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fencing oakdale/sunset8/19/1974DENNIS HOGAN Manor . i 305'NoaTH SANTA FE P.O. Hoz *875 SALINA, KANSAS 67401 Phone 913-623-2279 Specifications for erecting fence and backstops around tennis courts, owned by the City of Salina, located in Sunset and Oakdale parks: Fabric - 11 ga. galvanized steel 1 3/4" standard tennis mesh on 12 ft. backstops, 11 ga, galvanized steel 2" mesh on 4 ft. sides, except sides of west 3 Sunset tennis courts to be 6 ft. high,( Posts - Of galvanized steel pipe, corner posts 4" OD galvanized steel, intermediate 2j" OD galvanized steel, toprail and center rail 1*" OD galvanized steel. 4 ft. and 6 ft. fencing to include toprail only. 12 ft. backstops to include top and center rails. Galvanized steel caps to be sealed with butyl caulking compound. Gates - 10 ft. x 4 ft. single, 1--" OD pipe with mesh, 10' x 6' single gate Sunset, west 3 courts. Procedure: Everitt Lumber Company will provide storage of.materials upon receipt and will deliver same to site for erection as sites are prepared for fencing by the city. Site prepared for fencing by the City. Site preparation by the City to include removal of existing fencing and posts and clearance of plant material. Where applicable, the City shall overlay and/or build new courts prior to fence erection. Timing of Erection: Two north courts at Oakdale park shall be fenced prior to September 2, 1974. Fencing of four south courts in Oakdale Park shall be completed and made prior to October 1, 1974, weater permitting. Fencing of remaining eight courts in Sunset and Oakdale Parks to be accomplished subsequent to City's completion of improvements, consistent with a minimum of court downtime. Walkways and maintenance gates to be placed in accordance with detailed drawings. Payments to be made as follows: Material statement in the amount of $20,594.29 is due and payable at this time. Labor statements will become due and payable upon the following classification of completions: 1. North two courts Oakdale Park $ 714.32 2. South four courts Oakdale Park 19428.56 3. East three courts Sunset Park 19071.42 4. West three courts Sunset Park 1,071.42 5. East two courts Oakdale Park 714.28 Total of statements at completion $5,000.00 r _ rri /10 l 1 , GoNe teTE, c ' i DENNIS HOOAN Ir, ' rl Phone , :'.lye a"'•n913.823.2279' . 305 NORTH SANTA FE 'ryt P.O. Boz #875 �• SALINA, KANSAS 67401 �� ,'/� I 1' '(. 1 , K-YI ,h�9 I , I: II �' tll rl r n , , t + "t ,�'' I�.i 1•,+. t,�: .':119Ic + , 1� �1 ,� .10 T21 IT /10 l 1 , 1 e tt i ... a'i '.i aur.,.... _�f.... .... .:. vt.. c'. r.,�w. t. Yi l .P..:!.d YA�u .J I•%; [�xbL!'}*�,t�. j,;.l GoNe teTE, c Ir, , ii red 1 I I 1 , 1 I: II �' tll rl 1 e tt i ... a'i '.i aur.,.... _�f.... .... .:. vt.. c'. r.,�w. t. Yi l .P..:!.d YA�u .J I•%; [�xbL!'}*�,t�. j,;.l o ---d z IL / LI i� 4l� lzz� SuNSeT Parr. rAs7 codR't" StA459T PPA � s. StA459T PPA I SUPPLEMENTAL AGREEMENT FENCING OF TENNIS COURTS The undersigned hereby agrees to the following terms and conditions: (a.) Nondiscrimination Law: This agreement will obligate e Contractor and subcontractors not to discriminate in employment practices, in accordance with the President's Executive Order No. 11246 and the Kansas nondiscrimination law. (b.) Labor Standards: The Contractor must be prepared to comply in all Fespects with all provisions of the Labor Standards included as a part of this agreement. (29 CFR 5.5) .(29 CFR 5a.3) (AP -519 -Mod. #1) All other terms and conditions stated in our proposal to the City of Salina, Kansas, dated August 19, 1974,'remain unchanged. Signed thisday of�, 1974. CONTRACTOR: ADDRESS: BY: TITLE: Seal -- if Contractor be a corporation (LS. -0) LABOR STANDARDS CONTRACT PROVISIONS 29CRF 5a.3 5a.3 APPRENTICE AND TRAINEE EMPLOYMENT REQUIREMENTS. (a) The following contract clauses shall be conditions of each Federal or federally assisted construction contract in excess of $10,000 and each Federal agency concerned shall include the clauses, or provide for their inclusion, in each such contract. (1) The contractor agrees: (i) That he will make a diligent effort to hire for the . performance of the contract a number of apprentices or trainees, or both, in each occupation, which bears to the average number. of the journeymen in that occupation to be employed in the performance of the contract the applicable ratio as determined by the Secretary of Labor; (ii) That he will assure that 25 percent of such apprentices or trainees in each occupation are in their first year of training, where feasible. Feasibility here involves a consideration of (a) the availability of.trai.ning opportunities for first year appren- tices, (b) the hazardous nature of the work for beginning workers, (c) excessive unemployment of apprentices in their second and subsequent years of training. (iii) That during the performance of the contract he will, to the greatest extent possible, employ the number of apprentices or trainees necessary to meet currently the requirements of sub- divisions (i) and (ii) of this subparagraph. (2). The contractor agrees to maintain records of employment by trade of the number of apprentices and trainees, apprentices and trainees by first year of training and of journeymen, and the wages paid and hours of work of such apprentices, trainees and journeymen. The contractor agrees to make these records available for inspection upon request of the Department of Labor and the Federal agency concerned. (3) The