirements of this Chapter at the time it

submits its bid or proposal or at the time it registers to do business with the City. The plan shall be subject to approval by the Office of Contract Compliance prior to award of the contract. The awarding authority may also require contractors and suppliers to take part in a pre-registration, pre-bid, pre-proposal, or pre-award conference in order to develop, improve or implement a qualifying Affirmative Action Plan. Affirmative Action Programs developed pursuant to this section shall be effective for a period of twelve months from the date of approval by the Office of Contract Compliance. In case of prior submission of a plan, the contractor may submit documentation that it has an Affirmative Action Plan approved by the Office of Contract Compliance within the previous twelve months. If the approval is 30 days or less from expiration, the contractor must submit a new Plan to the Office of Contract Compliance and that Plan must be approved before the contract is awarded.

(1) Every contract of $5,000 or more which may provide construction, demolition, renovation, conservation or major maintenance of

any kind shall in addition comply with the requirements of Section 10.13 of the Los Angeles Administrative Code. (2) A contractor may establish and adopt as its own Affirmative Action Plan prepared and furnished by the Office of Contract

Compliance, or it may prepare and submit its own Plan for approval.

L. The Office of Contract Compliance shall annually supply the awarding authorities of the City with a list of contractors and suppliers who have developed Affirmative Action Programs. For each contractor and supplier the Office of Contract Compliance shall state the date the approval expires. The Office of Contract Compliance shall not withdraw its approval for any Affirmative Action Plan or

GENERAL AND SUBCONTRACTOR

4/26/2012 7

change the Affirmative Action Plan after the date of contract award for the entire contract term without the mutual agreement of the awarding authority and the contractor.

M. The Affirmative Action Plan required to be submitted hereunder and the pre-registration, pre-bid, pre-award conference, which may

be required by the LAHD Compliance Unit or the awarding authority, shall, without limitation as to the subject or nature of employment activity, be concerned with such employment practices as:

1. Apprenticeship where approved programs are functioning and other on-the-job training for non-apprenticeable occupations; 2. Classroom preparation for the job when not apprenticeable; 3. Pre-apprenticeship education and preparation; 4. Upgrading training and opportunities; 5. Encouraging the use of contractors, subcontractors and suppliers of all racial and ethnic groups, provided, however, that any

contract subject to this ordinance shall require the contractor, subcontractor or supplier to provide not less than the prevailing wage, working conditions, and practices generally observed in private industries in the contractor's, subcontractor's or supplier's geographical area for such work;

6. The entry of qualified women, minority and all other journeymen into the industry; and 7. The provision of needed supplies or job conditions to permit persons with disabilities to be employed, and minimize the impact

of any disability. N. Any adjustments which may be made in the contractor's or supplier's work force to achieve the requirements of the City's

Affirmative Action Contract Compliance Program in purchasing and construction shall be accomplished by either an increase in the size of the work force or replacement of those employees who leave the work force by reason of resignation, retirement or death and not by termination, lay-off, demotion, or change in grade.

O. Affirmative Action Agreements resulting from the proposed Affirmative Action Plan or the pre-registration, pre-bid, pre-proposal or

pre-award conferences shall not be confidential and may be publicized by the contractor at his or her discretion. Approved Affirmative Action Agreements become the property of the City and may be used at the discretion of the City in its Contract Compliance Affirmative Action Program.

P. This ordinance shall not confer upon the City of Los Angeles or any agency, Board or Commission thereof any power not otherwise

provided by law to determine the legality of any existing collective bargaining agreement and shall have application only to discriminatory employment practices by contractors or suppliers engaged in the performance of City contracts.

Q. All contracts subject to the provisions of this section shall include a like provision in all subcontracts awarded for work to be

performed under the contract with the City and shall impose the same obligations, including but not limited to filing and reporting obligations, on the subcontractors as are applicable to the contractor. Failure of the contractor to comply with this requirement or to obtain the compliance of its subcontractors with all such obligations shall subject the contractor to the imposition of any and all sanctions allowed by law, including but not limited to termination of the contractor’s contract with the City.

AUTHORIZED SIGNATORY SIGNATURE COMPANY NAME

AUTHORIZED SIGNATORY NAME AND TITLE DATE

GENERAL AND SUBCONTRACTOR

4/26/2012 8

LOS ANGELES CITY AFFIRMATIVE ACTION PLAN LOS ANGELES CITY AFFIRMATIVE ACTION MANDATORY PROVISIONS

Notwithstanding any other provision of this Division to the contrary, every construction contract involving an expenditure of $5,000 or more of City funds, except in cases of urgent necessity, as provided in Section 371 of the Charter of the City of Los Angeles and except as provided in Section 10.9 of this Code, shall contain as part of the contract an Affirmative Action Plan substantially as set forth in this section and which by the contractor's signature affixed thereto, shall constitute and be established as the contractor's Affirmative Action Plan. The Plan, which may be a plan proposed by the contractor or the City’s proposed Plan prepared by the Office of Contract Compliance, shall be subject to the approval of the Office of Contract Compliance prior to award of the contract. The Plan may consist of a Plan approved by the Office of Contract Compliance within the previous twelve months. If the previously approved Plan is 30 days or less from expiration, the contractor must submit a new Plan to the Office of Contract Compliance which shall be subject to approval before the contract may be awarded. Sec. 10.13 Mandatory Provisions Pertaining to Non-discrmination in Employment and Affirmative Action in Hiring Employees in the Performance of Work on Certain City Construction Contracts. 1. CONSTRUCTION CONTRACTS INCLUDED The contractor shall not be eligible for an award of a City Construction contract in excess of $5,000 unless the contractor has submitted as part of the bid a written Affirmative Action Plan embodying both (1) anticipated levels of minority*, women and all other staffing utilization, and (2) specific affirmative action steps directed at applying good faith efforts in a nondiscriminatory manner to attempt to meet the requirements of this section for all trades which are to utilized on the project, whether subcontracted or not. *”Minority” is defined as the term “minority person” is defined in subsection (f) of section 2000 of the California Public Contract Code. 2. ANTICIPATED UTILIZATION The plan must set forth anticipated minority, women, and all other staffing utilization by the contractor and all subcontractors on each project constructed by the City using those trades within the area of jurisdiction of the Los Angeles Building and Construction Trades Council within the City of Los Angeles in each work class and at all levels in terms of staff hours. The anticipated levels of minority, women, an other staffing utilization shall be the levels at which each of those groups are represented in the relevant workforce in the Greater Los Angeles Area as determined by the US Bureau of the Census and made available by the Office of Contract Compliance. Attainment of the anticipated levels of utilization may only be used as an indicia of whether the contractor has complied with the requirements of this section and as not by itself disqualify the contractor for award of a contract or subject the contractor to any sanctions or penalties. In no event may a contractor utilize the requirements of this section in such a manner as to cause or result in discrimination against any person on account of race, color, religion, ancestry, age, disability, medical condition, marital status, domestic partner status, sex, sexual orientation, or national origin. 3. AN AFFIRMATIVE ACTION PLAN The contractor certifies and agrees to immediately implement good faith efforts measures to recruit and employ minority, women, and other potential staff in a nondiscriminatory manner including, but not limited to, the following actions. The contractor shall:

a. Recruit and make efforts to obtain such employees through: (1) Advertising employment opportunities in minority and women community news media. Notifying minority and women

community organizations of employment opportunities; (2) Maintaining contact with schools with diverse populations of students to notify them of employment opportunities. (3) Encouraging present minority, women and other employees to refer their friends and relatives. (4) Promoting after school and vacation employment opportunities for minority, women and other youth. (5) Validating all job specifications, selection requirements, tests, etc. (6) Maintaining a file of the names and addresses of each worker referred to the contractor and what action was taken

concerning such worker. (7) Notifying the appropriate awarding authority of the City, LAHD, and the Office of Contract Compliance in writing when a

union with whom the contractor has a collective bargaining agreement has failed to refer a minority, a woman or other worker.

b. Continually evaluate personnel practices to assure that hiring, upgrading, promotions, transfers, demotions and layoffs are

made in nondiscriminatory manners so as to achieve and maintain a diverse work force. c. Utilize training programs and assist minority, women, and other employees in locating, qualifying for and engaging in such

training programs to enhance their skills and advancement. d. Secure cooperation or compliance from the labor referral agency to the contractor’s affirmative action obligations.

e. Establish a person at the management level of the contracting entity to be the Equal Employment Opportunity Officer; such

individual to have the authority to disseminate and enforce the company's Equal Employment and Affirmative Action Policies.

f. Maintain such records as are necessary to determine compliance with equal employment and affirmative action obligations, and making such records available to City, State and Federal authorities upon request.

4. The contractor shall make a good faith effort with respect to apprenticeship and training program to:

a. Recruit and refer minority, women and other employees to such programs; b. Establish training programs within the company and/or its association that will prepare minority, women and other employees

for advancement opportunities. c. Abide by the requirements of the Labor Code of the State of California with respect to the provision of apprenticeship job opportunities.

