HomeMy Public PortalAbout068-2019 - I&D - Kemna Restoration & Construction - Façade RenovationAGREEMENT
THIS AGREEMENT made and entered into this day of 2019, and referred to as
Contract No. 68-2019 by and between the City of Richmond, Indiana, a municipal corporation
acting by and through its Board of Public works and Safety (hereinafter referred to as the "City")
and Kemna Restoration & Construction, Inc., 1122 Deloss Street, Indianapolis, Indiana, 46203
(hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to perform certain substitution novation "Section 04" 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, had previously been made available for inspection, 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. The parties have agreed that only the specifications in the "Section
04" provisions of said Bid Specification apply to this substitution and novation Agreement. Said
Sections are as follows:
04-01-00 Masonry Repairs;
04--01--20.51 Masonry Cleaning;
04-01 -20.91 Masonry Mortar Restoration;
04-01-40.91 Stone Restoration;
04-05-13.19 Epoxy Injection for Terra Cotta Masonry;
04-05-19 Masonry Anchorage & Reinforcing & Accessories;
pr:7 04-21-00 Architectural Terra Cotta;
04-22-00 New Unit Masonry; and
04--43--00 New Stone Masonry.
Contractor agrees to abide by the same. Contractor also agrees to abide by a certain terminated
contract, designated internally by the City as Contract No. 108-2018. Due to the mutual termination
of the contractual relationship between the City and the prior primary contractor under said Contract
No. 108-2019, and due to the need to retain Contractor herein in a novation capacity, said Contract
No. 108-2018 is incorporated herein by reference and made a part of this Agreement. Contractor
agrees to abide by the same. Exhibit B, Exhibit C. Exhibit D to Contract No. 108-2018 are more
fully described below and Contractor also specifically agrees that said Exhibits are attached to this
Agreement and incorporated herein by reference. This Agreement shall not contain nor attach a
specifically designated "Exhibit A" herein.
Contract No. 68-2019
Page I of 8
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 hereby incorporated by reference and made a
part of this Agreement. Contractor agrees to abide by the same.
Federal Construction Contract Provisions --- Community Development Block Grant Program, consists
of fourteen (14) pages, which provisions are attached as "Exhibit C" and incorporated by reference.
Contractor agrees to abide by the same.
The Bid Bond of the prior primary Contractor had consisted of two (2) pages, which Bid Bond had
been attached as Exhibit D" to said prior Contract No. 108-2018, and incorporated by reference.
Payment and Performance Bonds required of Contractor herein 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 herein
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.
Federal Labor Standards Provisions -- U.S. Department of Housing and Urban Development, 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 (as attached to Contract No. 108--2018), 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 this substituted Agreement conflict with any
of the provisions, terms, or conditions of Agreement No. 108-2018, said Agreement No. 108-2019
shall be controlling on the parties herein, except any provisions pertaining to ."Section 04" Bid Specs,
Compensation, or Term of Agreement. The provisions, terms, and conditions in connection with
"Section 04" Bid Specs,_ Compensation, and Term of Agreement, as more fully set forth above and
set forth below, shall override Agreement No. 108-2018. Should any provisions, terms, or conditions
contained in the required GCRA and/or HUD provisions (Exhibit B, Exhibit C, or Exhibit E) conflict
with this substitution Agreement, the OCRA and/or HUD required provisions shall be controlling
over this substitution 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:
I. 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
Page 2of8
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 Thirty-three Thousand Five
Hundred Dollars and Zero Cents ($33,500.00) 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 IV. 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 December 31, 2019.
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.
Page 3 of 8
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 3 6-1-12-12.
The amount of retainage withheld may not exceed five percent (5%) of the dollar value of all work
satisfactorily completed until one hundred percent (100%) of the project is complete.
SECTION VIII. COMPLIANCE WITH COMMON CONSTRUCTION WAGE LAW
Contractor shall comply with all provisions of Indiana Code 5-16-7 Common Construction wage
law, and shall, during all of Contractor's work under this Agreement, provide the City with complete
and accurate certified payroll documents. Contractor shall use the forms provided by the Department
of Public work and Engineering, unless Contractor has comparable software to generate the certified
payroll documents and such software is approved by the City. Such documents shall be submitted
within forty-eight (48) hours of each pay period for work completed under this Agreement. Should
Contractor fail to timely supply the City with said documents, or if the City has questions concerning
the documents submitted, City reserves the right to do any of the following:
a. Stop payments to Contractor under this Agreement;
b. Interview employees to verify wage payments;
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
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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.
Coverag Limits
A. worker's Compensation & Statutory
Disability Requirements
B. Employer's Liability $100,000
C. Comprehensive General Liability
Section 1. Bodily Injury
Section 2. Property Damage
D. Comprehensive Auto Liability
Section 1.` Bodily Injury
Section 2. Property Damage
$1,000,000 each occurrence
$2,000,000 aggregate
$1,000,000 each occurrence
$1,000,000 each person
$1,000,000 each occurrence
$1,000,000 each occurrence
E. Comprehensive Umbrella Liability $1,000,000 each occurrence
$210007000 each aggregate
SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW
Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall,
before commencing work under this Agreement, provide the City a certificate of insurance, or a
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
Page 5 of 8
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 A CTIVITIE S
Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in
investment activities in Iran. In the event City determines during the course of this Agreement that
this certification is no longer valid, City shall notify Contractor in writing of said determination and
shall give contractor ninety (90) days within which to respond to the written notice. In the event
Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran
within ninety (90) days after the written notice is given to the Contractor, the City may proceed with
any remedies it may have pursuant to IC 5-22-16.5. In the event the City determines during the
course of this Agreement that this certification is no longer valid and said determination is not
refuted by Contractor in the manner set forth in IC 5-22--16.5, the City reserves the right to consider
the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of
the ninety (90) day period set forth above.
SECTION X. PROHIBITION AGAINST DISCRIMINATION
A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting on
behalf of Contractor or any sub -contractor shall not discriminate against any employee or applicant
for employment to be employed in the performance of this Agreement, with respect to hire, tenure,
terms, conditions or privileges of employment or any matter directl0
y 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.
