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Home My Public Portal About010-2016 - Metro- Construction for Elstro Plaza-Muhlenkamp Corpr AGREEMENT THIS AGREEMENT made and entered into this �e day ofA�, 2016, and referred to as Contract No. 10-2016 by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Public Works and Safety (hereinafter referred to as the "City") and Muhlenkamp Building Corporation, 200 East Vine Street, Coldwater, Ohio, 45828 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to perform services in connection with the construction of Elstro Plaza (also known as the 7t}' Street Park) located in Richmond, Indiana, (the "Project") for the City of Richmond, Indiana, per the Request for Proposals described below. Construction activities conducted by Contractor shall comply with all applicable federal and state OCRA and/or HUD requirements and guidelines as explained in part below. A certain Request for Proposals dated November 4, 2015, has been made available for inspection by Contractor, is on file in the office of the Director of the Department of Metropolitan Development for the City, and is hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. Portions of the response of Contractor to said Request for Proposals is attached hereto as Exhibit A, which Exhibit is dated December 3, 2015, consists of six (6) pages, and is also hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. The Davis -Bacon wage scale (General Decision: IN 150006 11/13/2015 IN6) is attached hereto as Exhibit B, consists of thirty-eight (38) pages, and is also hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. The Indiana Office of Community and Rural Affairs ("OCRA") requires additional provisions which provisions are as follows: a. Federal Construction Contract Provisions — Community Development Block Grant Program, that consists of fourteen (14) pages, which provisions are attached as "Exhibit C" and incorporated by reference. Contractor agrees to abide by the same. b. Bid Bond of Contractor that consists of two (2) pages, which Bid Bond is attached as Exhibit D" and incorporated by reference. Payment and Performance Bonds are not attached to this Agreement, but are incorporated by reference. Contractor agrees that the Payment Bond is binding upon the Contractor, subcontractors, and their successors or assigns, for the payment of all indebtedness to a person for labor and service performed, material furnished, or services rendered. Contractor agrees that the Performance Bond ensures that the Contactor will fulfill all of the obligations under the Agreement within one (1) year of substantial completion. Contractor agrees that the bonding company issuing said bonds must hold a "Certificate of Authority" as acceptable sureties. Contract No. 10-2016 Page 1 of 7 C. Federal Labor Standards Provisions — U.S. Department of Housing and Urban Development, that consists of five (5) pages, which provisions are attached as Exhibit E" and incorporated by reference. Contractor agrees to abide by the same. Contractor agrees that Contractor shall require the provisions, terms, and conditions contained in Exhibit B, Exhibit C, Exhibit D, and Exhibit E to be adhered to and made a part of any subcontracts that Contractor enters into with respect to the services Contractor provides pursuant to this Agreement. All Exhibits are incorporated herein by reference and made a part of this Agreement. Should any provisions, terms, or conditions contained in Exhibit A conflict with any of the provisions, terms, or conditions of this Agreement, this Agreement shall be controlling. Should any provisions, terms, or conditions contained in the required OCRA and/or HUD provisions (Exhibit B, Exhibit C, or Exhibit E) conflict with this Agreement, the OCRA and/or HUD required provisions shall be controlling over this Agreement. The Contractor shall furnish all labor, material, equipment, and services necessary which are incidental to the proper completion of all work specified. No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance and/or warranties; 2. The City is in receipt of any required affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7-11(a)(2);and 3. A purchase order has been issued by the Purchasing Department. SECTION II. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. The Contractor shall provide, at its own expense, competent supervision of the work. SECTION III. COMPENSATION City shall pay Contractor an amount not to exceed the total amount of Two Million Ninety-five Thousand Six Hundred Seventy Dollars and Zero Cents ($2,095,670.00) for complete and satisfactory performance of the work required hereunder. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until completion of the Project. (2vxp1t*4*A.. to be- o2qg d'al4W&rdayS �ilow S' e"'Vr P.Xtc�ttcQC'c► ntd� 4rv4 X6&,k_o PvctftP, unless &V"e% aXV n1•►ate ri4 ��acf7C�an�e a l: Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, /W& for cause, at any time by giving at least five (5) working days written notice specifying the effective date and the reasons for termination which shall include but not be limited to the following: Page 2 of 7 a. failure, for any reason of the Contractor to fulfill in a timely and proper manner its obligations under this Agreement; b. submission by the Contractor to the City of reports that are incorrect or incomplete in any material respect; c. ineffective or improper use of funds provided under this Agreement; d. suspension or termination of the grant funding to the City under which this Agreement is made; or e. unavailability of sufficient funds to make payment on this Agreement. In the event of such termination, the City shall be required to make payment for all work performed prior to the effective date by Contractor, but shall be relieved of any other responsibility herein. This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties by setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. SECTION V. WITHHOLDING RETAINAGE AND CLAIMS FOR PAYMENTS Contractor understands, acknowledges and agrees that pursuant to Indiana Code 36-1-12-13 the City must provide for the payment of subcontractors, laborers, material suppliers, and those performing services under a public works contractor and further agrees that in the event Contractor fails to timely pay any subcontractor, laborer, or material supplier for the performance of services or delivery of materials under this Agreement that the Board of Public Works and Safety for the City shall withhold payments in an amount sufficient to pay the subcontractors, laborers, material suppliers, or those providing services. Contractor further understands, acknowledges, and agrees that the Board shall proceed with the proper administrative procedures initiated as the result of any claims timely filed by any subcontractor, laborer, or material supplier under Indiana Code 36-1-12-12. The amount of retainage withheld may not exceed five percent (5%) of the dollar value of all work satisfactorily completed until one hundred percent (100%) of the project is complete. SECTION VIII. COMPLIANCE WITH COMMON CONSTRUCTION WAGE LAW Contractor shall comply with all provisions of Indiana Code 5-16-7 Common Construction Wage law, and shall, during all of Contractor's work under this Agreement, provide the City with complete and accurate certified payroll documents. Contractor shall use the forms provided by the Department of Public Work and Engineering, unless Contractor has comparable software to generate the certified payroll documents and such software is approved by the City. Such documents shall be submitted within forty-eight (48) hours of each pay period for work completed under this Agreement. Should Contractor fail to timely supply the City with said documents, or if the City has questions concerning the documents submitted, City reserves the right to do any of the following: a. Stop payments to Contractor under this Agreement; b. Interview employees to verify wage payments; Page 3 of 7 C. Request from Contractor copies of cancelled payroll checks; d. Report Contractor to the Indiana Department of Labor; e. Report Contractor to the Internal Revenue Service; f. Consider Contractor to be "non -responsive"; g. Consider Contractor to be in breach of this Agreement; and/or h. Refuse to hire Contractor for future Contracts with the City. Withheld payments will not be reinstated until proper certified payroll documents are submitted to the City. SECTION V. INDEMNIFICATION AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the Contractor's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of or result from the Contractor's operations under this Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. Coverage A. Worker's Compensation & Disability Requirements B. Employer's Liability C. Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage D. Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage Limits Statutory $100,000 $1,000,000 each occurrence $2,000,000 aggregate $1,000,000 each occurrence $1,000,000 each person $1,000,000 each occurrence $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $2,000,000 each aggregate SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall, before commencing work under this Agreement, provide the City a certificate of insurance, or a Page 4 of 7 certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore subject to another state's worker's compensation law, Contractor may choose to comply with all provisions of its home state's worker's compensation law and provide the City proof of such compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law. SECTION VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. SECTION IX. IRAN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran. In the event City determines during the course of this Agreement that this certification is no longer valid, City shall notify Contractor in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the event the City determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. SECTION X. PROHIBITION AGAINST DISCRIMINATION A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting on behalf of Contractor or any sub -contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees: Page 5 of 7 1. That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person acting on behalf of Contractor or any sub -contractor, shall not discriminate by reason of race, religion, color, sex, national origin or ancestry against any citizen of the State of Indiana who is qualified and available to perform the work to which the employment relates; 2. That Contractor, any sub -contractor, or any person acting on behalf of Contractor or any sub -contractor shall in no manner discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, religion, color, sex, national origin or ancestry; 3. That there may be deducted from the amount payable to Contractor by the City under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; and 4. That this Agreement may be canceled or terminated by the City and all monies due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement. C. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. SECTION XI. RELEASE OF LIABILITY Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents of the same from all liability for negligence which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION XII. MISCELLANEOUS This Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. It shall be controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It constitutes the entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and suit arising under this Contract, if any, must be filed in said courts. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in said Courts. Page 6 of 7 Any person executing this Contract in a representative capacity hereby warrants that he has been duly authorized by his or her principal to execute this Contract. In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be liable for all costs incurred by City due to the enforcement of this Agreement, including but not limited to City's reasonable attorney's fees, whether or not suit is filed. In the event that an ambiguity or question of intent or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Public Works and Safety By: Ilk. &&� Vicki Robinson, President By: ua ;tlx� Richard Foore, Member By: rjlk 0/00 61 Anthony L. Foster, II, Member "CONTRACTOR" MUHLENKAMP BUILDING CORPORATION 200 East Vine Street Coldwater, OH 45828 By: / Printed: (' RitXle4qLaA Title: T/ es 14exf APPROVED: Date: cZ /Z . Sri' a Date: Z' J I Page 7 of 7 Part of State Form 52414 (R212-13)1 Form 96 (Revised 2013) :r• Muhlenkamp Buildin-a Core (Contractor) Coldwater, OH (Address) FOR PUBLIC WORKS PROJECTS AN City. of R i c-hma Board of Public Works and Safety Filed Action taken EXHIBIT -f� PAGE I OF � CONTRACTOR'S BID FOR PUBLIC WORK - FORM 96 State Form 62414 (R212-13) / Form 96 (Revised 2013) +, aA Prescribed by State Board of Accounts t tb PART (To be completed for all bids. Please type or print) L?ati= Dec ember 3, 201.. 1. Governmental Unit (Owner): BQa rd of Public Works and Safety 2- County: Wayne - 3. Bidder (Firm): Muhlenkamp Building Corporation Address: 200 East Vine Street - -- City/State/ZiPcode: r•n1 dwater OH 45822 4. Telephone Number: 41g F78 2000 5. Agent of Bidder (if applicable): NA - Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the public works project of ,Tack Bistro Plaza, Board of Public Works, Richmond,IN (Governmental Unit) in accordance with plans and specifications prepared by Rundell ErnstbergeR and dated 9/ 1 / 15 Z for the sum of a $� p The undersigned further` g� to furfil.sh a bond or certified check with this b for an amount specified in the notice of the letting. If alternative bids apply, the undersigned submits a proposal for each in accordance with the notice. Any addendums attached will be specifically referenced at the applicable page. If additional units of material included in the contract are needed, the cost of units must be the same as that shown in the original contract if accepted by the governmental unit. If the bid is to be awarded on a unit basis, the itemization of the units shall be shown on a separate attachment. The contractor and his subcontractors, if any, shall not discriminate against or intimidate any employee, or applicant for employment, to be employed in the performance of this contract, with respect to any matter directly or indirectly related to employment because of race, religion, color, sex, national origin or ancestry. Breach of this covenant may be regarded as a material breach of the contract. CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS (If applicable) I, the undersigned bidder or agent as a contractor on a.public works project, understand my statutory obligation to use steel products made in the United States (I.C, 5-16-8-2). 1 hereby certify that I and all subcontractors employed by me for this project will use U.S. steel products on this project if awarded. I understand that violations hereunder may result in forfeiture of contractual payments. EXlilBlT pAGt~ 'L 0' PROPOSAL/BID FORM SUPPLEMENTS ,. �spi�+ qR This form must be submitted with the Bid along with a duplicate copy as requested in the Project Manual. - Richmond, Indiana Project: JACK ELSTRO PLAZA Project No. 14.1341 Date: December 3, 2015 Submitted by: Muhlenkamp Building Corporation (Bidder - please print the full name of your Proprietorship, Partnership, or Corporation 200 East Vine St. (full address) Coldwater, OH 45828 In accordance with Specifications - Instructions to Bidders and Document, we include the Bid Form Supplements Appendices listed below. The information provided shall be considered an integral part of the Bid Form. These Appendices are as follows: Appendix A Receipt of Addenda/Project Completion: If applicable, acknowledge receipt of all Addenda and fill in or acknowledge Completion Time/Project Schedule. Appendix B Alternatives: When used, include the Cost variation to the Bid Price applicable to the Work described in the Contract Documents. Appendix C Principal Subcontractors: When used, include the names of all Primary Subcontractors and the portions of the Work they will perform. Appendix D Supplementary General Construction Information: When used, include the names .of all manufactures (or fabricators) of materials, applications, and specialties and the portions of the Work they will perform. Appendix E Unit Prices: When used, include a listing of unit prices specifically requested by the Contract Documents. BID FORM SUPPLEMENTS 1 PAGE EX } Gd- a. All bidders shall submit with their Bid the following Appendices: APPENDIX A — Receipt of Addenda/Project Completion APPENDIX B—Alternatives APPENDIX C — Principal Subcontractors APPENDIX D — Supplementary General Construction Information Muhlenkamp Building Corporation (Bidder - pleaseprint the full n your Proprietorship, Partnership, or Corporation) Kerry Muhlenk (Authorized signing officer) Lmp, President (Title of Person Signing) ACKNOWLEDGEMENT STATE OF Ohio ss: COUNTY OF Mercer (seal) Kerry Muhlenkamp being duly sworn, deposes and says that he/she is —President of the above Muhlenkamp Building Corp and that the (Title) (Name of Organization) statements contained in the foregoing Bid Form Supplements are true and correct. Subscribed and sworn to before me this Irri day of nPc-Pmber , 2015 tary Public My Commission Expires: Qp MATEY AN County of Residence: Notary Public ^ State of Ohio if My o0mmission ex Recorded in Mercer Cour►ty BID FORM SUPPLEMENTS 2 ?XH1e,1 � PAGE ..,4_� APl�1XEC�DE QA�EOIVCP-N �' " of 1. ADDENDA The Bidder acknowledges receipt of the following Addenda: Addendum No. 1 Dated 11/9/15 Addendum No. 2 Dated 11/19/15 Addendum No. 3 Dated 11/30/15 Addendum No. 4— Dated 12/2/15 2. PROJECT COMPLETION If this Bid is accepted, we will: Commence on -site work on December 30, 2015 and Substantially Complete the Work by September 2, 2016. <� �„�sf • .. ��'.s._ ..,�:; tl .. _.., sr_av ,a r2as �. 