5. The contractor shall establish written company policies, rules, and procedures which shall be encompassed in a company-wide

Affirmative Action Plan for all its operations and contracts. Said policies shall be provided to all employees, subcontractors, vendors, unions and all others with whom the contractor may become involved in fulfilling any of its contracts. The company's Affirmative Action Plan shall encompass the requirements contained herein as a minimum and shall be submitted with its bid to the appropriate awarding authority of the City and to the Office of Contract Compliance of the City.

6. Where problems are experienced by the contractor in complying with its obligations pursuant to this section, the contractor shall

document its good faith effort to comply with the requirements by the following procedure. The contractor shall state: a. What steps were taken, how and on what date. b. To whom those efforts were directed.

GENERAL AND SUBCONTRACTOR

4/26/2012 9

c. The responses received, from whom and when. d. What other steps were taken or will be taken to comply and when. e. Why the contractor has been or will be unable to comply.

7. The contractor shall submit and require each of its subcontractors to submit an Ethnic Composition of the Company's Total Work

Force (by employees) prior to the date of award of the contract. 8. No contract shall be executed until LAHD Compliance Unit, the appropriate awarding authority of the City of Los Angeles, and the

Federal funding agency (if Federal funds are involved) has determined in writing that such contractor has executed and filed with the awarding authority and the City Office of Contract Compliance the required Affirmative Action Plan.

9. It shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for referral, exclusive

or otherwise failed to refer minority, women or other employees. 10. Subject to this subsection the contractor and subcontractor shall execute such further forms and documentation at such times and

as may be required by the Los Angeles Housing Department or other appropriate awarding authority of the City of Los Angeles. 11. Where the contractor has failed to comply with the requirements contained in this section, any and all sanctions allowed by law

may be imposed upon the contractor. 1. The Office of Contract Compliance within the Los Angeles Housing Department shall be responsible for administering the City's

Contract Compliance Program in the manner described in Sections 22.359 through 22.359.5 of this Code. 13. All contractors subject to the provisions of this section shall include a like provision in all subcontracts awarded for work to be

performed under the contract with the City and shall impose the same obligations, including but not limited to filing and reporting obligations, on the subcontractors as are applicable to the contractor. Failure of the contractor to comply with this requirement to obtain the compliance of its subcontractors with all such obligations shall subject the contractor to the imposition of any and all sanctions allowed by law, including but not limited to termination of the contractor’s contract with the City.

By execution hereof, the contractor accepts and submits the foregoing as its Affirmative Action Plan. AUTHORIZED SIGNATORY SIGNATURE COMPANY NAME

AUTHORIZED SIGNATORY NAME AND TITLE DATE

GENERAL AND SUBCONTRACTOR

4/26/2012 10

CITY OF LOS ANGELES CONSTRUCTION PROJECTS ETHNIC COMPOSITION OF JOB SITE WORK FORCE

PROJECT NAME: CONTRACTOR: PRIME SUBCONTRACTOR Indicate below the number of employees in each craft or work class for each of the ethnic groups listed below for your firm's total work force to be used on this project. If the Trade(s) you will employ is not listed you may write in additional Trade(s).

Hispanic African American

Asian or Pacific

Islander

American Indian

or Alaskan Native

Caucasian (Non

Hispanic)

Total % Minority Gender

*J A T J A T J A T J A T J A T J A T J A T F M

Bricklayers Stonemasons

Carpenters

Electricians

Gunite Workers

Iron Workers

Laborers

Operating Engineers

Painters

Pipe Trades

Plasterers and Cement Masons

Sheet Metal Workers

Teamsters

Job Site Supervisor

TOTAL (see p.2 Total)

*J - Journeyman, A - Apprentice, T - Trainee not entered in an approved apprenticeship program. The Contractor, by this signature affixed hereto declares under penalty of perjury that he/she has: 1. Read the Los Angeles City Affirmative Action Requirements for Construction Contractors on pages 5-7. 2. Shall accept the requirements contained therein as the basic Affirmative Action Plan for all their operations within the City of

Los Angeles. 3. The information contained hereon is true and correct. AUTHORIZED SIGNATORY SIGNATURE COMPANY NAME AUTHORIZED SIGNATORY NAME AND TITLE DATE

NOTE: Minority females can only be counted once as either a minority or a female towards a project’s employment goals.

GENERAL AND SUBCONTRACTOR

4/26/2012 11

SECTION 3 CONTRACT CLAUSES

These clauses are to be inserted in all contracts. A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing

and Urban Development Act (HUD) of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which

implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations.

C. The contractor agrees to send to each labor organization or representative of workers with which the

contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 Clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

D. The contractor agrees to include the Section 3 Clause in every subcontract subject to compliance with

regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135.

E. The contractor will certify that any vacant employment positions, including training positions, that are

filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR Part 135.

F. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this

contract for default, and debarment or suspension from future HUD assisted contracts. The Contractor/Subcontractor/Service Provider by this signature affixed hereto declares under penalty of perjury that he/she has read and accepts all its clauses contained therein for all of his/her operations within the City of Los Angeles. AUTHORIZED SIGNATORY SIGNATURE COMPANY NAME AUTHORIZED SIGNATORY NAME AND TITLE DATE

GENERAL AND SUBCONTRACTOR

4/26/2012 12

DAVIS-BACON / STATE PREVAILING WAGE ATTACHMENT

This statement must be included in each of your contract and subcontract agreements. This is a federally assisted project and either Davis-Bacon federal wage regulations or state prevailing wage requirements will be enforced. If state and/or federal prevailing wage rates are applicable, then the higher of the two will be used. Federal labor standard provisions (HUD Form 4010), the Supplement to the General Conditions of the Contract for Construction (HUD Form 2554) and the Federal Wage Determination are a part of the contract agreement and compliance will be enforced by the City of Los Angeles Housing Department Prevailing Wage Compliance Unit. This attachment is part of the contract between (Owner or General Contractor) and at the project located at (Subcontractor) executed on . (Date) Subcontractor acknowledges that this is a Davis-Bacon / State Prevailing Wage project. Subcontractor also acknowledges receipt of the following forms and documents and agrees to maintain accurate records relating to those documents: 1. Certification of Applicable Fringe Benefit Payment 2. Certification of Understanding and Authorization *Obtain the following documents from your project’s General Contractor: 1. Davis–Bacon General Decision Number: Modification Number: Date And/or, State General/Commercial Prevailing Wage Determination: And/or, State Special Residential Prevailing Wage Determination: 2. Payroll Form WH-347/Statement of Compliance 3. Employee Information Sheet 4. Section 3 Forms. 5. Federal Labor Standards provisions, HUD 2554 6. Acknowledgment of Receipt of HUD 2554 7. Federal Labor Standards Provisions and Related Matters

PENALTY FOR FALSE OR FRAUDULENT STATEMENT. U.S.C. TITLE 18, SEC. 1001. Provides: “Whoever, in any matter within jurisdiction of any department or agency of the United States knowingly and willfully falsifies ... or makes any false, fictitious, or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall be fined not more that $10,000 or imprisoned not more than five years or both.” Subcontractor: AUTHORIZED SIGNATORY SIGNATURE DATE AUTHORIZED SIGNATORY NAME AND TITLE General Contractor: AUTHORIZED SIGNATORY SIGNATURE DATE AUTHORIZED SIGNATORY NAME AND TITLE

GENERAL AND SUBCONTRACTOR

4/26/2012 13

LOS ANGELES HOUSING DEPARTMENT Prevailing Wage Compliance Unit

1200 West 7th Street, 8th Floor Los Angeles, CA 90017

CERTIFICATION FOR APPLICABLE FRINGE BENEFIT PAYMENT

Project Name: Project Address:

CLASSIFICATION:

EFFECTIVE DATE:

SUBSISTENCE OR TRAVEL PAY:

BASE WAGE

HEALTH & WELFARE

TRUST FUND FUND ADDRESS

PENSION

TRUST FUND FUND ADDRESS

VACATION/HOLIDAY

TRUST FUND FUND ADDRESS

APPRENTICESHIP/TRAINING

TRUST FUND FUND ADDRESS

OTHER

TRUST FUND FUND ADDRESS

TOTAL HOURLY RATE

OR: (Check if applicable)

I certify that I do not make payment to approved fringe benefit plans or programs. AUTHORIZED SIGNATORY SIGNATURE COMPANY NAME

AUTHORIZED SIGNATORY NAME AND TITLE DATE

GENERAL AND SUBCONTRACTOR

4/26/2012 14

LOS ANGELES HOUSING DEPARTMENT Prevailing Wage Compliance Unit

CERTIFICATION OF UNDERSTANDING AND AUTHORIZATION

Project Name: This is to certify that the principals and the authorized payroll officer(s), below, have read and understand all documents referring to Affirmative Action, Section 3 Economic Opportunity, and Davis-Bacon Prevailing Wage guidelines and regulations, and the labor standards clauses as addressed in the Pre-Construction Conference pertaining to the subject project. The following person(s) is (are) designated as the payroll officer(s) for the undersigned and is (are) authorized to sign the Statement of Compliance, which will accompany our weekly certified payroll reports for this project: PAYROLL OFFICER NAME PAYROLL OFFICER SIGNATURE AUTHORIZED SIGNATORY NAME AND TITLE AUTHORIZED SIGNATORY SIGNATURE COMPANY NAME DATE

GENERAL AND SUBCONTRACTOR

4/26/2012 15

LOS ANGELES HOUSING DEPARTMENT PREVAILING WAGE COMPLIANCE UNIT

PREVAILING WAGE COMPLIANCE GENERAL GUIDELINES

1. The owner and general contractor must complete and submit Compliance/Affirmative Action

Packages for approval to the Prevailing Wage Compliance Unit as a condition to commence construction. Please address packages to:

Attn: Prevailing Wage Compliance Unit Los Angeles Housing Department

1200 W. 7th Street, 8th Floor Los Angeles, CA 90017

2. Once packages are approved, a Pre-Construction Conference will be held to inform the

developer and general contractor of all compliance regulations.

