HomeMy WebLinkAbout780362 RESOLUTION
RE : ADOPTION OF AMENDMENTS TO THE CONTRACT FOR ENGINEERING 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, by Resolution, the Board of County Commissioners of
Weld County, Colorado approved a contract between Weld County and
Hogan and Olhausen, Inc. for the Wattenberg Waste and Septic Tank
Disposal System on the 10th day of July, 1978, and
WHEREAS, the contract for Engineering between Weld County
and Hogan and Olhausen, Inc. for the Wattenberg Waste and Septic
Tank Disposal System is for a total amount of Twenty-One Hundred
Dollars ($2100) , and
WHEREAS, in the opinion of the Board of County Commissioners
of Weld County, Colorado, it is in the best interests of Weld
County to amend said contract to grant extensions of time for
completion of Phases I and II, and to set liquidated damages, and
WHEREAS, the said extensions of time for completion of Phase I
be July 26 , 1978 and for Phase II be July 31, 1978 through
August 18, 1978 , and
WHEREAS, the said liquidated damages be set at one percent
(1%) of the total contract per day, said amount to be Twenty-One
Dollars ($21) per day.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the amendment of said
contract between Weld County and Hogan and Olhausen, Inc. for
extensions of time be and hereby is extended to July 26 , 1978
for Phase I and the extension of time for Phase II be and hereby
is extended to August 18, 1978.
BE IT FURTHER RESOLVED by the Board of County Commissioners
that the amendment of said contract for liquidated damages be and
hereby is set at one percent (1%) of the total contract per day,
said amount to be Twenty-One Dollars ($21) per day.
hi,jOo// 780362
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The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 12th day of
July, A.D. , 1978.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
7
ATTEST: al awt4 "_
Weld County Clerk and Recorder
d Clerk to the d
BY: -1.4-&-e. LA
�i Deputy Count Clerk
V
APPRO D AS TO FORM:
'\ j County Attorney
Date Presented: July 17 , 1978
CONTRACT FOR ENGINEERING SERVICES
RE: WATTENBERG WASTE AND SEPTIC TANK DISPOSAL.
THIS AGREEMENT, made on the /2 W day ofT4L,4 , in the
year 1978 between Weld County, Colorado, hereinafter "County" ,
and Hogan and Olhausen, Inc. , 2300 West Eisenhower Blvd. , Loveland,
Colorado 80537, hereinafter referred 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 Wattenberg, 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 26, 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
dimensions, 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
before August 18, 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 Services
the total sum of $1, 050.00 if Phase I Services were provided for
all 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 report 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 provided 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 compensa-
tion 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
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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 coorina-
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 Department 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 the 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 limted to, the following:
employment, upgrading, demotion, or transfer; recrutement advertising;
layoff or termination; rates of pay or other forms of compensation;
and selection for training, including 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 provisions of this non-discrimination 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 re-
quirements 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 responsibilities
with respect to the program during his tenure or for one year
thereafter, shall have any interest, direct or indirect, in any
contract or subcontract, or the proceeds thereof, for work to be
performed in connection with the program assisted under the Agreement.
The Grantee shall incorporate, or cause to incorporated, in all
such contracts or subcontracts a provision prohibiting such interest
pursuant to the purposes of this section.
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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 allotted
time limit, liquidated damages will be assessed in the amount of
one percent (1%) of the contract price per working day in excess of
the time period allotted.
