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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 Page 4of8 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 $� PAGE _0f CITY OF RICHMOND, WAYNE COUNTY, INDIANA DOWNTOWN FASCADE IMPROVEMENTS PROJECT BID OPENING: MAY 2412018 etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION EXHIBIT � PAGE �0 ,�_ J• -• -/fir �� • .3NOI5I'30 39VM 37MIldaV 3HIZN3 01 U3330 f xowavosia v 30 IN3A3 3HZ HI ++ ' 311 S 90r SHI IV ❑3lS0a ally SMV-81 00 NI a30AZONI 38 ISM NOIsi[NImn30 39,dm 37mivav wdim 041 'szojae34uoogng pus 9=040224v03 zo; gaags eouexejex een as dcea urn sT 9741 �i fB'6Z s S ana�o ZQD-5£TDW�d3I H W6Z t i dnOn ZOO-5£TOKV31 v 61'6Z E anold-9 ZOO-S£TORV31 %aam 2a 08.9Zi + Aup aad DL'£E$ :V b[ 660BZ 5 Z MUD ZOO-9ETDWt{31 V 6i0BZ S i dnOH-9 ZOD-SETOW1d3y :szanTip Donis 10'0 S W OZ S LZ'9Z S 900- MO33HS xeMxorti Te39m aaegS 6E'6E $ 6Z'ST 5 0T6iZ S TOO-9 00.3008 aTTI I OUTS :3920a8 LT'6E S 6Z'ST $ 88'EZ $ 100-SL50300B uoTITC o0 :za;oo-a T8'ZS S 60'9T $ W 9£ S 1D0-OPPOMIa saglT3wQ2g5 Pup zagmnTd W LE $ 96' TT 6f' SZ S TTD-Z6 osvd azzu-49VU 6Z' 6 E S WET S 5 t' SZ 9 TTO-Z69DSE 9 z04STuT3 aIeaaeoD/uoceW IuGwaD et'Zt S ZZ'91 S 9389Z S 510-59TTRiva xaTzeTD Y9'E£ § VT'ZT 5 054TZ S ZOD-6990NIlid SuTg9vTgpues '6uTlvRTga9jvm/ ezdS :sxaauTed WEE $ WZT $ 05'OZ S ZDD-6990NIV2 zzags' UT; Mm xP luT ui4ja ud aelloz 'gsnzg :szeiuTea 81' 5£ S 08' Cl $ BU TZ S E anoUD 100-00106►d'T W tE $ OB' ET S ET' TZ S Z MUD 100-LVOIOBFi'I 81 * VE S OB' £T S BE'OZ S T dnOH9 TOD-001091n iaxogEZ 86'LY 9 86'0Z 5 00'LZ 9 EDD-05ZOHOM zal2oMuozy EZ'Tt S £T'ST S 0109Z S V aAOUS 900-£OZDIDN3 E66ii 9 ET'ST S 08'6Z S E dnOVo 9DD-EOtOIDH3 B6886 $ EX'ST $ 58'£E S Z aDOW 9DD-EOTOIONS £6'5t S £T'ST S 08'WE S T dnOt3J 960-EOtOI3H3 :ca:o-4ezado quamdTn a xamoa 9D'Bt $ t8'91 S ZZ'Z£ S TOD-55803373 veTDTzI3aT3 £L'tt $ W &I $ 6Z'ZZ 9 TQD-iDZDduvo 22049T XOOT3 Taos LT' 6 f A; WIZ 5 ZL' LZ S 100-f DTDam lgbTlmTiZw LE60 S 9C"61 S ZD'BZ S TDD-iDTHM siaATxpaYTd 'szoTTQIsuT TTeKAzp 'sxazuedaeO L9'Zt Sr 6T'ZT S WDE S ZOD-6100NINg JEON20M oT890H :aVI20S BTgxvH 9 aTTs LE' 6 Z S T9 ' B S 9 C OZ S ZOO-6100HUS aagsTuTS aTg2vx 9 BTT l OVIO S 6Z'ZI S TT'tE 5 ZOO-6TOONIUS ze1jeg/2e430M oxzezxay 1008Z 9 9908 $ 9E'6T S ZOO-6100NIUS zagrTuT,3 ozzexxal 5Z' E i 5 09' EI 9 9L'6Z A; ZOO-6TOONIWO IOU98To I zap Tneo "Q4utoa 'uoseuau075 '.30AvTxaS-31R OL'B£ S OL'£T S 00'5Z S ZOO-6003M zaTpuvq Tv7zajem snopzezvH D761£ S 681B 5 5Z'ZZ S Z00--600389V aeeq/zaxxoM soasagsIf ��ova 803'I)tsoZ S39NIlu S3sti]3 • A anOUD #. x3l,JISNSai ea �vls�x3xss�'Io �3 ax 810Z OTT AWN : SuoT;vat9Tpoa TT /R 10008THI MOISIOZa ZDYM STDZ ltZ xVH DKIN ao alE sosroda savoys Hmo=oa - vxvxciNx 'xaoo muvM- @im=II3 .30 X110 Zang xomnzaza BOV 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 BIT PAGE y�OFj� 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. Previous editions are obsolete form HUD-4010 (06/2009) 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-