Page 6of8
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
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.
[Signature Page to Follow.]
Page 7 of 8
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
L
By:
Vicki Robinson, President
Richard Fo ore, Member
By:
Emily Pa er, Member
"CONTRACTOR"
KEMNA RESTORATION &
CONSTRUCTION, INC.
1122 Deloss Street
Indianapolis, IN 46203
By:
Printed: 5r y y y ����s� �
Title: J57,K--;PrJ
c ,
APPROVED: I _
Date:
avid IVI. Sn or
Date: 06/(0
Page 8 of 8
CITY OFRICHMOND, WAYNE COUNTY, INDIANA
DOWNTOWN FASCADE IMPROVEMENTS PROJECT
BID OPENING: MAY ?.4, 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) 13659, 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
11 2015. If this contract is covered by the En, the contractor
must pay all workers in any classification listed on this -wage
determination at least $10.35 per hour (or the applicable wage
rate listed on this wage determination, if it is higher) for
ail hours spent performing on the contract in calendar year
2018. The,EO minimum wage rate will be adjusted annually.
Please note that this E0 applies to the above --mentioned types
of contracts entered into by the federal government that are
subject to the Davis -Bacon Act itself, but it does not apply to
contracts subject only to the Davis --Bacon Related Acts,
including those set forth at 29 CFR 5.1 (a) (2) -- (60) . Additional
information on contractor requirements and worker protections
under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0
01/05/2018
1
01/1212018
2
01/19/2018
3
02/09/2018
4
02/23/2018
5
03/16/2018
f
03/30/2018
7
04/06/2018
8
04/13/2018
9
04/20/2018
10
05/04/2018
11
05/11/2018
ASBE0008--004 07/01/2017
DEARBORN, FAYETTE, FRANKLIN, OHIO, RIPLEY SWITZERLAND AND UNION
COUNTIES
EXHIBIT PAGE �'1 •� : O . )
CITY OF RICHMOND, WAYNE COUNTY, INDIANA .
DOWNTOWN FASCADE IMPROVEMENTS PROJECT
BID OPENING: MAY 2412018
Rates Fringes
Asbestos Workers/Insulator
(Includes application of all
insulating materials, .
protective coverings,
coatings & finishings to all
types of mechanical systems).....$ 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
ASBEOOIB-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
mechanccal systems) ......... .,...$ 31.24
19.44
HAZARDOUS MATERIAL HANDLER
(includes preparation,
wettings r 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,
f
EXNI13I7 PAGE � �
CITY OF RICHMOND, WAYNE COUNTY, INDIANA
DOWNTOWN FASCADE IMPROVEMENTS PROJECT
BID OPENING: MAY 24, 2019
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
BCILERMA{ER......................$ 33.76 24.45
--------------w-----------.•----------------w-w-w--�-
BOIL0374-001 03/01/2018
REMAINING COUNTIES
Rates Fringes
BOILERMAI{ER...............,......$ 37.22 27.65
^----------------w-----w-------------r-ww------
BRIN0004-019 06/01/2016
LOUISVILLE
CLARK, FLOY❑ AND HARRISON COUNTIES
Rates Fringes
BRICKLAYER ....................... $ 25.96 11.85
Marble, Tile Layer & Terrazzo
Worker $ 22.64 6.05
TILE.FIIiiSHER..................:.$ 15.42 5.37
EJ(HIBfT �, PAGE4--OFq*tLj
CITY OF RICHMOND, WAYNE COUNTY, INDIANA
DOWNTOWN FASCADE IMPROVEMENTS PROJECT
BID OPENING: MAY 24, 2018
wow-��rwwrrw...w-r..rww-w�.wwwwwwwrw-r----------
BRIN0004-022 06/01/2 017
BROWN, DEARBORN, DECATURr JENNINGS,OHIO, RIPLEY and SWITZERLAN ❑
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
r--------r----------------r---w--------------------
BRIN0019-002 06/01/2017
MUNCIE
FAYETTE, FRANKLIN, HENRY, RANDOLPHr
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 SWITZERLAN❑ COUNTIES
Rates Fringes
CARPENTER
Carpenter...................$ 24.93 19.90
Piledriver. .................$ 25.93 19.90
-------------------w...------ ...--..-------rr-- ---
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
...r-ww----------------------w--------r-r----r+---r--------------
EXHIBIT A�L PAGE ±_OFt!j
r � .
CITY OF RICHMONDiWAYNE 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
---w---
-----------------------------
CARP0999-009 06/01/2014
CLARK, FLOYD, AND HARRISION COUNTIES
Rates
Fringes
MILLWRIGHT .......................$
25.90
---------
19.47
--------
----r-----wr-r-w------------------r-r-w-------rr
CARP1080-003 06/01/2017
DEARBORN, JENNINGS, OHIO, RIPLEY
AND SWITZERLAN❑
COUNTIES
Rates
Fringes
MILLWRIGHT.......................$
27.72
21.45
------..-------
w-w-------------------ww----------------w------w-.-
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
r^---rr---------------------------- -... w+.+r+...w--------------.-.-----
ELE00071-006 01/02/2017
DEARBORN, OHIO, and SWTIZERLAN❑ COUNTIES
Rates Fringes
Line Construction;
Equipment Operator..........$ 32.24 12.59
Groundman................... $ 23.28 10.62
Lineman & Cable Splicers....$ 36.64 13.57
-------------w------w--w------r-rr --w-------------
ELECO212-009 06/05/2017
DEARBORN, OHIO, and SWITZERIAND COUNTIES
Rates Fringes
EXHIBIT.et_PAG� �5 Or�.��
CITY OF RICHMOND, WAYNE COUNTY, INDIANA
DOWNTOWN FASCADE IMPROVEMENTS PROJECT
BID OPENING: MAY 2412018
ELECTRICIAN ...................... $ 27.90
17.56
--r--rw---w--------w----------------------------rw--------------
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
❑ECATUR, JENNINGS, RIPLEY AND RUSH COUNTIES
Rates
Fringes
ELECTRICIAN ......................$ 34.50
19.82
w--w-----r--r-w-----------w.....------w--w-----
ELECO725-00I 03/01/2018
--r-....-
BROWN COUNTY
Rates Fringes
ELECTRICIAN ......................$ 36.22 19.14
-----.+ -------www--r---ww-wr-------- --ww----------w--w w-----
ELEC0725-008 06/01/2017
BROWN COUNTY
Rates Fringes
Communication Technician ......... $ 27.65 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.
