HomeMy WebLinkAbout780363.tiff RESOLUTION
RE: APPROVAL OF CONTRACT FOR ENGINEERING SERVICES BETWEEN WELD
COUNTY AND HOGAN AND OLHAUSEN, INC. FOR THE WATTENBERG WASTE
AND SEPTIC TANK DISPOSAL SYSTEM.
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, in the opinion of the Board of County Commissioners,
it is in the best interest of Weld County to enter into a contract
with Hogan and Olhausen, Inc. for engineering services for feasi-
bility tests and the design of Waste and Septic Tank Disposal
Systems in Wattenberg, Colorado and
WHEREAS, a contract has been prepared by Counsel for
execution by said Hogan and Olhausen, Inc. , and by the Board of
County Commissioners of Weld County, Colorado, a copy of which is
attached hereto and incorporated by reference at this point.
NOW, THEREFORE, BE IT RESOLVED that the attached contract for
engineering services between Weld. County, Colorado, and Hogan and
Olhausen, Inc. , be and hereby is approved and the Chairman of the
Board of County Commissioners of Weld County, Colorado, is hereby
authorized and directed to execute said agreement for and on
behalf of Weld County, Colorado.
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 10th day of
July, A.D. , 1978.
Mutt . BOARD OF COUNTY COMMISSIONERS
ATTEST: f WELD OUNT , COLORADO
We County Clerk an Recorder
d C erk to the r
Yc
Q
APP ED AS TO FO i
\V� County Attorney
co- ..ee` .
' f�U i47 n�,�/ ? Date Presented: July 12, 1978
/7�� 2 / , <JJrg 780363
CONTRACT FOR ENGINEERING SERVICES
RE: WATTENBERG WASTE AND SEPTIC TANK DISPOSAL.
THIS AGREEMENT, made on the day of , in the
year 1978 between Weld County, Colorado, hereinafter "County" ,
and Hogan and Olhausen, Inc. , 2300 West Eisenhower Blvd. , Loveland,
Colorado 80537 , hereinafter referred, to as "Engineer" .
The services to be provided by Engineer to County under
this Contract as hereinafter described shall be limited to the
following described parcels of land, comprising six (6) sites :
lots 7 and 8 of Block 22; lots 1 and 2 of Block 19; lots 9
and 10 of Block 15; lots 1 and 2 of Block 16; lot 11 of
Block 13; and that property owned by Jose P. and Alica V.
Archeluta and described in Book 638, Reception No. 1559759
of the Weld County Records, all the above property being
in Wattenburg, Colorado.
A. PHASE ONE SERVICES - Percolation, soils and groundwater
test.
1. The Engineer shall make at least one deep bore of a
maximum depth of 10 feet, sufficient to make a proper determination
of soil classification, to provide an adequate analysis of the
soil, and sufficient to determine the depth of the top of the
water table.
2 . The Engineer shall make at least three (3) percolation
test holes per site.
3. The Engineer shall provide County with a written report
containing as a minimum the results of the tests and the Engineers '
recommendations as to the type of septic system required, its
approximate costs, and its feasibility.
4. The Engineer shall complete Phase I services on or before
July '2; 1978 .
B. PHASE II SERVICES. Septic System Design.
1. The Engineer shall prepare standard drawings to include
as a minimum the overall design of the system, septic system dimen-
sions, the septic tank capacity, the leach field size, and the
approximate location from property lines for each of the six (6)
sites.
•
2. The Engineer shall complete Phase II Services on or
/7
before Aug. 4 -, 1978 .
C. PHASE III SERVICES.
The Engineer shall answer any questions the Contractor of
the system may have on the design of the system. The Engineer
shall make a final inspection of the completed system to deter-
mine if the system meets design standards .
D. COUNTY' s RIGHT TO TERMINATE.
If Phase I Services indicate that Phase II Services would not
be feasible, then County has the right to terminate this agreement
prior to Phase II and not be liable for any Phase II payments or
expenses.
E. COMPENSATION.
County shall pay Engineer upon completion of Phase I Ser-
vices the total sum of $1,050 .00 if Phase I Services were provided
fcr all six (6) sites . If Phase I Services are provided to less
than six (6) sites, then County shall compensate Engineer at the
rate of $250 . 00 for each site, but in no event shall the total
compensation be more than $1,050 .00 . Phase I shall be deemed
complete upon the submission of the required complete written re-
port with recommendations to the County.
