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Home My Public Portal About111-2015 - Metro - American Environmental Corp.- Phase 1 Remediation - Part 4ry SECTION 00824 INDIANA BROWNFIELDS PROGRAM CONTRACT PROVISIONS This project is funded through the Indiana Finance Authority's Brownfield Revolving Loan Fund (RLF) Loan program. The RLF Loan program receives capitalization money from the U.S. Environmental Protection Agency. Contracts awarded are subject to all state and federal regulations applicable to the RLF. SECTION 00824 INDIANA BROWNFIELDS PROGRAM CONTRACT PROVISIONS 1 DBE PACKET EPA FORM 5700-52A AND REPORTING SCHEDULE FOR SRF (AND RLF) 3 PUBLIC WORKS AND INDIANA FINANCE AUTHORITY — GOOD FAITH WORKSHEET 4 BIDDERS LIST H. CERTIFICATION OF NON -SEGREGATED FACILITIES (FORM OEE-1) 6 NOTICE TO LABOR UNIONS AND OTHER ORGANIZATIONS OF WORKERS (FORM OEE- 2) 7 DAVIS-BACON AND RELATED ACTS REQUIRED WAGE/FRINGE BENEFIT CERTIFICATION 8 9 CONTRACT PROVISION RELATED TO SUSPENSION AND DEBARMENT 10 FRONT END DOCUMENTATION ADDENDUM FOR RLF LOANS 11 Note. Items listed above follow each of the Section 00824 Flag Sheet page numbers, and are themselves separately numbered in some instances. Some of these forms reference the SRF loan program, but they also apply to this RLF project. xlwarKu�rrrr�on►a wEao�o�wr�www+�►oxswsr��r+orooc Weaver Consultants Group, LLC 00824 - Page 1 of 13 DBE PACKET �iwda►Aa�rr oiaw IwooV+� Mue►carl surErfarAwca Weaver Consultants Group, LLC 00824 -Page 2 of 13 INDIANA BROWNFIELDS PROGRAM DBE PACKET This packet lists required contract conditions that apply to aU Indiana Brownlields Program Revolving Fund projeils and contains forma that must be used in the procurement process. This packet must be physically included in all bidding and contrail documents. This project is being financed in whole or in part by the Indiana Brownfields Program Loan Programs. The loan recipient is required to comply with the following federal and state laws, rules and regulations and must ensure that their contractor(s) also comply with these regulations, laws and rules. 1. Title VI of the Civil Rights Act of 1964 (P.L 88-352), the Rehabilitation Act of 1973 (P.L. 93-1123, 87 Stat. 355, 29 U.S.C. Sec. 794), the Older Americans Amendments of 1975 (P.L. 94-135 Sec. 303, 89 Stat. 713, 728, 42 U.S.C. Sec. 6102), and subsequent regulations, ensures access to facilities or programs regardless of race, color, national origin, sex, age or handicap. 2. Executive Orders 11246, as amended by Executive Orders 11375 and 12096 and subsequent regulations. Prohibits employment discrimination on the basis of race, color, religion, sex or national origin. Inclusion of the seven clauses in Section 202 of E. O. 11246 as amended by E. O. 11375 and 12086 are required in all project related contracts and subcontracts over $10,000. 3. Executive Orders 11625, 12138 and 12432; 40 CFR part 33; Section 129 of P. L. 100-590 Small Businesses Reauthorization 8t Amendment Act of 1988; Public Law 102-389 (42 U.S.C. 437d); a 1993 appropriations act ("EPA's 8% statute"); Public Law 101-549, Title X of the Clean Air Acts Amendments of 1990 (42 U.S.C. 7601 note) ("EPA's 10% statute"). Encourages recipients to award construction, supply and professional service contracts to minority and women's business enterprises (MBE/WBE) and small businesses and requires recipients to utilize affirmative steps in procurement. 4. 40 CFR Part 33 Participation by Disadvantaged Business Enterprises in Procurement under Environmental Protection Agency (EPA) Financial Assistance Agreements 5. Executive Order 12549, 3 CFR, 189 and 40 CFR Part 32, Subparts B and C. Prohibits entering into contracts or sub -contracts with individuals or businesses who are debarred or suspended. Borrowers are required to check the status of all contractors (construction and professional services) and must require contractors to check the status of subcontractors for contracts expected to be equal to or over $25,000 via this Internet address: httn://eDlsamet.sov/. 6. Indiana Code 36-1-12-12, Requires the board to withhold final payment to contractor until the contractor has paid the subcontractors, material suppliers, laborers, or those furnishing services. 7. Indiana Code 36-1-12-13.1, requires performance and payments bonds equal to 1000/a of the contract price if the cost of the public work is estimated to be more than $200,000. 8. Indiana Code 5-16-7-1, requires that contractors of a public work, and any subcontractor of the construction, shall pay for each class of work described in subsection (c)(1) on the project a scale of wages that may not be less than the common construction wage. Equal Employment Inclusion of these seven clauses (excerpt from Executive Order No. 11246, Section 202 as amended by Executive Order 11375 and 12086) is required in all Indiana Brownfields Program project related contracts and subcontracts over $10,000: During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker's representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and all of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order No. 11246 of Sept. 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for 2 further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept. 24,1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of Sept. 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of Sept. 