4. ..,, ,.rol. ., ... .�.z.i 3... � cam.... .i<.7lv�g-Sit.. :...1,. The following amounts shall be added to or deducted from the Base Bid Sum. Refer to Section 01 29 00 - Payment Procedures and 01 23 00 - Alternates. Alternate No. 1 Addition of east face storefront and west face glazing panels on the restroom building. ( dd Deduct) $Zf 0©h. Alternate No. 2 Selective demolition work of the existing concrete curb, concrete pavements, and landscape elements on the south side of Service Drive, as well as the construction of new curbs, walks, -curb ramps, clay pavers, and asphalt milling and resurfacing as depicted on the plans. The base bid will still include all required demolition and improvements necessary to install the new storm sewer in the roadway as well as the new curb on the north side of the street and adjacent concrete walk and curb ramps. _ J/ (�) (Deduct) $ Alternate No. 3 �../ Replace the noted permeable pavers as highlighted on the plans with concrete sidewalk. (Add {D duc $ Z`�L.(c�..DG. Alternate No. 4 Demolish existing concrete and brick pavements and curb, as well as removal of existing trees on the east side of the site within the right-of-way and construct new barrier curb, concrete pavement, and lawn strips per plans. CPO {A (Deduct) $-� J�60- Alternate No. 5 Installation of larger size trees per Landscape Schedule/Sheet LP1 (A ) (Deduct) $ �i,�,„ 30D- BID FORM SUPPLEMENTS 3 NOW M. The following are Unit Prices for specific portions of the Work as listed, and are applicable to authorized variations from the Contract Documents. Refer to Section 01 29 OO - Payment Procedures and Section 0122 OO -UndPhms . Concrete sidewalk and compacted aggregate base. SO FT Integral concrete curb/sidewalk and compacted SO FT _.�.qqreqate base. Heavy duty concrete pavement and compacted SO FT aggregate base. Asphalt milling and resurfacing. SQYD $ ------------------------------------------ -'.............. -............... -------- Asphalt Pavement and compacted aggregate base. Suvu [��sd��me�and��d�gr�� SOFT $ ' ibosa ' Concrete barrier curb. LINEAR FOOT $ Permeable clay pavers and compacted layered SO FT aggregate base. I Clay pavers and bituminous setting bed and concrete SO FT $ sub -slab and compacted aggregate ba' Excavation - by hand. Planting Soil. CU YD Lawn Sod. SO YID $ BID FORM SUPPLEMENTS. ilP,!T PAGE 6 General Decision Number: IN150006 11/13/2015 IN6 Superseded General Decision Number: IN20140006 State: Indiana Construction Types: Heavy and Highway Counties: Adams, Allen, Bartholomew, Benton, Blackford, Boone, Brown, Carroll, Cass, Clark, Clay, Clinton, Crawford, Daviess, Dearborn, Decatur, DeKalb, Delaware, Dubois, Elkhart, Fayette, Floyd, Fountain, Franklin, Fulton, Gibson, Grant, Greene, Hamilton, Hancock, Harrison, Hendricks, Henry, Howard, Huntington, Jackson, Jasper, Jay, Jefferson, Jennings, Johnson, Knox, Kosciusko, Lagrange, Lawrence, Madison, Marion, Marshall, Martin, Miami, Monroe, Montgomery, Morgan, Newton, Noble, Ohio, Orange, Owen, Parke, Perry, Pike, Posey, Pulaski, Putnam, Randolph, Ripley, Rush, Scott, Shelby, Spencer, Starke, Steuben, Sullivan, Switzerland, Tippecanoe, Tipton, Union, Vanderburgh, Vermillion, Vigo, Wabash, Warren, Warrick, Washington, Wayne, Wells, White and Whitley Counties in Indiana. * EXCEPT LAKE, LAPORTE, PORTER AND ST. JOSEPH COUNTIES HEAVY AND HIGHWAY CONSTRUCTION PROJECTS Note: Executive Order (ED) 136S8 establishes an hourly minimum wage of $10.10 for 201S that applies to all contracts subject to the Davis -Bacon Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/gavcontracts. Modification Number 0 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 ASBE0008-004 07/01/2015 Publication Date 01J02/2015 01/23/2015 01/30/2015 02/06/2015 03/06/2015 04/10/2015 04/17/2015 05/29/2015 06/19/2015 07/10/2015 08/14/2015 08/21/2015 09/04/2015 09/11/2015 10/16/2015 11/13/2015 DEARBORN, FAYETTE, FRANKLIN, OHIO, RIPLEY SWITZERLAND AND UNION COUNTIES Rates Fringes Asbestos Workers/Insulator (Includes application of all insulating materials, protective coverings, coatings & finishings to all types of mechanical systems) ..... $ 29.40 14.77 HAZARDOUS MATERIAL HANDLER (Includes preparation, wettings, stripping, removal, scrapping, vacuuming, bagging & disposing of all insulation materials, whether they contain asbestos or not, from mechanical systems) ..............$ 24.50 12.45 ASBE0018-W 06/01/2015 BARTHOLOMEW, BENTON, BOONE, CARROLL, CLINTON, DELAWARE, FOUNTAIN, HAMILTON, HANCOCK, HENDRICKS, HOWARD, JOHNSON, MADISON, MARTON, MONROE, MONTGOMERY, MORGAN, SHELBY, TIPPECANOE, TIPTON, AND WARREN COUNTIES: Rates Fringes ASBESTOS WORKER/HEAT & FROST INSULATOR (includes application of all insulating materials, protective coverings, coatings and finishings to all types of mechanical systems) ..............$ 31.23 17.88 HAZARDOUS MATERIAL HANDLER (includes preparation, wettings, stripping, removal, scrapping, vacuuming, bagging & disposing of all insulation materials, whether they contain asbestos or not, from mechanical systems) ......... $ 19.49 10.95 ASBE0037-004 06/01/2015 DAVIESS, DUBOIS, GIBSON, KNOX, MARTIN, PIKE, POSEY, SPENCER, SULLIVAN, VANDERBURGH AND WARRICK COUNTIES ASBESTOS WORKER/HEAT & FROST INSULATOR (includes application of all insulating materials protective coverings, coatings an finishes to all types of mechanical systems. Also the Rates Fringes EXHIRT _ PAGE 1 03 �� • application of firestopping, material openings and penetrations in walls, floors, ceilings, curtain walls and all lead abatement.)...$ 29.99 16.32 HAZARDOUS MATERIAL HANDLER (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials, whether they contain asbestos or not, from mechanical systems) ......... $ 19.49 10.95 ASBE0041-002 07/01/2015 ADAMS, ALLEN, BLACKFORD, DE KALB, GRANT, HUNTINGTON, JAY, MIAMI, NOBLE, STEUBEN, WABASH, WELLS AND WHITLEY COUNTIES: Rates Fringes ASBESTOS WORKER/HEAT & FROST INSULATOR (includes application of all insulating materials, protective coverings, coatings and finishings to all types of mechanical systems) ..............$ 29.82 14.26 HAZARDOUS MATERIAL HANDLER (includes preparation, wettings, stripping, removal, scrapping, vaccuming, bagging & disposing of all insulation materials, whether they contain asbestos or not, from mechanical systems) ..............$ 19.49 10.95 ASBE0051-003 06/01/201S CLARK, FLOYD, HARRISON and JENNINGS COUNTIES Rates Fringes ASBESTOS WORKER/HEAT & FROST INSULATOR (Includes application of all insulating materials, protective coverings, coatings and finishings to all types of mechanical systems) ..............$ 25.11 13.16 HAZARDOUS MATERIAL HANDLER (includes preparation, wettings, stripping, removal, scrapping, vaccuming, bagging & disposing of all insulation materials, whether they contain asbestos or not, from mechanical systems) ..............$ 19.00 12.75 ASBE0079-002 07/01/2008 RANDOLPH AND WAYNE COUNTIES Rates Fringes ASBESTOS WORKER/HEAT & FROST INSULATOR (Includes application of all insulating materials, protective coverings, coatings & finishings to all types of mechanical systems) ..............$ 22.25 8.89 HAZARDOUS MATERIAL HANDLER (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging & disposing of all insulation materials, whether they contain asbestos or not, from mechanical systems)) .............$ 22.60 9.40 BRIN0003-001 06/01/2015 INDIANAPOLIS BOONE, HANCOCK, HENDRICKS, JOHNSON, MARION, MONTGOMERY, MORGAN and SHELBY COUNTIES Rates Fringes Bricklayer, Stone Mason, Pointer, Caulking ................$ 30.06 11.72 TERRAZZO FINISHER ................$ 19.07 7.06 TERRAZZO WORKER/SETTER ........... $ 29.57 10.96 Tile & Marble Finisher ........... $ 19.96 7.07 Tile, Marble Setter ..............$ 28.98 10.85 BRIN0004-004 06/01/2015 FORT WAYNE ADAMS, ALLEN, DEKALB, HUNTINGTON, NOBLE, STEUBEN, WELLS AND WHITLEY COUNTIES: Rates Fringes BRICKLAYER (STONE MASON, MARBLE MASONS, POINTER, CLEANER, AND CAULKER) ............ $ 29.21 12.49 Terrazzo Grinder Finisher ........ $ 25.19 9.10 Terrazzo Worker Mechanic ......... $ 29.22 11.69 Tile Setter & Marble Mason Mechanic .........................$ 26.94 10.97 Tile, Marble & Terrazzo Finisher .........................$ 21.94 9.10 BRIN0064-009 06/01/2014 BARTHOLOMEW, BROWN, DEARBORN, DECATUR, JENNINGS, MONROE, OHIO, OWENS, RIPLEY and SWITZERLAND COUNTIES Rates Fringes Bricklayer, Stonemason ........... $ 27.50 11.18 TERRAZZO FINISHER ................$ 19.07 7.06 TERRAZZO WORKER/SETTER ........... $ 29.57 10.96 Tile & Marble Finisher ........... $ 19.96 7.07 Tile, Marble Setter ..............$ 28.98 10.85 BRIN0004-010 06/01/2014 Rates Fringes BRICKLAYER CLARK, FLOYD, & HARRISON COUNTIES BRICKLAYERS, STONEMASONS AND CEMENT MASONS .......... $ 25.37 10.50 TILE, MARBLE AND TERRAZZO WORKERS ....................$ 22.64 6.05 POSEY, VANDERBURGH AND WARRICK COUNTIES BRICKLAYERS, MASONS ........ $ 29.02 13.37 TILE, MARBLE AND TERRAZZO WORKERS ....................$ ---------------------------------------------------------------- 25.72 11.34 BRIN0004-015 06/01/2014 TERRE HAUTE CLAY, DAVIESS, GIBSON, GREENE, KNOX, MARTIN, PARKE, PIKE, PUTNAM, SULLIVAN, VERMILLION and VIGO COUNTIES Rates Fringes BRICKLAYER BRICKLAYERS, STONE MASONS and POINTER/ CLEANER/CAULKER.............$ 28.68 13.72 CEMENT MASON (GREENE and SULLIVAN COUNTIES) .......... $ 27.78 11.02 CEMENT MASON (REMAINING COUNTIES) ...................$ 27.93 11.02 TERRAZZO FINISHERS .......... $ 19.07 7.05 TERRAZZO WORKER .............$ 25.54 11.64 TILE AND MARBLE FINISHERS ... $ 19.83 6.32 TILE LAYER, MARBLE MASON, MOSAIC WORKER ...............$ ---------------------------------------------------------------- 25.54 11.64 BRIN0004-016 06/01/2015 MUNCIE BLACKFORD, DELAWARE, FAYETTE, FRANKLIN, HAMILTON, HENRY, JAY, MADISON, RANDOLPH, RUSH, TIPTON, UNION and WAYNE COUNTIES Rates Fringes Bricklayer, Stonemason, Pointer, Caulker & Cleaner.......$ 29.50 12.60 TERRAZZO FINISHER ................$ 19.07 7.06 TERRAZZO WORKER/SETTER ........... $ 29.57 10.96 Tile & Marble Finisher ........... $ 19.96 7.07 Tile & Marble Setter; Mosaic Worker ...........................$ 28.98 10.85 ---------------------------------------------------------------- BRIN0006-001 06/01/2015 JASPER, NEWTON & STARKE COUNTIES Rates Fringes BRICKLAYER (Including Stonemason, and Pointer, Caulker & Cleaner) ...............$ 36.80 20.37 Tile, Marble & Terrazzo Worker ... $ 36.80 20.37 BRIN0011-001 06/01/2015 LAFAYETTE BENTON, CARROLL, CLINTON, FOUNTAIN, TIPPECANOE, WARREN and WHITE COUNTIES Rates Fringes Bricklayer, Stonemason, Pointer, Caulker & Cleaner ....... $ 27.59 14.34 TERRAZZO FINISHER ................$ 19.07 7.06 TERRAZZO WORKER/SETTER ........... $ 29.57 10.96 Tile & Marble Finisher ........... $ 19.96 7.07 Tile & Marble Setter; Mosaic Worker ...........................$ 28.98 10.85 BRIN0018-002 06/01/2014 CASS, ELKHART, FULTON, GRANT, HOWARD, KOSCUISKO, LAGRANGE, MARSHALL, MIAMI, PULASKI, WABASH Rates Fringes Bricklayer, Caulker, Cleaner, Pointer ..........................$ 27.61 13.55 ---------------------------------------------------------------- CARP0107-010 04/01/2015 ADAMS, CASS, ELKHART, FULTON, GRANT, HOWARD, HUNTINGTON, KOSCIUSKO, MARSHALL, MIAMI, TIPTON, WABASH AND WELLS COUNTIES: Rates Fringes CARPENTER ........................$ 25.75 16.87 ---------------------------------------------------------------- CARP0108-002 04/01/2015 BENTON, CARROLL, CLINTON, PULASKI, TIPPECANOE, WARREN AND WHITE COUNTIES Rates Fringes CARPENTER ........................$ 26.39 16.74 ---------------------------------------------------------- CARP0109-002 04/01/2015 DAVIESS, GIBSON, GREENE, KNOX, LAWRENCE, MARTIN, ORANGE AND SULLIVAN COUNTIES: Rates Fringes CARPENTER ........................$ 24.68 18.13 ----------------------------------- CARP0111-002 04/01/2015 BOONE, CLAY, FOUNTAIN, MONROE, MONTGOMERY, MORGAN, OWEN, PARKE, PUTNAM, VERMILLION AND VIGO COUNTIES Rates Fringes CARPENTER ........................$ 25.63 17.54 ---------------------------------------------------------------- CARP0111-003 04/01/2015 BARTHOLOMEW, BROWN,(Camp Atterbury south of Hospital Road), DECATUR, FRANKLIN, JOHNSON (Townships of Blue River, Franklin, Hensley, Needham, Nineveh, Union) , RUSH AND SHELBY COUNTIES Rates Fringes CARPENTER ........................$ 25.19 17.54 ---------------------------------------------------------------- CARP0111-004 04/01/2015 MARION COUNTY Rates Fringes CARPENTER ........................$ 26.74 17.54 ---------------------------------------------------------------- CARP0111-005 04/01/2015 BLACKFORD, DELAWARE, FAYETTE, HENRY, JAY, MADISON, RANDOLPH, UNION AND WAYNE COUNTIES Rates Fringes CARPENTER ........................$ 25.49 17.54 -- ---------------------------- CARP0111-006 04/01/201S HAMILTON, HANCOCK, HENDRICKS, JOHNSON (Townships of Clark, Camp Atterbury north of Hospital Road, Pleasant, White River) Rates Fringes CARPENTER ........................$ 26.74 17.54 .X' 'i,.T F'i t� �� C is - ---------------------------------------------------------------- CARP0232-003 04/01/2015 ALLEN, DEKALB, LAGRANGE, NOBLE, STEUBEN and WHITLEY COUNTIES Rates Fringes CARPENTER ........ ...............$ 2S.43 17.04 ---------------------------------------------------------------- CARP0999-001 06/01/2015 JASPER, NEWTON AND STARKE COUNTIES: Rates Fringes CARPENTER ........................$ 37.42 25.56 ---------------------------------------------------------------- CARP0999-002 04/01/2015 CRAWFORD, DUBOIS, PERRY, PIKE, POSEY, SPENCER, VANDERBURGH AND WARRICK COUNTIES: Rates Fringes CARPENTER ........................$ 24.38 18.13 ---------------------------------------------------------------- CARP0999-004 04/01/2015 DEARBORN, JACKSON, JENNINGS, OHIO, RIPLEY AND SWITZERLAND COUNTIES Rates Fringes CARPENTER ........................$ 24.88 17.63 ---------------------------------------------------------------- CARP0999-005 04/01/2015 CLARK, FLOYD, HARRISON, JEFFERSON,SCOTT AND WASHINGTON COUNTIES Rates Fringes CARPENTER ... ....................$ 24.23 18.21 ---------------------------------------------------------------- CARP1031-012 06/01/2014 CLARK, FLOYD, HARRISION AND WASHINGTON COUNTIES Rates Fringes MILLWRIGHT .......................$ 25.90 19.47 ---------------------------------------------------------------- ELECO016-003 06/01/2015 CRAWFORD, DAVIESS, DUBOIS, GIBSON, LAWRENCE, MARTIN, ORANGE, PERRY, PIKE, POSEY, SPENCER, VANDERBURGH, WARRICK Rates Fringes ELECTRICIAN ......................$ 35.34 16.01 ---------------------------------------------------------------- ELECO071-006 12/29/2014 DEARBORN, OHIO, and SWTIZERLAND COUNTIES Rates Fringes Line Construction: Equipment Operator..........$ 31.52 12.00 Groundman...................$ 22.76 16.07 Lineman & Cable Splicers....$ 35.02 12.76 ---------------------------------------------------------------- * ELECO153-003 09/01/2015 ELKHART, KOSCIUSKO and MARSHALL COUNTIES Rates Fringes Communication Technician ......... $ 25.00 14.17 ELECTRICIAN ......................