contractor who claims compliance based on the criterion stated in § 5a.4(b) agrees to maintain records of employment, as described in § 5a.3(a) (2), on non -Federal and nonfederally assisted construction work done during the performance of this contract in the same labor market area. The contractor agrees to make these records available for inspection upon request of the Department of Labor and the Federal agency concerned. (4) The contractor agrees to supply one copy of the written notices required in accordance with § 5a.4(c) at the request of Federal agency compliance officers. The contractor also agrees to supply at 3 -month intervals during performance of the contract and after completion of contract performance a statement describing LS 1 steps taken toward making a diligent.effort and containing a break- down by craft, of hours worked and wages paid for first year appren- tices and trainees, other apprentices'and trainees, and journeymen. One copy of the statement will be sent to the agency concerned, and one to the Secretary of Labor. (5) The contractor agrees to insert in any subcontract under this contract the requirements contained in this paragraph (29 CFR 5a.3(a) (1), (2), (3), (4), and (5) Sections 5a.4, 5a.5, 5a.6, and 5a.7 shall also be attached to each such contract for the information of the contractor.The term "contractor" as used in such clauses in any subcontract shall mean the subcontractor. (b) The provisions of paragraph (a) of this section shall not apply with regard to any contract, if the head of the Federal agency concerned finds it likely that making of the contract with the clauses contained in paragraph (a) of this section will prejudice the national security. LS -2 r'r LABOR STANDARDS CONTRACT PROVISIONS 29CRF 5.5 § 5.5 CONTRACT PROVISIONS AND RELATED MATTERS. (a) The Agency Head shall cause or require to be inserted in full in any contract subject to the labor standards provisions of any of the acts listed in 5 5.1, except those subject only to the Contract Work Hours Standards Act, the following clauses or any modifications thereof to meet the particular needs of the agency if first approved by the Department of Labor: (1) MINIMUM WAGES. (i) All mechanics and laborers employed or working upon the site of the work, or.under the United State Housing Act of 1937 or under the Housing Act of 1949 in the construction or develop- ment of the project, 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 (29CFR Part 3), the full amounts due at time of payment computed at wage rates not less than those contained in the wage determination decision of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractural relationship which may be alleged to exist between the contractor and such laborers and mechanics; and the wage determination decision shall be posted by the contractor at the site of the work in a prominent place where it can be easily seen by the workers. For the purpose of this clause, contributions made or costs reasonably anticipated under section 1(b) (2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29CFR 5.5(a)(1)(iv'). Also for the purpose of this clause, regular contributions made or costs incurred for more than a weekly period under plans, funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period. (ii) The contracting officer shall require that any class of laborers or mechanics, including apprentices and trainees, which is not listed in the wage determination and which is to be employed under the contract, shall be classified or reclassified conformably to the wage determination and a report of the action taken shall be sent by the Federal agency to the Secretary of Labor. In the event the interested parties cannot agree on the proper classification of a particular class of laborers and mechanics, including apprentices and trainees, to be used, the question accompanied by the recommendation of the contracting officer shall be referred to the Secretary for final determina- tion. LS -3 (iii) The contracting officer shall require 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 wage rate and the contractor is obligated to pay a cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recommendation of the contracting officer, shall be referred to the Secretary of Labor for determination. (iv) If the contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this contract: Provided, however, 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. (2) WITHHOLDING. The (write in name of Federal agency) may withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices and trainees, employed by the contractor or any subcontractor on the work the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice or trainee, employed or working on the site of the work or udner the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project, all or part of the wages required by the contract, the (Agency) 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. (3) PAYROLLS AND BASIC RECORDS. (i) Payrolls and basic records relating thereto will be maintained during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work, or under the United State Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project. Such records will contain the name and address of each such employees, his correct classification, rates of pay (including rates of contributions or costs anticipated of the types described in section l(b)(2) 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 