I . BREACH OF FEDERAL REOUIREMENTS. 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 .or the faith ul ?�for nce of the
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IN WITNESS WHEREOF, the parties hereto have executed this
Contract the day and year first above written.
lAtA ettAie mil
ATTEST: COUNTY: BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk nd-Recorder
a erk to the oar By: iA
/ Ed Dunbar, Chairman
putt' Coun
NGINEER: HOGAN and/� OL AUSEN
Byr?" t ,
7. /2 - 78
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arm' a. EXHIBIT "A" 6500.3
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1110,179
ATTACHMENT TO FEDERAL LABOR STANDARDS PROVISIONS
SO-CALLED "ANTI-KICKBACK ACT" AND REGULATIONS PROMULGATED
PURSUANT THERETO BY THE SECRETARY OF LABOR,
a4 UNITED STATES DEPARTMENT OF LABOR
TITLE 18, U.S.C., section 874
(Replaces section I of the Act of June 13, 1934(48 Stat.948,40 U.S.C.,
sec.276b)pursuant to the Act of June 25, 1948,62 Stat.862)
e.!.?TFL✓•n'x:- KICKBACKS FROM PUBLIC WORKS EMPLOYEES
aitilmall
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 building or work financed in whole or in part by loans Ire grouts from the limited Slates,to give up any part of the corn-
- pe s aion to which hr is entitled under his contract of employment,shall be fined not more than$5 0110 or imprisoned not
more than five yea N,or both.
SECTION 2 OF THE ACT OF JUNE 13, 1934, AS AMENDED (48 Stat.948,62 Stat.862,
63 Stat. 108,72 Stat.967,40 U.S.C.,sec.276c)
The Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the construction,
'y.:_ prow ni 11 t I air of l ul libuildings,l l l .works I n pin gs or works L a r I in whole or in partly loans
3rri.ras ,,r grams from th 11'6°91 States,including a provision that ar lt contractor.ynd subcontractor shall furnish weekly a stat mm
Sr. with respect to the wages paid each employee during the preceding week. Section 10(11 of Title I8(united States Code)shall
apply to stick statements.
nts.
Pursuant to the aforesaid Anti-Kickback Act,the Secretary of Labor,United States Department of labor,has promul-
gated the regulations hereinafter set forth,which regulations are found in Title 29,.Subtitle A,Code of Federal Regulations,
Part 3. The term"this pan,"as used in the regulations hereinafter set forth,refers to Part 3 last above mentioned. Said reg-
ulations are as follows:
TITLE 29—LABOR
}
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.
—•J ar This part prescribe."anti-kickback"regulations under section 2 of the Act of June 13,1934,as an ended(4011.S.C.
276x),pupa lady known as the Go peland 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 or in part by loans or grants from the United States. The part is intended to aid in the enforcement of the
.. nuinimmn wage provisions of the Davis-Bacon Act and the various statutes dealing with Federally-assisted construction that
contain similar minimum wage provisions,including those provisions which are not subject to Reorganization Plan No.14
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(e.g.,the College I lousing Act of 1950,the Federal Water Pollution Control Act,and the(lousing Art of 1959),and in the
enforcement of the overtime provisions of the Contract Work flours Standards Act whenever they are applicable to tr Inn- !f',`
work. The part details the obligation of contractors and subcontractors relative to the weekly submission of statements regard.
ing the wages paid on work covered thereby;sets forth the circumstances and procedures governing the making of payroll de-
ductions from the wages of those employed on such work;and delineates the methods of payment permissible on such work,
Section 3.2 Definitions. .`
As used in the regulations in this part: •
(a) The terms"building"or"work"generally include construction activity as distinguished from manufacturing, •
famishing of materials,or servicing and maintenance work. The terms include,without limitation,buildings,structures,and •
improvements of all ty IMs,such as bridges,dams,plants,highways,parkways,streets,subways,tunnels,sewers,rosins,power. 1en1a-
lines,pumping stations,railways,airports,terminals,docks,piers,wharves,ways,lighthouses,buoys,jetties,breakwaters,
levees,and canals;dredging,shoring,scaffolding,drilling,blasting,excavating,clearing,and landscaping. Unless conducted in
connection with and at the site of such a building or work ass described in the foregoing sentence,the manufacture or furnish
ing of matgr als,articles,supplies,or equipment(whether or not a Federal or State agency ao{uires title to such materials,
articles,supplies.or equipment during the course of the manufacture or furnishing,or owns the materials from which they are `y
manufactured or furnished)is not a"building"or"work"within the meaning of the regulations in this part. - 1♦aa`
L{ (b) The terms"construction, "prosecution,""completion,"or"repair"mean all types of work done on a particular
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
eubcontractor,and the manufactumig or famishing of materials,articles,supplies,or equipment on the site of the building or
work,by persons employed at the site by the contractor or subcontractor.