3. An Authorization to Issue Notice to Proceed will be issued to the developer after the Pre-Construction and Compliance/Affirmative Action Packages have been submitted and approved by LAHD.

4. The general contractor and all subcontractors are required to adhere to applicable Davis-

Bacon Wage and/or State Prevailing Wage requirements. If both wage requirements apply, the higher of the two will be enforced.

5. A contractor’s signatory must be listed on the contractor’s State Contractor’s License; if he/she

is not listed on the license the contractor must obtain a notarized letter authorizing that individual to sign in representation.

6. If a contractor has multiple Payroll Officers or if he/she appoints a new Payroll Officer during

the course of construction, a Certification of Understanding and Authorization must be submitted for each Payroll Officer.

7. Please be advised that contractors are required to utilize Employee Sign in Sheets on the job

site, and may be required to submit these upon request to LAHD.

8. The general contractor and all subcontractors must submit weekly payrolls no more than 2 weeks after the end of each work week. In addition, Employee Information Sheets must be submitted for all employees along with the first payroll they are on. Please update information for all employees that obtain a change of address or work classification.

9. The general contractor and all subcontractors must submit a Section 3 Report form with their

final payroll at the completion of their work on the project. 10. Materials supplier’s invoices must be submitted for all billings for Materials on the List of

Subcontractors form included in each disbursement request.

11. The project will be monitored by LAHD Prevailing Wage Compliance Unit staff.

12. Every new subcontractor must submit a Compliance/Affirmative Action package prior to beginning work, and must follow all guidelines followed by the general contractor, including submitting weekly payrolls.

13. If the developer/general contractor has any reason to dispute any subsequent compliance

fines, please submit a written explanation and provide the corresponding evidence to justify your position. Please do not refer subcontractors to LAHD in regard to the items listed in the fine letter, instead gather all their information and submit it to us directly.

14. If the Davis-Bacon wage determination assigned to your project is not put out to bid within 90

days of its issuance, or construction on the project has not started within 6 months of the issuance of the wage determination, you will have to request a new determination from LAHD.

15. In order to close out a line item from your schedule of values list which line item you are

closing out under the Subcontractor’s Name column in the Contractor’s Request/Invoice for Payment and check the Other column. Note that a line item can only be closed out after the

GENERAL AND SUBCONTRACTOR

4/26/2012 16

subcontractor for that line item has been paid in full minus the retention. If you check off either Labor or Material the Compliance Officer assigned to your project will request either payrolls or an invoice for that line item.

16. The following are links to laws that apply to your project:

o Link to the Davis-Bacon Act: http://www.dol.gov/esa/whd/programs/dbra/index.htm o Link to the Contractor’s Guide to Davis-Bacon requirements:

http://www.hcd.ca.gov/fa/home/manual/ o Link to the California Labor Code Sections 1770-1781 Article 2 wages:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=01001-02000&file=1770-1781

o Link to the Contract Work Hours and Safety Standards Act: http://www.dol.gov/compliance/laws/comp-cwhssa.htm

o Link to the Clean Air Act and the Clean Water Act: http://www.epa.gov/lawsregs/laws/index.html

17. It is prohibited to use Federal Funds for Lobbying - Byrd Anti-Lobbying Amendment (Section

319 of Public Law 101-121)

18. Access and Retention of Records (24 CFR 92.508): The HOME recipient, the State of California, the U.S. Department of Housing and Urban Development, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to this specific contract, for the purpose of making audit, examination, excerpts, and transcriptions. Under State HOME regulations all required records must be maintained by the contractor for five years after grantee makes final payments and all other pending matters are closed (this is two years longer than the federal requirement of three years).

19. LAHD requires all Certified Payrolls to be submitted through LCP Tracker. LAHD will activate

this account for the General Contractors. General Contractors are required to complete the Prime Approver training course provided by LCP Tracker. Please contact Christina Nagel, Project manager at LCP Tracker, for more information at 714-669-0052 x107 and http://www.lcptracker.com to get started. Applicable only to projects beginning construction after September 1, 2011.

ONLY FOR STATE FUNDED PROJECTS

20. On projects with applicable state funding that are 4 stories or less in height, the developer can

obtain a State Residential Prevailing Wage Rate determination from the State Department of Industrial Relations (DIR). Note: State Residential Wage Determinations are now being issued online on demand; for more information go to: http://www.dir.ca.gov/dlsr/Residential/reslist.html. Without obtaining a State Residential Prevailing Wage Rate determination, the General or Commercial State Prevailing Wage Rate will be applicable on the project. Note: the General or Commercial Wage Rate must be paid to workers with job classifications not found on the State Residential Prevailing Wage Rate determination.

21. If applying for a State Residential Prevailing Wage Rate determination the owner cannot sign the contract with its general contractor before obtaining the wage determination and it cannot put the job out to bid for 45 days from the issuance of the request to the State DIR.

22. All contractors on state funded projects must hire apprentices or pay into a state

apprenticeship fund. Here is the link to the State Division of Apprenticeship Standards programs list: http://www.dir.ca.gov/databases/das/aigstart.asp

23. For more information on state prevailing wages go to:

http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm

AUTHORIZED SIGNATORY SIGNATURE COMPANY NAME

AUTHORIZED SIGNATORY NAME AND TITLE DATE

Subcontractor Company Name

Authorized Signatory Signature

Print Name of Authorized Signatory

Date

A-4.4

I

LABOR COMPLIANCE UNIT SCHEDULE OF FINES

VIOLATION MAXIMUM FINE

1) Failure 10 submil payrolls: $25 Per Calenaar Day

2) Failure to submit revised I correcled payrolls: $500 Per Payron

3) Under payment of workers: , $50, Per Worker Per Day

4) Payrolls Delinquen!: 30 days after work commenced: 60 days after work commenced: 90 days after work commenced:

Ovcr 90 days after work commenced:

5) Failute 10 submit Employee Information Sheels: $100 ' Per Worker

6) Contracts and Compliance Documents submitted .' 30 days after work commenced: $250

60 days after work commenced: $500 90 days after work commenced: $750

Over 90 days after work commenced: S1.000

7) Workers interviewed on job-site bul 001 on Certified-,Payrolls: $500 -. Per Worker Per Incident

8) F~ilure to pay proper overtime wages: $10 Per Worker Per Day overtime was worked

9)' Interference with LAHD conducting on-site interviews: $5,000

1-0) Failure to post appropriate wage'decision at jOb site: $1,000 " ", 11) Failure to pay wage restitution in a timely fashion

60 to 89 days after notification: $500 Per Worker 90 to i 20 days after notification:' $750 PeiWorker Over 120 days after notification: ' $1,QOO PerWoiker

'12) Work~rs interviewed on site after Final Payroll submltled $1,000

13) Wpil<ers paid bl'weeidy vs weekly $500 Per PayrOll

1'4) Failure to submit requested cancelled checks. $100 , Per Check

15) Failure to submitleHer from wpikerauthorizing $100 PerWoiker supplemental deductions from paychecK

16) Submission of falsified documents $5,000

17) Failure to :allow access to documentation (eg. Sign-in sheets) $1,000

18) Payment of restitution directly to the worker vs the Cily $250. Per Worker

I acknowledge and accept that fines will be imposed for non-compliance.