l(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show LS -4 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. (ii) The contractor will submit weekly a copy of all payrolls to the (write in name of appropriate Federal agency) 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 the (write in name of agency). The copy shall be accompanied by a statement signed by the employer or his agent indicating that the payrolls are correct and complete, that the wage rates contained therein are not less than those determined by the Secretary of Labor and that the classifications set forth for each laborer or mechanic conform with the work he performed. A submission of a "Weekly Statement of Compliance" which is required under this contract and the Copeland regulations of the Secretary of Labor (29 CFR, Part 3) and the filing with the initial payroll.or any subsequent payroll of a copy of any findings by the Secretary of Labor under 29 CFR 5.5(a)(1)(iv) shall satisfy this requirement. The prime contractor shall be responsible for the submission of copies of payrolls of all subcontractors. The contractor will make the records required under the labor standards clauses of the contract available for inspection by authorized representatives of the (write the name of agency) and the Department of Labor, and will permit such representatives to interview employees during working hours on the job. (4) APPRENTICES AND TRAINEES. (i) Apprentices will be permitted to work as such only when they are registered individually, under a -bona fide apprenticeship program registered with a State apprenticeship agency which is recognized by the Bureau of Apprenticeship and Training, U.S. Department of Labor; or, if no such recognized agency exists in a State, under a program registered with the Bureau of Apprenticeship and Training, U.S. Department of Labor. The allowable ratio of apprentices to journeymen -in any craft classifications shall not be greater than the ratio permitted to the contractor as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not a trainee as defined in subdivision (ii) of this subparagraph or is not registered as above, shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish to the contracting officer written evidence of the registra- tion of his program and apprentices as well as of the appropriate ratios and wage rates, for the area of construction prior to using any apprentices on the contract work. (ii) Trainees will be permitted to work as such when they are bona fide trainees employed pursuant to a program approved by the U.S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training, and, where subdivision (iii) of this subparagraph is applicable, in accordance with the provisions LS -5 - of Part 5a of this subtitle. (iii) Application of 29 CFR Part 5a. On contracts in excess of $10,000 the employement of all laborers and mechanics, including. apprentices and trainees, as defined in5.2(c) shall also be subject to the provisions of Part 5a of his subtitle. Apprentices and trainees shall be hired in accordance with the requirements of Part 5a of this subtitle. (5) COMPLIANCE WITH COPELAND REGULATIONS (29 CFR PART 3). The contractor shall comply with the Copeland Regulations (29 CFR Part 3) of the Secretary of Labor which are herein incor- porated by reference. (6) SUBCONTRACTS. The contractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (5) and (7) and such other clauses as the (write in the name of Federal agency) may be appropriate instructions require, and also a.clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. (7) CONTRACT TERMINATION; DEBARMENT. A breach of clauses 1 through 6 may be grounds for ter- mination of the contract, and for debarment as provided in 29 CFR 5.6. (b)(1) In the construction of a dwelling or dwellings insured under 12 U.S.C. 1715v, or 1715w, compliance with the requirements of paragraph (a) of this section may be waived by the Agency Head in cases or classes of cases where laborers or mechanics, not otherwise employed at any time on the project, voluntarily donate their services without full compensation for the purpose of lowering the cost of construction and the Agency Head determines that any amounts saved thereby are fully credited to the nonprofit corporation, association, or other organization undertaking the construction. (2) .In construction assisted by any loan or grant under 20 U.S.C. Ch. 21, the Agency Head may waive the application of 20 U.S.C. 753(a) in cases or classes of cases where laborers or me- chanics not otherwise employed at any time in the construction of the project, voluntarily donate their services for the purpose of lowering the costs of construction and the Agency Head deter- mines that any amounts saved thereby are fully credited to the educational institution undertaking the construction. (3) In construction assisted under Section 503 of the Housing Act of 1964, the Agency Head may waive the application of the pre- vailing wage standards prescribed therein in cases or classes of cases where laborers or mechanics, not otherwise employed at any time on the project, voluntarily donate their services without compensation for the purpose of lowering the costs of construction and the Agency Head determines that any amounts thereby saved are fully credited to the person, corporation, association, organization, or other entity undertaking the project. LS -6 (c) The Agency Head shall cause or require the following clauses set forth in subparagraphs (1), (2), (3) and (4) of this paragraph to be included in full in any contract subject to the Contract Work Hours Standards Act. 