(e) The terms"public building"or"public work"include building or work for whose construction,prosecution,cum-
' pletion,or repair,as defined above,a Federal agency is a contracting party,regardless of whetter title thereof is in a Federal ;
agency
w 1.
(d) The tenm"building or work financed in whole or in part by loans or grants from the(baited States-includes build- 14:"-
ingorworkforwl rt etior prosecution,completion,or repair,as defined above,pay rant e4 part payment is made p directly or indirectly from funds prodded by loans or grants by a Federal agency. The term does not include building or work pl1i'wxr.rc•
for which Federal assistance is limited solely to loan guarantees or insurance.
(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
from the United States is"employed"and receiving"wages,"regardless of any contractual relationship alleged to exist between
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him and the real employer. yg
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(I) The term"any affiliated person"includes a spouse,child,parent,or other close relative of the contractor or sub •
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contractor;a partner or officer of the contractor or subcontractor;a corporation closely connected with the contractor or �.
subcontractor as parent,subsidiary or otherwise,and an officer or agent of such corporation. '
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(g) The term"Federal agency"means the United States,the District of Columbia,and all executive departments,in. _
dependent establishments,administrative agencies,and instrumentalities of the touted 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
of Columbia,or any of the foregoing departments,establishments,agencies,and instrumentalities. t
Section 3.3 Weekly statement with respect to payment of wages.
(a) As used in this section,the term"employee"shall not apply to persons in classifications higher than that of laborer ti -
or mechanic and those who are the immediate supervisors of such employees.
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(L) Each eoulrarlor or auLevnlrurlur engaged in the r nnlrurl ions prosecution,completion,or repair of any public
building public work building 1 financed in wholi• t byI grants from thll 1d States,shall
furnish each iverk a statement w d respect to the e 'paid d t i s engaged on k covered It 2')CFI(
Ports 3and during the pr edi Ill lays ll),'red Ili'statement shallb ex t IIv the contractor or subcon-
tractor or I,) an authorized officerow employee of t1.e centr rtor or I a helot who q rases the pay meld oaf Sand
na r shall he on form\\'II:t Hi Statement of(anr pli;o ec or on an identical firm on the back of Wilt!'?,'Pa)null(For Con-
tractors Optional User or um form with Ie li al wording; Sample copies of\\'I I 317 and\111 3111 now be obtained from
tie Coserll ncnt contracting or sponsoring agency.and copies of the)e forms may be purl a.e•d at the Government Printing
T.,a .Office.
.n+Ytxrrltifa�
(n) The requirements of this section all not apply to ally contract o(Sl 0011 r less.
.ays1,A_.�, , vi (d) Iljm r a written finding by the head of a Federal agency,the Secretary of Lab or may prov Ie rea anal la.limitations,
• ^ variations,tolerances,and rx rnl tia ns from IL.requirements of this section subte t to such conditions as the Secretary of
_. Labor may specify.
nit)vaas
a 129 F.H.95,Jan.4. 1961,as amended at 33 F.II,101116,July 17, 1968]
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Section 3.4 Submission of weekly statements and the preservation and inspection of weekly payroll records.