County shall pay Engineer upon completion of Phase II
Services the total sum of $1,050. 00 if Phase II Services are pro-
vided for all six (6) sites. If Phase II Services are provided
to less than six (6) sites then County shall compensate Engineer
at the rate of $225. 00 for each site, but in no event shall the
total compensation be more than $1, 050 . 00 . Phase II shall be deemed
complete upon the final design of all lots feasible for a septic
system and the final approval of the design by the Weld County
Health Department.
Additional services beyond Phase I and II such as boundary-
property survey, inspection during construction, specific require-
ments for financing not normally included in the above, funding-
public meetings and hearings and construction staking shall only
be performed upon authorization from Weld County. Compensation
-2-
for additional services shall be on an hourly basis plus non-
salary expenses not to exceed a fixed amount which shall be
negotiated as additional services are requested.
No services for which an additional cost or fee will be
charged by the Engineer shall be furnished without the prior
written authorization of the County.
F. RESPONSIBILITY OF THE ENGINEER.
The Engineer shall be responsible for the professional
quality, technical accuracy, timely completion, and the coordina-
tion of all designs, drawings, specifications, reports, and
other services furnished by the Engineer under this agreement.
The Engineer shall, without additional compensation, correct or
revise any errors or deficiencies in his designs, drawings,
specifications, reports and other services.
G. FEDERAL GRANT REQUIREMENTS.
This Contract is funded by a grant from the Depart-
ment of Housing and Urban Development and therefore the following
provisions shall apply:
1. Copeland "Anti-Kick Back Act" . The Engineer shall comply
with the applicable._regulations (a copy of which is attached, and
marked Exhibit "A" , and herein incorporated by reference) of the
Secretary of Labor, United States Department of Labor, made pur-
suant to the so-called "Anti-Kick Back Act" of June 13, 1934 (48
Stat. 948 : 62 Stat. 862; Title U.S.C. , Section 874 : and Title 40
U.S.C. , Section 276c) , and any amendments or modifications thereof,
shall cause appropriate provisions to be inserted in subcontracts
to insure compliance therewith by all subcontractors subject there-
to, and shall be responsible for the submission of affidavits
required by subcontractors thereunder, except as said Secretary of
Labor may specifically provide for reasonable limitations, variations,
tolerances, and exemptions from the requirements thereof.
2. Section 3 Clause. The Parties incorporate herein by
reference specifically the Section 3 Clause attached hereto and
designated Exhibit "B" .
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3. Equal Employment Opportunity. Activities and contracts
not subiect to Executive Order 11246, as amended. In carrying
out the program, the Grantee shall not discriminate against any
employee or applicant for employment because of race, color,
religion, sex, or national origin. The Grantee shall take
affirmative action to insure that applicants for employment
are employed, and that employees are treated during employment,
without regard to their race, color, religion, sex, or national
origion. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer; re-
crutement advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, incl-
uding apprenticeship. The Grantee shall post in conspicuous
places, available to employees and applicants for employment,
notices to be provided by the Government setting forth the pro-
visions of this nondiscrimination clause. The Grantee shall
state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex or
national origin. The Grantee shall incorporate the foregoing
requirements of this paragraph(a) in all of its contracts for
program work, except contracts governed by paragraph (b) of this
section, and will require all of its contractors for such work
to incorporate such requirements in all subcontracts for program
work.
4. Interest of Members, Officers, or Employees of Grantee,
Members of Local Governing Body, or Other Public Officials .
No member, officer, or employee of the Grantee, or its designees
or agents, no member of the governing body of the locality in
which the program is situated, and no other public official of
such locality or localities who exercises any functions or res-
ponsibilities with respect to the program during his tenure or
for one year thereafter, shall have any interest, direct or in-
direct, in any contract or subcontract, or the proceeds thereof,
for work to be performed in connection with the program assisted
-4-
under the Agreement. The Grantee shall incorporate, or cause
to incorporated, in all such contracts or subcontracts a pro-
vision prohibiting such interest pursuant to the purposes of
this section.