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 laborer or mechanic in any workweek in which he is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, as the case may be. (2) VIOLATION; LIABILITY FOR UNPAID WAGES; LIQUIDATED DAMAGES. In the event of any violation of t e clause set fort in •n su - paragraph (1), the contractor and any subcontractor responsible therefor shall be liable to any effected employee for his 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 employed in violation of the clause set forth in sub- paragraph (1), in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1). (3) WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES. The write in the name of the Federal agency may withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor, such sums as may administratively 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). (4) SUBCONTRACTS. The contractor shall insert in any subcontracts the clauses set forth in subparagraphs (1), (2), and (3) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. (d) In any contract required to contain the withholding clause set forth in subparagraph (2) of paragraph (a) of this section, the Federal Agency may modify the clause in subparagraph (3) of paragraph (c) of this section so as to refer only to the withholding and determination of sums for liquidated damages. LS -7 (e) In any contract subject only to the Contract Work Hours Standards Act and not to any of the other statutes cited in § 5.1, the Agency Head shall cause or require to be inserted a clause requiring the maintenance of records containing the information specified in § 516.2(a) of this Title. Records containing such information shall be preserved for a period of three years from the completion of the contract. Further, the Agency Head shall cause or require to be inserted in any such contract a clause providing that the records to be maintained under this paragraph shall be available for inspection in the manner that inspection of records is available under the terms of paragraph (a) (3) (ii) of this section. (f) In contracts subject to section 803 of the National Housing Act, the Agency Head shall cause or require inclusion of the following clause: Every laborer and mechanic employed by the contractor or any subcontractor engaged in the construction of the project shall receive compensation at a rate of not less than one and one-half times his basic or regular rate of pay for all hours worked in any workweek in excess of eight hours in any workday or forty hours in the workweek, as the case may be. LS -8 BASIC FRINGE BENEFITS PAYMENTS HOURLY RATES H&W PENSIONS VACATION APP. TR. OTHER A -Frame Truck SUPERSEDEAS DECISION AP -519 STATE: KANSAS COUNTIES: Allen, Anderson, Atchison, Bourbon, Asphalt Paving Machine Brown, Butler, Chase, Chantauqua, Cherokee, Asphalt Spreader Screed Clay, Cloud, Coffey, Cowley, Crawford, Operator Dickinson, Doniphan, Elk, Franklin, Geary, Asphalt Plant Heater Greenwood, Harper, Harvey, Jackson, Kingman, Attendant Labette, Linn, Lyon, Marion, Marshall, McPherson Asphalt Plant Operator Montgomery, Morris, Nemaha, Neosho, Osage, Ottawa, Asphalt Raker Pottawatomie, Reno, Republic, Riley, Saline, Auger Operator Sumner, Wabaunsee, Washington, Wilson, Woodson DECISION NO.: AP -519 DATE: Date of Publication Supersedes Decision No. AM -11,403; dated March 17, 1972, in 37 FR 5664 DESCRIPTION OF WORK: Highway Construction BASIC FRINGE BENEFITS PAYMENTS HOURLY RATES H&W PENSIONS VACATION APP. TR. OTHER A -Frame Truck $3.14 Air Tool Man 2.65 Asphalt Paving Machine 3.215 Asphalt Spreader Screed 2.75 Operator Asphalt Plant Heater 3.10 Attendant Asphalt Plant Operator 3.62 Asphalt Raker 3.00 Auger Operator 3.08 Back Filler Operator 3.06 Back Hoe 3.61 Blowing Mechanism on 2.50 Straw Blower Brick Mason 3.65 Bulldozer Operator 3.54 Carpenter 3.64 Carpenter Tender 2.88 Cement Handler, Bulk 3.00 Cement Mason 3.52 Compressor Operator 2.70 Concrete Central Plant 3.75 Operator Concrete Gang Saw, 3.35 Self -Propelled Concrete Finisher 3.75 (Paving) Concrete Paver 3.92 Concrete Paving 3.32 Longitudinal Float Concrete Paving 4.00 Spreader Concrete Saw 3.35 Conveyor Operator 3.25 LS -9 - BASIC FRINGE BENEFITS PAYMENTS HOURLY RATES H&W PENSIONS VACATION APP. TR. OTIIF.R Crane, or•any Machine $3.75 Power Swing Crusher, Feeder 3.50 Crusher & Screening 3.50 Plant Operator Distributor Driver 2.88 Distributor Operator 3.00 Electrician 4.31 Euclid Loader 3.20 Operator Finishing Machine 3.50 Operator Form Liner and Setter 3.09 Front End Loader, Over 3.39 1 C.Y. Front End Loader, 1 3.12 C.Y. & less Harrow, Disc, Seeder 2.75 Hot Mastic Kettleman 3.00 Ironworker (Ornamental 2.75 & Structural) - Laborer (Construction 2.53 &.General) Landscape Worker 2.53 Lineman 4.30 Line Truck & 4.00 Equipment Operator Mechanic 4.26 Mechanic Helper 3.00 Mixer (Skip) 3.00 Motor Grader Operator 3.55 (Finish) Motor Grader Operator 3.43 . (Rough) Oilers - Greasers 3.45 Painter (Structural 2.60 Steel & Bridge) Painter (Roadside Imp.) 2.00 Piledriverman 4.33 Pilot Car Driver 2.53 Pipelayer 3.39 Plumber (Roadside 3.39 Imp.) Post Driver Operator 3.75 Powderman 3.00 Pump Operator 3.00 Push Cat Operator 3.57 Reinforcing Steel 2.66 Setter Roller (Self- 3.00 Propelled -Vibrator) LS -10 Roller, Pneumatic (Self -Propelled). Roller, Steel (Self -Propelled) Roller (Self - Propelled -Not Asphalt) Roller, Steel Wheel (Plant Mix) Rotary Broom Operator Rotary Drill Operator Sand Blaster Scaleman Scoop Operator (Single Engine) Scoop Operator (Twin Engine) Serviceman Slurry Machine Operator Spreader Box Operator (Self -Propelled) Steel Worker (Structural) Subgrading Machine Operator Tamper Operator Tractor Operator, 50 HP or less Tractor Operator, Over 50 HP Tractor Operator, Fencing, 50 HP or less Trenching Machine Operator Trucks: Light Single Axle Tandem Axle Low Boy, Semi. Transit Mix Euclid, 17 C.Y. & less Euclid, Over 17 C.Y. Vibrating Machine Operator Wagon Drill Operator Welder BASIC FRINGE BENEFITS PAYMENTS HOURLY RATES H&W PENSIONS VACATION APP. TR. OTHER $2.85 3.00 . 