Accordingly, when the City of Vista expends federal funds on such contracts, the City of Vista reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.
B. Termination for Cause and for Convenience (Contracts over $10,000). All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.
Accordingly, when the City of Vista expends federal funds on such contracts, the City of Vista reserves the right to immediately terminate the agreement in the event of a breach or default of the agreement by Vendor. A breach or default shall occur in the event Vendor fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract and/or the procurement solicitation. The City of Vista also reserves the right to terminate the contract immediately, with written notice to vendor, for convenience, if City believes, in its sole discretion that it is in the best interest of the City of Vista to do so. Vendor will be compensated for work performed and accepted and goods accepted by the City of Vista as of the termination date if the contract is terminated for convenience of the City of Vista. Any award under this procurement process is not exclusive and the City of Vista reserves the right to purchase goods and services from other vendors when it is in City of Vista’s best interest.
C. Equal Opportunity (Federally Assisted Construction Contracts). If the Agreement meets the definition of “federally assisted construction contract” under 41 CFR Part 60-1.3, the contractor agrees as follows:
1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.
The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, 08/08/2023 C10 341 of 489
CLFRF Federal Contract Requirements
including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
2. 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 race, color, religion, sex, sexual orientation, gender identity, or national origin.
3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
4. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
6. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
7. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
8. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
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CLFRF Federal Contract Requirements
The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
D. Contract Work Hours and Safety Standards Act (Contracts over $100,000 involving employment of mechanics or laborers). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.
These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
Accordingly, when the City of Vista expends federal funds on such contracts, Vendor certifies that it will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by the City of Vista resulting from this procurement process.
E. Clean Air Act (Contracts Over $150,000). For all contracts in excess of $150,000, Contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 U.S.C. 7401-7671q. Violations will be reported to the Department of Treasury and the Regional Office of the Environmental Protection Agency (EPA).
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CLFRF Federal Contract Requirements
F. Federal Water Pollution Control Act (Contracts Over $150,000). For all contracts in excess of $150,000, Contractor and all subcontractors shall comply with the requirements of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251-1387. Violations will be reported to the Department of Treasury and the Regional Office of the EPA.
G. Debarment and Suspension. City cannot make a contract award to parties listed on the governmentwide exclusion int eh System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension”.
Accordingly, Contractor shall not employ or otherwise use any Subcontractor, supplier, or equipment vendor at any tier that is on the governmentwide exclusions in the SAM. SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
H. Byrd Anti-Lobbying Amendment (Contracts Over $100,000). For all contracts in excess of $100,000, Contractors must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
I. Procurement of recovered materials. City and Contractor must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act by: (1) only procuring items designated in guidelines of the EPA at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
J. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment.
1. City and Contractor are prohibited from obligating or expending federal CLFR funds to:
a. Procure or obtain;
b. Extend or renew a contract to procure or obtain; or
c. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera 08/08/2023 C10 344 of 489
CLFRF Federal Contract Requirements
Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). ii) Telecommunications or video surveillance services provided by such entities or using such equipment.
iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
2. In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.
3. See Public Law 115-232, section 889 for additional information.
4. See also 2 CFR § 200.471.
K. Domestic Preferences for Procurements.
1. As appropriate and to the extent consistent with law, City should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.
2. For purposes of this section:
i) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
ii) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
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Appendix B:
Federal Labor Standards Provisions
and Federal Prevailing Wage Rates
(Exhibit B of the Construction Contract)
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Federal Labor Standards Provisions U.S. Department of Housing and Urban Development
Office of Labor Relations
Applicability
The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards
Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance.
A. 1. (i) Minimum Wages. All laborers and mechanics
employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR Part 3), the full amount of wages and bona f ide f ringe benefits (or cash equivalents thereof) due at t ime of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably
anticipated for bona f ide f ringe benefits under Section l (b)( 2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5. 5(a)(1 )(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and f ringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5. 5( a)( 4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each
classification for the t ime actually worked therein: Provided, That the employer’ s payroll records accurately set forth the t ime spent in each classification in which work is perform ed.
The wage determination (including any additional
classification and wage rates conformed under
29 CFR 5. 5 (a)(1 )(ii ) and the Davis-Bacon poster (WH- 1321 ) shall be posted at all 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 easily seen by the workers. (ii)(a) Any class of l aborers or mechanics which is not l isted in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional
classification and wage rate and f ringe benefits therefor only when the following criteria have been met:
(1)The work to be performed by the classification
requested is not performed by a classification in the wage determination; and
(2)The classification is utilized in the area by the
construction industry; and
(3)The proposed wage rate, including any bona f ide f ringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b)I f the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and HUD or i ts designee agree on the
classification and wage rate (including the amount designated for f ringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee to the
Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W
ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under
OMB control number 1215- 0140.)
(c)In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or i ts designee do not agree on the proposed
classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215
-0140.)
(d)The wage rate (including f ringe benefits where
appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract f rom the f i rst day on which work is performed in the classifica tion. (iii)W henever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a f ringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona f ide f ringe benefit 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 Previous editions are obsolete Page 1 of 5
form HUD-4010 (06/2009)
ref. Handbook 1344.1
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of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona f ide f ringe benefits under a plan or program, Provided, That the
Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis- Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215- 0140.)
2. Withholding. HUD or i ts designee shall upon i ts own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld f rom the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon
prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or
advances as may be considered necessary to pay laborers and mechanics, including apprentices, t rainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, t rainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or i ts designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or i ts designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act
contracts.
3. (i) Payrolls and basic records. Payrolls and basic
records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona f ide f ringe benefits or cash equivalents thereof of the types described in Section l(b)(2 )(B) of the Davis-bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. W henever the Secretary of Labor has found under 29 CFR 5. 5 ( a)(1 )(iv) that the wages of any laborer or mechanic include the amount of any costs
reasonably anticipated in providing benefits under a plan or program described in Section l (b)(2 )(B) of the Davis- Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is f inancially responsible, and that the plan or program has been
Previous editions are obsolete
communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or t rainees under approved programs shall maintain written evidence of the registration of
apprenticeship programs and certification of t rainee programs, the registration of the apprentices and t rainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and
Budget under OMB Control Numbers 1215 -0140 and 1215- 0017.)
(ii)( a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or i ts designee i f the agency is a party to the contract, but i f the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for t ransmission to HUD or i ts designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5. 5( a)( 3)(i) except that full social security numbers and home addresses shall not be included on weekly t ransmittals.
Instead the payrolls shall only need to include an individually identifying number for each employee (e. g., the last four digits of the employee’ s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form W H-347 is available for this purpose f rom the W age and Hour Division W eb site at http:// www. dol. gov/ esa/whd/forms/ wh347instr. htm or i ts successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or i ts designee i f the agency is a party to the contract, but i f the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for t ransmission to HUD or i ts designee, the contractor, or the W age and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. I t is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime
contractor for i ts own records, without weekly submission to HUD or i ts designee. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0149.)
(b)Each payroll submitted shall be accompanied by a
“Statement of Compliance,” signed by the contractor or
subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(1)That the payroll for the payroll period contains the information required to be provided under 29 CFR 5. 5
(a)(3)(ii), the appropriate information is being maintained under 29 CFR 5. 5( a)(3)(i), and that such information is correct and complete;
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(2)That each laborer or mechanic (including each helper, apprentice, and t rainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly f rom the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3;
(3)That each laborer or mechanic has been paid not less than the applicable wage rates and f ringe benefits or cash
equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.
(c)The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form WH- 347 shall satisfy the requirement for submission of the “Statement of Compliance” required by subparagraph A.
3.(ii)(b).
(d)The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(iii)The contractor or subcontractor shall make the
records required under subparagraph A. 3.(i) available for inspection, copying, or t ranscription by authorized
representatives of HUD or i ts designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. I f the contractor or subcontractor fails to submit the required records or to make them available, HUD or i ts designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds.
Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5. 12.
4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually
registered in a bona f ide apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or i f a person is employed in his or her f i rst 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency ( where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker l isted on a payroll at an apprentice wage rate, who
Previous editions are obsolete
is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.
In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which i ts program is registered, the ratios and wage rates (expressed in percentages of the
journeyman’ s hourly rate) specified in the contractor’ s or subcontractor’ s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’ s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid f ringe benefits in accordance with the provisions of the apprenticeship program. I f the
apprenticeship program does not specify f ringe benefits, apprentices must be paid the full amount of f ringe benefits l isted on the wage determination for the applicable
classification. I f the Administrator determines that a different practice prevails for the applicable apprentice classification, f ringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5. 16, t rainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant ‘ , to and individually registered in a program which has received prior approval, evidenced by formal certification by the U. S. Department of Labor,
Employment and Training Administration. The ratio of t rainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every t rainee must be paid at not less than the rate specified in the approved program for the t rainee’ s level of progress, expressed as a percentage of the
journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid f ringe benefits in accordance with the provisions of the t rainee program. I f the t rainee program does not mention f ringe benefits, t rainees shall be paid the full amount of f ringe benefits l isted on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman
wage rate on the wage determination which provides for less than full f ringe benefits for apprentices. Any employee l isted on the payroll at a t rainee rate who is not registered and participating in a t raining plan approved by
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the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any t rainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a t raining program, the contractor will no longer be permitted to utilize t rainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of
apprentices, t rainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract
6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or i ts designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower t ier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower t ier subcontractor with all the contract clauses in this paragraph.
7. Contract termination; debarment. A breach of the
contract clauses in 29 CFR 5. 5 may be grounds for termination of the contract and for debarment as a
contractor and a subcontractor as provided in 29 CFR
5. 12.
8. Compliance with Davis-Bacon and Related Act Requirements.
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract
9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract.
Such disputes shall be resolved in accordance with the
procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of i ts subcontractors) and HUD or i ts designee, the U. S.
Department of Labor, or the employees or their
representatives.
10. (i) Certification of Eligibility. By entering into this contract the contractor certifies that neither 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 person or f i rm ineligible to be awarded Government contracts by virtue of Section 3 (a) of the Davis-Bacon Act or 29 CFR 5. 12 (a)(1 ) or to be
awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.
(ii)No part of this contract shall be subcontracted to any person or f i rm ineligible for award of a Government contract by virtue of Section 3 (a) of the Davis-Bacon Act or 29 CFR
5. 12( a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24 .
(iii)The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U. S. C. 1001. Additionally, U.
S. Criminal Code, Section 1 01 0, Title 18, U.S.C., “Federal Housing Administration t ransactions”, provides in part: “W hoever, 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 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 applicable shall 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 instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer.
B. Contract Work Hours and Safety Standards Act. The
provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms “laborers” and “mechanics” incl ude watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek.
(2) Violation; l iability for unpaid wages; l iquidated damages. In the event of any violation of the clause set forth in subparagraph (1 ) of this paragraph, the contractor and any subcontractor responsible therefor shall be l iable for the unpaid wages. In addition, such contractor and subcontractor shall be l iable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for l iquidated damages.
Such l iquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph ( 1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph ( 1) of this paragraph.
Previous editions are obsolete
form HUD-4010 (06/2009)
ref. Handbook 1344.1
B-508/08/2023 C10 350 of 489
(3) Withholding for unpaid wages and l iquidated
damages. HUD or i ts designee shall upon i ts own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, f rom any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally- assisted contract subject to the Contract W ork Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be
necessary to satisfy any l iabilities 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 shall insert in any subcontracts the clauses set forth in
subparagraph ( 1) through (4 ) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower t ier subcontracts. The prime contractor shall 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 shall be required to work in
surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation.
(2)The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract W ork Hours and Safety Standards Act, (Public Law 91- 54, 83 Stat 96). 40 USC 3701 et seq. (3)The contractor shall include the provisions of this
paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions.
Previous editions are obsolete
form HUD-4010 (06/2009)
ref. Handbook 1344.1
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Appendix C:
Federal Requirements and Special Provisions
08/08/2023 C10 352 of 489
APPENDIX C
FEDERAL REQUIREMENTS AND SPECIAL PROVISIONS
ITEMS THAT MUST BE SUBMITTED WITH BID PACKAGE
Items in this Section are included in the bid proposal section of the bid Contractor’s Certification on Federal Contract Requirements Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility Matters
Disclosure of Lobbying Activities and Instructions for Completion of SF-LLL, Disclosure of Lobbying Activities
Equal Employment Opportunity Certification
Non-Segregated Facilities Certification
Non-Lobbying Certification for Federal-Aid Contracts
Non-Collusion Affidavit
ITEMS THAT MUST BE SUBMITTED PRIOR TO AWARD OF CONTRACT Section 3 Bidder’s Certification 2
Section 3 Estimated Work Force Breakdown 3
Contract and Subcontract Activity – HUD Form 2516 4
ITEMS THAT MUST BE COMPLETED AND SUBMITTED FOR DURATION OF PROJECT Payroll Reporting DOL Form WH-347 and Instructions for Completion 6 Note: the form is double-sided. Must complete form in its entirety and submit weekly.
Record of Em ployee Interview 11
Note: City staff will conduct on the job interviews and complete the form
ITEMS THAT MUST BE COMPLETED AND SUBMITTED AT COMPLETION OF PROJECT Section 3 Work Force Breakdown 13
OTHER FEDERAL REQUIREMENTS
Notice of Requirement for Affirmative Action to Ensure Equal Employment 14 Opportunity Executive Order 11246: 41 CFR Part 60‐2
Employee Rights Under the Davis-Bacon Act – Poster in English and Spanish 15 Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) Policy 17 Section 3 Compliance Guide 18
Davis-Bacon Labor Standards 22
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SECTION 3
BIDDER'S CERTIFICATION
Name of Company: ____________________________________________________________ Address: ____________________________________________________________________ Project Title: _________________________________________________________________ This is to certify that I have read and understand the Section 3 resident employment and Section 3 resident business utilization requirements that apply to the above cited project, said requirements being known as the Section 3 Clause found in 24 CFR 135 and that neither the project nor the company are under any contractual restrictions or other disabilities which would prevent the company from complying with said requirements. ______________________________ ________________________ ____________ Signature Title Date
______________________________ ________________________ ____________ Signature Title Date
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SECTION 3 ESTIMATED WORK FORCE BREAKDOWN
MUST BE COMPLETED BY PRIME AND SUBCONTRACTORS
Company Name: __________________________________________________ Address: __________________________ Primary Contact: ____________________________ __________________________ Contact Phone Number: ______________________ Project Title: ________________________________________ Employment and Training
Job Category
TOTAL
ESTIMATED
POSITIONS
NEED FOR
PROJECT
TOTAL
POSITIONS
OCCUPIED BY
PERMANENT
EMPLOYEES
NUMBER OF
POSITIONS NOT
OCCUPIED
NUMBER OF
POSITIONS TO BE
FILLED WITH
SECTION 3
RESIDENTS*
Administrative Staff:
Professionals
Technicians
Office/Clerical
Other Admin Staff
Construction by Trade
(list trade below):
*Section 3 Resident: Public housing resident of the City of Vista who qualifies as a low-income person. HUD defines a low-income person as one whose household income does not exceed 80% of the median income for the region, with adjustments for family size.
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blank page
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PH
IH
CPD
Housing
Grant/Project Number or HUD
Case Number or other
identification of property,
subdivision, dwelling unit, etc.
7a.
Amount of
Contract or
Subcontact
7b.
Type of Trade
Code
(See below)
7c.
Contractor or
Subcontractor
Business
Racial/Ethnic
(See below)
7d.
Woman Owned Business
(Yes or No)
7e.
Prime Contractor Identification (ID)
Number
7f.
Sec. 3
7g.
Subcontractor
Identification (ID)
Number
7h
Sec. 3
7i.
State Zip
CPD:
1 = New Construction 6 = Professional
2 = Education/Training 7 = Tenant Services
3 = Other 8 = Education/Training
0 = Other5 = Project Mangt.
4 = Service
6 = Hasidic Jews
Privacy Act Notice = The United States Department of Housing and Urban Development, Federal Housing Administration, is authorized to solicit the Information requested in this form by virtue of Title 12, United States Code, Section 1701 et seq., and regulation. It will not be disclosed or relesed outside the United States Department of Housing and Urban Development without your consetn, except as required or permitted by Law.
Previous editions are obsolete.form HUD-2516 (8/98)
Contract and Subcontract Activity
Contractor/Subcontractor Name and Address
7j.
Name Street City
U.S. Department of Housing and Urban Development
Check if:
OMB Approval No.: 2577-0088 OMB
Approval No.: 2502-0355
Executive Orders dated July 14, 1983, directs the Minority Business Development Plans shall be developed by each Federal Agency and the these annual plans shall establish minority business development objectives. The information is used by HUD to monitor and evaluate MBE activities against the total program activity and the designated minority business enterprise (MBE) goals. The Department requires the information to provide guidance and oversight for programs for the development of minority business enterprise concerning Minority Business Development. If the information is not collected HUD would not be able to establish meaningful MBE goals nor evaluate MBE performance against these goals.
Public reporting burden for this collection of information is estimated to average .5 hours 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. The Information is voluntary. HUD may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB Control Number.
Oct. 1 - Sept. 30 (Annual -FY)
2 = Substantial Rehab.
3 = Repair
3 = Native Americans
4 = Hispanic Americans
9 = Arch./Engrg. Appraisal 5 = Asian/Pacific Americans
8 = Section 8114 = Insured (Management)
3 = Section 8 Noninsured, Non-HFDA 7 = Public/India Housing 7d: Racial/Ethnic Codes:
1 = White Americans
5: Program Codes (Complete for Housing and Public and Indian Housing programs only):
2= Flexible Subsidy
1 = All Insured, including Section8 5 = Section 202
6 = HUD-Held (Management)
Housing/Public Housing:
7c: Type of Trade Codes:
2 = Black Americans1 = New Construction
1. Grantee/Project Owner/Developer/Sponsor/Builder/Agency 3a. Name of Contact Person 3b. Phone Number (Including Area Code)4. Reporting Period
5. Program Code (Not applicable for CPD programs.)
See explanation of Codes at bottom of Page Use a
separate sheet for each program code.
6. Date Submitted to Field Office
2. Location (City, State Zip Code)
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This report is to be completed by grantees, developers, sponsors, builders, agencies, and/or project owners for reporting contract and subcontract activities of $10,000 or more under the following programs: Community Development Block Grants (entitlement and small cities); Urban Development Action Grants; Housing Development Grants; Multifamily Insured and Noninsured; Public and Indian Housing Authorities; and contracts entered into by recipients of CDBG rehabilitation assistance.
completed for public and Indian housing and most community development programs. Form HUD- 60002 is to be completed by all other HUD programs including State administered community development programs covered under Section3. A Section 3 Contractor/subcontractor is a business concern that provides economic opportunities to low and very Low-income residents of the metropolitan area (or nonmetropolitan county), including a business concern that is 51 person or more owned by low-income residents;
costs or unusually high or low-income families. Very low-income families (including single persons) whose incomes do not exceed 50 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes.
Contracts/subcontracts of less than $10,000 need be reported only if such contracts represent a significant portion of your total contracting activity. Include only contracts executed during this reporting period.
or provides subcontracting or business development opportunities to businesses owned by low or low-income residents. Low and very low-income residents; include participants in Youthbuild programs established under Subtitle D of Title IV of the Cranston-Gonzalez National Affordable Housing Act.