$ 31.75 19.19 Includes the installation, operation, inspection, modification, maintenance and repair of systems used for the transmission and reception of signals of any nature, for any purpose, including but not limited to , sound and voice transmission/transference systems, communication systems that transmit or receive information and /or control systems, television and video systems, micre-processor controlled fire alarm systems, and security systems and the performance of any task directly related to such installation or service. The scope of work shall exclude the installation of electrical power wiring and the installation of conduit raceways exceeding fifteen (15) feet in length. ---------------------------------------------------------------- ELECO212-009 06/01/2015 DEARBORN, OHIO, and SWITZERLAND COUNTIES Rates Fringes ELECTRICIAN ......................$ 27.03 17.02 ---------------------------------------------------------------- ELEC0305-003 01/01/2015 ADAMS, ALLEN, DE KALB, HUNTINGTON, NOBLE, STEUBEN, WELLS, and WHITLEY COUNTIES Rates Fringes ELECTRICIAN ......................$ 30.45 15.29 -- -- ----------------- ELEC0369-005 OS/28/2014 CLARK, FLOYD, and HARRISON COUNTIES Rates Fringes ELECTRICIAN ......................$ 29.89 14.78 Line Construction: Groundman...................$ 13.83 6.35 Lineman; Equipment Operator.$ 22.25 6.35 ---------------------------------------------------------------- ELECO481-003 06/01/2014 BARTHOLOMEW, BOONE, DECATUR, HAMILTON, HANCOCK, HENDRICKS, JENNINGS, JOHNSON, MADISON, MARION, MONTGOMERY, MORGAN, PUTNAM, RIPLEY, RUSH AND SHELBY COUNTIES Rates Fringes ELECTRICIAN ......................$ 33.80 17.35 ---------------------------------------------------------------- ELEC0668-002 06/01/2015 BENTON, CARROLL, CASS, FULTON, TIPPECANOE and WHITE COUNTIES Rates Fringes ELECTRICIAN ....... ..............$ 31.75 16.77 FOOTNOTE: a. PAID HOLIDAYS: New Years Day, Memorial Day, July 4th, Labor Day, Veterans Day Thanksgiving Day and Christmas Day ---------------------------------------------------------------- ELEC0702-003 06/29/2015 DUBOIS, GIBSON, PERRY, PIKE, POSEY, SPENCER AND VANDERBURGH COUNTIES Rates Fringes Line Construction: GROUNDMAN, Class A .......... $ 24.93 12.99 GROUNDMAN-EQUIPMENT OPERATOR (All other equipment) ..................$ 31.56 14.91 HEAVY -EQUIPMENT OPERATOR (All crawler type equipment D-4 and larger)...$ 35.97 16.19 LINEMAN .....................$ ---------------------------------------------------------------- 45.09 19.18 ELEC0725-003 01/01/2015 CLAY, GREENE, OWEN, PARKE, SULLIVAN AND VIGO COUNTIES Rates Fringes ELECTRICIAN ...... ...............$ 35.02 16.71 ---------------------------------------------------------------- ELEC0725-007 09/01/2015 CLAY, GREENE, OWEN, PARKE, SULLIVAN AND VIGO COUNTIES Rates Fringes 52 I • Communication Technician ......... $ 27.35 12.11 Includes the installation, operation, inspection, maintenance, repair and service of radio, television, recording, voice sound and vision production and reproduction apparatus, equipment and appliances used for domestic, commercial, education, entertainment and private telephone systems. ---------------------------------------------------------------- ELECO855-001 06/01/2014 FAYETTE, FRANKLIN, HENRY, RANDOLPH, UNION AND WAYNE COUNTIES Rates Fringes ELECTRICIAN ......................$ 31.80 13.68 ---------------------------------------------------------------- ELECO873-002 03/01/2013 CLINTON, GRANT, HOWARD, MIAMI, TIPTON AND WABASH COUNTIES: Rates Fringes ELECTRICIAN ......................$ 32.43 12.33 ---------------------------------------------------------------- ELEC1393-001 12/01/2014 REMAINING COUNTIES Rates Fringes Line Construction: EQUIPMENT OPERATOR 1: Diggers, 5th wheel type trucks, crawler type, D-4 and smaller, bucket trucks and live boom type line trucks ......................$ 27.53 13.13 EQUIPMENT OPERATOR 3 (Backhoes over 1/2 yard bucket capacity, cranes rated at 15 ton or more capacity) 95% J.L. rate.....$ 33.75 14.94 GROUNDMAN TRUCK DRIVER ...... $ 19.12 10.70 GROUNDMAN...................$ 16.36 9.89 LINEMAN .....................$ ---------------------------------------------------------------- 35.76 15.52 ELEC1393-002 12/01/2014 NEWTON COUNTY Rates Fringes Line Construction: EQUIPMENT OPERATOR 1: Diggers, 5th wheel type trucks, crawler type, D-4 and smaller, bucket trucks and live boom type line trucks ......................$ 27.53 13.13 EQUIPMENT OPERATOR 3 (Backhoes over 1/2 yard bucket capacity, cranes rated at 15 ton or more capacity) 95% J.L. rate ..... $ GROUNDMAN TRUCK DRIVER ...... $ GROUNDMAN...................$ LINEMAN .....................$ ENGIO103-003 04/01/2013 33.75 14.94 19.12 10.70 16.36 9.89 35.76 15.52 INCLUDING UNDERGROUND AND UTILITY CONSTRUCTION REMAINING COUNITES Rates Fringes Power equipment operators: GROUP 1.....................$ 31.25 14.65 GROUP 2.....................$ 29.53 14.65 GROUP 3.....................$ 28.61 14.6S GROUP 4.....................$ 27.11 14.65 POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1: Air compressors in manifold with throttle valve; Asphalt plant engineer; Auto grade or similar type machine; Auto patrol; Backhoe or farm -type tractor, 45 hp and over; Ballast regulator (RR); Bituminous mixer; Bituminous paver; Bituminous plant engineer; Bulldozer; Caisson drilling machine; Cherry picker, 15 ton or over; Chip spreader; Concrete mixer 21 cu. ft. or over; Core drilling machine; Crane or derrick with any attachment (including clamshell, dragline, shovel, backhoe, etc.); Dredge engineer; Dredge operator; Drilling machine on which the drill is an integral part; Earth mover, rubber -tired (paddle wheel, 616, 631, TS-24 or similar type); Earth mover, rubber -tired, tandem ($0.50 per hour additional for each bowl); Elevating grader; Fork lift, 10 ton or over; P.C.C. formless paver post driver; Highlift shovel, 1 1/2 cu. yd. or over; Hoist, 2 drums and over; Helicopter, crew; Hydraulic boom truck; keystone, skimmer scoop; Loader, self-propelled (belt, chain, wheel); Locomotive operator; Mechanic; Mucking machine; Panel board concrete plant, central mix type; Paver, Hetherington; Pile driver, skid or crawler; Road paving mixer; Rock breaking plant; Rock crushing plant, portable; Roller (asphalt, waterbound macadam, bituminous macadam, brick surface); Roller with dozer blade; Root rake, tractor -mounted; Self-propelled widener; Stump remover, tractor -mounted; Surface heater and planer; Tandem push tractor ($0.50 per hour additional); Tractor, boom; Winch or hoe head; Tractor, push; Tractor with scoop; Tractor -mounted spreader; Tree mover; Trench machine, over 24"; Tug boat operator; Well drilling machine; Winch truck with A -frame GROUP 2: Air compressor with throttle valve or clever brooks -type combination; Backfiller; Backhoe on farm -type tractor, under 45 hp; Bull float; Cherry picker under 15 ton; Chip spreader, self-propelled; Concrete pump; Concrete mesh depressor, independently i operated; Concrete spreader, power -driven; End loader under 1/2 cu. yd.; Excavating loader, portable; Finishing machine and bull float; Gunite machine; Head greaser; Mesh or steel placer; Multiple tamping machine (RR); P.C.C. concrete belt placer; Pull grader, power control; Refrigerating machine, freezing operation; Ross carrier; Sheepfoot roller (self-propelled); Tamper (multiple vibrating, asphalt, waterbound macadam, bituminous macadam, brick surface); Trench machine, 24" and under; Tube float; Welder GROUP 3: Assistant plant engineer; Base paver (Jersey or similar type machine); Concrete finishing machine; Concrete mixer, less than 21 cu. ft.; Curb machine; Farm tractor, including farm tractor with all attachments except backhoe and including high lift end loaders of 1 cu. yd. capacity or less; Fire tender on boiler; Hoist, 1 drum; Operator, 5 pieces of minor equipment; Paving breaker; Power broom, self-propelled; Roller, earth and sub -base material; Slurry seal machine; Spike machine (RR); Tamper (multiple vibrating, earth and sub -base material); Throttle valve and fire tender combination on horizontal or upright boiler; Tractaire with drill; Tractor, 50 h.p. or over; Well point system; Widener, APSCO or similar type GROUP 4: Air compressor; Assistant to engineer, oiler; Automatic dry batch plant; Bituminous distributor; Bituminous patching tamper; Belt spreader; Broom and belt machine; Chair cart, self-propelled; Coleman -type screen; Conveyor, portable; Digger post hole, power -driven; Fork lift, under 10 ton; Form grader; Form tamper, motor -driven; Generator; Hetherington driver; Hydra seeder; Operator, 1 through 4 pieces of minor equipment; Outboard or inboard motor boat; Power curing spraying machine; Power saw, concrete, power -driven; Pug mill; Pull broom, power -type; Seaman tiller; Straw blower or brush mulcher; Striping machine paint, motor -driven; Sub grader; Tractaire, tractor, below 50 h.p.; Truck crane oiler, driver; Spreader; Water pump; Welding machine, 2 of 300 amps or over ENGIO150-009 04/01/2015 HEAVY, HIGHWAY AND RAILROAD CONSTRUCTION ELKHART, FULTON, JASPER, KOSCIUSKO, LAGRANGE, MARSHALL, NEWTON, NOBLE, PULASKI, and STARKE COUNTIES Rates Fringes POWER EQUIPMENT OPERATOR GROUP I .....................$ 29.50 23.45 GROUP 2.....................$ 27.90 23.45 GROUP 3.....................$ 26.60 23.45 GROUP 4.....................$ 25.20 23.45 GROUP 5.....................$ 21.95 23.45 POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1: Air compressors in manifold with throttle valve; Asphalt plant engineer; Auto grade or similar type machine; r __ __,' _.___r J 13 35_ Auto patrol; Automatic Sub -Grade; Backhoe or farm type tractor, 45 hp and over; Ballast regulator (RR); Barrier Wall Machine; Batch Plants (Concrete & Asphalt); B ituminous mixer; Bituminous paver; Bituminous plant engineer; Boring Machine; Bulldozer; Caisson drilling machine; Cherry picker, 15 ton or over; Chip spreader; Concrete mixer, 21 cu. ft. or over; Concrete Belt Placer; Concrete Paver; Concrete Pump (Truck Mounted); Concrete Saw (track mounted); Concrete Spreader (power driven); Core drilling machine; Crane or derrick with any attachment (including clamshell, dragline, shovel, backhoe, etc.); Curb Machine; Gutter Machine; Dredge engineer; Dredge operator; Drilling machine on which the drill is an integral part; Earthmover, rubber -tired (paddle wheel, 616, 631, TS-24 or similar type); Earthmover, rubber -tired, tandem (.50 per hr. additional for each bowl); Elevating Grader; Forklift (10 ton or over); P.C.C. Formless Paver; Gradall; Gravel Processing Plant (portable); Operator of Guard Rail Post Driver; Highlift Shovel 1-1/2 cu.yd. or over) Frame; Hoist (2 drum & over); Helicopter crew; Hydraulic boom truck; Hydraulic Excavator; Loaded -Self propelled (belt chain wheel); Laser Screed; Locomotive operator; Mechanic; Mucking machine; P.C.C. Concrete Belt Placer; Panel board concrete plant (central mix type); Paver (Hetherington); Pavement Breaker; Pile driver, skid or crawler; Road paving mixer; Rock breaking plant; Rock crushing plant (portable); Roller (asphalt, waterbound macadam, bituminous macadam, brick surface); Roller with dozer blade; Road Widener; Root rake (tractor -mounted); Roto Mill Grinder; Self-propelled widener; Stump remover; Surface heater and planer; Tandem push tractor ($0.50 per hour additional); Tractor, boom; Winch or hoe head; Tractor (push); Tractor with scoop; Tractor -mounted spreader; Tree mover; Trench machine, over 24"; Tug boat operator; Well drilling machine; Widener (Apsco or similar type); Winch truck with A -frame GROUP 2: Air compressor with throttle valve or Clever Brooks type combination; Backfiller; Farm type tractor (under 45 H.P.); Cherry picker under 15 ton; Chip spreader (self-propelled); Concrete pump (trailer type); Concrete mesh depressor, independently operated; End loader under 1 1/2 cu. yd.; Excavating loader (portable); Finishing machine and bull float; Gunite machine; Hydraulic Power unit; Head greaser; Mesh or steel placer; Multiple tamping backhoe on machine (RR); Bull float (bidwell Machine); Refrigerating machine -operation; Ross Carrier; Sheepfoot roller (self-propelled); Tamper -Multiple Vibrating (Asphalt, Waterbound, Macadam, Bituminous Macadam, Brick Surface); Trench machine (24" and under); Tube float; Water Pull/Wagon; Welder GROUP 3: Plant engineer; Base paver (Jersey or similar type machine); Concrete finishing machine; Concrete mixer, less than 21 cu. ft.; Curb machine; Farm tractor, including farm tractor with all attachments except backhoe and including high lift end loaders of 1 cu. yd. capacity or less; Fireman, on boiler; Hoist, 1 drum; Operator, 3-5 pieces of minor equipment; Paving breaker; Power broom, self-propelled; Roller, earth and sub -base material; Power Saw -Concrete (Power Driven); Slurry seal machine; Spike machine (RR); Sub -surface Material Distributor; Tamper (multiple vibrating, earth and sub -base material); Throttle valve; Throttle Valve and fireman combination on horizontal or upright boiler; Tractaire with drill; Well Point GROUP 4: Air compressor; Assistant to engineer, oiler; Bituminous patching tamper; Belt spreader; Broom and belt machine; Chair cart, self-propelled; Coleman -type screen; Conveyor, portable; Deck -hand Digger post hole, power -driven; Forklift, under 10 ton; Form grader; Form tamper, motor -driven; Generator; Hetherington driver; Hydra seeder; Mechanic heater; Operator, 2 pieces of minor equipment; Outboard or inboard motor boat; Power curing spraying machine; Pug mill; Pull broom, power type; Seaman tiller; Skid steer loader over 3/4 cu. yd.; Straw blower or brush mulcher; Striping machine paint, motor -driven; Sub -grader; Tractaire; Tractor, below 50 h.p.; Truck crane oiler; Spreader; Water pump GROUP 5: Skid steer loader under 3/4 cu. yds ENGI0150-039 06/01/2015 UNDERGROUND & UTILITY CONSTRUCTION: 3ASPER, NEWTON, PULASKI AND STARKE COUNTIES: Rates Fringes POWER EQUIPMENT OPERATOR GROUP I .....................$ 39.40 30.53 GROUP 2.....................$ 38.60 30.53 GROUP 3.... ................$ 34.30 30.53 GROUP 4.....................$ 32.10 30.53 POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1: Mechanic; Asphalt plant; Autograde; Batch plant; Benoto (requires 2 engineers); Boiler and throttle valve; Boring machine (mining machine); Caisson rigs; Central Redi-mix plant; Combination backhoe-endloader with backhoe bucket over 1/2 cu. yd.; Combination tugger hoist and air compressor; Compressor and throttle; Concrete breaker (truck -mounted); Concrete conveyor; Concrete paver over 27E cu. ft.; Concrete paver 27E cu. ft. and under; Concrete pump with boom (truck -mounted); Concrete tower; Cranes and backhoes, all attachments; Cranes, Hammerhead tower; Creter cranes; Derricks, all; Derricks, traveling; Forklift, lull type; Forklift, 10 ton and over; Hoists, 1, 2 and 3 drum; Hoist, 2 tugger - one floor; Hydraulic boom truck; Locomotives, all; Motor patrol; Mucking machine; Pile driving and skid rig; Pit machines; Pre -stress machines; Pumperete and similar types; Rock drill, self-propelled; Rock drill, truck -mounted; Slip form paver; Straddle buggies; Tractor with boom and side boom; Trenching machine; Winch tractors GROUP 2: Asphalt spreader; Boilers; Bulldozers; Combination backhoe-endloader with backhoe bucket 1/2 cu. yd. and under; Engineer acting as conductor in charge of crew; Grader, elevating; Greaser engineer; Grouting machines; Highlift shovels or front endloader; Hoists, automatic; Corboy drilling machines; Hoists, all elevators; Hoists, tugger, single drums; Post hole digger; Roller, all; Scoops, tractor -drawn; Stone crushers; Tournapull; Winch trucks GROUP 3: Concrete mixer (2 bag and over); Conveyor, portable; Steam generators; Tractor, farm and similar type; Air compressor, small, 150 and under, 1 to 5 not to exceed a total of 300 ft.; Air compressor, large, over 150; Combination, small equipment operator; Forklift, under 10 ton; Generator; Pump, 1 to 3 not to exceed a total of 325 ft.; Pumps; Well points; Welding machines (2 through 5); Winches, 4 electric drill winches GROUP 4: Heater, mechanical (i to 5); Oilers; Switchmen ---------------------------------------------------------------- ENGI0181-014 04/01/2015 HEAVY AND HIGHWAY CONSTRUCTION: BARTHOLOMEW, BROWN, CLARK, CRAWFORD, DEARBORN, DECATUR, DUBOIS, FLOYD, FRANKLIN, GIBSON, HARRISON, JACKSON, JEFFERSON, JENNINGS, LAWRENCE, MARTIN, OHIO, ORANGE, PERRY, PIKE, POSEY, RIPLEY, SCOTT, SPENCER, SWITZERLAND, VANDERBURGH, WARRICK, and WASHINGTON COUNTIES Rates Fringes Power equipment operators: GROUP A .....................