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HomeMy Public PortalAbout083-2019 - Pridemark Construction - Stellar Façade ProjectM'Z.' Cam'G VTM Document Al 01 2017 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the twenty-third day of May in the year hvo thousand nineteen art words, indicate day; nionth and year.) ADDITIONS AND DELETIONS: The author of this document has BETWEEN. the bwnet•: ' added information needed for its -06nie, legal stdlus,.address and other information) completion. The author may also have revised the text of the anginal Cit3r �f Richmond AIA standard form. An Additions and 50. North 5th Sb eet _ Deletions Repot that. notes added : Richmond, IN 47374 information as well as revisions to the standard form text is available from the author and should be reviewed. A vertidal line in the 1•eft .and the contract°r' legal address other- it fol7)idt1611) margin of this document indicates (game, statzls, .dnd where the author has added necessary information and where PrideixaritQstructiori, Inc, the author has added to or deleted 421 S, Valnut.S.t eel = from the. original AIA text. Muncie; . .47305 . . This document has important legal :} consequences. Consultation with an far the folloiin Pra'ect; gJ attorney is encouraged with respect .. Bayne, location -and detailed desel iption) to its, completion or modification. - The parties should complete Richrriond Stellar Facade A101 TI,t-2017, Exhibit A, Insurance 631 EOWain Street and. Bonds, contemporaneously wish 705 East Maw, Street this Agreement. AIA Document 720 East Main Street A20l'Im 2017, General Conditions Ric eland, _ 47374 of the Contract for Construction, is adapted In this document by reference. Do not use with .other The Ardhitedt: (Nq. e, legal status, addr'dss gild other i]fovination) LWC lncoipoi:ated 712 East Main Street ` Richmond, IN 47374 The t Wner :axad Contractor agree as follows. general conditions unless this document Is modified. AIA hocument At0't 7'� -- 2017. Copyright a 1215, 1M8, 19250 1937, '196'i, 1958, 1961) 1963, 19673 �1974, '1977,1987, '1991.1997, 2007 and 2017 by -The Init. American institute of Architects. A11 rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties•. .i Unauthorized reproduction or distribution of this AlA19 Document, or any portion of It, may result In severe civll and criminal penalties, and will be prosecuted to the maxitnum extent possible under the haw. This document was produced by AIA software at 09:50:41 ET on 06112/2019 under Order No. 13'14667054 which expires an 08/3'i120.19, and Is not for resale. User Notes: Contract No. 83-2019 (3139ADA42) TABLE OF ARTICLES I THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS S DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS EXHIBIT A INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this A.greenient, Conditions of the Contract (General, Supplementaary, and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed iv this Agreement, and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral, An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The. Contractor shall fully execute the Work -described in the Contract Documents, except as specifically indicated in the Contract. Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of conunencement of the work.shall be: (Check one of thefollowing boxes) [ ] The date of this Agreement. I [ X I .A date ofNofice of Intent to award issued by the Corner on April 12, 2019. ] Established as follows: (Twei'l A dwe or a mewd to delemiine the dale'Of C01177)ie7iceine]2t ofthe Work) If a date of commencement of the Work is not. selected, then the date of commencement shall be the data of this ' Agreement. § 3.2 The Contract Tune shall be measured from the date of commencement of the work. § 3.3 Substantial Completion § 3.3.1 Subject to adjustments of the Contract Ti.nZe as .provided in the Contract Documents, rile Contractor slhall achieve Substantial Completion of the entire work: AIA Document A101 "4 --- 2017. copyright @ 1915, 1918, 1.925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987,1991, 1997, 2007 and 2017 by -The Init. American Institute of Architects. All rights reserved. WARNING: This AIAO Document Is protected by O.8. Copyright Law and International Treaties. 2 Unauthorized reproduction or distribution of this AIQ� Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by A1A software at 09:50:41 ET on 06l12120'I9 under order No. 1314667054 which expires on 0813112019, and Is not for resale. (3B9ADA42) User Notes: (Check one of thefollowing boxes and complete the necessary info rnation) [ ] Not -later than ( ) calendar days from the date of commencement of the Work. [ x ] .By the following date: October 30, 2019 § 3.3.2 Subject to adjustments of tbo Contract Tune as provided in the Contract Documents, if portions of the work are to be completed piior to Substantial Completion of the entire Work, the Contractor shall achieve Substantial. Cornple6on of such pottions by the following dates: Potion of Work Substantial Completion Date :.. NIA . 3.3.3 If tho-CoAtractar fails. to aebieve Substantial Completion as provided in this Section 3.3, liquidated damages, if any, shall be assessed as set forth in Section 4.5. ARTICLE 4 CONTRACT SUM 4.1 The 0wvncr shaU'pay'the Contractor the Contract Sum in cut -rent funds for the Contractor's performance of the Contract. The Coxitraet Sum shall be six hundred thirty seven thousand four Mildred twenty-three dollars and no cents. ($ 637;423;0), subject to additions, and deductions as provided in the Contract Documents. § 4.2 Alternate § 4.2.1 Al#ezates, _if any, included in the Contract Sum: Item Price Alterhate ##1.1 .($253040.) Alt6imale #1.4 : ($151,600.) Alternate #2.1 $28,500. Alternate:#2.2 ' . $153500, Alteruafe #13 .. $3,500. .Alternate #3 . I :: $45, 0 0 0. r § 4.2.2 Subject to the conditions noted bo o r, the following alternates n ay bd accepted by the Owner fallovvi g executin o of th is.Agreement. Upon. acceptance,. the Owner shall issue a Modi ication to this Agreement. (.insert beloiw each d1tet-)iate and the cotldifions that n1list be met for the Owner to accept the aliemaie) Item = Price Conditions for Acceptance NIA § 4.3 Allowances, if any, included in the Contract. Sun: (Identify each allowance) . Item J Price A..11owarice.