Submit two (2) copies of this report to your local HUD Office within ten (10) days after the end of the reporting period you checked in item 4 on the front. Complete item 7h. Only once for each contractor/subcontractor on each semi-annual report.
This form has been modified to capture Section 3 contract data in columns 7g and 7i. Section 3 requires that the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs shall, to the greatest extent feasible, be directed toward low- and very low-income persons, particularly those who are recipients of government assistance for housing. Recipients using this form to report Section 3 contract data must also use Part I of form HUD-60002 to report employment and training opportunities data. Form HUD-2516 is to be
The terms “low-income persons” and “very low-income persons” have the same meanings given the terms in section3(b)(2) of the United States Housing Act of 1937. Low-income persons mean families (including single persons) whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary, with adjustments for smaller an larger families, except that the Secretary may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction
Enter the prime contractor's ID in item 7f. for all contracts and subcontracts. Include only contracts expected during this reporting period. PHAs/IHAs are to report all contracts/subcontracts.
Community Development Programs Multifamily Housing Programs Public Housing and Indian Housing Programs
1. Grantee: Enter the name of the unit of government submitting this report.1. Grantee/Project Owner: Enter the name of the unit of government, agency or mortgagor entity submitting this report.
PHAs/IHAs are to report all contracts/subcontracts. Include only contracts executed during this reporting period.
3. Contact Person: Enter name and phone of person responsible for maintaining and submitting contract/subcontract data.3. Contact Person: Same as item 3 under CPD Programs.1. Project Owner: Enter the name of the unit of government, agency or mortgagor entity submitting this report. Check box as appropriate.
7a. Grant Number: Enter the HUD Community Development Block Grant Identification Number (with dashes). For example: B-32-MC-25-0034. For Entitlement Programs and Small City multi-year comprehensive programs, enter the latest approved grant number.
4. Reporting Period: Check only one period.3. Contact Person: Same as item 3 under CPD Programs. 7b. Amount of Contract/Subcontract: Enter the dollar amount rounded to the nearest dollar.
If subcontractor ID number is provided in 7f, the dollar figure would be for the subcontract only and not for the prime contract.
5. Program Code: Enter the appropriate program code.4. Reporting Period: Check only one period. 7c. Type of Trade: Enter the numeric codes which best indicates the contractor's/subcontractor's service. If subcontractor ID number is provided in 7f., the type of trade code would be for the subcontractor only and not for the prime contractor. 7a. Grant/Project Number: Enter the HUD Project Number or Housing Development Grant or number assigned.5. Program Code: Enter the appropriate program code.
The "other" category includes supply, professional services and all other activities except construction and education/training activities.7b. Amount of Contract/Subcontract: Same as item 7b. under CPD Programs.7a. Grant/Project Number: Enter the HUD Project Number or Housing Development Grant or number assigned.
7d. Business Racial/Ethnic/Gender Code: Enter the numeric code which indicates the racial/ethnic/gender character of the owner(s) and controller(s) of 51% of the business. 7c. Type of Trade: Same as item 7c. under CPD Programs.7b. Amount of Contract/Subcontract: Same as item 7b. under CPD Programs.
When 51% or more is not owned and controlled by any single racial/ethnic/gender category, enter the code which seems most appropriate. If the subcontractor ID number is provided, the code would apply to the subcontractor and not to the prime contractor.7d. Business Racial/Ethnic/Gender Code: Same as item 7d. under CPD Programs.7c. Type of Trade: Same as item 7c. under CPD Programs. 7e. Woman Owned Business: Enter Yes or No.7e. Woman Owned Business: Enter Yes or No.7d. Business Racial/Ethnic/Gender Code: Same as item 7d. under CPD Programs. 7f. Contractor Identification (ID) Number: Enter the Employer (IRS) Number of the Prime Contractor as the unique identifier for prime recipient of HUD funds. Note that the Employer (IRS) Number must be provided for each contract/subcontract awarded. 7f. Contractor Identification (ID) Number: Same as item 7f. under CPD Programs.7e. Woman Owned Business: Enter Yes or No. 7g. Section 3 Contractor: Enter Yes or No.7g. Section 3 Contractor: Enter Yes or No.7f. Contractor Identification (ID) Number: Same as item 7f. under CPD Programs. 7h. Subcontractor Identification (ID) Number: Enter the Employer (IRS) Number of the subcontractor as the unique identifier for each subcontract awarded from HUD funds. When the subcontractor ID Number is provided, the respective Prime Contractor ID Number must also be provided.
7h. Subcontractor Identification (ID) Number: Same as item 7h. under CPD Programs.7g. Section 3 Contractor: Enter Yes or No. 7i. Section 3 Contractor: Enter Yes or No.7i. Section 3 Contractor: Enter Yes or No.7h. Subcontractor Identification (ID) Number: Same as item 7h. under CPD Programs. 7j. Contractor/Subcontractor Name and Address: Enter this information for each firm receiving contract/subcontract activity only one time on each report for each firm.7j. Contractor/Subcontractor Name and Address: Same as item 7j. under CPD Programs.7i. Section 3 Contractor: Enter Yes or No. 7j. Contractor/Subcontractor Name and Address: Same as item 7j. under CPD Programs.
C-708/08/2023 C10 358 of 489
U.S. Department of Labor PAYROLL
(For Contractor's Optional Use; See Instructions at www.dol.gov/whd/forms/wh347instr.htm) W age and Hour Division
Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.
NAME OF CONTRACTOR OR SUBCONTRACTOR ADDRESS OMB No.:1235-0008 Expires: 04/30/2021 PAYROLL NO. FOR WEEK ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO. (1) (2) (3) (4) DAY AND DATE (5) (6) (7) (9)
(8)
DEDUCTIONS
O
O
O
O
O
O
O
O
NAME AND INDIVIDUAL IDENTIFYING NUMBER
(e.g., LAST FOUR DIGITS OF SOCIAL SECURITY
NUMBER) OF WORKER NO.
O
F
W
ITHH
O
LD
i
NG
EXEM
P
TIO
NS
WORK
CLASSIFICATION
OT
.
O
R
ST.
HOURS WORKED EACH DAY
TOTAL
HOURS
RATE
OF PAY
GROSS
AMOUNT
EARNED FICA
WITH-
HOLDING
TAX OTHER
TOTAL
DEDUCTIONS
NET
WAGES
PAID
FOR WEEK
S
S
S
S
S
S
S
S
Rev. Dec. 2008
Rev. Dec. 2008
While completion of Form WH-347 is optional, it is mandatory for covered contractors and subcontractors performing work on Federally financed or assisted construction contracts to respond to the information collection contained in 29 C.F.R. §§ 3.3, 5.5(a). The Copeland Act (40 U.S.C. § 3145) contractors and subcontractors performing work on Federally financed or assisted construction contracts to "furnish weekly a statement with respect to the wages paid each employee during the preceding week." U.S. Department of Labor (DOL) regulations at 29 C.F.R. § 5.5(a)(3)(ii) require contractors to submit weekly a copy of all payrolls to the Federal agency contracting for or financing the construction project, accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper Davis-Bacon prevailing wage rate for the work performed. DOL and federal contracting agencies receiving this information review the information to determine that employees have received legally required wages and fringe benefits.
Public Burden Statement
We estimate that is will take an average of 55 minutes to complete this collection, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. If you have any comments regarding these estimates or any other aspect of this collection, including suggestions for reducing this burden, send them to the Administrator, Wage and Hour Division, U.S. Department of Labor, Room S3502, 200 Constitution Avenue, N.W.
Washington, D.C. 20210
(over)
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Date
I,
(Name of Signatory Party) (Title)
do hereby state:
(1) That I pay or supervise the payment of the persons employed by on the (Contractor or Subcontractor)
; that during the payroll period commencing on the
(Building or Work)
day of ,, and ending the day of ,,
all persons employed on said project have been paid the f ull weekly w ages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said from the full
(Contractor or Subcontractor)
weekly wages earned by any person and that no deductions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 C.F.R. Subtitle A), issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948, 63 Stat. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. § 3145), and described below:
(2)That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or m echanics contained therein are not les s t han the applicable wage rates contained in any wage determination incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4)That:
(a)WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS −in addi tion to the ba sic hourly wage ra tes paid to ea ch laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in section 4(c) below.
(b)WHERE FRINGE BENEFITS ARE PAID IN CASH
−Each laborer or mechanic listed in the above referenced payroll has been paid, as indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted in section 4(c) below. (c) EXCEPTIONS
REMARKS:
EXCEPTION (CRAFT)EXPLANATION
NAME AND TITLE SIGNATURE
THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE.
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Instructions for Completing Payroll Form, WH-347
General: Form WH-347has been made available for the convenience of contractors and subcontractors required by their Federal or Federally-aided construction-type contracts and subcontracts to submit weekly payrolls. Properly filled out, this form will satisfy the requirements of Regulations, Parts 3 and 5 (29 C.F.R., Subtitle A), as to payrolls submitted in connection with contracts subject to the Davis-Bacon and related Acts.
While completion of Form WH-347 is optional, it is mandatory for covered contractors and subcontractors performing work on Federally financed or assisted construction contracts to respond to the information collection contained in 29 C.F.R. §§ 3.3, 5.5(a). The Copeland Act (40 U.S.C. § 3145) requires contractors and subcontractors performing work on Federally financed or assisted construction contracts to "furnish weekly a statement with respect to the wages paid each employee during the preceding week." U.S. Department of Labor (DOL) Regulations at 29 C.F.R. § 5.5(a)(3)(ii) require contractors to submit weekly a copy of all payrolls to the Federal agency contracting for or financing the construction project, accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper Davis-Bacon prevailing wage rate for the work performed. DOL and federal contracting agencies receiving this information review the information to determine that employees have received legally required wages and fringe benefits.
Under the Davis-Bacon and related Acts, the contractor is required to pay not less than prevailing wage, including fringe benefits, as predetermined by the Department of Labor. The contractor's obligation to pay fringe benefits may be met either by payment of the fringe benefits to bona fide benefit plans, funds or programs or by making payments to the covered workers (laborers and mechanics) as cash in lieu of fringe benefits.
This payroll provides for the contractor to show on the face of the payroll all monies to each worker, whether as basic rates or as cash in lieu of fringe benef its, and provides for the contractor's representation in the statement of compliance on the payroll (as shown on page 2) that he/she is paying for fringe benefits required by the contract and not paid as cash in lieu of fringe benefits. Detailed instructions concerning the preparation of the payroll follow:
Contractor or Subcontractor: Fill in your firm's name and check appropriate box.
Address: Fill in your firm's address.
Payroll No.: Beginning with the number "1", list the payroll number for the submission.
For Week Ending: List the workweek ending date.
Project and Location: Self-explanatory.
Project or Contract No.: Self-explanatory.
Column 1 - Name and Individual Identifying Number of Worker: Enter each worker's full name and an individual identifying number (e.g., last four digits of worker's social security number) on each weekly payroll submitted.
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Column 2 - No. of Withholding Exemptions: This column is merely inserted for the employer's convenience and is not a requirement of Regulations, Part 3 and 5.
Column 3 - Work Classifications: List classification descriptive of work actually performed by each laborer or mechanic. Consult classification and minimum wage schedule set forth in contract specifications. If additional classifications are deemed necessary, see Contracting Officer or Agency representative. An individual may be shown as having worked in more than one classification provided an accurate breakdown or hours worked in each classification is maintained and shown on the submitted payroll by use of separate entries.
Column 4 - Hours worked: List the day and date and straight time and overtime hours worked in the applicable boxes. On all contracts subject to the Contract Work Hours Standard Act, enter hours worked in excess of 40 hours a week as "overtime".
Column 5 - Total: Self-explanatory
Column 6 - Rate of Pay (Including Fringe Benefits): In the "straight time" box for each worker, list the actual hourly rate paid for straight time worked, plus cash paid in lieu of fringe benefits paid. When recording the straight time hourly rate, any cash paid in lieu of fringe benefits may be shown separately from the basic rate. For example, "$12.25/.40" would reflect a $12.25 base hourly rate plus $0.40 for fringe benefits. This is of assistance in correctly computing overtime.
See "Fringe Benefits" below. When overtime is worked, show the overtime hourly rate paid plus any cash in lieu of fringe benefits paid in the "overtime" box for each worker; otherwise, you may skip this box. See "Fringe Benefits" below. Payment of not less than time and one-half the basic or regular rate paid is required for overtime under the Contract Work Hours Standard Act of 1962 if the prime contract exceeds $100,000. In addition to paying no less than the predetermined rate for the classification which an individual works, the contractor must pay amounts predetermined as fringe benefits in the wage decision made part of the contract to approved fringe benefit plans, funds or programs or shall pay as cash in lieu of fringe benefits. See "FRINGE BENEFITS" below.
Column 7 - Gross Amount Earned: Enter gross amount earned on this project. If part of a worker's weekly wage was earned on projects other than the project described on this payroll, enter in column 7 first the amount earned on the Federal or Federally assisted project and then the gross amount earned during the week on all projects, thus "$163.00/$420.00" would reflect the earnings of a worker who earned $163.00 on a Federally assisted construction project during a week in which $420.00 was earned on all work.
Column 8 - Deductions: Five columns are provided for showing deductions made. If more than five deduction are involved, use the first four columns and show the balance deductions under "Other" column; show actual total under "Total Deductions" column; and in the attachment to the payroll describe the deduction(s) contained in the "Other" column. All deductions must be in accordance with the provisions of the Copeland Act Regulations, 29 C.F.R., Part 3. If an individual worked on other jobs in addition to this project, show actual deductions from his/her weekly gross wage, and indicate that deductions are based on his gross wages.
Column 9 - Net Wages Paid for Week: Self -explanatory.
Totals - Space has been left at the bottom of the columns so that totals may be shown if the contractor so desires.
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Statement Required by Regulations, Parts 3 and 5: While the "statement of compliance" need not be notarized, the statement (on page 2 of the payroll form) is subject to the penalties provided by 18 U.S.C. § 1001, namely, a fine, possible imprisonment of not more than 5 years, or both.
Accordingly, the party signing this statement should have knowledge of the facts represented as true.
Items 1and 2: Space has been provided between items (1) and (2) of the statement for describing any deductions made. If all deductions made are adequately described in the "Deductions" column above, state "See Deductions column in this payroll." See "FRINGE BENEFITS" below for instructions concerning filling out paragraph 4 of the statement.
Item 4 FRINGE BENEFITS - Contractors who pay all required fringe benefits: If paying all fringe benefits to approved plans, funds, or programs in amounts not less than were determined in the applicable wage decision of the Secretary of Labor, show the basic cash hourly rate and overtime rate paid to each worker on the face of the payroll and check paragraph 4(a) of the statement on page 2 of the WH-347 payroll form to indicate the payment. Note any exceptions in section 4(c).
Contractors who pay no fringe benefits: If not paying all fringe benefits to approved plans, funds, or programs in amounts of at least those that were determined in the applicable wage decision of the Secretary of Labor, pay any remaining fringe benefit amount to each laborer and mechanic and insert in the "straight time" of the "Rate of Pay" column of the payroll an amount not less than the predetermined rate for each classification plus the amount of fringe benefits determined for each classification in the application wage decision. Inasmuch as it is not necessary to pay time and a half on cash paid in lieu of fringe benefits, the overtime rate shall be not less than the sum of the basic predetermined rate, plus the half time premium on basic or regular rate, plus the required cash in lieu of fringe benefits at the straight time rate. In addition, check paragraph 4(b) of the statement on page 2 the payroll form to indicate the payment of fringe benefits in cash directly to the workers. Note any exceptions in section 4(c).
Use of Section 4(c), Exceptions
Any contractor who is making payment to approved plans, funds, or programs in amounts less than the wage determination requires is obliged to pay the deficiency directly to the covered worker as cash in lieu of fringe benefits. Enter any exceptions to section 4(a) or 4(b) in section 4(c). Enter in the Exception column the craft, and enter in the Explanation column the hourly amount paid each worker as cash in lieu of fringe benefits and the hourly amount paid to plans, funds, or programs as fringe benefits. The contractor must pay an amount not less than the predetermined rate plus cash in lieu of fringe benefits as shown in section 4(c) to each such individual for all hours worked (unless otherwise provided by applicable wage determination) on the Federal or Federally assisted project. Enter the rate paid and amount of cash paid in lieu of fringe benefits per hour in column 6 on the payroll. See paragraph on "Contractors who pay no fringe benefits" for computation of overtime rate.
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Record of
Employee Interview
U.S. Department of Housing
and Urban Development
Office of Labor Relations
OMB Approval No. 2501-0009
(exp. 10/31/2010)
Public reporting burden for this collection of information is estimated to average 15 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 agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number. The information is collected to ensure compliance with the Federal labor standards by recording interviews with construction workers. The information collected will assist HUD in the conduct of compliance monitoring; the information will be used to test the veracity of certified payroll reports submitted by the employer. Sensitive Information. The information collected on this form is considered sensitive and is protected by the Privacy Act. The Privacy Act requires that these records be maintained with appropriate administrative, technical, and physical safeguards to ensure their security and confidentiality. In addition, these records should be protected against any anticipated threats or hazards to their security or integrity that could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom the information is maintained. The information collected herein is voluntary, and any information provided shall be kept confidential. 1a. Project Name 2a. Employee Name
1b. Project Number 2b. Employee Phone Number (including area code) 1c. Contractor or Subcontractor (Employer) 2c. Employee Home Address & Zip Code 2d. Verification of identification?
Yes No
3a. How long on this
job?
3b. Last date on this
job before today?
3c. No. of hours last
day on this job?
4a. Hourly rate of pay? 4b. Fringe Benefits? 4c. Pay stub? Vacation Yes No Yes No
Medical Yes No
Pension Yes No
5. Your job classification(s) (list all) --- continue on a separate sheet if necessary
6.Your duties
7. Tools or equipment used
Y N Y N
8. Are you an apprentice or trainee?10. Are you paid at least time and ½ for all hours worked in excess of 40 in a week?
9. Are you paid for all hours worked?11. Have you ever been threatened or coerced into giving up any part of your pay? 12a. Employee Signature 12b. Date
13. Duties observed by the Interviewer (Please be specific.)
14. Remarks
15a. Interviewer name (please print) 15b. Signature of Interviewer 15c. Date of interview Payroll Examination
16. Remarks
17a. Signature of Payroll Examiner 17b. Date
Previous editions are obsolete Form HUD-11 (08/2004)
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Instructions
General:
This form is to be used by HUD and local agency staff for recording information gathered during on-site interviews with laborers and mechanics employed on projects subject to Federal prevailing wage requirements. Typically, the staff that will conduct on- site interviews and use this form are HUD staff and fee construction inspectors, HUD Labor Relations staff, and local agency labor standards contract monitors.
Information recorded on the form HUD-11 is evaluated for general compliance and compared to certified payroll reports submitted by the respective employer. The comparison tests the veracity of the payroll reports and may be critical to the successful conclusion of enforcement actions in the event of labor standards violations. The thoroughness and accuracy of the information gathered during interviews is crucial.