(a) Faeli weekly statement required under § 3.3 shall in delis ered by the contractor ur subcontractor,within seven
days after the regular l ay r nl dale of the pay roll period,to e representative uf a Federal or State agency in charge at tl
site of the building or work,In,if thew is n representative of a Federal or Stale agency at the site of the ldI or A,orh,
the&lat ern shall he mailed by the c ntr for orsubcontractor,w it e l time,to a Federal r St l .n y r rte al
• for or fimnicing the building ors rk 1fl rsuch ea Ice I 1 Olld check as nine le I,•,such statement, r a c I thereof,
shall be kept as ailaht,',tar shall he transmitted logo lwr will,a report of anys ,Lrtnn,m aurdmry with applicable l ruudums
prescribed lay the United Staten Department of Labor.
.d"
r (L) Each contra t'r par,a r snl run Eraet r shallpre ry bk weeklyhis rc LI' as rollll r cords fair a'Periodriod of I years fr mdatemf
compb•tine of the contract. The payroll records shall set out accurately and completely the name and address of each laborer
and mechanic,his correct classification,rate of pay,daily and weekly number of hoer,pp irked,deduct ions made,;and actual
wages paid. Stich payroll record,shall lie made available at all limes for inspection by the eon trailing off iur r or his authorized
representative,and by alit,orired representatives of the Department of Labor.
Section 3.5 Payroll deductions permissible without application to or approval of the Secretary of Labor.
• Deductions made under the circumstances or in the situations described in the paragraphs of this section may lie made
without application to and appros al of the Sr reel ay of Labor:
(a) Any deduction made in compliance with the 1 it amts u f Federal State,or local law,such as Federal or State
withiolding income takes and Federal oci l seeurity take:
• (L) Any deduction of suns res son iy paid to the employee as a bona fide prepayment of wages when such pry av went
is made without discount or in P•re t. A"bona fide prepayment of sr ages"i,considered to'lase been nape only when cash or
• its eluiva lent Las been advanced to the person ernplosual in such manner as to give him complete freedom of disposition of Ills
• advanced funds.
itcSitCall
e v (c) Any deduction of amounts required by churl process to be paid to another,unless the eduelion is in favor of the
contractor,suboontrar tor or any affiliated person, or when collusion or collaboration exists.
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(d) Any deduction constituting a contribution on behalf of the person employed to funds established by the employer
or representatives of employees,or both for the propose of providing either from principal or income,or both medical or
hospital can',IlelISIMIS o nuiti. on retirement,death benefits,compensation for injuries,illness,accidents,sickness,err
dks bility.or for insurance to provide any of the foregoing,or unemployment benefits,vacation pay,savings accounts,or
umilar pasr Ietits for the benefit of employees,their families and dependents: Provided,however,That t1 a following standards -
are met: (I)The deduction.is not Otherwise prohibited by law;(2)it is either: (0 Voluntarily consented to by the employeein writing and a d advance of the period in which the work is to he done and',Mil CtIllSelli is 11Ot a condition either r for the
11 leg of or for the continuation of employment,or(ii)provided for in a h na tide collective ti bargaining agreement be- :;a_-.—
Is,,nth, c,ntractoror.ul tit clor and representatives of its employees(3)no profit or other benefit is otherwise obtained,
directly or indirectly,by the'Contractor or subcontractor or any affllialed person in the form of commission,dividend,or
otherwise; and(4)the den vet ionF shall serve the convenience and interest of the employee. _
(e) Arty deduction contributing toward the purchase of I idled States Defense Stamps and Bonds when voluntarily realate•
authorized by the enl[Lone. d
(f) \ y deduction requested by Ow employer to enable him to repay loans to or to purchase shares in credit unions .'•-V.
organized and operated in accordance with Federal and State credit union statutes.
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(g) Am led uetion voluntarily authorized by the employer for the making of contributions to governmental or quasi.
gusinvnental agencies,such as the American lied Cross.