#3.1 $300.00 a Allowance #3.2 $75.00 : Allowance#3:3 $1,200.00 A16wance #3:4 $600.00 Allowance 720-1 $200,00 Allowance-720 2 $1,000.00 i § 4.4 iJni �p�ices; if any: �I'c Eraiif the .it n� ;ajad state the'unit p�•ice ar�cl gztaJltltj� limitations, f any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) NIA § 4,5 Liquidated damages, if any: AJA document A1017N-- 2017. Copyright @ 1915, 19'18, 1925,1937, 1951., i958, 1961, 196301957, 1974, '197711987, 1991, 1997, 2007 and 2017 by The Init. American Institute ❑f Architects. All rights reserved. WARNING: This A1AP Document 1s protected by U.S. Copyright Law and International Treaties, 3 Unauthorized reproduction or distribution of this AIA1' Document, or any portion of It, may result In severe civil and criminal pAnaltles, and wlil be i prosecuted to th© maximum extent possible under the law. This document was produced by AtA software at 09:50_�4t ET an 0611212019 under Carder Na. 1314667054 which expires on 08/31/2019,. and Is not for resale. �3B9ADA4z) User Notes; 7 (bisert ter -ins and conditions for liquidated dalniages, if any) N/A § 4.6 Other: (Insert_pmvisionsfor bonus or other incentives, if any, that inight result in a change to the Conli-act Sum) NIA ARTICLE 5 PAYMENTS § 5.1 progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect,. the Owner shall male progtess payments on account of the Contract Stun to the Contractor as provided below and elsewhere in the Contract Documents. § U.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.13 Provided that an .Applicatibn for Payment is received by the Architect not later than the second day of a month,, the Owner shall make payment of the amount certified to the Contractor not later than the twenty-third day of the same month. If an Application for Payment is received by the Architect after the application date fixed above, payment of the amount certified shall be made by the Owner not later than thirty ( 30 ) days after the Architect receives the Application for Payment. (Federal, state or locdl laws rimy require payment ulithin a certain period o, f'time) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents, The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values -shall be prepared in such form, and suppbrted by such data to substantiate its accuracy, -as the Architect may require. This schedule of values shall be used as a basis for reviewing the Contractor's Applications for Payinefrt. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work.as of the end of the period covered by the Application for Payment. § 5.1.6 In accordance with AIA Document A201T1112017, General Conditions of the Contract for Construction, and subject to other provisions of the Contract Documents, the amount of each progress payruent shall be computed as follows: § 5.1.6.1 The amount of eac i progress payment shall. first include: .'1 That portion of the Contract Sum properly allocable. to completed Wade;. .2 That portion of the Contract Sum properly allocable to materials acid equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction, or,, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing; and. .3 That pot�tiomof Construction Change Directives that the Architect determines, in e Architect's professional judgment, to be reasonably ,justified. § 5.1.6.2 The amount of each progress payment shall theta be reduced by: .1 The aggregate of any amounts previously paid by the Owner-; .2 The amount, if any, for work that reinahis uncorrected and for which the Architect has prey' ly ous withheld a Certificate for Payment as provided in Article 4 of AIA Document A2012417; .3 Any amount for whicli the Contractor does not intend to pay a Stibcontractor or -material supplier, unless the work has been performed by others the Contractor intends to pay; .4 For worm peifonued or defects. discovered since the last payment application, any amount for which the Architect may withhold payment, or nullify a Certificate of Payment in .whole or in part, as provided in Article 9 of AIA. Document A20 2017; and Init. AiA Document A'10'1;m -- 20'17, Copyrght a 1915,1.9'18, 1925, 1937, '195'1, '1958, 196'i, l 963, '1967, 1974, '1977, 1987, 1991, 1997, 2007 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIAb Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distributlon of this ATAO Document, or any portion. of It, may result in severe civil and criminal penalties, and will ba prosecuted to the maximum extent possible under the law. This document was produced by AlA software at 09:50:41 ET on.0611212019 under order No. 1314667054 which expires on 08/31/2019, and 1s not for resale. (389ADA42) User Notes; .5 Retainage withheld pursuant to Section 5.1,7. § 5.1.7 Retainage , §.5,1;7,'1.For each progress payment made prior to Substantial Completion of the work, the Owner.may withhold the following amount, as retainage, from. the payment otherwise due: (Ynsert a percentage or amount to be withheld as retainage f -orn each 4ppl7cadon for Payment, The crtnoinit of . reiainage may be 11inited bygor)eming law.) Retainage will be witheld in the amount of 10% until project is 50% complete at which time no additional retainage shall be withheld, so that by the time of 100% project completion retainage shall equal 5% of total project cost, § •5.1.7.1.1 The following items are not subject to retainage: (.irrser�t crr�y rterfrs r�ot.sitbject to t1�e hvitltlroldirtg- of retcrzrxage, �rticlr crs gertered conditions, insurance, etc, NIA § 5.1.7.2 Reduction or: limitation of retaitiage, if any, shall be as follows: (If the retahfdge established in �Sectron 5.1.7.1 is to be inodif ed prior to Substantial Compleilon of the entire Work, indluding motif cation2 far•,Sgbstan al Completion of portions of the Work as provided in ,Section 3.3.2, insel-t pi-ovisio' M for such modifications) Retainage shall be applied to any additional change orders to the project. § 5,,1.7.3_ .Except as set forth in this Section 5.1.7.3, upon Substantial Completion. of the work, the Contractor inay submit an Application for Payment that includes the x�etainage withheld fiom prior Applications for• Payment pursuant to. this Section 5,1.7. The Application for Payment submitted at Substantial Completion shall. not include ietainage as follows:. .. . (Insert any. athet' conditiohs f at` release of retantctge aeon ,Substantial Coniplettoxr) NIA 5.1:8 f:final coiripletzon of the work is ,materially delayed througlh no fault of the Contractor, the Owner shall pay the "Contractor any additional amounts in ,accordance Nvtth Article 9 of AIA Document A201 2017. 