911812006

CONTRACTOR’S ACKNOWLEDGEMENT OF RECEIPT OF HUD 4010 AND HUD 2554

The Contractor certifies receipt of HUD 4010: “Federal Labor Standards Provisions’ and HUD 2554 ‘Supplementary Conditions of the Contract for Construction.” Verification may be obtained from any source named herein. The Contractor agrees to abide by the requirements set forth therein in connection with any loan that may be made by the Government pursuant to this application. Signature Date Name Title Project Name Company PENALTY FOR FALSE OR FRAUDULENT STATEMENT USC TITLE 18, SEC. 1001, PROVIDES: “Whoever, in any matter within jurisdiction of any department or agency of the United States knowingly and willfully falsifies … or make any false, fictitious, or fraudulent statements or representations, or makes or uses false writing or document knowing the same to contain any false, fictitious, or fraudulent statement on entry, shall be fined not more than $10,000 or imprisoned not more than five years or both.”

form HUD-2554 (12/20/2005)ref. Handbook 4571.1Replaces FHA-2554 which is obsolete. Page 1 of 4

Supplementary Conditions ofthe Contract for Construction

Article 1 – Labor StandardsInstructionsWhenever only FHA mortgage insurance is involved, use paragraph(A) and (C) of Article 1 – Labor Standards. Whenever any direct formof assistance (Section 8, Section 202/811 Capital Advance, grantsetc.) is involved, use paragraphs (A) and (B) and (C) of Article 1 –Labor Standards.ApplicabilityThe Project or Program to which the construction work covered bythis contract pertains is being assisted or insured by the UnitedStates of America and the following Federal Labor Standards Provi-sions are included in this Contract or related instrument pursuant to theprovisions applicable to such Federal assistance or insurance.A. 1. (i) Minimum Wages. All laborers and mechanics employedor working upon the site of the work (or under the United StatesHousing Act of 1937 or under the Housing Act of 1949 in theconstruction or development of the project), will be paid uncondition-ally and not less often than once a week, and without subsequentdeduction or rebate on any account (except such payroll deductionsas are permitted by regulations issued by the Secretary of Laborunder the Copeland Act (29 CFR Part 3), the full amount of wagesand bona fide fringe benefits (or cash equivalents thereof) due attime of payment computed at rates not less than those contained inthe wage determination of the Secretary of Labor which is attachedhereto and made a part hereof, regardless of any contractualrelationship which may be alleged to exist between the contractorand such laborers and mechanics. Contributions made or costsreasonably anticipated for bona fide fringe benefits under Section1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanicsare considered wages paid to such laborers or mechanics, subjectto the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributionsmade or costs incurred for more than a weekly period (but not lessoften than quarterly) under plans, funds, or programs, which coverthe particular weekly period, are deemed to be constructively madeor incurred during such weekly period.

Such laborers and mechanics shall be paid the appropriate wagerate and fringe benefits on the wage determination for the classifica-tion of work actually performed, without regard to skill, except asprovided in 29 CFR Part 5.5(a)(4). Laborers or mechanics perform-ing work in more than one classification may be compensated at therate specified for each classification for the time actually workedtherein: Provided, That the employer's payroll records accurately setforth the time spent in each classification in which work is performed.The wage determination (including any additional classification andwage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractorand its subcontractors at the site of the work in a prominent andaccessible place where it can be easily seen by the workers.

(ii) (a) Any class of laborers or mechanics which is notlisted in the wage determination and which is to be employed underthe contract shall be classified in conformance with the wagedetermination. HUD shall approve an additional classification andwage rate and fringe benefits therefore only when the followingcriteria have been met:

(1) The work to be performed by the classification

requested is not performed by a classification in thewage determination; and

(2) The classification is utilized in the area by theconstruction industry; and(3) The proposed wage rate, including any bona fidefringe benefits, bears a reasonable relationship to thewage 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 appropri-ate), a report of the action taken shall be sent by HUD or its designeeto the Administrator of the Wage and Hour Division, EmploymentStandards Administration, U.S. Department of Labor, Washington,D.C. 20210. The Administrator, or an authorized representative, willapprove, modify, or disapprove every additional classification actionwithin 30 days of receipt and so advise HUD or its designee or willnotify HUD or its designee within the 30-day period that additionaltime is necessary. (Approved by the Office of Management andBudget under OMB control number 1215-0140.)

(c) In the event the contractor, the laborers or mechan-ics to be employed in the classification or their representatives, andHUD or its designee do not agree on the proposed classification andwage 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 recommendationof HUD or its designee, to the Administrator for determination. TheAdministrator, or an authorized representative, will issue a determi-nation within 30 days of receipt and so advise HUD or its designeeor will notify HUD or its designee within the 30-day period thatadditional time is necessary. (Approved by the Office of Manage-ment and Budget under OMB Control Number 1215-0140.)

(d) The wage rate (including fringe benefits whereappropriate) determined pursuant to subparagraphs A.1.(ii)(b) or (c)of this paragraph, shall be paid to all workers performing work in theclassification under this contract from the first day on which work isperformed in the classification.

(iii) Whenever the minimum wage rate prescribed in thecontract for a class of laborers or mechanics includes a fringe benefitwhich is not expressed as an hourly rate, the contractor shall eitherpay the benefit as stated in the wage determination or shall payanother bona fide fringe benefit or an hourly cash equivalent thereof.

(iv) If the contractor does not make payments to a trustee orother third person, the contractor may consider as part of the wagesof any laborer or mechanic the amount of any costs reasonablyanticipated in providing bona fide fringe benefits under a plan orprogram, Provided, That the Secretary of Labor has found, upon thewritten request of the contractor, that the applicable standards of theDavis-Bacon Act have been met. The Secretary of Labor may requirethe contractor to set aside in a separate account assets for the meetingof obligations under the plan or program. (Approved by the Office ofManagement and Budget under OMB Control Number 1215-0140.)

2. Withholding. HUD or its designee shall upon its own actionor upon written request of an authorized representative of theDepartment of Labor withhold or cause to be withheld from thecontractor under this contract or any other Federal contract with the

U.S. Department of Housingand Urban DevelopmentOffice of HousingFederal Housing Commissioner

Public reporting burden for this collection of information is estimated to average 30 minutes per response, including the time for reviewing instructions,searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This informa-tion is required to obtain benefits and voluntary. HUD may not collect this information, and you are not required to complete this form, unless it displaysa currently valid OMB control number.

This information collection is necessary to ensure that viable projects are developed. It is important to obtain information from applicants to assistHUD in determining if nonprofit organizations initially funded continue to have the financial and administrative capacity needed to develop a project andthat the project design meets the needs of the residents. The Department will use this information to sets forth the obligations of the contractor orsubcontractor performing under the covered contract. This information is required in order to obtain benefits. This information is considered non-

sensitive and no assurance of confidentiality is provided.

OMB Approval No. 2502-0470(Expires 5/31/2010)

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same prime contractor, or any other Federally-assisted contractsubject to Davis-Bacon prevailing wage requirements, which is heldby the same prime contractor so much of the accrued payments oradvances as may be considered necessary to pay laborers andmechanics, including apprentices, trainees and helpers, employedby the contractor or any subcontractor the full amount of wagesrequired by the contract. In the event of failure to pay any laborer ormechanic, including any apprentice, trainee or helper, employed orworking on the site of the work (or under the United States HousingAct of 1937 or under the Housing Act of 1949 in the construction ordevelopment of the project), all or part of the wages required by thecontract, HUD or its designee may, after written notice to thecontractor, sponsor, applicant, or owner, take such action as may benecessary to cause the suspension of any further payment, ad-vance, or guarantee of funds until such violations have ceased. HUDor its designee may, after written notice to the contractor, disbursesuch amounts withheld for and on account of the contractor orsubcontractor to the respective employees to whom they are due. TheComptroller General shall make such disbursements in the case ofdirect Davis-Bacon Act contracts.

3. (i) Payrolls and basic records. Payrolls and basic recordsrelating thereto shall be maintained by the contractor during the courseof the work and preserved for a period of three years thereafter for alllaborers and mechanics working at the site of the work (or under theUnited States Housing Act of 1937, or under the Housing Act of 1949,in the construction or development of the project). Such records shallcontain the name, address, and social security number of each suchworker, his or her correct classification, hourly rates of wages paid(including rates of contributions or costs anticipated for bona fide fringebenefits or cash equivalents thereof of the types described in Section1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hoursworked, deductions made and actual wages paid. Whenever theSecretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wagesof any laborer or mechanic include the amount of any costs reasonablyanticipated in providing benefits under a plan or program described inSection 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintainrecords which show that the commitment to provide such benefits isenforceable, that the plan or program is financially responsible, and thatthe plan or program has been communicated in writing to the laborersor mechanics affected, and records which show the costs anticipated orthe actual cost incurred in providing such benefits. Contractors employ-ing apprentices or trainees under approved programs shall maintainwritten evidence of the registration of apprenticeship programs andcertification of trainee programs, the registration of the apprentices andtrainees, and the ratios and wage rates prescribed in the applicableprograms. (Approved by the Office of Management and budget underOMB Control Numbers 1215-0140 and 1215-0017.)

(ii) (a) The contractor shall submit weekly for each week inwhich any contract work is performed a copy of all payrolls to HUDor its designee if the agency is a party to the contract, but if theagency is not such a party, the contractor will submit the payrolls tothe applicant, sponsor, or owner, as the case may be, for transmis-sion to HUD or its designee. The payrolls submitted shall set outaccurately and completely all of the information required to bemaintained under 29 CFR Part 5.5(a)(3)(i). This information may besubmitted in any form desired. Optional Form WH-347 is available forthis purpose and may be purchased from the Superintendent ofDocuments (Federal Stock Number 029-005-00014-1), U.S. Gov-ernment Printing Office, Washington, D.C. 20402. The prime con-tractor is responsible for the submission of copies of payrolls by allsubcontractors. (Approved by the Office of Management and Budgetunder OMB Control Number 1215-0149.)

