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HomeMy Public PortalAbout108-2018 - Whiteoak Construction - Downtown FaçadeAGREEMENT THIS AGREEMENT made and entered into this Zq4' day of J t,.. , 2018, and referred to as Contract No. 108-2018 by and between the City of Richmond, Indi a, a municipal corporation acting by and through its Board of Public Works and Safety (hereinafter referred to as the "City") and White Oak Construction, 10967 E. US 136, Indianapolis, Indiana, 46234 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to perform services in connection with the Fagade Renovation Project for certain designated properties located in downtown Richmond, Indiana, (the "Project') for the City of Richmond, Indiana, per the Bid Specifications described below. Construction and renovation activities conducted by Contractor shall comply with all applicable federal and state OCRA and/or HUD requirements and guidelines as explained in part below. Bid Specifications, dated May 4, 2018, have been made available for inspection by Contractor, are on file in the office of the Director of Purchasing for the City, and are 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 Bid Specifications is attached hereto as Exhibit A; which Exhibit is dated May 24, 2018, consists of seven (7) 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 80004 5/11/2018 IN4) is attached hereto as Exhibit B, consists of twenty-four (24) 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. 108-2018 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. 4. The Contractor is in receipt of conformed set of construction drawings that reflect all accepted alternates and the conformed set of construction drawings shall be accompanied by a bulletin that summarizes the accepted alternates. 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 Eight Hundred Nineteen Thousand One Hundred Fifty-one Dollars and Zero Cents ($819,151.00) for complete and satisfactory performance of the work required hereunder. Said amount shall constitute the City's match portion of the total project bid award for purposes of this Agreement. SECTION W. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until satisfactory completion of the Project, which completion shall be on or before July 30, 2019. Page 2 of 7 Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, 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: 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, less any professional fees incurred in the process of termination, 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 Page 3 of 7 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; 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 Limits A. Worker's Compensation & Statutory Disability Requirements B. Employer's Liability $100,000 C. Comprehensive General Liability Section 1. Bodily Injury $1,000,000 each occurrence $2,000,000 aggregate Section 2. Property Damage $1,000,000 each occurrence D. Comprehensive Auto Liability Section 1. Bodily Injury $1,000,000 each person $1,000,000 each occurrence Section 2. Property Damage $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $2,000,000 each aggregate Page 4 of 7 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 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, Page 5 of 7 terns, 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: 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. The acceptance by the Contractor of final payment shall further constitute a release of the property owners and the Project Architect from all uninsured liability for all things done or furnished in connection with the work and for every uninsured act of omission or neglect by the property owners and Project Architect relating to or arising out of the work. The Contractor, before final payment, shall also execute and deliver a general release to the Project Architect of all liability as set forth in the preceding sentence. 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 Page 6 of 7 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. 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: Vicki Robinson, President "CONTRACTOR" WHITE OAK CONSTRUCTION 10967 E. US 136 Indianapolis, IN 46234 APPROVED: Printed: �/C/l0/Jyi� —f 1�,%4 Snt_M3,br Date: O 2 K Title: 2 �f Date: p — 3 �8 Page 7 of 7 $ IYI v! aN O�7 w O Ira^L LL N € LL co a O 0 a U y co = u3 Li co0) ui Q G7. c6 O �y LL V/ U- U J d U i -t z iFi ti a C O LL iL Joe)O Q EXHIBIT.&- PAGE A--OF.�j CONTRACTOR'S BID FOR PUBLIC WORK - FORM 96 State Form 52414 (R2 / 2-13) / Form 90 (Revised 2013) Prescribed by State Board of Accounts PART (To be completed for all bids. Please type or print) Date (month, day, year): 05/24/2018 1. Governmental Unit (Owner): City of Richmond 2. County: Wayne County 3. Bidder (Firm): White Oak Construction 10967 E. US 136 City/StatefZlPcode: Indianapolis, Indiana 46234 4. Telephone Number. 317-243-7140 5. Agent of Bidder (if applicable) Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the public works project of Richmond Stellar Facades, Richmond, Indiana (Governmental Unit) in accordance with plans and specifications prepared by Rb Architects, LLC 3202 N Meridian Street, Indianapolis, IN 46208 and dated 05/04/2018 for the sum of ON(-K I L Iv /, j`rvc- 1IvNOwG0Ani0 r-ou-y- mi"t 1 t� ✓s Awn Nf Hit r/d�D AN © NItW r'rK - cu t T $ / 5" 3 9 9 8 O J The undersigned further agrees to fumish a bond or certified check with this bid 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. EXMIBi r -a- PAGE Q-OF ACCEPTANCE The above bid is accepted this day of subject to the following conditions: Contracting Authority Members: PART II (For projects of $150,000 or more — IC 36-1-12-4) Governmental Unit: City of Richmond Bidder (Firm) White Oak Construction Date (month, day, year): May 24, 2018 These statements to be submitted under oath by each bidder with and as a part of his bid. Attach additional pages for each section as needed. 1 2. SECTION I EXPERIENCE QUESTIONNAIRE What public works projects has your organization completed for the period of one (1) year prior to the date of the current bid? Contract Amount I Class of Work I Date I Name and Address of Owner What public works projects are now in process of construction by your organization? Contract Amount I Class of Work I Completion I Name and Address of Owner EXHIBIT PAGE 3. Have you ever failed to complete any work awarded to you? No If so, where and why? 4. List references from private firms for which you have performed work. See attached. SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE 1. Explain your plan or layout for performing proposed work. (Examples could include a narrative of when you could begin work, complete the project, number of workers, etc. and any other Information which you believe would enable the govemmental unit to consider your bid.) See attached. 