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(b) Any deduction voluntarily authorized by the employ cc for the making of contributions to Community Chests,
Polled Cot Its Funds,and similiar charitable organizations.
p1 .‘ny deducti to pay regular 11111011 initiation fees and membership i dues, t including fines or special assessments
Provided he,weeer,That a collectise bargaining g agreement bet vow])the contractor or subcontractor and representatives of its
employees provides for su ii deductions and the deductions are not otherwise prohibited ley law.
eMS lair;
(j) Any deduction not more than for the"reasonable cost"of board lodging.or other facilities neeti nt1 the require-
ments of section 3(m)of the Fah'Labor.Standard. Act of 1938,as amended,and Part 531 of tits title. When eI such a dedjiction r _
is made the additional records required under §516.27(a)of this title shall be kept.
Section 3.6 Payroll deductions permissible with the approval of the Secretary of Labor.
Any contractor Or subcontractor may apply to the SS;cretary of Labor for permission to make any deduction not per
• nutted under §3.5. II Secretary may grant permission whenever he finds that:
(a) "Die contractor, d n t 1rr any affiliated person 1 .. not make a profit or benefit directly or indirectly from
keraiiirar
the deduction either in the furrn of a commission,dividend,or otherwise; I Fee
(1) The is t otherwise prohibited by law; ,Cat yj.
'tea ,,.
(e) The ded ction is eith a(I)voluntarily consented to by the employee in writing and in advance of the period in which R
the work is to he done and such consent is not a condition either fur the obtaining of employment or its continuance,or(2) ' .
provided for'in a bona fide collective bargaining agreement between the contractor or subcontractor and representatives of its
employees:and
(d) The deduction serves the convenience and interest of the employee. •""
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r q Section 3.7 Applications for the.approval of the Secretary of Labor.
!Jy Any application for th making of payroll deductions t , § 3.6 shall ri pl) with in,requirement.mo 1Led i„t„•
Y,^y following paragraph,of this setion.
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4.;":11:017; (a) The ai l f l on shall he in r ti rg and shall he addressed to Ow Secular of Labor.
,•�•. 2 (Ii) 'furr applirarinn.hall identify the contract or cuntracio under with r the work in question 1r to he porhaunl. Per.
❑x.':". mission will he gk en for(halm:nousonly on spr fie,kb-Milled filled n tracts. os,p upon a slaw ing Of uxr ption l ittmtani.s.
(c) The application shall staler,ffirmatively that there is compliance will,tiie standards)forth in the pvooisioas of
§3.6.The affirmation shall he ncanm panned by a full stilenmm of the facts h u hn,,ling•
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such,•e, ianre.
(d) The application,shall include a rlesariptioa of the proposed deduction, the purpose to be served ilicel lA..and the
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elaxes of laborers or mechanics from a hose wages the propmcd deduction would he made.
(c) The application shall state the name and b„s'lur of any third person to orho,n any fluid.obtained from the pro-
pone('deductions are to he transmitted and the affiliation of nob person,if any,with the applicant.
Section 3.8 Action by the Secretary of Labor upon applications.
The Secretary of labor shall decide sehetbrr or net ti err,p,caed didn't ion is prrnhi„ible under provisions of§3.h,; •
and shall notify the at plicutl in writing of his decision.
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., Section 3.9 Prohibited payroll deductions.
Y
Deductions not elsewhere pro vidrd for by this part and which,are not found to lie pe ounsihle under§:L6 are prohibited.
Section 3.10 Methods of payment of wages.
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The payment of wages shall be by.eash,negotiable instruments payable on demand,or I lie additional forms of ctnuputsa-
1110IMI Lion for which deductions arc permissible under this part. No other,,,,hods of payntrnt shall be recop,uzeni on work subject
to the Copeland Act.
Section 3.11 Regulations part of contract.
All contracts made with respect la the construction,prosecution,completion,or repair of any public building,or'milli,.
work or building or work financed in whole or in part by loans or grants from thy United slats covered by the regulations in
this part shall expressly hind the contractor or subcontriwtor to comply with such of to regulations in this part as may be ap-
plicable.le. In this regard,arm§5.5(a)of this subtitle.
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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 subject 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
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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