5 ' § 5.109 ExcepkAth the Owner'-s'prior- approval, the Contactor shall not make advance payments to suppliers for materials or egtupmerit which have not been delivered and stored at the site, § 12_Fina1 Payment § 5.2,1 ii al payment, eon�tituting the entire unpaid balance of the Contract' Sinn, shallbe made by the Owner to the Contractor when. J the Contractor.has fully performed the Contract except for the Contractor's responsibility to correct orb as provided. in Article 1.2 of AIA Document A201 2017, and to satisfy other zequirements, if any, W4 ch extend beyond final payment;. and .2 .:a final .Certificate'for Payment has been issued by the .Architect. 5,2.2 The Other's final payment to the Contractor shall be made no later than 30 days after the issuance of the .Architects final Cer tYficate for Payment, -or as follows. NIA § 5:3 Interest . Payments due and unpaid under the Contract shall bear' interest from the date payment is due. at the rate stated below, or in the absence.thereof, at the legalTate prevailing from time to tune at the place where the Project is located, (Insert rate of interest agreed upon, if any.) 0 % Zero AIA Document Al O I-1—2017. Copyright @ 1915,1918. 1925,1937,1951, 1958,1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017 by The Init. American Institute of Architects. All rights reserved. WARNING: This AM5 Document 1s protected by U.S. Copyright Low and International Trestles. � Unauthorized reproduction or distribution of this AIA19 Document, or any portion of It, may result In severe civil and crlminal penalties, and will be i prosecuted to the maximum extent: posslbid under the law. This document was produced by AIA soit`uare at 09:50:41 ET on 06!1.2120 i9 under order No. 1314667054 which expires on 081311200, and Is not for resale. (3139ADA42) User Notes: ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Faker The Atchitect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document Ago 1 :20I7, unless the parties appoint below another individual, not a party to this Agreement, to serve as the Initial Decision. Maker. (If the parties inutatall agree, insert the name, address and other contact information of the Irrllial Decision Maker, if other- than the Architect) Kevin R. McCurdy LWC Incorporated. 712 East Main Street Richmond, IN'47374 § 6.2 Binding Dispute Resolution For any Claiiai subject to, but not resolved by, mediation pursuant to Article 15 of AIA Document Ago 1 201.7, the method of binding dispute resolution shall be as follows: (Check the appropriate box.) Arbitration pursuant to Section 15.4 of AIA Document A20 is 20 t 7 Litigation in a court -of competent jurisdiction J Other (Specify) If the Owner and Contractor do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other that! litigation, Claims will be resolved by litigation iri a court of competent jurisdiction. ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in'Article 14 of AIA Document A201 2017. § 7.1.1 If the Contract is terminated for the Owner's convenience in accordance with Article 14 of AIA Document A201 26 17, then the Owner shall pay the Contractor a termination fee as follows: (Irtsey•t the amount of, or inethod for detenninit2g, the fee, if any, payable to the ContMCtoj' fo11O1Vh1g d teT1nination for the 0�vner is convenience) N/A § 7.2 The Mork inay be suspended by the Owner as provided in Article 14 of AIA Document A201720:17. ARTICLE-8 MISCELLANEOUS PROVISIONS § 8.1 where reference is made in this Agreement to a provisim!' of AIA Document A201 20 l7 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 The Owner's representative: (Nante, address, entail address, dnd other infor•rntation) Beth. Fields City of Richmond 50 N. -5th Street Riclunond, IN 47314 b,fields@ric'huiondiiidiana.gov richuiondindiana.gov Init. AIA Document Al01 T'---2017. Copyright U 1915, 1918, 1925, 1937, 195'I, 1958, '19611 1963, '1967, 1974, '1'977,.1987, '1991, 19971 2007 and 2017 by The ,American institute of Architects. All rights reserved. WARNING: This AIAO Document is protected by U,S. Copyright Law and International Treaties. 6 Unauthorized reproduction or distribution of this AIAO _Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the IaW, This document was produced by AIA software at 09:50:41 ET on 06/1212019 Under Order No, 1314667054 which expires on 08131/2019, and Is not for resale. User Notes: �369ADA42} 8.3 The Contractor's representative: (Nanne, address, email address, and other infot•7natiorl) Scott Baker Priden�ark Construction. 421 S. Wnut. Street Muncie, IN 47305 .sbaker@pridemarkconstruetion.coin § Q.4 Neitlier the.Owner's nor the Contractor's representative shall be changed without ten days' prior notice to the other party. 8.5 Insurance'a�d Bonds § 8.54 The aNvnr aad the Contractor shall purchase and maintain insurance as set forth in AIA Document A101Th1 2017, -Standa'rd Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum, Exhibit A, Insurance and Bonds, and elsewhere in the Contract Documents. 8.5.2 The Contractor shall provide bonds as set forth in AIA Document .A101Tm-2017 Exhibit A, and elsewhere in the Contract D o cabients. - § 8.6 Notice in eke r6nic format, pursuant to Article I of AIA Document A2.01 2017, may be given in accordance vvtU AIA. Dacuinn203Th2013, Building Information 111.[odeling anal Digital Data exhibit, if completed, or as otherwise set fvrtli be1t�' ot�re�� tha�i in accotdr ncemilh.AIA Dacunient E203 2013, insert requirenients fog• delivering notice in electronic (7f� . foeinat siich as na` ie, title, r nd -enhail address of the_recYpient and whetter and hovv the systen2 �t�zlx be �`e tlired to generate a react t�ece pt for• the transmission.) :.§ 8.7, Other provisions:` 1. •wage Decision General Decision N80004 5.11.18 IN4 2. Feddal C4nSta icfion 'Pr9V isions Community Development Block Grant Program 3. Fede��al Labor" Pravisi.ons US Deparhx ent of Rousing and Urban Development AlA Document A101 n] — 20'i 7. Copyright @ 19'15, 1918,1925,.1937,1951, 1958, 1961, 1963, 1967, 974, 1977,1987, 1991, 1997, 2007 and 2017 by The .lnit. .American Institute of Architects. All rights reserved. WARNING: This AIA° Document Is protected by U.S. Copyright Law and Intemational Treaties. 