2. Please list the names and addresses of all subcontractors (l.e. persons or firms outside your own firm who have performed pad of the work) that you have used on public works projects during the past five (5) years along with a brief description of the work done by each subcontractor. NIA EXHIBIT PAGE �--OF-a- 3. If you intend to sublet any portion of the work, state the name and address of each subcontractor, equipment to be used by the subcontractor, and whether you will require a bond. However, if you are unable to currently provide a listing, please understand a listing must be provided prior to contract approval. Until the completion of the proposed project, you are under a continuing obligation to immediately notify the governmental unit in the event that you subsequently determine that you will use a subcontractor on the proposed project. N/A 4. What equipment do you have available to use for the proposed project? Any equipment to be used by subcontractors may also be required to be listed by the governmental unit. Boom Lift Scissor Lift Lull 5. Have you entered into contracts or received offers for all materials which substantiate the prices used in preparing your proposal? If not, please explain the rationale used which would corroborate the prices listed. White Oak Construction has not entered into any contracts, but have received offers for all materials which substantiate the process used in preparing our proposal. SECTION III CONTRACTOR'S FINANCIAL STATEMENT Attachment of bidder's financial statement is mandatory. Any bid submitted without said financial statement as required by statute shall thereby be rendered invalid. The financial statement provided hereunder to the governing body awarding the contract must be specific enough in detail so that said governing body can make a proper determination of the bidder's capability for completing the project if awarded. EXHIBIT -A- PAGE - -- - i SECTION IV CONTRACTOR'S NON — COLLUSION AFFIDAVIT The undersigned bidder or agent, being duly swom an oath, says that he has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to include anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. He further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale. SECTION V OATH AND AFFIRMATION I HEREBY AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FACTS AND INFORMATION CONTAINED IN THE FOREGOING BID FOR PUBLIC WORKS ARE TRUE AND CORRECT. Dated at STATE OF Indiana COUNTY OF Hendricks Indianapolis, IN this 24 day of May 2018 White Oak Cons chon 4-�jNaiye of 0manizason) By (/r/+{��i Senior Project Manager (Me of Person Signing) ) ss ACKNOWLEDGEMENT Before me, a Notary Public, personally appeared the above -named Shane Hart and swore that the statements contained in the foregoing document are true and correct. Subscribed and swom to before me this 24th day of May 2018 Nofary Pu6hc My Commission Expires: April 26th, 2025 County of Residence: Hendricks �0%J11"1111ffu", p,NIEt4F y� oc�`pw 26'?p j o .y , 'juj: NOTARY PueLICi0 NOTARY SEAL : Z xX �fOF It4v,\ 111 EXHIBIT) AGE LD OF� Plan for Performing Proposed Work White Oak Construction Corp. (Form 96, Section 11.1) Plan to complete projects one at a time but multiple projects may overlap. Revised construction schedule will be issued prior to starting construction onsite. Activities will include but are not limited to: • Site Mobilization • Install construction barrier partitions • Perform architectural and mechanical / electrical demolition • Masonry Restoration, Window Replacement, Roof Work • Perform electrical / mechanical rough in • Finish carpentry & architectural trim • Perform Painting • Install Terracotta, Terrazzo, EIFS • Perform mechanical / electrical trim -out • Cleanup and closeout documentation EXHt61T PAGt= CITY OF RICHMOND, WAYNE COUNTY, INDIANA DOWNTOWN FASCADE IMPROVEMENTS PROJECT BID OPENING: MAY 24, 2018 General Decision Number: IN180004 05/11/2018 IN4 Superseded General Decision Number: IN20170004 State: Indiana Construction Type: Building Counties: Brown, Clark, Dearborn, Decatur, Fayette, Floyd, Franklin, Harrison, Henry, Jennings, Ohio, Randolph, Ripley, Rush, Switzerland, Union and Wayne Counties in Indiana. BUILDING CONSTRUCTION PROJECTS (does not include single family homes and apartments up to and including 4 stories) Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was 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 $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2018. The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above -mentioned types of contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but it does not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number 0 1 2 3 4 5 6 7 8 9 10 11 ASBE0008-004 07/01/2017 Publication Date 01/05/2018 01/12/2018 01/19/2018 02/09/2018 02/23/2018 03/16/2018 03/30/2018 04/06/2018 04/13/2018 04/20/2018 05/04/2018 05/11/2018 DEARBORN, FAYETTE, FRANKLIN, OHIO, RIPLEY SWITZERLAND AND UNION COUNTIES EXHlgfT f AG1e' '1 OF CITY OF RICHMOND, WAYNE COUNTY, INDIANA DOWNTOWN FASCADE IMPROVEMENTS PROJECT BID OPENING: MAY 24, 2018 Rates Fringes Asbestos Workers/Insulator (Includes application of all insulating materials, protective coverings, coatings & finishings to all types of mechanical systems) ..... $ 29.50 16.72 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) ..............$ 25.00 13.70 ASBE0018-001 06/01/2017 BROWN, DECATUR, HENRY AND RUSH COUNTIES Rates Fringes ASBESTOS WORKER/HEAT & FROST INSULATOR (includes application of all insulating materials protective coverings, coatings and finishes to all types of mechancial systems) ..............$ 31.24 19.44 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) ..............$ 23.00 14.40 ASBE0051-005 06/01/2017 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) ..............$ 25.36 14.51 HAZARDOUS MATERIAL HANDLER (includes preparation, wettings, stripping, removal, �Xf H1 1TT _�_ PAG J �� CITY OF RICHMOND, WAYNE COUNTY, INDIANA DOWNTOWN FASCADE IMPROVEMENTS PROJECT BID OPENING: MAY 24, 2018 scrapping, vaccuming, bagging & disposing of all insulation materials, whether they contain asbestos or not, from mechanical systems) ..............$ 19.80 13.30 ASBE0079-002 07/01/2017 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)) .............$ 25.00 13.70 BOIL0105-002 01/01/2013 DEARBORN and SWITZERLAND COUNTIES Rates Fringes BOILERMAKER ......................$ 33.76 24.45 ---------------------------------------------------------------- BOIL0374-001 03/01/2018 REMAINING COUNTIES Rates Fringes BOILERMAKER ......................$ 37.22 27.65 ---------------------------------------------------------------- BRIN0004-019 06/01/2016 LOUISVILLE CLARK, FLOYD AND HARRISON COUNTIES Rates Fringes BRICKLAYER .......................$ 25.96 11.85 Marble, Tile Layer & Terrazzo Worker ...........................$ 22.64 6.05 TILE FINISHER ..... .............. .$ 15.42 5.37 EXHIBIT Mdt DOE CITY OF RICHMOND, WAYNE COUNTY, INDIANA DOWNTOWN FASCADE IMPROVEMENTS PROJECT BID OPENING: MAY 24, 2018 ---------------------------------------------------------------- BRIN0004-022 06/01/2017 BROWN, DEARBORN, DECATUR, JENNINGS,OHIO, RIPLEY and SWITZERLAND COUNTIES Rates Fringes Bricklayer, Stonemason ........... $ 27.63 12.10 TERRAZZO FINISHER ................$ 19.36 8.65 TERRAZZO WORKER/SETTER ........... $ 31.11 12.29 Tile & Marble Finisher ........... $ 20.76 8.61 Tile & Marble Setter; Mosaic Worker ...........................$ 30.41 12.19 BRIN0019-002 06/01/2017 MUNCIE FAYETTE, FRANKLIN, HENRY, RANDOLPH, RUSH, UNION and WAYNE COUNTIES Rates Fringes Bricklayer, Stonemason, Pointer, Caulker & Cleaner ....... $ 29.75 13.50 TERRAZZO FINISHER ................$ 19.36 8.65 TERRAZZO WORKER/SETTER ........... $ 31.11 12.29 Tile & Marble Finisher ........... $ 20.76 8.61 Tile & Marble Setter; Mosaic Worker ...........................