---w------------r--r---wr------rwr-ww-r-w-r--y..--.-.--w----------r-
ELECO855-001 06/01/2017
FAYETTE, FRANKLIN, HENRY, RANDOLPH, UNION AND WAYNE COUNTIES
Rates Fringes
ELECTRICIAN ......................$ 32.22 15.84
----r----w-----------------------------------_---_----------_--_�....r---
ELEV0434-001 01/01/2018
EXHIBIT PAGE jp_�
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;
6% for less than 5 years' service.
------- ---rrr - w---------ram----------------r--------
ENGIO103-006 04/01/2016
FAYETTE, HENRY, RANDOLPH, RUSH, UNION, and WAYNE COUNTIES
Rates Fringes
Power equipment operators:
GROUP 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 Litt -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;
EIEXH f BIT A- PAGE �i:„OFAL.Q
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
-------------- _---- __--______r___-_--_-____-----__
ENGI0191-012 04/01/201.7
BROWN, CLARK, DEARBORN, ❑ECATUR, FLOYD, FRANKLIN, HARRISON,
JENNINGS, OHIO, RIPLEY, and SWITZERLAND COUNTIES
Rates Fringes
Power equipment operators:
GROUP A.....................$ 33.93 15.1.5
GROUP B.....................$ 25.90 15.15
POWER EQUIPMENT OPERATOR CLASSIFICATIONS
GROUP A; A --Frame Winch Truckr Articulating dump, autograde
(CMI) , auto patrol., ballast regulator (RR) , batcher 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)r concrete paver, concrete pump (crete),
construction elevator (Allmac or similar) crane, cranemanr
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 engineerf drill operator, elevating
grader, extendable boom forklift, formless paver, gantry
creane, gator (or similar type tiller) , gradeall, grader,
grademan, greaser (on g}cease 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),
EXHIBIT �PAGE��I. �i''�
CITY OF RICHMOND, WAYNE COUNTY, INDIANA
DOWNTOWN FASCADE IMPROVEMENTS PROJECT
BID OPENING; MAY 24, 2018
hydraulic crane, hydra blaster, Industrial type forklift
(over 9,000 lbs), laser concrete screed, laser or remote
controlled equipment (within the classifications),
locomotive crane, locomotive, mechanic, mobile mixers motor
crane, mucking machine, multiple tamping machine (RR)
overhead crane, pile driverr 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) r tower crane, trench
machine, welder (heavy duty), truck mounted concrete pump,
truck -mounted drill, vacuum truck, well point, whirleys.
GROUP B ; Air Compressor ( I 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 r generator, guard-rail dfriver, heater, oiler,
Industrial type forklift (9,400 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)r steam
jenny, sub grader, tamping machine, truck crane oiler,
truck mounted drill oiler, Tugger (one -drum, air or
eiectric) 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.
---------- --------r-------F.-----------------._---------------
IRON0022--002 06/01/2017
BROWN, DECATUR (W 3 / 4) , FAYETTE (W 1 / 2) , FRANKLIN (NW TIP) ,
HENRY, JENNINGS (NW TIP)r RANDOLPH (SW TIP), AND RUSH COUNTIES:
Rates Fringes
IRONWORKER.Abeat* ................$ 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.
r----------an-----rrw----------------------- 1. -------------------
IRON0044-007 06/01/2017
DEARBORN, DECATUR (REMAINDER OF COUNTY), FAYETTE (SE CORNER),
FRANKLIN (S. 3/4)r OHIOr RIPLEY (REM. OF COUNTY), SWITZERLAND
(REM. OF COUNTY) , & JENNINGS (NE TIP) COUNTIES:
EXHIBIT „� PAGE M',
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 a Ornamental.....$ 26.97
--------- ....
20.10
------ r•rrr----- r---....---
.r--r-w�+----------r--------.-
IRON0070-007 06/01/2017
CLARK, FLOYD, RARRISON, JENNINGS (S 2/3),
SWITZERLAND (SW TIP),
AND RIPLEY (SW TIP) COUNTIES
Rates
Fringes
IRONWORKER .......................$ 28.30
21.85
------ "--- ------r--
--r---wr---wr--------.ter-------r-r----r--rww.r---
IRON0070-019 06/01/2016
DEARBORNF 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
-----w.--m----------r.'w
IRON0147-003 06/01/2017
RANDOLPH COUNTY
Rates Fringes
IRONWORKER .......... .............$ 26.34 21.77
-r----r..---r.------------------w--r--r--w---rr--------------rrr-rr
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
--wwr--N-r--r-- w-----rrr---wrr--wr- ------ --w----w-------w-
LAB00741-002 06/01/2016
BROWN, DEARBORN, DECATUR, FR.ANKLIN, JENNINGS, OKIO, and RIPLEY
COUNTIES
Rates Fringes
1EXHIBITZ. PAGE jtLOF
CITY OF RICHMOND, WAYNE COUNTY, INDIANA
DOWNTOWN FMCADE IMPROVEMENTS PROJECT
BID OPENING: MAY 24, 2018
Laborers:
GROUP I ......... ............$ 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; Cements 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.
LABOO7 95--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 PAG!;,��
CITY OF RICHMOND, WAYNE COUNTY, INDIANA
DOWNTOWN FASCADE IMPROVEMENTS PROJECT
BID OPENING: MAY 24, 2018
GROUP 1: Building and Construction Laborers, Scaffold
• Builders bother than for Masons or Plasterers), Mechanic
Tenders, Rodmen & Chairmen? 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 I .....................$ 20.38 13.80
GROUP 2.....................$ 21.13 13.80
GROUP 3 . . . . . . . . . . . . . . . . . . . . . $ 2 1.3 8 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
EXHI8lT PAGE
CITY OF RICHMOND, WAYNE COUNTY, INDIANA
DOWNTOWN FASCADE IMPROVEMENTS PROJECT
BID OPENING: MAY 24, ZD18
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.