7 Unauthorized reproduction or distribution of this AIAP Document, or any portlon of it, may result In severe c1v1l and criminal penalties, and will be prosecuted to. the Maximum extent passible under the law. This document was produced by AIA software at 09:50:41 ET on 0611212019 under Order No. 1314667054 which explres on 08/3112019, and Is not for resale, U(389A17A42� User Notes: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 This Agreement is comprised of the following documents; .1 AIA nocwneat A10lTM 2017,. Standard Form of.Agreement Between Owner and Contractor .2 AIA Document A101" L-2017, Exhibit A, Insurance and Bonds .3 AIA Document A201Tr%1--2'017, General. Conditions of the Contract for Construction (Paragrophs Deleted) ,4 Drawings Number Title date G000 Cover 5104119 G1.OI General Notes and Material Reference 05104/19 Al .1 Floor Plans and Exterior Elevations 05/04/19 Al ,2, Reflected Ceiling Plan and Sign Details 05/04/19 A1.3 wail Sections & Details- 05/04/19 A1.4 Details 05/04/19 A2.0 3D view 05/04/19 A2,1 Propose Plan -First. Floor 05/04/19 A2.2 Details Plan 05/04/19 A.3.0 3D view 05/04/19 A3.2' Details Plan 05/04/19 A3,3 Demolition Plan - First Floor 05/04/19 .6 Specifications Section Title Date Pages SEE ATTACHED TABLE OF CONTENTS .7 Addenda, if any: Number Date Pages Addendum 41 05/1.5/2019 4 Addciidum -42 05/ 18/2018 3 Portions of Addenda relating to bidding or prop osat requirements are not part. of -the Contract Documents unless die bidding or proposal requi emenis are also enumerated in this Article 9. .8 Other Exhibits: {Clreek all boles that apply and irrelarde app•opHate information identifying the xhihit where i-e aiired.) AIA Document E204'rNI -2017, Sustainable Projects Exhibit, dated as indicated below: (insert the date of the E20.4-2017 incorporated into this Agreement,) The Sustainability Plan: Ti#le Date Pages ] Supplementay and ❑flier -Condi tions. oftlie Contract: AIA ❑ocumeet A101'04 —2017. Copyright0 i915, 19'18, 1925, '1937, 'i951, 1958,196'I, 1963, '1967, 1974, '1977,1987,1991, 1997, 2007 and 20i7 by The In it. American Institute of Architects, All rights reserved. WARNING: This AW). Document Is protected by U.S, Copyright Law and International Treatles. 8 Unauthorized reproduction or distribution of this AIM Document, or any portion of it, may result In severe civil and criminal penalties, and will be j prosecuted to the maximum extant passible under the law. This document was produced by AIA software at 09:50:41 ET an 06/1212019 under Order No. /314667054 which expires on 0813112019, and is not for resale. U(389ADA42) ser, Notes. Document Title Date Pages ,9 Other documents, if any, listed below: (List here any addiiiorral doctinients that are i7dended to form part of the Contract Documents. AM Document .4201 T& -2o17 provides tlzat the adverlisentent or invitation to bid, Insinictions to Bidders, sanipleforins, the Contractor's bid or proposal, poi (ions of Addenda relating to bidding or proposal requirenients, and other in onilation f �tr i shed by the Owner uz aniicipatron of r eceiving bids or proposals, are riot part of the Contract` Docuntents wiless ernaner cried in tl2is greerrz ertt. Arty such docaunetits should be listed here only f r'rttended to be part of the Cofr�►•uct Docirfrzerzts j This Agreement entered into as of the day and year first written agave. A� - �vw�%WVL'00) zaltri•e D/12 ;69 RA TOR (Sigraatin • (Prihted nanz, aria Mel (Pr•zr2ted rrczrrle �trT title 3 FCJ ff Vo Al r 0 0- r r • �dV U �.,� 1 AIA Dacument Ai01vn —2017. Copyright©1915, 1918, 1925, 1937, 1951, 1958. 1961,1963,1967,19740 19771 1987, 1991,1997, 2007 and 2017 by The IrE,t#• American Institute of Architects. All rights reserved. WARNING: This AIA15 Document is protected by U.S. Copyright Law and International Treaties. g Unauthorized reproduction or distribution of this AIAO Document, or any portion of It, may result In severe civit and criminal penalties, and will be t prosecuted to the maximum oxtent passible under the law, This document was produced by AIA software at 09:50:41 ET -on 0611212019 under Order No. 1314667054 which expires on 0813112019, -and is not for resale. User Notes; �3B9ADA42) MAIN STREET STELLAR FACADE PROGRAM 45 /04/2018 -BID sE7r RICHMOND •INDIANA CONSTRUCTION SPECIFICATION TABLE CP CONTENTS DIVISION 00 — PROCUREMENT & CONTRA.CTING REQUIREMENTS 00 21 13 INSTRUCTION TO BIDDERS FEDERAL CONTRACT PROVISIONS -- by Addendum #1 ' AIA A3 0 5 -1956 Contractor Qualifications AIA A3 I0--2010 Bid Bond Form 96 — State of Indiana DRAFT AIA A312 — Bonds (example only, not required at Bid) DRAFT AIA A101-2007 (example only, not required at Bid) DRAFT AIA G705-2001 (required at Bid) 01/05/2018 DAIS BACON WAGE RATE (DRAFT) DIVISaN 01 — GENERAL REQUnREMMNTS 01 1100 --- Summary of the work 0121 00 — General Procedures for Allowances Q 1212 00 —Unit Prices 0 123 00 -- Mandatory Alternates 0123 10 --- Voluntary Alternates 129 00 — Payment Procedures 01 31 13 --- Pzo j ect Coordination 0133 00 --- Submittal Procedures 0142 04 -- References 0143 00 — Quality Assurance 01 60 00 — Substitute Alternate Product Requirements 0173 29 --- Cutting and Patching 0174 21-- Construction Waste Management and Disposal . 01 77 00 -- Pioj ect Closeout 0178 23 -- Operation & Maintenance Data 0178 3 9 -- Proj ect Record D ocuments D"IDN 02 -- E3aSTING CONDITIONS 02 4125 —Protection of Adjacent Site, Struettuesa Equipment 02 41 91-- Selective Non -Structural Demolition 02 42 91--- Salvage of Historic Construction Matetxal DIVISION 04 — MASONRY 04 010 0 —Masonry Repairs 04 01 20.51--- Masomy Cleaning 04 0120.91— Masonry Unit Restoration 04 01 40.91--- Stone Restoration 04 01 13.19 -- Epoxy Injections for Terra Cotta Masonry 04 05 19--1VMasom-y Anchorage and Reiufor cing and Accesssories 04 2100 --- Architectural TexTa Cotta 04 22 00 — New Unit Masonry 04 43 00 — New Stone Masontr TABLE OF CONTENTS 00 00 10 -1 MAIN STREET STELLAR FACADE PROGRAM 05/04/2018 BID SET RICHMOND IINDIANA CONSTRUCTION SPECIFICATION TABLE OF CONTENTS DIVISION 05 -- METAL 05 50 00 —Metal Fabrications DIVISION 06 -- WOOD, PLASTICS & COMPOSITES 06 0140 -- I3istozzc wood Repair.