(b) Each payroll submitted shall be accompanied by a“Statement of Compliance,” signed by the contractor or subcontrac-tor or his or her agent who pays or supervises the payment of thepersons employed under the contract and shall certify the following:

(1) That the payroll for the payroll period contains theinformation required to be maintained under 29 CFRPart 5.5(a)(3)(i) and that such information is correct andcomplete;(2) That each laborer or mechanic (including each

helper, apprentice, and trainee) employed on the con-tract during the payroll period has been paid the fullweekly wages earned, without rebate, either directly orindirectly, and that no deductions have been made eitherdirectly or indirectly from the full wages earned, otherthan permissable deductions as set forth in 29 CFR Part3;(3) That each laborer or mechanic has been paid notless than the applicable wage rates and fringe benefitsor cash equivalents for the classification of work per-formed, as specified in the applicable wage determina-tion incorporated into the contract.(c) The weekly submission of a properly executed

certification set forth on the reverse side of Optional Form WH-347shall satisfy the requirement for submission of the “Statement ofCompliance” required by paragraph A.3.(ii)(b) of this section.

(d) The falsification of any of the above certificationsmay subject the contractor or subcontractor to civil or criminalprosecution under Section 1001 of Title 18 and Section 231 of Title31 of the United States Code.

(iii) The contractor or subcontractor shall make the recordsrequired under paragraph A.3.(i) of this section available for inspec-tion, copying, or transcription by authorized representatives of HUDor its designee or the Department of Labor, and shall permit suchrepresentatives to interview employees during working hours on thejob. If the contractor or subcontractor fails to submit the requiredrecords or to make them available, HUD or its designee may, afterwritten notice to the contractor, sponsor, applicant, or owner, takesuch action as may be necessary to cause the suspension of anyfurther payment, advance, or guarantee of funds. Furthermore,failure to submit the required records upon request or to make suchrecords available may be grounds for debarment action pursuant to29 CFR Part 5.12.

4. (i) Apprentices and Trainees. Apprentices. Apprenticeswill be permitted to work at less than the predetermined rate for thework they performed when they are employed pursuant to andindividually registered in a bona fide apprenticeship program regis-tered with the U.S. Department of Labor, Employment and TrainingAdministration, Bureau of Apprenticeship and Training, or with aState Apprenticeship Agency recognized by the Bureau, or if aperson is employed in his or her first 90 days of probationaryemployment as an apprentice in such an apprenticeship program,who is not individually registered in the program, but who has beencertified by the Bureau of Apprenticeship and Training or a StateApprenticeship Agency (where appropriate) to be eligible for proba-tionary employment as an apprentice. The allowable ratio of appren-tices to journeymen on the job site in any craft classification shall notbe greater than the ratio permitted to the contractor as to the entirework force under the registered program. Any worker listed on apayroll at an apprentice wage rate, who is not registered or otherwiseemployed as stated above, shall be paid not less than the applicablewage rate on the wage determination for the classification of workactually performed. In addition, any apprentice performing work onthe job site in excess of the ratio permitted under the registeredprogram shall be paid not less than the applicable wage rate on thewage determination for the work actually performed. Where a con-tractor is performing construction on a project in a locality other thanthat in which its program is registered, the ratios and wage rates(expressed in percentages of the journeyman's hourly rate) speci-fied in the contractor's or subcontractor's registered program shall beobserved. Every apprentice must be paid at not less than the ratespecified in the registered program for the apprentice's level ofprogress, expressed as a percentage of the journeymen hourly ratespecified in the applicable wage determination. Apprentices shall bepaid fringe benefits in accordance with the provisions of the appren-ticeship program. If the apprenticeship program does not specifyfringe benefits, apprentices must be paid the full amount of fringebenefits listed on the wage determination for the applicable classifi-cation. If the Administrator determines that a different practiceprevails for the applicable apprentice classification, fringes shall bepaid in accordance with that determination. In the event the Bureau

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of Apprenticeship and Training, or a State Apprenticeship Agencyrecognized by the Bureau, withdraws approval of an apprenticeshipprogram, the contractor will no longer be permitted to utilize appren-tices at less than the applicable predetermined rate for the workperformed until an acceptable program is approved.

(ii) Trainees. Except as provided in 29 CFR 5.16, traineeswill not be permitted to work at less than the predetermined rate forthe work performed unless they are employed pursuant to andindividually registered in a program which has received prior ap-proval, evidenced by formal certification by the U.S. Department ofLabor, Employment and Training Administration. The ratio of train-ees to journeymen on the job site shall not be greater than permittedunder the plan approved by the Employment and Training Adminis-tration. Every trainee must be paid at not less than the rate specifiedin the approved program for the trainee's level of progress, ex-pressed as a percentage of the journeyman's hourly rate specified inthe applicable wage determination. Trainees shall be paid fringebenefits in accordance with the provisions of the trainee program. Ifthe trainee program does not mention fringe benefits, trainees shallbe paid the full amount of fringe benefits listed on the wage determi-nation unless the Administrator of the Wage and Hour Divisiondetermines that there is an apprenticeship program associated withthe corresponding journeyman wage rate on the wage determinationwhich provides for less than full fringe benefits for apprentices. Anyemployee listed on the payroll at a trainee rate who is not registeredand participating in a training plan approved by the Employment andTraining Administration shall be paid not less than the applicablewage rate on the wage determination for the classification of workactually performed. In addition, any trainee performing work on thejob site in excess of the ratio permitted under the registered programshall be paid not less than the applicable wage rate on the wagedetermination for the work actually performed. In the event theEmployment and Training Administration withdraws approval of atraining program, the contractor will no longer be permitted to utilizetrainees at less than the applicable predetermined rate for the workperformed until an acceptable program is approved.

(iii) Equal employment opportunity. The utilization ofapprentices, trainees and journeymen under this part shall be inconformity with the equal employment opportunity requirements ofExecutive Order 11246, as amended, and 29 CFR Part 30.

5. Compliance with Copeland Act Requirements. The con-tractor shall comply with the requirements of 29 CFR Part 3 which areincorporated by reference in this contract.

6. Subcontracts. The contractor or subcontractor will insert inany subcontracts the clauses contained in 29 CFR 5.5(a)(1) through(10) and such other clauses as HUD or its designee may beappropriate instructions require, and also a clause requiring thesubcontractors to include these clauses in any lower tier subcon-tracts. The prime contractor shall be responsible for the complianceby any subcontractor or lower tier subcontractor with all the contractclauses in 29 CFR Part 5.5.

7. Contract termination; debarment. A breach of the contractclauses in 29 CFR 5.5 may be grounds for termination of the contract,and for debarment as a contractor and a subcontractor as providedin 29 CFR 5.12.

8. Compliance with Davis-Bacon and Related Act Require-ments. All rulings and interpretations of the Davis-Bacon andRelated Acts contained in 29 CFR Parts 1, 3, and 5 are hereinincorporated by reference in this contract.

9. Disputes concerning labor standards. Disputes arisingout of the labor standards provisions of this contract shall not besubject to the general disputes clause of this contract. Such disputesshall be resolved in accordance with the procedures of the Depart-ment of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes withinthe 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 contractthe contractor certifies neither it (nor he or she) nor any person or firmwho has an interest in the contractor's firm is a person or firm

ineligible to be awarded Government contracts by virtue of Section3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awardedHUD contracts or participate in HUD programs pursuant to 24 CFRPart 24.

(ii) No part of this contract shall be subcontracted to anyperson or firm ineligible for award of a Government contract by virtueof Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to beawarded HUD contracts or participate in HUD programs pursuant to24 CFR Part 24.

(iii) The penalty for making false statements is prescribed inthe U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. CriminalCode, Section 1010, Title 18, U.S.C., “Federal Housing Administra-tion 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 twoyears, or both.”

B. Contract Work Hours and Safety Standards Act. As used inthis paragraph, the terms “laborers” and “mechanics” include watch-men and guards.

1. Overtime requirements. No contractor or subcontractorcontracting for any part of the contract work which may require orinvolve the employment of laborers or mechanics shall require orpermit any such laborer or mechanic in any workweek in which he orshe is employed on such work to work in excess of forty hours in suchworkweek unless such laborer or mechanic receives compensationat a rate not less than one and one-half times the basic rate of payfor all hours worked in excess of forty hours in such workweek.

2. Violation; liability for unpaid wages, liquidated damages. Inthe event of any violation of the clause set forth in subparagraph (1)of this paragraph, the contractor and any subcontractor responsibletherefore shall be liable for the unpaid wages. In addition, suchcontractor and subcontractor shall be liable to the United States (inthe case of work done under contract for the District of Columbia ora territory, to such District or to such territory), for liquidated dam-ages. Such liquidated damages shall be computed with respect toeach individual laborer or mechanic, including watchmen and guards,employed in violation of the clause set forth in subparagraph (1) ofthis paragraph, in the sum of $10 for each calendar day on whichsuch individual was required or permitted to work in excess of thestandard workweek of forty hours without payment of the overtimewages required by the clause set forth in subparagraph (1) of thisparagraph.