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Disadvantaged Business Enterprises (DBE) Good Faith Efforts Borrowers and their prime contractors must follow, document, and maintain documentation of their good faith efforts to meet the MBW/WBE goals as listed below to ensure that Disadvantage Business Enterprises (DBEs) have the opportunity to participate in the project by increasing DBE awareness of procurement efforts and outreach. In order to become a certified DBE under this rule, an eligible entity must submit an application that can be found by visiting: www.in.gov/indottdiv/legal/dbe. The fair share goal of contracts and subcontracts to be awarded to MBEs and WBEs and their participation in the Contractor, s aggregate workforce in each trade on all construction work for the subject project are as follows: MBEs 7 % WBEs 5 % 1. Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities; including placing DBEs on solicitation lists and soliciting them whenever they are potential sources. 2. Make information on forthcoming opportunities available to DBEs and arrange time flames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitation for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. 3. Consider in the contracting process whether firms competing for large contracts could be subcontracted with DBEs. This will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. 3 4. Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. 5. Use the services and assistance of the Small Business Administration and the Minority Business Development Agency of the U. S. Department of Commerce. b. If the prime contractor awards subcontracts, require the prime contractor to take the steps in numbers I through 5 above. Required Contract Conditions These conditions must be included in all procurement contracts entered into by the loan recipient for all Indiana Brownfields Program projects: 1. The prime contractor must pay its subcontractor for satisfactory performance no more than 30 days from the prime contractor's receipt of payment from the loan recipient. 2. The prime contractor must notify the loan recipient in writing prior to the termination of any DBE subcontractor for convenience by the prime contractor. 3. If a DBE subcontractor fails to complete work under the subcontract for any reason, the prime contractor must employ the six good faith efforts if soliciting a replacement subcontractor. 4. The prime contractor must employ the six good faith efforts even if the prime contractor has achieved its fair share objectives. 5. Each procurement contract signed must include the following term and condition: "The contractor shall not discriminate on the basis of race, color, national origin or sea in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies." 4 EPA FORM 5700-52A AND REPORTING SCHEDULE FOR SRF (AND RLF) c�wsa++waev+rwraaa 1o+aolwni.«wy�wvnocswoa�sr� ra�eovooc WeawConsultantsGroup, LLC 00824 -Page 3 of 13 OMB CONTROL NO. 20904)030 APPROVED: 05101=00 APPROVAL EXPIRES: 122M3 U.S. ENVIRONMENTAL PROTECTION AGENCY MBENVBE UTILIZATION UNDER FEDERAL GRANTS AND COOPERATIVE AGREEMENTS PART 1. (Renorls are renuired even if no procurements are made during the repordna period.) IA. FEDERAL FISCAL YEAR 1 REPORTING PERIOD (Check ALL appropriate bones) I'm (Oct -Dec) 20° (Jan -Mar) 30 (Apr -tun) (Jul -Sep) (Oct 1-Sep 30) Senti-Annual (Oct -Mar) Semi -Annual (Apr -Sep) 20 ual Check if this is the last report for the project (Project:completed). IC- REVISION OF A PRIOR REPORT? Y BRIEFLY DESCRIBE THE REVISIONS YOU ARE MAKING: or N Year. Quarter 2A. EPA FINANCIAL ASSISTANCE OFFICE ADDRESS (ATTN: DBE 3A. RECIPIENT NAME AND ADDRESS Coordinator) 2S. EPA DBE COORDINATOR 2C. PHONE 3B. RECIPIENT REPORTING CONTACT: 3C. PHONE: Name: Name: E-mall: Fax: E-mail: Fax: 4A. FINANCIAL ASSISTANCE AGREEMENT ID NUMBER 4B. FEDERAL FINANCIAL. ASSISTANCE PROGRAM TITLE or CFDA (SRF Stale ftdpbnt4 refer io IrmA ctiona for Co @Wm of bbdca NUMBER: 4A, 5A and 5C.) 5A. TOTAL ASSISTANCE AGREEMENT AMOUNT 58. If NO procurement and NO a000mplishments, were made this reporting period (by the (SRF State Recipients. m er to Insbude s for Completion of blocks recipients, sub-rocipkw ts, ban recipients, and prime contractors), CHECK and SKIP to Block 4A, 5A and 5C.) No. 7. (Proctirernents weal expenditures through corib" order, purchase, Lase or barter of equipment, ce wppliecomplate Federal or services neededurements EPA Share: $ pwgrars, Pam• shm�this contetd, are proc, � war MBEs anndW WBEs. ❑ Recipient Share: a 5C. Total Procurements This Reporting Period (Orgy Include amount not reported in any prior reporting period) Total Proalrerrlent Amount S (Include total dolor values awarded by recipient, sub -recipients and SRF ban recipients. Including USEIMM13E expenditures.) 5D. Were sub -awards issued under this assistance agreement? Yeso Non Were contracts issued under this assistance agreement ? Yesfj Noo 5E, MBENVBE Accomplishments This Reporting Period Actual MBENMBE Procurement Accomplished: (Include total dollar values awarded by recipient, sub4sc ipients, SRF loan redpienfs and Prime Contractors.) CanshuciJim la dgMiltt $sue Suenlles Isw- 0.00 $11118E: $WM 0.00 s. CommENTS: (If no MSENVBE procurements were aocomplshed during the reporting period. pbase 00sin what steps you are tatting to achieve the MBEIWBE Program requirements specified in the terns and condWons of the Assistance Agreement.) 