3.00 3.10 2.60 3.875 2.65 2.75 3.51 3.75 2.75 3.00 3.19 3.27 3.10 2.53 2.63 3.00 3.29 3.38 2.53 2.66 2.83 3.50 3.25 3.70 2.53 2.85 3.75 FEDERAL REGISTER, VOL. 38, No. 56 --FRIDAY, MARCH 23, 1973 LS -11 SUPPLEMENTAL AGREEMENT FENCING OF TENNIS COURTS The undersigned hereby agrees to the following terms and conditions: (a.) Nondiscrimination Law: This agreement will obligate the Contractor and subcontractors not to discriminate in employment practices, in accordance with the President's Executive Order No. 11246 and the Kansas nondiscrimination law. (b.) Labor Standards: The Contractor must be prepared to comply in allrespects with all provisions of the Labor Standards included as a part of this agreement. (29 CFR 5.5) (29 CFR 5a.3) (AP -519 -Mod. #1) All other terms and conditions stated in our proposal to the City of Salina, Kansas, dated August 19, 1974, remain unchanged. Signed this day of , 1974. CONTRACTOR: ADDRESS: BY: TITLE: Seal -- if Contractor be a corporation (LS. -0) LABOR STANDARDS CONTRACT PROVISIONS 29CRF 5a.3 5a.3 APPRENTICE AND TRAINEE EMPLOYMENT REQUIREMENTS. (a) The following contract clauses shall be conditions of each Federal or federally assisted construction contract in excess of $10,000 and each Federal agency concerned shall include the clauses, or provide for their inclusion, in each such contract. (1) The contractor agrees: (i) That he will make a diligent effort to hire for the performance of the contract a number of apprentices or trainees, or both, in each occupation, which bears to the average number of the journeymen in that occupation to be employed in the performance of the contract the applicable ratio as determined by the Secretary of Labor; (ii) That he will assure that 25 percent of such apprentices or trainees in each occupation are in their first year of training, where feasible. Feasibility here involves a consideration of (a) the: availability.of.trai.ning opportunities for first year appren- tices, (b) the hazardous nature of the work for beginning workers, (c) excessive unemployment of apprentices in their second and subsequent years of training. (iii) That during the performance of the contract he will, to the greatest extent possible,.employ the number of apprentices or trainees necessary to meet currently the requirements of sub- divisions (i) and (ii) of this subparagraph. (2) The contractor agrees to maintain records of employment by trade of the number of apprentices and trainees, apprentices and trainees by first year of training and of journeymen, and the wages paid and hours of work of such apprentices, trainees and journeymen. The contractor agrees to make these records available for inspection upon request of the Department of Labor and the Federal agency concerned. (3) The contractor who claims compliance based on the criterion stated in § 5a.4(b) agrees to maintain records of employment, as described in § 5a.3(a) (2), on non -Federal and nonfederally assisted construction work done during the performance of this contract in the same labor market area. The contractor agrees to make these records available for inspection upon request of the Department of Labor and the Federal agency concerned. (4) The contractor agrees to supply one copy of the written notices required in accordance with § 5a.4(c) at the request of Federal agency compliance officers. The contractor also agrees to supply at 3 -month intervals during performance of the contract and after completion of contract performance a statement describing LS 1 steps taken toward making a diligent effort and containing a break- down by craft, of hours worked and wages paid for first year appren- tices and trainees, other apprentices and trainees, and journeymen. One copy of the statement will be sent to the agency concerned, and one to the Secretary of Labor. (5) The contractor agrees to insert in any subcontract under this contract the requirements contained in this paragraph (29 CFR 5a.3(a) (1), (2), (3), (4), and (5) Sections 5a.4, 5a.5, 5a.6, and 5a.7 shall also be attached to each such contract for the information of the contractor.The term "contractor" as used in such clauses in any subcontract shall mean the subcontractor. (b) The provisions of paragraph (a) of this section shall not apply with regard to any contract, if the head of the Federal agency concerned finds it likely that making of the contract with the clauses contained in paragraph (a) of this section will prejudice the national security. LS -2 LABOR STANDARDS CONTRACT PROVISIONS 29CRF 5.5 § 5.5 CONTRACT PROVISIONS AND RELATED MATTERS. (a) The Agency Head shall cause or require to be inserted in full in any contract subject to the labor standards provisions of any of the acts listed in 8 5.1, except those subject only