3. Withholding for unpaid wages and liquidated damages.HUD or its designee shall upon its own action or upon written requestof an authorized representative of the Department of Labor withholdor cause to be withheld, from any moneys payable on account ofwork performed by the contractor or subcontractor under any suchcontract or any other Federal contract with the same prime contrac-tor, or any other Federally-assisted contract subject to the ContractWork Hours and Safety Standards Act, which is held by the sameprime contractor such sums as may be determined to be necessaryto satisfy any liabilities of such contractor or subcontractor for unpaidwages and liquidated damages as provided in the clause set forth insubparagraph (2) of this paragraph.

4. Subcontracts. The contractor or subcontractor shall insert inany subcontracts the clauses set forth in subparagraph (1) through(4) of this paragraph and also a clause requiring the subcontractorsto include these clauses in any lower tier subcontracts. The primecontractor shall be responsible for compliance by any subcontractoror lower tier subcontractor with the clauses set forth in subpara-graphs (1) through (4) of this paragraph.

C. The Contractor will be required to execute FHA Form No. 2403-A, Contractor's Prevailing Wage Certificate, as a condition prece-dent to insurance by the Federal Housing Administration of thatcertain mortgage loan, or an advance thereof, made or to be madeby the mortgagee in connection with the construction of the project.

Article 2 – Equal Employment OpportunityThe applicant hereby agrees that it will incorporate or cause to be

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incorporated into any contract for construction work, or modificationthereof, as defined in the regulations of the Secretary of Labor at 41CFR Chapter 60, which is paid for in whole or in part with fundsobtained from the Federal Government or borrowed on the credit ofthe Federal Government pursuant to a grant, contract, loan insur-ance, or guarantee, or undertaken pursuant to any Federal programinvolving such grant, contract, loan, insurance, or guarantee, thefollowing equal opportunity clause:During the performance of this contract, the Contractor agrees asfollows:

A. The Contractor will not discriminate against any employee orapplicant for employment because of race, color, religion, sex, ornational origin. The Contractor will take affirmative action to ensurethat applicants are employed, and that employees are treated duringemployment without regard to their race, color, religion, sex ornational origin. Such action shall include, but not be limited to thefollowing: Employment, upgrading, demotion, or transfer; recruit-ment or recruitment advertising; layoff or termination; rates of pay orother forms of compensation; and selection for training includingapprenticeship. The Contractor agrees to post in conspicuous placesavailable to employees and applicants for employment notices to beprovided setting forth the provisions of this nondiscrimination clause.

B. The Contractor will, in all solicitations or advertisements foremployees placed by or on behalf of the Contractor state that allqualified applicants will receive consideration for employment with-out regard to race, color, religion, sex, or national origin.C. The Contractor will send to each labor union or representative ofworkers with which it has a collective bargaining agreement or othercontract or understanding a notice to be provided advising the saidlabor union or workers representatives of the Contractor's commit-ments hereunder, and shall post copies of the notice in conspicuousplaces available to employees and applicants for employment.D. The Contractor will comply with all provisions of Executive Order11246 of September 24, 1965 and of the rules, regulations, andrelevant orders of the Secretary of Labor.E. The Contractor will furnish all information and reports required byExecutive Order 11246 of September 24, 1965, and by rules,regulations, and orders of the Secretary of Labor, or pursuantthereto, and will permit access to its books, records, and accounts bythe Secretary of Labor for purposes of investigation to ascertaincompliance with such rules, regulations, and orders.F. In the event of the Contractor's noncompliance with the nondis-crimination clauses of this contract or with any of the said rules,regulations, or orders, this contract may be canceled, terminated, orsuspended in whole or in part and the Contractor may be declaredineligible for further government contracts or federally assistedconstruction contracts in accordance with procedures authorized inExecutive Order 11246 of September 24, 1965, and such othersanctions may be imposed and remedies invoked as provided inExecutive Order 11246 of September 24, 1965, or by rule, regulationsor order of the Secretary of Labor, or as otherwise provided by law.G. The Contractor will include the portion of the sentence immedi-ately preceding paragraph A and the provisions of paragraphs Athrough G in every subcontract or purchase order unless exemptedby rules, regulations, or orders of the Secretary of Labor issuedpursuant to Section 204 of Executive Order 11246 of September 24,1965, so that such provisions will be binding upon each subcontrac-tor or vendor. The Contractor will take such action with respect to anysubcontract or purchase order as the Secretary of Housing andUrban Development or the Secretary of Labor may direct as a meansof enforcing such provisions, including sanctions for noncompli-ance. Provided, however, that in the event the Contractor becomesinvolved in, or is threatened with, litigation with a subcontractor orvendor as a result of such direction by the Secretary of Housing andUrban Development or the Secretary of Labor, the Contractor mayrequest the United States to ener into such litigation to protect theinterests of the United States.

H. The applicant further agrees that it will be bound by the aboveequal opportunity clause with respect to its own employment prac-tices when it participates in federally assisted construction work:

Provided, That if the applicant so participating is a State or localgovernment, the above equal opportunity clause is not applicable toany agency, instrumentality or subdivision of such governmentwhich does not participate in work on or under the contract.I. The applicant agrees that it will assist and cooperate actively withthe administering agency and the Secretary of Labor in obtaining thecompliance of contractors and subcontractors with the equal oppor-tunity clause and the rules, regulations, and relevant orders of theSecretary of Labor, that it will furnish the administering agency andthe Secretary of Labor such information as they may require for thesupervision of such compliance, and that it will otherwise assist theadministering agency in the discharge of the agency's primaryresponsibility for securing compliance.J. The applicant further agrees that it will refrain from entering intoany contract or contract modification subject to Executive Order11246 of September 24, 1965, with a contractor debarred from, orwho has not demonstrated eligibility for, Government contracts andfederally assisted construction contracts pursuant to the Executiveorder and will carry out such sanctions and penalties for violation ofthe equal opportunity clause as may be imposed upon contractorsand subcontractors by the administering agency or the Secretary ofLabor pursuant to Part II, Subpart D of the Executive order. Inaddition, the applicant agrees that if it fails or refuses to comply withthese undertakings, the administering agency may take any or all ofthe following actions: Cancel, terminate, or suspend in whole or inpart this grant (contract, loan, insurance, guarantee); refrain fromextending any further assistance to the applicant under the programwith respect to which the failure or refund occurred until satisfactoryassurance of future compliance has been received from such appli-cant; and refer the case to the Department of Justice for appropriatelegal proceedings.

Article 3 – Equal Opportunity for Businesses and LowerIncome Persons Located Within the Project Area(Applicable to Section 236 projects, where the estimated replace-ment cost of the project as determined by the Secretary of Housingand Urban Development exceeds $500,000, and to all projects,including Section 236 regardless of estimated replacement cost,receiving rent supplement assistance under Title I, Section 101 of theHousing and Urban Development Act of 1965.)A. The work to be performed under this contract is on a projectassisted under a program providing direct Federal financial assis-tance from the Department of Housing and Urban Development andis subject to the requirements of Section 3 of the Housing and UrbanDevelopment Act of 1968, as amended, 12 U.S.C. 1701u. Section 3requires that to the greatest extent feasible opportunities for trainingand employment be given lower income residents of the unit of localgovernment or the metropolitan area (or nonmetropolitan county) asdetermined by the Secretary of Housing and Urban Development inwhich the projects located and contracts for work in connection withthe project be awarded to business concerns which are located in, orowned in substantial part by persons residing in the same metropoli-tan area (or nonmetropolitan county) as the project.

Article 4 – Health and SafetyA. No laborer or mechanic shall be required to work in surroundingssor under working conditions which are unsanitary, hazardous, ordangerous to his health and safety as determined under constructionsafety and health standards promulgated by the Secretary of Laborby regulation.B. The Contractor shall comply with all regulations issued by theSecretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518)and failure to comply may result in imposition of sanctions pursuantto the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96).C. The Contractor shall include the provisions of this Article in everysubcontract so that such provisions will be binding on each subcon-tractor. The Contractor shall take such action with respect to anysubcontract as the Secretary of Housing and Urban Development ofthe Secretary of Labor shall direct as a means of enforcing suchprovisions.

Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Office of Labor Relations

Previous editions are obsolete

Page 1 of 5

form HUD-4010 (06/2009) ref. Handbook 1344.1

Applicabil ity

The Project or Program to which the construct ion work covered by this contract pertains is being assisted by the United States of America and the fol lowing Federal Labor Standards Provisions are included in this Contract pursuant to the provisions appl icable to such Federal assistance.

A. 1. (i ) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, wi l l be paid uncondit ional ly and not less often than once a week, and without subsequent deduct ion or rebate on an y account (except such payrol l deduct ions as are permit ted by regulat ions issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the fu l l amount of wages and bona f ide fr inge benefi ts (or cash equivalents thereof) due at t ime of payment computed at rates not less than those contained in the wage determinat ion of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relat ionship which may be al leged to exist between the contractor and such laborers and m echanics. Contribut ions made or costs reasonably ant ic ipated for bona f ide fr inge benef i ts under Sect ion 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 contribut ions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the part icular weekly period, are deemed to be construct ively made or incurred during such weekly period.