$ 30.48 12.19 CARP0002-021 04/01/2017 DEARBORN, JENNINGS, OHIO, RIPLEY AND SWITZERLAND COUNTIES Rates Fringes CARPENTER Carpenter ...................$ 24.93 19.90 Piledriver ..................$ 25.93 19.90 ---------------------------------------------------------------- CARP0104-001 10/01/2017 FAYETTE, HENRY, RANDOLPH, UNION AND WAYNE COUNTIES Rates Fringes Carpenters: Carpenters, Drywall Installers, Piledrivers.....$ 28.02 19.35 Millwright ..................$ 27.72 21.45 Soft Floor Layers ........... $ 27.29 17.44 ---------------------------------------------------------------- EXHIBIT -Z_ PAGE 4±-OF*4_ CITY OF RICHMOND, WAYNE COUNTY, INDIANA DOWNTOWN FASCADE IMPROVEMENTS PROJECT BID OPENING: MAY 24, 2018 CARP0175-002 04/01/2017 CLARKE, FLOYD AND HARRISON COUNTIES Rates Fringes CARPENTER Carpenter ...................$ 23.88 20.39 Piledriver ..................$ 24.88 20.39 ---------------------------------------------------------------- CARP0999-009 06/01/2014 CLARK, FLOYD, AND HARRISION COUNTIES Rates Fringes MILLWRIGHT .......................$ 25.90 19.47 ---------------------------------------------------------------- CARP1080-003 06/01/2017 DEARBORN, JENNINGS, OHIO, RIPLEY AND SWITZERLAND COUNTIES Rates Fringes MILLWRIGHT .......................$ 27.72 21.45 ---------------------------------------------------------------- CARP1775-001 10/11/2017 BROWN, DECATUR, FRANKLIN AND RUSH COUNTIES Rates Fringes Carpenters: Carpenters, Drywall Installers, Piledrivers ..... $ 26.83 19.35 Millwright ..................$ 27.72 21.45 Soft Floor Layers ........... $ 27.29 17.44 ---------------------------------------------------------------- ELEC0071-006 01/02/2017 DEARBORN, OHIO, and SWTIZERLAND COUNTIES Rates Fringes Line Construction: Equipment Operator .......... $ 32.24 12.59 Groundman...................$ 23.28 10.62 Lineman & Cable Splicers .... $ 36.64 13.57 ---------------------------------------------------------------- ELECO212-009 06/05/2017 DEARBORN, OHIO, and SWITZERLAND COUNTIES Rates Fringes EXHIBt7 - PAGE -Sr O -1 CITY OF RICHMOND, WAYNE COUNTY, INDIANA DOWNTOWN FASCADE IMPROVEMENTS PROJECT BID OPENING: MAY 24, 2018 ELECTRICIAN ......................$ 27.90 17.56 ---------------------------------------------------------------- ELEC0369-009 05/31/2017 CLARK, FLOYD, and HARRISON COUNTIES Rates Fringes ELECTRICIAN ......................$ 31.07 16.60 Line Construction: Groundman...................$ 13.83 6.35 Lineman; Equipment Operator.$ 22.25 6.35 ---------------------------------------------------------------- ELEC0481-002 05/29/2017 DECATUR, JENNINGS, RIPLEY AND RUSH COUNTIES Rates Fringes ELECTRICIAN ......................$ 34.50 19.82 ---------------------------------------------------------------- ELEC0725-001 03/01/2018 BROWN COUNTY Rates Fringes ELECTRICIAN ......................$ 36.22 19.14 ---------------------------------------------------------------- ELEC0725-008 06/01/2017 BROWN COUNTY Rates Fringes Communication Technician ......... $ 27.85 13.01 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 sytems. ---------------------------------------------------------------- ELEC0855-001 06/01/2017 FAYETTE, FRANKLIN, HENRY, RANDOLPH, UNION AND WAYNE COUNTIES Rates Fringes ELECTRICIAN ......................$ 32.22 15.84 ---------------------------------------------------------------- ELEV0034-001 01/01/2018 EXHIBfT -&- PAGE CITY OF RICHMOND, WAYNE COUNTY, INDIANA DOWNTOWN FASCADE IMPROVEMENTS PROJECT BID OPENING: MAY 24, 2018 Rates Fringes ELEVATOR MECHANIC ................$ 46.51 32.645+a+b a) PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Vetern's Day, Thanksgiving Day, the Friday after Thanksgiving, and Christmas Day. b) Employer contributes 8% of regular hourly rate to vacation pay credit for employee with more than 5 years of service; 68 for less than 5 years' service. ENGIO103-006 04/01/2016 FAYETTE, HENRY, RANDOLPH, RUSH, UNION, and WAYNE COUNTIES Rates Fringes Power equipment operators: GROUP I .....................$ 34.80 15.13 GROUP 2.....................$ 33.85 15.13 GROUP 3.....................$ 29.80 15.13 GROUP 4.....................$ 26.10 15.13 POWER EQUIPMENT OPERATORS GROUP 1: Air Compressor (pressurizing Shafts, tunnels & drivers) Air Tugger; Auto Patrol; Back Filler; Back Hoe; Boom Cat; Boring Machine; Bull Dozer; Caisson Drilling Machine; Cherry Picker; Compactor (with dozer blade); Concrete Mixer (dual drum); Concrete plant; Concrete Pump; Crane with all attachments; Crane- Electric overhead; Derrick; Ditching Machine (18' and over); Dredge; Elevators (when hoisting material or tools); Fork Lift (machinery); Formless Paver; Generator (power for welders of compressor); Gradall; Helicopter; Helicopter Winch Operator; High Lift -Front End Loader; Hoist -Material and/or Personnel over 3 Floors; Locomotive; Mechanic on job site; Mucking Machine; Panel Board Concrete Plant; Pile Driver; Push Cat; Scoop & Tractor; Scraper -Rubber Tired; Spreader -Tractor Mounted; Straddle Carrier- Ross Type; Sub Base Finish Machine (C.M.I. or smiliar); Tower Crane; Tractor with Backhoe (over 1/2 yard); Welder (craft) GROUP 2: A Frame Truck; Batcher Plant (automatic dry batch); Bending Machine -Power Driven; Bituminous Mixer; Bituminous Paver; Bituminous Plant Engineer; Boatman; Bull Float; Compactor or Tamper -Self Propelled; Concrete Mixer (21 cu. ft. or over); Concrete Spreader -Power Driven; Dinkey Engine; Ditching Machine; Ditching Machine (less than 18"); Drilling Machine; Finish Machine & Bull Float; Finishing Machine; Fireman -Pile Driving and Boilers; Fork Lift -Masonry & Material; Gunite Machine; Head Greaser; Hoist -Material and/or personnel 3 floors and under; EXHIBIT PAGE -% .0FAQ CITY OF RICHMOND, WAYNE COUNTY, INDIANA DOWNTOWN FASCADE IMPROVEMENTS PROJECT BID OPENING: MAY 24, 2018 Mechanic in shop; Mesh Depresser-Mesh Placer; P.C.C. Concrete Belt Placer; Ruller-Asphalt, stone & sub base; Sheepsfoot Roller- Self Propelled; Shop Mule; Spreader or Base Paver -Self Propelled; Sub Grader; Throttle valve with air compressor or boiler; Tractor with Backhoe (1/2 yard & under); Tractor -high lift -farm type; Tractor -Industrial Type; Tractor with Winch; Well Points; Winch Trick GROUP 3: Air Compressor (210 cu. ft. & over); bituminous Distributor; Chair Cart; Concrete Curing Machine; Concrete Saw; Dope Pot Power Agitated; Flex Plane; Form Grader; Hydrohammer; Jacks -Hydraulic -Power Driven; Minor Equipment opr. 3,4, or 5; Paving Joint Machine; Post Hole Digger; Roller -Earth; Throttle Valve; Track Jack -Power Driven; Tractor -Farm Type; Truck Crane Driver GROUP 4: Air Compressor (less than 210 cu. ft.); Concrete Mixer (under 21cu. ft.); Conveyor; Generator; Mechanical Heater; Oiler; Operator-2 pieces of miner equipment; Power Broom; Pump; Welding Machine ---------------------------------------------------------------- ENG1O181-012 04/01/2017 BROWN, CLARK, DEARBORN, DECATUR, FLOYD, FRANKLIN, HARRISON, JENNINGS, OHIO, RIPLEY, and SWITZERLAND COUNTIES Rates Fringes Power equipment operators: GROUP A .....................$ 33.93 15.15 GROUP B.....................