Note that the interview itself and the information collected on the form HUD-11 are considered confidential. Interviews should be conducted individually and privately. All laborers and mechanics employed on the job site must be made available for interview at the interviewer’s request. The employee’s participation, however, is voluntary. Interviews shall be conducted in a manner and place that are conducive to the purposes of the interview and that cause the least inconvenience to the employer(s) and the employee(s).
Completing the form HUD-11
Items 1a - 1c: Self-explanatory
Items 2a – 2d: Enter the employee’s full name, a telephone number where the employee can be reached, and the employee’s home address. Many construction workers use a temporary address in the locality of the project and have a more permanent address elsewhere from which mail may be forwarded to them. Obtain a more permanent address, if available. Ask the employee for a form of identification (e.g., driver’s license) to verify their name.
Items 3a – 4c: Enter the employee’s responses. Ask the employee whether they have a pay stub with them; if so, determine whether the pay stub is consistent with the information provided by the employee.
Items 5 – 7: Be certain that the employee’s responses are specific. For example, job classification (#5) must identify the trade involved (e.g., Carpenter, Electrician, Plumber) – responses such as “journeyman” or “mechanic” are not helpful for our purposes.
Items 8 – 12b: Self-explanatory
Items 13 – 15c: These items represent some of the most important information that can be gathered while conducting on-site interviews. Please be specific about the duties you observed the employee performing. It may be easiest to make these observations before initiating the interview. Please record any comments or remarks that may be helpful. For example, if the employee interviewed was working with a crew, how many workers were in the crew? Was the employee evasive? The level of specificity that is warranted is directly related to the extent to which interview(s) or other observations indicate that there may be violations present. If interviews indicate that there may be underpayments involving a particular trade(s), the interviewer is encouraged to interview as many workers in that trade(s) that are available.
Items 16 – 17b: The information on the form HUD-11 may be reviewed for general compliance, initially. For example, are the job classification and wage rate stated by the employee compatible with the classifications and wage rates on the applicable wage decision? Are the duties observed by the interviewer consistent with the job classification? Once the corresponding certified payroll reports are received, the information on the HUD-11 shall be compared to the payroll reports. Any discrepancies noted between the HUD-11 information and that on the payroll report shall be noted in Item 16, Remarks. If discrepancies are noted, follow-up actions to resolve the discrepancies must be taken.
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SECTION 3 WORK FORCE BREAKDOWN
**To be completed by Contractor at the completion of project** Company Name: __________________________________________________ Address: __________________________ Primary Contact: ____________________________ __________________________ Contact Phone Number: ______________________ Project Title: ________________________________________ Employment and Training
Job Category
TOTAL
ESTIMATED
POSITIONS
NEED FOR
PROJECT
TOTAL
POSITIONS
OCCUPIED BY
PERMANENT
EMPLOYEES
NUMBER OF
POSITIONS NOT
OCCUPIED
NUMBER OF
POSITIONS TO BE
FILLED WITH
SECTION 3
RESIDENTS*
Administrative Staff:
Professionals
Technicians
Office/Clerical
Other Admin Staff
Construction by Trade
(list trade below):
*Section 3 Resident: Public housing resident of the City of Vista who qualifies as a low-income person. HUD defines a low-income person as one whose household income does not exceed 80% of the median income for the region, with adjustments for family size.
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NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION to
ENSURE EQUAL EMPLOYMENT OPPORTUNITY
1.The Offeror’s or Bidder’s attention is called to the “Equal Opportunity Clause” and the “Standard Federal Equal Employment Opportunity Construction Contract Specifications” set forth herein.
2.The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:
Timetables
Goals for minority participation for each trade: 16.9%
Goals for female participation in each trade: 6.9%
These goals are applicable to all of the Contractor’s construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non-federally involved construction.
The Contractor’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a) and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.
3.The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed.
4.As used in this notice and in the contract resulting from this solicitation, the “covered area” is California, San Diego County, City of Vista.
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PREVAILING
WAGES
You must be paid not less than the wage rate listed in the Davis-Bacon Wage Decision posted with this Notice for the work you perform.
OVERTIME You must be paid not less than one and one-half times your basic rate of pay for all hours worked over 40 in a work week. There are few exceptions.
ENFORCEMENT Contract payments can be withheld to ensure workers receive wages and overtime pay due, and liquidated damages may apply if overtime pay requirements are not met. Davis-Bacon contract clauses allow contract termination and debarment of contractors from future federal contracts for up to three years. A contractor who falsifies certified payroll records or induces wage kickbacks may be subject to civil or criminal prosecution, fines and/or imprisonment.
APPRENTICES Apprentice rates apply only to apprentices properly registered under approved Federal or State apprenticeship programs.
PROPER PAY If you do not receive proper pay, or require further information on the applicable wages, contact the Contracting Officer listed below:
or contact the U.S. Department of Labor’s Wage and Hour Division.
EMPLOYEE RIGHTS
UNDER THE DAVIS-BACON ACT
FOR LABORERS AND MECHANICS
EMPLOYED ON FEDERAL OR
FEDERALLY ASSISTED
CONSTRUCTION PROJECTS
1-866-487-9243
TTY: 1-877-889-5627
www.dol.gov/whd
WH1321 REV 10/17
WAGE AND HOUR DIVISION
UNITED STATES DEPARTMENT OF LABOR
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SALARIOS
PREVALECIENTES
No se le puede pagar menos de la tasa de pago indicada en la Decisión de Salarios Davis-Bacon fijada con este Aviso para el trabajo que Ud. desempeña.
SOBRETIEMPO Se le ha de pagar no menos de tiempo y medio de su tasa básica de pago por todas las horas trabajadas en exceso de 40 en una semana laboral. Existen pocas excepciones.
CUMPLIMIENTO Se pueden retener pagos por contratos para asegurarse que los obreros reciban los salarios y el pago de sobretiempo debidos, y se podría aplicar daños y perjuicios si no se cumple con las exigencias del pago de sobretiempo. Las cláusulas contractuales de Davis-Bacon permiten la terminación y exclusión de contratistas para efectuar futuros contratos federales hasta tres años. El contratista que falsifique los registros certificados de las nóminas de pago o induzca devoluciones de salarios puede ser sujeto a procesamiento civil o criminal, multas y/o encarcelamiento.
APRENDICES Las tasas de aprendices sólo se aplican a aprendices correctamente inscritos bajo programas federales o estatales aprobados.
PAGO APROPIADO Si Ud. no recibe el pago apropiado, o precisa de información adicional sobre los salarios aplicables, póngase en contacto con el Contratista Oficial que aparece abajo:
DERECHOS DEL EMPLEADO
BAJO LA LEY DAVIS-BACON
La ley exige que los empleadores exhiban este cartel donde sea visible por los empleados.
PARA OBREROS Y MECÁNICOS
EMPLEADOS EN PROYECTOS DE
CONSTRUCCIÓN FEDERAL O CON
ASISTENCIA FEDERAL
WH1321 SPA REV 10/17
DIVISIÓN DE HORAS Y SALARIOS
DEPARTAMENTO DE TRABAJO DE LOS EE.UU.
1-866-487-9243
TTY: 1-877-889-5627
www.dol.gov/whd
o póngase en contacto con la División de Horas y Salarios del Departamento de Trabajo de los EE.UU.
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MINORITY BUSINESS ENTERPRISE (MBE) AND WOMEN BUSINESS
ENTERPRISE (WBE) POLICY
For all construction projects assisted with Community Development Block Grant (CDBG) funds, it is the policy of the U. S. Department of Housing and Urban Development (HUD) to foster and promote Minority Business Enterprise (MBE) and Woman Business Enterprise (WBE) participation, to the extent permitted by law and consistent with its primary mission. Contractors are encouraged to seek to promote MBE's and WBE’s during the duration of this contract.
What are MBE’s and WBE’s?
Minority and women business enterprises are defined as any financial institution, business, service, contracting business which is solely owned and operated by a minority group member or women or 50% or more of its partners or stockholders are minority group members or women. If the enterprise is publicly owned, the minority members or stockholders must have at least 51% interest and possess control over management, capital and earnings. For the purpose of this definition, minority group members are Black, Hispanics, Asians, Native Americans, Alaskans or Pacific Islanders.
For more information view HUD's website at portal.hud.gov.
Reporting
All Contractors working on construction projects assisted with Federal funds must complete Form HUD-2516, Contract and Subcontract Activity Report. Reports are filled out once during the reporting period that the contract was executed. Included in this addendum is a blank Form HUD- 2516 for your use along with directions on how to complete the form.
Obtaining Lists of Minority and Women Contractors
HUD does not have a MBE or WBE database; however, Caltrans is an excellent source of information regarding minority and women contractors. A complete copy of the statewide listing may be obtained by calling the Caltrans Publications Distribution Unit at 916.445.3520.
Other sources of information are:
Caltrans Civil Rights Program
Business Enterprise Program
916.324.1700 or toll free at 866.810.6346
Civil Rights Website: dot.ca.gov/hq/bep
National Economic Development Association at 916.649.2551.
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SECTION 3 COMPLIANCE GUIDE
ECONOMIC OPPORTUNITIES FOR LOW AND VERY LOW INCOME PERSONS What is Section 3?
The U.S. Government Code of Federal Regulations, Title 24, Housing and Urban Development (HUD), Part 135 – Economic Opportunities for Low- and Very Low-Income Persons, commonly referred to as the “Section 3”, is a provision that helps foster local economic development, neighborhood economic improvement, and individual self-sufficiency.
The Section 3 program requires that economic opportunities generated by HUD financial assistance for housing and community development programs must, to the greatest extent feasible, be directed to low- and very low-income persons and to businesses owned by or employing low- and very low-income persons.
What programs are covered?
Section 3 requirements apply to community development and housing assistance projects funded by Community Development Block Grant (CDBG) funds and Home Investment Partnership Program (HOME) funds. The Section 3 requirements apply to job training, employment, contracting and subcontracting and other economic opportunities arising from projects involving construction, reconstructions, conversion, or rehabilitation (including lead-based paint hazard reduction and abatement) of housing, other buildings, or improvements assisted with Federal funds administered by HUD.
Who are Section 3 residents?
Section 3 residents are:
•Public housing residents or
•Persons who live in the area where a HUD-assisted project is located and who have a household income that falls below HUD’s income limits.
Determining Income Levels
•Low income is defined as 80% or below the median income of that area. •Very low income is defined as 50% or below the median income of that area.
San Diego County Income Limits
Effective April 1, 2018
FAMILY
SIZE
80% of AMI* 50% of AMI* 30% of AMI*
Low Income Very Low Income Extremely Low Income
1 54,500 34,100 20,450
2 62,300 38,950 23,400
3 70,100 43,800 26,300
4 77,850 48,650 29,200
5 84,100 52,550 31,550
6 90,350 56,450 33,900
7 96,550 60,350 38,060
8 102,800 64,250 42,380
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What is a Section 3 business?
It is a business that is owned by Section 3 residents or Employs Section 3 residents in full-time positions or subcontracts with businesses, which provide economic opportunities to low income persons. A business seeking to qualify for a Section 3 contracting preference shall certify or submit evidence, if requested, that the business concern is a Section 3 qualified business under 24 CFR Part 135.
What types of economic opportunities are available under Section 3? Job training
Employment
Contracts
Examples include:
Administrative/Management
accounting
payroll
research
bookkeeping
purchasing
word processing
Services
appliance repair
florists
marketing
carpet installation
janitorial
photography
catering
landscaping
printing
computer/information
manufacturing
transportation
Construction
architecture
bricklaying
carpentry
cement/masonry
demolition drywall
electrical elevator
construction
engineering fencing
heating
iron works
machine
operation
painting
plastering
plumbing
surveying
tile setting
Section 3 Numerical Goals for satisfying the greatest extent feasible requirement are:
•The Target for New Hires & Training Opportunities is 30% of the aggregate # of new hires. •Targets for Contracts with Section 3 Business Concerns is, Construction 10% of the total dollar amount. All Other contracts, 3% of the total dollar amount of all other Section 3 covered contracts.
Who will award the economic opportunities?
The City of Vista and its contractors and subcontractors are required to provide economic opportunities to the greatest extent feasible, consistent with existing Federal, State, and local laws and regulations whenever HUD financial assistance is used to fund a project.
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Who receives priority under Section 3?
For training and employment:
Persons in public and assisted housing
Persons in the neighborhood
Participants in HUD Youth Build programs
Homeless persons
For contracting:
Businesses, which fit the definition of a Section 3 business.
What is the Section 3 Business Registry?
The Section 3 Business Registry is a listing of businesses that have self-certified that they meet one of the eligibility criteria of a Section 3 business, and have submitted publicly available information about their firm (i.e. business name, address, type of services provided, etc.) to be included HUD’s online database.
To search for Section 3 businesses in your community, register your business, or learn more about HUD’s Section 3 Business Registry, please visit www.hud.gov/Sec3biz .
Will HUD require compliance?
Yes. HUD receives annual reports from the City, monitors the performance of contractors and investigates complaints. HUD examines employment and contract records for evidence of actions taken to train and employ Section 3 residents and to award contracts to Section 3 businesses.
What if it appears an entity is not complying with Section 3? Section 3 residents or businesses that believe that they have been denied employment, training, or contracting opportunities associated with HUD funded projects are encouraged to file a complaint with HUD at the appropriate Regional Office of Fair Housing and Equal Opportunity (FHEO). A copy of the Section 3 Complaint Form (HUD-958) and a list of FHEO Regional Offices can be found online at www.hud.gov/Section3
File a complaint in writing to:
U.S. Department of Housing and
Urban Development 300 N. Los
Angeles Street, Suite 4054
Los Angeles, CA 90012
or to:
Assistant Secretary for Fair Housing and Equal Opportunity U.S. Department of Housing and Urban Development
451 Seventh Street, S.W.,
Room 5100
Washington, D.C. 20410-2000
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A written complaint should contain:
Name and address of the person filing the complaint
Name and address of subject of complaint (HUD recipient or contractor) Description of acts or omissions in alleged violation of Section 3 Statement of corrective action sought
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January 2012
Previous versions obsolete
U.S. Department of Housing
and Urban Development
Labor Relations Desk Guide
LR01.DG
DAVIS-BACONLABOR STANDARDS
A Contractor’s Guide
to Prevailing Wage Requirements
for Federally-Assisted Construction Projects
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i
INTRODUCTION
This Guide has been prepared for you as a contractor performing work on construction projects that are assisted by the Department of Housing and Urban Development and subject to Davis- Bacon prevailing wage requirements. This Guide does not address contractor requirements involved in direct Federal contracting where HUD or another Federal agency enters into a procurement contract. In this latter case, the Federal Acquisition Regulations (FAR) are appli- cable. While the guidance contained in this Guide is generally applicable to any Davis-Bacon covered project, specific questions pertaining to direct Federal contracts should be addressed to the Contracting Officer who signed the contract for the Federal agency.
Our objective here is to provide you with a guide which is simple and non-bureaucratic yet comprehensive and which will help you better understand and comply with Davis-Bacon labor standards. HUD’s Office of Labor Relations worked closely with the Department of Labor’s Wage and Hour Division to make sure that the labor standards provisions in your contract and the specifics of complying with them represent the latest information. It is the Department of Labor which has general administrative oversight of all Federal contracting agencies, such as HUD, which administer the day-to-day responsibilities of enforcing Davis-Bacon provisions in construction contracts they either fund or assist in funding.
There are three chapters in this Guide. The first chapter offers a brief description of the laws and regulations associated with Federal labor standards administration and enforcement and discusses both what’s in your contract that requires Davis-Bacon compliance and your respon- sibilities. The second chapter deals with labor standards and payroll reporting requirements.
The third chapter discusses what can happen in the event there is a dispute about the wage rates that should be (or have been) paid and any back wages that may be due.
Finally, not all HUD construction projects are covered by Davis-Bacon wage rates. For the pur- pose of this Guide, we are assuming that a determination has already been made that Davis- Bacon wage rates are applicable. Should you wish assistance in determining whether Davis- Bacon wage rates apply to a particular project or if you need other related technical assistance, please consult with the HUD Labor Relations Field staff for your area. If you don’t know which staff to contact, a list of Labor Relations field offices and their geographic areas and telephone numbers can be found on HUD’s Home Page at the address below.
Visit the Office of Labor Relations on-line:
http://www.hud.gov/offices/olr
Obtain additional copies of this Guide and other publications at our website or by telephone from HUD’s Customer Service Center at (800)767-7468.
