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Finance Committee - Agenda - 8/3/2022 - P34

By dnadmin on Sun, 11/06/2022 - 21:46
Document Date
Thu, 07/28/2022 - 10:40
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 08/03/2022 - 00:00
Page Number
34
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__080320…

Installation Services Provided

Customer Responsibilities:

1. Complete access to the site for construction utilizing standard 2-wheel drive rubber tire equipment.

2. Locate existing underground utilities not covered by your local utilities. (i.e. water lines, electrical lines,
irrigation systems, and sprinkler heads). Musco or Subcontractor will not be responsible for repairs to
unmarked utilities.

3. Locate and mark field reference points per Musco supplied layout. (i.e. home plate, center of FB field)

4. Pay for extra costs associated with foundation excavation in non-standard soils (rock, caliche, high water

table, collapsing holes, etc.) or soils not defined in geo-technical report. Standard soils are defined as
soils that can be excavated using standard earth auguring equipment.

Pay any power company fees and requirements.

Pay all permitting fees and obtain the required electrical permitting.

Provide area on site for disposal of spoils from foundation excavation.

Provide area on site for dumpsters.

Provide sealed Electrical Plans. (If required)

OONDN

Musco Responsibilities:

1. Provide required foundations, poles, electrical enclosures, luminaires, wire harnesses, and control
cabinets.

2. Provide layout of pole locations and aiming diagram.

3. Provide Contract Management as required.

4. Provide stamped foundation designs based on soils that meet or exceed those of a Class 5 material as
defined by 2018 IBC Table 1806.2.

5. Assist our installing subcontractor and ensure our responsibilities are satisfied.

Subcontractor Responsibilities
General:

4. Obtain any required permitting.

2. Contact your local udig for locating underground public utilities and then confirm they have been clearly

marked.

3. Contact the facility owner/manager to confirm the existing private underground utilities and irrigation
systems have been located and are clearly marked to avoid damage from construction equipment. Notify
owner and repair damage to marked utilities. Notify owner and Musco regarding damage which occurred
to unmarked utilities.

Provide labor, equipment, and materials to off load equipment at jobsite per scheduled delivery.

Provide storage containers for material, (including electrical components enclosures), as needed.

Provide necessary waste disposal and daily cleanup.

Provide adequate security to protect Musco delivered products from theft, vandalism or damage during

the installation.

8. Keep all heavy equipment off playing fields when possible. Repair damage to grounds which exceeds that
which would be expected. Indentations caused by heavy equipment traveling over dry ground would be
an example of expected damage. Ruts and sod damage caused by equipment traveling over wet grounds
would be an example of damage requiring repair.

9. Provide startup and aiming as required to provide complete and operating sports lighting system.

NOaP

QOOO
MNUSCO ee

2016, 2021 Musco Sports Lighting, LLC -2- M-2168-enUS-10

Page Image
Finance Committee - Agenda - 8/3/2022 - P34

Finance Committee - Agenda - 11/6/2019 - P80

By dnadmin on Mon, 11/07/2022 - 13:02
Document Date
Fri, 11/01/2019 - 15:04
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 11/06/2019 - 00:00
Page Number
80
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__110620…

EXHIBIT A

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Page Image
Finance Committee - Agenda - 11/6/2019 - P80

Finance Committee - Agenda - 11/6/2019 - P81

By dnadmin on Mon, 11/07/2022 - 13:02
Document Date
Fri, 11/01/2019 - 15:04
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 11/06/2019 - 00:00
Page Number
81
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__110620…

EXHIBIT A

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Bi

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wae!

Page Image
Finance Committee - Agenda - 11/6/2019 - P81

Finance Committee - Agenda - 11/6/2019 - P82

By dnadmin on Mon, 11/07/2022 - 13:02
Document Date
Fri, 11/01/2019 - 15:04
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 11/06/2019 - 00:00
Page Number
82
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__110620…

EXHIBIT A

Ra

=$ PLAYWORLD

ULTIPLAY PARK &
PLAYGROUNDS, ING.
P.O, Box 374
Uxbridge, MA 61569
866-575-PLAY

use ZONE:
SEE DWG,

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SEE DWG. SEE OWG,

FALL HEXGHT

SFL

USER CAPACRY: AGE GROUP

45+ 2-5

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¥ CPSC #325

PROJECT HO SOAE
40919-D M4 BAG ato"
ORAWH EY Paper Sze
DANA GRUSZS
OATE, 5
2A-AUG-18

SALEM STREET TOT LOT

Page Image
Finance Committee - Agenda - 11/6/2019 - P82

Finance Committee - Agenda - 11/6/2019 - P83

By dnadmin on Mon, 11/07/2022 - 13:02
Document Date
Fri, 11/01/2019 - 15:04
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 11/06/2019 - 00:00
Page Number
83
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__110620…