7. NAME OF RECIPIENTS AUTHORIZED TITLE REPRESENTATIVE 8. SIGNATURE OF RECIPIENTS AUTHORIZED DATE REPRESENTATIVE �LIL7M C•1� rJ[ CI'AFCJrVN.IlV1F.1LAilYZa�W{Aa s�eu�w�w:ew�a�„ ,w VV a A W 0 7 N W as �3 011 m c� D � �c c� 0 0, 0 9) z �3 0 o< 0� z c a S. to m Instructions: A. General Instructions: MBENVBE utilization is based on 40 CFR Part 33. EPA Form 5700-52A must be completed by recipients of Federal grants, cooperative agreements, or other Federal financial assistance which involve procurement of supplies, equipment, construction or services to accomplish Federal assistance programs. Recipients are required to report 30 days after the end of each federal fiscal quarter, semiannually, or annually, per the terms and conditions of the financial assistance agreement. Quarterly Reporting Due Date Semiannual Reporting Due Date Annual Reporting Due Date Agreements January 30, awarded April 30, N/A October prior to May July 30, 30 27, 2008 October 30 Agreements awarded on NIA Apd130, October or after May October 30 30 27, 2008 MBENVBE program requirements, including reporting, are material terms and conditions of the financial assistance agreement. B. Defirildons: Procurement is the acquisition through contract, order, purchase, lease or barter of supplies, equipment, construction or services needed to accomplish Federal assistance programs. A contact is a written agreement between an EPA recipient and another party (also considered "prime contracts") and any lower tier agreement (also considered "subcontracts') for equipment, services, supplies, or construction necessary to complete the project. This definition excludes written agreements with another public agency. This definition includes personal and professional services, agreements with consultants, and purchase orders. A mJnorfty business entennfte (MBE) is a business concern that is (1) at least 51 peroent owned by one or more minority individuals, or, in the case of a publicly owned business, at least 51 percent of the stock is owned by one or more minority individuals; and (2) whose daily business operations are managed and directed by one or more of the minority owners. In order to qualify and participate as an MBE prime or subcontractor for EPA recipients under EPA's DBE Program, an entity must be properly certified as required by 40 CFR Part 33, Subpart B. U.S. citizenship is required. Recipients shall presume that minority individuals include Black Americans, Hispanic Americans, Native Americans, Asian Pacific Americans, or other groups whose members are found to be disadvantaged by the Small Business Act or by the Secretary of Commerce under section 5 of Executive order 11625. The reporting contact at EPA can provide additional information. A woman business entanwise MOE) is a business concern that is, (1) at least 51 percent owned by one or more women, or, in the case of a publicly owned business, at least 51 percent of the stock is owned by one or more women and (2) whose daily business operations are managed and directed by one or more of the women owners. In order to qualify and participate as a WBE prime or subcontractor for EPA recipients under EPA's DBE Program, an entity must be properly certified as required by 40 CFR Part 33, Subpart B. Business firms which are 51 percent owned by minorities or women, but are in fact managed and operated by non - minority individuals do not qualify for meeting MBE/BE procurement goals. U.S. Citizenship is required. A recipient is required to make the following good faith efforts whenever procuring construction, equipment, services, and supplies under an EPA financial assistance agreement. These good faith efforts for utilizing MBEs and WBEs must be documented. Such documentation is subject to EPA review upon request: 1. Include of MBEs/WBEs on solicitation lists. 2. Assure that MBEsIWBEs are solicited once they are identified. 3. Divide total requirements into smaller tasks to permit maximum MBENVBE participation, where feasible. 4. Establish delivery schedules which will encourage MBENVBE participation, where feasible. 5. Encourage use of the services of the U.S. Department of Commerce's Minority Business Development Agency (MBDA) and the U.S. Small Business Administration to identify MBEWWBE9. 6. Require that each party to a subgrant, subegreement, or contract award take the good faith efforts outlined here. C. Instructions for Part I: la. Specify Federal fiscal year this report covers. The Federal fiscal year nuns from October 1 st through September 30th (e.g. November 29, 2010 falls within Federal fiscal year 2011) 1b. Check applicable reporting box, quarterly, semiannually, or annually. Also indicate if this is the last report for the project 1c. indicate if this is a revision to a previous year, half -year, or quarter, and provide a brief description of the revision you are making. 2a-c. Please refer to your financial assistance agreement for the mailing address of the EPA financial assistance office for your agreement. The "EPA DBE Reporting Contact" is the DBE Coordinator for the EPA Region from which your financial assistance agreement was originated. For a list of DBE Coordinators please refer to the EPA OSBP website atwww.epa.gov/osbp. Click on `Regional Contacts" for the name of your coordinator. 3a-c. Identify the agency, state authority, university or other organization which is the recipient of the Federal financial assistance and the person to contact concerning this report 4a. Provide the Assistance Agreement number assigned by EPA. A separate report must be submitted for each Assistance Agreement. *For SRF recipients: in box 4a list numbers for ALL OPEN Assistance Agreements being reported on this form. Please note that although the New DBE Rule (which took effect May 27, 2008) revised the reporting frequency requirements from quarterly to semiannually, that change only applies to agreements awarded AFTER the New DBE Rule took effect. Therefore, SRF recipients may either continue to report activity for all Agreements on one form on a quarterly basis until the last award that was made prior to the New DBE Rule has been closed out; OR, the recipient may split the submission of SRF reports into quarterly reports for Agreements awarded prior the New DBE Rule, and semiannually for the awards made after the New DBE Rule. 4b. Refer back to Assistance Agreement document for this information. 