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iii
TABLE OF CONTENTS
INTRODUCTION ................................................................................................................i CHAPTER 1 LAWS, REGULATIONS, CONTRACTS
AND RESPONSIBILITIES .................................................................1-1 1-1 DAVIS-BACON AND OTHER LABOR LAWS. .......................................................1-1 a.The Davis-Bacon Act (DBA) ...............................................................................1-1 b.The Contract Work Hours and Safety Standards Act (CWHSSA) ......................1-1 c.The Copeland Act (Anti-Kickback Act)................................................................1-2 d.The Fair Labor Standards Act (FLSA) ................................................................1-2 1-2 DAVIS-BACON REGULATIONS .............................................................................1-2 1-3 CONSTRUCTION CONTRACT PROVISIONS .......................................................1-2 1-4 RESPONSIBILITY OF THE PRINCIPAL CONTRACTOR ......................................1-3 1-5 RESPONSIBILITY OF THE CONTRACT ADMINISTRATOR .................................1-4 CHAPTER 2 HOW TO COMPLY WITH LABOR STANDARDS
AND PAYROLL REPORTING REQUIREMENTS .............................2-1
SECTION - I THE BASICS
2-1 THE WAGE DECISION ...........................................................................................2-1 a.The work classifications and wage rates ............................................................2-1 b.Posting the wage decision..................................................................................2-2 2-2 ADDITIONAL “TRADE” CLASSIFICATIONS AND WAGE RATES .......................2-2 a.Additional classification rules .............................................................................2-2 b. Making the request .............................................................................................2-3 c. HUD review ........................................................................................................2-3 d. DOL decision ......................................................................................................2-3 2-3 CERTIFIED PAYROLL REPORTS ..........................................................................2-4 a.Payroll formats ...................................................................................................2-4 b.Payroll certifications ...........................................................................................2-4 c.“No work” payrolls ..............................................................................................2-4 d.Payroll review and submission ...........................................................................2-5 e.Payroll retention .................................................................................................2-5 f.Payroll inspection ...............................................................................................2-5 2-4 DAVIS-BACON DEFINITIONS ................................................................................2-5 a.Laborer or mechanic ..........................................................................................2-5 b. Employee ...........................................................................................................2-6 c.Apprentices and trainees....................................................................................2-6 d.Prevailing wages or wage rates .........................................................................2-7 e. Fringe benefits....................................................................................................2-7 f. Overtime .............................................................................................................2-7 g. Deductions .........................................................................................................2-8 h. Proper designation of trade ................................................................................2-8 i. Site of work.........................................................................................................2-8 C-2608/08/2023 C10 377 of 489
iv
SECTION - II REPORTING REQUIREMENT
2-5 COMPLETING A PAYROLL REPORT ....................................................................2-9 a. Project and contractor/subcontractor information...............................................2-9 b. Employee information.........................................................................................2-9 c. Work classification ..............................................................................................2-9 d. Hours worked .....................................................................................................2-10 e. Rate of pay .........................................................................................................2-10 f. Gross wages earned ..........................................................................................2-10 g. Deductions .........................................................................................................2-11 h. Net pay ...............................................................................................................2-11 i. Statement of compliance ....................................................................................2-11 j. Signature ............................................................................................................2-11
SECTION III - PAYROLL REVIEWS AND CORRECTIONS
2-6 COMPLIANCE REVIEWS .......................................................................................2-12 a. On-site interviews ...............................................................................................2-12 b. Project payroll reviews .......................................................................................2-12 2-7 TYPICAL PAYROLL ERRORS AND REQUIRED CORRECTIONS .......................2-12 a. Inadequate payroll information ...........................................................................2-12 b. Missing identification numbers ...........................................................................2-12 c. Incomplete payrolls ............................................................................................2-13 d. Classifications ....................................................................................................2-13 e. Wage Rates ........................................................................................................2-13 f. Apprentices and trainees....................................................................................2-13 g. Overtime .............................................................................................................2-13 h. Computations .....................................................................................................2-13 i. Deductions .........................................................................................................2-13 j. Fringe benefits....................................................................................................2-14 k. Signature ............................................................................................................2-14 l. On-site interview comparisons ...........................................................................2-14 m. Correction certified payroll..................................................................................2-14 2-8 RESTITUTION FOR UNDERPAYMENT OF WAGES .............................................2-14 a. Notification..........................................................................................................2-14 b. Computing wage restitution ................................................................................2-15 c. Correction certified payrolls ................................................................................2-15 d. Review of correction CPR ..................................................................................2-15 e. Unfound workers ................................................................................................2-15 C-2708/08/2023 C10 378 of 489
v
CHAPTER 3 LABOR STANDARDS DISPUTES, ADMINISTRATIVE
REVIEWS, WITHHOLDING, DEPOSITS AND ESCROW
ACCOUNTS, AND SANCTIONS .......................................................3-1 3-1 INTRODUCTION .....................................................................................................3-1 3-2 ADMINISTRATIVE REVIEW ON LABOR STANDARDS DISPUTES .....................3-1 a.Additional classifications and wage rates ...........................................................3-1 b. Findings of underpayment ..................................................................................3-2 3-3 WITHHOLDING .......................................................................................................3-2 3-4 DEPOSITS AND ESCROWS ..................................................................................3-3 3-5 ADMINISTRATIVE SANCTIONS ............................................................................3-4 a.DOL debarment ..................................................................................................3-4 b.HUD sanctions ...................................................................................................3-4 3-6 FALSIFICATION OF CERTIFIED PAYROLL REPORTS ........................................3-5
APPENDICIES
ACRONYMS AND SYMBOLS ...........................................................................................A-1 DAVIS-BACON - RELATED WEB SITES* ........................................................................A-2 HUD-4720, Project Wage Rate Sheet ..............................................................................A-3 WH-347, Payroll Form/Statement of Compliance ..........................................................A-4 C-2808/08/2023 C10 379 of 489
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CHAPTER 1 LAWS, REGULATIONS, CONTRACTS
AND RESPONSIBILITIES
The following paragraphs describe what the labor standards laws and regulations actually say and what they mean to you on HUD projects:
1-1 DAVIS-BACON AND OTHER LABOR LAWS.
a.The Davis-Bacon Act (DBA). The Davis-Bacon Act requires the payment of prevailing wage rates (which are determined by the U.S. Department of Labor) to all laborers and mechanics on Federal government and District of Columbia construction projects in excess of $2,000. Construction includes alteration and/or repair, including painting and decorating, of public buildings or public works.
b.The Contract Work Hours and Safety Standards Act (CWHSSA). CWHSSA requires time and one-half pay for overtime (O/T) hours (over 40 in any workweek) worked on the covered project. The CWHSSA applies to both direct Federal contracts and to indirect Federally-assisted contracts except where the assistance is solely in the nature of a loan guarantee or insurance. CWHSSA violations carry a liquidated damages penalty ($10/day per violation). Intentional violations of CWHSSA standards can be considered for Federal criminal prosecution.
CWHSSA does not apply to prime contracts of $100,000 or less. In addition, some HUD projects are not covered by CWHSSA because some HUD programs only provide loan guarantees or insurance. CWHSSA also does not apply to construction or rehabilitation contracts that are not subject to Federal prevailing wage rates (e.g., Davis-Bacon wage rates, or HUD-determined rates for operation of public housing and Indian block grant- assisted housing). However, even though CWHSSA overtime pay is not required, Fair Labor Standards Act (FLSA) overtime pay is probably still applicable. (See also Labor Relations Letter SL-95-01, CWHSSA Coverage threshold for overtime and health and safety provision, available on-line at the HUD Labor Relations Library at: www.hud.gov/ offices/olr/library.cfm)
Most HUD construction work is not covered by the DBA itself since HUD seldom contracts directly for construction services. Most often, if Davis-Bacon wage rates apply to a HUD project it is because of a labor provision contained in one of HUD’s “Related Acts” such as the U. S. Housing Act of 1937, the National Housing Act, the Housing and Community Development Act of 1974, the National Affordable Housing Act of 1990, and the Native American Housing Assistance and Self-Determination Act of 1996. The Related Acts are often referred to as the Davis-Bacon and Related Acts or DBRA.
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c.The Copeland Act (Anti-Kickback Act). The Copeland Act makes it a Federal crime for anyone to require any laborer or mechanic (employed on a Federal or Federally- assisted project) to kickback (i.e., give up or pay back) any part of their wages. The Copeland Act requires every employer (contractors and subcontractors) to submit weekly certified payroll reports (CPRs) and regulates permissible payroll deductions. d.The Fair Labor Standards Act (FLSA). The FLSA contains Federal minimum wage rates, overtime (O/T), and child labor requirements. These requirements generally apply to any labor performed. The DOL has the authority to administer and enforce FLSA.
HUD will refer to the DOL any possible FLSA violations that are found on HUD projects. 1-2 DAVIS-BACON REGULATIONS.
The Department of Labor (DOL) has published rules and instructions concerning Davis-Bacon and other labor laws in the Code of Federal Regulations (CFR). These regulations can be found in Title 29 CFR Parts 1, 3, 5, 6 and 7. Part 1 explains how the DOL establishes and publishes DBA wage determinations (aka wage decisions) and provides instructions on how to use the determinations. Part 3 describes Copeland Act requirements for payroll deductions and the submission of weekly certified payroll reports.
Part 5 covers the labor standards provisions that are in your contract relating to Davis- Bacon Act wage rates and the responsibilities of contractors and contracting agencies to administer and enforce the provisions. Part 6 provides for administrative proceedings enforcing Federal labor standards on construction and service contracts. Last, Part 7 sets parameters for practice before the Administrative Review Board. These regulations are used as the basis for administering and enforcing the laws. 1-3 CONSTRUCTION CONTRACT PROVISIONS
Each contract subject to Davis-Bacon labor standards requirements must contain labor standards clauses and a Davis-Bacon wage decision. These documents are normally bound into the contract specifications.
a.The labor standards clauses. The labor standards clauses describe the responsibilities of the contractor concerning Davis-Bacon wages and obligate the contractor to comply with the labor requirements. The labor standards clauses also provide for remedies in the event of violations, including withholding from payments due to the contractor to ensure the payment of wages or liquidated damages which may be found due. These contract clauses enable the contract administrator to enforce the Federal labor standards applicable to the project. HUD has standard forms that contain contract clauses. For example, the HUD-2554, Supplementary Conditions to the Contract for Construction, which is issued primarily for FHA multifamily housing and other construction projects DOL Regulations are available on-line on the World Wide Web:
http://www.dol.gov/dol/allcfr/Title_29.htm
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administered by HUD; the HUD-4010, Federal Labor Standards Provisions, which is used for CDBG and HOME projects, and the HUD-5370, General Conditions of the Contract for Construction or the HUD-5370-EZ (construction contracts ≤$100,000) which are used for Public and Indian Housing projects.
b.Davis-Bacon Wage Decisions. The Davis-Bacon wage decision (or wage determination) is a listing of various construction work classifications, such as Carpenter, Electrician, Plumber and Laborer, and the minimum wage rates (and fringe benefits, where prevailing) that people performing work in those classifications must be paid.
Davis-Bacon wage decisions are established by the DOL for various types of construction (e.g., residential, heavy, highway) and apply to specific geographic areas, usually a county or group of counties. Wage decisions are modified from time to time to keep them current. In most cases, when the contract is awarded or when construction begins, the wage decision is “locked-in” and no future modifications are applicable to the contract or project involved.
1-4 RESPONSIBILITY OF THE PRINCIPAL CONTRACTOR
The principal contractor (also referred to as the prime or general contractor) is responsible for the full compliance of all employers (the contractor, subcontractors and any lower-tier subcontractors) with the labor standards provisions applicable to the project. Because of the contractual relationship between a prime contractor and his/her subcontractors, subcontractors generally should communicate with the contract administrator only through the prime contractor. (See Contract Administrator, below.) To make this Guide easier to understand, the term “prime contractor” will mean the principal contractor; “subcontractor” will mean all subcontractors including lower-tier subcontractors; and the term “employer” will mean all contractors as a group, including the prime contractor and any subcontractors and lower-tier subcontractors.
HUD program labor standards forms are available on-line at:
www.hud.gov/offices/adm/hudclips/index.cfm
All current Davis-Bacon wage decisions can be accessed on-line at no cost at:
http://www.wdol.gov
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1-5 RESPONSIBILITY OF THE CONTRACT ADMINISTRATOR.
The contract administrator is responsible for the proper administration and enforcement of the Federal labor standards provisions on contracts covered by Davis-Bacon requirements. We use this term to represent the person (or persons) who will provide labor standards advice and support to you and other project principals (e.g., the owner, sponsor, architect), including providing the proper Davis-Bacon wage decision (see 2-1, The Wage Decision) and ensuring that the wage decision and contract clauses are incorporated into the contract for construction. The contract administrator also monitors labor standards compliance (see 2-6, Compliance Reviews) by conducting interviews with construction workers at the job site and reviewing payroll reports, and oversees any enforcement actions that may be required.
The contract administrator could be an employee or agent of HUD, or of a city or county or public housing agency. For HUD projects administered directly by HUD staff, usually FHA- insured multifamily projects, the contract administrator will be the HUD Labor Relations field staff. But many HUD-assisted projects are administered by local contracting agencies such as Public Housing Agencies (PHAs), Indian tribes and tribally-designated housing entities (TDHEs), and States, cities and counties under HUD’s Community Development Block Grant (CDBG) and HOME programs. In these cases, the contract administrator will likely be local agency staff. In either case, the guidance for you remains essentially the same.
The DOL also has a role in monitoring Davis-Bacon administration and enforcement. In addition, DOL has independent authority to conduct investigations. A DOL investigator or other DOL representative may visit Davis-Bacon construction sites to interview construction workers or review payroll information.
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CHAPTER 2 HOW TO COMPLY WITH LABOR STANDARDS
AND PAYROLL REPORTING REQUIREMENTS
WHERE TO START? Now that you know you’re on a Davis-Bacon project and you know some of the legal and practical implications, what’s next?
SECTION I - THE BASICS
2-1 THE WAGE DECISION.
Davis-Bacon labor standards stipulate the wage payment requirements for Carpenters, Electricians, Plumbers, Roofers, Laborers, and other construction work classifications that may be needed for the project. The Davis-Bacon wage decision that applies to the project contains a schedule of work classifications and wage rates that must be followed.
If you don’t have it already (and by now you should), you’ll want to get a copy of the applicable Davis-Bacon wage decision.
a. The work classifications and wage rates. A Davis-Bacon wage decision is simply a listing of different work classifications and the minimum wage rates that must be paid to anyone performing work in those classifications. You’ll want to make sure that the work classification(s) you need are contained in the wage decision and make certain you know exactly what wage rate(s) you will need to pay. Some wage decisions cover several counties and/or types of construction work (for example, residential and commercial work) and can be lengthy and difficult to read. Contact the contract administrator (HUD Labor Relations field staff or local agency staff) if you have any trouble reading the wage decision or finding the work classification(s) you need.
To make reading lengthy wage decisions easier for you, the contract administrator may prepare a Project Wage Rate Sheet (HUD-4720). This Sheet is a one-page transcript that will show only the classifications and wage rates for a particular project. A blank copy of a Project Wage Rate Sheet is provided for you in the appendix. Also, a fillable version of this form is available on-line at HUDClips (see web address in the Appendix). Contact the contract administrator monitoring your project for assistance with a Project Wage Rate Sheet.
Remember, the wage decision is contained in the contract specifications along with the labor standards clauses. See 1-3, Construction Contract Provisions.
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b. Posting the wage decision. If you are the prime contractor, you will be responsible for posting a copy of the wage decision (or the Project Wage Rate Sheet) and a copy of the DOL Davis-Bacon poster titled Employee Rights under the Davis-Bacon Act (Form WH- 1321) at the job site in a place that is easily accessible to all of the construction workers employed at the project and where the wage decision and poster won’t be destroyed by wind or rain, etc. The Employee Rights under the Davis-Bacon Act poster is available in English and Spanish on-line at HUDClips (see address in the Appendix). 2-2 ADDITIONAL “TRADE” CLASSIFICATIONS AND WAGE RATES.
What if the work classification you need isn’t on the wage decision? If the work classification(s) that you need doesn’t appear on the wage decision, you will need to request an additional classification and wage rate. This process is usually very simple and you’ll want to start the request right away. Basically, you identify the classification you need and recommend a wage rate for DOL to approve for the project. There are a few rules about additional classifications; you’ll find these rules in the DOL regulations, Part 5, and in the labor clauses in your contract. The rules are summarized for you here:
a. Additional classification rules. Additional classifications and wage rates can be approved if:
1. The requested classification is used by construction contractors in the area of the project. (The area is usually defined as the county where the project is located).
2. The work that will be performed by the requested classification is not already performed by another classification that is already on the wage decision. (In other words, if there already is an Electrician classification and wage rate on the wage decision you can’t request another Electrician classification and rate.)
3. The proposed wage rate for the requested classification “fits” with the other wage rates already on the wage decision. (For example, the wage rate proposed for a trade classification such as Electrician must be at least as much as the lowest wage rate for other trade classifications already contained in the wage decision.) And,
4. The workers that will be employed in the added classification (if it is known who the workers are/will be), or the workers’ representatives, must agree with the proposed wage rate.
The Employee Rights under the Davis-Bacon Act poster (WH-1321) replaces the Notice to all Employees. The new poster is available in English and Spanish on-line at HUDClips (see address in the Appendix).
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b. Making the request. A request for additional classification and wage rate must be made in writing through the contract administrator. (If the contract administrator is a local agency, the agency will send the request to the HUD Labor Relations staff.) If you are a subcontractor, your request should also go through the prime contractor. All you need to do is identify the work classification that is missing and recommend a wage rate (usually the rate that employer is already paying to the employees performing the work) for that classification. You may also need to describe the work that the new classification will perform.
c. HUD review. The HUD Labor Relations field staff will review the requested classification and wage rate to determine whether the request meets the DOL rules outlined in paragraph 2-2(a), above. If additional information or clarification is needed, the staff will contact the prime contractor (or contract administrator for local agency projects) for more information, etc. If the Labor Relations review finds that the request meets the rules, the staff will give preliminary approval on the request and refer it to the DOL for final approval. The staff will send to you a copy of the preliminary approval/referral letter to the DOL.
If the HUD Labor Relations staff doesn’t think the request meets the rules and if agreement can’t be reached on the proper classification or wage rate for the work described, the HUD Labor Relations staff will not approve the request. In this case, the staff will send your request to the DOL with an explanation why HUD believes that the request shouldn’t be approved. The DOL still has final decision authority. You will receive a copy of the disapproval/referral letter to the DOL.
d. DOL decision. The DOL will respond to HUD Labor Relations in writing about the additional classification and wage rate request. HUD Labor Relations will notify you of the DOL decision in writing. If the DOL approves the request, the prime contractor must post the approval notice on the job site with the wage decision.
If the DOL does not approve the request, you will be notified about what classification and wage rate should be used for the work in question. You will also receive instructions about how to ask for DOL reconsideration if you still want to try to get your recommendation approved.
It’s always a good idea to talk to the contract administrator before submitting an additional classification and wage rate request. The contract administrator can offer suggestions and advice that may save you time and increase the likelihood that DOL will approve your request. Usually, the contract administrator can give you an idea about what the DOL will finally decide.
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2-3 CERTIFIED PAYROLL REPORTS.
You’ll need to submit a weekly certified payroll report (CPR) beginning with the first week that your company works on the project and for every week afterward until your firm has completed its work. It’s always a good idea to number the payroll reports beginning with #1 and to clearly mark your last payroll for the project “Final.” a. Payroll formats. The easiest form to use is DOL’s WH-347, Payroll. A sample copy of the WH-347 is included in the back of this Guide. You may access a fillable version of the WH-347 on-line at HUDClips (see web address in the Appendix). Also, the contract administrator can provide a few copies of the WH-347 that you can reproduce. b. Payroll certifications. The weekly payrolls are called certified because each payroll is signed and contains language certifying that the information is true and correct. The payroll certification language is on the reverse side of the WH-347. If you are using another type of payroll format you may attach the certification from the back of the WH- 347, or any other format which contains the same certification language on the WH-347 (reverse).
c. “No work” payrolls. “No work” payrolls may be submitted whenever there is a temporary break in your work on the project, for example, if your firm is not needed on the project right now but you will be returning to the job in a couple of weeks. (See tip box, for “no work” payroll exemption!) However, if you know that your firm will not be working on the project for an extended period of time, you may wish to send a short note to the contract administrator to let them know about the break in work and to give an approximate date when your firm will return to the project. If you number payrolls consecutively or if you send a note, you do not need to send “no work” payrolls.
You are not required to use Payroll form WH-347. You are welcome to use any other type of payroll, such as computerized formats, as long as it contains all of the information that is required on the WH-347.
DOL’s website has Payroll Instructions and the Payroll form WH-347 in a “fillable” PDF format at this address:
www.dol.gov/whd/forms/wh347.pdf
If you number your payroll reports consecutively, you do not need to submit “no work” payrolls!
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d. Payroll review and submission. The prime contractor should review each subcontractor’s payroll reports for compliance prior to submitting the reports to the contract administrator.
Remember, the prime contractor is responsible for the full compliance of all subcontractors on the contract and will be held accountable for any wage restitution that may be found due to any laborer or mechanic that is underpaid and for any liquidated damages that may be assessed for overtime violations. All of the payroll reports for any project must be submitted to the contract administrator through the prime contractor. e. Payroll retention. Every contractor (including every subcontractor) must keep a complete set of their own payrolls and other basic records such as employee addresses and full SSNs, time cards, tax records, evidence of fringe benefit payments, for a Davis-Bacon project for at least 3 years after the project is completed. The prime contractor must keep a complete set of all of the payrolls for every contractor (including subcontractors) for at least 3 years after completion of the project.
f. Payroll inspection. In addition to submitting payrolls to the contract administrator, every contractor (including subcontractors) must make their own copy of the payrolls and other basic records available for review or copying to any authorized representative from HUD or from DOL.
2-4 DAVIS-BACON DEFINITIONS.