to the Contract Work Hours Standards Act, the following clauses or any modifications thereof to meet the particular needs of the agency if first approved by the Department of Labor: (1) MINIMUM WAGES. (i) All mechanics and laborers employed or working upon the site of the work, or under the United State Housing Act of 1937 or under the Housing Act of 1949 in the construction or develop- ment of the project, 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 (29CFR Part 3), the full amounts due at time of payment computed at wage rates not less than those contained in the wage determination decision of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractural relationship which may be alleged to exist between the contractor and such laborers and mechanics; and the wage determination decision shall be posted by the contractor at the site of the work in a prominent place where it can be easily seen by the workers. For the purpose of this clause, contributions made or costs reasonably anticipated under section 1(b) (2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29CFR 5.5(a)(1)(iv). Also for the purpose of this clause, regular contributions made or costs incurred for more than a weekly period under plans, funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period. (ii) The contracting officer shall require that any class of laborers or mechanics, including apprentices and trainees, which is not listed in the wage determination and which is to be employed under the contract, shall be classified or reclassified conformably to the wage determination and a report of the action taken shall be sent by the Federal agency to the Secretary of Labor. In the event the interested parties cannot agree on the proper classification of a particular class of laborers and mechanics, including apprentices and trainees, to be used, the question accompanied by the recommendation of the contracting officer shall be referred to the Secretary for final determina- tion. LS -3 (iii) The contracting officer shall require 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 wage rate and the contractor is obligated to pay a cash equivalent of such a fringe benefit, an hourly cash equivalent thereof to be established. In the event the interested parties cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the recommendation of the contracting officer, shall be referred to the Secretary of Labor for determination. (iv) If the contractor does not make payments to a trustee or other third person, he may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this contract: Provided, however, 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. (2) WITHHOLDING. The (write in name of Federal agency) may withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices and trainees, employed by the contractor or any subcontractor on the work the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice or trainee, employed or working on the site of the work or udner the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project, all or part of the wages required by the contract, the (Agency) 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. (3) PAYROLLS AND BASIC RECORDS. (i) Payrolls and basic records relating thereto will be maintained during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work, or under the United State Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project. Such records will contain the name and address of each such employees, his correct classification, rates of pay (including rates of contributions or costs anticipated of the types described in section l(b)(2) 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 l(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show LS -4 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. (ii) The contractor will submit weekly a copy of all payrolls to the (write in name of appropriate Federal agency) 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 the (write in name of agency). The copy shall be accompanied by a statement signed by the employer or his agent indicating that the payrolls are correct and complete, that the wage rates contained therein are not less than those determined by the Secretary of Labor and that the classifications set forth for each laborer or mechanic conform with the work he performed. A submission of a "Weekly Statement of Compliance" which is required under this contract and the Copeland regulations of the Secretary of Labor (29 CFR, Part 3) and the filing with the initial payroll.or any subsequent payroll of a copy of any findings by the Secretary of Labor under 29 CFR 5.5(a)(1)(iv) shall satisfy.this requirement. The prime contractor shall be responsible for the submission of copies of payrolls of all subcontractors. The contractor will make the records required under the labor standards clauses of the contract available for inspection by authorized representatives of the (write the name of agency) and the Department of Labor, and will permit such representatives to interview employees during working hours on the job. (4) APPRENTICES AND TRAINEES. (i) Apprentices will be permitted to work as such only when they are registered individually, under a..bona fide apprenticeship program registered with a State apprenticeship agency which is recognized by the Bureau of Apprenticeship and Training, U.S. Department of Labor; or, if no such recognized agency exists in a State, under a program registered with the Bureau of