5a. Provide the total amount of the Assistance Agreement which includes Federal funds plus recipient matching funds and funds from other sources. *For SRF recipients only: SRF recipients will not enter an amount in Sa. Please leave 5a blank. 5b. Self-explanatory. Sc. Provide the total dollar amount of ALL procurements awarded this reporting prod by the recipient, sub -recipients, and SRF loan recipients, including MBEMBE expenditures. For example: Actual dollars for procurement from the procuring office; actual contracts let from the contracts office; actual goods, services, supplies, eta, from other sources including the central purchasing/ procurement centers). *NOTE: To prevent double counting on line 5C, if any amount on 5E is for a subcontract and the prime contract has already been included on Line 5C in a prior reporting period, then report the amount going to MBE or WBE subcontractor on line 5E, but exclude the amount from Line 5C. To include the amount on 5C again would result in double counting because the prime contract, which Includes the subcontract, would have already been reported. 5d. State whether or not sub -awards and/or subcontracts have been issued under the assistance agreement by indicating "yes' or "no". 5e. Where requested, also provide the total dollar amount of all MBE/WBE procurement awarded during this reporting period by the recipient, sub - recipients, SRF loan recipients, and prime contractors in the categories of construction, equipment, services and supplies. These amounts include Federal funds plus recipient matching funds and funds from other sources. *For SRF recipients only: In Sc please enter the total procurement amount for the quarter, or semiannual period, under all of your SRF Assistance Agreements. The figure reported in this section is not directly tied to an individual Assistance Agreement identification number. (SRF state mcipients report state procurements in this section) 6. If there were no MBEMBE accomplishments this reporting period, please briefly explain what 29 CFR 5.5 - Contract provisions and related matters. • Section Number: 5.5 • Section Name: Contract provisions and related matters. (a) The Agency head shall cause or require the contracting officer to insert in full in any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in Sec. 5.1, the following clauses (or any modifications thereof to meet the particular needs of the agency, Provided, That such modifications are first approved by the Department of Labor): (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the constriction or development 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 (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(bx2) 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 paragraph (a)(1)(W) of this section; also, 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 Sec. 5.5(ax4). 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 rates conformed under paragraph (a)(I)(ii) of this section) and the Davis -Bacon poster (WH-I321) 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. (iixA) The contracting officer shall require that any class of laborers or mechanics, including helper;, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (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 construction 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 classification (if known), or their representatives, and the contracting officer 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 the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, 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. (iii) 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) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part 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. (2) Withholding. The (write in name of Federal Agency or the loan or grant recipient) shall 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 fedesallyassisted 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 laborers 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 (or under 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 shall be maintained by the contractor 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 States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). 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 (bx2XB) 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(ax 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 1(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. (iixA) The contractor shall submit weekly for each week in which any contract work is performed 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 payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(ax3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. 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 subrmtted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/whdtforms/wh347ine-tr.htm 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 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 them to the applicant, sponsor, or owner, as the case may be, for transmission to the (write in name of agency), 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 section 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 the sponsoring government agency (or the applicant, sponsor, or owner). (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 catify the following: (1) That the payroll for the payroll period contains the information required to be provided under Sec. 5.5 (a.X3xii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under Sec. 5.5 (a)(3xi) of Regulations, 29 CFR part 5, and that such information is correct and complete; (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 sett forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rites 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 properly 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 paragraph (a)(3xii)(B) of this section. (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 paragraph (ax3)Cl) of this section available for inspection, copying, or transcription by authorized representatives of the (write the name of the agency) 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, the Federal 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. 