.�y-rr-wrrrw-w^rrw---..-----rrrrr rf. r w+ter----wr r ilk
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 parson
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 A_k_0 A�j
CITY OF RICHMOND, WAYNE COUNTY, INDIANA
DOWNTOWN FASCADE IMPROVEMENTS PROJECT
BID OPENING: MAY 241 2018
more than 6 feet deep; laborers in ditches 6' deep or
deeper; assembly of unicrete pump; the 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
rww--rrwr....--r--------r-r-w-w�rrrwr-w....r-f rrrw--�.rrrr-r+•.wwr.�rr-r--
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
------r....r.-.r--rr-rrrr r r..+-------------------�rwwr ri�rrww� rwwr-wrw�w
PAIN0047-001 06/01/2017
BROWN, DECATUR AND JENNINCS COUNTIES
Rates Fringes
PAINTER
Brush, Roller...........,...$ 25@18 12.35
Spray and Sand --Blasting.....$ 26.18 12.35
---w-........---w------r------------ ----------------------
PAIN0118-007 06/01/2017
CLARK, FLOYD AND HARRISON COUNTIES
Rates Fringes
PAINTER
Brush, Roller,
Paperhanger, Spray,
Sandblast & Waterblast......$ 19.25 12.27
-------------w---rrrr-w-----r---------r- -----r rr-.r--r-w-..nw------
PAIN0387-004 11/01/2017
��IB IT C3E �r
CITY OF RICHMOND, WAYNE COUNTY, INDIANA
DOWNTOWN FASCADE IMPROVEMENTS PROJECT
BID OPENING: MAY 24, 2018
DEARBORN, FRANKLIN, OHIO, RIPLEY, and SWITZERLAND COUNTIES
Rates Fringes
I
GLAZIER..........................$ 26.00 14.15
ww--w----------------------w------- ..-.--ter------w.----wwww-ram.--ww
PAIN0669--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/Waterblas tang;
Sandblasting ......... .......$ 21.50 12.14
--------- -.-------------------r-------------w-------ter---w--------
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
--w------------------------------w---- ------
PLAS0692-003 06/01/2016
AREA # 4 6
BROWN and CLARK COUNTIES
Rates Fringes' `
EEXH1:81T 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
- - - - - - - - - - r - - - - - _ r _ - r - - w - - - - - - r - - - - - r - - w - w - - r - - - - - - w . _ r .. - - - - r r - -
PLAS0692--027 04/01/2017
AREA #566
CRAWFORD, DAVIESS, DUBOIS, GIBSON, HARRISON, KNOK, MARTIN,
PERRY, PIKE, POSEY, SPENCER, VANDERBURGH and WARRICK COUNTIES
Rates Fringes
CEMENT MASON/CONCRETE FINISHER ... $ 25.60 16.66
.rww--rr--rwr_.�w_wrrww..rrw----w-ww----wrrw__----w.r .rw----- --_----w
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...................$ 24918 13.49
•------------------w------w_-rw-----.-....---------------r..�wwwa r.w w..www
PLUM0136-002 04/01/2010
REMAINING COUNTIES
Rates Fringes
Plumbers and Pipefitters......... $ 36.22 18.71
1---w----wr-ww�.Mw---r------r-----r__rw-wr---w�.�_r.•--_----
....-rww__www
PLUM0392-006 06/01/2017
DEARBORN, OHIO, RIPLEY, AND SWITZERLAND COUNTIES
Rates Fringes
Plumbers and Pipefitters......... $ 31.11 18.54
-------------------------------rr'r_--ww_-_w_w-_r__r----w_rr_--w--
EXNIBIT_e PAGE Ltt-_OF1�4
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
rr-------------- w-r--------wrrw----r-------------w--------------
PLUM0502-001 08/01/2016
CLARKr FLOYD AND HARRISON COUNTIES
Rates Fringes
PLUMBER/PIPEFITTER...............$ 32,00 20.13
------------------- --ww------w-.-------
ROOF0042-005 08/01/2017
DEARBORN, OHIO and RIPLEY COUNTIES
Rates Fringes
Roofers:
Roofer ......................$ 27.11 14.86
------------------- -----------------------------
* ROOF0075-001 05/01/2017
FAYETTE, RANDOLPHr UNION, and WAYNE Counties
Rates Fringes
ROOFER
Composition .................$ 23.88 15.29
Slate & Tile ..:.............$ 24.10 15.29
--r-----ww--r------------------ w- ►.-------------w-------r-r------
* 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
------------r--w----------------------------------------------------
SHEE0020-012 07/01/2017
BROWN, DECATUR, FAYETTE, FRANKLIN, HENRYr JENNINGS, RIPLEYr
RUSH AND UNION
FE-XO-A"IBfT �,_ AG �.�
� !F
CITY OF RICHMOND, WAYNE COUNTY, INDIANA
DOWNTOWN FASCADE IMPROVEMENTS PROJECT
BID OPENING; MAY 24, 2018
Rates Fringes
Sheet metal worker. 33.39 21.52
------r-----..-------- -----.+--r---------rr-----------.,,.----------
SHEE0024-006 06/01/2015
RANDOLPH and WAYNE COUNTIES
i
Rates Fringes
Sheet metal worker ...............$ 26.27 20.74
--r----r------r--.r-------------------------r-- ------------ w----r'
SHEE0024-012 06/01/2015
DEARBORN AND OHIO COUNTIES
Rates
Fringes
Sheet
metal worker..........,. ,
r'-------------r---------------rr--------r----
$ 26,27
20.74
------r-------+
SHEE0110--007 12/01/2013
CLARK,
FLOYD, HARRISON and SWITZERLAND
COUNTIES
Rates
Fringes
Sheet
Metal. Worker ...............$
---------- r-------------------------r--------
28966
18.03
----r-------------~
TEAM0135-002 04/01/2017
BROWN,
CLARK, DEARBORN, ❑ECATUR,
FAYETTE, FLOYD,
FRANKLIN,
HENRY,
JENNINGS, OHIO, RANDOLPH,
RIPLEY, RUSH, SWITZERLAND,
UNION,
AND WAYNE COUNTIES
Rates Fringes
Truck drivers:
GROUP lee ...................$ 28A9 A
GROUP 2.....................$ 28.99 A
GROUP3.....................$ 29.19 A
GROUP4 . . . . , . . , , , 0.@ , , . . . . , , . $ 29934 A
GROUP 5 . . ■ , • • . . . . . ■ • . . • ■ . • . . $ 2 9 ■ 8 4 A
A: $3.3.70 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 (lO 1/2) tons, dumpsters, scoop -mobiles
five ( 5 ) cu . yda . 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 ;
=EXH1E11Tjb_,_=PAE �4 ..OF��
CITY OF RICHMOND, WAYNE COUNTY, INDIANA
DOWNTOWN FASCADE IMPROVEMENTS PROJECT
BID OPENING: MAY 24, 2018
separate units, batch trucks - wet or dry - 21134--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 (18) cu.yds. or
twenty-four ( 24 ) tons gross, six ( 6 ) wheel trucks, Koehring
or similar dumpsters, tract trucks, Euclidse hug bottom
dumps, tournapulls, tournatrailers, tournarockersr 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 and semi -trailer service•trucks, mixer
trucks over three (3) 4u.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-"34-E"
batches, two (2) men oil distributors, fork-lift under four
( 4 ) ton and vacuum trucks.