• 06 16 63 — Cementitious Sheathing 06 40 13 — Exterior Architectural woodwork 06 40 23 — Interior Architectural woodwork 06 66 20 --- Urethane Foam Trim DIVISION 07 ---- THERMAL & MOISTURY PROTECTION 07 11 13 — Bituxninuous Dainproofing 07 19 00 -- water Repellents 07 2100 — Thermal Insulation 07 46 00 — Fiber Cement Siding 07 62 00 — Sheet Metal Flashing & Trim 07 65 00 -- Flexible Flashing 07 92 00 -- Joint Sealants DIVISION 08 — OPENINGS 08 14 33 — Stile & Pail wood Boors 08 14 40 -- Alum num Clad wood Commercial Doors 08 43 13 -- Aluminum Glazed Storefront 08 52 00 -wood windows 08 7100 — Hardware 08 8100 -- Glazing DIVISION 09 -- FINISF ES 09 2100 — Gypsum Board Assemblies 09 9100 — Extefor & Interior Painting DIVISION 10 --- SPECIALTIES 10 73 13 -- Fabric Awnings 10 73 16 — Prefabricated Metal Awnings TABLE OF CONTENTS 000010-2 MAIN STREET STELLAR FACADE PROGRAM 05/04/2018 BID SET RICHMOND INDT.ANA CONSTRUCTION SPECIFICATION TABLE OF CONTENTS APPENDIX —For Reference only Section 106 Letter— Richmond 20171540 AITS Brief 2 -- Metal Cornices AITS Brief 1.3 -- Replacing Lost Entrances AITS Brief 23 -- Replacing windows AITS Brief 26 -- Entrances AITS Brief 27 -- New Awnings AITS Tech -Notes -Mas onty02 terra Cotta AITS Tech Notes-Protection03 Adjacent New Construction AITS Tech Notes-Windows06 Adding Insulated Class AITS Tech -Notes -Windows 14 Reinforce wood windows Preservation Brief I -- Cleaning Methods Preservation Brief 2 — Repointing Masonry Preservation Brief 6 -- Abrasive Cleaning Guide Preservation Beef 7 - Terra Cotta Preservation Brief 9 — Repair Historic woodwork Preservation Brief 10 —Painted Wood Preservation Brief I X -- Rehabilitating Storefronts Preservation Brief 16 --- Substitute Materials Preservation Brief 18 --- Historic Interiors Preservation. Brief 25 --- Sign.age Preservation Brief 30 -- Clay Tile Roofs Preservation Brief 31 - Mothballing Preservation Brief 32 — Accessibility Preservation Brief 39 -- General Moisture Control Preservation Brief 44 --- Awnings The Resource Guide END OF PROJECT TABLE OF CONTENTS TABLE OF CONTENTS 000010-3 t Al Document A101'" - 2017 Exhibit A = nsu ance and Bonds :.This=nsurance and Bonds Exhibit is pant of the Agreement, hehveen the Owner and the _ :Contractor, dated the twenty -thud day of May in the year two thousand nineteen -... � ............. _ .... Iii:wor•ds, indicate day, month and year :) ... the fois-{: =; ng PR�]1 ACT • lly i ess) }; }( atMe and }lacionrdd Richrinonc :Stellaraeacie; fi31 Easy I1Ia'Str het `1a.6 East �h S•e s -72 0 ast - JO ER. :THE.ON -f' atiie :lei alrst�r s an c .add,""ess) _ Rtchmon : -,Fill 473- •:Y:.'.•..].1� .1.l.. t'...''•w is M.: �y.. C T •AG• • R;` s• - - � �� - J'�4:.a:.� :�� . k. � _�:.:,, ...address atrte =Igat status:t ,) Pxzdemai } :A e ' eA INSURAN -E-AND BOND i x�A.3J CONTRACT. R S: ,.A Y :. A4:SPECIAL TERM:AND .CONDITIONS :. ARTICLE AA 'GENERA Tie°;tivner_ and.ontadr _still ptlrchase and maintain insurance, and provdc bonds, as set fort�'iri his`Exhibit, As used n this Exhibit, the teri General Conditions refers to "' ": � :` �`Niev..201.?, General Conditiatas of the Centract-for Co-nstruction. A1A b a aumeut aA ',s.. •;J.ti• .bra i•'A.x:`i,.: :r4 . ARTICLE A,2 `'."OWNER'S INSURANCE § A.2.1 General c ri aencement of the Work,the Owner shall secure the insurance, and provide 1" x d upon the Contractor's - .af the��coveta a �re aired under this A�.�t�cle .A..� and, p required ,w..:=:...... policies by Section uest ` rflyrde a co of the property insurance. policy or t p e'ca of the olio o1 oli i s provided shall contain all applicable conditions, and endorsetnenl s• efirilttdns `° =-exclusions, ADDITIONS AND DELETIONS: The author of this document has added Information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added Information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document Indicates where the author has _added necessary Information,and where the author has added to or deleted from the.original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with- respect to its completion or modification. This document is intended to be used In conjunction with AIA Document AM UI 2D'1'7, General Conditions of the Contract for Construction. Article' I I of A201 TM,_ '2017 contains additional insurance provisions, AIA Document A101 Yu - 2017 Exhiblt A. Copyrlght 4 20V by Tile American Institute of Architects. All rights reserved. WARNING: This AMP Document Is Init■ protected by U.S. Copyright Lave and lniernational Treaties. unauthorized reproduction or distribution of this AIAO Document, or any portion of It, .� may result In severe civil and criminal penaltles, and will bo prosecuted to the maximum extent possible Under the law. This document was produced by j AIA software at 09:36:54 ET on 06M212019 under Order No. 1314667054 which expires an 0813/112019, and 1s not for resale. (3B9ADA4A) User Notes: r ► . j 1 § A.2.2 Liability Insurance The..OWiler shalt be responsible for purchasing and maintaining the Owner's usual general liability insurance. § A.2.3 Required Property insurance § A.2.3.1 Unless this obligation is placed on the Contractor pursuant to Section A.33.2.1, the Owner shall purchase and,maintain, from an insurance company or insurance companies lawfully authorized to issue insurance in the : juz diction where the Project is located, property insurance written on a builder's risk "all-risks" completed value or equivalent policy form and sufficient to cover the total value of the entire Project on a replacement cost basis. The Owner's property insurance coverage shall be no less than the amount of the initial Contract Sum, plus the value of subsequent h4odificatiorfs and labor performed and materials or equipment supplied, by others. The property • --insurance slial`Ue maintained until Substantial Completion and thereafter as provided in Section A.2.3.1.3, unless o ier-vvise pr vided M'f the',Contract Documents or otherwise agreed in writing by the parties to this Agreement. This insurance sha1I inchide the interests of the Owner, Contractor, Subcontractors, and Sub -sub contra c tars in the Project as nsureds `This insurance shall include the interests of mortgagees as loss payees. 3 4 1 Causes of Loss. The insurance required b this Section A.2,3.1 shall rovide coverage for direct physical . ......... A,2. ,.. q y p loss or ;dainOge, tmd shall not bxclude the risks of fire, explosion, theft, vandalism, malicious mischief, collapse, .earth ual e, flood, ox iindst ' hh. The insurance shall also provide coverage for ensuing loss or resulting damage RO ei.r-or, opussion, orr.dendeney in construction methods, design, specifications, workmanship, or materials. Sub- ; limits, if any, . gr as.f6116ws:' .