$ 25.80 15.15 POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP A: A -Frame Winch Truck, Articulating dump, autograde (CMI), auto patrol, ballast regulator (RR), hatcher plant (electrical control concrete), bending machine (pipe), bituminous plant (engineer), bituminous plant, bituminous mixer travel plant, bituminous paver, bituminous roller, boring machine, buck hoist, bull dozer, cable way, Chicago boom, chimney hoist, clamshell concrete mixer (21 cu. ft. or over), concrete paver, concrete pump (crete), construction elevator (Allmac or similar) crane, craneman, crawler backhoe, crawler high -lift, crusher plant, derrick, derrick boat, dinkey, directional/boring machine, dope pots (pipeline), double drum tugger (electric or air), dragline, dredge operator, dredge engineer, drill operator, elevating grader, extendable boom forklift, formless paver, gantry creane, gator (or similar type tiller), gradeall, grader, grademan, greaser (on grease facility servicing heavy equipment), G.P.S System (on equipment within the classifications), grout pump, head greaser, helicopter crew, Hetherington paver, hoist (motroized, gas or disel), �'E�X--H--I-BIIT`�-t!j- PAGE OIr CITY OF RICHMOND, WAYNE COUNTY, INDIANA DOWNTOWN FASCADE IMPROVEMENTS PROJECT BID OPENING: MAY 24, 2018 hydraulic crane, hydro blaster, Industrial type forklift (over 9,000 lbs), laser concrete screed, laser or remote controlled equipment (within the classifications), locomotive crane, locomotive, mechanic, mobile mixer, motor crane, mucking machine, multiple tamping machine (RR) overhead crane, pile driver, pulls push dozer, push boats, roller (sheep foot), rough terrain crane, R.T. backhoe, R.T. endloader, Ross carrier, scoop, shovel, side boom, skidsteer loader (bobcat or similar type), swing crane, tail boom, tar machine (pipeline), tower crane, trench machine, welder (heavy duty), truck mounted concrete pump, truck -mounted drill, vacuum truck, well point, whirleys. GROUP B: Air Compressor (1 or more, 600 cfm and over) air compressor with throttle valve, bituminous distributor, brakeman, bullfloat, cement gun, conrete mixer, concrete mixer, concrete saw, concrete spreader or puddlers, conveyor, deck hand oiler, deck engine, drill helper, earth roller, electric vibrator compactor (earth or rock), elevator (in -plant, automatic), finishing machine, fireman, form grader, generator, guard-rail dfriver, heater, oiler, Industrial type forklift (9,000 lbs and under), material pump, motor boats, paving joint machine, post hole digger, power broom, power traffic signals, rock roller, rocker spreader, Roller (earth or rock), spike machine (RR), steam jenny, sub grader, tamping machine, truck crane oiler, truck mounted drill oiler, Tugger (one -drum, air or electric) vibrator, vibro-piling hammer -hydraulic hammer or auger, water pump, widener (apsco or similar type) welding machine, JLG lifts and scissor lifts or similar machine. IRON0022-002 06/01/2017 BROWN, DECATUR (W 3/4), FAYETTE (W 1/2), FRANKLIN (NW TIP), HENRY, JENNINGS (NW TIP), RANDOLPH (SW TIP), AND RUSH COUNTIES: Rates Fringes IRONWORKER .......................$ 30.64 22.05 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. IRON0044-007 06/01/2017 DEARBORN, DECATUR (REMAINDER OF COUNTY), FAYETTE (SE CORNER), FRANKLIN (S. 3/4), OHIO, RIPLEY (REM. OF COUNTY), SWITZERLAND (REM. OF COUNTY), & JENNINGS (NE TIP) COUNTIES: EXHIBIT_AGB-- CITY OF RICHMOND, WAYNE COUNTY, INDIANA DOWNTOWN FASCADE IMPROVEMENTS PROJECT BID OPENING: MAY 24, 2018 Rates Fringes IRONWORKER Fence Erectors ..............$ 25.62 20.10 Structural & Ornamental ..... $ 26.97 20.10 ---------------------------------------------------------------- IRON0070-007 06/01/2017 CLARK, FLOYD, HARRISON, JENNINGS (S 2/3), SWITZERLAND (SW TIP), AND RIPLEY (SW TIP) COUNTIES Rates Fringes IRONWORKER .......................$ 28.30 21.85 ---------------------------------------------------------------- IRON0070-019 06/01/2016 DEARBORN, DECATUR (REM. OF COUNTY), FAYETTE (SE CORNER), FRANKLIN (S. 3/4), OHIO, RIPLEY (REM. OF COUNTY), SWITZERLAND (REM. OF COUNTY) and JENNINGS (NE TIP) COUNTIES Rates Fringes IRONWORKER, REINFORCING .......... $ 28.30 21.85 ---------------------------------------------------------------- IRON0147-003 06/01/2017 RANDOLPH COUNTY Rates Fringes IRONWORKER .......................$ 26.34 21.77 ---------------------------------------------------------------- IRON0290-003 06/01/2016 FAYETTE (REMAINDER OF COUNTY), RANDOLPH (S. PART OF COUNTY EXCLUDING WINCHESTER BUT INCLUDING UNION CITY) UNION AND WAYNE COUNTIES Rates Fringes IRONWORKER .......................$ 27.00 20.98 ---------------------------------------------------------------- LAB00741-002 06/01/2016 BROWN, DEARBORN, DECATUR, FRANKLIN, JENNINGS, OHIO, and RIPLEY COUNTIES Rates Fringes EXHIBIT PAGE CITY OF RICHMOND, WAYNE COUNTY, INDIANA DOWNTOWN FASCADE IMPROVEMENTS PROJECT BID OPENING: MAY 24, 2018 Laborers: GROUP 1.....................$ 21.58 13.80 GROUP 2.....................$ 22.33 13.80 GROUP 3.....................$ 22.58 13.80 LABORERS CLASSIFICATIONS GROUP 1: Building and Construction Laborers; Scaffold Builders (other than for masons or plastersrs); Railroad Workers; Masonry Wall Washers (interior & exterior); Portable Water Pumps with Discharge up to 3 Inches; Handling of Creosote Lumber or Like Treated Material (excluding railroad material); Asphalt Rakers and Lutemen; Earth Compactors; Jackmen and Sheetmen working ditches deeper than six (6) feet in depth; Laborers in Ditches six (6) feet in depth or deeper; Assembly of Unicrete Pump; Tile Layers (sewer or field) and Sewer Pipe Layers (metallic or non-metallic); Motor driven wheelbarrows and concrete buggies; Hyster Operators; Pump Crete Assemblers; Core Drill Operators; Cement, Lime or Silica Clay Handler (bulk or bag); Handling of toxic material 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 Saw and Demolition Saw Operators; Concrete Saw; Concrete Conveyor Assemblers; Applying of Curing Compound; Sinking of Wellpoints; Dewatering Header Systems. GROUP 2: Plaster Tenders; Mason Tenders; Mortar Mixers; Welders (acetylene or electric); Cutting Torch or Burner; Cement Nozzle Laborers; Cement Gun Operators; Scaffold Builders for Plasterers; Scaffold Builders for Masons; Water Blast Machine Operators; Air Tool Operators and all Pneumatic Tool Operators; Air and Electric Vibrators and Chipping Hammer Operators; Asbestos Removal; Hazardous Waste Removal; All Boiler Setters Laborers, including Expediters, Bottom Men, Bell Men and Mason Tenders. GROUP 3: Dynamite Men, Drillers -air track or wagon drilling for explosives. ---------------------------------------------------------------- LAB00795-001 06/01/2016 CLARK, FLOYD, HARRISON, and SWITZERLAND COUNTIES Rates Fringes Laborers: GROUP 1.....................$ 19.25 14.00 GROUP 2.....................$ 19.75 14.00 GROUP 3.....................