HomeMy WebLinkAboutUS Dept of Housing and Urban Development - Federal Labor Standards Settlement Agreement Seattle P �CMENTD� yDG U.S. Department Federal Office of Housing Building and Urban Development
O - z Seattle Regional Office
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' ° II VII1 �` Office of Labor Relations, M
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Seattle, WA 98104 -1000
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FEDERAL LABOR STANDARDS SETTLEMENT AGREEMENT
Yakima, Washington Hilton Hotel Project
As a result of HUD's investigation of Competitive Plumbing, Inc.'s (CPI) compliance
with Federal labor standards on the Hilton Hotel project, Yakima, Washington, HUD concluded
that G.H Moen Construction LLC (GHM) failed to notify CPI of the updated Davis -Bacon wage
detemiination applicable to the project resulting in underpayment of CPI employees performing
plumbing work and that CPI further underpaid some of these employees by misclassifying them
as laborers. GHM, CPI, HUD and the City of Yakima agree to the terms of the following
settlement agreement in order to satisfy prevailing wage obligations to these employees:
1. CPI will make wage restitution in the amount of $91,429.43 to 7 employees as set forth in the
attached Schedule of Back Wages Due (BW).
2. GHM will make wage restitution in the amount of $12,324.26 to 12 workers as set forth in
the attached BW.
3. CPI and GHM agree to document restitution to each employee by:
a. Submitting copies of wage restitution checks and check stubs for each worker to
HUD, Region X, Office of Labor Relations within thirty (30) days of this
agreement; and
b. Submitting copies of wage restitution canceled checks for each employee to
HUD, Region X, Office of Labor Relations, within forty -five (45) days of this
agreement.
4. In the event that any wage restitution cannot be distributed due to the inability to locate the
proper persons, CPI and GHM agree:
a. To provide their most recent address for the unfound workers to HUD, Region X,
Office of Labor Relations within forty -five (45) days of this agreement so that
HUD may make its own attempts at locating the missing workers;
b. To document wage restitution to located unfound workers within thirty (30) days
of notice of their location in accordance with the procedure outlined above for
other workers; and
c. To deposit funds to HUD for outstanding wage restitution due workers who
remain unfound, or who refuse to accept their back wages, within ninety (90) days
of this agreement.
5. Failure to make timely payment constitutes default.
www.hud.gov /washington.html
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6. CPI and GHM agree they will henceforth comply with Federal prevailing wage requirements
regarding applicable wage determinations and classifications.
7. HUD and the City of Yakima agree that compliance with the terms of this settlement
agreement is a full and satisfactory settlement of claimed violations resulting from its
investigation of Federal labor standards compliance on the Hilton Hotel project.
8. Neither the execution of this agreement nor the performance by GHM and CPI of any of their
obligations above shall constitute or be construed as an admission by GHM or CPI that either
has violated any provision of the Davis -Bacon Act, and such execution and performance
shal be with t p e; : did- to GHM's or CPI's position in this respect.
(
By: / / /1.. By:' ..,Alkdo Ate. AN II' - - )
Mr. Michael Hatch, Owner ames K. Harrell
Competitive Plumbing, Inc. Regional Labor Relations Officer
571 N. Gallaway Drive Office of Labor Relations, OASL
Yakima, WA 98908 Department of Housing &
Urban Development
Date: �°' 909 First Ave., Suite 200
Seattle, WA 98104 -1000
Date: °`° " C
By: r ' j < ` � ': = ®` a By: ti' ' ,.� r vf � - i //
ice`
Mr. Michael Moen Mr. William Cook
G.H. Moen Construction LLC Director
516 South 5` Avenue City of Yakima
Yakima, WA 98902 Department of Community &
Economic Development
City Hall
2 . 129 North 2 Street
Date: _c` a Yakima, WA 98901
Date
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Schedule of Back Wages
Project: Hilton Garden Hotel
Yakima, WA
Depositor: G.H. Moen Construction, LLC
516 South 5th Avenue
Yakima, WA 98902
Employer: Competitive Plumbing
571 N. Gallaway Dr.
Yakima, WA 98908
Employee DBRA CWHSSA TOTAL G.H. Moen:'` Competitive Plumbing
1 Name Potter, Corey $26,011.40 $0.00 $26,011.40 , $ 2,433.36 =i° $23,578.04
Address 611 King St. Apt. #A
Yakima, WA 98902
SSN
2 Name Bulter, Justin $4,718.17 $0.00 $4,718.17 ,$441.38 :. $4,276.78
Address 716 N. 28th Avenue
Yakima, WA 98902
SSN
3 Name Emmanal, Bill $21,418.67 $0.00 $21,418.67 $2,003.71 $19,414.95
Address 20 East A St., Apt #82
Yakima, WA 98901
SSN
4 Name Evans, Mark $2,219.15 $23.41 $2,242.56 _,,$2,242.56'.
Address 490 Upland Way
Tieton, WA 98947
SSN
5 Name Hagart, Patrick $396.39 $0.00 $396.39 ";;$396.39:
Address 1107 So. 18th Street, Apt #53
Yakima, WA 98901
SSN
6 Name Peters, Nathan $1,167.77 $0.00 $1,167.77 $109.24:.; $1,058.53
Address 1309 Ledwich
Yakima, WA 98902
SSN
7 Name Ochoa, Juan $809.91 $0.00 $809.91 $75.77: $734.14
Address 402 Pioneer St.
Union Gap, WA 98903
SSN
8 Name Bradford, Cress $104.03 $0.00 $104.03 $104.03
Address 3709 Casa Court
Yakima, WA 98902
SSN
9 Name Brown, Seth $61.32 $0.00 $61.32 $61.32.:.:,
Address 203 S. 32nd Ave
Yakima, WA 98902
SSN
10 Name Beeler, John $101.84 $0.00 $101.84 $101..84,
Address In Jail
SSN
11 Name Garcia, Israel $28,286.74 $0.00 $28,286.74 ,,$2,646.22> $ 25,640.52
Address 1011 So. 42nd Ave., Apt #C
Yakima, WA 98908
SSN
12 Name Wood, Larry $18,458.30 $0.00 $18,458.30 $1,726.77 ,, $16,731.53
Address 1425 Ashbrooks
Tieton, WA 98947
SSN
Total All Workers: $103,753.67 $23.41 $103,777.08 i_.= :$12,342.58 $91,434.50