GROUP 3: Koehring or similar dumpstersr tract trucks,
sem-trailer water trucks, Euclids, hug bottom dumps,
tournapulls, tournatrailers, tournarockers, tractor
trailers, tandems Q frame winch trucks, hydrolift trucks or
similar equipment when used for transportation purposes,
mixer trucks over six and one --half (6 1/2) 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, trounarockers or similar equipment when used
for transportation purposesf pole trailers over six (6)
wheels, water pulls, low --boy trailers tandem axles, quad
axle or more no --weight limitation, di.sel and /or heavy
equipment mechanics when working on equipment
operated by employees within the bargaining unit.
GROUP 5: Mechanic, with his own tools.
------------------- ---- f--------------w
TEAM0215-006 04/01/2017
HARRISON COUNTY
Truck drivers:
Rates . Fringes
ffE__X_H_1BIT PA d E
.CITY OF RICHMOND, WAYNE COUNTY, INDIANA
DOWNTOWN FASCADE IMPROVEMENTS PROJECT
BID OPENING: MAY 2402018
GROUP 1.....................$ 22.53 17.15
GROUP 2.....................$ 22.99 17.15
GROUP 3.....................$ 23.21 17.15
GROUP 1 Pickup Trucks, Winch Trucks,Warehous'eman, 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
-..---w-r-------��------------ --- 9--------- - ----------------
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 Q PAGE Q0 •�_�
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
Classifications) 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-CH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
EXHIBIT Z PAGE �0F i�J
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.
Washingtont 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)1, 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,
[EXH113rT $� PAGE _0f
CITY OF RICHMOND, WAYNE COUNTY, INDIANA
DOWNTOWN FASCADE IMPROVEMENTS PROJECT
BID OPENING: MAY 2412018
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 � PAGE �0 ,�_
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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
EXHIBIT PAGE L.0F1'1
TABLE OF CONTENTS
SECTION I GENERAL INFORMATION
Page #
Bonding Requirements
1
Retainage
1
Change Orders
1
Conflict of Interest
1
Code of Conduct
1
Record Retention
1
Access to Records
1
Contract Provisions
2
Certification Regarding Use of Contract Funds for Lobbying
2
SECTION 2 EQUAL EMPLOYMENT OPPORTUNITY REGULATIONS
Nondiscrimination
3
EEO Officer
3
Dissemination of EEO Policy
3
Recruitment of Employees
4
Selection of Subcontractors, Procurement of Materials
and Leasing of Equipment
4
EEO Records and Reports
4
Nonsegregated Facilities
4
Falsification of Documents
5
Section 3
5
Office of Federal Contract Compliance Programs (OFCCP)
5
SECTION 3 FEDERAL LABOR STANDARDS REGULATIONS
Regulations
6
Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion
6
Instructions for Certification Lower Tier Covered Transactions
7
Payment of Prevailing Wages
8
Personnel Actions
8
Conformance Rates
B
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 & dater Act(s) 11
Note: This document is to be used as a guide for contractors and subcontractors working on Community Development Block Grant
projects in the State of Indianan. 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.
[EXHIBIT 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 S 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
ExHigrr .0
Required Contract Provisions
Federally -Assisted Construction Contracts
SECTION_1 General informal
BONDING REQUIREMENTS:
IC 36-1-12-4.5, IC 36-1-12-13.1, IC 361-12-14 e
The minimum requirements for contracts exceeding $100,000
for construction shall be as follows:
1. A Bid Bond or a certified check shall be filed with each
bid equivalent to 596 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 contractors 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 (2ao%) 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 hoard'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 subreciplents, 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 8S.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.
1
EXH I BIT „ PA191f 6PTQ
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 $1o0,000 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
1358), Executive Order 1173% 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 $100,040 -- 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-L.LC.,, "Disclosure Form to Report
Lobbying", In accordance with its instructlons.
