CONTRACT REVIEW CHECKLIST

All contractors and all subcontractorsshall, as a conditionof bidding; or for an award of work on behalf of the College for work that is estimated to cost $10,000.00 or more, for the construction, alteration or repair of any property of Metropolitan Community College shall verify under oath and in writing at the time of^` bidding that they will comply with the following conditions for bidding, contracting and subcontracting and, for the duration of the project, shall comply with the following obligations:

A. Necessary Contract Provisions

1.                   The bidder and all lower-tiered subcontractors under the bidder agree to pay the appropriate lawful prevailing rates to the mechanics, laborers or workers employed on the project.

2.                 The bidder and all lower-tiered subcontractors under the bidder must, at the time of bidding, demonstrate participation with or maintenance of their own apprentice training program, approved by the United States Department of Labor.

3.                                                   The bidder and all lower-tiered subcontractors-under the bidder, that have four or more employees on a project for Metropolitan Community College, must employ atleast 1 apprentice, and must maintain, at a minimum, a 25% apprentice to 75% non apprentice ratio for the duration of the project.

4.                                                   The bidder and all lower-tiered subcontractors under the bidder must, at the time of bidding, furnish hospitalization and medical benefits and/or coverage for all eligible employee mechanics, laborers and/or workers.

5.             The bidder and lower-tiered subcontractors under the bidder must maintain appropriate workers'                 compensation accident insurance or be qualified as a self-insurer for workers’ compensation purposes.

6.             The bidder and all lower-tiered subcontractors under the bidder must properly classify employees, rather                 than independent contractors, and treat them accordingly for purposes of workers’ compensation            insurance coverage, unemployment taxes, Social Security taxes and income tax withholding.

7.             The bidder and all lower-tiered subcontractors under the bidder and utilizing the services of mechanics,                laborers or workers, who are not classified as employees under this subsection, shall provide written     notice to said mechanics, laborers and workers of their status as independent contractors.  Said notice     shall include a provision advising the mechanics, laborers or workers that they are not eligible for              workers’ compensation, health insurance or unemployment compensation from the contractor or                 subcontractor.  Copies of such notices shall be made available to the Metropolitan Community College             Area upon request.

8.             The contractor and all lower-tiered subcontractors agree and warrant that in the performance of work   under this contractor, they shall follow all state, local and Federal requirements prohibiting              discrimination in employment and providing for equal employment opportunity.

9.             For purposes of this checklist, a mechanic, laborer or worker is an employee by an employer if the person             is suffered or permitted to work.

10.          The bidder and all lower-tiered subcontractors shall incorporate the requirements of this resolution into                 each subcontract, and require that each subcontractor incorporate the requirements of this resolution and           all subsequent contracts, such that all lower-tiered subcontractors performing work under the contract       shall be bound by the terms hereof.

11.          A notice shall be posted by contractors or subcontractors in conspicuous places on the project site             containing the provisions of this resolution.

12.          The bidders and all lower-tiered subcontractors and their employees whose craft in the local authority   having jurisdiction is required to be licensed, whether contractor, journeyperson, or apprentice will be                 properly certified by the appropriate licensing authority.

B.            A bid submitted by any contractor or by any subcontractor of any tier to a contractor or Metropolitan                 Community College that does not comply with any of the foregoing conditions in Paragraph A for bidding                 shall be rejected, and no contract or subcontract shall be awarded to a subcontractor that does not agree               to comply with the foregoing condition or demonstrate compliance.

C.            All bidders and subcontractors under the bidder who are awarded or who otherwise obtain contracts or                 projects shall comply with the obligations as set forth in Paragraph A above for the entire duration of their                 work on the project.

D.           Any bidder or subcontractor under the bidder who fails to comply with any one of the obligations as set forth above in Paragraph A through C for any period of time shall be subject to withholding of payment due under any contract or subcontract until compliance is obtained, and subject to cessation of work on the project until compliance is obtained or permanent removal from any further work on the project.

E.            All bidding requests or contracts entered into by Metropolitan Community College Area for the construction, alteration or repair of any College building, or College work or employing or using mechanics, laborers and workers not employed by the College directly in the                 performance of work under the contact shall incorporate the provisions of this resolution.

F.            The provision of this resolution, or the application of such provision to any person or circumstances, shall be enjoined or held to be invalid, the remaining provision of this resolution.

NEW I-9 FORM AND FMLA POSTER REQUIRED IN 2009: The Department of Homeland Security (DHS) Dec. 17 published a final rule announcing that employers must begin using the updated Employment Eligibility Verification Form, also known as Form I-9, by Feb. 2 to avoid fines and penalties.  The new I-9 form can be downloaded at www.uscis.gov/i-9.  All employers are required to complete a Form I-9 for each employee hired in the United States and to re-verify any employee with expiring employment authorization.  The new form is revised to mandate that all documents presented during the I-9 completion process must not be expired.

ABC HELPS SHAPE CHANGE IN FINAL H-2B RULE: In a victory for merit shop construction, the U.S. Department of Labor (DOL) Dec. 19 published a final rule revising the H-2B temporary worker program that permits employers to hire foreign workers to come to the United States to perform temporary nonagricultural work.  At ABC’s urging, DOL revised a provision from the proposed rule that would have mandated employers first recruit workers through labor unions before qualifying for the H-2B program.