EXHIBIT B

FEDERAL PROVISIONS, RULES,
REGULATIONS AND FORMS

Page Image
Finance Committee - Agenda - 11/6/2019 - P83

Finance Committee - Agenda - 11/6/2019 - P84

By dnadmin on Mon, 11/07/2022 - 13:02
Document Date
Fri, 11/01/2019 - 15:04
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 11/06/2019 - 00:00
Page Number
84
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__110620…

Federa! Labor Standards Provisions

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 {io 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 fide fringe benefits (or cash equivalents thereof)
due at time 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 fide fringe benefits
under Section I(b)(2) of the Davis-Bacan 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); aiso, 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 fringe 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 time actually worked therein:
Provided, That the employer’s payroll records accurately
set forth the time spent in each classification in which
work is performed. The wage determination (including any
additional classification and wage raies conformed under
29 CFR 5.5(a){1)}(ii) and the Davis-Bacon poster (WH-
1321) shall be posted at all times by the contractor and its
subcontractors at the site of the work in a prominent and
accessible, place where it can be easily seen by the
workers.

{ii) (a) Any class of laborers or mechanics which is nat
listed in the wage determination and which is to be
employed under the contract shali be classified in
conformance with the wage determination. HUD shall
approve an additional classification and wage rate and
fringe benefits therefor only when the following criteria
have been met:

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

(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
consiruction industry; and

(3) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.

(b) If the contractor and the laborers and mechanics to be
employed in the ciassification (if known), or their
representatives, and HUD or its designee agree on the
classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report
of the action taken shall be sent by HUD or its designee ta
the Administrator of the Wage and Hour Division,
Employment Standards Administration, U.S. Department of
Labor, Washington, 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 its designee or will
notify HUD or its designee within the 30-day period that
additional time is necessary. (Approved by the Office of
Management and Budget under OMB controt number 1215-
0140.)

(c) In the event the contractor, the faborers ar mechanics
to be employed in the’ ciassification or their
representatives, and HUD or its designee do not agree on
the proposed classification and wage rate (including the
amount designated for fringe benefits, where appropriate),
HUD or its designee shall refer the questions, inctuding
the views of afl interested parties and the recommendation
of HUD or its 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 its designee or will notify
HUD or its designee within the 30-day period that
additional time is necessary. (Approved by the Office of
Management and Budget under OMB Control Number
1215-0140.)

{d) The wage rate {inciuding fringe benefits where
appropriate) determined pursuant to subparagraphs
(1)Gii)(b) or (c) of this paragraph, shall be paid to all
workers performing work in the classification under this
contract from the first day on which work is performed in
the classification.

{iit} Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a
fringe 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 fide fringe
benefit or an hourly cash equivalent thereof.

(iv) lf the contractor does not make payments to a trustee
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

Page Image
Finance Committee - Agenda - 11/6/2019 - P84

Finance Committee - Agenda - 11/6/2019 - P85

By dnadmin on Mon, 11/07/2022 - 13:02
Document Date
Fri, 11/01/2019 - 15:04
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 11/06/2019 - 00:00
Page Number
85
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__110620…

of the wages of any laborer or mechanic the amount of any
costs reasonably anticipated in providing bona fide fringe
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 its designee shali upon its own
action or upon written request of an authorized
representative of the Department of Labor withhold or
cause to be withheld from the contractor under this
contract or any other Federal contract with the same prime
contractor, or any other 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 ftaborers and mechanics, including
apprentices, trainees 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, trainee or
helper, employed or working on the site of the work, all or
part of the wages required by the contract, HUD or its
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 its 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 Comptrolier 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 faborers 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 fide fringe
benefits or cash equivalents thereof of the types described
in Section I(b){2)(B) of the Davis-bacon Act}, daily and
weekly number of hours worked, deductions made and
actual wages paid. Whenever 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 !(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 financially
responsible, and that the plan or program has been

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 trainees under
approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and
trainees, 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 1215-0047.)