$ 32.65 14.40 GROUP B..................... $ 30.00 14.40 GROUP C.....................$ 27.87 14.40 POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP A: Air compressor in manifold with throttle valve; Asphalt plant engineer; Auto grade or similar type machine; Bituminous mixer; Bituminous paver; Bituminous plant engineer; Bulldozer; Caisson drilling machine; Cherry picker, all; Ballast regulator (RR); Chip spreader, self-propelled; Cold grinder or similar type equipment; Concrete mixer, 21 cu. ft. or over; Concrete pump, truck -mounted; Core drilling machine; Crane or derrick with any attachment (including clamshell, dragline, shovel, backhoe, etc.); Dredge operator; Drilling machine on which the drill is an integral part; Earth mover, rubber -tired, tandem 0.50 per hour additional; Elevating grader; Endloader, Hi- lift shovel; P.C.C. formless paver; Gradall; Gravel processing plant, portable; Guardrail post driver operator; Head greaser; Hi -lift shovel, endloader; Hoist (2 drums and over); Helicopter crew; Hydraulic boom truck, Keystone, Skimmer Scoop; Loader, self-propelled (belt, chain wheel); Locomotive operator; Mechanic; Mucking machine; Multi -bank drill operator; Panel board concrete plant, central mix type; Paver, Hetherington; Pile driver, skid or crawler, Road paving mixer; Rock breaking plant; Rock crushing plant, portable; Roller (asphalt, waterbound, • macadam, bituminous macadam, brick surface); Roller, with dozer blade, Root rake, tractor -mounted; Stump remover, tractor- mounted; Surface heater and planer; Tandem push tractor, $0.50 per hour additional; Tractor, boom winch or hoe head; Tractor, push; Tractor with scoop; Tractor -mounted spreader; Tree mover; Trench machine, over 24"; Tug boat operator; Welder; Well drilling machine; Self-propelled widener. GROUP B: Air compressor with throttle valve or clever brooks -type combination; Backfiller, base paver, Jersey or similar type machine; Bull float; Concrete finishing machine; Concrete mesh depressor, independently operated; Concrete spreader, power- driven; Dredge engineer; Excavator loader, portable; Fire tender on boiler; Forklift, regardless of ton; Hoists, 1 drum; Mesh or steel placer; Minor equipment operator, 5 pieces; Multiple tamping machine (RR); P.C.C. concrete placer; Paving breaker; Power broom, self-propelled; Pull grader, power -controlled; Refrigerating machine, freezing operation; Roller, earth and sub- base material; Ross carrier (Straddle buggy); Sheepfoot roller, self-propelled without blade; Tamper, multiple\vibrating (asphalt, waterbound macadam, bituminous macadam, brick surface); Tamper, multiple vibrating (earth and sub -base material); Trench machine, 24" and under; Tube float; Well point system; Widener, Apsco or similar type; Winch truck with A -frame. GROUP C: Air compressor, oiler; Automatic dry batch plant; Bituminous distributor; Bituminous patching tamper; Belt spreader; Broom and belt machine; Brush burner; Chair cart, self- propelled; Coleman -type screen; Cold grinder oiler; Concrete mixer, less than 21 cu. ft.; Conveyor, portable; Curb machine; Deckhand; Digger (post hole, power -driven); Farm tractor, including farm tractor with all attachments (except backhoe, Hi- lift endloaders); Form grader; Form tamper, motor -driven; Generator; Gunite machine; Hetherington driver; Hydra seeder; Mechanical heater; Minor equipment operator, 1 through 4 pieces; Curing spraying machine; Power saw, concrete (power -driven); Pug mill pull broom, power type; Seaman tiller; Slurry seal machine; Spike machine; Straw blower or brush mulcher; Stripping machine (paint, motor -driven); Sub grader; Throttle valve; Tractaire with drill; Truck crane and multi -drill oiler, driver; Spreader; Water pump. ---------------------------------------------------------------- ENGI0181-015 04/01/2015 SEWER WATERLINE & UTILITY CONSTRUCTION: BARTHOLOMEW, BROWN, CLARK, CRAWFORD, DEARBORN, DECATUR, DUBOIS, FLOYD, FRANKLIN, GIBSON, HARRISON, JACKSON, JEFFERSON, JENNINGS, LAWRENCE, MARTIN, OHIO, ORANGE, PERRY, PIKE, POSEY, RIPLEY, SCOTT, SPENCER, SWITZERLAND, VANDERBURGH, WARRICK, and WASHINGTON COUNTIES Rates Fringes Power equipment operators: GROUP A .....................$ 31.88 14.40 GROUP B.....................$ 23.75 14.40 SEWER WATERLINE & UTILITY CONSTRUCTION GROUP A: A -frame winch truck; Air compressor 900 cu. ft. and over; Air tugger; Autograde (CMI); Auto patrol; Backhoe; Ballast regulator (RR); Batch plant (electrical control concrete); Bending machine (pipe); Bituminous plant (engineer); Bituminous plant; Bituminous mixer travel plant; Bituminous paver; Bituminous roller; Buck hoist; Bulldozer; Cableway; Chicago boom; Clamshell; Concrete mixer, 21 cu. ft. or over; Concrete paver, concrete pump, crete; Crane; Craneman; Crusher plant; Derrick; Derrick boat; Dinky; Dope pots (pipeline); Dragline; Dredge operator; Dredge engineer; Drill operator; Elevator grader; Elevator; Ford hoe, or similar type equipment; Forklift; Formless paver; Gantry crane; Gradall; Grademan; Hopto; Hough loader or similar type; Hydro crane; Motor crane; Mucking machine; Multiple tamping machine (RR); Overhead crane; Pile driver; Pulls; Push dozer; Push boats; Roller (sheep foot); Ross Carrier; Scoop; Shovel; Side boom; Swing crane; Trench machine; Welder (heavy duty; Truck -mounted concrete pump; Truck -mounted drill; Well point; Whirleys. GROUP B: Air compressor, up to 900 cu. ft.; Brakeman; Bull float; Concrete mixer, over 10S and under 21S; Concrete spreader or puddler; Deck engine; Electric vibrator compactor (earth or rock); Finishing machine; Fireman; Greaser, on grease facilities servicing heavy equipment; Material pump; Motor boats; Portable loader; Post hole digger; Power broom; Rock roller; Roller, wobble wheel (earth and rock); Spike machine (RR); Seaman tiller; Spreader rock; Sub grader; Tamping machine; Welding machine; Widener, Apsco or similar type: Bituminous distributor; Cement gun; Concrete saw; Conveyor; Deckhand oiler; Earth roller; Form grader; Generator; Guard rail driver; Heater; JLG lifts; Oiler; Paving joint machine; Power traffic signal; Scissor lift; Steam Jennyu; Truck crane oiler; Vibrator; Water pump. ---------------------------------------------------------------- ENGI0841-011 04/01/2013 HEAVY, HIGHWAY AND UTILITY CONSTRUCTION BOONE, CLAY, DAVIESS, FOUNTAIN, GREENE, HENDRICKS, KNOX, MONROE, MONTGOMERY, MORGAN OWEN, PARKE, PUTNAM, SULLIVAN, VERMILLIAN, VIGO, and WARREN COUNTIES Rates Fringes Power equipment operators: GROUP 1.....................$ 29.75 16.75+a GROUP 2.....................$ 23.50 16.75+a POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1: Air Compressor Over 600 CU FT, Air Compressors (2), Compressors hooked in Manifold, Asphalt Plant Engineer, Auto Grade and/or C.M.I. or similar type Machine, Auto Patrol, Motor Patrol, Power Blade, Aspco Paver, Asphalt Planer, Asphalt Rollers, Asphalt Paver Operator, Concrete or Asphalt Milling Machine, Self Propelled Widener, Backhoe and/or Pavement Breaker Attachment, Self Propelled Pavement Breaker, Ballast Regulator (R.R), Bituminous Mixer, Bituminous Paver, Bituminous Plant Engineer, Bulk Cement Plant Engineer, Bulldozer, One Drum Hoist with Tower or Boom, Cableways, Tower Machines, Back Filler, Boom Tractor, Boom or Winch Truck, Winch or Hydraulic Boom Truck, Boring Machine, Bolier Operator, Brush Mulcher, Bull Float, Finishing Machine, Power Cranes, Overhead Cranes, Truck cranes, Piledriver, Skid or Crawler, Guard Rail Post Driver, Tower Cranes, Hydro Crane, Cherry Picker, Draglines, Derricks, Shovels, Clam, Gradalls, Two Drum Machine, Concrete or Asphalt Curb Machine, Self Propelled, Concrete Mixers with Skid, Tournamixer, Concrete Pump (Truck or Skid Mounted), Concrete Plant Engineer, Soil Cement Machine, Formless Paver, Concrete Spreader, Span Saw (and similar types), Chip Spreader, Mesh Placer, Dredging Equipment or Dredge Engineer or Dredge Operator, Tug Boat Operator, Marine Scoops, Ditching Machine with Dual Attachment, Standard or Dinkey Locomotives, Drilling Machine, including Well Testing, Caissons, Shaft or any similar type Drilling Machine (Well Point Systems), 4 Point Life System (Power Lift or similar type), Mud Cat, Mucking Machine, Sull-Air, Mechanics, Welder, Head Equipment Greaser, Tournapull, Tractor Operating Scoops, Push Tractors, Large Rollers on Earth, Loaders (Track or Rubber Mounted), or similar type Machine, Lull, Tournadozer, Scoopmobiles, Elevating Machines, Power Broom (Self Propelled), Power Sub Grader, Hydra Ax, Farm Tractor with Attachments, Soil Stabilizer (Seaman Tiller, Bo mag, Rago Gator and similar types of equipment), Tree Mover, Stump Remover, Root Rake, Hydra Seeder, Straw Blower, Refrigerating Machine, Freezing Operator, Chair Cart -Self Propelled, Helicopter Crew (3), Ross Carrier or Straddle Buggy or similar Machine, Rock Crusher Plant, Gravel Processing Machine, Pipe Cleaning Machine, Pipe Wrapping Machine, Pipe Bending Machine, Pug Mill, Concrete Bump Grinder Machine, Power Curing Spray Machine, Forklift (except when used for landscaping), Snooper Truck Operator. GROUP 2: Air Compressor 600 cu. ft. and under, Air Tugger, Air Valves, Assistant Concrete Plant Engineer, Assistant Asphalt Plant Engineer, Asphalt Plant Fireman, Bulk Cement Plant Equipment Greaser, Concrete Mixers without Skips, Curbing Machine, Concrete Saw (Self Propelled), Conveyors,Cement Blimps, Ditching Machine under 6", Distributor Operator On trucks, Deck Hands, Elevators when used for hoisting material, Engine Tenders, Fork Lift (when used for landscaping), Farm Tractor, Fireman, Fireman on Paint or Dope Pots, Form Tamper, Form Grader, Flex Plane, Generators (two to four), or Welding Machines or Water Pumps, within 400 feet, Gunite Machine, Machine Mounted Post Hole Digger, Mude Jack, One Drum Machines without Tower or Boom, One Water Pump, One Welding Machine, Outboard or Inboard Motor Boat, Pull Broom (Power Type, Siphons and Pulsometer, Switchman, Striping and or Painting Machine (motor driven), Slurry Seal Machine, Track Jack, FEX?�i� sT PAGE _ j q_OF 3$� Temporary Heat, Throttle Valve, Tube Float, Tractaire, Wagon Drill, Multiple Tamping Machine (R.R.), Spike Machine (R.R.), Mechanical Heaters, Brush Burner, Vacuum Truck (Super Sucker and similar types). FOOTNOTES: A. Employees operating booms from 149Ft. to 199 Ft. including jib, shall receceive an additional seventy-five Cents (.75) per hour above the rate. Employees operating booms over 199 Ft. including jib, shall receive an additional one dollar and twenty- five cents ($1.25) per hour above the regular rate. B. Employees operating scoops, pulls, or tractors hooked in tandem shall receive an additional one dollar ($1.00) per hour above the regular rate. C. Employees operating scoops, pulls, or tractors pulling any other hauling unit in tandem shall receive an additional one dollar ($1.00) per hour above the regular rate. D. Underground work - Employees working in tunnels, shafts, etc. shall be paid a thirty percent (30%) premium above the wage rate. ---------------------------------------------------------------- IRON0022-001 06/01/2015 BARTHOLOMEW, BENTON, BOONE, BROWN, CARROLL, CASS, CLAY, CLINTON, DAVIESS (REMAINDER OF COUNTY), DECATUR (W 3/4), DELAWARE (REMAINDER OF COUTNTY), FAYETTE (W 1/3), FOUNTAIN,FRANKLIN (NW TIP), FULTON (REMAINDER OF COUNTY), GRANT (REMAINDER OF COUNTY), GREENE, HAMILTON, HANCOCK, HENDRICKS, HENRY, HOWARD, JACKSON, JASPER (SOUTHEASTERN 1/2), JENNINGS (NORTHWEST 2/3), JOHNSON, KNOX (REMAINDER OF COUNTY), LAWRENCE, MADISON, MARTIN (NW 2/3), MIAMI (REMAINDER OF COUNTY), MONROE, MONTGOMERY, MORGAN, NEWTON (SOUTHERN 1/2), OWEN, PARKE, PULASKI (REMAINDER OF COUNTY), PUTNAM, RANDOLPH (SW TIP), RUSH (REMAINDER OF COUNTY), SHELBY, SULLIVAN, TIPPECANOE, TIPTON, VERMILLION, VIGO, WAYNE, WARREN AND WHITE COUNTIES: Rates Fringes IRONWORKER .......................$ 30.39 19.75 The following holidays shall be observed: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the day after Thanksgiving and Christmas Day. Any holiday which occurs on a Sunday shall be observed the following Monday, unless the legal observance of these holidays is changed by law. ---------------------------------------------------------------- IRON0044-010 06/01/2015 DEARBORN, DECATUR (REMAINDER OF COUNTY), FAYETTE (REMAINDER OF COUNTY), FRANKLIN (REMAINDER OF COUNTY), JEFFERSON (REMAINDER OF COUNTY), JENNINGS (REMAINDER OF COUNTY), OHIO, RIPLEY, RUSH (SOUTHEASTERN TIP), SWITZERLAND, AND UNION (SOUTHERN 1/3) Rates Fringes Ironworkers: FENCE ERECTORS ..............$ 23.64 18.80 ORNAMENTAL ..................$ 26.27 18.80 STRUCTURAL, MACHINERY MOVERS, RIGGERS .............$ 26.27 18.80 ---------------------------------------------------------------- IRON0070-002 06/01/2015 CLARK, CRAWFORD, FLOYD, HARRISON, JACKSON (SOUTHERN 3/4); JEFFERSON (EXCLUDING NORTHEASTERN TIP); JENNINGS (SOUTHERN 3/4), LAWRENCE (SOUTHERN 2/3), MARTIN (SOUTHEASTERN 2/3), ORANGE, PERRY (EASTERN 3/4); SCOTT AND WASHINGTON COUNTIES: Rates Fringes IRONWORKER .......................$ 27.56 20.30 ---------------------------------------------------------------- IRON0103-001 08/01/2015 DAVIESS (5 1/2), DUBOIS, GIBSON, KNOX (S 1/2), MARTIN (SW 1/3), PERRY (W 1/4), PIKE, POSEY, SPENCER, VANDERBURGH, AND WARRICK Rates Fringes IRONWORKER .......................$ 28.14 18.68 ---------------------------------------------------------------- IRON0147-004 06/01/2015 ADAMS, ALLEN, BLACKFORD, DEKALB, DELAWARE (NORTHEAST THIRD OF COUNTY), FULTON (EASTERN PART), GRANT (EXCLUDING SOUTHWEST PORTION), HUNTINGTON, JAY, MIAMI (NORTHEAST HALF), NOBLE (EXCLUDING NORTHEAST TIP), STEUBEN, WABASH, WELLS, and WHITLEY COUNTIES Rates Fringes IRONWORKER .......................$ 25.39 20.12 ---------------------------------------------------------------- IRON0290-004 06/01/2015 FAYETTE (NE 1/4), RANDOLPH (5. PART OF COUNTY EXCLUDING WINCHESTER BUT INCLUDING UNION CITY) UNION (NORTHERN 2/3) AND WAYNE (REMAINDER OF COUNTY) COUNTIES Rates Fringes Ironworkers: ..................... $ 27.00 19.98 ---------------------------------------------------------------- IRON0292-005 06/01/2015 ELKHART, FULTON (North 2/3), KOSCIUSKO (Remainder of County), LAGRANGE (West 1/3), MARSHALL, MIAMI (Northwestern Tip), NOBLE (Northwestern Tip), PULASKI (Northeast Half), and STARKE COUNTIES Rates Fringes IRONWORKER .......................$ 28.31 19.36 ------------------------------------ IRON0372-007 06/15/2015 DEARBORN, DECATUR (REMAINDER OF COUNTY), FAYETTE (SE CORNER), FRANKLIN (S 3/4), OHIO, RIPLEY (REM. OF COUNTY), SWITZERLAND (REMAINDER OF COUNTY) and JENNINGS (NE TIP) COUNTIES Rates Fringes IRONWORKER (Reinforcing) Beyond 30 miles of Hamilton County, Ohio Court House .................$ 27.25 19.00 Within 30 miles of Hamilton County, Ohio Court House .................$ 27.00 19.00 ---------------------------------------------------------------- IRON0395-002 06/01/2015 JASPER (NORTHERN 1/2), NEWTON (NORTHERN 1/2), PULASKI (NORTHWESTERN TIP) COUNTIES Rates Fringes IRONWORKER IRONWORKERS .................$ 39.50 27.77 SHEETER.....................$ 39.75 27.77 ---------------------------- LAB00041-005 04/01/2014 UTILITY CONSTRUCTION JASPER AND NEWTON COUNTY Rates Fringes Laborers: GROUP I .....................$ 30.57 13.30 GROUP 2.....................$ 30.87 13.30 GROUP 3.....................$ 31.57 13.30 LABORERS CLASSIFICATIONS (UTILITY CONSTRUCTION) GROUP 1: Construction laborer; Fence erector; Flagger; Grade checker; Guard rail erector; Wire mesh layer; Joint man (mortar, mastic and all other types); Lighting installer (permanent or temporary); Lineman for automatic grade maker on paving machines; Mortar man; Multi -plate erector; Rip -rap installer (all products and materials); Road marking and delineation laborer; Setting and placing of all precast concrete products; Sign installation including supporting structure; Spraying of all epoxy, curing compound, or like material; sod layer; Air tool, power tool, and power equipment operator; Asphalt lute man; Asphalt raker man; Batch truck dumper; Bridge handrail erector; Handler (bulk or bag cement); Chain saw man; concrete puddler; concrete rubber; Concrete saw operator; Core drill operator, eye level; Hand blade operator; Hydra seeder man; Motor -driven Georgia buggy operator; Power -driven compactor or tamper operator; Power saw operator; Pumperete assembly man; Screed man or screw man on asphalt paver; Rebar installer; Sandblaster man; Sealer applicator for asphalt (toxic); Setting and placing prestressed or precast concrete structural memebers; Side rail setter (for sidewalks, side ditches, radii, and pavements); Spreader box tender (manual or power -driven); Straw blower man; Subsurface drain and culvert pipe layer; Transverse and longitudinal hand bull float man; Concrete conveyor assembly man; Horizontal boring and jacking man; Jackman and sheetman; Pipe grade man; Winch and windlass operator GROUP 2: Cutting torch burner; Laser beam aligner; Manhole erector; Sewer pipe layer; Water line installer, temporary or permanent; Welder (electric or exy-acetylene) in connection with waterline and sewer work, Hod Carrier (tending bricklayers); Tying and associated grouting of utility lines GROUP 3: Air track and wagon drillman; Concrete barrier rail form setter; Dynamite and powder man; General leadman; Concrete Saw Joint Control cutting LAB00081-003 04/01/201S UTILITY CONSTRUCTION STARKE COUNTY Rates Fringes Laborers: GROUP 1.....................