$ 20.25 14.00 LABORER CLASSIFICATIONS: EXHIBIT PAGE --C--j CITY OF RICHMOND, WAYNE COUNTY, INDIANA DOWNTOWN FASCADE IMPROVEMENTS PROJECT BID OPENING: MAY 24, 2018 GROUP 1: Building and Construction Laborers, Scaffold Builders (other than for Masons or Plasterers), Mechanic Tenders, Rodmen & Chainmen, Signalmen & Flagmen, Window Washers & Cleaners, Waterboys & Toolhousemen, Railroad Workers, Masonry Wall Washers (interior & Exterior), All Portable Water Pumps with Discharge up to three (3) inches, Waterproofing, Handling of creosote lumber or like treated Material (excluding Railroad Material), Asphalt Rakers & Luteman, Kettlemen, Air Tool Operators and all Pneumatic Tool Operators, Air and Electric Vibrators and Chipping Hammer Operators, Earth Compactors, Jackman & Sheetmen working Ditches Deeper Than Six (6) feet in depth, Laborers working Ditches Six (6) feet in Depth or Deeper, Assembly of Unicrete Pump, Tile Layers (sewer or field) & Sewer Pipe Layers (metallic or non- metallic), Motor Driven Wheelbarrows and Concrete Buggies Hyster Operators, Pump Crete Assemblers, Core Drill Operators, Cement, Lime or Silica Clay Handers (bulk or bag), Handling of Toxic Materials Damaging to Clothing, Pneumatic Spikers, Deck Engine & Winch Operators, Water Main & Cable Ducking (Metallic and Non -Metallic), Screed Man or Screw Operator on Asphalt Paver, Chain Saw and Demolition Saw Operators, Concrete Conveyor Assemblers, Asbestos Removal, Hazardous Waste Removal. GROUP 2: Plaster Tenders, Mason Tenders, Mortar Mixers, Welders (Acetylene or Electric), Cutting Torch or Burner, Cement Nozzle Laborers, Cement Gun Operators, Scaffold Builders when Working for Plasterers, Scaffold Builders When Working for Masons Water Blast Machine Operators. GROUP 3: Dynamite Men, Drillers -Air Track or Wagon Drilling for Explosives. LABO1047-001 06/01/2016 FAYETTE, HENRY, RUSH, WAYNE, and UNION COUNTIES Rates Fringes Laborers: GROUP 1.....................$ 20.38 13.80 GROUP 2.....................$ 21.13 13.80 GROUP 3.....................$ 21.38 13.80 LABORER CLASSIFICATIONS GROUP 1: Building and Construction Laborers; Scaffold Builders (other than for Masons or Plasterers); Mechanic Tenders; Civil Engineer Tenders and Surveyor tenders; Rodmen & Chainmen; Signalmen & Flagmen; Window Washers & Cleaners; Waterboys & Toolhousemen; Railroad Workers; Masonry Wall Washers (interior & exterior); Cement Finisher EXHIBIT �^ pAGE 1IJ CITY OF RICHMOND, WAYNE COUNTY, INDIANA DOWNTOWN FASCADE IMPROVEMENTS PROJECT BID OPENING: MAY 24, 2018 Helpers; All Portable Water Pumps with discharge up to three (3) inches, Waterproofing; Handling of Creosote Lumber or like treated material (excluding railroad material); Asphalt Rakers & Lutemen; Kettlemen; Air Tool Operators and all pneumatic tool operators, air and electric vibrators and chipping hammer operators); Earth Compactors; Jackmen & Sheetmen working ditches deeper than six (6) feet in depth; Laborers working ditches six (6) feet in depth or deeper; Assembly of Unicrete Pump; Tile Layers (sewer or field) & sewer pipe layers (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 & Winch Operators; Water Main & Cable Ducking (metallic and non-metallic); Screed man or screw operator on asphalt paver; Chain saw and demolition saw operators; Concrete conveyor assemblers; Asbestos removal; Hazardous waste removal. GROUP 2: Plaster tenders; Mason tenders; Mortar mixers; Welders (acetylene or electric); Cutting torch or burner; Cement nozzle laborers; Cement gun operators; Scaffold builders when working for plasterers; Scaffold builders when working for masons; Water blast machine operators. GROUP 3: Dynamite men; Drillers -air track or wagon drilling for explosives. ---------------------------------------------------------------- LABO1112-002 06/01/2016 RANDOLPH COUNTY Rates Fringes Laborers: GROUP 1.....................$ 21.26 13.80 GROUP 2.....................$ 22.01 13.80 GROUP 3.....................$ 22.26 13.80 LABORER CLASSIFICATIONS GROUP 1: Building and construction laborers; scaffold builders (other than for masons of plasterers); mechanic tenders; window washers and cleaners; railroad workers; masonry wall washers; fortable water pumps with discharge up to 3 inches; signal & flag person GROUP 2: Waterproofing; hauling of creosote lumber or like treated material (excluding railroad material); asphlat rakers and lutemen; kettlemen; air tool operator; pneumatic tool operator; air & electric vibrators and chipping hammer operator; earth compactors; jackman & sheetmen in ditches EXHIBIT_ PAGE CITY OF RICHMOND, WAYNE COUNTY, INDIANA DOWNTOWN FASCADE IMPROVEMENTS PROJECT BID OPENING: MAY 24, 2018 more than 6 feet deep; laborers in ditches 6' deep or deeper; assembly of unicrete pump; tile layers (sewer or field); sewer pipe layers; motor- driven wheelbarrows and concrete buggies; hyster operator; pumperete assemblers; core drill operator; cement, lime or silica clay handlers; handling of toxic materials damaging to clothing; pneumatic spikers; deck engine & winch operator; water main & cable ducking; screed man or screw operator on asphalt paver; chain saw & demolition saw operator; concrete conveyor assembler; asbestos removal; hazardous waste removal GROUP 3: Plaster tenders; mortar mixers; welders (acetylene or electric); cutting torch or burner; cement nozzle laborers; cement gun operators; scaffold builders for plasterers; scaffold builders; water blast machine operator PAIN0012-006 05/01/2017 COMMERCIAL AND INDUSTRIAL DEARBORN, OHIO, RIPLEY AND SWITZERLAND COUNTIES: Rates Fringes PAINTER Bridges, Lead Abatement ..... $ 25.61 9.54 Brush & Roller, Paperhanger, Drywall Taping.$ 24.61 9.54 Sandblasting, Waterblasting.$ 25.36 9.54 Spray .......................$ 25.11 9.54 ---------------------------------------------------------------- PAIN0047-001 06/01/2017 BROWN, DECATUR AND JENNINGS COUNTIES Rates Fringes PAINTER Brush, Roller ...............$ 25.18 12.35 Spray and Sand -Blasting ..... $ 26.18 12.35 ---------------------------------------------------------------- PAIN0118-007 06/01/2017 CLARK, FLOYD AND HARRISON COUNTIES Rates Fringes PAINTER Brush, Roller, Paperhanger, Spray, Sandblast & Waterblast...... $ 19.25 12.27 ---------------------------------------------------------------- PAIN0387-004 11/01/2017 EXHIBIT �oE:� CITY OF RICHMOND, WAYNE COUNTY, INDIANA DOWNTOWN FASCADE IMPROVEMENTS PROJECT BID OPENING: MAY 24, 2018 DEARBORN, FRANKLIN, OHIO, RIPLEY, and SWITZERLAND COUNTIES Rates Fringes GLAZIER ..........................$ 26.00 14.15 ---------------------------------------------------------------- FAIN0669-002 04/01/2017 FAYETTE, FRANKLIN, HENRY, RANDOLPH, RUSH, UNION AND WAYNE Rates Fringes Painters: Brush; Roller; Paperhanging; Drywall Finishers ...................$ 20.50 12.14 Spray/Waterblasting; Sandblasting ................$ 21.50 12.14 -------------------------------------------------------------- PAIN1165-008 07/01/2017 CLARK, FLOYD, HARRISON COUNTIES Rates Fringes GLAZIER ..........................$ 28.18 14.72 ---------------------------------------------------------------- PAIN1165-015 01/01/2018 BROWN, DECATUR, FAYETTE, HENRY, JENNINGS, RANDOLPH, RUSH, UNION, and WAYNE COUNTIES Rates Fringes GLAZIER ..........................$ 26.26 16.22 ---------------------------------------------------------------- PLAS0132-007 07/22/2014 DEARBORN, FRANKLIN (Southern half, south of a line running East and West established South of Brookville), OHIO, RIPLEY and SWITZERLAND COUNTIES Rates Fringes PLASTERER ........................$ 22.60 11.85 ---------------------------------------------------------------- PLAS0692-003 06/01/2016 AREA #46 BROWN and CLARK COUNTIES Rates Fringes EXHIBIT � PAGE�OF� CITY OF RICHMOND, WAYNE COUNTY, INDIANA DOWNTOWN FASCADE IMPROVEMENTS PROJECT BID OPENING: MAY 24, 2018 PLASTERER ........................