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Federal Labor Standards Provisions
Housing and Urban Development Act of 1968

Section 3 Requirements

What is Section 3?

Section 3 is a provision of the Housing and Urban Development (HUD) Act of 1968 that
helps foster local economic development, neighborhood economic improvement, and
individual self-sufficiency. The Section 3 program requires that recipients of certain HUD
financial assistance, to the greatest extent feasible, provide job training, employment, and
contracting opportunities for low- or very-low income residents in connection with projects
and activities in their neighborhoods.

Requirements include:

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

B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135,
which implement section 3. As evidenced by their execution of this contract, the parties to
this contract certify that they are under no contractual or other impediment that would
prevent them from complying with the part 135 regulations.

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

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

Sec3 iof2

10. Installation to commence upon delivery and proceed without interruption until complete. Notify Musco
immediately of any breaks in schedule or delays.

Foundations, Poles, and Luminaires:

1. Mark and confirm pole locations per the aiming diagram provided. If there are any issues, immediately
notify your Musco Project Manager.

2. Provide labor, materials, and equipment to install 6 LSS foundations as specified on Layout and per the

stamped foundation drawings, if applicable.

Remove spoils to owner designated location at jobsite.

4. Provide labor, materials, and equipment to assemble Musco TLC-LED luminaires, electrical component
enclosures, poles, and pole harnesses.

5. Provide labor, equipment, and materials to erect 6 dressed LSS Poles and aim utilizing the pole
alignment beam.

wo

Electrical:

1. Provide labor, materials, and equipment to install new 200 amp electrical service panels as required.

2. Provide tabor, materials, and equipment to install all underground conduit, wiring, pull boxes etc. and
terminate wiring as required.

3. Provide as-built drawings on completion of installation, (if required).

Control System:

1. Provide labor, equipment, and materials to install Musco control and monitoring cabinets and terminate
all necessary wiring.

2. Provide a dedicated 120 V 20 A controls circuit or a step-down transformer for 120 V control circuit if not
available.

3. Check all zones to make sure they work in both auto and manual mode.

4. Commission Control-Link® by contacting Control-Link Central™ at 877-347-3319.

Payment Terms

Musco’s Credit Department wil! provide payment terms.
Email or fax a copy of the Purchase Order to Musco Sports Lighting, LLC:

Musco Sports Lighting, LLC

Attn: Amanda Hudnut

Fax: 800-374-6402

Email: musco.contracts@musco.com

All purchase orders should note the following:
Sourcewell purchase — contract number: 071619-MSL

Delivery Timing

6 - 8 weeks for delivery of materials to the job site from the time of order, submittal approval, and confirmation of order
details including voltage, phase, and pole locations.

PSC

2016, 2021 Musco Sports Lighting, LLC -3- M-2168-enUS-10

E. The contractor will certify that any vacant employment positions, including training
positions, that are filled (1) after the contractor is selected but before the contract is
executed, and (2) with persons other than those to whom the regulations of 24 CFR part
135 require employment opportunities to be directed, were not filled to circumvent the
contractor's obligations under 24 CFR part 135.

F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future HUD
assisted contracts.

G. With respect to work performed in connection with section 3 covered Indian housing
assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b)
requires that to the greatest extent feasible (i) preference and opportunities for training and
employment shall be given to Indians, and (ii) preference in the award of contracts and
subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises.
Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree
to comply with section 3 to the maximum extent feasible, but not in derogation of
compliance with section 7(b).

Sec3 20f2

Section 3 Monthly Status Report — Hiring / Subcontracting Activity
(For General Contractor — Submit both general contractor and subcontractor reports to City monthly; For Subcontractors ~ Submit to General Contractor monthly)

Instructions
1, The general contractor and all subcontractors (if applicable} must provide fully completed monthly status reports on their Section 3 Hiring and Section 3 Subcontracting progress.
Incomplete forms will be rejected.

2. List all positions filled and subcontracts executed in connection with the Section 3 project to date.

3. Submit all applicable related Section 3 Resident and Section Business Certification forms (with supporting dacumentation) with the report.