H. Liquidated Damages. The Engineer agrees that he can and
will complete the work within the contract time limit stated
herein. In the event the Engineer fails to complete the work
within the alloted time limit, liquidated damages will be asses-
sed in the amount of One Hundred dollars ($100.00) per calendar
day in excess of the time period allotted.
I. Breach of Federal Requirements. Weld County reserves the
right to terminate this Contract if the Engineer should breach
any of the Federal Requirements stated in this Contract.
J. Bonding Requirements. A performance bond in the amount of
100% of the contract price, with a corporate surety approved by
the Owner, will be required for the faithfull performance of the
contract.
IN WITNESS WHEREOF, the parties hereto have executed this
Contract the day and year first above written.
ATTEST: LGt!/Le .CA.n! COUNTY: BOARD OF COUNTY COMMISSIONERS
Weld County C1Lrk a corder WELD COUNTY, COLORADO
apd- 1 rk to the a d I
By: .c,c�da.4 '
`By:: Ed Dunbar, Chairman
eputy County erk
NGINEER: HOGAN and OLHAUSEN, INC.
By:
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,. +1_r:
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EXHIBIT "A" 6500.3
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ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS
SO-CALLED "ANTI-KICKBACK Act' AND REGULATIONS PROMULGATED
PURSUANT THERETO BY THE SECRETARY OF LABOR, •
- UNITED STATES DEPARTMENT OF LABOR
1 t
L.1/4, TITLE 18, U.S.C., section 874
,.r (Replaces section 1 of the Act of June 13,1934(48 Stat.948,40 U.S.C.,
"VII* sec.2766)pursuant to the Act of June 25, 1948,62 Stat.862)
w ?
KICKBACKS FROM PUBLIC WORKS EMPLOYEES
1 •
d9411 8 Whoever,by force,intimidation,or threat of procuring dismissal from employment,or by any other manner whatso-
ever induces any person employed in the construction,prosecution,completion or repair of any public building,public work,
or buildingor work financed in whole or in part by loans or grants front the United States,to give up any put of the cam-
to which lie is entitled under his midair of employment,shall be fined not more than$5,01)0 or imprisoned not
more than five years,or both.
ass
vih SECTION 2 OF THE ACT OF JUNE 13, .1934, AS AMENDED (48 Stat.948,62 Stat.862,
63 Smt.108,72 Stat.967,40 US.C.,sec.276c)
The Secretary of labor shall make reasonable regulations for contractors and subcontrictora engaged in the construction,
y t; prosiTtlii00, or repair air of public hl buildings,public works or buildings or works financed in whole or in part by loans
3 "f•%„ x"'i'b or grants from the I Inil, 1 States,including a provision that each contractor 4nd subcontractor shall furnish weekly a statement
4n Pr+`.tttira/B,�a with respect to the wages paid each employee during the preceding week. Section 1001 of Title 10(United Suites Code)shall
apply to such statements. •
•
,.yri..yW,( Pursuant to the•aforesaid Anti-Kickback Act,the Secretary of Labor,United Stain Department of Labor,has promul.
• gated the regulations hereinafter set forth,which regulations are found in TUIe 29,Subtitle A,Code of Federal Regulations,
Part 3. The term"this port,"as used in the regulations hereinafter set forth,refers to Pad 3last above mentioned. Said reg •
-
i illathms are niollowC
> TITLE 29-LABOR •
I • Subtitle A—Office of the Secretary of Labor
PART 3-CONTRACTORS AND SUBCONTRACTORS ON PUBLIC BUILDING OR PUBLIC WORK FINANCED IN
I • WHOLE OR IN PART BY LOANS OR GRANTS FROM THE UNITED STATES
Section 3.1 Purpose and scope. •
This part prescribes"anti-kickback"regulations under section 2 of the Act of June 13,1934,as amended(40 U.S.C.