Before we discuss how to complete the weekly payroll forms, we need to review a couple of definitions. These definitions can help you understand what will be required of you:
a. Laborer or mechanic. “Laborers” and “mechanics” mean anyone who is performing construction work on the project, including trade journeymen (carpenters, plumbers, sheet metal workers, etc.), apprentices, and trainees and, for CWHSSA purposes, watchmen and guards. “Laborers” and “mechanics” are the two groups of workers that must be paid not less than Davis-Bacon wage rates.
1. Working foremen. Foremen or supervisors that regularly spend more than 20% of their time performing construction work and do not meet the exclusions in paragraph 2 below are covered “laborers” and “mechanics” for labor standards purposes for the time spent performing construction work.
2. Exclusions. People whose duties are primarily administrative, executive or clerical are not laborers or mechanics. Examples include superintendents, office staff, timekeepers, messengers, etc. (Contact the contract administrator if you have any questions about whether a particular employee is excluded.) An alert prime contractor that reviews subcontractor payroll submissions can detect any misunderstandings early, prevent costly underpayments and protect itself from financial loss should underpayments occur.
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b. Employee. Every person who performs the work of a laborer or mechanic is “employed” regardless of any contractual relationship which may be alleged to exist between a contractor or subcontractor and such person. This means that even if there is a contract between a contractor and a worker, the contractor must make sure that the worker is paid at least as much as the wage rate on the wage decision for the classification of work they perform. Note that there are no exceptions to the prevailing wage requirements for relatives or for self-employed laborers and mechanics.
c. Apprentices and trainees. The only workers who can be paid less than the wage rate on the wage decision for their work classification are “apprentices” and “trainees” registered in approved apprenticeship or training programs. Approved programs are those which have been registered with the DOL or a DOL-recognized State Apprenticeship Council (SAC).
Apprentices and trainees are paid wage rates in accordance with the wage schedule in the approved program.
1. Probationary apprentice. A “probationary apprentice” can be paid as an apprentice (less than the rate on the wage decision) if the DOL or SAC has certified that the person is eligible for probationary employment as an apprentice.
2. Pre-apprentice. A “pre-apprentice”, that is, someone who is not registered in a program and who hasn’t been DOL- or SAC-certified for probationary apprenticeship is not considered to be an “apprentice” and must be paid the full journeyman’s rate on the wage decision for the classification of work they perform.
3. Ratio of apprentices and trainees to journeymen. The maximum number of apprentices or trainees that you can use on the job site cannot exceed the ratio of apprentices or trainees to journeymen allowed in the approved program.
Most often, the apprentice/trainee wage rate is expressed as a series of percentages tied to the amount of time spent in the program. For example, 0-6 months: 65%; 6 months - 1 year: 70%; etc. The percentage is applied to the journeyman’s wage rate. On Davis- Bacon projects, the percentage must be applied to the journeyman’s wage rate on the applicable wage decision for that craft.
For more information about working subcontractors, ask the contract administrator or your HUD Labor Relations Field Staff for a copy of Labor Relations Letter LR-96-01, Labor standards compliance requirements for self-employed laborers and mechanics.
Labor Relations Letters and other helpful Labor Relations publications are available at HUD’s Labor Relations web site (see the list of web site addresses in the Appendix).
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d.Prevailing wages or wage rates. Prevailing wage rates are the wage rates listed on the wage decision for the project. The wage decision will list a minimum basic hourly rate of pay for each work classification. Some wage decisions include fringe benefits which are usually listed as an hourly fringe rate. If the wage decision includes a fringe benefit rate for a classification, you will need to add the fringe benefit rate to the basic hourly rate unless you provide bona fide fringe benefits for your employees.
1.Piece-work. Some employees are hired on a piece-work basis, that is, the employee’s earnings are determined by a factor of work produced. For example, a Drywall Hanger’s earnings may be calculated based upon the square feet of sheetrock actually hung, a Painter’s earnings may be based upon the number of units painted. Employers may calculate weekly earnings based upon piece rates provided the weekly earnings are sufficient to satisfy the wage rate requirement based upon actual hours, including any overtime, worked.
Accurate time records must be maintained for any piece-work employees.
If the weekly piece rate earnings are not sufficient, the employer must recompute weekly earnings based upon the actual hours worked and the rate on the wage decision for the work classification(s) involved. e.Fringe benefits Fringe benefits can include health insurance premiums, retirement contributions, life insurance, vacation and other paid leave as well as some contributions to training funds. Fringe benefits do not include employer payments or contributions required by other Federal, State or local laws, such as the employer’s contribution to Social Security or some disability insurance payments.
f.Overtime. Overtime hours are defined as all hours worked on the contract in excess of 40 hours in any work week. Overtime hours must be paid at no less than one and one- half times the regular rate of basic pay plus the straight-time rate of any required fringe benefits.
Note that the total hourly wage rate paid to any laborer or mechanic (basic wage or basic wage plus fringe benefits) may be no less than the total wage rate (basic wage or basic wage plus fringe benefits) on the wage decision for their craft. If the value of the fringe benefit(s) you provide is less than the fringe benefit rate on the wage decision, you will need to add the balance of the wage decision fringe benefit rate to the basic rate paid to the employee. For example, if the wage decision requires $10/hour basic rate plus $5/ hour fringe benefits, you must pay no less than that total ($15/hour) in the basic rate or basic rate plus whatever fringe benefit you may provide. You can meet this obligation in several ways: you could pay the base wage and fringe benefits as stated in the wage decision, or you could pay $15 in base wage with no fringe benefits, or you could pay $12 basic plus $3 fringe benefits. You can also off-set the amount of the base wage if you pay more in fringe benefits such as by paying or $9 basic plus $6 fringe benefits; as long as you meet the total amount. The amount of the base wage that you may off-set with fringe benefits is limited by certain IRS and FLSA requirements.
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g.Deductions. You may make payroll deductions as permitted by DOL Regulations 29 CFR Part 3. These regulations prohibit the employer from requiring employees to “kick-back” (i.e., give up) any of their earnings. Allowable deductions which do not require prior DOL permission include employee obligations for income taxes, Social Security payments, insurance premiums, retirement, savings accounts, and any other legally-permissible deduction authorized by the employee. Deductions may also be made for payments on judgments and other financial obligations legally imposed against the employee. h.Proper designation of trade. You must select a work classification on the wage decision for each worker based on the actual type of work he/she performed and you must pay each worker no less than the wage rate on the wage decision for that classification regardless of their level of skill. In other words, if someone is performing carpentry work on the project, they must be paid no less than the wage rate on the wage decision for Carpenters even if they aren’t considered by you to be fully trained as a Carpenter. Remember, the only people who can be paid less than the rate for their craft are apprentices and trainees registered in approved programs.
1.Split-classification. If you have employees that perform work in more than one trade during a work week, you can pay the wage rates specified for each classification in which work was performed only if you maintain accurate time records showing the amount of time spent in each classification of work. If you do not maintain accurate time records, you must pay these employees the highest wage rate of all of the classifications of work performed. i.Site of work. The “site of work” is where the Davis-Bacon wage rates apply. Usually, this means the boundaries of the project. “Site of work” can also include other adjacent or virtually adjacent property used by a contractor or subcontractor in the construction of the project, like a fabrication site that is dedicated exclusively, or nearly so, to the project.
Referring, again, to our example above where the wage decision requiring a $15 total wage obligation ($10 basic wage plus $5 fringe benefits) was met by paying $9 base wage plus $6 fringe benefits: Note that overtime rates must be based on one and one-half times the basic rate as stated on the wage decision. In the above example, the employer must pay for overtime: $15/hr ($9 basic + $6 fringe) plus $5 (one-half of $10, the wage decision basic rate) for a total of $20 per hour.
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SECTION II - REPORTING REQUIREMENTS
2-5 COMPLETING A PAYROLL REPORT.
What information has to be reported on the payroll form? The weekly payroll form doesn’t ask for any information that you don’t already need to keep for wage payment and tax purposes. For example, you need to know each employee’s name; his or her work classification (who is working for you and what do they do?), the hours worked during the week, his or her rate of pay, the gross amount earned (how much did they earn?), the amounts of any deductions for taxes, etc., and the net amount paid (how much should the paycheck be made out for?). No more information than you need to know in order to manage your work crew and make certain they are paid properly. And, certainly, no more information than you need to keep for IRS, Social Security and other tax and employment purposes.
You are required to submit certified payrolls to illustrate and document that you have complied with the prevailing wage requirements. The purpose of the contract administrator’s review of your payrolls is to verify your compliance. Clearer and complete payroll reports will permit the contract administrator to complete reviews of your payroll reports quickly. a.Project and contractor/subcontractor information. Each payroll must identify the contractor or subcontractor’s name and address, the project name and number, and the week ending date. Indicate the week dates in the spaces provided. Numbering payrolls is optional but strongly recommended.
b.Employee information. Effective January 18, 2009, payrolls shall not report employee addresses or full Social Security Numbers (SSNs). Instead, the first payroll on which each employee appears shall include the employee’s name and an individually identifying number, usually the last 4 digits of the employee’s SSN. Afterward, the identifying number does not need to be reported unless it is necessary to distinguish between employees, e.g., if two employees have the same name.
Employers (prime contractors and subcontractors) must maintain the current address and full SSN for each employee and must provide this information upon request to the contracting agency or other authorized representative responsible for federal labor standards compliance monitoring. Prime contractors may require a subcontractor(s) to provide this information for the prime contractor’s records. DOL has modified form WH- 347, Payroll, to accommodate these reporting requirements. c.Work classification. Each employee must be classified in accordance with the wage decision based on the type of work they actually perform.
For many contractors, the Weekly Certified Payroll is the only Davis-Bacon paperwork you need to submit!
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1. Apprentices or trainees. The first payroll on which any apprentice or trainee appears must be accompanied by a copy of that apprentice’s or trainee’s registration in a registered or approved program. A copy of the portions of the registered or approved program pertaining to the wage rates and ratios shall also accompany the first payroll on which the first apprentice or trainee appears.
2. Split classifications. For an employee that worked in a split classification, make a separate entry for each classification of work performed distributing the hours of work to each classification, accordingly, and reflecting the rate of pay and gross earnings for each classification. Deductions and net pay may be based upon the total gross amount earned for all classifications.
d. Hours worked. The payroll should show ONLY the regular and overtime hours worked on this project. Show both the daily and total weekly hours for each employee. If an employee performs work at job sites other than the project for which the payroll is prepared, those “other job” hours should not be reported on the payroll. In these cases, you should list the employee’s name, classification, hours for this project only, the rate of pay and gross earnings for this project, and the gross earned for all projects. Deductions and net pay may be based upon the employee’s total earnings (for all projects) for the week. e. Rate of pay. Show the basic hourly rate of pay for each employee for this project. If the wage decision includes a fringe benefit and you do not participate in approved fringe benefit programs, add the fringe benefit rate to the basic hourly rate of pay. Also list the overtime rate if overtime hours were worked.
1. Piece-work. For any piece-work employees, the employer must compute an effective hourly rate for each employee each week based upon the employee’s piece-work earnings for that week. To compute the effective hourly rate, divide the piece-work earnings by the total number of hours worked, including consideration for any overtime hours.
The effective hourly rate must be reflected on the certified payroll and this hourly rate may be no less than the wage rate (including fringe benefits, if any) on the wage decision for the classification of work performed. It does not matter that the effective hourly rate changes from week-to-week, only that the rate is no less than the rate on the wage decision for the classification of work performed. f. Gross wages earned. Show the gross amount of wages earned for work performed on this project. Note: For employees with work hours and earnings on other projects, you may show gross wages for this project over gross earnings all projects (for example, $425.40/$764.85) and base deductions and net pay on the “all projects” earnings.
Remember, the overtime rate is computed at one and one-half times the basic rate of pay plus any fringe benefits. For example, if the wage decision requires $10/hour basic plus $5/hour fringe benefits, the overtime rate would be: ($10 x 1 ½) + $5 = $20/hour.
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g. Deductions. Show the amounts of any deductions from the gross earnings. “Other” deductions should be identified (for example, Savings Account or Loan Repayment). Any voluntary deduction (that is, not required by law or by an order of a proper authority) must be authorized in writing by the employee or provided for in a collective bargaining (union) agreement. A short note signed by the employee is all that is needed and should accompany the first payroll on which the other deduction appears. h. Net pay. Show the net amount of wages paid.
i. Statement of compliance. The Statement of Compliance is the certification. It is located on the reverse side of a standard payroll form (WH-347). Be sure to complete the identifying information at the top, particularly if you are attaching the Statement of Compliance to an alternate payroll form such as a computer payroll. Also, you must check either 4(a) or 4(b) if the wage decision contains a fringe benefit. Checking 4(a) indicates that you are paying required fringe benefits to approved plans or programs; and 4(b) indicates that you are paying any required fringe benefit amounts directly to the employee by adding the fringe benefit rate to the basic hourly rate of pay. If you are paying a portion of the required fringe benefit to programs and the balance directly to the employee, explain those differences in box 4(c).
j. Signature. Make sure the payroll is signed with an original signature in ink. The payroll must be signed by a principal of the firm (owner or officer such as the president, treasurer or payroll administrator) or by an authorized agent (a person authorized by a principal in writing to sign the payroll reports). Signature authorization (for persons other than a principal) should be submitted with the first payroll signed by such an agent. Signatures in pencil; signature stamps; xerox, pdf and other facsimiles are not acceptable.
Only one employee authorization is needed for recurring (e.g., weekly) other deductions.
Written employee authorization is not required for income tax and Social Security deductions.
Only one Statement of Compliance is required for each employer’s weekly payroll no matter how many pages are needed to report the employee data.
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SECTION III - PAYROLL REVIEWS AND CORRECTIONS
2-6 COMPLIANCE REVIEWS.
The contract administrator or other inspector may visit the project site and interview some of the workers concerning their employment on the project. The DOL may also independently conduct its own reviews (see 1-5). In addition, the contract administrator will periodically review payrolls and related submissions, comparing the interview information to the payrolls, to ensure that the labor standards requirements have been met. You will be notified by the contract administrator if these reviews find any discrepancies or errors.
You will be given instructions about what steps must be taken to correct any problems. a. On-site interviews. Every employer (contractor, subcontractor, etc.) must make their employees available for interview at the job site with the contract administrator or other agency representative, or HUD or DOL representative. The interviews are confidential and the employee will be asked about the kind of work they perform and their rate of pay. Every effort will be made to ensure that these interviews cause as little disruption as possible to the on-going work. The interviewer will record the interview information, usually on a form HUD-11, Record of Employee Interview, and forward the interviews to the contract administrator.
b. Project payroll reviews. The contract administrator will compare the information on the interview forms to the corresponding payrolls to ensure that the workers are properly listed on the payrolls for the days and hours worked on the job site, work classification and rate of pay. The contract administrator will also review the payroll submissions to make certain that the payrolls are complete and signed; that employees are paid no less than the wage rate for the work classification shown; apprentice and trainee certifications are submitted (where needed); employee or other authorizations for other deductions are submitted (where needed); etc.
2-7 TYPICAL PAYROLL ERRORS AND REQUIRED CORRECTIONS.
The following paragraphs describe common payroll errors and the corrective steps you must take.
a. Inadequate payroll information. If an alternate payroll format used by an employer (such as some computer payrolls) is inadequate, e.g., does not contain all of the necessary information that would be on the optional form WH-347, the employer will be asked to resubmit the payrolls on an acceptable form.
b. Missing identification numbers. If the first payroll on which an employee appears does not contain the employee’s individually identifying number, the employer will be asked to supply the missing information. This information can be reported on the next payroll submitted by the employer if the employer is still working on the project. Otherwise, the employer will be asked to submit a correction certified payroll.
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c. Incomplete payrolls. If the information on the payroll is not complete, for example, if work classifications or rates of pay are missing, the employer will be asked to send a correction certified payroll.
d. Classifications. If the payrolls show work classifications that do not appear on the wage decision, the employer will be asked to reclassify the employees in accordance with the wage decision or the employer may request an additional classification and wage rate (see 2-2). If reclassification results in underpayment (i.e., the wage rate reported on the payroll is less than the rate required for the new classification), the employer will be asked to pay wage restitution to all affected reclassified employees. (see 2-8 for instructions about wage restitution.)
e. Wage rates. If the wage rates on the payroll are less than the wage rates on the wage decision for the work classifications reported, the employer will be asked to pay wage restitution to all affected employees.
f. Apprentices and trainees. If a copy of the employee’s registration or the approved program ratio and wage schedule are not submitted with the first payroll on which an apprentice or trainee appears, the employer will be asked to submit a copy of each apprentice’s or trainee’s registration and/or the approved program ratio and wage schedule. If the ratio of apprentices or trainees to journeymen on the payroll is greater than the ratio in the approved program, the employer will be asked to pay wage restitution to any excess apprentices or trainees. Also, any apprentice or trainee that is not registered in an approved program must receive the journeyman’s wage rate for the classification of work they performed.
g. Overtime. If the employees did not receive at least time and one-half for any overtime hours worked on the project, the following will occur:
1. If the project is subject to CWHSSA overtime requirements, the employer will be asked to pay wage restitution for all overtime hours worked on the project. The employer may also be liable to the United States for liquidated damages computed at $10 per day per violation. Or,
2. If the project is not subject to CWHSSA, the employer will be notified of the possible FLSA overtime violations. Also, the contract administrator may refer the matter to the DOL for further review.
h. Computations. If the payroll computations (hours worked times rate of pay) or extensions (deductions, net pay) show frequent errors, the employer will be asked to take greater care. Wage restitution may be required if underpayments resulted from the errors. i. Deductions. If there are any “Other” deductions that are not identified, or if employee authorization isn’t provided, or if there is any unusual (very high, or large number) deduction activity, the employer will be asked to identify the deductions, provide employee authorization or explain unusual deductions, as necessary.
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j.Fringe benefits. If the wage decision contains fringe benefits but the payroll does not indicate how fringe benefits were paid [neither 4(a) nor 4(b) is marked on the Statement of Compliance], the employer may be asked to submit correction certified payrolls and will be required to pay wage restitution if underpayments occurred. However, if the basic hourly rates for the employees are at least as much as the total wage rate on the wage decision (basic hourly rate plus the fringe benefit rate), no correction is necessary. k.Signature. If the payroll Statement of Compliance is not signed or is missing, the employer will be asked to submit a signed Statement of Compliance for each payroll affected. If the Statement of Compliance is signed by a person who is not a principle of the firm and that person has not been authorized by principle to sign, the employer will be asked to provide an authorization or to resubmit the Statement(s) of Compliance bearing the signature of a principle or other authorized signatory.
l.On-site interview comparisons. If the comparison of on-site interviews to the payrolls indicates any discrepancies (for example, the employee does not appear on the payroll for the date of the interview), the employer will be asked to submit a correction certified payroll report.
m.Correction certified payroll. Any and all changes to data on a submitted payroll report must be reported on a certified correction payroll. In no case will a payroll report be returned to the prime contractor or employer for revision. 2-8 RESTITUTION FOR UNDERPAYMENT OF WAGES.