4. Reports must be submitted to the City by the general contractor no later than 10 days after the end of each month.

Project Name:

Month/Year of Report:

General Contractor:

GC Contact Name/Phone:

Subcontractor Name(s):

1) Professionals

2) Technicians

3) Office and Clerical

4) Officials and Managers

HUD Hiring Categories

6} Craft Workers (skilled)
7} Operatives (semi-skilled}

8) Laborerers (unskilled)
9) Service Workers

5) Sales
Sec 3

HIRING Resident Hiring # of Sec 3 Referral Sources If Sec 3 Resident not hired,
List Job titles for al! new hires AND names of persons hired for the Hired? Category Residents Utilized provide a reason*
project during this reporting period (e.g., Craft worker — John Smith) (Y/N) interviewed

# of Sec 3
SUBCONTRACTING Section 3 Dollar Value Contract businesses Referral Sources lf Sec 3 Business not selected,
Name of subcontractors contracted in connection with Business of Contract Date that bid on Utilized provide a reason*

: . . : Selected? contract

the project this reporting period (Y/N)

Describe efforts to provide Section 3 Residents and Businesses with first consideration for employment and contracting opportunities, and all outreach activities performed.

If no activity, explain*:

Date
*Must provide an answer

Signature of Company Representative
Page | of |

"General Decision Number: NH20190024 06/28/2019

Superseded General Decision Number: NH20180044

State: New Hampshire

Construction Type: Heavy

County: Hillsborough County in New Hampshire.

HEAVY CONSTRUCTION PROJECTS

Note: Under Executive Order (EO) 13658, an hourly minimum wage
of $10.60 for calendar year 2019 applies to all contracts
subject to the Davis-Bacon Act for which the contract is
awarded (and any solicitation was issued) on or after January
1, 2015. If this contract is covered by the EO, the contractor
must pay all workers in any classification listed on this wage
determination at least $10.60 per hour (or the applicable wage
rate listed on this wage determination, if it is higher) for
all hours spent performing on the contract in calendar year
2019. If this contract is covered by the EO and a
classification considered necessary for performance of work on
the contract does not appear on this wage determination, the
contractor must pay workers in that classification at least the
wage rate determined through the conformance process set forth
in 29 CFR 5.5(a) (1) (ii) (or the EO minimum wage rate,if it is
higher than the conformed wage rate). The EO minimum wage rate
will be adjusted annually. Please note that this EO applies to
the above-mentioned types of contracts entered into by the
federal government that are subject to the Davis-Bacon Act
itself, but it does not apply to contracts subject only to the
Davis-Bacon Related Acts, including those set forth at 29 CFR
5.1(a) (2)-(60). Additional information on contractor

requirements and worker protections under the EO is available

at www.dol.gov/whd/govcontracts.

Modification Number Publication Date
0 01/04/2019
1 01/25/2019
2 06/14/2019
3 06/21/2019
4 06/28/2019

ELECO490-008 06/01/2019

Rates Fringes
ELECTRICIAN. . 2... ce eee ee eee $ 30.13 20.12
“rRovooo7-039 03/16/2009
Rates Fringes
TRONWORKER (Reinforcing and
Structural) ..... 2.2.2... eee eee $ 26.01 22.57
» puuwonsi-005 06/01/2019
Rates Fringes
PIPEPITTBER. 2... 2. eee ee eee eee $ 34.07 23.48

SUNH2015-010 06/16/2017

Rates

CARPENTER, Includes Form Work....$ 26.83

CEMENT MASON/CONCRETE FINISHER...

LABORER: Asphalt, Includes

Raker, Shoveler, Spreader and

Distributor. ............ 2.020. eee

LABORER: Common or General......

LABORER: Pipelayer..............

OPERATOR:

Backhoe/Excavator/Trackhoe.......

OPERATOR: Bulldozer.............

OPERATOR: Cran@........00 eee eee

OPERATOR: Drill..........52 25 ee.

OPERATOR: Loader...........--6--

OPERATOR: Paver (Asphalt,

Aggregate, and Concrete).........

OPERATOR: Roller...........2200-

PAINTER (Brush and Roller).......

TRAFFIC CONTROL: Flagger.......

TRUCK DRIVER: Dump Truck........

27.

23.

16.

22

25.

21.

28.

27.

20.

27.

24

30.

17.

19.

46

70

93

. 80

00

70

37

15

80

10

.09

00

24

02

Fringes

13.

13.

25.

94

30

94

70

45

.84

.09

74

39

-65

.69

.43

50

-34

73

WELDERS ~ Receive rate prescribed for craft performing

operation to which welding is incidental.

Note: Executive Order (BO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at www.dol.gov/whd/govcontracts.

Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).

The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of ""identifiers"" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate

(weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than ""SU"" or
""UAVG"" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUMO0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.

Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing

this classification and rate.

Survey Rate Identifiers

Classifications listed under the ""SU"" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average

rate based on all the rates reported in the survey for that

classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion

date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a

new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date

for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.