(frrdicdte below ;trite cause of loss and any applicable sub -limit.) .,:Causes.of Loss Sub -Limit § A.2.341,2 Specific Required Coverages. The insurance required by this Section A.2.3.1 shall provide coverage for loss of_danaage to falsework and other• ,tenip.orary structures, and to building systems from testing and startup. The m8u ance.shall'also cover, debris removal, including demolition occasioned by enforcement of aliy applicable legal re. 4ireiuents and.xeasonable compensation for the Architect's and Contractor's services and.expenses required as a fesuit of su6h insured lass, including claim preparation expenses. Sub -limits, if any, areas follows: � I#4cat� -below type of coverage and any applicable sub-lindt fog• specific r•erguir-ed eoverages. j coverage Sub -Limit § A.2 3.'1.3 Unless; the parties agree otherwise, upon Substantial Completion, the Owner shall continue the insurance required by Sect oxi A.2.3.1 or, if necessary, replace the insurance policy required under Section A.2.3.1 with pr•opo ty insurance written fbit th&.Aotal value of the Project that shall reimain in effect lmmil expir.ation of the period for correction of the work set forth inSection 12.2.2. of the General Conditions. § A.2.11.4 ❑eductibles 'and Self -insured Retentions. if the insurance required by this Section A.2.3 is subject to deductibles or self insured. retentions, the Owner shall be responsibbl6 for• all toss not coveted because of such deductibles or retentions. § A.2.3.2.Occupancy or Use Prior to Substantial Completion. The Owner's occupancy or use of any completed or grually completed poirtion of the work prior to Substantial Completion, shall not conunence until the insurance company or coinpmes providing the insurance under Section .A.2.33 have consented in writing to the continuance of coverage. The Owner and the Contractor. shall take no action with respect to partial occupancy or use that would cause cancellation, lapse, or reduction of insurance, unless they agree otheiv Ise in writing, § A.2.3.31nsurance for Existing Structures rf tl�e. ark iir v 'lves remodeling an e:�isting stnrctaue or constructing an addition to an existing structure, the Owner shall purchase aiid maintain; until the expiration of the period for correction of work as set forth in Section 12.2.2 of the General conditions, "al l-•asks" property insurance, on a replacement cost basis, protecting tiie existing structure against directphysical loss or damage from the causes.of loss Identified in Section A.2.3.1, notwithstanding the undertaking of the work. The Owner shall be responsible for all, co-insurance penalties. AJA Document A101 Tu— 2017 Exhibit A. Copyright a 2017 by The American Institute of Architects. All rights reserved, WARNING: This AIP Document is protected by U.S. Copyright Law and lntexnat.lonal Treaties. Unauthorized reproduction or distribution of this AIAO document, or any portion of It, may result In severe civil and crimInal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by j AIA software at 09:36:54 ET on 06/12/2019 under Order No.1314667054 which expires on 0813112019, and is not for resale. _ (3g9ADA4A) User Wes: x 1 e A / f A.2.4.Optional Extended Property Insurance. Thp Owner shall purchase and maintain. tie insurance selected and described. below: types o irrstir ace the D vrzer• is requ -ed to purchase and in 'i' taih by plaein an Xin the ho��es� next to y� f ii.orr s of selected :insurarxee. Foi- each type of insurance selected, indicate applicable limits Qf couerage . �), Ixke,, ogdifions in• t'he fill �ozr?t belo��� the selected ttem,) A.2.4.1 Loss of Use, Business Interruption,. and Delay in Completion lnsulrance, to reimburse the Owner ,«f e of the piner'S Property, or the xnazlity 'to conduct normal :operations due to a .covered for loss of us. p p tY :cause of 1688. c! :�_:' _ 5 .•.-•'Y 3.! . ='> is a reasonabi.e and necess costs to satisfy the .m•innnwn : 3rd�nance or Law Insurance, for -th ry a of oxdivartce' re Iatiri the' derxrolztiai�, construction, _ re tu`rerrienis of the .enforcement of any l w gu g Y..y .x k use .of the Project. x�Pacr. • of >: costs for the tea • ors re au lri Cost Insurance for the reasonable and necessary P rY P :.. 12 4:3 Ei:';-- # g , �' • 0�1• re lacemen of fhe•dama ed a e tQ rrisured ro ei and to ek editd the permanent repair p g arri gam+} p p� p 2.. p p �y r : � _ is ' �' ', • is . ec�essai excess he•.reasonable and. n . .. . 3 ro- ide reimbursement of `�' ��;4•��.4: Exta::Ex Anse Insurance, top . v . •e over and frestoration or repair -of the damaged property that az :} cosf:.auted during the per•rod o P ..c�•.�.:" ••: .• s a had no e e rod of time h •s am r _ during- - nn have be cui�red du a1.I h P • that would n .. g a#�o.vet�e.. t t : r.. Y Ai.ass ar dams occurred. f:-�••?-''z •� _-. i::: •.tip• i a• an order Of a -civil authdr� = _ _ surance for losses or costs- ar'sin from ty :AS:C�n'Authorlt In g :X ama a covered result of .h si c •d d reel z -the z g v:• z ,vide such order zs p Y _ ohzbn acces$ to°:thePra ect, s` a. g �. P - :s - l.Y,... + rnsurarice _ �' under tie re tared., ' ra -err •. f, q ' :PY r:.Y-' _ -r ernes red s business >` a necessair ua t of tlae . �ns�u =t` ss 'due to th _ i<ance foxo. p - ressE ress:lnsu . �A,�,4. In .h: .� ... - • /..-. a F.v.,• t �l S 1Cal - uI oaf =ct es _s a: a dire r _ - Project s� the 1' _ •e s� tv flr a -ess fr ox .. . :: � e e iron of m s J e to�:..h sxcal::t � n a � . ,¢pa. Y .:�?a ••tc:' �::.. v '. F.�• �._ � � - 1. - et for: casts due to tlzc delay of coapletian of the - •A M.7 Sof t� Cvsts insu ran ce, to reimburse the Own. . • covered b . the to tired proper in-uraiice. including szcal loss or darns e cov y p p '� ark:::'at7srn ou .v g ..architects., .� ;• se - � tl v o C�tidln X CES Ill Addit ional f - •etrn ex eases acidr and ma.l.k lea sin • _ �'�tzoxz lo an fees g p ct O r the comp let�on of z , t- e s and accountants needed fo p � ngine�r s; consultants, attern y . x . . re airs oi� r'econstrizctiori; and carrying costs such as property taxes,.buzlding permits, additional _ .. . .....:, ••• .. .. pr l�u er and above arnma1 expenses. ..... ... ... ���i��ci: est on Evans, � eaT�r• taxes, and insurance • en ` • ms over. � a 'e ti'{}. •IiJ 41: nal Insurance. - . ,.. .. _:. -..