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 hinge 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 shall 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, the 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 individually 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 shall be paid fringe benefits in accordance with the provisions of the trainee program. If 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 listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rateon the wage determination for the classification of 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 this part 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 shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(ax1) through (10) and such other clauses as the (write in the name of the Federal agency) may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (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 general 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 the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor 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). (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). (iii) The penalty for malting false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. (b) Contract Work Hours and Safety Standards Act. The Agency Head shall cause or require the contracting officer to insert the following clauses set forth in paragraphs (bXI), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by Sec. 5.5(a) or 4.6 of part 4 of this title. 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 conract 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 he or she is employed on such work to work 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 the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (bx1) of this section the contractor and any subcontractor responsible 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 violation of the clause set forth in paragraph (b)(1) of this section, in the sum of S 10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall 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 contractor, 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 paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section 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 paragraphs (b)(l) through (4) of this section. (c) In addition to the clauses contained in paragraph (b), in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in Sec. 5.1, the Agency Head shall cause or require the contracting officer to insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Agency Head shall cause or require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency) and the Department of Labor, and the contractor or subcontractor will pernit such representatives to interview employees during working hours on the job. (The information collection, recordkeelm& and reporting requirements contained in the following paragraphs of this section were approved by the Office of Management and Budget: Paragraph OMB Control Number (a)(1 xuxB)............................................. 1215-0140 (ax ] xiixC)............................................. 1215-0140 (ax l)(iv)................................................ 1215-0140 (a)(3)(i)................................................. 1215-0140, 1215-0017 (a)(3)(ii)(A)............................................. 1215-0149 (c)....................................................... 1215-0140, 1215-0017 (48 FR 19540, Apr. 29, 1983, as amended at 51 PR 12265, Apr. 9,1986; 55 FR 50150, Dec. 4, 1990; 57 FR 28776, lune 26, 1992; 58 FR 58955, Nov. 5, 1993; 61 FR 40716, Aug. 5,1996; 65 FR 69674, Nov. 20, 2000; 73 FR 77511-77512, Dec.19, 2008) PUBLIC WORKS AND INDIANA FINANCE AUTHORITY - GOOD FAITH WORKSHEET rtwsaew�err+vroun►.na�tast�t�avv+�a►+wwwwcocs�awo.sur�rewmc Weaver Consultants Group, LLC 00824 -Page 4 of 13 Public Works and Indiana rmnee Antito * GOOD FAITH EFFORTS wORKSHLET BIDDER BMA Ro7ECr NUMBER CONTRACT GOALS 70/a MBE s"/0 WBE last the M[MBEs contacted and eomppletie the following information for each. Copies of all communications to cad firm each vandm should be maintained. * Company Name and Address Type of Contact Date of Contact Date Rapoese Due Goods or Services Result de Price ❑D El DD ❑❑ ba hmft Good Faith Efforts made tv utdize MWBBs. Check nod explain all that apply or should be considered. Please Provide evidence of the efforts that you want to be considered. A complete of each «iteria may be found in the hWh= Department of Administration Public Works and State Office Building Commission bfwBE Participation Polley. MBE and WBE Barrier Assistance De.soribe Advertisement Deacnbe Agency Assistance Desmbe Other Criteria Deembe * Copies of all communication to and from each vendor should also be attached to this Worksheet and submitted to SRF for review. BIDDERS LIST tiweave►a +vreeau►u aoa ilo+oolata,►�tNwiraastoaaaosr�re�o�wvooc Weaver Consu tantsGroup, LLC 00824 -Page 5 of 13 IINIIfllllllll� C z L:. m N to O s CERTIFICATION OF NON -SEGREGATED FACILITIES (FORM OEE-1) �clwemre►aavr�w u►ran l w o►.