• 2,6c),
'' .. popularly known as the Copeland Act. This part applies to any contract which is subject to Federal wage standards
and which is for the construction,prosecution,completion,or repair of public buildings,public works or buildings or works
�'...:'.� financed in whole Of in part by loans or pants from the United States,The,part is intended to aid in the enforcement of the
minimum wage provisions of the Davis-flacon Act and the various statutes dealing with Federallywuwled construction that
- contain similar minimum wage provisions,including those provisions which art not subject to Reorganisation Plan No.14
•
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• 1 Section 3.7 Applications for the approval of the Secretary of Labor, -
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Y 1 ,1, Any applpr nl n for the Making of payroll,h luclums miller§3.0 shall comply w-ill. •
;rOw&I mrr nent,pr1 scM ideal in the
• v it,v , 'ks� following paragraphs of this s,•coo,li
b70. ly (a) The amiliestion shall lw hi writing and sb III III.addressed to the eecn9 ir)of I oboe
or,. ;est`"n. (h) The application,bon shall identify the contract or+contract...mulct 1lc r win L 11 a rk u, p r l , Ili b,•performed. Per.
• .mission will be given for deductions only on specific,nicotined contracts,rung upon a slam i e of exlrptemual circumstances.•''ar M • (c)�The application shall state-affirmatively that than is compliance with the standards el)forth 1,1 the I,rU1i tens of
4•I+s. §3,6.The affirmation shall be accangou,ied by a full statement of the facts indicating sorb compliance,
51.5 "al) - - (d) 7•hr application shall include a description of the pmpu:rd drduelion, the purpose to he served therein,and the
r ) classes of laborers or mechanics front whose wages the proposed deduction would be made.
_- Pi (e) The application shall.laic the name and business of any third)11114111 10 whom any f nod..s(doubted(nom the pro-
- ,-.1 posed deduetpo„s arc to he transmitted and the affiliation of sal ll person,if any,with the applicant,
Section 3.8 Action by the Secretary of Labor upon applications. ,
The Secretary of Labor shall decide whether or net the'n•qurated deduction is permissible under provisions of§3,6;
- and shall notify the applicant in writ lung of I is ilecispon.'
M 4e Section 39 Prohibited payroll deductions.
.'i
Deductions not elsewhere provided for by this part and which are not found to be permissible under§3.6 are prohibited.
oohed
Section 110 Methods of payment of wages:
a .'
The payment of wages shall be by cash,negotiable instruments payable on demand,or the additional{arms of con,pcuv-
r tion for winch deductions arc permissible under this part. No other methods of payment shall be reeogupscd on work subject
u to the Copeland Act.
• Section 3.11 Regulations part of contract. •
•
. . All contracts made with respect to the construction,prosecution,completion.or repair of any public building or public
• work or building or work financed in whole or in part lay loans or grants from the United States covered by the regulations in
this part'hall expressly hod the contras tor or subcontractor to comply with such of the regulations in this pal as may he Vs
plicaLle, In this regard,ace§5.5(a)of this subtitle.
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(d) Any deduction constituting a contribution on behalf of the',croon employed to funds established by the employer I or representatives of employees,or both,for the propose of pmvid ing either from principal or income,or both,medical or .
hospital rare,pensions or iIIIIIIIILICS on retirement,death benefits,compensation for injuries,illness,accidents,sickness;or •. •-
liability^or for insurance w provide any of the foregoing,or unemployment benefits,vacation pay,savings accounts,or { '—
similar pays nuts for the benefit fit of employees,their families and dependents: Provided,however,That 1Le'folbwing standards .
are met: (1)The deduction'is not Otherwise prohibited by law;(2)it is either: (i)Voluntarily consented to by the employee • •
in writing and in advance of the period in which the work is to be done and such consent is not a condition either for the - _ ,
obtaining of or for the continuation of employment,or(ii)provided for in a bona fide collective bargaining agreement he. 6 ^' ,,.
• tween the contractor or subcontractor and representatives of its employee&(3)no profit or other benefit is otherwise obtained,
• directly or ihdiredly,by the Lntractor or subcontractor or any affiliated person in the form of commission,dividend,or.
otherwise; and(4)the deductions shall serve the convenience and interest of the employee.
(r) Any deduction contributing toward the,purchase of llmtfll States Defense Stamps and Bonds when voluntarily
authorized by the inn plis re., I "
{ �.—
(1) Any deduction mowed by the employee to rnablr hen to repay loans to or to purchase shares in credit uhiona r ",.
organised and operated in accordance with Federal and State credit union statutes. - k�-�^
(g) A,i deduction voluntarily amborired by the employee for the making of contributions to governmental or quash I
governmental agencies,sorb as the American lied Cross.