Such laborers and mechanics shal l be paid the appropriate wage rate and fr inge benefi ts on the wage determinat ion for the classif icat ion of work actual ly performed, without regard to ski l l , except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classif icat ion may be compensated at the rate specif ied for each classif icat ion for the t ime actual ly worked therein: Provided, That the employer’s payrol l records accurately set forth the t ime spent in each classif icat ion in which work is performed. The wage determinat ion (including any addit ional c lassif icat ion and wage rates conformed under 29 CFR 5.5(a)(1)(i i ) and the Davis-Bacon poster (WH-1321) shal l be pos ted at al l t imes by the contractor and i ts subcontractors at the site of the work in a prominent and accessible, place where i t can be eas i ly seen by the workers.

(i i ) (a) Any class of laborers or mechanics which is not l isted in the wage determinat ion and which is to be employed under the contract shal l be c lassif ied in conformance with the wage determinat ion. H UD shal l approve an addit ional c lassif icat ion and wage rate and fr inge benefi ts therefor only when the fol lowing cri ter ia have been met:

(1) The work to be performed by the classif icat ion requested is not performed by a classif icat ion in the wage determinat ion; and

(2) The classif icat ion is ut i l ized in the area by the construct ion industry; and

(3) The proposed wage rate, including any bona f ide fr inge benefi ts, bears a reasonable relat ionship to the wage rates contained in the wage determinat ion.

(b) I f the contractor and the laborers and mechanics to be employed in the classif icat ion (i f known), or their representat ives, and HUD or i ts designee agree on the classif icat ion and wage rate (including the amount designated for fr inge benefi ts where appropriate), a r eport of the act ion taken shal l be sent by HUD or i ts designee to the Administrator of the Wage and Hour Divis ion, Employment Standards Administrat ion, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representat ive, wi l l approve, modify, or disapprove every addit ional c lassif icat ion act ion within 30 days of receipt and so advise HUD or i ts designee or wi l l not i fy HUD or i ts designee within the 30-day period that addit ional t ime is necessary. (Approved by the Off ice of Management and Budget under OMB control number 1215-0140.)

(c) In the event the contractor, the laborers or mechanics to be em ployed in the classif icat ion or their representat ives, and H UD or i ts designee do not agree on the proposed classif icat ion and wage rate (including the amount designated for f r inge benefi ts, where appropriate), HUD or i ts designee shal l refer the quest ions, including the views of al l interested part ies and the recommendation of HUD or i ts designee, to the Administrator for determinat ion. T he Administrator, or an a uthorized representat ive, wi l l issue a determinat ion within 30 days of receipt and s o advise HUD or i ts designee or wi l l not i fy HUD or i ts designee within the 30-day period that addit ional t ime is necessary. (Approved by the Off ice of Management and Budget under OMB Control Number 1215-0140.)

(d) The wage rate (including fr inge benefi ts where appropriate) determined pursuant to subparagraphs (1)(i i ) (b) or (c) of this paragraph, shal l be paid to al l workers performing work in the classif icat ion under th is contract from the f irst day on which work is performed in the classif icat ion.

(i i i ) Whenever the minimum wage rate prescribed in the contract for a c lass of laborers or mechanics includes a fr inge benefi t which is not expressed as an hourly rate, the contractor shal l ei ther pay the benefi t as stated in the wage determinat ion or shal l pay another bona f ide fr inge benefi t or an hourly cash equivalent thereof.

(iv) I f the contractor does not make payments to a t rustee or other third person, the contractor may consider as part

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of the wages of any laborer or mechanic the amount of any costs reasonably ant ic ipated in providing bona f ide fr inge benefi ts under a plan or program, Provided, That the Secretary of Labor has found, upon the writ ten request of the contractor, that the appl icable 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 obl igat ions under the plan or program. (Approved by the Off ice of Management and Budget under OMB Control Number 1215-0140.)

2. Withholding. HUD or i ts designee shal l upon i ts own act ion or upon writ ten request of an authorized representat ive 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 Federal ly-assisted contract subject to Davis-Bacon prevai l ing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be c onsidered necessary to pay laborers and m echanics, including apprent ices, trainees and helpers, employed by the contractor or any subcontractor the ful l amount of wages required by the contract In the event of fai lure to pay any laborer or mechanic, including any apprent ice, trainee or helper, employed or working on t he site of the work, al l or part of the wages required by the contract, HUD or i ts designee may, after wr i t ten not ice to the contractor, sponsor, appl icant, or owner, take such act ion as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds unt i l such violat ions have ceased. H UD or i ts designee may, after wri t ten not ice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respect ive employees to whom they are due. The Comptrol ler General shal l make such disbursements in the case of direct Davis-Bacon Act contracts.

3. (i) Payrolls and basic records. Payrol ls and basic records relat ing thereto shal l be m aintained by the contractor during the course of the work preserved for a period of three years thereafter for al l laborers and mechanics working at the si te of the work. Such records shal l contain the name, address, and social secur i ty number of each such worker, his or her correct c lassif icat ion, hourly rates of wages paid (including rates of contribut ions or costs ant ic ipated for bona f ide fr inge benefi ts or cash equivalents thereof of the types described in Sect ion l (b)(2)(B) of the Davis-bacon Act), dai ly and weekly number of hours worked, deduct ions made and actual wages paid. Whenever the Secretary of Labor has found under 29 C FR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably ant ic ipated in providing benefi ts under a plan or program described in Sect ion l(b)(2)(B) of the Davis-Bacon Act, the contractor shal l maintain records which show that the commitment to provide such benefi ts is enforceable, that the plan or program is f inancial ly responsible, and that the plan or program has been

communicated in writ ing to the laborers or mechanics affected, and records which show the costs ant ic ipated or the actual cost incurred in providing such benefi ts. Contractors employing apprent ices or trainees under approved programs shal l maintain wr it ten evidence of the registrat ion of apprent iceship programs and cert i f icat ion of trainee programs, the registrat ion of the apprent ices and trainees, and the rat ios and wage rates prescribed in the appl icable programs. (Approved by the Off ice of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.)

(i i ) (a) The contractor shal l submit weekly for each week in which any contract work is performed a copy of al l payrol ls to HUD or i ts designee i f the agency is a party to the contract, but i f the agency is not such a par ty, the contractor wi l l submit the payrol ls to the appl icant sponsor, or owner, as the case may be, for transmission to HUD or i ts designee. T he payrol ls submitted shal l set out accurately and completely al l of the information required to be m aintained under 29 CFR 5.5(a)(3)(i) except that ful l social securi ty numbers and home addresses shal l not be included on weekly transmittals. Instead the payrol ls shal l only need to include an i ndividual ly ident i fying number for each employee (e.g., the last four digits of the employee’s social securi ty number). The required weekly payrol l information may be s ubmitted in any form desired. Optional Form WH-347 is avai lable for th is purpose from the Wage and H our Divis ion Web site at http:/ /www.dol.gov/esa/whd/forms/wh347instr.htm or i ts successor site. T he prime contractor is responsible for the submission of copies of payrol ls by al l subcontractors. Contractors and s ubcontractors shal l maintain the ful l social securi ty number and current address of each covered worker, and shal l provide them upon request to HUD or i ts designee i f the agency is a party to the contract, but i f the agency is not such a p arty, the contractor wi l l submit the payrol ls to the appl icant sponsor, or owner, as the case may be, for transmission to HUD or i ts designee, the contractor, or the Wage and Hour Divis ion of the Department of Labor for purposes of an invest igat ion or audit of compliance with prevai l ing wage requirements. I t is not a v iolat ion of this subparagraph for a prime contractor to require a s ubcontractor to provide addresses and social securi ty numbers to the prime contractor for i ts own records, without weekly submission to HUD or i ts designee. (Approved by the Off ice of Management and Budget under OMB Control Number 1215-0149.)

(b) Each payrol l submitted shal l be accompanied by a “Statement of Compliance,” s igned by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shal l cert i fy the fol lowing:

(1) That the payrol l for the payrol l period contains the information required to be provided under 29 CFR 5.5 (a)(3)(i i ), the appropriate information is being maintained under 29 C FR 5.5(a)(3)(i), and t hat such information is correct and complete;

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(2) That each laborer or mechanic (including each helper, apprent ice, and trainee) employed on the contract during the payrol l period has been paid the ful l weekly wages earned, without rebate, either di rect ly or indi rect ly, and that no deduc t ions have been made either di rect ly or indirect ly from the ful l wages earned, other than permissible deduct ions as set forth in 29 CFR Part 3;

(3) That each laborer or mechanic has been paid not less than the appl icable wage rates and f r inge benefi ts or cash equivalents for the classif icat ion of work performed, as specif ied in the appl icable wage determinat ion incorporated into the contract.

(c) The weekly submission of a properly executed cert i f icat ion set forth on t he reverse side of Optional Form WH-347 shal l sat isfy the requirement for submission of the “Statement of Compliance” required by subparagraph A.3.(i i )(b).