ABC filed comments with DOL and U.S. Citizenship and Immigration Services opposing the provision, which called for using union organizations to recruit employees “if it is appropriate for the occupation and customary to the industry and area of intended employment.”  “In the construction industry, not only is this preferential requirement arbitrary and grossly unreasonable, it also misstates the relevant facts,” ABC stated, noting that nonunion contractors currently make up over 80 percent of the construction industry in the United States.  Mandatory recruitment of employees through unions “may be appropriate in some industries,” ABC said, “but it would be entirely inappropriate in construction.”

DOL PUBLISHES FINAL RULE PROTECTING WORKER PRIVACY: The Department of Labor (DOL) Dec. 19 published a final rule revising regulations pertaining to the Davis-Bacon Act and the Copeland Anti-Kickback Act to better protect the privacy of workers on federal construction contracts.  The proposed rule, which goes into effect Jan. 18, eliminates the requirement that certain personal information about workers be transmitted weekly to DOL on certified payrolls.

Under the new rule, workers’ Social Security numbers and home addresses no longer have to be transmitted to DOL in weekly emails containing wage information, although the agency will require individual employee identification numbers which will likely be the last four digits of a worker’s social security number.

ABC strongly supported DOL’s efforts to improve worker privacy in comments and pointed out that the rule “creates a uniform system that provides greater protection against inadvertent disclosure of private employee information. There is no reason to continue requiring contractors to expose their employees’ personal information outside the workplace and outside the context of an actual investigation.”

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Training Classes

Management & Safety Class Schedule

First Aid/CPR Classes

$50.00 each attendee – Member Price/$60.00 each attendee – Non-Member

Recertification only - $40.00 each attendee – Member Price/$50.00 each attendee – Non-Member Price

¨  January 14, 2009 1:00 – 5:00 p.m. – LINCOLN

¨  January 15, 2009 1:00 – 5:00 p.m. – OMAHA

¨  January 27, 2009 – 1:00 – 5:00 p.m. – LINCOLN

¨  January 29, 2009 – 7:00 – 11:00 a.m. – OMAHA

¨  February 11, 2009 – 1:00 – 5:00 p.m. – LINCOLN

¨  February 12, 2009 – 1:00 – 5:00 p.m. – OMAHA

¨  February 25, 2009 – 7:00 – 11:00 a.m. – OMAHA

¨  February 26, 2009 – 7:00 – 11:00 a.m. - LINCOLN

OSHA 10 Hour Class

OSHA requires a competent person on all job sites.  This course ensures that your people have the necessary training to comply with OSHA standards CFR 1926.32(f) for a competent person. Training includes OSHA Construction Standards CFR 29 1926, Scaffolds, Ladders and Stairways, Housekeeping, Personal Tools, Electrical Hazards, Fall Protection, Materials Handling, Hazardous Communications and much more!

**CFR 192 OSHA Regulations Book for the Construction Industry with new steel erection standards will be available for $25.00** each for class participants.

$135.00 each attendee – Member Price/$240.00 each attendee – Non-Member Price

¨  January 13, 2009 – 7:00 a.m. – 5:30 p.m.- OMAHA

¨  January 27, 2009 – 7:00 a.m. – 5:30 p.m. – LINCOLN

¨  January 28, 2009 – 7:00 a.m. – 5:30 p.m. – OMAHA

¨  February 12, 2009 -  7:00 a.m. – 5:30 p.m. – LINCOLN

¨  February 20, 2009 - 7:00 a.m. – 5:30 p.m. – OMAHA

¨  February 24, 2009 -  7:00 a.m. – 5:30 p.m. – LINCOLN

Focus Four Safety Training:

For employees who are starting to work in the industry or the seasoned employee who may need a refresher course in the four focused areas that cause the most injuries and deaths in construction.  The course will cover the 4 subparts of the CFR1926 standard – falls, electrical, struck by and caught-in-between.

$90.00 each attendee – Member Price/$125.00 each attendee – Non-Member Price

¨  January 22, 2009 – 1:00 – 5:00 p.m.- LINCOLN

¨  January 29, 2009 – 1:00 – 5:00 p.m.- OMAHA

30 Hour OSHA Class

Federal Law requires each company have a designated trained safety coordinator.  This will give your foremen, supervisors, safety directors or safety coordinators the expertise to comply with all OSHA and State requirements.  This is an in-depth look at CFR 1926 and 1920 and NE 757 as they affect construction. Price includes study materials

$395.00 each attendee – Member Price / $595.00 each attendee –Non-Member price.

¨  February 4, 11, 18, 2009 – 7:00 a.m. – 5:30 p.m. – OMAHA

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  Omaha Classes are held at the Education Center, 2602 Harney Street, Omaha

Lincoln Classes are held at the Training Center, 830 Westgate Blvd., Lincoln

PLEASE DUPLICATE THIS FORM FOR MULTIPLE CLASSES

Company:                                         Address:                                Phone:                                   Fax:               

Names (please print):                                                                       Class/Date:                            Cost:              

                                                                                                          Class/Date:                            Cost:              

                                                                                                           Class/Date:                            Cost:              

Return Registration Form and Check Payable to Associated Builders & Contractors

830 Westgate Blvd., Lincoln, NE  68528    FAX 402-477-4522

Email-debh@abcnebraska.org