(h) Any deduction ro6mtarily authorized by the employee for the making of contributions to Community Chew,
I lofted fibers Funds.and similiar charitable organizations.
(i) Any deductions to pay regular union initiation fees and Inemhersir p dues,not inchiding fines or special armaments:
Prouder!,however,That a collective bargaining agreement between the conteactor.or subcontractor and representatives pf its
employees l re vides for melt deductions and the deductions are not otherwise prohibited by law.
"
• (j) Any deduction nut more than for the"reasonable cost"of board,lodging,or other facilities meeting the reymre•
mrnts of m•etion 3(m)of the Fair Labor Standards Act of 1935,as amended,and Part 531 of this title. When such a deduction . :
is made the additional n•eords n•quired under§516.27(a)of this title shall he kept. (, {
•
Section 3.6 Payroll deductions permissible with the approval of the Secretary of Labor. +
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Any contractor or subcontractor may apply to the Sr metary of Labor for permission to make any deduction not pew wWsN1•
milted under§ 3,.5. The Secretary may grant permission whenever he finds that: - - ,f scuts
(a) The contractor,subcontractor,or any affiliated person does not make a profit or benefit directly or indirectly from
the deduction either in the form of a commission,diridend,or otherwise; /@mleylpt?
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(b) The dedniaion is not otherwise prohibited by law; - Ma'
b' sate @:
(c) The deduction is either(I)voluntarily consented to by the employee in writing and in advance of the period in which �y &str.�;
31.
the work is to be done and such consent is not a condition either for the obtaining of employment or its continuance,or(2) F't ��*v,,a�"
provided for'in a bone fide collective bargaining agreement between the contractor or subcontractor and representatives of its r so
employees:and (► 1.„,,, ail
.;or. .4.
• (d) The deduction serves the convenience and interest of the employee. ra v}` e
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(L) Each contractor tlr,,tI,conllalif yen aged in the construction, Ill 4'r 11h011,completion,or repay of any piddle •
�>� ' building or iodise work or build boildiug or wok hn need in whole or ill l art by Ira,'or graphs from tin Unititd States,shall
a NI furnish each week a stall:MI.1H with respect to the watts paid enul,of its rond )' 's engaged on work centred Lv 29 CI'It .
'ikgi•51. Parts 3 andp during the preceding weekly payroll peod Tide statement shall ire executed by the contractor or sub.m.
41'...e11:. W tractor or by and authorised officer or coq buy cc of the contractor or subcontractor who supuuscs the pry meth n(wacrs,and
e' x.,.^t 1 shall be on loon 11'113.01,"Statunrnt of Compliance",or on a,identical Corot on the back of 11'II:Ill,"I'is roll(For Con.w'1', tractors Optional Use)"or on any form with identical wording. Sample copies of%lI 317 and tt'II 3 lit may le obtniwed from
the Government contracting or sponsoring agency.and copies oft hese forms may be purchased at the Government 14inling
-1"1,"..,,.V .Office.
.aa,a'as:awlowrj
(c) The requirements of this section shall nut apply to any rontraet of$2,100 or'lest.
man„' irr-1 v _ • (d) Upon a written bndt g by the head of a Federal agency,ILe Secrclary of labor may provide reasonable limitalions,
,rs^.,P i•`a1 ' variations tolerances,and exemptions from the requirements of this section subject to such conditions as the Secretary of
ifuak Labor may specify.
a , y
.. 129 Fit 9h,Jed.1.19L.b as amended at 33 F.R.10106,j n1)'17, 1960)
Section 3.4 Submission of weekly statements and the preservation and inspection of weekly payroll records.