^.. `§ ...� .... � �•.- r..w�...p.w.. 'I_ "lie •Owner shall purchase and. maintain the insurance selected below' . elect t7le �s o insurance the Oivner i's-r•equireEd to pttt•ellase.ana infliniain. hypZacil2g an�'i7t tlae boY(es) iiert 10 the- desci'ipt on (s) of selected insurance) Ail rights reserved. WARNING: Thlts.M40 Qocument is AIA DocumentArl 01 T14 , 2017 Exhibit A. Copyright' @ 2ol 7 by The American institute of Arc�aiteafs, • Init. :prritectdd by U.S,,Copyright Law and International Treaties, Unauthorized reproduction. or distribution of- this AIA� Document, a�• any.p�ottlon of it, rna' res�tt.ln'severe. civil and cri mirial p6naities, and will be prosecuted to the m�exlrrxum extent possible under th®law. Th y is dac�ment was produced by j •AlA software at 09:36:54 ET•Qn 061/212019 under Order i1(o.-'[31�68?o5 :which. expires an a813�1�0t9, and is hot for Mesa e. �SBgADA�A� U ear .Motes: .a + A [ § A.2.5.1 Cyber Security Insurance for loss to the Owner due to data security and privacy breach, including costs of investigating a potential or actual breach of confidential or private information. (Indicate appTxcabte Iimits of coverage or other conditions in the f II point below.) [ § A.2.5.2 Other Insurance (List belong .any other insurance coverage to be provided by the Oivner and any applicable Iiinits.) Coverage Limits ARTICLE A.3 CO_ NTRACTOR'S INSURANCE AND BONDS A.3.1 General . § A.3.1.1 Cer#ifoates of Insurance. The Contractor shall provide certificates of insurance acceptable to the Owner evidenefit compliance vvi#.h. -the requirenseuts in this Article A.3 at the following times: (1) prior to commencement of the ;'v�•�; (2) upon �•e��ewal. Pr replacement of each required policy of insurance; and (3) upon the Owner's writfe&fequest. An additional .certifi.cate evidencing continuation of commercial liability .coverage, including coverage.for conapjeted operations, shall be submitted with the final Application for Payment and thereafter upon rehe* al.or replaceineut.dsuch coverage until 'the expiration of the pefiods required by SectionA.3 -2.1 'and Section A113, 1. The certifidates win show the Owner as an additional insured on the Contractor's Commercial General Liability and excess or t mbrella liability policy or. policies. A.3.1.2 Deductibles'and Self -,Insured Retentions. The Contractor shall disclose to the Owner any _deductible or self- msured retentions applicable to .any insurance required to be provided by the Contractor. § A.3.1.3 Additional.lnsured Obligations. To the fullest extent.pemiitted by law, the Contractor shall cause the comiterc al general liability coverage to include (I) the Owner; the Architect, and the Architect's consultants as additional uisureds foi• claims caused in whole or in part by the Contractor's negligent acts or omissions during the -CQutractor's operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contraeto�"s negligent acts or omissions for which loss occurs during completed operations. The additional insured coverage shall bepi,unary and non-contributory to -any of the Owner's general liability insurance policies and shall .-apply to bgth ougaing and completed operations. To the extent commercially available, the additional insured. -coverage shall be no less than that provided by insurance Services Office, Inc. (ISO) forms GG 2010 07 04, Cyr 20 37 07 04, a#d, with respect to the Architect and the Architect's consultants, CG 20 32 07 04. § A.3... 2 Gontracto s Required Insurance Coverage :§ A.3.2.1 The Contractor• shalf purchase and maintain the following types and limits of 'insurancefrom. an insurance compa4 for insurance companies lawfully autho6zed to issue insurance in the jurisdiction where the Project is located. The Contractor shalt maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 1.2.2.2 of the General Conditions, unless a different duration is stated below: (If the Contractor is i' e'4idr•ed to maintain insurancefor a duration other than the e_rpiralion of the periodfor correction of TVor•k, state the duration.) § A.3.2.2 Commercial General Liability § A.3.2.2.1 Commercial General Liability insurance for the Project written on an occurrence form with policy limits of not less than one million dollars ($ 1,000,000.00 ) each occurrence, two million dollars ($ 2,000,000.00 .) general aggregate, and two million. dollars ($ 2,000,000.00 ) aggregate -for products -completed operations hazard, providing _coverage for c1aLu]s including it damages because of bodily injury, sickness or disease, including occupational sickness or disease, and eleath of any person; .2 personal i 'my and advertising injury; ,3 damages because of physical damage to or destruction of tangible property, including the loss of use of sudh property; .4 bodily injury or property damage aiisin' out of completed operations; and AIA Document A'iOlul — 2017 Exhibit A. Copyright 0-20'17 by The American Institute of Architects. All rights reserved. WARNING: This AW Document Is in�t• protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or'distribution of this MAP Document, many portion of It, 4 may result in severe. civil and criminal penaltlas, and W1I] be prosecuted to the maximum extent possible under the law; This document was produced by J AlA software at 09:36:54 ET on 061/2120/9 under Order No. 1314667054 which expires on 0813112019, and Is not for resale. User Notes: (3B9ADA4A) s A r .5 the Contractor's iudemnity obligations under Section 3.18 of the General Conditions. A.32.12. The Contractor's Commercial General Liability policy under this Section A.3.2.2 shall not contain an .ecuszo:or restriction of coverage forthe following: Claims by one insured against another insured, if the exclusion or restriction is based solely on the fact that the claimant is an.insured, and there would otherwise be coverage for the claim. .2 Claims for property damage to the Contractor's Work at ising out of tlxe products -completed operations bazatd where the damaged work or the Work out of which the damage arises was peifornaed by a Subcontfactor: ... .3 ,.Claims f6fbodily iujury.other than to employees of the insured. Tons arising out of in' to employees _ .4 "Maims fa � nd_enui udder Section 3.l S of the General Conditions g y the:.msured. t or other similar exclusionary language. • .