(d) The fals i f icat ion of any of the above cert i f icat ions may subject the contractor or subcontractor to civi l or c riminal prosecut ion under Sect ion 1001 of Tit le 18 and Sect ion 231 of Tit le 31 of the United States Code.

(i i i ) The contractor or subcontractor shal l make the records required under subparagraph A.3.(i) avai lable for inspect ion, copying, or transcript ion by authorized representat ives of HUD or i ts designee or the Department of Labor, and shal l permit such representat ives to interview employees during working hours on the job. I f the contractor or subcontractor fai ls to submit the required records or to make them avai lable, HUD or i ts designee may, after wri t ten not ice to the contractor, sponsor, appl icant or owner, take such act ion as may be n ecessary to cause the suspension of any further payment, advance, or guarantee of funds. F urthermore, fai lure to submit the required records upon r equest or to make such records avai lable may be grounds for debarment act ion pursuant to 29 CFR 5.12.

4. Apprentices and Trainees.

(i ) Apprentices. Apprent ices wil l be permit ted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individual ly registered in a bona f ide apprent iceship program registered with the U.S. Department of Labor, Employment and T raining Administrat ion, Off ice of Apprent iceship Training, Employer and Labor Services, or with a S tate Apprent iceship Agency recognized by the Off ice, or i f a pe rson is employed in his or her f i rst 90 days of probat ionary employment as an appr ent ice in such an apprent iceship program, who is not individual ly registered in the program, but who has been cert i f ied by the Off ice of Apprent iceship Training, Employer and Labor Services or a S tate Apprent iceship Agency (where appropriate) to be el igible for probat ionary employment as an apprent ice. T he al lowable rat io of apprent ices to journeymen on t he job site in any craft c lassif icat ion shal l not be greater than the rat io permit ted to the contractor as to the ent ire work force under the registered program. Any worker l isted on a p ayrol l at an ap prent ice wage rate, who

is not registered or otherwise employed as stated above, shal l be paid not less than the appl icable wage rate on the wage determinat ion for the classif icat ion of work actual ly performed. In addit ion, any apprent ice performing work on the job site in excess of the rat io permit ted under the registered program shal l be paid not less than the appl icable wage rate on t he wage determinat ion for the work actual ly performed. Where a contractor is performing construct ion on a project in a l ocal i ty other than that in which i ts program is registered, the rat ios and wage rates (expressed in percentages of the journeyman’s hourly rate) specif ied in the contractor’s or subcontractor’s registered program shal l be obs erved. E very apprent ice must be pai d at not less than the rate specif ied in the registered program for the apprent ice’s level of progress, expressed as a percentage of the journeymen hourly rate specif ied in the appl icable wage determinat ion. Apprent ices shal l be paid fr inge benefi ts in accordance with the provisions of the apprent iceship program. I f the apprent iceship program does not specify fr inge benefi ts, apprent ices must be paid the ful l amount of f r inge benefi ts l isted on t he wage determinat ion for the appl icable classif icat ion. I f the Administrator determines that a dif ferent pract ice prevai ls for the appl icable apprent ice classif icat ion, fr inges shal l be paid in accordance with that determinat ion. I n the event the Off ice of Apprent iceship Training, Employer and Labor Services, or a S tate Apprent iceship Agency recognized by the Off ice, withdraws approval of an apprent iceship program, the contractor wi l l no longer be permit ted to ut i l ize apprent ices at less than the appl icable predetermined rate for the work performed unt i l an acceptable program is approved.

(i i ) Trainees. Except as provided in 29 CFR 5.16, trainees wil l not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant ‘ , to and individual ly registered in a program which has received prior approval, evidenced by formal cert i f icat ion by the U.S. Department of Labor, Employment and T raining Administrat ion. T he rat io of t rainees to journeymen on t he job site shal l not be greater than permit ted under the plan approved by the Employment and T raining Administrat ion. E very trainee must be pai d at not less than the rate specif ied in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specif ied in the appl icable wage determinat ion. Trainees shal l be paid fr inge benefi ts in accordance with the provisions of the trainee program. I f the trainee program does not mention fr inge benefi ts, t rainees shal l be pa id the ful l amount of f r inge benefi ts l isted on the wage determinat ion unless the Administrator of the Wage and Hour Divis ion determines that there is an apprent iceship program associated with the corresponding journeyman wage rate on the wage determinat ion which provides for less than ful l f r inge benefi ts for apprent ices. A ny employee l isted on the payrol l at a t rainee rate who is not registered and part ic ipat ing in a t raining plan approved by

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the Employment and T raining Administrat ion shal l be paid not less than the appl icable wage rate on t he wage determinat ion for the work actual ly performed. In addit ion, any trainee performing work on t he job site in excess of the rat io permit ted under the registered program shal l be paid not less than the appl icable wage rate on the wage determinat ion for the work actual ly performed. I n the event the Employment and T raining Administrat ion withdraws approval of a tra ining program, the contractor wi l l no l onger be permit ted to ut i l ize trainees at less than the appl icable predetermined rate for the work performed unt i l an acceptable program is approved.

(i i i ) Equal employment opportunity. The ut i l izat ion of apprent ices, trainees and journeymen under 29 CFR Part 5 shal l be i n conformity with the equal employment opportunity requirements of Execut ive Order 11246, as amended, and 29 CFR Part 30.

5. Compliance with Copeland Act requirements. The contractor shal l comply with the requirements of 29 C FR Part 3 which are incorporated by reference in this contract

6. Subcontracts. The contractor or subcontractor wi l l insert in any subcontracts the clauses contained in subparagraphs 1 t hrough 11 in th is paragraph A and such other clauses as HUD or i ts designee may by appropr iate instruct ions require, and a copy of the appl icable prevai l ing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower t ier subcontracts. T he prime contractor shal l be responsible for the compliance by any subcontractor or lower t ier subcontractor with al l the contract c lauses in this paragraph.

7. Contract termination; debarment. A breach of the contract c lauses in 29 C FR 5.5 may be grounds for terminat ion 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 rul ings and i nterpretat ions 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 aris ing out of the labor standards provisions of this contract shal l not be s ubject to the general disputes clause of this contract. Such disputes shal l 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 c lause include disputes between the contractor (or any of i ts subcontractors) and HUD or i ts designee, the U.S. Department of Labor, or the employees or their representat ives.

10. (i) Certification of Eligibil ity. By entering into th is contract the contractor cert i f ies that neither i t (nor he or she) nor any person or f i rm who has an interest in the contractor’s f i rm is a per son or f i rm inel igible to be awarded Government contracts by virtue of Sect ion 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be

awarded HUD contracts or part ic ipate in HUD programs pursuant to 24 CFR Part 24.

(i i ) No part of this contract shal l be subcontracted to any person or f i rm inel igible for award of a Government contract by virtue of Sect ion 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or part ic ipate in HUD programs pursuant to 24 CFR Part 24.

(i i i ) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Addit ional ly, U.S. Criminal Code, Sect ion 1 01 0, Tit le 18, U.S.C., “Federal Housing Administrat ion transact ions”, provides in part : “Whoever, for the purpose of . . . inf luencing in any way the act ion of such Administrat ion.. . . . makes, utters or publ ishes any statement knowing the same to be false. . . . . shal l be f ined 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 appl icable shal l be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has f i led any complaint or inst i tuted or caused to be i nst i tuted any proceeding or has test i f ied or is about to test i fy in any proceeding under or relat ing to the labor standards appl icable 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 hour s in such workweek.

(2) Violation; l iabil ity for unpaid wages; l iquidated damages. In the event of any violat ion of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shal l be l iable for the unpaid wages. I n addit ion, such contractor and subcontractor shal l be l iable to the United States (in the case of work done under contract for the District of Columbia or a terri tory, to such District or to such terri tory), for l iquidated damages. Such l iquidated damages shal l be computed with respect to each individual laborer or mechanic, including watchmen and g uards, employed in violat ion of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on w hich 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.

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(3) Withholding for unpaid wages and l iquidated damages. HUD or i ts designee shal l upon i ts own act ion or upon writ ten request of an authorized representat ive 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 Federal ly-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 sat isfy any l iabi l i t ies of such contractor or subcontractor for unpaid wages and l iquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph.

(4) Subcontracts. The contractor or subcontractor shal l 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 t ier subcontracts. T he prime contractor shal l be responsible for compliance by any subcontractor or lower t ier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph.

C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000.

(1) No laborer or mechanic shal l be required to work in surroundings or under working condit ions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construct ion safety and heal th standards promulgated by the Secretary of Labor by regulat ion.

(2) The Contractor shal l comply with al l regulat ions issued by the Secretary of Labor pursuant to Tit le 29 P art 1926 and fa i lure to comply may result in imposit ion of sanct ions pursuant to the Contract Work Hours and Safety Standards Act, (Publ ic Law 91-54, 83 S tat 96). 40 USC 3701 et seq.

(3) T he contractor shal l include the provisions of this paragraph in every subcontract so that such provisions wi l l be binding on each subcontractor. T he contractor shal l take such act ion with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shal l di rect as a means of enforcing such provisions.