$ 30.22 13.30 GROUP 2.....................$ 30.52 13.30 GROUP 3.....................$ 31.22 13.30 LABORERS CLASSIFICATIONS (UTILITY CONSTRUCTION) GROUP 1: Construction laborer; Fence erector; Flagger; Grade checker; Guard rail erector; Wire mesh layer; Joint man (mortar, mastic and all other types); Lighting installer (permanent or temporary); Lineman for automatic grade maker on paving machines; Mortar man; Multi -plate erector; Rip -rap installer (all products and materials); Road marking and delineation laborer; Setting and placing of all precast concrete products; Sign installation including supporting structure; Spraying of all epoxy, curing compound, or like material; sod layer; Air tool, power tool, and power equipment operator; Asphalt lute man; Asphalt raker man; Batch truck dumper; Bridge handrail erector; Handler (bulk or bag cement); Chain saw man; concrete puddler; concrete rubber; Concrete saw operator; Core drill operator, eye level; Hand blade operator; Hydro seeder man; Motor -driven Georgia buggy operator; Power -driven compactor or tamper operator; Power saw operator; Pumperete assembly man; Screed man or screw man on asphalt paver; Rebar installer; Sandblaster man; Sealer applicator for asphalt (toxic); Setting and placing prestressed or precast concrete structural memebers; Side rail setter (for sidewalks, side ditches, radii, and pavements); Spreader box tender (manual or power -driven); Straw blower man; Subsurface drain and culvert pipe layer; Transverse and longitudinal hand bull float man; Concrete conveyor assembly man; Horizontal boring and jacking man; Jackman and sheetman; Pipe grade man; Winch and windlass operator GROUP 2: Cutting torch burner; Laser beam aligner; Manhole erector; Sewer pipe layer; Water line installer, temporary or permanent; Welder (electric or exy-acetylene) in connection with waterline and sewer work, Hod Carrier (tending bricklayers); Tying and associated grouting of utility lines GROUP 3: Air track and wagon drillman; Concrete barrier rail form setter; Dynamite and powder man; General leadman; Concrete Saw Joint Control cutting ---------------------------------------------------------------- LAB00081-007 04/01/2015 UTILITY CONSTRUCTION ALL REMAINING COUNTIES Rates Fringes Laborers: GROUP 1.....................$ 22.62 13.30 GROUP 2.....................$ 22.92 13.30 GROUP 3.....................$ 23.62 13.30 LABORERS CLASSIFICATIONS (UTILITY CONSTRUCTION) GROUP 1: Construction laborer; Fence erector; Flagger; Grade checker; Guard rail erector; Wire mesh layer; Joint man (mortar, mastic and all other types); Lighting installer (permanent or temporary); Lineman for automatic grade maker on paving machines; Mortar man; Multi -plate erector; Rip -rap installer (all products and materials); Road marking and delineation laborer; Setting and placing of all precast concrete products; Sign installation including supporting structure; Spraying of all epoxy, curing compound, or like material; sod layer; Air tool, power tool, and power equipment operator; Asphalt lute man; Asphalt raker man; Batch truck dumper; Bridge handrail erector; Handler (bulk or bag cement); Chain saw man; concrete puddler; concrete rubber; Concrete saw operator; Core drill operator, eye level; Hand blade operator; Hydro seeder man; Motor -driven Georgia buggy operator; Power -driven compactor or tamper operator; Power saw operator; Pumperete assembly man; Screed man or screw man on asphalt paver; Rebar installer; Sandblaster man; Sealer applicator for asphalt (toxic); Setting and placing prestressed or precast concrete structural memebers; Side rail setter (for sidewalks, side ditches, radii, and pavements); Spreader box tender (manual or power -driven); Straw blower man; Subsurface drain and culvert pipe layer; Transverse and longitudinal hand bull float man; Concrete conveyor assembly man; Horizontal boring and jacking man; Jackman and sheetman; Pipe grade man; Winch and windlass operator GROUP 2: Cutting torch burner; Laser beam aligner; Manhole erector; Sewer pipe layer; Water line installer, temporary or permanent; Welder (electric or exy-acetylene) in connection with waterline and sewer work, Hod Carrier (tending bricklayers); Tying and associated grouting of utility lines GROUP 3: Air track and wagon drillman; Concrete barrier rail form setter; Dynamite and powder man; General leadman; Concrete Saw Joint Control cutting ---------------------------------------------------------------- LAB00999-001 04/01/2014 HEAVY AND HIGHWAY CONSTRUCTION Rates Fringes Laborers: GROUP 1.....................$ 22.62 12.80 GROUP 2.....................$ 22.92 12.80 GROUP 3.....................$ 23.62 12.80 LABORERS CLASSIFICATIONS GROUP 1: Building and Construction Laborers; Scaffold Builders (other than for Plasterers); Mechanic Tenders; Window Washers and cleaners; Waterboys and Toolhousemen; Roofers Tenders; Railroad Workers; Masonry Wall Washers (interior and exterior); Cement Finisher Tenders; Carpenter Tenders; All Portable Water pumps with discharge up to (3) inches; Plaster Tenders; Mason Tenders; Flag & Signal Person. GROUP 2: Waterproofing; Handling of Creosot Lumber or like treated material (excluding railroad material); Asphalt Rakers and Lutemen; Kettlemen; Air Tool Operators and all Pneumatic Tool Operators; Air and Electric Vibrators and Chipping Hammer Operators; Earth Compactors Jackmen and Sheetmen working Ditches deeper than (6) ft.in depth; Laborers working in ditches (6) ft.in depth or deeper; Assembly of Unicrete Pump; Tile Layers (sewer or field) and Sewer Pipe Layer (metallic or non-metallic); Motor driven Wheelbarrows and Concrete Buggies; Hyster Operators; Pump Crete Assemblers; Core Drill Operators; Cement, Lime or Silica Clay Handlers (bulk or bag); Handling of Toxic Materials damaging to clothing; Pneumatic Spikers; Deck Engine and Winch Operators; Water Main and Cable Ducking (metallic and non-metallic); Screed Man or Screw Operator on Asphalt Paver; Chain and Demolition Saw Operators; Concrete Conveyor Assemblers. GROUP 3: Water Blast Machine Operator; Mortar Mixers; Welders (Acetylene or electric); Cutting Torch or Burner; Cement Nozzle. Laborers; Cement Gun Operator; Scaffold Builders when Working for Plasterers. Dynamite Men; Drillers - Air Track or Wagon Drilling for explosives Hazardous and Toxic material handler, asbestos removal or handler. PAIN0012-006 05/01/2015 COMMERCIAL AND INDUSTRIAL DEARBORN, OHIO, RIPLEY AND SWITZERLAND COUNTIES: Rates Fringes PAINTER Bridges, Lead Abatement ..... $ 24.39 9.06 Brush & Roller, Paperhanger, Drywall Taping.$ 23.39 9.06 Sandblasting, Waterblasting.$ 24.14 9.06 Spray ......... .............$ 23.89 9.06 ----------------------------------- PAIN0027-005 06/01/2014 NEWTON COUNTY, West of Highway #41 Rates Fringes GLAZIER .......... ...............$ 40.50 31.07 ---------------------------------------------------------------- PAIN0047-005 06/01/2014 BARTHOLOMEW, BOONE, BROWN, DECATUR, HAMILTON, HANCOCK, HENDRICKS, JACKSON, JENNINGS, JOHNSON, LAWRENCE, MARTON, MARTIN, MONROE, MORGAN, ORANGE, AND SHELBY COUNTIES Rates Fringes PAINTER BRIDGE WORK Brush & Roller .............$ 29.70 12.30 Spray, Sandblaster, Waterblaster, Lead Based Paint Abatement ............ $ 29.70 12.30 Brush, Roller ...............$ 24.43 12.35 Spray and Sand -Blasting ..... ---------------------------------------------------------------- $ 25.43 12.35 PAIN0080-001 06/01/2014 BENTON, CARROLL, CASS, CLINTON, FOUNTAIN, MONTGOMERY TIPPECANOE AND WARREN COUNTIES Rates Fringes PAINTER Brush and Roller ............ $ 23.85 13.80 Spray and Sandblasting ...... $ 24.85 13.80 ---------------------------------------------------------------- PAIN0091-007 06/01/2014 ELKHART, FULTON, KOSCIUSKO AND MARSHALL COUNTIES Rates Fringes PAINTER Brush & Roller, Drywall Taping & Finishing, Vinyl/Paper Hanging ......... $ 26.32 12.75 Spray .......................$ 26.82 12.75 ---------------------------------------------------------------- PAIN0118-005 06/01/2014 CLARK, CRAWFORD, FLOYD, HARRISON 3EFFERSON, SCOTT AND WASHINGTON COUNTIES Rates Fringes Painters: Brush, Roller & Paperhanger.$ 22.93 12.02 Spray, Sandblast & Waterblast..................$ 23.93 12.02 ---------------------------------------------------------------- PAIN0156-001 04/01/2015 DAVIESS, DUBOIS, GIBZSON, KNOX, PERRY, PIKE, POSSEY, SPENCER, VANDERBURGH, AND WARRICK COUNTIES Rates Fringes Painters: BRUSH & ROLLER OF MASTICS, CREOSOTES, KEWINCH KOATE, & COAL TAR EPDXY ............ $ 28.60 12.95 BRUSH & ROLLER ..............$ 27.60 12.95 DRYWALL FINISHERS ........... $ 27.85 12.95 SPRAY of MASTICS CREOSOTES, KWINCH KOATE, COAL TAR EPDXY ..............$ 29.60 12.95 SPRAY, SANDBLAST, POWER TOOLS, WATERBLAST & STEAM CLEANING ............. ......$ 28.60 12.95 ---------------------------------------------------------------- PAIN0197-001 06/01/2013 CLAY, GREENE, OWEN, PARKE, PUTNAM, SULLIVAN, VERMILLION AND VIGO COUNTIES: Rates Fringes Painters: Brush & Roller ..............$ 24.95 11.51 Sandblasting ................$ 26.95 11.51 Spray & Pot Man .............$ 25.45 11.51 Steel up to 30... ..........$ ---------------------------------------------------------------- 25.95 11.51 PAIN0387-004 11/01/2014 DEARBORN, FRANKLIN, OHIO, RIPLEY, and SWITZERLAND COUNTIES Rates Fringes GLAZIER ..........................$ 25.00 12.60 ---------------------------------------------------------------- PAIN0460-004 06/01/2014 JASPER, NEWTON, PULASKI, STARKE AND WHITE COUNTIES Rates Fringes Painters: Brush & Roller ..............$ 33.99 21.28 Drywall Taping & Finishing..$ 34.79 21.28 ---------------------------------------------------------------- PAIN0469-002 07/01/2013 ADAMS, ALLEN, DEKALB, GRANT, HUNTINGTON, LAGRANGE, NOBLE, STEUBEN, WABASH, WELLS, and WHITLEY COUNTIES Rates Fringes Painters: 101' & over .................$ 22.31 11.57 31' - 60....................$ 21.71 11.57 61' - 100...................$ 22.11 11.57 Brush, Roller, Paperhanger, & Drywall Finishing ...................$ 20.86 11.57 Lead Abatement ..............$ 25.86 11.57 Spray & Sandblast Pot Tenders and Ground Personnel ...................$ 21.76 11.57 Spray, Sandblast, Power Tools, Waterblast, & Steam Cleaning ....................$ ---------------------------------------------------------------- 21.86 11.57 PAIN0669-001 04/01/2015 BLACKFORD, DELAWARE, FAYETTE, FRANKLIN, HENRY, HOWARD, JAY, MADISON, MIAMI, RANDOLPH, RUSH, TIPTON, UNION and WAYNE COUNTIES Rates Fringes Painters: Brush; Roller; Paperhanging; Drywall Finishers ...................$ 20.50 11.39 Spray/Waterblasting; Sandblasting ................$ 21.50 11.39 ---------------------------------------------------------------- PAIN1165-014 07/01/2015 CLARK, CRAWFORD, DAVIESS, DUBOIS, FLOYD, GIBSON, HARRISION, JEFFERSON, KNOX, MARTIN, ORANGE, PERRY, PIKE, POSEY, SCOTT, SPENCER, VANDERBURGH, WARRICK AND WASHINGTON a Rates Fringes GLAZIER ..........................$ 27.23 13.67 ---------------------------------------------------------------- PAIN1165-017 07/01/201S ADAMS, ALLEN, BLACKFORD, DE KALB, GRANT, HUNTINGTON, JAY, NOBLE, STEUBEN, WABASH, WELLS AND WHITLEY COUNTIES Rates Fringes GLAZIER ................... ......$ 22.90 12.47 ---------------------------------------------------------------- PAIN116S-018 07/01/2015 JASPER and NEWTON (East of Highway #41) COUNTIES Rates Fringes GLAZIER .................... .. ..$ 33.25 19.84 ---------------------------------------------------------------- PAIN1165-019 07/01/2015 ELKHART, FULTON, KOSCIUSKO, LAGRANGE, MARSHALL, PULASKI, and STARKE COUNTY Rates Fringes GLAZIER ..........................$ 25.66 14.40 ---------------------------------------------------------------- PAIN1165-022 07/01/2015 BARTHOLOMEW, BENTON, BOONE, BROWN, CARROLL, CASS, CLAY, CLINTON, DECATUR, DELEWARE, FAYETTE, FOUNTAIN, GREENE,HAMILTON, HANCOCK, HENDRICKS, HENRY, HOWARD, JACKSON, JENNINGS, JOHNSON, LAWRENCE, MADISON, MARION, MIAMI, MONROE, MONTGOMERY, MORGAN, OWEN, PARKE, PUTNAM, RANDOLPH, RUSH, SHELBY, SULLIVAN, TIPPECANOE, TIPTON, UNION, VIGO, VERMILLION, WARREN, WAYNE, and WHITE COUNTIES Rates Fringes GLAZIER ..........................$ 26.26 14.52 ---------------------------------------------------------------- PLAS0075-001 06/01/2014 CLAY, OWEN, PARKE, PUTNAM, VERMILLION AND VIGO COUNTIES: Rates Fringes CEMENT MASON/CONCRETE FINISHER ... $ 25.25 11.75 ---------------------------------------------------------------- PLAS0101-001 06/01/2014 FULTON AND MARSHALL COUNTIES; PULASKI COUNTY (SOUTHERN 1/2): T-- - -- - . Rates Fringes CEMENT MASON/CONCRETE FINISHER ... $ 30.57 11.50 ---------------------------------------------------------------- PLAS0101-003 06/01/2014 ADAMS, ALLEN, DEKALS, HUNTINGTON, NOBLE, STEUBEN, WELLS AND WHITLEY COUNTIES Rates Fringes CEMENT MASON/CONCRETE FINISHER ... $ 23.38 11.94 PLASTERER ........................$ 25.69 11.75 ---------------------------------------------------------------- PLASO438-003 06/01/2014 PULASKI (NOTHERN 2/3), JASPER (N. EASTERN PORTION OF WEST TO BUT NOT INCLUDING WHEATFIELD), ALL OF STARKE COUNTY Rates Fringes CEMENT MASON/CONCRETE FINISHER ... $ 36.01 22.15 ---------------------------------------------------------------- PLAS0692-002 06/01/2014 AREA #46 BARTHOLOMEW, BOONE, BROWN, CLARK, CLAY, CRAWFORD, DAVIESS, DUBOIS, GIBSON, HENDRICKS, JACKSON, JEFFERSON, JENNINGS, JOHNSON, KNOX, LAWRENCE, MARION, MARTIN, MONROE, MORGAN, ORANGE, OWEN, PARKE, PERRY, PIKE, POSEY, PUTNAM, SCOTT, SHELBY, SPENCER, VANDERBURGH, VERMILLION, VIGO and WARRICK COUNTIES Rates Fringes PLASTERER ........................$ 25.04 12.98 ---------------------------------------------------------------- PLAS0692-009 07/01/2014 AREA #83 BLACKFORD, DELAWARE, GRANT, HAMILTON (Northern Part), HANCOCK (Northern Part), JAY, MADISON and WABASH COUNTIES Rates Fringes CEMENT MASON/CONCRETE FINISHER ... $ 25.00 12.44 PLASTERER ........................$ 25.69 11.75 ---------------------------------------------------------------- PLAS0692-011 07/01/2014 AREA #83 DECATUR, FAYETTE, FRANKLIN, HENRY, RANDOLPH, RUSH, UNION and WAYNE COUNTIES i Rates Fringes CEMENT MASON/CONCRETE FINISHER ... $ 25.00 12.44 PLASTERER ........................$ 25.69 11.75 ---------------------------------------------------------------- PLAS8692-015 06/01/2014 AREA #121 BENTON, CARROLL, CASS, CLINTON, FOUNTAIN, HOWARD, MIAMI, MONTGOMERY, TIPPECANOE, WARREN, WHITE and VERMILLION (Northern Part) COUNTIES Rates Fringes CEMENT MASON/CONCRETE FINISHER ... $ 25.85 14.60 PLASTERER ........................$ 26.66 14.50 ---------------------------------------------------------------- PLAS0692-018 06/01/2013 AREA #165 NEWTON COUNTY Rates Fringes CEMENT MASON/CONCRETE FINISHER ... $ 38.33 20.18 ---------------------------------------------------------------- PLAS0692-022 06/01/2013 Southward on Rt. No. 49 to the JASPER, BENTON and WHITE County lines, including the City Limits of Wheatfield, Rensselaer and Remington, Indiana. To the West, the boundary of NEWTON County Rates Fringes CEMENT MASON/CONCRETE FINISHER AREA #406...................$ 36.16 22.35 ---------------------------------------------------------------- PLAS0692-023 06/01/2013 AREA #532 BOONE, HAMILTON (SOUTH HALF OF COUNTY NORTH TO NEW ROUTE INDIANA #32 INCLUDING NOBLESVILLE); HANCOCK COUNTY (SOUTHERN AND WESTERN PART OF HANCOCK COUNTY, NORTH TO BUT NOT INCLUDING FORTVILLE); HENDRICKS, JOHNSON, MARIIN and MORGAN COUNTIES Rates Fringes CEMENT MASON/CONCRETE FINISHER ... $ 26.00 14.00 ---------------------------------------------------------------- PLAS0692-027 04/01/2013 AREA #566 CRAWFORD, DAVIESS, DUBOIS, GIBSON, HARRISON, KNOX, MARTIN, PERRY, PIKE, POSEY, SPENCER, VANDERBURGH and WARRICK COUNTIES s Rates Fringes CEMENT MASON/CONCRETE FINISHER ... $ 24.75 14.41 ---------------------------------------------------------------- PLAS0692-033 05/01/2013 BROWN, CLARKE, DEARBORN, FLOYD, FRANKLIN (SOUTHERN 1/2), JENNINGS, OHIO, RIPLEY AND SWITZERLAND COUNTIES Rates Fringes CEMENT MASON/CONCRETE FINISHER AREA #821...................