Where underpayments of wages have occurred, the employer will be required to pay wage restitution to the affected employees. Wage restitution must be paid promptly in the full amounts due, less permissible and authorized deductions. All wages paid to laborers and mechanics for work performed on the project, including wage restitution, must be reported on a certified payroll report.
a.Notification to the Employer/Prime contractor. The contract administrator will notify the employer and/or prime contractor in writing of any underpayments that are found during payroll or other reviews. The contract administrator will describe the underpayments and provide instructions for computing and documenting the restitution to be paid. The employer/ prime contractor is allowed 30 days to correct the underpayments. Note that the prime contractor is responsible to the contract administrator for ensuring that restitution is paid. If the employer is a subcontractor, the subcontractor will usually make the computations and restitution payments and furnish the required documentation through the prime contractor.
HUD does not enforce or attempt to provide advice on employer obligations to make deductions from employee earnings for taxes or Social Security. However, HUD may refer to the IRS or other responsible agency copies of certified payroll reports that show wages paid in gross amounts (i.e., without tax deduction) for its review and appropriate action.
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b. Computing wage restitution. Wage restitution is simply the difference between the wage rate paid to each affected employee and the wage rate required on the wage decision for all hours worked where underpayments occurred. The difference in the wage rates is called the adjustment rate. The adjustment rate times the number of hours involved equals the gross amount of restitution due. You may also compute wage restitution by calculating the total amount of Davis-Bacon wages earned and subtracting the total amount of wages paid. The difference is the amount of back wages due. c. Correction certified payrolls. The employer will be required to report the restitution paid on a correction certified payroll. The correction payroll will reflect the period of time for which restitution is due (for example, Payrolls #1 through #6; or a beginning date and ending date). The correction payroll will list each employee to whom restitution is due and their work classification; the total number of work hours involved (daily hours are usually not applicable for wage restitution); the adjustment wage rate (the difference between the required wage rate and the wage rate paid); the gross amount of restitution due; deductions and the net amount actually paid. A properly signed Statement of Compliance must accompany the correction payroll.
d. Review of correction CPR. The contract administrator will review the correction certified payroll to ensure that full restitution was paid. The prime contractor shall be notified in writing of any discrepancies and will be required to make additional payments, if needed, documented on a correction certified payroll within 30 days. e. Unfound workers. Sometimes, wage restitution cannot be paid to an affected employee because, for example, the employee has moved and can’t be located. After wage restitution has been paid to all of the workers who could be located, the employer must submit a list of any workers who could not be found and paid (i.e., unfound workers) providing their names, Social Security Numbers, last known addresses and the gross amount due. In such cases, at the end of the project the prime contractor will be required HUD no longer requires the signature of the employee on the correction payroll to evidence employee receipt of restitution payment. In addition, except in the most extraordinary cases, HUD no longer requires employers to submit copies of restitution checks (certified, cashiers, canceled or other), or employee-signed receipts or waivers.
The contract administrator may communicate directly with a subcontractor when the underpayments are plainly evident and the subcontractor is cooperative. It is best to work through the prime contractor when the issues are complex, when there are significant underpayments and/or the subcontractor is not cooperative. In all cases, the subcontractor must ensure that the prime contractor receives a copy of the required corrective documentation.
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to place in a deposit or escrow account an amount equal to the total gross amount of restitution that could not be paid because the employee(s) could not be located. The contract administrator will continue attempts to locate the unfound workers for 3 years after the completion of the project. After 3 years, any amount remaining in the account for unfound workers will be credited and/or forwarded by the contract administrator to HUD.
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CHAPTER 3 LABOR STANDARDS DISPUTES, ADMINISTRATIVE
REVIEWS, WITHHOLDING, DEPOSITS AND ESCROW
ACCOUNTS, AND SANCTIONS
WHAT HAPPENS WHEN THINGS GO WRONG?
3-1 INTRODUCTION.
Even in the best of circumstances, things can go wrong. In a Davis-Bacon context, “things going wrong” usually means there’s a difference of opinion or a dispute about whether and to what extent underpayments have occurred. These disputes are usually between the contract administrator and one or more employers (the prime contractor and/ or a subcontractor). The dispute may involve something simple such as an additional classification request that is pending before the DOL; or something as significant as investigative findings following a complaint of underpayment. This chapter discusses some of what you may expect and what you can do to make your views known and to lessen any delays in resolving the problem or issue.
3-2 ADMINISTRATIVE REVIEW ON LABOR STANDARDS DISPUTES.
As mentioned in the Introduction above, a dispute about labor standards and compliance can arise for a number of reasons. The labor standards clauses in your contract and DOL regulations provide for administrative review of issues where there is a difference of views between the contract administrator and any employer. The most common circumstances include:
a. Additional classifications and wage rates. Additional classification and wage rate requests are sometimes denied by the DOL. An employer that is dissatisfied with the denial can request reconsideration by the DOL Wage and Hour Administrator. The employer may continue to pay the wage rate, as requested, until a final decision is rendered on the matter. When the final decision is known, the employer will be required to pay any additional wages that may be necessary to satisfy the wage rate that is established.
1. Reconsideration. The DOL normally identifies the reasons for denial in its response to the request. Any interested person (for example, the contract administrator, employer, representatives of the employees) may request reconsideration of the decision on the additional classification request. The request for reconsideration must be made in writing and must thoroughly address the denial reasons identified by the DOL. Employer requests for reconsideration should be made through the contract administrator but may be made directly to the DOL. (See 2-2(d), and also DOL Regulations 29 CFR
1.8.) All requests initiated by or made through the contract administrator or HUD must be submitted through the HUD Headquarters Office of Labor Relations.
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2. Administrative Review Board. Any interested party may request a review of the Administrator’s decision on reconsideration by the DOL’s Administrative Review Board. DOL regulations 29 CFR Part 7 explain the procedures for such reviews. (See also 29 CFR 1.9.)
b. Findings of underpayment. Compliance reviews and other follow-up enforcement actions may result in findings of underpayment. The primary goal in every case and at every step in this process is to reach agreements about who may have been underpaid and how much wage restitution may be due and, of course, to promptly deliver restitution to any underpaid workers. The contract administrator will usually work informally with you to reach such agreements. You will have an opportunity to provide additional information to the contract administrator that may explain apparent inconsistencies and/or resolve the discrepancies.
If informal exchanges do not result in agreement, the final determination and schedule of back wages due will be presented to you in writing and you will be permitted 30 days in which to correct the underpayment(s) or to request a hearing on the matter before the DOL. The request for hearing must be made in writing through the contract administrator and must explain what findings are in dispute and the reasons. In such cases, HUD is required to submit a report to DOL for review and further consideration. All requests for DOL hearing must be submitted through the HUD Headquarters Office of Labor Relations.
1. DOL review. The DOL will review the contract administrator’s report and the arguments against the findings presented in the hearing request. The DOL may affirm or modify the findings based upon the materials presented. You will be notified in writing by the DOL of the results of its review. If DOL concludes that violations have occurred, you will be given an opportunity to correct any underpayments or to request a hearing before a DOL Administrative Law Judge (ALJ). (See DOL Regulations 29 CFR 5.11 (b) and 29 CFR Part 6, Rules of Practice for Administrative Proceedings.)
2. Administrative Review Board. Contractors and/or subcontractors may request a review by the Administrative Review Board of the decision(s) rendered by the DOL ALJ in the administrative hearing process. See DOL regulations 29 CFR Part 7 for more information about this proceeding.
3-3 WITHHOLDING.
The contract administrator shall cause withholding from payments due to the prime contractor to ensure the payment of wages which are believed to be due and unpaid, for example, if wage underpayments or other violations are not corrected within 30 days after written notification to the prime contractor. DOL may also direct the withholding of contract payments for alleged wage underpayments. Withholding is considered to be serious and is not taken unless warranted. If withholding is deemed necessary, you will be notified in writing. Only the amounts needed to meet the contractor’s (and/or subcontractors’) liability shall be withheld.
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3-4 DEPOSITS AND ESCROWS.
In every case, we attempt to complete compliance actions and resolve any disputes before the project is completed and final payments are made. Sometimes, corrective actions or disputes continue after completion and provisions must be made to ensure that funds are available to pay any wage restitution that is ultimately found due. In these cases, we allow projects to proceed to final closing and final payments provided the prime contractor deposits an amount equal to the potential liability for wage restitution and liquidated damages, if necessary, in a special account. The deposit or escrow account is controlled by the contract administrator. When a final decision is rendered, the contract administrator makes disbursements from the account in accordance with the decision.
Deposit/escrow accounts are established for one or more of the following reasons:
a.Where the parties have agreed to amounts of wage restitution that are due but the employer hasn’t furnished evidence yet that all of the underpaid workers have received their back wages, e.g., some of the workers have moved and could not be located. The amount of the deposit is equal to the total gross amount of restitution due to workers lacking payment evidence. As these workers are paid and proper documentation is provided to the contract administrator, amounts corresponding to the documented payments are returned to the depositor. Amounts for any workers who cannot be located are held in the deposit/escrow account for three years and disposed as described in 2-8(f) of this Guide. b.Where underpayments are suspected or alleged and an investigation has not yet been completed. The deposit is equal to the amount of wage restitution and any liquidated damages, if applicable, that are estimated to be due. If the final determination of wages due is less than the amount estimated and placed in the escrow account, the escrow will be reduced to the final amount and the difference will be returned to the depositor.
If the parties agree to the investigative findings, the amounts due to the workers will be paid by the employer. As these workers are paid and proper documentation is provided to the contract administrator, the gross amounts corresponding to the documented payments are returned to the depositor.
1.If the employer is unable to make the payments to the workers, e.g., lacks the funds necessary, the contract administrator may make disbursements directly to the workers in the net amounts calculated by the employer. The amounts withheld from the workers for tax deduction will be returned to the employer as payments to workers are made. The employer shall be responsible for reporting and transmitting withholdings to the appropriate agencies.
Remember, the prime contractor is responsible and will be held liable for any wage restitution that is due to any worker employed in the construction of the project, including workers employed by subcontractors and any lower-tier subcontractors. See 1-4, Responsibility of the Principal Contractor, and 2-8, Restitution for Underpayment of Wages.
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2. If the employer is not cooperating in the resolution, the contract administrator shall make disbursements to the workers in accordance with the schedule of wages due. Amounts for unfound workers will be retained as described above (See 2-8(f) and 3-4(a)).
If the parties do not agree and an administrative hearing is requested, the escrow will be maintained as explained in 3-4(c), below.
c. Where the parties are waiting for the outcome of an administrative hearing that has been or will be requested contesting a final determination of wages due. The deposit shall be equal to the amount of wage restitution and liquidated damages, if applicable, that have been determined due. Once a final decision is rendered, disbursements from the escrow account are made in accordance with the decision. 3-5 ADMINISTRATIVE SANCTIONS.
Contractors and/or subcontractors that violate the labor standards provisions may face administrative sanctions imposed by HUD and/or DOL.
a. DOL debarment. Contractors and/or subcontractors that are found by the Secretary of Labor to be in aggravated or willful violation of the labor standards provisions of the Davis-Bacon and Related Acts (DBRA) will be ineligible (debarred) to participate in any DBRA or Davis-Bacon Act contracts for up to 3 years. Debarment includes the contractor or subcontractor and any firm, corporation, partnership or association in which the contractor or subcontractor has a substantial interest. Debarment proceedings can be recommended by the contract administrator or can be initiated by the DOL. Debarment proceedings are described in DOL regulations 29 CFR 5.12. b. HUD sanctions. HUD sanctions may include Limited Denials of Participation (LDPs), debarments and suspensions.
1. Limited Denial of Participation. HUD may issue to the employer a limited denial of participation (LDP) which prohibits the employer from further participation in HUD programs for a period up to one year. The LDP is usually effective for the HUD program in which the violation occurred and for the geographic jurisdiction of the issuing HUD Office. HUD regulations concerning LDP’s are found at 24 CFR
24.700-24.714.
Remember, if you have any questions or need assistance concerning labor standards requirements help is always available. Contact the contract administrator for the project you’re working on or the HUD Field Labor Relations staff in your area.
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2. Debarment and suspensions. In certain circumstances, HUD may initiate its own debarment or suspension proceedings against a contractor and/or subcontractor in connection with improper actions regarding Davis-Bacon obligations. For example, HUD may initiate debarment where a contractor has been convicted for making false statements (such as false statements on certified payrolls or other prevailing wage certifications) or may initiate suspension where a contractor has been indicted for making false statements. HUD regulations concerning debarment and suspension are found at 24 CFR Part 24.
3-6 FALSIFICATION OF CERTIFIED PAYROLL REPORTS.
Contractors and/or subcontractors that are found to have willfully falsified payroll reports (Statements of Compliance), including correction certified payroll reports, may be subject to civil or criminal prosecution. Penalties may be imposed of $1,000 and/or one year in prison for each false statement (see Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code).
Remember, if you have any questions or need assistance concerning labor standards requirements help is always available. Contact the contract administrator for the project you’re working on or the HUD Field Labor Relations staff in your area.
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ACRONYMS AND SYMBOLS
CDBG - Community Development Block Grant
CFR - Code of Federal Regulations
CPR - Certified Payroll Report
CWHSSA - Contract Work Hours and Safety Standards Act
DBA - Davis-Bacon Act
DBRA - Davis-Bacon and Related Acts
DOL - Department of Labor
FHA - Federal Housing Administration
FLSA - Fair Labor Standards Act
HUD - Housing and Urban Development (Department of)
IHA - Indian Housing Authority
LCA - Local Contracting Agency
LDP - Limited Denial of Participation
O/T - Overtime
PHA - Public Housing Agency
S/T - Straight-time
SAC - State Apprenticeship Council/Agency
TDHE - Tribally-Designated Housing Entity
§ - Section
¶ - Paragraph
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DAVIS-BACON - RELATED WEB SITES*
HUD Office of Labor Relations:
www.hud.gov/offices/olr
HUD Regulations:
http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR HUDClips (HUD Forms and Publications):
www.hud.gov/offices/adm/hudclips/index.cfm
DOL Davis-Bacon and Related Acts Homepage:
http://www.dol.gov/whd/contracts/dbra.htm
DOL Regulations:
http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR Davis-Bacon Wage Decisions:
www.wdol.gov
DOL Forms:
www.dol.gov/whd/programs/dbra/forms.htm
*Web addresses active as of January 2012
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Project Wage Rate Sheet U.S. Department of Housing
and Urban Development
Office of Labor Relations
Project Name:Wage Decision Number/Modification Number:
Project Number:Project County:
Work
Classification
Basic
Hourly
Rate (BHR)
Fringe
Benefits
Total
Hourly
Wage Rate
Laborers
Fringe
Benefits
$
Bricklayers $Group #BHR Total Wage
Carpenters $$
Cement Masons $$
Drywall Hangers $$
Electricians $$
Iron Workers $$
Painters $Operators Fringe Benefits:$
Plumbers $Group #BHR Total Wage
Roofers $$
Sheet Metal Workers $$
Soft Floor Workers $$
Tapers $$
Tile Setters $Truck Drivers Fringe Benefits:$
Other Classifications Group #BHR Total Wage
$
$
$
Additional Classifications (HUD Form 4230-A)
Work
Classification
Basic
Hourly
Rate (BHR)
Fringe
Benefits
Total
Hourly
Wage Rate
Date of
HUD Submission
to DOL
Date of
DOL
Approval
$
$
$
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4 C-5708/08/2023 C10 408 of 489
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5 C-5808/08/2023 C10 409 of 489
Appendix D:
City of Vista Stormwater Management Permit
Application Form & Reference Information
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Revis
ed
Marc
h
2003
CITY OF VISTA STORMWATER MANAGEMENT PERMIT INSTRUCTIONS To accompany all grading and/or building permit application(s).
In order to comply with the federal Clean Water Act, the state Water Code and City Ordinances, the City of Vista requires that property owners and/or contractors complete a Stormwater Management Permit prior to issuance of any grading and/or building permit(s). The purpose of a Stormwater Management Permit is to document Best Management Practices (BMPs) that will be implemented to prevent pollutants (including sediment) from entering stormwater conveyances and receiving waters. The Stormwater Management Permit becomes a part of the grading and/or building permit(s) and is subject to enforcement by City of Vista Inspectors and others. Stormwater Management Permits include the elements described in the following sections:
SECTION 1: REQUIRED INFORMATION – This section is used to provide the City with the basic information necessary to evaluate and prioritize project activities. Each of the items in this section must be completed, except projects with less than 1 acre of disturbed area are not required to have a Waste Discharge Identification Number (WDID). Grading projects with a disturbed area of greater than 1 acre must also meet additional requirements from the State Water Resources Control Board (SWRCB). Those additional requirements include filing a Notice of Intent (NOI) and preparation of a Stormwater Pollution Prevention Plan (SWPPP). Please note that watercourses and waterbodies include ephemeral drainages (i.e. those that are dry during part of the year).
SECTION 2: BEST MANAGEMENT PRACTICES – Best Management Practices (BMPs) must be selected and implemented to prevent erosion and construction-related materials, sediment, wastes and spills from entering stormwater conveyance system and receiving waters.
NOTE: It is the responsibility of the property owner and/or the contractor to determine the types of BMPs that will be used, as well as the levels of application necessary to comply with the City of Vista’s Stormwater and Grading Ordinances. Failure to prevent soil erosion and discharges of sediment and other pollutants from construction sites is subject to enforcement by the City, RWQCB or others.
At a minimum, the City requires that the BMPs designated as required in Table 1 (attached) be installed and maintained for all construction projects, as applicable. Additional BMPs listed in Table 1 may also be required in correlation to a project’s scope, potential for discharges and proximity to a watercourse or other receiving waters. The property owner and/or contractor must complete Table 2 (attached) indicating which BMPs will be used.
SECTION 3: CERTIFICATION – The property owner and/or contractor must sign this section certifying that they understand the City of Vista’s minimum requirements for stormwater management of construction activities and will implement, monitor and maintain the selected BMPs to ensure their effectiveness.
BMP manuals can be found at the City of Vista’s permit counter. These manuals include all of the referenced BMPs listed in Table 1 from the Caltrans Storm Water Quality Handbooks and the California Stormwater BMP Handbooks. The entire manuals may also be ordered directly from the following sources:
Caltrans Manuals California Stormwater BMP Handbook Caltrans Publications unit Municipal, Development/Redevelopment, Construction (916) 445-3520 & Industrial/Commercial (916) 324-8997 fax (510) 444-6771
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CITY OF VISTA
STORMWATER MANAGEMENT PERMIT
This form must be submitted with all grading and/or building permit application(s).
SECTION 1. REQUIRED INFORMATION
Grading and/or Building Permit Application Number:
Project Name:
Name of Project Contact Person:
Title:
Phone #:
Grading Start Date:
Grading Finish Date:
Project Address or Location:
Project Start Date: Project Finish Date: APN NO.
Estimated amount of disturbed acreage:_________ (If equal to or greater than 1 acre, you must also provide a WDID number from the SWRCB) WDID _______________________
Are there any watercourses or waterbodies within 50 feet of the limits of soil disturbance? YES NO Does the project site have or propose slopes higher than 25 feet or steeper than 1:1? YES NO Does the soil type have high erosion potential (fine grain soil like sand, silt, fine disintegrated granite)? YES NO SECTION 2 BEST MANAGEMENT PRACTICES
The goal of stormwater management planning is to reduce pollution to the maximum extent practicable by implementing Best Management Practices (BMPs). There are five categories of BMPs: 1) Erosion control practices, and; 2) Velocity reduction, and; 3) Sediment control practices, and; 4) Offsite sediment tracking control, and; 5) General site and materials management. BMPs from each of the five categories must be used together as a system in order to prevent erosion, sediment, waste, spills, and residues from leaving the site. When properly implemented, monitored and maintained, BMPs will function to prevent pollutants (including sediment) from leaving the site. It is the responsibility of the property owner and the contractor to determine the types of BMPs that will be used, as well as the levels of application necessary to comply with the City of Vista’s Stormwater and Grading Ordinances.