Apprenticeship and Training, U.S. Department of Labor. The allowable ratio of apprentices to journeymen.in any craft classifications shall not be greater than the ratio permitted to the contractor as to his entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not a trainee as defined in subdivision (ii) of this subparagraph or. is not registered as above, shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish to the contracting officer written evidence of the registra- tion of his program and apprentices as well as of the appropriate ratios and wage rates, for the area of construction prior to using any apprentices on the contract work. (ii) Trainees will be permitted to work as such when they are bona fide trainees employed pursuant to a program approved by the U.S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and Training, and, where subdivision (iii) of this subparagraph is applicable, in accordance with the provisions LS -5 - of Part 5a of this subtitle. (iii) Application of 29 CFR Part 5a. On contracts in excess of $10,000 the employement of all laborers and mechanics, including apprentices and trainees, as defined in 5.2(c) shall also be subject to the provisions of Part 5a of his subtitle. Apprentices and trainees shall be hired in accordance with the requirements of Part 5a of this subtitle. (5) COMPLIANCE WITH COPELAND REGULATIONS (29 CFR PART 3)_. The contractor shall comply with the Copeland Regulations (29 CFR Part 3) of the Secretary of Labor which are herein incor- porated by reference. (6) SUBCONTRACTS. The contractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (5) and (7) and such other clauses as the (write in the name of Federal agency) may be appropriate instructions require, and also a.clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into, together.with a clause requiring this insertion in any further subcontracts that may in turn be made. (7) CONTRACT TERMINATION; DEBARMENT. A breach of clauses 1 through (6)—may be grounds for ter- mination of the contract, and for debarment as.provided in 29 CFR 5.6. (b)(1) In the construction of a dwelling or dwellings insured under 12 U.S.C. 1715v, or 1715w, compliance with the requirements of paragraph (a) of this section may be waived by the Agency Head in cases or classes of cases where laborers or mechanics, not otherwise employed at any time on the project, voluntarily donate their services without full compensation for the purpose of lowering the cost of construction and the Agency Head determines that any amounts saved thereby are fully credited to the nonprofit corporation, association, or other organization undertaking the construction. (2) In construction assisted by any loan or grant under 20 U.S.C. Ch. 21, the Agency Head may waive the application of 20 U.S.C. 753(a) in cases or classes of cases where laborers or me- chanics not otherwise employed at any time in the construction of the project, voluntarily donate their services for the purpose of lowering the costs of construction and the Agency Head deter- mines that any amounts saved thereby are fully credited to the educational institution undertaking the construction. (3) In construction assisted under Section 503 of the Housing Act of 1964, the Agency Head may waive the application of the pre- vailing wage standards prescribed therein in cases or classes of cases where laborers or mechanics, not otherwise employed at any time on the project, voluntarily donate their services without compensation for the purpose of lowering the costs of construction and the Agency Head determines that any amounts thereby saved are fully credited to the person, corporation, association, organization, or other entity undertaking the project. LS -6 (c) The Agency Head shall cause or require the following clauses set forth in subparagraphs (1), (2), (3) and (4) of this paragraph to be included in full in any contract subject to the Contract Work Hours Standards Act. 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 laborer or mechanic in any workweek in which he is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, as the case may be. (2) VIOLATION; LIABILITY FOR UNPAID WAGES; LIQUIDATED DAMAGES. In the event of any violat of n of the c ause set forth in sub- paragraph (1), the contractor and any subcontractor responsible therefor shall be liable to any effected employee for his 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 employed in violation of the clause set forth in sub- paragraph (1), in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1). (3) WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES. The (write in the name of the Federal agency) may withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor, such sums as may administratively 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). (4) SUBCONTRACTS. The contractor shall insert in any subcontracts the clauses set forth in subparagraphs (1), (2), and (3) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. (d) In any contract required to contain the withholding clause set forth in subparagraph (2) of paragraph (a) of this section, the Federal Agency may modify the clause in subparagraph (3) of paragraph (c) of this section so as to refer only to the withholding and determination of sums for liquidated damages. LS -7 (e) In any contract subject only to the Contract Work Hours Standards Act and not to any of the other statutes cited in § 5.1, the Agency Head shall cause or require to be