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 falls 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:
2
EXHI
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Required Contract Provisions
Federally -Assisted Construction Contracts
a. Prohibit discrimination based on race, color or
SECTION 2 Equal Employment Opportunity
.
national origin under Title VI of the Civil Rights Act of
Regulations
1964;
b. Prohibit discrimination on the basis of sex under Title
NONDISCRIMINATION:
VII of the Civil Rights Act of 1964 and amended by the
Equal Employment Opportunity Act of 1972;
(Applicable to all Federal -aid construction contracts and to all
c. Prohibit discrimination on the basis of age under the
related subcontracts of $10,000 or more)
Age Discrimination Act of 1975;
d. Prohibit discrimination on the basis of disability under
Equal employment opportunity (EEO) requirements not to
Section 504 of the Rehabilitation Act of 1973;
discriminate and to take affirmative action to assure equal
e. Take affirmative action to employ and advance
opportunity as set forth under laws, executive orders, rules,
qualified disabled people under Section 503 of the
regulations (28 CFR 3S, 29 CFR 1630 and 41 CFR 60) and orders
Rehabilitation Act of 1973;
of the Secretary of Labor as modified by the provisions
f. Promote and Insure equal opportunity for all persons,
prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall
without regard to race, color, religion, sex, or national
constitute the EEO and specific affirmative action standards for
origin under Executive Order 11246 as Amended;
the contractor's project activities under this contract. The
g. Display posters which summarize the Federal laws
Equal Opportunity Construction Contractor Specifications set
prohibiting fob discrimination based on race, color,
forth under 41 CFR 60-4.3 and the provisions of the American
sex, national origin, religion, age, equal pay and
Disabilities Act of 1990 (42 US.D.12101 at seg.) set forth under
disability;
28 CFR 35 and 29 CFR 1630 are incorporated by reference in
h. Prohibit discrimination based on disability under the
this contract. In the execution of this contract, the contractor
Americans with Disabilities Act of 1990;
agrees to comply with the following minimum specific
1. Assure that all buildings assigned for public use be
requirement activities of EEO.
designed, constructed and altered so as to be
accessible to and usable by persons with physical
The contractor will work with the awarding agency and the
disabilitles under the Architectural Barriers Act of
Federal Government in carrying out EEO obligations and in their
1968; and
review of his/her activities under the contract.
j, Avoid maintaining or providing any segregated
facilities.
The contractor will accept as his operating policy the
Any and all contractors, subcontractors, independent
following statement:
'it 1s the policy of this Company to assure that applicants are
contractors, suppliers, facilitators or any person participating in
employed, and that ernpIoyees are treated during employment,
any program or activity receiving federal financial assistance
without regard to their- race, religion, sex, color, national origin,
shall:
age or disability. Such action shall Include: employment,
upgrading, demotion, or transfer, recruitment or recruitment
Comply with the provisions for the elimination of Lead-
advertising; layoff or termination; rates of pay or other forms of
Based paint hazards under 24 CFR Part 35;
compensation, and selection for training, Including
apprenticeship,,preapprenticeshlp, and/or on-the-job training."
Take all necessary precautions to guard against damages to
property and injury to persons.
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 contractors EEC) policy and contractual responsibilities to
3
EXHIBIT PAGE. a .OFF.
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 thlrty
days following their reporting for duty with the contractor.
Ali 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
oth er a pprop riate 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 provisians of that agreement to the extent that the system
permits the contractor's compliance with EEO contract
provisions. (The DOL has held that where implementations of
such agreements have the effect of discriminating against
minorities or women, or obligates the contractor to do the
same, such implementation violates Executive Order 11246, as
amended.)
- The contractor will encourage his present employees to
refer minority group applicants for employment, Information
and procedures with regard to referring minority group
applicants will be discussed with employees.
SELECTION OF SUBCONTRACTORS, PROCUREMENT OF
MATERIALS AND LEASING OF EQUIPMENT:
The contractor shall not discriminate on the grounds of race,
color, religion, sex,, national origin, age or disability In the
selection and retention of subcontractors, Including
procurement of materials and leases of equipment.
The contractor shall notify all potential subcontractors and
suppliers of his/her EEO obligations under this contract.
Disadvantaged business enterprises (DBE) as defined in 49
CFR 23, shall have equal opportunity to compete for and
perform subcontracts which the contractor enters into
pursuant to this contract. The contractor will use his best
efforts to solicit bids from and to utilize•DBE subcontractors or
subcontractors with meaningful minority group and female
representation among their employees.
The contractor will use his best efforts to ensure
subcontractor compliance with their EEO obligations.
EEO RECORDS AND REPORT5:
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 plates for inspection by authorized
representatives. The records Kept by the contractor shall
document the following:
The number of minority and non-minorlty group members
and women employed In each work classification on the
project;
The progress and efforts being made In cogperation 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
EXHlBlT � PAGE �,OFj�
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.0 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 DOS, 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
CUBG 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 constructlan 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
constructlon 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
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.dal.aoylesa/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 317-226-5960.
SECTION a6nr Standards Re ufatlons
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
TRANSAMONS:
(Applicable to all Federal -aid contracts 49 CFR 29)
By signing and submitting this proposal, the prospective
primary participant is providing the certification set out below.
The inability of a person to provide the certification set out
below will not necessarily result In denial of participation In this
covered transaction. The prospective participant shall submit
an explanation of why It cannot provide the certification set out
below. The certification or explanation will be considered in
connection with the department or agency's determination
whether to enter Into this transaction. However, failure of the
prospective primary participant to furnish a certification or an
explanation shall disqualify such a person from participation In
this transaction.
The certification in this clause Is a material representation of
fact upon which reliance was placed when the department or
agency determined to enter into this transaction, if It is later
determined that the prospective primary participant knowingly
rendered an erroneous certification, in addition to other
remedies available to the Federal Government, the department
or agency may terminate this transaction for cause or default
The prospective primary participant shall provide Immediate
written notice to the department or agency to which this
proposal is submitted if any time the prospective primary
participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed
circumstances.
The terms "covered transaction". "debarred", "Suspended",
"Ineligible", "lower tier covered transaction', "participant",
"person", "primary covered transaction,' "principal,"
"proposal." and "voluntarily excluded," as used In this clause,
have the meanings set out in the Definitions and Coverage
sections of rules implementing Executive Order 12549. You
may contact the department or agency to which this proposal is
submitted for assistance in obtaining a copy of those
regulations.
The prospective primary participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered Into, It shall not knowingly enter Into any lower tier
covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in
this covered transaction, unless authorized by the department
or agency entering Into this transaction.
The prospective primary participant further agrees by
submitting this proposal that It will Include the clause titled
'Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion -Lower Tier Covered Transaction,"
provided by the department or agency entering Into this
covered transaction, without modification, in all lower tier
covered transactions and In all solicitations for lower tier
covered transactions.