$ 23.58 11.64 ---------------------------------------------------------------- PLUM0136-003 07/01/2015 DAVIESS, DUBOIS, GIBSON, JACKSON, LAWRENCE, MARTIN, MONROE, ORANGE, OWEN, PERRY, PIKE, POSEY, SPENCER, VANDERBURGH, and WARRICK COUNTIES Rates Fringes Plumbers and Pipefitters......... $ 35.11 16.17 ---------------------------------------------------------------- PLUM0157-002 07/01/2015 BENTON, CARROLL, CLINTON, FOUNTAIN, MONTGOMERY, WARREN AND WHITE COUNTIES: Rates Plumbers and Pipefitters......... $ 36.73 14.48 ---------------------------------------------------------------- PLUM0166-001 07/01/2013 ADAMS, ALLEN, BLACKFORD, DE KALB, GRANT, HUNTINGTON, NOBLE, STEUBEN, WABASH, WELLS, and WHITLEY COUNTIES Rates Plumber and Steamfitter.......... $ 29.86 14.91 ---------------------------------------------------------------- PLUM0166-002 07/01/2013 ELKHART, KOSCIUSKO, and LAGRANGE COUNTIES Rates PLUMBER ..........................$ 29.86 14.91 ---------------------------------------------------------------- PLUM0172-001 06/03/2013 JASPER (S of the N. Side of the City of Rensselear), MARSHALL, PULASKI and STARKE COUNTIES r_. s Rates Fringes Plumber, Pipefitter, Steamfitter ......................$ 30.50 17.53 ---------------------------------------------------------------- PLUM0210-003 06/01/2015 JASPER (to the City of Rensselaer) and NEWTON COUNTIES Rates Fringes PLUMBER ..........................$ 38.37 21.36 ---------------------------------------------------------------- PLUM0392-006 06/01/2014 DEARBORN, RIPLEY, OHIO AND SWITZERLAND COUNTIES Rates Fringes Plumbers and Pipefitters......... $ 29.80 17.79 ---------------------------------------------------------------- PLUM0440-002 12/01/2013 BARTHOLOMEW, BOONE, HAMILTON, HANCOCK, HENDRICKS, HOWARD, JOHNSON AND MARION COUNTIES; MIAMI COUNTY (SOUTH OF A STRAIGHT LINE WHERE ROUTE 218 ENTERS W. BOUNDARY); MORGAN, SHELBY and TIPTON COUNTIES Rates Fringes Plumbers and Pipefitters......... $ 34.07 15.34 ---------------------------------------------------------------- PLUM0440-004 12/01/2013 FAYETTE, FRANKLIN, HENRY, RANDOLPH, RUSH, UNION and WAYNE COUNTIES Rates Fringes Plumber and Steamfitter.......... $ 34.07 15.34 ---------------------------------------------------------------- PLUM0502-001 08/01/2013 CLARK, FLOYD AND HARRISON COUNTIES Rates Fringes PLUMBER/PIPEFITTER...............$ 32.00 17.17 ---------------------------------------------------------------- PLUM0597-004 06/01/2015 JASPER (Excluding the city limits of Rensselear), AND NEWTON (Entire County) Rates Fringes PIPEFITTER .......................$ 47.00 28.19 ---------------------------------------------------------------- ROOF0023-004 06/01/2015 ELKHART, FULTON, KOSCIUSKO, LAGRANGE, MARSHALL, PULASKI, and STARKE COUNTIES Rates Fringes ROOFER COMPOSITION .................$ 27.61 13.60 SLATE & TILE ................$ 28.11 13.60 ---------------------------------------------------------------- ROOF0023-008 06/01/2015 ALLEN, DEKALB, NOBLE, STEUBEN, and WHITLEY COUNTIES Rates Fringes ROOFER COMPOSITION .................$ 20.33 8.76 SLATE & TILE ................$ 20.83 8.76 ---------------------------------------------------------------- ROOF0106-006 07/01/2012 CRAWFORD, DAVIESS, DUBOIS, GIBSON KNOX, MARTIN, ORANGE PERRY, PIKE, POSEY, SPENCER, VANDERBURGH AND WARRICK Rates Fringes Roofers: COMPOSITION .................$ 26.96 13.01 SLATE & TILE ................$ 27.46 13.01 ---------------------------------------------------------------- ROOF0150-002 07/01/2012 CLAY, GREENE, OWEN, PARKE, SULLIVAN, VERMILLION AND VIGO COUNTIES Rates Fringes ROOFER ...........................$ 26.50 10.07 ---------------------------------------------------------------- SHEE0020-003 07/01/201S ADAMS, ALLEN, BLACKFORD, CASS, DEKALB, GRANT, HOWARD, HUNTINGTON, JAY, MIAMI, NOBLE, STEUBEN, WABASH, WELLS, and WHITLEY COUNTIES Rates Fringes Sheet metal worker (HVAC Duct Work) ............................$ 29.92 21.97 ---------------------------------------------------------------- SHEE0020-010 07/01/2015 BARTHOLOMEW, BOONE, BROWN, DECATUR, DELAWARE, FAYETTE, FRANKLIN, HAMILTON, HANCOCK, HENDRICKS, HENRY, JACKSON, JENNINGS, JOHNSON, LAWRENCE, MADISON, MARTON, MONROE, MORGAN, ORANGE, RIPLEY, RUSH, SHELBY, TIPTON, UNION AND WASHINGTON COUNTIES Rates Fringes Sheet metal worker ...............$ 32.72 20.62 ---------------------------------------------------------------- SHEE0020-024 07/01/2015 CLAY, GREENE, MARTIN, OWEN, PARKE, PUTNAM, SULLIVAN, VERMILLION, and VIGO COUNTIES Rates Fringes Sheet metal worker ...............$ 32.40 19.92 ---------------------------------------------------------------- TEAM013S-003 04/01/2015 REMAINING COUNTIES Rates Fringes TRUCK DRIVER GROUP 1 .....................$ 27.41 13.99 GROUP 2 .....................$ 27.46 13.99 GROUP 3 .....................$ 27.51 13.99 GROUP 4 .....................$ 27.S6 13.99 GROUP 5 .....................$ 27.61 13.99 GROUP 6 .....................$ 27.66 13.99 GROUP 7 .....................$ 27.71 13.99 GROUP 8 .....................$ 27.76 13.99 GROUP 9 .....................$ 27.81 13.99 GROUP10 .....................$ 27.26 13.99 GROUPII .....................$ 27.81 13.99 GROUP12 .....................$ 27.91 13.99 TRUCK DRIVER CLASSIFICATIONS GROUP 1: Single/batches axle straight trucks; Batch trucks, wet or dry 3 (34E) axle or less; Single axle Grease and maintenance truck GROUP 2: Single axle fuel and water trucks GROUP 3: Single axle "dog -legs", and tandem truck or dog- legs; Winch trucks or A -frames when used for transportation purposes; Drivers on batch trucks, wet or dry over 3 (34E) batches and tandem axle grease and maintenance truck GROUP 4: Tandem axle fuel trucks; tandem axle water trucks; butuminous distributors (two -man) GROUP 5: Tandem trucks over 15 tons payload; Single axle semi trucks; Farm tractors hauling material; Mixer trucks (all types); Trucks pulling tilt -top trailer single axle; Single axle low- boys; Truck -mounted pavement breakers GROUP 6: Tandem trucks or "dog -legs"; Semi -water Truck; Sprinkler Truck; Heavy equipment -type water wagons, 5,000 gallons and under; butuminous distributors (one-man) GROUP 7: Tri-axle trucks; Tandem axle semi trucks; Equipment when not self -loaded or pusher loaded, such as Koehring or similar dumpsters, track trucks, Euclid bottom dump and hug bottom dump, tournatrailers, tournarockers, Acey wagons or for similar equipment (12 cu yds or less); Mobile mixer truck; Tandem Axle trucks pulling tilt -top trailer; Tandem - Axle lowboy; Tri- Axle batch Truck; Tri-Axle grease and maintenance truck GROUP 8: Tandem -tandem semi trucks; Truck mechanics and welders; Heavy equipment -type water wagon over 5,000 gallons; Tri-Axle Trucks pulling tilt -top trailer; Low -boys, tandem -tandem axle GROUP 9: Low -boys, tandem tri-axle; Acey wagons up to and including 3 buckets; Equipment when not self -loaded or pusher loaded, such as koehring or similar dumpsters, Track Trucks, Euclid bottom dump and hug bottom dump, Tournatrailers, Tournarockers, Acey wagons or for similar equipment (over 12 cu yds.) GROUP 10: Pick-up trucks GROUP 11: Helpers; Greasers; Tire men; Batch board tenders; Warehouseman GROUP 12: Acey wagon (over 3 buckets); Quad Axle Trucks; Articulating Dump ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2O12-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling on survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION FEDERAL CONSTRUCTION CONTRACT PROVISIONS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM OFFICE OF COMMUNITY AND RURAL AFFAIRS ONE NORTH CAPITOL, SUITE 600 INDIANAPOLIS, IN 46204-2288 Revised September 2013 TABLE OF CONTENTS SECTION 1 GENERAL INFORMATION Page # Bonding Requirements 1 Retainage 1 Change Orders 1 Conflict of Interest 1 Code of Conduct 1 Record Retention 1 Access to Records 1 Contract Provisions 2 Certification Regarding Use of Contract Funds for Lobbying 2 SECTION 2 EQUAL EMPLOYMENT OPPORTUNITY REGULATIONS Nondiscrimination 3 EEO Officer 3 Dissemination of EEO Policy 3 Recruitment of Employees 4 Selection of Subcontractors, Procurement of Materials and Leasing of Equipment 4 EEO Records and Reports 4 Nonsegregated Facilities 4 Falsification of Documents 5 Section 3 5 Office of Federal Contract Compliance Programs (OFCCP) 5 SECTION 3 FEDERAL LABOR STANDARDS REGULATIONS Regulations 6 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion 6 Instructions for Certification Lower Tier Covered Transactions 7 Payment of Prevailing Wages g Personnel Actions g Conformance Rates g Payment of Fringe Benefits 9 Apprentice Participation g Overtime Requirements g Withholding Payments g Violations and Liability 10 Statements and Payrolls 10 SECTION 4 HEALTH AND SAFETY Safety and Accident Prevention 11 Implementation of Clean Air & Water Act(s) 11 Note: This document is to be used as a guide for contractors and subcontractors working on Community Development Block Grant projects in the State of Indiana. It is not verified to be all inclusive and the contractor is fully responsible for complying with all federal regulations applicable to the CDBG program. SECTION 5 REQUIRED POSTERS (OSHA Safety and Health Protection on the Job Notice to All Employees working on Federally Financed Construction Projects Equal Employment Opportunity is The Law Federal Fair Housing Law Employee Polygraph Protection Act SECTION 6 FORMS AND EXHIBITS SECTION 3 Compliance Report Federal Labor Standards Provisions (HUD-4010) Contractor's Certification Subcontractor's Certification Wage/Fringe Benefit Certification Certified Payroll Form (WH-347) Certified Payroll Form (WH-348) Instructions for Completing Certified Payroll Form Required Contract Provisions Federally -Assisted Construction Contracts SECTION 1 General Information BONDING REQUIREMENTS: IC 36-1-12-4.5, IC 36-1-12-13.1, IC 361-12-14 e The minimum requirements for contracts exceeding $100,000 for construction shall be as follows: 1. A Bid Bond or a certified check shall be filed with each bid equivalent to 5% of the bid price as assurance that the bidder will, upon acceptance of their bid, execute such contractual documents as may be required within the time specified. 2. A Performance Bond for 100% of the contract price to assure fulfillment of the contractor's obligations under the contract. 3. A Payment Bond for 100% of the contract price to assure payment of all persons supplying labor and material in the execution of the work provided for in the contract. NOTE: The Bid Bond must be submitted with the bid and the Performance Bond and Payment Bond must be provided to the project owner before construction begins on the project. RETAINAGE: IC 36-1-12-14 Public work contracts in excess of $100,000 require the retainage of 5% of the dollar value of all work satisfactorily completed by the contractor(s). The escrow agent shall be selected by mutual agreement between the board of the awarding agency and the contractor(s). The contractor shall be paid in full within sixty one (61) days after the date of substantial completion. If upon substantial completion of the public work there remain uncompleted minor items, an amount equal to two hundred percent (200%) of the value of each item as determined by the architect/engineer shall be withheld until the item is completed. CHANGE ORDERS: IC 36-1-12-18 A change order may not be issued before commencement of the actual construction except in the case of an emergency. In such a case, the board of awarding agency must make a declaration and the board's minutes must show the nature of the emergency. The total of all change orders issued that increase the scope of the project may not exceed twenty percent (20%) of the amount of the original contract. A change order issued as a result of circumstances that could not have been reasonably foreseen does not increase the scope of the project. All change orders must be prepared by the project engineer or architect and approved and signed by the board of the awarding agency and the contractor. All change orders must be directly related to the original public work project. CONFLICT OF INTEREST: 24 CFR 570.611 In the procurement of supplies, equipment, construction and/or services by recipients and subrecipients, any conflict of interest is prohibited. No persons who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted under this part or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest in any contract, subcontract, or agreement with respect to a CDBG-assisted activity, or with respect to the proceeds of the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter. CODE OF CONDUCT: 24 CFR 84.42 The recipient of CDBG grant funds shall maintain written standards of conduct governing the performance of employees engaged in the award and administration of contracts stating that no employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by Federal funds if a real or apparent conflict of interest would be involved. RECORD RETENTION: 24 CFR 85.42 Financial records, supporting documents, statistical records and all other records pertinent to a grant shall be retained for a period of five years. If any litigation, claim, negotiation, audit or other action is started before the expiration of the five-year period, the records shall be retained until all litigations, claims or audit findings involving the records have been resolved. The retention period starts from the date of the submission of the final expenditure report or, from the date of the submission of the annual financial status report covering the last expenditure of grant funds for that year. ACCESS TO RECORDS: 24 CFR 85.42-e The awarding agency and the Comptroller General of the United States, or any of their authorized representatives, shall have the right of access to any pertinent books, documents, papers or other records which are pertinent to the grant in order to make audits, examinations, excerpts and transcripts. The right of access in this section must not be limited to the required retention period but shall last as long as the records are retained. a. � l i:�� 1 i i _� L 1., y,,..;� i. A Required Contract Provisions Federally -Assisted Construction Contracts CONTRACT PROVISIONS: In addition to provisions defining a sound and completed procurement contract, any recipient of federal funds shall include the following: Contracts other than small purchases shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. All contracts in excess of $25,000 shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. In addition, such contract shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. Contracts, subcontracts, and subgrants of amounts in excess of $100,000 shall contain a provision which requires compliance with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857 (h)), Section 508 of the Clear Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR, Part 15), which prohibit the use under non-exempt federal contracts, grants or loans of facilities included on the EPA List of Violating Facilities. The provision shall require reporting of violations to the grantor agency and to the US EPA Administrator for Enforcement (EN-329). These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract that may in turn be made. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. A breach of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING: (Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 —49 CFR 20) The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed with this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000, and that all such recipients shall certify and disclose accordingly. Any and all contractors, subcontractors, independent contractors, suppliers, facilitators or any person participating in any program or activity receiving federal financial assistance shall: Required Contract Provisions Federally -Assisted Construction Contracts a. Prohibit discrimination based on race, color or national origin under Title VI of the Civil Rights Act of 1964; b. Prohibit discrimination on the basis of sex under Title VII of the Civil Rights Act of 1964 and amended by the Equal Employment Opportunity Act of 1972; c. Prohibit discrimination on the basis of age under the Age Discrimination Act of 1975; d. Prohibit discrimination on the basis of disability under Section 504 of the Rehabilitation Act of 1973; e. Take affirmative action to employ and advance qualified disabled people under Section 503 of the Rehabilitation Act of 1973; f. Promote and insure equal opportunity for all persons, without regard to race, color, religion, sex, or national origin under Executive Order 11246 as Amended; g. Display posters which summarize the Federal laws prohibiting job discrimination based on race, color, sex, national origin, religion, age, equal pay and disability, h. Prohibit discrimination based on disability under the Americans with Disabilities Act of 1990; 1. Assure that all buildings assigned for public use be designed, constructed and altered so as to be accessible to and usable by persons with physical disabilities under the Architectural Barriers Act of 1968; and j. Avoid maintaining or providing any segregated facilities. Any and all contractors, subcontractors, independent contractors, suppliers, facilitators or any person participating in any program or activity receiving federal financial assistance shall: Comply with the provisions for the elimination of Lead - Based paint hazards under 24 CFR Part 35; Take all necessary precautions to guard against damages to property and injury to persons. SECTION 2 Eaual Employment Opportunity Regulations NONDISCRIMINATION: (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more) Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contractor Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.D. 12101 et sea.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO. The contractor will work with the awarding agency and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. The contractor will accept as his operating policy the following statement: "it is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: 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, preapprenticeship, and/or on-the-job training." EEO OFFICER: The contractor will designate and make known to the awarding agency an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. DISSEMINATION OF POLICY: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to 3 Required Contract Provisions Federally -Assisted Construction Contracts provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO officer. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority employees. Notices and posters identifying the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. RECRUITMENT OF EMPLOYEES: When advertising for employees, the contractor will include in all advertisements for employees the notation: "Art Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. in the event the contractor has a valid bargaining agreement providing for exclusive hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementations of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. SELECTION OF SUBCONTRACTORS, PROCUREMENT OF MATERIALS AND LEASING OF EQUIPMENT: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. Disadvantaged business enterprises (DBE) as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. EEO RECORDS AND REPORTS: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives. The records kept by the contractor shall document the following: The number of minority and non -minority group members and women employed in each work classification on the project; The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. NONSEGREGATED FACILITIES: Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more. By the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, all parties certify that the firm does not maintain or provide for its employees any segregated facilities at any of its Required Contract Provisions Federally -Assisted Construction Contracts establishments, and that the firm does not permit its employees to perform their services at any location under its control, where segregated facilities are maintained. The contractor agrees that a breach of this certification is a violation of the EEO provisions of this contract. The contractor further certifies that no employee will be denied access to adequate facilities on thb basis of sex or disability. As used in this certification, the term "segregated facilities" refers to facilities provided for employees which are segregated by explicit directive, or on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override, (e.g. disabled parking). The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. FALSIFICATION OF DOCUMENTS: The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. The contractor or subcontractor shall make the records required available for inspection, copying, or transcription by authorized representatives of the awarding agency or the DOL, 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 awarding agency, HUD or DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions 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 of debarment action pursuant to 29 CRF 5.12. SECTION 3 The purpose of Section 3 requires that recipients of HUD funds and their contractors and subcontractors provide jobs and other economic opportunities to low-income persons. The CDBG project service area for Section 3 compliance will be the nonmetropolitan county. Contractors and subcontractors participating in federally - assisted projects are required to track and report their activity relative to the hiring and training of low and moderate income persons and the use of local businesses owned by low-income persons. This information must be reported by all contractors and subcontractors, whose contract is $100,000 or greater, prior to project completion utilizing the "Section 3 Compliance form". All Section 3 covered contracts shall include the following Section 3 clause: "The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (Section 3). The parties to this contract agree to comply with this Section and certify that they are under no contractual or other impediment that would prevent them from complying with these regulations. The contractor agrees to notify each labor organization or representative workers with which the contractor has a collective bargaining agreement of the contractor's commitments under this Section 3 clause and include this clause in every subcontract subject to compliance with the Section 3 regulations. The contractor will certify that any vacant employment positions, including training positions, that are filled after the contractor is selected but before the contract is executed with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractors obligations under this section of the Code of Federal Regulations. Noncompliance with HUD's regulations in this Part may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts." OFFICE OF FEDERAL CONTRACT COMPLIANCE (OFCCP) For federally assisted construction contracts, the OFCCP administers and enforces Executive Order 11246, as amended. This Order prohibits discrimination and requires affirmative action to ensure equal employment opportunity without regard to race, color, sex, religion and/or national origin; and the implementing regulations at 41 CFR Parts 60-1 through 60-50. Generally, all contractors and subcontractors holding non- exempt federally assisted construction contracts and subcontracts exceeding $10,000 must comply with Executive Order 11246. A "Notice of Requirement for Affirmative Action.to Ensure Equal Employment Opportunity" (Executive Order 11246) is to be included in the bid solicitations for all federally assisted construction contracts and subcontracts in excess of $10,000. The Notice, which is published at 41 CFR 60-4.2, informs the contractor/bidder of the affirmative action requirements imposed under Executive Order 11246, including the specified goals for minority and female participation. Covered federally assisted construction contracts and subcontracts must incorporate the equal opportunity clause found at 41 CFR 60-1.4(b). The equal opportunity clause may be expressly included in each contract or subcontract or incorporated by reference. Importantly, the equal opportunity clauses are deemed to be a part of every covered construction contract and subcontract 5 Required Contract Provisions Federally -Assisted Construction Contracts even if they are not physically incorporated in the contract documents. In addition to the equal opportunity clauses, federally assisted construction contracts and subcontracts in excess of $10,000 must include the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" which are found at 41 CFR 60-4.3. The specifications describe the affirmative action obligations and set forth the specific affirmative action steps the construction contractor must implement in order to make a good faith effort to achieve the goals for minority and female participation that were listed in the bid solicitation. Additional information regarding OFCCP Compliance may be found at www.dol.gov/esa/OFCCP or, at 1-800-397-6251. The Indiana office is located at 46 East Ohio Street, Suite 419, Indianapolis, IN 46204 and phone number is 317-226-5860. SECTION 3 Federal Labor Standards Reeulations Any and all contractors, subcontractors, independent contractors, suppliers, facilitators or any person participating in any program or activity receiving federal financial assistance shall: Comply with federal labor standards regulations as follows: 1. Davis -Bacon Act 2. Contract Work Hours and Safety Standards Act 3. Copeland Act (Anti -Kickback Act) 4. Fair Labor Standards Act The U. S. Department of Labor has published rules and regulations corresponding to the above regulations at Title 29 CFR Parts 1, 3, 5, 6 and 7. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION PRIMARY COVERED TRANSACTIONS: (Applicable to all Federal -aid contracts 49 CFR 29) By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier covered transaction", "participant", "person", "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the non -procurement portion of the "Lists of Parties Excluded from Federal Procurement or Non - procurement Programs" (Non -procurement List) which is compiled by the General Services Administration. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. If a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies Required Contract Provisions Federally -Assisted Construction Contracts available to the Federal Government, the department or agency may terminate this transaction for cause or default. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; Have not within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement, or receiving stolen property. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) With commission of any of the offenses enumerated in this certification; and Have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION APPLICABLE TO ALL SUBCONTRACTS, PURCHASE ORDERS AND OTHER LOWER TIER TRANSASTIONS OF $25,000 OR MORE By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "participant," "person," "principal," 'proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contract the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non -procurement List. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. If a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 7 7X` 417.;T � i __!.(.1_ Required Contract Provisions Federally -Assisted Construction Contracts PAYMENT OF PREVAILING WAGES: Applicable to all Federal -aid (CDBG) construction contracts exceeding $2,000 and to all related subcontracts: All mechanics and laborers 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 (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c) the full amounts of wages and bona fide fringe benefits or cash equivalents thereof due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor, hereinafter called "the wage determination", which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination 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. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1 (b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid. 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. 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. All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29 CFR 1, 3 and 5 are herein incorporated by reference in this contract. PERSONNEL ACTIONS: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. CONFORMANCE RATES: The awarding agency shall require that any class of laborers or mechanics employed under the contract which is not listed in the wage determination shall be classified in conformance with the wage decision. An additional classification, wage rate and fringe benefits may be approved only when the following criteria have been met: (1) The work to be performed by the additional classification is not performed by any other classification in the wage determination; (2) The additional classification is utilized in the area by the construction industry; (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. If the contractor or subcontractor, laborers and mechanics, awarding agency and the contracting officer agree on the classification and conformance wage rate including the amount designated for fringe benefits where appropriate, the conformance rates shall be paid to ail workers performing work in that classification from the first day on which work is performed in the classification. In the event the contractor or subcontractors, laborers and mechanics, awarding agency 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 (OCRA Labor Standards Compliance Required Contract Provisions Federally -Assisted Construction Contracts Officer) shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting agency or will notify within the 30-day period that additional time is necessary. Any work performed during the waiting period will be paid at the base wage and fringe benefit amount conditionally assigned by the contracting officer until a conformance rate is assigned by the Wage and Hour Administrator. PAYMENT OF FRINGE BENEFITS: 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 or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. If the contractor or subcontractor does not make payments to a trustee or other third person, he/she may consider as a 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. APPRENTICE PARTICIPATION: Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program duly registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau. The allowable ratio of apprentices to journeyman -level employees 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 employee 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 listed in 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 or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the rations and wage rates (expressed in percentages of the journeyman -level 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 journeyman - level 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 for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. OVERTIME REQUIREMENTS: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of labors, mechanics, watchmen, or guards (including apprentices) shall require or permit any laborer, mechanic, watchman, guard or apprentice in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, guard or apprentice receives compensation at a rate not less than one -and -one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. WITHHOLDING PAYMENT FOR UNPAID WAGES: The awarding agency shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor 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, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics 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 employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, 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. Required Contract Provisions Federally -Assisted Construction Contracts VIOLATIONS AND LIABILITY FOR UNPAID WAGES AND LIQUIDATED DAMAGES: In the event of any violation of the requirements set forth in this document, the contractor and any subcontractor responsible for the violation shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. STATEMENTS AND PAYROLLS: Applicable to all Federally -assisted construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt. The Contractor shall comply with the Copeland Regulations of the Secretary of Labor. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, watchmen, helpers and guards working at the site of the work. The payroll records shall contain the name and last four digits of the social security number of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(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 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)(13) of the Davis Bacon Act, the contractor and subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices under approved programs shall maintain written evidence of the registration of apprentices and ratios and wage rates prescribed in the applicable programs. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the awarding agency or an agent thereof, a certified payroll report of wages paid each of its employees. The payroll submitted shall set out accurately and completely all of the information required to be maintained. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1), U.S. Government Printing Office, Washington D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: That the payroll for the payroll period contains the information required to be maintained and that such information is correct and complete; That such laborer or mechanic 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 set forth in the Regulations, 29 CFR 3; That each laborer or mechanic has been paid not less than the applicable wage rate and fringe benefits or cash equivalent for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. 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". 10 Required Contract Provisions Federally Assisted Construction Contracts SECTION 4 Health and Safetv SAFETY AND ACCIDENT PREVENTION: In the performance of this contract the contractor shall comply with all applicable Federal, State and local laws governing safety, health and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the awarding agency may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3333). Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT: (Applicable to all Federally assisted construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et sea., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et sea., as amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U. S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. That the firm shall promptly notify the awarding agency of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. That the firm agrees to include or cause to be included the requirements of this Section in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements. 11 AIA Document A310T"" - 2010 CONTRACTOR: (Nance, legal status and address) Muhlenkamp Building Corp. 200 E. Vine Strut Coldwater, OH 45828 OWNER: (Arame, legal status and address) City of Richmond, Indiana 50 North 5th Street, Richmond, IN 47374 SURETY: (Arame, legal status and principal place of business) Ohio Farmers Insurance Company Vti " .'•,I i1. L11v �. �. iJi., it lam.. a � Perrysburg, OH 43551 BOND AMOUNT: Five Percent of the Attached Bid (5%) PROJECT: (Name, location or address, and Project number, if an)) Jack Elstro Plaza Project NO. 14.1341 - City of Richmond This rinnirrient teas imnortant leoai consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are Stich that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the j urisdietion of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof-, or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extents the time ;n which the Owner atay accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the ag.gregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 25th day of November, 2015 Muhlenkamp B 'ding Corp. /�� ►�/ (Prin ' al) (Seal) (Witness) — (Title) erryIuhlenk'K mp, President Ohio Farmers Insurance Company (Surety) (Seal) -��— (Title) Holly kO. Carver, Attorney -In -Fact AIA Document AM— - 2010. Copyright @ 1963, 1970 and 2010 by The American Institute o` Architects. All rights reserved. vvwtrnrvu: r ros — Document is protected try U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIO Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers are permitted to reproduce ten 110) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute o` Archi:ects' legal counsel, copynght@Xia.arg. 061110 ?OWER NO: 34181S2 01 General Westfield Insurance Co. Power of Attorney Westfield National Insurance Co. Ohio Farmers Insurance Co. CERTIFIED COPY Westrield Center, Ohio Knorr All A4en by i"nese Presents, That WESTPIELD INSURANCE COMPANY, in'ESTFIELD NATONA. INSURANCE =MPANY and OHIO F„RM=-RS !NSURANCE COMPANY, corporations, hereinafter refarred to indlvibijaliy as a 'Company" and col ecively as `Companies.' duly organized and existing under the laws of the Stare of Ohio, anc having its principal oflice in Westfield Center. Medina County, uric, do by these presents mare, constnute anc appoint DEtiklS G. JOHNSON, STEPHEN E. LAMPSON, JAMES N_ LORTiE, CATHERINE M, KRUEGER, HOLLY R. CARVER, JOINTLY OR SEVERALLY o' TOLEDO and State o' 61-1 Its true and lawful At<orneyls)in-Fact, with full rower and authority hereby corderrsd In Its name, pace and stead, to execute, acknowledge and deliver anY and all trends, reaagnizances, underraldngs, or *tier instruments or contracts of sluetysdtip- - - - - - • - - - - - - - - - - • • - - - - • • - - - - - - - - - - • - - - • - - • • - - - - - - • - - - - • - - - LiMITATlON: THIS POWER OF ATTORNEV CANNOT BE USED TO EXECUTE NOTE GUARANTEE, idOKTGA+G£ DEFICIENCY, MORTGAGE a llARANTEE, OR IM14K DEPO817ORY SONDS. a'rd to bind any of ;Ile Compar;;es thereby as filly anc to the same extent as if such bonds were siq;ted by the ?resident, sealed with the corporate s sal of the applicable Company and cult' attested by its Seaeta'y, hereby ratifying and onfirming all that the said Attorneys) -in ;-in--act may uo In lire pramises. Sa3c appointment is made under and by Authority of the following resolution adopted by the 3oard o' Dire,:m of each of the VIESTFIELD INSURANCE COMPANY, WE S T FIE':D NATIONAL iNSURANCE COMPANY and OHIC C FARMERS :NSURANCE OEAPAN.. 'Be 4 Rasofved, that the President, any Serlor Executive, any Secretary or any Fidelity & Surety Operations Executive or all xec Alwe shall be ant is heresy ve<ted with `ull poVJor and 3uthorty to appoint any one or more sul-ab'm psrsonz. as A.ttorr,eyis)-i-rPact to rep-eserit and act to - and on behalf of the Ccmciany sub ect to the foflowinq provisions Tne Attorney-fr.-Fact may be given lull power and authority for anc in Me name of and on behalf of the Company, to execute, ocknowialge ant del6wr, any and all tongs, recognizances, contracts, agr©ernsnts of fndemnfiy and other condltionsi or ablio41- ry uncsaekings and any and all notcas and doc.;ments canceling or terminating tre Companys liability tr:ereunder, and an such Instruments so executed by any Sw:$, F ;o-ney-in-Fay shall t a as binding upon :hp Compary ac If signed by the President and sealed and attested by the Corporate Secretary 'Be !t Further Resolved, that the signature of any such designated person and the soal of the Company heretofore or hereafter offlxe to any ower of attorney or any certificate relating thereto by facsimile, anal any power of attorney or rp..rtiircate berring facsimile signabires or facsimile seal shall be Valid and binding upon the Company with respel to any bond or Unaertaldng to which It Is attached.' (Each adopted at a rneetrN fetd on February 8, 200GI. Jr. Wltness yiiilereo' VIESTFIELD INSURANCE CCIAPANY;'vt'ESTFI_LD !dATIO`tAL INSURANCE COMPANY and OHIO FARMERS INSURANCE C OWANY have called these presents to to signed ty their Senior Exa-v ive orb their co, aerate seals tc be hereto affixed this 22nd day of APRIL A.D..2D03 ...,,,, cor:,oracef """""'"� •"""�' '�• WEST FIELD iNSURAtdCE COMPANY S a f a s �t :• L ; �F?1 „ a WESTFIELD NATIONAL INSURANCE COMPANY Pilx•d �..t •a• '%at . o- .P•; MFERS INSUP.A.NCECOMPAf4Y r N OHIO FAR : r t: rwrikRF%lPLQ A t rJl u!"IE.r is 5 1- � ` �. JJ 'S'«aiw., "~ t '•+u„,R�,t•,.,''' ....a.•r•''+• State of Ohio ✓ r,ountycf Medina ss.: Richard L. Kinnaird, Jr., Senior Exewtive On this 22nd day of APRIL A.D., 2003 , hetore, ^w personally cama Richard L Kirtnaird, Jr. to me knavrn, who, being by me duly sworn, did dense and say, that he reside: in Medina, Ohio; that he .s Senior Executive of Wc$TFISLD INSURANCE COMPANY, NVEST=IELC NATIONAL INSURANCE COMPANY ant OHIO FARMERS INSURANCE COWANY, the oompanies oescr'ded in and which ex—Ued the above nstrumem; that he kr.ows the seals of said Ccmpan,ies; chat the seals effixsd to said instrument are such corperate seals; that they wore so affixed ay order o- the Boards of Directors of said Companies: and that he signed his name thereto by like order. f Notari;l Affixed seal O�Fit A l Z. iKilliam J. Kahelin, Ap6rney at Law, Notary Public State of Ohio a My Commission Does Not Eypire ;Six. 147.03 Ohic Revised Code) County of Me-'ina ss.: of f rt. Brooks Raropattgh, Secreta y M VtIESTFIFLD INSURANCE COMPANY, WE° TFi=I� NATIONAL INSURANCE COMPANY and OHIO FARVEPS INSUFANCE =*JPANY, do nereb}' certify tnat the above anc foregotne; Is a true and correct copy of a Power of Attorney, execcuted by sale Companies, which 1 still in. full iorce anG effect; and 4urthermore, the resolutions of the anres or Ore�ors, set out in trip, Prert,er of At-orney are In IUN force and elYscf. in witness Whereon, ' rraVe -.ereinto set ray nand ago amxad the seals of saga Ccmpan?es at Yjestfleld Center, Ohio; this25th OaY of November A.D., 2015 fy':fQO�sYr�p�ay ,`•,-�F.��C7>aAi,�rLn'•., v° J � ` 4 ! J1 ` F j, tit � • 4 • :: qP •• . �b�""... �� $ y i SEA SEAL ,, rx• ; o ` ? ., I848 ;'� M. Brooks Rorapaugh, Secre cry SPOAC2 (combined) (06.02) Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Office of Labor Relations Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (i) Minimum Wages. 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 I(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 29 CFR 5.5(a)(1)(iv); 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 29 CFR 5.5(a)(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 29 CFR 5.5(a)(1)(ii) 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. (it) (a) Any class of laborers or mechanics 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. HUD shall approve an additional classification and wage rate and fringe benefits therefor 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 HUD or its designee 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 HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140. ) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, 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. (ill) 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 form HUD-4010 (06/2009) Previous editions are obsolete Page 1 of 5 ref. Handbook 1344.1 J xi-ilteiT of the wages of any taborer 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. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or its designee 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 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, HUD or its designee 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. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work 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 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 d 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. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (H) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee 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 HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(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 submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at h1fn:11www dolyov/esa/whd/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 HUD or its designee 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 HUD or its designee, 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 subparagraph 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 HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number in Section I(b)(2)(B) of the Davis -bacon Act), daily an 1215-0149.) weekly number of hours worked, deductions made and (b) Each payroll submitted shall be accompanied by a actual wages paid. Whenever the Secretary of Labor has "Statement of Compliance," signed by the contractor or found under 29 CFR 5.5 (a)(1)(iv) that the wages of any subcontractor or his or her agent who pays or supervises laborer or mechanic include the amount of any costs the payment of the persons employed under the contract reasonably anticipated in providing benefits under a plan and shall certify the following: or program described in Section l(b)(2)(B) of the Davis- (1) That the payroll for the payroll period contains the Bacon Act, the contractor shall maintain records which information required to be provided under 29 CFR 5.5 show that the commitment to provide such benefits is (a)(3)(ii), the appropriate information is being maintained enforceable, that the plan or program is financially under 29 CFR 5.5(a)(3)(i), and that such information is responsible, and that the plan or program has been correct and complete; form HUD-4010 (0612009) Previous editions are obsolete Page 2 of 5 ref. Handbook 1344.1 (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 set forth in 29 CFR Part 3; (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. (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 subparagraph A.3.(ii)(b). (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. (Ili) The contractor or subcontractor shall make the records required under subparagraph A.3.(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee 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, HUD or its designee 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. (1) 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 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 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. (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 an apprentice. The allowable ratio of apprentices to wage rate on the wage determination which provides for journeymen on the job site in any craft classification shall less than full fringe benefits for apprentices. Any not be greater than the ratio permitted to the contractor as t at a trainee rate who is n l o employee listed on the payroll to the entire work force under the registered program. Any registered and participating a training plan approved of by worker listed on a payroll at an apprentice wage rate, who form HUD-4010 (0612009) Previous editions are obsolete Page 3 of 5 ref. Handbook 1344.1 f _._. -7 J� S i the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the 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. (ill) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 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 will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, 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 this paragraph. 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 HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (1) Certification of Eligibility. 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) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (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) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Administration transactions', provides in part: "Whoever, for the purpose of .. . influencing in any way the action of such Administration..... makes, utters or publishes any statement knowing the same to be false..... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shalt require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 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 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, 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 subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph. form HUD-4010 (06/2009) Previous editions are obsolete Page 4 of 5 ref. Handbook 1344.1 (3) Withholding for unpaid wages and liquidated damages. HUD or its designee 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 contract, 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 subparagraph (2)ofthis paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1)through (4) of this paragraph 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 subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC 3701 et seg. (3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous editions are obsolete form HUD4010 (06/2009) Page 5 of 5 ref. Handbook 1344.1