(a) Each weekly statement required under §3.3 shall be debtered by the contractor or subcontractor,within seven
days after the regular payment date of the payroll period,to a rcpnse Relive of a Federal or State agency in change at the
she of the building or work,or,if there is no representative of a Federal or State agency at the site of the building or work,
Ow Flatrmenl shall be mailed by the contractor or sulauulractor,within such thin.,to a Federal or State agency c nfractug
,, • . for or fit an•u¢the building or work. \ftrr such su m ii Mein and eherk as may lee made,suet,statement,or a copy*hereof,
,oc,.v,. • shall be kept mailable,or shall be transmit led tugel her with a report of sty violation,its accordance with applicable procedures
qj; preserihi d by the billed States Department of Labor.
n fn.: ,ast',.
(b) Each contractor or subcontractor r shall preserve his weekly pay roll records for a period of three years from date of
iTiltiLdaiill
completion of the contract The payroll records shall sit out accurately and completely tic name and address of each laborer
and mechanic,his correct classification,rate of pay,daily and weekly number of Fees if urked,deductions made,and actual
✓ wages paid. Such payroll records shall L•made available at a0 times for inspection la the contracting off ur or his antl,onzed
representative,and by mnharized representatives of the Department of l.aiaor.
Section 3.5 Payroll:deductions permissible without application to or approval of the Secretary of Labor.
! Deductions nude under the circumstances or in the situations described in 11w paragraphs of this section may lie made
without application to and approval of the Secretary of Labor:
(a) Any deduction made in compliance with the requirements of Federal:State,or local law,mach as Federal or Slate .
witWwlding income taxes and Federal social security taxes.
(b) Any deduction of sums pee.io,:h paid to the employer as a butte(ids prepayment of wages When such prep:n'men
.
is made willuul dis'nlnt or interest. :\"bona fide prepayment of wages is considered to have Levu made only when wash or
its equivalent has been advanced to the person employed in stub manlier as to give him sromplete freedom of disposition of the
.'...v advanced funds,
t s. • . (e) An) deduction of,m,oanlsrequired by court process to be paid to another,unless thededadion is in favor of the
1 .'r contractor,subcontractor or any affiliated person, or when collusion or collaboration exists'
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$ (e.g.,the College(lousing Act of 1950,the Federal Water Pollution Control Act,and the Housing Act of 1959),and m the ly-yr
enforcement of the overtime provisions of the Contract Work I lours Standards Act whenever they are applicable to e n iruetion 1 f '"•
work. The part details the obligation of contractors and subcontractors relative in the weekly submission of statements rgard-
ing the wages paid on work covered thereby;sets forth the circumstances and procedures governing the making of payroll de- i i —
ductiona from the wages of those employed on such work;and delineates the methods of payment permissible on such work,
'' Section 3,2 Definitions. t.
i As used in the regulations in this part: .
(a) The terms"building"or"work"generally include construction activity as distinguished from manufacturing, I' •',( '• .
furnishing of materials,or servicing and maintenance work. The terms include,without limitation,buildings,structures,and _ ,� }
improvements of all types,such as bridges,dams,plants,highways,parkways,streets,subways,tunnels,sewers,mains,power. JwaVsss
lines,pumping stations,railways,airports,terminals,docks,piers,wharves,ways,lighthouses,buoys,jetties,breakwaters, K
levees,and canals;dredging,shoring,scaffolding,drilling,blasting,excavating,clearing,and landscaping. Unless conducted in
y _ connection with and at the site of such a building or work as is described in the foregoing sentence,the manufacture or furnish
1) ing of materials,articles,supplies,or equipment(whether or not a Federal or State agency acquires title to such materials, ..;
,i articles,supplies,or equipment during the course of the manufacture or furnishing,or owns the materials from which they are i^i.
• manufactured or furnished)is not a'building"or"work"within the meaning of the regulations in this part,
(b) The terms"construction,""prosecution "completion or 'repair' mean all types of work done on a particular
i building or work at the site thereof,including,without limitation,altering,remodeling, painting and decorating,the transport. . '
ing of materials and supplies to or from the building or work by the employees of the construction contractor or construction
eubcontractoyand the manufacturing or furnishing of materials,articles,supplies,or equipment on the site of the building or
work,by persona employed at the site by the contractor or subcontractor. Pt
(c) The terms"public building"or"public work"include building or work for whose construction,prosecution,corn. -
pletion;or repair,as defined above,a Federal agency is a contracting party,regardless of whether title thereof is in a Federal
' agency. k T'1
I I/..+ _
.