+Mnr�urcocstaouwsur�.aovooc Weaver consukan s Group, uc 00824 -Page 6 of 13 U.S. ENVIRONMENTAL PROTECTION AGENCY CERTIFICATION OF NONSEGREGATED FACILITIES (Applicable to federally assisted construction contracts and related subcontracts exceeding $10,000 which are not exempt from the Equal Opportunity clause.) The federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establiskunents, and that he does not pemoit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor certifies further that he will not maintain or provide for his employees any meted facilities at any of his establishments, and that he will not pea dt his employees to perfoan their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the team segregated facilities means any waiting rooms, work areas, rest rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or nation origin, because of habit, local custom, or otherwise. The federally assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certification in his files. II Name and Title of Signer (Please type) Firm Nance NOTE: The penalty for making false statements in offers is procribed in 18 U.S.C.1001. OEE-Kling) NOTICE TO LABOR UNIONS AND OTHER ORGANIZATIONS OF WORKERS (FORM OEE-2) x:�wsorAarfxr vn►a w+aol�ar+wwtou►uoaw •sr�r ur�ovooc Weaver Consu tents Group, LLC 00824 -Page 7 of 13 NOTICE TO LABOR UNIONS OR OTHER ORGANIZATIONS OF WORKERS NONDISCRIMINATION IN EMPLOYMENT TO: (Name of union or organization of workers) The undersigned currently holds contract(s) with (Name of Applicant) involving funds or credit of the U.S. Government or (a) subcontract(s) with a prime contractor holding such contract(s). You are advised that under the provisions of the above contract(s) or subcontracts) and in accordance with Executive Order 11246, as amended, dead Septerd)er 24,1965, as amended, the undersigned is obliged not to discriminate against any employee or applicant for employment because of race, color, creed, or national origin. This obligation not to discriminate in employment includes, but is not limited to, the following: HIRING, PLACEMENT, UPGRADING, TRANSFER, OR DEMOTION, RECRUITMENT, ADVERTISING, OR SOLICITATION FOR EMPLOYMENT, TRAINING DURING EMMDYMBNT, RATES OF PAY OR OTTER FORMS OF COMPENSATION, SELECTION FOR TRAINING INCLUDING APPRENTICESHIP, LAYOFF OR TERMINATION. This notice is furnished you pursuant to the provisions of the above contract(s) or subcontracts) and Executive Order 11246, as amended. Copies of this notice will be posed by the undersigned in conspicuous places available to employees or applicants for employment. (Contractor or Subcontractor) (Date) OEE-2 (I 79) DAVIS-BACON AND RELATED ACTS �wes�►+1arFxrw►u tiwoctw�auw,rlcvaoors�oawsr�rosooc weaver Consultants Group, LLC 00924 - Page 8 of 13 INDIANA BROWNFIELDS PROGRAM Required Contract Provisions Related to Davis -Bacon Act and Related Acts Provisions substantially like the following shall be included in each procurement contract for the actual construction, adendon and/or repair, including painting and decorating. (1) Minimum wages. (A) 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 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 paragraph (1)(D) of this section; also, 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 Section (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 rates conformed under paragraph (1)(B) of this section) 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. (BXi) The Authority, on behalf of EPA, will require that any class of laborer or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract, shall be classified in conformance with the wage determination. The EPA award official shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (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 construction 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. (ii) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Authority 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 the Authority to the State award official. The State award official will transmit the report, to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the State award official or will notify the State award official within the 30-day period that additional time is necessary. (iii) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the Authority do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriated the award official shall refer the questions, including the views of all interested parties and the recommendation of the State award official, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. The award official will direct that the Authority take appropriate action to implement the Administrator's determination. (iv) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (IXBxii) or (iii) of this section, 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. (C) 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. (D) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part 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. (2) Withholding. The Authority, will upon written request of the EPA Award Official or 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 laborers 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, the Authority may, after written notice to the contractor, sponsor, applicant, or owner, Z 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. (A) Payrolls and basic records relating thereto shall be maintained by the contractor 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. Such records shall contain the name, address, and social security number of each such worker, his or her connect 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 l (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(ax 1 xiv) 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 I (bx2)(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. (BXi) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the Authority. Such documentation shall be available on request of the Authority or EPA. As to each payroll copy received, the Authority will provide written confirmation in a form satisfactory to the State indicating whether or not the project is in compliance with the requirements of 29 CFR 5.5(a)(1) based on the most recent payroll copies for the specified week. The payrolls shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(ax3xi), except that full social security numbers and home addresses shall not be included on the weekly payrolls. 