$ 25.04 13.23 ---------------------------------------------------------------- PLAS0692-011 04/01/2017 AREA #83 DECATUR, FAYETTE, FRANKLIN, HENRY, RANDOLPH, RUSH, UNION and WAYNE COUNTIES Rates Fringes CEMENT MASON/CONCRETE FINISHER ... $ 25.45 13.84 PLASTERER ........................$ 25.49 11.95 ---------------------------------------------------------------- PLAS0692-027 04/01/2017 AREA #566 CRAWFORD, DAVIESS, DUBOIS, GIBSON, HARRISON, KNOX, MARTIN, PERRY, PIKE, POSEY, SPENCER, VANDERBURGH and WARRICK COUNTIES Rates Fringes CEMENT MASON/CONCRETE FINISHER ... $ 25.60 16.66 ---------------------------------------------------------------- PLAS0692-033 05/01/2017 BROWN, CLARKE, DEARBORN, FLOYD, FRANKLIN (SOUTHERN 1/2), JENNINGS, OHIO, RIPLEY AND SWITZERLAND COUNTIES Rates Fringes CEMENT MASON/CONCRETE FINISHER AREA #821...................$ 24.18 13.49 ---------------------------------------------------------------- PLUM0136-002 04/01/2018 REMAINING COUNTIES Rates Fringes Plumbers and Pipefitters......... $ 36.22 18.71 ---------------------------------------------------------------- PLUM0392-006 06/01/2017 DEARBORN, OHIO, RIPLEY, AND SWITZERLAND COUNTIES Rates Fringes Plumbers and Pipefitters......... $ 31.11 18.54 ---------------------------------------------------------------- EXHIBIT -!&_ PAGE J�t-OF!J4 CITY OF RICHMOND, WAYNE COUNTY, INDIANA DOWNTOWN FASCADE IMPROVEMENTS PROJECT BID OPENING: MAY 24, 2018 PLUM0440-004 06/05/2017 FAYETTE, FRANKLIN, HENRY, RANDOLPH, RUSH, UNION and WAYNE COUNTIES Rates Fringes Plumber and Steamfitter.......... $ 36.72 16.09 ---------------------------------------------------------------- PLUM0502-001 08/01/2016 CLARK, FLOYD AND HARRISON COUNTIES Rates Fringes PLUMBER/PIPEFITTER...............$ 32.00 20.13 ---------------------------------------------------------------- ROOF0042-005 08/01/2017 DEARBORN, OHIO and RIPLEY COUNTIES Rates Fringes Roofers: Roofer ......................$ 27.11 14.86 ---------------------------------------------------------------- * ROOF0075-001 05/01/2017 FAYETTE, RANDOLPH, UNION, and WAYNE Counties Rates Fringes ROOFER Composition .................$ 23.88 15.29 Slate & Tile ................$ 24.10 15.29 ---------------------------------------------------------------- * ROOF0119-005 09/01/2016 Rates Fringes ROOFER ...........................$ 24.80 10.75 ---------------------------------------------------------------- ROOF0147-003 04/01/2017 CLARK, FLOYD, HARRISON and SWITZWELAND COUNTIES Rates Fringes ROOFER ...........................$ 23.78 9.83 ---------------------------------------------------------------- SHEE0020-012 07/01/2017 BROWN, DECATUR, FAYETTE, FRANKLIN, HENRY, JENNINGS, RIPLEY, RUSH AND UNION EXHiB(T �AG�, CITY OF RICHMOND, WAYNE COUNTY, INDIANA DOWNTOWN FASCADE IMPROVEMENTS PROJECT BID OPENING: MAY 24, 2018 Rates Fringes Sheet metal worker ...............$ 33.39 21.52 ---------------------------------------------------------------- SHEE0024-006 06/01/2015 RANDOLPH and WAYNE COUNTIES Rates Fringes Sheet metal worker ...............$ 26.27 20.74 ---------------------------------------------------------------- SHEE0024-012 06/01/2015 DEARBORN AND OHIO COUNTIES Rates Fringes Sheet metal worker ...............$ 26.27 20.74 ---------------------------------------------------------------- SHEE0110-007 12/01/2013 CLARK, FLOYD, HARRISON and SWITZERLAND COUNTIES Rates Fringes Sheet Metal Worker ...............$ 28.66 18.03 ---------------------------------------------------------------- TEAM0135-002 04/01/2017 BROWN, CLARK, OEARBORN, DECATUR, FAYETTE, FLOYD, FRANKLIN, HENRY, JENNINGS, OHIO, RANDOLPH, RIPLEY, RUSH, SWITZERLAND, UNION, AND WAYNE COUNTIES Rates Fringes Truck drivers: GROUP 1.....................$ 28.49 A GROUP 2.....................$ 28.99 A GROUP 3.....................$ 29.19 A GROUP 4.....................$ 29.34 A GROUP 5.....................$ 29.84 A A: $33.70 PER DAY & 426.80 PER WEEK. TRUCK DRIVER CLASSIFICATIONS GROUP 1: Single Axle Trucks seven(7) cu.yds. or less than ten and one-half (10 1/2) tons, dumpsters, scoop -mobiles five (5) cu. yds. and under or less than seven and one-half (7 1/2) tons, mixer trucks three (3) cu.yds. and under, air compressors and welding machines, including those pulled by EXHIBIT ._ PAGE �OF� CITY OF RICHMOND, WAYNE COUNTY, INDIANA DOWNTOWN FASCADE IMPROVEMENTS PROJECT BID OPENING: MAY 24, 2018 separate units, batch trucks - wet or dry - 2"34-E batches or less, truck driver helpers, warehousemen, mechanic's helpers, greasers and tiremen, all pick-up trucks and other vehicles. Drivers on dumpsters or similar dumpsters, mounted on a four (4) wheel truck rate two (2) cu.yds. or less and small pallet type fork-lift operator and drivers on pallet jacks or similar type equipment. GROUP 2: Drivers on tandem axle eighteen (16) cu.yds. or twenty-four (24) tons gross, six (6) wheel trucks, Koehring or similar dumpsters, tract trucks, Euclids, hug bottom dumps, tournapulls, tournatrailers, tournarockers, or similar equipment when used for transportation purposes under nine (9) cu.yds. or less than thirteen and one-half (13 1/2) tons, tandems 11and semi -trailer service trucks, mixer trucks over three (3) eu.yds. and including six and one-half (6 1/2) cu.yds., fork lift, four (4) wheel A frame trucks when used for transportation purposes, four (4) wheel winch trucks, pavement breakers, batch trucks -wet or dry -over 2 up to and including 4-1134-E" batches, two (2) men oil distributors, fork-lift under four (4) ton and vacuum trucks. GROUP 3: Koehring or similar dumpsters, tract trucks, sem-trailer water trucks, Euclids, hug bottom dumps, tournapuils, tournatrailers, tournarockers, tractor trailers, tandems Q frame winch trucks, hydrelift trucks or similar equipment when used for transportation purposes, mixer trucks over six and one-half (6 112) cu.yds. batch trucks wet or dry over 4-"34-E"batches single axle low boy trailers, and contractor's mechanics when working on equipment operated by employees within the bargaining unit; six (6) wheel pole trailers and one (1) man oil distributors, fork-lift over four (4) ton and mobile mixers GROUP 4: Drivers on heavy equipment over sixteen (16) cu.yds. or twenty-four ton, such as Koehring or similar dumpsters, tract trucks, Euclids, hug bottom dumps, trounapulls, trornarockers or similar equipment when used for transportation purposes, pole trailers over six (6) wheels, water pulls, low -boy trailers tandem axles, quad axle or more no -weight limitation, disel and /or heavy equipment mechanics when working on equipment operated by employees within the bargaining unit. GROUP 5: Mechanic, with his own tools. --------------------------------------- TEAM0215-006 04/01/2017 HARRISON COUNTY Truck drivers: Rates Fringes EXHiBrr PAGE -%a-OF CITY OF RICHMOND, WAYNE COUNTY, INDIANA DOWNTOWN FASCADE IMPROVEMENTS PROJECT BID OPENING: MAY 24, 2018 GROUP I .....................$ 22.53 17.15 GROUP 2.....................$ 22.99 17.15 GROUP 3.....................$ 23.21 17.15 GROUP 1 Pickup Trucks, Winch Trucks,Warehouseman, Mechanic, Street Sweepers, Single axle Trucks GROUP 2 Tandem Trucks or Dump Trucks; Farm Tractor -Pulling Trailer; Bituminous Distributors, Pavement Breakers GROUP 3 Mixer Trucks, all types; Lowboys, all types; Semi -trucks, all types; All Tri-axle Dump Trucks; Articulated End Dumps; End Dumps; Heavy Equipment Type Water Wagons; Hazardous Waste Warehouseman; Hazardous Waste Driver; and Drivers on 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 or similar equipment ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. 