(d),The term"building or work financed in whole or in part by loans or grants front the United States"includes build.
ing or work for whose construction,prosecution,completion,or repair,as defined above,payment or part payment is made
directly or indirectly from funds provided by loans or grants by a Federal agency. The term does not include building or work ,sv.."-f` .
for which Federal assistance is limited solely to loan guarantees or insurance. f
(e) Every person paid by a contractor or subcontractor in any manner for his labor in the construction,prosecution,
completion,or repair of a public building or public work or building or work financed in whole or in part by loans or grants ., t
from the United States is"employed"and receiving"wages,"regardless of any contractual relationship alleged to exist between
him and the real employer. S•as'riyr'
• (Q The term"any affiliated person"includes a spouse,child,parent,on other close relative of the contractor or sub- 1j-'.. (y -".
contractor;a parther or officer of the contractor or subcontractor;a corporation closely connected with the contractor or �'yn.pg'dwi
subcontractor as parent,subsidiary or otherwise,and an officer or agent of such corporation. Orv2Saa4,'
('p. aaw,p
(g) The term"Federal agency"means the United States,the District of Columbia,and all executive departments in. ereassyam;
dependent establishments,administrative agencies,and instrumentalities of the United States and of the District'of Columbia,
including corporations,all or substantially all of the stock of which is beneficially owned by the United States,by the District k . .
of Columbia,or any of the foregoing departments,establishments,agencies,and instrumentalities. - - f•
Section 3.3 Weekly statement with respect to payment of wages. t,
(a) As used in this section,the term"employee"shall not apply to persons in elassifications higher than that of laborer - k
• or mechanic and-those who are the immediate supervisors of such employees. {C .,
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HUD•Wssh.,D.C. t�w
Page 10 of 13
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EXHIBIT "B"
• SECTION 3 CLAUSE
•
A. The work to be performed under this contract is on a
project assisted under a program providing direct Federal fin •
-
ancial assistance from the Department of Housing and Urban Dev-
elopment and is subjett to the requirements of Section 3 of the
• Housing and Urban Development Act of 1968, as amended, 12 U.S.C.
170u. Section 3 requires that to the greatestextent feasible
opportunities for training and employment be given lower income
residents of the project area. and contracts for work in connection
with the project be awarded to business concerns which are located
in, or owned in substantial part by persons residing in the area
of the project.
B. The parties to this contract will, comply with the provisions.
of said Section 3 and the regulations issued pursuant thereto by
the Secretary of Housing and Urban Development set forth in 24
CFR, and all applicable rules and orders of. the Department issued
thereunder prior to the execution of this contract. The parties
to this contract certify and agree that they are under no con-
tractual or other disability which would prevent them from comply-
ing with these requirements. •
C. The ENGINEER will send to each labor organization or re-
presentative of workers with which he has a collective bargaining
agreement or other contract or understanding, if any, a notice
advising the said labor organization of workers ' representative of
• his commitments under this Section 3 Clause and shall post copies
of the notice in conspicuous places available to employees and
applicants for employment or training.
D. The ENGINEER will include this. Section 3 Clause in every
subcontract for work .in connection with- the project and will, at
the direction of the applicant for or recipient of Federal fin- •
ancial assistance, take appropriate action pursuant to , the sub-
contract upon a finding that the subcontractor. 'is in violation of
regulations issued by the Secretary of Housing 'and Urban Develop- ,
ment, 24 CFR, and will not let any subcontract unless the subcon
• r,
tractor has first provided it with a preliminary,. statement of
ability to comply with the requirements of these regulations.
E. Compliance with the provisions of. Section 3 , the regula-
tions set forth in 24 CFR, and all applicable rules and orders of
' the Department issued thereunder prior to the execution of the
contract, shall be a condition of the' Federal financial assist-
ance provided to the project, binding upon the applicant or re-
cipient, its contractors and subcontractors, it successors, and
assigns, Failure to fulfill these requirements shall subject the
applicant or recipient, its contractors and subcontractors, its
successors, and assigns to those sanctions specified by the grant
or loan agreement or contract through which Federal assistance is
provided, and to such sanctions as are apecified by 24 CRF 135.
•
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