A participant In a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that Is not debarred, suspended, Ineligible, or
voluntarily excluded from the covered transaction, unless It
knows that the certification Is erroneous. A participant may
decide the method and frequency by which it determines the
eligibility of its principals. Each participant may, but is not
required to, check the non -procurement portion of the "Lists of
Parties Excluded from Federal Procurement or Non -
procurement Programs" (Non -procurement List) which Is
compiled by the General Services Administration.
Nothing contained in the foregoing shall be construed to
require establishment of a system of records In order to render
In good faith the certification required by this clause. The
knowledge and information of participant is not required to
exceed that which Is normally possessed by a prudent person in
the ordinary course of business dealings.
If a participant In a covered transaction knowingly enters
Into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from
participation in this transaction, In addition to other remedies
EEXH:1BIT 5,�, PAG��
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 $25,1700 OR MORE
By signing and submitting this proposal, the prospective
lower tier is providing the certification set out below.
The certification in this clause is a material representation of
fact upon which reliance was placed when this transaction was
entered Into. If It is later determined that the prospective
lower tier participant knowingly rendered an erroneous
certification. In addition to other remedies available to the
Federal Government, the department, or agency with which
this transaction originated may pursue available remedies,
including suspension and/or debarment.
The prospective lower tier participant shall provide
Immediate written notice to the person to which this proposal
Is submitted If at any time the prospective lower tier participant
learns that its certification was erroneous by reason of changed
circumstances.
The terms "covered transaction," "debarred," "suspended,"
'Ineligible," "primary covered transaction,' "participant,"
"person," "principal," "proposal," and 'voluntarily excluded," as
used in this clause, have the meanings set out in the Definitions
and Coverage sections of rules implementing Executive Order
12549. You may contract the person to which this proposal Is
submitted for assistance in obtaining a copy of those
regulations.
The prospective lower tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who Is debarred, suspended,
declared ineligible, or voluntarily excluded from participation In
this covered transaction, unless authorized by the department
or agency with which this transaction originated.
The prospective lower tier participant further agrees by
submitting this proposal that It will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion -Lower Tier Covered Transaction,"
without modification, in all lower tier covered transactions and
In all solicitatlons 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.
1EXHIBITS.... PAGE tb..OF,�
r
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 Davls-Bacon Act (40 U.S.C. 276a) an
behalf of laborers or mechanics are considered wages paid.
Regular contributions made or costs Incurred for more than a
weekly period (but not less often than quarterly) under plans,
funds, or programs, which cover the particular weekly period,
are .deemed to be constructively made or incurred during such
weekly period. Such laborers and mechanics shall be paid the
appropriate wage rate and fringe benefits on the wage
determination for the classification of work actually performed,
without regard to skill.
Laborers or mechanics performing work In more than one
classification may be compensated at the rate specified for
each' classification for the time actually worked therein,
provided, that the employer's payroll records accurately set
forth the time spent In each classification in which work is
performed.
All rulings and interpretations of the DavIs-Bacon Act and
related acts contained in 29 CFR 1, 3 and 5 are herein
Incorporated by reference in this contract.
PERSONNEL ACTIONS:
Wages, working conditions, and employee benefits shall be
established and administered, and personnel actions of every
type including hiring, upgrading, promotion, transfer,
demotion, layoff, and termination, shall be taken without
regard to race, color, religion, sex, national origin, age or
disability. The following procedures shall be followed:
The contractor will conduct periodic Inspections of project
sites to insure that working conditions and employee facilities
do not indicate discriminatory treatment of project site
personnel.
The contractor will periodically evaluate the spread of
wages paid within each classification to determine any
evidence of discriminatory wage practices.
The contractor will periodically review selected personnel
actions In depth to determine whether there Is evidence of
discrimination. Where evidence is found, the contractor will
promptly take corrective action. if the review Indicates that the
discrimination may extend beyond the actions reviewed, such
corrective action shall include all affected persons.
The contractor will promptly Investigate all complaints of
alleged discrimination made to the contractor in connection
with his obligations under this contract, will attempt to resolve
such complaints, and will take appropriate corrective action
within a reasonable time. if the Investigation indicates that the
discriminatlon may affect persons other than the complainant,
such corrective action shall include such other person$. 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
EXHIB►T .. _ PAGE �a ��
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 tabor
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 He
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 DOI.
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 PAGE JjL0 F11-
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 029-005-0014-11, 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".
io
�... ,: .
EXHIBIT C. PA .��.. -
I
Required Contract Provisions
Federally -Assisted Construction Contracts
SECTION 4 Health and Safet
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 shalt 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.0 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:
(Appilcable 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 sqg., as amended by
Pub.L. 91-604), and under the Federal Water Pollution Control
Act, as amended (33 U.S.C. 1251 et sect., as amended by Pub.L.
92-500), Executive Order 11738, and regulations in
implementation thereof (40 CFR 151 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 shalt 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.
EXHIBIT � PAGE nOF�
11
Federal Labor Standards Provisions U.S. Department of Housing
and Urban Development.
Mice 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 Davls-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)(1i) 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.
(1I) (a) Any class of laborers or mechanics which is not
listed in the wage determination and which is to be
employed under the contract shall be classified in
conformance with the wage determination. HUD shall
approve an additional classification and wage rate and
fringe benefits therefor only when the following criteria
have been met:
(1) The work to be performed by the classification
requested Is not performed by a classification in the wage
determination; and
(2) The classification is utilized in the area by the
construction Industry; and
(3) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the
wage rates contained In the wage determination.
(b) if the contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and HUD or its designee agree on the
classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report
of the action taken shall be sent by HUD or its designee to
the Administrator of the Wage and Hour Division,
Employment Standards Administration, U.S. Department of
Labor, Washington, D.C. 20210. The Administrator, or an
authorized representative, will approve, modify, or
disapprove every additional classification action within 30
days of receipt and so advise HUD or its designee or will
notify HUD or Its designee within the 30-day period that
additional time Is necessary. (Approved by the Office of
Management and Budget under OMB control number 1215-
0140.)