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 EXHIBIT. PAGE ib-Ns CITY OF RICHMOND, WAYNE COUNTY, INDIANA DOWNTOWN FASCADE IMPROVEMENTS PROJECT BID OPENING: MAY 24, 2018 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: SULA2012-007 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 L PAGE 11_-_GIr!�_J EXHIBFJ,L-� CITY OF RICHMOND, WAYNE COUNTY, INDIANA DOWNTOWN FASCADE IMPROVEMENTS PROJECT BID OPENING: MAY 24, 2018 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, IbX_H r �_ PAGE - -� CITY OF RICHMOND, WAYNE COUNTY, INDIANA DOWNTOWN FASCADE IMPROVEMENTS PROJECT BID OPENING: MAY 24, 2018 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 EXHIBIT _Z_ PAGE 21-A OF�yI WAGE REFERENCE SHEET CITY OF RICM4OND -WAYNE COUTY, INDIANA - DOWNTOWN FACADE PROJECT HID OPENING MAY 24, 2018 WAGE DECISION: IN180004 w/ 11 modifications: May 11, 2018 WORKER CLASSIFICATION DB IDENTIFIER # GROUP # RATES FRINGES TOTAL D8 PACKAGE Asbestos worker/heat & frost insulator ASBE0079-002 $ 22.25 $ 8.89 $ 31.14 Hazardous material handler ASBE0079-002 $ 25.00 $ 13.70 $ 38.70 Bricklayer, Stonemason, Pointer, caulker & cleaner BRIN0019-002 $ 29.75 $ 13.50 $ 43.25 Terrazzo Finisher BRIN0019-002 $ 19.36 $ 8.65 $ 28.01 Terrazzo Worker/Setter BRIN0019-002 S 31.11 $ 12.29 $ 43.40 Tile & Marble Finisher BRIN0019-002 S 20.76 S 8.61 $ 29.37 Tile & Marble Setter: Mosaic worker BRIN0019-002 S 30.48 $ 12.19 $ 42.67 Carpenters, drywall installers, piledrivers CARP0104-001 $ 28.02 $ 19.35 $ 47.37 Millwright CARP0104-001 S 27.72 $ 21.45 $ 49.17 Soft floor layers CARP0104-001 $ 21.29 $ 17.44 $ 44.73 Electrician ELEC0855-001 $ 32.22 $ 15.84 $ 48.06 Power equipment operators: ENGI0103-006 GROUP 1 $ 34.80 $ 15.13 $ 49.93 ENG10103-006 GROUP 2 $ 33.85 $ 15.13 $ 48.98 ENGI0103-006 GROUP 3 $ 29.80 $ 15.13 $ 44.93 ENGIO103-006 GROUP 4 $ 26.10 $ 15.13 $ 41.23 Ironworker IRON0290-003 $ 21.00 $ 20.98 $ 47.98 Laborer LABO1047-001 GROUP 1 $ 20.38 $ 13.80 $ 34.18 LAB01047-001 GROUP 2 $ 21.13 $ 13.80 $ 34.93 LABO1047-001 GROUP 3 $ 21.38 S 13.80 $ 35.18 Painters: Brush, roller paperhanging, drywall finishers PAIN0669-002 $ 20.50 $ 12.14 $ 32.64 Painters: Spra /waterblasting, sandblasting PAIN0669-002 $ 21.50 $ 12.14 S 33.64 Glazier PAIN1165-015 $ 26.26 $ 16.22 S 42.48 Cement Mason/Concrete Finisher PLAS0692-611 $ 25.45 $ 13.B4 $ 39.29 Plasterer PAS0692-011 $ 25.49 $ 11.95 $ 37.44 Plumber and Steamfitter PLUM0440-004 $ 36.72 $ 16.09 $ 52.81 Roofer: Composition ROOF0075-001 S 23.88 $ 15.29 $ 39.17 Roofer: Slate & Tile ROOF0075-001 $ 24.10 $ 15.29 $ 39.39 Sheet metal worker SHEE0024-006 $ 26.27 $ 20.74 $ 47.01 Truck drivers: TEAM0135-002 GROUP 1 $ 28.49 A TFAM0135-002 GROUP 2 $ 28.99 A A: $33.70 per day + 426.80 per week TEAM0135-002 GROUP 3 $ 29.19 A TEA110135-002 GROUP 4 $ 29.34 A TEAM0135-002 GROUP 5 $ 29.89 A This is an easy to use reference sheet for Contractors and Subcontractors. The ENTIRE APPLICABLE WAGE DETERMINATION. MUST BE INCLUDED IN CONTRACTS AND POSTED AT THE JOB SITE. *' IN THE EVENT OF A DISCREPANCY, REFER TO ENTIRE APPLICABLE WAGE 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 tJCHiBtT s„_ PAGE LOF 1`1 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 S Office of Federal Contract Compliance Programs (OFCCP) S 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 8 Personnel Actions 8 Conformance Rates 8 Payment of Fringe Benefits 9 Apprentice Participation 9 Overtime Requirements 9 Withholding Payments 9 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) it Note: This document is to be used as a guide for contractors and subcontractors working on Community Development Block Grant protects 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. JE-X-HII-BIITT C- PAGE _ SECTION 5 REQUIRED POSTERS IOSHA 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 EXHIBIT _ PAO SOFA_ 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 36 1-12-14 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. EXHIBIT I PAW C� 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: EXHIBIT _�,_ PAGE 5_10IF-B-1 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; I. 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 3S; Take all necessary precautions to guard against damages to property and injury to persons. SECTION 2 Equal 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 3S, 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 EXHIBIT PAGt`�O 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: "An 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 contractors 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 EXHIBIT C� PAGE _!IL_OF:_ 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 the 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 EXHIBIT PAGE OF, 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 Regulations 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", "ineligib►e", "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 6 EXHIBIT PAGEt)� 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 12S49. 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. EXHIBfT S� PAGE OFF 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 employers 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 all 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 !EXHIBIT _ PAGEC) 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. EXHIBIT Q,- PAGE �4F 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)(B) 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-OOS-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 EXHIBIT Cr PAGE ' F1_j Required Contract Provisions Federally -Assisted Construction Contracts SECTION 4 Health and Safety 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 2926) 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 seg., 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 EXHIBIT (..,-PAGE �q_OF14 MERCHANTS BONDING COMPANY,. MERCHANTS BONDING COMPANY (MUTUAL) • MERCHANTS NATIONAL BONDING, INC. 2100 FLEUR DRIVE • DES MOINES. IOWA 50321-1158 • (800) 678-8171 • (515) 243-3854 FAX Bid Bond CONTRACTOR: (Name, legal status and address) White Oak Construction 10967 E US Highway 136 Indianapolis, IN 46234 OWNER: (Nance, legal status and address) Town of Richmond 631 E. Main Street Richmond. IN BOND AMOUNT: Five Percent (5%) of the total Bid Amount Bond Number: 325964 SURETY: (Name, legal status and principal place of business) Merchants Bonding Company (Mutual) A Corporation 2100 Fleur Drive, Des Moines, IA 50321-1158 PROJECT: (Name, location or address, and Project number, if any) Richmond Historic District Facades, Richmond, IN - Exterior Renovation of six separate turn of the century downtown buildings This document has important legal 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 such 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 die jurisdiction 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 extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate 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 12th day of April, 2018 (Seal) (Witness) !.f tDtc (7 irl� I S�—/ Z Merchants Bonding Company (Mutual) ( (Surety) �`' t` (Seal) ��• (Title) John 1 Dillon. Attomey-in-Fact CON 0657 (6/12) Printed in cooperation with American Institute of Architects (AIA). The language in this document conforms exactly to the language used in AIA Document A310-Bid Bond-2010 X—HB-TV . s. 