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 farm desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at bo://www.dol.aov/cWwhd/forms/wh347instr.htm 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 the Authority for transmission to the State or EPA if requested by EPA, the State, 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 section 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 the Authority. (ii) 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 § 5.5(ax3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being.maintained under § 5.5 (aX3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complcte; (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 fi-om the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; and (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. (iii) The weekly submission of a properly 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 paragraph (3XBxii) of this section. (iv) 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. (C) The contractor or subcontractor shall make the records required under paragraph (3)(A) of this section available for inspection, copying, or transcription by authorized representatives of the State, EPA 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, the Federal agency or State 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. (A) 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 4 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 is 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 shall 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, the 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. (B) 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 individually 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 shall be paid fringe benefits in accordance with the provisions of the trainee program. If 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 listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of 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 ofa 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. (C) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part 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 shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(ax 1) through (10) and such other clauses as the governing federal 5 agency may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontrador or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contra 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 general 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 Subrecipient(s), State, EPA, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (A) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or f nn 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(axl). (B) 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(aXI ). (C) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. (11) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen and guards shall require or permit any such laborer, mechanic, watchman or guard in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer, mechanic, watchman or guard receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (12) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in the above paragraph (11) of this section the contractor and any subcontractor responsible therefore 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, mechanic, watchman or guard employed in violation of the clause set forth in the above paragraph (11) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to wont in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in the above paragraph (11) of this section. 6 (13) Withholding for unpaid wages and liquidated damages. The Authority, upon written request of the EPA Award Official or an authorized representative of the Department of Labor, will 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 contractor, 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 the above paragraph (12) of this section. (14) Subcontracts. (A) The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (11) through (14) of this section 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 paragraphs (11) through (14) of this section. (B) In addition to the clauses contained in paragraph (13), above, in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the Authority will insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers, mechanics, watchmen and guards working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Authority will insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Authority and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. 