(it) (a) The contractor shall submit weekly for each week
in which any contract work is performed a copy of all
payrolls to HUD or its designee if the agency is a party to
the contract, but if 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 transmission to
HUD or its 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 transmitials. 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 WH-347 is available for this purpose from
the Wage and Hour Division Web site” at
hitp://www.dol.gov/esa/whd/forms/wh347instr.hitm or its
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 its designee if the agency is a party to the
contract, but if the agency is not such a party, the
contractor will submit the payralls to the applicant
sponsor, or owner, as the case may be, for transmission to
HUD or its designee, the contractor, or the Wage and Hour
Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage
requirements. It 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 its own records, without weekly submission
to HUD or its 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;

Previous editions are obsolete

Page 2 of 5

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

Page Image
Finance Committee - Agenda - 11/6/2019 - P85

Finance Committee - Agenda - 11/6/2019 - P86

By dnadmin on Mon, 11/07/2022 - 13:02
Document Date
Fri, 11/01/2019 - 15:04
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 11/06/2019 - 00:00
Page Number
86
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__110620…

(2) That each laborer or mechanic (including each helper,
apprentice, and trainee} 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 from 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 fringe 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 properiy 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 transcription by authorized
representatives of HUD or its designee or the Department
of Labor, and shall permit such representatives to
interview employees during working hours on the job. If
the contractor or subcontractor fails to submit the required
records or to make them available, HUD or its 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 fide 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 if a person is employed in his or her first 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 listed on a payroll at an apprentice wage rate, who

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 its 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 fringe benefits in accordance
with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
classification. If the Administrator determines that a
different practice prevails for the applicable apprentice
classification, fringes shail 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, ihe
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,
trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are
employed pursuant ‘,to and individuaily 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
trainees to journeymen on the job site shall not be greater
than permitted under the plan approved by the
Employment and Training Administration. Every trainee
must be paid at not less than the rate specified in the
approved program for the trainee’s level of progress,
expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees
shail be paid fringe benefits in accordance with the
provisions of the trainee program. lf the trainee program
does not mention fringe benefits, trainees shall be paid
the full amount of fringe benefits listed 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 fringe benefits for apprentices. Any
employee jisted on the payroll at a trainee rate who is not
registered and participating in a training plan approved by

Previous editions are obsolete

Page 3 of 5

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

Page Image
Finance Committee - Agenda - 11/6/2019 - P86

Finance Committee - Agenda - 11/6/2019 - P87

By dnadmin on Mon, 11/07/2022 - 13:02
Document Date
Fri, 11/01/2019 - 15:04
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 11/06/2019 - 00:00
Page Number
87
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__110620…

the Employment and Training Administration shalt be paid
not less than the applicable wage rate on the wage
determination for the work actually performed. In addition,
any trainee 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 training program, the contractor
will no longer be permitted to utilize trainees 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, trainees 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 shalt 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 itn any subcontracts the clauses contained in
subparagraphs 1 through 11 in this paragraph A and such
other clauses as HUD or its 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 tier
subcontracts. The prime contractor shall be responsibie
for the compliance by any subcontractor or lower tier
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 genera! 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 its subcontractors) and HUD or
its designee, the U.S. Department of Labor, or the
employees or their representatives.

10. (i} Certification of Eligibility. By entering into this
contract the contractor certifies that neither it (ner he or
she) nor any person or firm who has an interest in the
contractor's firm is a person or firm 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 firm 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 07 0, Title 18, U.S.C.,
“Federal Housing Administration transactions”, provides in
part: “Whoever, for the purpose of . . . influencing in any
way the action of such Administration..... makes, utters or
publishes any statement knowing the same to be false.....
shall be fined not more than $5,000 or imprisoned nat
more than two years, or both.”

41. 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 shal! be discharged or in any other manner
discriminated against by the Contractor or any
subcontractor because such employee has filed 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” include watchmen and guards.

(1) Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require or
involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which the
individual is employed on such work to work in excess of 40 hours in
such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic
tate of pay for alf hours worked in excess of 40 hours in such
workweek.

{2} Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set
forth in subparagraph (1) of this paragraph, the contractor
and any subcontractor responsibie therefor shall be liable
for the unpaid wages. In addition, such contractor and
subcontractor shall be liable 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 liquidated damages. Such liquidated
damages shall be computed with respect to each individual
laborer or mechanic, including watchmen and guards,
employed in vialation 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

Page 4 of 5

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

Page Image
Finance Committee - Agenda - 11/6/2019 - P87

Finance Committee - Agenda - 11/6/2019 - P88

By dnadmin on Mon, 11/07/2022 - 13:02
Document Date
Fri, 11/01/2019 - 15:04
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 11/06/2019 - 00:00
Page Number
88
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__110620…

(3) Withholding for unpaid wages and liquidated
damages. HUD or its designee shal! upon its own action
or upon written request of an authorized representative of
the Department of Labor withhold or cause to be withheld,
from any moneys payable on account of work performed by
the contractor or subcontractor under any such contract or
any other Federal contract with the same prime contract,
or any other Federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act which is
held by the same prime contractor such sums as may be
determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and
liquidated 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 tier subcontracts. The prime
contractor shall be responsible for compliance by any
subcontractor or lower tier 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 shail 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 Work Hours and Safety
Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC
3707 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

Page 5 of 5

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

Page Image
Finance Committee - Agenda - 11/6/2019 - P88

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