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. (1) 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 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 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)(11) 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. (ii) (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. (Ili) 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 (0612009) Previous editions are obsolete Page 1 of 5 ref. Handbook 1344.1 EXHIBIT rQ6 PAGE _J_OF _ of the wages of any laborer or mechanic the amount of any communicated in writing to the laborers or mechanics costs reasonably anticipated in providing bona fide fringe affected, and records which show the costs anticipated or benefits under a plan or program, Provided, That the the actual cost Incurred in providing such benefits. Secretary of Labor has found, upon the written request of Contractors employing apprentices or trainees under the contractor, that the applicable standards of the Davis- approved programs shall maintain written evidence of the Bacon Act have been met. The Secretary of Labor may registration of apprenticeship programs and certification of require the contractor to set aside In a separate account trainee programs, the registration of the apprentices and assets for the meeting of obligations under the plan or trainees, and the ratios and wage rates prescribed in the program. (Approved by the Office of Management and applicable programs. (Approved by the Office of Budget under OMB Control Number 1215-0140.) Management and Budget under OMB Control Numbers 2. Withholding. HUD or its designee shall upon its own 1215-0140 and 1215-0017.) action or upon written request of an authorized (11) (a) The contractor shall submit weekly for each week representative of the Department of Labor withhold or in which any contract work is performed a copy of all cause to be withheld from the contractor under this payrolls to HUD or its designee if the agency is a party to contract or any other Federal contract with the same prime the contract, but if the agency is not such a party, the contractor, or any other Federally -assisted contract contractor will submit the payrolls to the applicant subject to Davis -Bacon prevailing wage requirements, sponsor, or owner, as the case may be, for transmission to which'is held by the same prime contractor so much of the HUD or its designee. The payrolls submitted shall set out accrued payments or advances as may be considered accurately and completely all of the information required necessary to pay laborers and mechanics, including to be maintained under 29 CFR 5.5(a)(3)(i) except that full apprentices, trainees and helpers, employed by the social security numbers and home addresses shall not be contractor or any subcontractor the full amount of wages included on weekly transmittals. Instead the payrolls shall required by the contract In the event of failure to pay any only need to include an individually identifying number for laborer or mechanic, Including any apprentice, trainee or each employee (e.g., the last four digits of the employee's helper, employed or working on the site of the work, all or social security number). The required weekly payroll part of the wages required by the contract, HUD or its information may be submitted in any form desired. designee may, after written notice to the contractor, Optional Form WH-347 is available for this purpose from sponsor, applicant, or owner, take such action as may be the Wage and Hour Division Web site at necessary to cause the suspension of any further httn://www.dol.cov/esa/whd/forms/wh347instr htm or its payment, advance, or guarantee of funds until such successor site. The prime contractor Is responsible for violations have ceased. HUD or its designee may, after the submission of copies of payrolls by all subcontractors. written notice to the contractor, disburse such amounts Contractors and subcontractors shall maintain the full withheld for and on account of the contractor or social security number and current address of each subcontractor to the respective employees to whom they covered worker, and shall provide them upon request to are due. The Comptroller General shall make such HUD or its designee if the agency is a party to the disbursements in the case of direct Davis -Bacon Act contract, but if the agency is not such a party, the contracts. contractor will submit the payrolls to the applicant 3. (1) Payrolls and basic records. Payrolls and basic sponsor, or owner, as the case may be, for transmission to records relating thereto shall be maintained by the HUD or its designee, the contractor, or the Wage and Hour contractor during the course of the work preserved for a Division of the Department of Labor for purposes of an period of three years thereafter for all laborers and investigation or audit of compliance with prevailing wage mechanics working at the site of the work. Such records requirements. It is not a violation of this subparagraph for shall contain the name, address, and social security a prime contractor to require a subcontractor to provide number of each such worker, his or her correct addresses and social security numbers to the prime classification, hourly rates of wages paid (including rates contractor for its own records, without weekly submission of contributions or costs anticipated for bona fide fringe to HUD or Its designee. (Approved by the Office of benefits or cash equivalents thereof of the types described Management and Budget under OMB Control Number in Section I(b)(2)(B) of the Davis -bacon Act), daily and 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 I(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)(1), and that such information Is responsible, and that the plan or program has been correct and complete; Previous editions are obsolete form HUD-4010 (06/2009) Page 2 of 5 ref. Handbook 1344.1 EXHIBIT PAGE OF (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.(11)(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. (III) 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. (I) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site In excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified In the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of 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 wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by Previous editions are obsolete forth HUD-4010 (06/2009) Page 3 of 5 ref. Handbook 1344.1 EXHIBIT �_ PAGE 10E-]5_ 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. (111) 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(s) 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. (111) 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 shall 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. Previous editions are obsolete form HUD-4010 (06/2009) Page 4 of 5 ref. Handbook 1344.1 EXHIBIT. PAGE 4 OF 5 (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) of this 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 sea. (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 HUD-4010 (06/2009) Page 5 of 5 ref. Handbook 1344.1 EXHIBIT PAGE �OF