7 REQUIRED WAGE/FRINGE BENEFIT CERTIFICATION R.i%g&w► twffwRwmw"ovemAm++lC woocrow4srAnAwwvwc WeaverConsultanis Group, LLC 00824 -Page 9 of 13 INDIANA BROWNFIELDS PROGRAM Required Wage/Fringe Benefit Certification A provision substantially like tke following shall he included in eaclr contract for xwrk related to the PrOJWL Davis -Bacon Wage/Fringe Benefit Certification (l) Every contractor and subcontractor furnishing work on the project shall complete a Wage/Fringe Benefit Certification on the form approved by the Authority and submit this certification to the Labor Standards Administrator prior to commencing work on the Project. (2) The contractor shall require the substance of this provision to be included in all contracts with subcontractors. S a m m cr g� 3 n� 0 �s T S o � e 3 g g a 4 0 a� b: Z n m A n c� 0 0 0 It a m Q 3 0 a CONTRACT PROVISION RELATED TO SUSPENSION AND DEBARMENT xiwmwAamm w«onVMar xKw�aDOC4 MarAW-M."Wooc weaver Consultants Group, LLC 00824 - Page 10 of 13 INDIANA BROWNFIELDS PROGRAM Required Contract Provision Related to Suspension and Debarment A provision substantially like the following shall be included in each procurement contract related to the project. (1) The contractor shall fully comply with Subpart C of 2 CFR Part 180 and 2 CFR Part 1532, entitled "Responsibilities of Participants Regarding Transactions (Doing Business with Other Persons)." The contractor is responsible for ensuring that any lower tier covered transaction as described in Subpart B of 2 CFR Part 180 and 2 CFR Part 1532, entitled "Covered Transactions," includes a term or condition requiring compliance with Subpart C. The contractor is responsible for further requiring the inclusion of a similar term or condition in any subsequent lower tier covered transactions. The contractor may access the Excluded Parties List System at www.epls.gov. This teen and condition supersedes EPA Form 570049, "Certification Regarding Debarment, Suspension, and Other Responsibility matters." FRONT END DOCUMENTATION ADDENDUM FOR RLF LOANS m*wma►Hrr+UnuaooaWWSrAW_MAWOW Weaver ConsulMm Group, LLC 00824 - Page 11 cf 13 1. Attachment A: U.S. Department of Labor, Wage, and Hour Division, Payroll Form (Form WH-347) Mw&wAa vrwrmOT$nYt Son,v"M U**nOw mvAcw DOGS WMsTA7xR rvax Wen er Cormukants Group, LLC W824 -Page 12 of 13 i g i, all m� NO. Or W{TI*WLDM N BEMPTIM O O a O ® O • O a O s O a O w O or. OR ST. 0 u W a O m x+{(Am T 2 O_ mm 1 OORE _z O �m i m g; �e m m� �O E3 �O �z 0 m �o 9 op- 3 END OF SECTION XiWg&WWU MrVf"TVMMWVnVVqVM W#OMP "VACwvMMOOMSrAMMW VMC Weaver Consukants Group, LLC 00824 -Page 13 of 13 DIVISION 1 GENERAL REQUIREMENTS SECTION 01027 APPLICATIONS FOR PAYMENT PART1 GENERAL 1.1 SECTION INCLUDES A. Procedures for preparation and submittal of Applications for Payment. 1.2 RELATED SECTIONS A. Document —General Conditions B. Section 01300 — Submittals C. Section 01700 — Contract Closeout 1.3 SCHEDULE OF VALUES A. The Schedule of Values established as provided in the Standard General Conditions of the Construction Contract will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to the Engineer and Owner. B. No payment will be made for Work performed on a lump sum item until the appropriate Schedule of Values is approved by the Engineer. C. The equitable value of Work deleted from a lump sum item shall be determined from the approved Schedule of values. 1.4 FORMAT A. EJCDC 1910-8-E — Application for Payment including continuation sheets when required, or similar format in Microsoft Excel that can be provided by the Engineer at the Contractor's request.. B. The Contractor may submit to the Engineer for approval an alternate request for payment format. All such submittals must be prior to the Contractor's first payment request. C. For each item, provide a column for listing: Item Number, Description of Work; Scheduled Value, Previous Applications: Work in Place and Stored Materials under this Application: Authorized Change Orders; Total Completed and Stored to Date of Application; Percentage of Completion; Balance to Finish; and Retainage. 1.5 PREPARATION OF APPLICATIONS A. Present required information on electronic media printout. �clwx,►AarFar ouaunwq Is9 sst lvpanuMc�n'aocsl�GVMYAMooc Weaver Consultants Group,LLC 01027 -Page 1 of 3 B. Execute certification by signature of authorized officer. C. Use data from approved Schedule of Values. Provide dollar value in each column for each line item for portion of work performed and for stored products. D. List each authorized Change Order as an extension on continuation sheet, listing Change Order number and dollar amount as for an original item of Work. E. Prepare Application for Final Payment as specified in Section 01700 — Contract Closeout. 1.6 SUBMITTAL PROCEDURES A. Submit one (1) original and two (2) copies of each Application for Payment. The individual documents shall be so marked so as to distinguish the original and the copy. B. Submit an updated construction schedule specified in Sections 01300 — Submittals with each Application for Payment. C. Submit Record Drawings showing limits, elevations and grades for work completed as of date of payment request with each Application for Payment. D. Submit construction photographs specified in Section 01300 — Submittals with each Application for Payment. E. Payment Period — Submit at intervals stipulated in the Agreement. F. Submit under transmittal letter specified in Section 01300 — Submittals. G. Progress payments will not be processed until project Record Documents are up-to-date and complete. H. Application for Payment will not be processed unless it is complete and contains all of the above specified items for the work covered by the payment request. 1.7 SUBSTANTIATING DATA A. When Engineer requires substantiating information, submit data justifying dollar amounts in question. B. Provide one (1) copy of data with cover letter for each copy of submittal. Show Application number and date, and line item by number and description. PART 2 PRODUCTS Not Used. L,%~amra naMova- sntmi0o l F"MA~0=190 7PAYAPKZOC Weaver Consulta Group, LLC 01027 -Page 2 of 3 PART 3 EXECUTION Not Used. END OF SECTION ciweawl +M»iru�> tssw+oc�vna+NtMcur000cslancprv�r�rvsnoc WwwrCOmkonttGroup,LLC 01027 - Page 3 of 3