inserted a clause requiring the maintenance of recordscontaining the information specified in § 516.2(a) of this Title. Records containing such information shall be preserved for a period of three years from the completion of the contract. Further, the Agency Head shall cause or require to be inserted in any such contract a clause providing that the records to be maintained under this paragraph shall be available for inspection in the manner that inspection of records is available under the terms of paragraph (a) (3) (ii) of this section. (f) In contracts subject to section 803 of the National Housing Act, the Agency Head shall cause or require inclusion of the following clause: Every laborer and mechanic employed by the contractor or any subcontractor engaged in the construction of the project shall receive compensation at a rate of not less than one and one-half times his basic or regular rate of pay for all hours worked in any workweek in excess of eight hours in any workday or forty hours in the workweek, as the case may be. LS -8 BASIC FRINGE BENEFITS PAYMENTS HOURLY RATES H&W PENSIONS VACATION APP. TR. OTHER A -Frame Truck SUPERSEDEAS DECISION AP -519 STATE: KANSAS COUNTIES: Allen, Anderson, Atchison, Bourbon, Asphalt Paving Machine Brown, Butler, Chase, Chantauqua, Cherokee, Asphalt Spreader Screed Clay, Cloud, Coffey, Cowley, Crawford, Operator Dickinson, Doniphan, Elk, Franklin, Geary, Asphalt Plant Heater Greenwood, Harper, Harvey, Jackson, Kingman, Attendant Labette, Linn, Lyon, Marion, Marshall, McPherson Asphalt Plant Operator Montgomery, Morris, Nemaha, Neosho, Osage, Ottawa, Asphalt Raker Pottawatomie, Reno, Republic, Riley, Saline, Auger Operator Sumner, Wabaunsee, Washington, Wilson, Woodson DECISION NO.: AP -519 DATE: Date of Publication Supersedes Decision No. AM -11,403; dated March 17, 1972, in 37 FR 5664 DESCRIPTION OF WORK: Highway Construction BASIC FRINGE BENEFITS PAYMENTS HOURLY RATES H&W PENSIONS VACATION APP. TR. OTHER A -Frame Truck $3.14 Air Tool Man 2.65 Asphalt Paving Machine 3.215 Asphalt Spreader Screed 2.75 Operator Asphalt Plant Heater 3.10 Attendant Asphalt Plant Operator 3.62 Asphalt Raker 3.00 Auger Operator 3.08 Back Filler Operator 3.06 Back Hoe 3.61 Blowing Mechanism on 2.50 Straw Blower Brick Mason 3.65 Bulldozer Operator 3.54 Carpenter 3.64 Carpenter Tender 2.88 Cement Handler, Bulk 3.00 Cement Mason 3.52 Compressor Operator 2.70 Concrete Central Plant 3.75 Operator Concrete Gang Saw, 3.35 Self -Propelled Concrete Finisher 3.75 (Paving) Concrete Paver 3.92 Concrete Paving 3.32 Longitudinal Float Concrete Paving 4.00 Spreader Concrete Saw 3.35 Conveyor Operator 3.25 LS -9' Crane, or'any Machine Power Swing Crusher, Feeder Crusher & Screening Plant Operator Distributor Driver Distributor Operator Electrician Euclid Loader Operator Finishing Machine Operator Form Liner and Setter. Front End Loader, Over 1 C.Y. Front End Loader, 1 C.Y. & less Harrow, Disc, Seeder Hot Mastic Kettleman Ironworker (Ornamental & Structural) Laborer (Construction & General) Landscape Worker Lineman Line Truck & Equipment Operator Mechanic Mechanic Helper Mixer (Skip) Motor Grader Operator (Finish) Motor Grader Operator (Rough) Oilers - Greasers Painter (Structural Steel & Bridge) Painter (Roadside Imp.) Piledriverman Pilot Car Driver Pipelayer Plumber (Roadside Imp.) Post Driver Operator Powderman Pump Operator Push Cat Operator Reinforcing Steel Setter Roller (Self - Propelled -Vibrator) BASIC FRINGE BENEFITS PAYMENTS HOURLY RATES H&W PENSIONS VACATION APP. TR. OTHER $3.75 3.50 3.50 2.88 3.00 4.31 3.20 3.50 3.09 3.39 3.12 2_.75 3.00 2.75 2.53 2.53 4.30 4.00 4.26 3.00 3.00 3.55 3.43 3.45 2.60 2.00 4.33 2.53 3.39 3.39 3.75 3.00 3.00 3.57 2.66 3.00 LS -10 BASIC FRINGE BENEFITS PAYMENTS HOURLY RATES H&W PENSIONS VACATION APP. TR. OTHER Roller, Pneumatic $2.85 (Self -Propelled) Roller, Steel 3.00 , (Self -Propelled) Roller (Self- 3.00 Propelled -Not Asphalt) Roller, Steel Wheel 3.10 (Plant Mix) Rotary Broom Operator 2.60 Rotary Drill Operator 3.875 Sand Blaster 2.65 Scaleman 2.75 Scoop Operator 3.51 (Single Engine) Scoop Operator 3.75 (Twin Engine) Serviceman 2.75 Slurry Machine 3.00 Operator Spreader Box Operator 3.19 (Self -Propelled) Steel Worker (Structural) 3.27 Subgrading Machine 3.10 Operator Tamper Operator 2.53 Tractor Operator, 50 2.63 HP or less Tractor Operator, Over 3.00 50 HP Tractor Operator, 3.29 Fencing, 50 HP or less Trenching Machine 3.38 Operator Trucks: Light 2.53 Single Axle 2.66 Tandem Axle 2.83 Low Boy, Semi. 3.50 Transit Mix Euclid, 17 C.Y. 3.25 & less Euclid, Over 17 C.Y. 3.70 Vibrating Machine 2.53 Operator . Wagon Drill Operator 2.85 Welder 3.75 FEDERAL REGISTER, VOL. 38, No. 56 --FRIDAY, MARCH 23, 1973 LS -11 rR tia -�Qv�OE'0y i (1�' °�JLr. �CE T� , �f/�2/�� le DENNIS HOGANi«.r,.;��n� Phone • V Manager "'" 913-823-2279 305 Norm SANTA ft P.O. Boz #875 SALINA, KANSAS 67401 `0 d y' k1'gl. .w1 v � 10 ti ar • U. - n GO V to . 2' s, 1 in N GoNcr016 ©aliD .le (LrI�r7�s - win' .a o 1 r w '21 •. THS -X N. T O T a -c a2,1�: ►�' int$:, 1, y' ►„�►� 21 IV aY N _ 1 e DENNIS ROGAN Manager 305 NORTH SANTA FE P.O. Box #875 - lo x 4' SALINA, KANSAS 67401 5r GAte io',c y' Gare. Phone 913423-2279 7 -I -7Y I all Is SuNS�T PaYh� I�AS-t cod Rt DENNIS HOGAN eo.8 �'... Phone Manager 913-823-2279 30S Noxrx SANTA FE P.U. Boz #875 SALiNA_ KANSAS 67401 N9 WATER TowER SLW59 r PAYk K'If yll Sal. GaTe O O¢ • �O------------ 7 Y 80 1 o . 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