Best Management Practice Table
Table 1 (attached) must be used to select those BMPs that will be used to prevent stormwater pollution. At a minimum, the City requires that the BMPs designated as required in Table 1 be installed on all construction projects. However, some BMPs may not be applicable to every project. For example, if storm drain inlets are not present, then Storm Drain Inlet Protection (BMP SC10) would not be applicable. Table 2 (attached) must be completed by the project proponent to indicate which BMPs will be used.
Grading and/or Building Plan(s) Best Management Practice Checklist The following applicable information shall be shown on the grading, building and/or erosion control plans:
Project boundaries
Footprint of any existing structures and facilities.
Footprint of all structures and facilities to be constructed. Limits of grading.
Site entrances and exits.
Areas of soil disturbance, cut and/or fill.
Vegetative areas to remain undisturbed.
Designated materials storage areas.
Existing and proposed grades of the site, along with any intermediate grades that will significantly affect site drainage patterns. Location(s) where runoff from the site may enter storm drain(s), channel(s), and/or receiving waters.
Please note that each of the items identified by a check (3) in Table 1 must be included on the plans, and labeled with the designation found in the tables (for example, SS-7).
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SECTION 3. CERTIFICATION
The following certification must be signed before a Grading and/or Building Permit(s) will be issued.
I have read and understand that the City of Vista has adopted minimum requirements for stormwater management of construction activities. I certify that the BMPs I have selected from Table 1 and documented in Table 2 will be implemented to effectively minimize the potentially negative impacts of this project’s construction activities on stormwater quality. I further agree to install monitor, maintain or revise the selected BMPs to ensure their effectiveness.
I also understand that non-compliance with the City of Vista’s Stormwater and Grading Ordinances may result in enforcement by the City, including fines, citation, stop-work orders, cease and desist orders or other actions.
Property Owner /Contractor_________________________________________________ Date ________________________
08/08/2023 C10 413 of 489
Table 1.0 Minimum Construction Best Management Practices (BMPs) Daily
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Employee & Subcontractor Training CA40 x xxxxxxxxxxxxxxxxxxxxxxxxxxxxx Materials Management
(select all applicable to site activities)3
Material Delivery / Storage WM-1 CA10 x x x x x x x x x x x xxx xxxx Material Use WM-2CA11 x x xxxxxxxx x xxx xxxx
Spill Prevention and Control WM-4 CA12 x x x x
Waste Management 3
Solid Waste Mgmt 3 WM-5CA20 x xxxxxxxxxxxxxxxxxxxxxxxxxxxxx Sanitary / Septic Waste Mgmt 3 WM-9CA24 x xxxxxxxxxxxxxxxxxxxxxxxxxxxxx Concrete Waste Mgmt 3 WM-8 CA23 x x x x x x xxxx x
Hazardous Waste Mgmt 3 WM-6 CA21 xxxx
Contaminated Soil Mgmt 3 WM-7CA22 xxxx xxxx xxxxx
OFFSITE SEDIMENT TRACKING
CONTROL
(must select 1 or more)3
Entrance/Exit Inspection, Cleaning x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x Stabilized Construction Entrance/Exit 3 TC-1ESC24x xxxxxxxxxxxxxxxxxxxxxxxxxxxxx Construction Road Stabilization TC-2ESC23x xxxxxxxxxxxxxxxxxxxxxxxxxxxxx Entrance/Exit Tire Wash TC-3 x xxxxxxxxxxxxxxxxxxxxxxxxxxxxx Vehicle & Equipment Management
Vehicle & Equipment Cleaning NS-8 CA30 x x x x x x x x x x x x x x x x x x Vehicle & Equipment Fueling NS-9 CA31 x x x x x x x x x x x x x x x x x x Vehicle & Equipment Maintenance NS-10 CA32 x x x x x x x x x x x x x x x x x x Construction Practices
(select all applicable to site activities)3
Water Conservation NS-1 x xxxxxxxxx x xx x xxxxx
Structure Construction & Painting WM-6 CA03 x x x x x x xxx Paving Operations NS-3 CA02 xxxxxx
Dewatering Operations NS-2 CA01 x x x x x xxxxx
VELOCITY REDUCTION
(select all applicable to site)3
Outlet Protection SS-10 ESC40 x x x x x x x x x x x x
Check Dams SC-4 ESC41 x x x x x x x x x x x
Flared Culvert End Sections SS-10 x x x x x x x x x x x Slope Roughering & Terracing NA ESC42 x x x x x x x x x x x Category of Activity
BMP
Identification
Number
Planting and
Landscaping
Storm Water Best Management Practices
(BMP)Earthwork Waterways
Site
Preparation and
Earthmoving
Construction or Relocation
of Below Ground Structures
and/or Utilities
Roadways,
Walkways and
Parking
Lots
Construction of
Above Ground
Structures
08/08/2023 C10 414 of 489
EROSION CONTROL
Site Planning Considerations 3
Scheduling 3 SS-1ESC01x xxx xxxxx xxxxxxxxxxxxxxxxxx
Preservation of Exist Vegetation 3 SS-2 ESC02 x x x x x x x x x xxxxxxxx Vegetation Stabilization
(must select 1 or more)3
Temp Seeding and Planting 3 SS-4 ESC10 x x xxxxxxxx
Temp Mulching 3 SS3,6,8 ESC11 x x xxxxxxxx
Hydroseeding 3 SS-4 x x xxxxxxxx
Vegetation Buffer Strips 3 NA x x xxxxxxxx
Physical Stabilization
(must select 1 or more)3
Dust Control 3 ESC21 xxxxxxxx xxx xxxxxxxxxx xxx
Geotextiles, Mats, and Fiber Rolls 3 SS-7 ESC20 x x xxxxxxxx Bonded Fiber Matrix 3 SS-5 x x xxxxxxxx
Soil Stabilizers 3 SS-5 x x xxxxxxxx
Temp Stream Crossing 3 NS-4ESC22 xxxx xxxxxx x xxxxxxx xx xxx Diversion of Runoff
Earth Dikes SS-9 ESC30 x x x x x x x x x x x x x x x
Ditches and Berms SS-9 xxx xxx xxxxx xx
Temp Drains and Swales SS-9 ESC31 x x x x x x x x x x x x Slope Drains SS-11 ESC32 x x x x x x x x x x x x
SEDIMENT CONTROL
(must select 1 or more)3
Silt Fence 3 SC-1ESC50 xxxx xx xxxxx xx
Straw Bale Barrier 3 SC-9ESC51 xxxx xx xxxxx xx
Sand Bag/Gravel Bag Barrier 3 SC-6, SCESC52 xxxx xxx xxxxx xx Brush or Rock Filter 3 NA ESC53 xxxx xx xxxxx xx
Storm Drain Inlet Protection 3 SC-10ESC54 xxxx xxx xxxxx xx Straw Wattles 3 SC-5 xxxx xx xxxxx xx
Sediment Trap 3 SC-3ESC55 xxxx xxx xxxxx xx
Sediment Basin (sized for 10-yr storm)3 SC-2ESC56 xxxx xx xxxxx xx
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Table 2.0 Selected Construction Best Management Practices (BMPs) 3 Shown
on
plans?
If not shown on plans, why?
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Employee & Subcontractor Training CA40
Materials Management
(select all applicable to site activities)3
Material Delivery / Storage WM-1 CA10
Material Use WM-2 CA11
Spill Prevention and Control WM-4 CA12
Waste Management 3
Solid Waste Mgmt 3 WM-5 CA20
Sanitary / Septic Waste Mgmt 3 WM-9 CA24
Concrete Waste Mgmt 3 WM-8 CA23
Hazardous Waste Mgmt 3 WM-6 CA21
Contaminated Soil Mgmt 3 WM-7 CA22
OFFSITE SEDIMENT TRACKING CONTROL
(must select 1 or more)3
Entrance/Exit Inspection, Cleaning
Stabilized Construction Entrance/Exit 3 TC-1 ESC24
Construction Road Stabilization TC-2 ESC23
Entrance/Exit Tire Wash TC-3
Vehicle & Equipment Management
Vehicle & Equipment Cleaning NS-8 CA30
Vehicle & Equipment Fueling NS-9 CA31
Vehicle & Equipment Maintenance NS-10 CA32
Construction Practices
(select all applicable to site activities)3
Water Conservation NS-1
Structure Construction & Painting WM-6 CA03
Paving Operations NS-3 CA02
Dewatering Operations NS-2 CA01
VELOCITY REDUCTION
(select all applicable to site)3
Outlet Protection SS-10 ESC40
Check Dams SC-4 ESC41
Flared Culvert End Sections SS-10
Slope Roughering & Terracing NA ESC42
EROSION CONTROL
Site Planning Considerations 3
Scheduling 3 SS-1 ESC01
Preservation of Exist Vegetation 3 SS-2 ESC02
BMP Identification
NumberStorm Water Best Management Practices
(BMP)
BMP Selected
Implementation Date Maintence Schedule Other Notes
08/08/2023 C10 416 of 489
EROSION CONTROL (continued)
Vegetation Stabilization
(must select 1 or more)3
Temp Seeding and Planting 3 SS-4 ESC10
Temp Mulching 3 SS3,6,8 ESC11
Hydroseeding 3 SS-4
Vegetation Buffer Strips 3 NA
Physical Stabilization
(must select 1 or more)3
Dust Control 3 ESC21
Geotextiles, Mats, and Fiber Rolls 3 SS-7 ESC20
Bonded Fiber Matrix 3 SS-5
Soil Stabilizers 3 SS-5
Temp Stream Crossing 3 NS-4 ESC22
Diversion of Runoff
Earth Dikes SS-9 ESC30
Ditches and Berms SS-9
Temp Drains and Swales SS-9 ESC31
Slope Drains SS-11 ESC32
SEDIMENT CONTROL
(must select 1 or more)3
Silt Fence 3 SC-1 ESC50
Straw Bale Barrier 3 SC-9 ESC51
Sand Bag/Gravel Bag Barrier 3 SC-6, SC-8 ESC52
Brush or Rock Filter 3 NA ESC53
Storm Drain Inlet Protection 3 SC-10 ESC54
Straw Wattles 3 SC-5
Sediment Trap 3 SC-3 ESC55
Sediment Basin (sized for 10-yr storm)3 SC-2 ESC56
08/08/2023 C10 417 of 489
Appendix E:
Potential Staging and Storage Area Exhibits
08/08/2023 C10 418 of 489
DATE:
SUBJECT:
PROJECT:
1125 E. Taylor Street
Potential Construction Staging & Storage Area ��
Public Works Department Approval Required
See Section 7 .8.4.1 for Details
May 2023
Potential Construction Staging and Storage
ARPA City Wide CMP Replacement Project - CIP _8239 08/08/2023 C10 419 of 489
Appendix F:
City of Vista Standard Drawings
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Appendix G:
San Diego Regional Standard Drawings (SDRSD)
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03/24/2022
SAN DIEGO REGIONAL STANDARD DRAWING
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Appendix H:
Sample Public Notification Documents
08/08/2023 C10 449 of 489
NOTICE
NAME STREET
IMPROVEMENTS
WORK WILL START IN MONTH YEAR AND CONTINUE UNTIL MONTH YEAR The City of Vista will be constructing storm drain improvements on Street Name.
The construction will require the implementation of traffic control to accommodate the work. Some work may also take place at adjacent driveways, which will temporarily affect access.
The project may cause some inconvenience during construction, but once the work is complete Street Name will have much needed storm drain improvements.
We will endeavor to complete this work as quickly as possible and with a minimum of inconvenience to you. Thank you for your understanding and cooperation during the construction of this project.
If you have any questions about the project or any concerns during construction, please contact one of the individuals below:
Construction Contractor
Name
Company
Phone number
City Inspector
Name
Engineering Department
(760)643-5384
@cityofvista.com
08/08/2023 C10 450 of 489
NOTIFICACION
Movilidad Peatonal 2020
Proyecto de Banquetas
El trabajo comenzara MONTH YEAR y terminará MONTH YEAR
La ciudad de Vista ha contratado a ____________ de ____________, CA para la construcción de banquetas y entradas por las siguientes calles:
Street Name
La construcción requiere control de tráfico para poder trabajar. Las entradas y tráfico peatonal en las áreas mencionadas anteriormente serán temporalmente afectadas.
El acceso vehicular en el área de construcción también será temporalmente afectado, pero las calles se mantendrán abiertas al tráfico.
Esperamos completar este trabajo lo más pronto posible con mínimas molestias. Le agradecemos su comprensión y cooperación durante la construcción de este proyecto.
Si tiene alguna pregunta o preocupación durante la construcción, por favor comuníquese con cualquiera de las siguientes personas:
Gerente del Proyecto Inspector de la Ciudad Contratista de Construcción Name Name Name
Departamento de Ingeniería Departamento de Ingeniería Company (760) 643-____________(760) 726-1340 x-____Phone number [email protected] [email protected] E-mail address Atentamente,
Gerente del Proyecto para la Ciudad, Name
Ciudad de Vista, Departamento de Ingeniería
08/08/2023 C10 451 of 489
City of Vista
Public Works Department
NOTICE
Slurry Seal of Various Streets
NO PARKING OR DRIVING
7:00 A.M. - 5:00 P.M.
SORRY FOR THE INCONVENIENCE
Your street will be closed to ALL TRAFFIC on:
______________________________________________________
so that we may improve its surface.
Since parking on the street will be prohibited on this date,
PARK YOUR CAR ON AN ADJACENT, NON-POSTED STREET
before the above time so that you will not be deprived of its use.
PARKED CARS WILL BE TOWED
You will NOT BE ALLOWED TO DRIVE on your street until the surface dries. Slurry seal is sticky and will adhere to your tires if you drive on it when it is wet, so please obey all construction area signs.
Please do not permit water to run in the gutter during street work.
This will help the slurry to dry. If your trash is scheduled for pick up on this date, please have it out by 6:00 a.m. On major thorough-fare, driving and business access will be provided.
UNDER NORMAL WEATHER CONDITIONS your street should
generally be back in service by 5:00 p.m. However, the construction delays and unforeseen problems could effect the completion time. Work not done because of wet weather or unforeseen circumstances will be rescheduled and you will be re- notified within the next 2 weeks.
Due to the number of streets scheduled, we cannot tell you the exact time your street will be done. We realize the inconvenience caused by limited access to your street. Please understand that the inconvenience caused at this time is very small compared to what would later be required if this protection were not applied.
THANKS FOR YOUR COOPERATION
City of Vista, Public Works Department
(760) 726-1340 extension 1606
08/08/2023 C10 452 of 489
Ciudad de Vista
Departamento de Obras Públicas
ATENCIÓN
Aplicación de “Slurry Seal” (una capa
asfáltica) en varias calles de la ciudad
NO MANEJAR O ESTACIONAR
7:00 A.M. - 5:00 P.M.
DISCULPE LAS MOLESTIAS
Su calle estará cerrada para TODO EL TRÁFICO el día:
______________________________________________________
Para hacer arreglos a la superficie de la calle
Como no podrá estacionarse durante la fecha indicada,
ESTACIONE SU VEHICULO EN LAS CALLES VECINAS DONDE
ESTA PERMITIDO antes de la fecha y horario indicado para no privarlo del uso de su vehiculo.
LA GRÚA SE LLEVARA LOS VEHÍCULOS
ESTACIONADOS EN ESTA CALLE
NO PODRÁ MANEJAR en su calle hasta que la capa de asfalto este seco. El “Slurry Seal” es pegajoso y podrá causarle daño a las llantas de su vehiculo si maneja mientras este mojado. Por favor obedezca todos los letreros y señales de construcción.
No deje correr agua en la orilla de la calle durante las horas de trabajo. Esto ayudara a que se seque el asfalto. Si es el mismo día esta programado para que recojan la basura, por favor sáquela antes de las 6:00 A.M. En calles principales se podrá manejar y habrá acceso a los negocios.
EN CONDICIONES NORMALES su calle estará en servicio antes de las 5:00 P.M. Pero, si surgen problemas, puede afectar el tiempo de terminación. Si no se puede terminar por problemas del clima (lluvia), o cualquier otra circunstancia, se hará un nuevo horario y se le notificara dentro de dos semanas
Debido al número de calles programadas para una capa asfáltica, no podemos dar un tiempo exacto para la terminación de la obra en su calle. Sabemos que necesitan tener acceso a su calle. Por favor tenga en cuenta que el problema de su calle puede empeorar si no se arregla pronto.
GRACIAS POR SU COOPERACIÓN
Ciudad de Vista, Departamento de Obras
Públicas
(760) 726-1340 extensión 1606
08/08/2023 C10 453 of 489
Appendix I:
Project Sign Example
08/08/2023 C10 454 of 489
Storm Drain Replacement Project - Phase I
Construction schedule:
July 2023 to September 2023
Vista City Council
Mayor John B. Franklin
Deputy Mayor Corinna Contreras
Councilmember Joe Green
Councilmember Katie Melendez
Councilmember Dan O’Donnell
Project financed by: American Rescue Plan Act
08/08/2023 C10 455 of 489
Appendix J:
City of Vista Encroachment Permit Application
08/08/2023 C10 456 of 489
ENGINEERING DEPARTMENT
200 CIVIC CENTER DR.
VISTA, CA 92084
(760) 639-6111
CONTRACTOR'S MAILING ADDRESS:
ZIP
PHONE#:FAX#:
DESCRIPTION OF WORK:
START
DATE
ESTIMATED
COMPLETION DATE
[email protected]
[email protected]
TRAFFIC CONTROL PLANS (1 COPY)
SITE PLAN / VICINITY MAP (1 COPY)
JOB AND OR DRAWING NUMBER:
ASSESSOR'S PARCEL NUMBER (APN):
STATE LICENSE NUMBER
Please print required information
ENCROACHMENT PERMIT APPLICATION FORM
BUSINESS LICENSE NUMBER
ISSUED BY:DATE:
Version Date 06-29-18
NOTICE: THIS IS NOT AN ENCROACHMENT PERMIT - CONTRACTOR MUST SIGN ACTUAL PERMIT IN PERSON FOLLOWING CONTACTS:
CITY OF VISTA BUSINESS LICENSE (1 COPY)
CALOSHA PERMIT (1 COPY)
PLEASE SEND EMAIL SUBMISSIONS TO BOTH OF THE
JOB SITE ADDRESS OR DESCRIPTION:
WORKMAN'S COMP INSURANCE (1 COPY)
PERMIT #: PERMIT EXPIRATION DATE:
CITY
EMAIL ADDRESS:
CONTRACTOR:
DATE
48 HOUR NOTICE REQUIRED FOR
INSPECTION AND PRIOR TO START OF WORK
CALL (760) 639-6113
YOU MUST CALL UNDERGROUND SERVICE ALERT AT
(1-800-422-4133)
(2) WORKING DAYS PRIOR TO WORK
UNDERGROUND SERVICE ALERT NO. _________________
THIS PERMIT IS INVALID WITHOUT THIS NUMBER
A CASH SECURITY is required for trench excavation or any work not covered by construction bonds. CASH SECURITY shall be a minimum of $500 or equal to the cost of the proposed improvements within the City's right-of-way. CASH SECURITY may be returned as follows. For deposit amounts greater than $500, ninety percent (90%) of the CASH SECURITY may be returned upon completion and approval of the improvements by the City Engineer or his designee. The remaining ten percent (10%) or a minimum of $500 will be retained for a period of (1) year after the date that the work is completed. CASH SECURITY will be forfeited and used to correct defects, unacceptable work, trench failures or subsidence if corrective work is not completed within (5) working days after notification.