(c) In the event the contractor, the laborers or mechanics
to be employed in the classification or their
representatives, and HUD or its designee do not agree on
the proposed classification and wage rate (including the
amount designated for fringe benefits, where appropriate),
HUD or Its designee shall refer the questions, Including
the views of all Interested parties and the recommendation
of HUD or Its designee, to the Administrator for
determination. The Administrator, or an authorized
representative, will Issue a determination within 30 days of
receipt and so advise HUD or Its designee or will notify
HUD or Its designee within the 30-day period that
additional time is necessary. (Approved by the Office of
[Management and Budget under 'OMB Control Number
1215-0140.)
(d) The wage rate (including fringe benefits where
appropriate) determined pursuant to subparagraphs
(1)(ii)(b) or (c) of this paragraph, shall be paid to all
workers performing work in the classification under this
contract from the first day on which work is performed In
the classification.
(ill) Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a
fringe benefit which Is not expressed as an hourly rate, the
contractor shall either pay the benefit as stated in the
wage determination or shall pay another bona fide fringe
benefit or an hourly cash equivalent thereof.
(ivy' If the contractor does not make payments to a trustee
or other third person, the contractor may consider as part
form HU0 401 (66 2009)
Previous editions are obsolete Page i of 5 ref. Handbook 1344.1
EXHIBIT PAGE -L_OF�
of the wages of any laborer or mechanic the amount of any
costs reasonably anticipated In providing bona fide fringe
benefits under a plan or program, Provided, That the
Secretary of Labor has found, upon the written request of
the contractor, that the applicable standards of the Davis -
Bacon Act have been met. The Secretary of Labor may
require the contractor to set aside in a separate account
assets for the meeting of obligations under the plan or
program. (Approved by the Office of Management and
Budget under OMB Control plumber 1215-0140.)
2. Withholding. HUD or Its designee shall upon Its own
action or upon written request of an authorized
representative of the Department of Labor withhold or
cause to be withheld from the contractor under this
contract or any other Federal contract with the same prime
contractor, or any other Federally -assisted contract
subject to Davis -Bacon prevailing wage requirements,
which is held by the same prime contractor so much of the
accrued payments or advances as may be considered
necessary to pay laborers and mechanics, including
apprentices, trainees and helpers, employed by the
contractor or any subcontractor the full amount of wages
required by the contract In the event of failure to pay any
laborer or mechanic, Including any apprentice, trainee or
helper, employed or working on the site of the work, all or
part of the wages required by the contract, HUD or Its
designee may, after written notice to the contractor,
sponsor, applicant, or owner, take such action as may be
necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such
violations have ceased. HUD or Its designee may, after
written notice to the contractor, disburse such amounts
withheld for and an account of the contractor or
subcontractor to the respective employees to whom they
are due. The Comptroller General shall make such
disbursements in the case of direct Davis -Bacon Act
contracts.
3. (1) Payrolls and basic records. Payrolls and basic
records relating thereto shall be maintained by the
contractor during the course of the work preserved for a
period of three years thereafter for all laborers and
mechanics working at the site of the work. Such records
shall contain the name, address, and social security
number of each such worker, his or her correct
classification, hourly rates or wages paid (including rates
of contributions or costs anticipated for bona fide fringe
benefits or cash a uivaients thereof of the types described
communicated In writing to the laborers or mechanics
affected, and records which show the costs anticipated or
the actual cos! incurred In providing such benefits.
Contractors employing apprentices or trainees under
approved programs shell maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed In the
applicable programs. (Approved by the Office of
Management and Budget under OMB Control Numbers
1215-0140 and 1215-0017.)
(11) (a) The contractor shall submit weekly for each week.
In which any contract work is performed a copy of all
payrolls to HUD or Its designee if the agency is a party to
the contract, but If the agency is not such a party, the
contractor wIll submit the payrolls to the applicant
sponsor, or owner, as the case may be, for transmission to
HUD or its designee. The payrolls submitted shall set out
accurately and completely all of the information required
to be maintained under 29 CFR 5.5(a)(3)(1) except that full
social security numbers and home addresses shall not be
included on weekly transmittals. Instead the payrolls shall
only need to inciude an Individually identifying number for
each employee (e.g., the last four digits of the employee's
social security number). The required weekly payroll
information may be submitted In any form desired.
Optional Form WH-347 is available for this purpose from
the Wage and Hour , Divislon Web site at
htt ew www.dol. ov se /f r or its
successor site. The prime contractor Is responsible for
the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full
social security number and current address of each
covered worker, and shall provide them upon request to
HUD or its designee if the agency is a party to the
contract, but If the agency is not such a party, the
contractor will submit the payrolls to the applicant
sponsor, or owner, as the case may be, for transmission to
HUD or Its designee, the contractor, or the Wage and Hour
Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage
requirements. it Is not a violation of this subparagraph for
a prime contractor to require a subcontractor to provide
addresses and social security numbers to the prime
contractor for Its own records, without weekly submission
to HUD or its designee. (Approved by the Office of
q 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)(11), 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, dnd 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
EEXHIBfT..t, PAGE _4_0F
(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 determ inatlon
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.
(ill) The contractor or subcontractor shall make the
records required under subparagraph A.3.(1) available for
Inspectlon, 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.
(l) 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
riot be greater than the ratio permitted to the contractor as
to the entire work force under the registered program. Any
d 11 t" t h
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 determinatlon 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 ❑ffice,
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.
(11) 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 certificatlon 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 tralnee'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
worker iiste on a payro at an appren ice wagQ ra e, w a registered and participating in a training plan approved by
Previous editions are obsolete form HUD-4010 (06/2009)
Page 3 of 5 ref. Handbook 1344.1
EXHIBIT .- PAGE SOP _
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 20 CFR Part 5
shall be in conformity with the equal employment
opportunity requirements of Executive Order 11246, as
amended, and 29 CFR Part 30.
S. 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. end .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 Governmerif 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.
(11) 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."
II.. 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 fled 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
appilcable 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 foreach
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.
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Page 4 of 5 ref. Handbook 1344:1
EXHIBITS PAGE 4 OF b
(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 wlthheld,
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 provlslons 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 ere
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). 4Q4Q _ USC
9701 et sect.
(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 (0612009)
Page 5 of 5 ref. Handbook 1344.1
EXHIBIT -Q— PAGE ,�dF-,7-