JOB SITE CONTACT:
CELL PHONE #
SIGNATURE
PRINT NAME
CONSTRUCTION PLANS (1 COPY)
LIABILITY INSURANCE (1 COPY)
THE FOLLOWING MUST BE INCLUDED OR EMAILED
WITH PERMIT APPLICATION:
I agree to save, keep and hold harmless the CITY OF VISTA, its officers and agents, from all damages, costs, or expenses in law or equity that may at any time arise or be set up because of damages to property, or of personal injury received by reason of or in the course of performing work, which may be caused by any willful or omission by the contractor, or any of the contractor's employees, or any sub-contractor. The CITY OF VISTA will not be liable for any accident, loss or damage to the work prior to its completion and acceptance.
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability, for workman’s compensation or to undertake self-insurance in accordance with the provisions of said Labor Code and I will comply with such provisions before commencing the performance of the work of this contract.
I hereby acknowledge that I have read this application and certify that the information given is correct. I agree to comply with all applicable city ordinances, state laws and with the requirements of this permit.
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CITY OF VISTA
Requirements for Encroachment Permits
1. Must have State Contractor’s License.
2. Required License Types: For trenching, only A, C-34, C-36 & C42 allowed Additional License Types may be allowed for Surface Improvements
3. State of California Occupational Safety and Health Permit (CALOSHA).
4. Must submit applicable Underground Service Alert Number, if applicable.
5. Must have valid City of Vista Business License.
6. Must have Workers Compensation Insurance with the City of Vista as Certificate Holder.
7. Must have Liability Insurance with the City of Vista listed as the Certificate Holder and as Additional Insured.
If working in a street or easement, liability amount must be at least $1,000,000.00 For surface improvements - sidewalks or driveways amount must be $500,000.00
8. Must have $1,000,000.00 of pollution liability insurance if doing any work on or within public sewer manholes or public sewer mains.
PLEASE NOTE
Additional Insured Endorsements must be included
as attachments to the Certificate of Liability Insurance ***** Endorsements must cover Ongoing and Completed Operations *****
8. Permit Fee & Required Cash Trust Deposit: Minimum cost of permit is $1,437.00 plus a minimum cash trust deposit of $500.00 or an amount equal to the cost of the improvements being done within the City’s right-of-way. Minimum permit fee covers 3 hours of inspection time and 30 minutes for preconstruction meetings. Additional fees will be due if more than 3 hours of inspection time is required. Trust Deposit may be returned as follows. Ninety percent (90%) of Cash Deposit may be returned upon completion and approval of the improvements by the City Engineer or his designee. The remaining ten percent (10%) or a minimum of $500.00 will be held for a period of one year after the completion and final approval of the work and may be returned if the funds are not required to correct improvement defects, unacceptable surface work and trench failure or subsidence which is not corrected within (5) working days after notification.
APPROVABLE TRAFFIC CONTROL PLANS MUST TO BE SUBMITTED WITH PERMIT APPLICATION. ISSUANCE OF PERMIT MAY BE DELAYED IF NOT SUBMITTED.
TRAFFIC CONTROL PLANS MUST MEET ALL REQUIREMENTS MANDATED WITHIN THE CALIFORNIA MANUAL ON TRAFFIC CONTROL DEVICES.
Version Date 06-29-18
200 Civic Center Drive • Vista, CA 92084 • Ph 760-639-6111 • Fax 760-639-6112
08/08/2023 C10 458 of 489
CITY OF VISTA - Notice
200 Civic Center Drive * Vista, CA 92084 * 760-639-6111 * Fax 760-639-6112 Ver 01-03-19
The following General Conditions shall be considered a part of the City of Vista Encroachment Permit
General
1. Telephone Engineering Inspection at 760-639-6113, 48 hours prior to any work in the City right-of-way.
2. The Encroachment Permit shall be kept on the worksite during all ongoing work with a traffic control plan clearly showing all affected streets and sidewalks and how vehicular and pedestrian traffic is being handled in accordance with standards approved by the City.
3. The traffic control plan must be prepared by either a California licensed Traffic Control Services Consultant (C31 Contractor’s License – Construction Zone Traffic Control Contractor), or be a California registered Traffic or Civil Engineer.
4. The traffic control plan must be in accordance with the latest edition of the California MUTCD or the San Diego Regional Standard Drawings.
5. Traffic control shall be set and maintained per the City approved traffic control plan. Barricades shall be Type II Flashing, with reflectorized delineators and signs, if required for night operations.
Minimum lane width is 11 feet.
6. Flagmen shall have a safety vest with a Stop paddle.
7. No street shall be closed without the approval of the Traffic Engineer pursuant to a City approved traffic control plan.
8. Pedestrian walkway shall be left open or detoured using a minimum four-foot wide safe passage way pursuant to a City approved traffic control plan.
9. Normal working hours are 7:00 a.m. – 5:00 p.m., Monday through Friday unless indicated otherwise on the City approved traffic control plan.
10. Work in the public right-of-way shall be Monday through Friday only. No work is allowed on Saturday, Sunday or City Holidays without prior City approval.
11. Upon permit expiration, all work ceases until a new permit application is submitted and approved.
Existing permit time extensions requests must be submitted prior to expiration date of permit.
12. No construction vehicles shall be parked upon public sidewalks. VCC 10.24.040.
13. Prior to obstructing the ingress/egress of any residential, commercial or industrial site, permittee is required to give property owner and the City 24 hour notice, whenever the permitee’s operations hinders vehicular or pedestrian traffic, whether public or private. The permitee shall construct and maintain such structures as required to provide safe ingress/egress through a construction site. All public and private access restrictions must be clearly shown on the traffic control plan submitted by the contractor for City review and approval.
14. It is the permitee’s responsibility to protect against any dirt or debris from being deposited within the City storm drain system.
15. The permittee is required to immediately comply with all directives issued by the City Inspector to eliminate dust, mud or other site nuisance.
08/08/2023 C10 459 of 489
CITY OF VISTA - Notice
200 Civic Center Drive * Vista, CA 92084 * 760-639-6111 * Fax 760-639-6112 Ver 01-03-19
The following Materials and Standards shall be considered a part of the City of Vista Encroachment Permit
Materials and Standards
1. The permittee is responsible to perform all work and conduct operations per City approved editions of the SSPWC, SDRSD, CITY STDS, CODES, this PERMIT, and all other applicable requirements.
2. No trenches shall be left open overnight. Trenches shall either be plated with temporary AC seal, or backfilled, and have a minimum of 1½” of compacted temporary AC Cold Mix placed.
3. Sidewalk, driveways, wheelchair ramps shall be sawcut to an even line and be removed joint to joint.
4. Curb and gutter and cross gutter shall be removed as directed by the City Inspector.
Concrete removal will require a 1’ asphalt sawcut and repave.
5. Permanent asphalt placement shall be per City of Vista Std. Dwg. SRF-08A & 08B. Cold Planing for Final Cap required for all trenches.
6. All damaged roadway striping shall be replaced in kind.
7. All concrete placed shall be transit mix, unless waived by the City Inspector.
8. Two sack slurry backfill is required when tunneling under curb and gutter.
9. All subgrade (12” depth) and basegrade material shall be compacted to 95 percent density.
Sidewalk sub/base material shall be compacted to 90 percent density. Certification, including compaction testing, shall be provided by the Permitee unless waived by the City Inspector.
10. No excavated material shall be hauled to a site within the City of Vista, without City Inspector knowledge of the end haul location, and the appropriate permits.
11. Any continuous hauling operation will require a City approved Haul Route Permit, prior to commencing the haul. Hauling of dirt/rock etc. without this permit may subject this haul to an immediate Stop Work Notice.
12. Approved City materials for construction include:
a. Asphalt: Surface course – ½” Med. C2-AR-4000-RAP, Min. .10 thick Base course – ¾” Med. B-AR-4000-RAP
Berm – D2-AR-8000
[Performance Grade (PG) asphalt binder PG 64-10 may be substituted for AR-4000 asphalt binder]
b. Concrete for structures – 6/sack 3250 PSA min.
c. Concrete for curb and gutters, sidewalks, driveways – 520-C-2500 min. d. Base material for wheelchair ramps – 6” Class II/Caltrans 26-1.02B e. Street base material – Class II
f. Sidewalk base material – 6” Class II
g. Curing compound on all concrete – Type I SSPWC 303-5.6
All standards are considered minimum and may be revised by the City depending upon field considerations, standards and materials approved on a signed City plan, supercede above materials and standards. It is the permittee’s responsibility to understand and implement all Standards, Codes and other applicable requirements. 08/08/2023 C10 460 of 489
Appendix K:
EDCO Trash Schedule, VUSD Schedule, NCTD
Route Map
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Key: Bold – Non-Student Day VISTA UNIFIED SCHOOL DISTRICT *- Minimum Day 2022-2023 School Calendar Board Approved: 5/5/2021 Board Approved Revision: 5/5/2022
School
Month M T W T F Student
Days
Teacher
Days Key Dates/Explanations
July 1
4 5 6 7 8 Jul. 4 - Independence Day (Legal Holiday)
11 12 13 14 15
18 19 20 21 22
25 26 27 28 29
August 1 2 3 4 5
11 15
Aug. 11 - District Professional Development Day (Non-Student Day) 8 9 10 11 12 Aug. 12 - District Professional Development Day (Non-Student Day) *15* *16*17 18 19 Aug. 15 - Teacher Preparation Day (Non-Student Day) 22 23 24 25 26 Aug. 16 - Site Professional Development Day (Non-Student Day) 29 30 31 Aug. 17 - First Day of School
September 1 2
21 21
5 6 7 8 9 Sept. 5 - Labor Day (Legal Holiday)
12 13 14* 15 16 Sept. 14 - K-8 Staff Development Day (Minimum Day) 19 20 21 22 23
26 27 28 29 30
October 3 4 5 6 7
21 21
10 11 12 13* 14* Oct. 13&14 - MVHS Finals (Minimum Days) 17 18 19 20 21
24 25 26 27 28
31 November 1 2 3 4
16 16
Nov. 11 - Veteran’s Day (Legal Holiday)
7 8 9 10 11 Nov. 15-18 - K-5 Parent Teacher Conf. (Minimum Days) 14 15* 16* 17* 18* Nov. 16&17 - 6-8 Parent Teacher Conf. (Minimum Day) 21 22 23 24 25 Nov. 21-25 - K-12 Non-Student Days
28 29 30 Nov. 24 - Thanksgiving Holiday (Legal Holiday) December 1 2
15 15
Dec. 19-21 - RBVHS & VHS Finals (Minimum Days)
5 6 7 8 9 Dec. 20&21 - MVHS Finals (Minimum Days)
12 13 14 15 16 Dec. 22-31 - Winter Recess (School Resumes Jan.11) 19* 20* 21* 22 23 Dec. 26 - Christmas Day Observed (Legal Holiday) 26 27 28 29 30
January 2 3 4 5 6
14 16
Jan. 1-9 - Winter Recess (School Resumes Jan. 11)
Jan. 2 - New Year’s Day Observed (Legal Holiday)
9 10 11 12 13 Jan. 9 - HS Professional Development Day (Non-Student Day) 16 17 18 19 20 Jan. 9 - K-8 Non-Student Day/Non-Staff Day 23 24 25 26 27 Jan. 10 - District Professional Development Day (Non-Student Day) 30 31 Jan. 16 - M.L. King Birthday (Legal Holiday)
February 1 2 3
6 7 8 9 10 Feb. 17 - Observed Lincoln’s Birthday (Legal Holiday) 13 14 15 16 17 Feb. 20 - President’s Day (Legal Holiday) 20 21 22 23 24 Feb. 21 - Non-Student Day/Non-Staff Day
27 28 17 17
March 1* 2 3
18 18
Mar. 1 - K-8 Staff Development Day (Minimum Day)
6 7 8 9 10 Mar. 15&16 - 6-8 Parent/Teacher Conf. (Minimum Day) 13 14 15* 16* 17 Mar. 23&24 - MVHS Finals (Minimum Day) 20 21 22 23* 24* Mar. 27-31 - Spring Break
27 28 29 30 31
April 3 4 5 6 7
20 20
10 11 12 13 14
17 18 19 20 21
24 25 26 27 28
May 1 2 3 4 5
22 22
8 9 10 11 12 May 29 - Memorial Day (Legal Holiday)
15 16 17 18 19
22 23 24 25 26
29 30 31
June 1 2
5 5
Jun. 5-7 - RBV/VHS Finals (Minimum Days)
5* 6* 7* 8 9 Jun. 6&7 - MVHS Finals (Minimum Days)
12 13 14 15 16 Jun. 7 - Last Day of School (Minimum Day - All) 19 20 21 22 23 Jun. 19 - Juneteenth Observed (Legal Holiday) 26 27 28 29 30
180 STUDENT DAYS
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Key: Bold – Non-Student Day VISTA UNIFIED SCHOOL DISTRICT Board Approved: 5/6/2021 *- Minimum Day 2023-2024 School Calendar Board Approved Revision: 5/5/2022 School
Month M T W T F Student
Days
Teacher
Days Key Dates/Explanations
July 3 4 5 6 7
10 11 12 13 14 July 4 - Independence Day (Legal Holiday) 17 18 19 20 21
24 25 26 27 28
31 August 1 2 3 4
12 16
Aug. 10 - District Professional Development Day (Non-Student Day) 7 8 9 10 11 Aug. 11 - District Professional Development Day (Non-Student Day) 14 15 16 17 18 Aug. 14 - Teacher Preparation Day (Non-Student Day) 21 22 23 24 25 Aug. 15 - Site Professional Development Day (Non-Student Day) 28 29 30 31 Aug. 16 - First Day of School
September 1
20 20
4 5 6 7 8 Sept. 4 - Labor Day (Legal Holiday)
11 12 13* 14 15 Sept. 13 - K-8 Staff Development Day (Minimum Day) 18 19 20 21 22
25 26 27 28 29
October 2 3 4 5 6
22 22
9 10 11 12 13 Oct. 19&20 - MVHS Finals (Minimum Days)
16 17 18 19* 20*
23 24 25 26 27
30 31
November 1 2 3
16 16
Nov. 10 - Veteran’s Day (Observed Legal Holiday)
6 7 8 9 10 Nov. 14-17 - K-5 Parent Teacher Conf. (Minimum Days) 13 14* 15* 16* 17* Nov. 15&16 - 6-8 Parent Teacher Conf. (Minimum Day) 20 21 22 23 24 Nov. 20-24 - K-12 Non-Student Days
27 28 29 30 Nov. 23 - Thanksgiving Holiday (Legal Holiday) December 1
14 14
Dec. 18-20 - RBVHS & VHS Finals (Minimum Days)
4 5 6 7 8 Dec. 19&20 - MVHS Finals (Minimum Days)
11 12 13 14 15 Dec. 21-31 - Winter Recess (School Resumes Jan.10) 18* 19* 20* 21 22 Dec. 25 - Christmas Day Observed (Legal Holiday) 25 26 27 28 29
January 1 2 3 4 5
15 17
Jan. 1 - New Year’s Day Observed (Legal Holiday)
8 9 10 11 12 Jan. 1 - Winter Recess (School Resumes Jan.10) 15 16 17 18 19 Jan. 8 - HS Professional Development Day (Non-Student Day) 22 23 24 25 26 Jan. 8 - K-8 Non-Student Day/Non-Staff Day 29 30 31 Jan. 9 - District Professional Development Day (Non-Student Day) Jan. 15 - M.L. King Birthday (Legal Holiday)
February 1 2
18 18
5 6 7 8 9 Feb. 16 - Observed Lincoln’s Birthday (Legal Holiday) 12 13 14 15 16 Feb. 19 - President’s Day (Legal Holiday) 19 20 21 22 23 Feb. 20 - Non-Student Day/Non-Staff Day
26 27 28* 29 Feb. 28 - K-8 Staff Development Day (Minimum Day) March 1
21 21
4 5 6 7 8 Mar. 13&14 - 6-8 Parent/Teacher Conf. (Minimum Day) 11 12 13* 14* 15* Mar. 14&15 - MVHS Finals (Minimum Day) 18 19 20 21 22
25 26 27 28 29
April 1 2 3 4 5
17 17
8 9 10 11 12 Apr. 1-5 - Spring Break
15 16 17 18 19
22 23 24 25 26
29 30
May 1 2 3
22 22
6 7 8 9 10 May 27 - Memorial Day (Legal Holiday)
13 14 15 16 17
20 21 22 23 24
27 28 29 30 31
June 3* 4* 5* 6 7
3 3
Jun. 3-5 RBV/VHS Finals (Minimum Days)
10 11 12 13 14 Jun. 4&5 - MVHS Finals (Minimum Days)
17 18 19 20 21 June 5 - Last Day of School (Minimum Day - All) 24 25 26 27 28 Jun. 19 - Juneteenth Observed (Legal Holiday) 180 STUDENT DAYS
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Appendix L:
Phase I Locations and As-Builts
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City of Vista, CA
April 6, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±1 inch = 13 feet
Print Date:0 8 164
ft
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08/08/2023 C10 471 of 489
08/08/2023 C10 472 of 489
City of Vista, CA
March 29, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±1 inch = 25 feet
Print Date:0 10 205
ft
08/08/2023 C10 473 of 489
08/08/2023 C10 474 of 489
City of Vista, CA
April 6, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±1 inch = 13 feet
Print Date:0 8 164
ft
08/08/2023 C10 475 of 489
City of Vista, CA
April 6, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±1 inch = 13 feet
Print Date:0 8 164
ft
08/08/2023 C10 476 of 489
City of Vista, CA
April 6, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±1 inch = 13 feet
Print Date:0 8 164
ft
08/08/2023 C10 477 of 489
08/08/2023 C10 478 of 489
08/08/2023 C10 479 of 489
City of Vista, CA
March 29, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±1 inch = 13 feet
Print Date:0 8 164
ft
08/08/2023 C10 480 of 489
08/08/2023 C10 481 of 489
City of Vista, CA
April 4, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±1 inch = 25 feet
Print Date:0 10 205
ft
08/08/2023 C10 482 of 489
City of Vista, CA
April 6, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±1 inch = 13 feet
Print Date:0 8 164
ft
08/08/2023 C10 483 of 489
City of Vista, CA
April 6, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±1 inch = 13 feet
Print Date:0 8 164
ft
08/08/2023 C10 484 of 489
City of Vista, CA
February 8, 2023
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. ±1 inch = 25 feet
Print Date:0 10 205
ft
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Appendix M:
Storm Drain Trench Backfill Details
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