� °C aims :o r:Ioss excluded under a prior work endorsement y a under a prior endorsement or similar exclusionary } 6=aaims. or:,ioss due to physical damage p J y ---.:..x. •i - i�i.:.:•. .•: ..-; • • ■ • . 1 • • , . pro ect.s of the work is to beperformed e �dentxal multi-famil or other habitational ,� , p 7 r -auras: related _ for s y, P ::v.A: on such<a ro eat. -� �: - �• . rooftn :t °�5 , : p Clan •ela a to roofin , if the Waxk involves g. g ::f,- • ` exterior COatl',ii S e o • ulation•f lush s stows IFS synthetic stucco or similar ext n g "$ •:,9 :.Cairns relati taext r� x ins y y =} : `y.t y .; _ r=5ut '/:'�`:p�(��• ` t e work involves such coatings or surfaces . [ • :y...�.."'•'•r-�.'t-::k�J `'_ ~ Rao' �a�e+7'�#�• h i :.":. such hazards. .'i D.;}Iazrris :related. to:arth subsidence oi• movement, where the work involves t ` ' : - :: ' = .:; here the Mork involves such -Claims: belated'16 ex losion, collapse and underground hazards, w _-12V-1 `:-bsk '.:: .. �r`:' vehicles owned, and non -owned vehicles used by the Contractor, with i A.3.2.3. �Autvmabnle�Liah ity covenn v �3.>:. e million dollars $ 1,000,000.00 per accident, for bodily injury death of any olic. 'tiIuriits.of nod--less�Sian off.3 use'of those motor vehicles aloe with =_ `exson ='and ro ei `damage a•nng nut of the ownership, maintenance and us g f: ,v...:.:austatutoily requ�redto obile coverage , -:, Commercial General Liabil ity and } � e Cofira��oi �ma achieve the required limits and coverage for y �::,'.::....... ed such xle Lnabili throti•• ,a combination of primary and excess or`umbrella liability insurance, provided s h ::+C •• :'�'. - '. r.:. )�..:�t::::11t ,7 7''.7 :::.n:i ]i:y:::::: �:l:: !_ :94i:,i ..i .• • • •. • . .... ::... h zn the same on greater coverage, as the coverages required �:::: d'exc ::c ,po cues iesul t ' 8i'y:a eSs'D�' ym, re IriSUt.aXl :.r �5 is ili insurance provide narrower f 3 2 °2 ar>d A■3.2:3 and in:no event shall an excess or umbrella 'liability ty der Section:, y J .. ..: .••rf r{J.• vi',:y ..F• • i::^�:?^`: •:. •� • i y r..:. "Yai ❑hc 'he{excess olio shall -not re ine•the exhaustion of the underlying limits only e than. -the -prim y p r; , y .:�. •:*_:s - i is . { :. - .:.- -::�. u<�;,. =:: f . tln�+ouli fie }a nil ":a `.merit b Ti1i underlying insurers, - g :.::,::,::....•.�........ gip:.,.:...... „ : �:y °A:: 5:: oil exs'r Cow ensatioft at: p f....:,. r. y ;... iabili ' • lo� Hers' : Lh _. ��,`; - - � ;accident• ' •• _ '- '�; `e...• �':=-ate;•. •� •� .... '•irk ••Y :C :r.,..'.1.:.':. �..� .�.-.•...:1., :.a. 1 ;.�.� itatutozy limits. zan one hundred thousand dollars $ 1 oQQ,o0o.a0 each olxc limits not Tess tl i � y AIA Document A'i Oil"' -- 2M Exhiblt A. Copyright O 2017 by The American Institute of Architects. Ali rights reserved. WARNING: This AIAa Document is lrnt. protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AW Document, or any portion of It, 5 may result In severe Civil and criminal panaltles, and will he prosecuted to the maxlrnum extent passible under the law. This document was produced by AIA software at 09:36:54 ET on 0511=019 under Order No.1314667054 which expires on 0813112019, and Is not for resale. (3B9ADA4A) User Dotes: Contractor shall maintain the required insurance until the expiration of the period for correction of Work as, set forth in Section 12.2.2 of the General Conditions, unless a different duration is stated below: . f il2e Contractor is required to niahitaiti any of the types of insau-ance selected below for a dirr•ation other thwl the expir=artioir of the period fob' Cori eetiorl. of TVor k, suite the duration) § A.3.3.2 The Contractor shall pmchase and maintain the following types and limits of insurance in accordance with Section A.3.3.1. ('elect, the types of insurance the Contractor is r•eyuir•ed to_purchase and rlrairttain byplacing- an X in the box(es) maxi to the.descr•iptioii:(s). of selected insurance. Where policy linuts in-e provided; include the;poliey lh)df ire the 'appropriate f ll Point, j A.3,3.2,1 Property insurance of the same type and scope satisfying the requirements identif ed. m Section A,2.3, which, if selected in this section A.3.3.2.1, relieves the Owner of the responsibility to purdhase 'and maintain such insurance except insurance required by Section A.2.3.I.3 and Section A.2.3_.3. The Contractor shall.comply with all obligations of the Owner under Section A.2.3 except to the extent provided below. The Contractor shall disclose to the Owner: the aniouint of any deductible, ..,And the Owner shall be responsible for losses within the deductible. Upon. request, the Coritractor shall proNrlde the Owner with a copy of the property insurance policy or policies required. The, Owner $hall.:adjus.Land settle the loss with the insurer and be the titiis#ee of the proceeds of the property !msu ancc in accordance with Article 11 of the General Conditions unless otherwise set forth below: (ne?ro the Conn -actor's obligation to provide property ins rance-differs ftorrr the Owner's obligations as described under Section A.2.3, indicate srrch differences hi the space below. Additibh lly, 4f a party other than the Owner will be responsible for•'adjusting- aijd settlhjg a foss u4th t7le:rt18U1-er-.and acting as the trustee of the proceeds of properop insurance its dccor•danee with,4nrcle 11. of the General Conditions, indicate the responsible party below.) A.3.3..2.2 Railroad Protective Liability Insurance, with policy limits of not less than pet claim ghd. : ($ :� in the aggregate, far wo�tk within ffty �Sa} feet of railroad •property. [ AA.3.2.3 Asbestos Abatement Liability Insurance, with policy limits of not'less Hiatt ($ } per clahni and ($ in the aggregate, for fiatility arising -from the encapsulation, removal, handling, storage, 1ranspartation, and disposal of asbestos -containing materials. I § A.3.3.2.4 Insurance -fox physical damage to property while it is in storage and in transit to the :.construction site .on an "all-risks" completed value foi•�z1. § A.3.3.2.5 Property insurance on an ``all-risks" completed value fort-m, covering property awned by the Contractor and used on the Project, including scaffolding and other equipment. Init. AIA Document A101" —.2017 Exhibit A. Copyright © 2017 by The American Institute of Architects. All rights reserved. WARNING: This AW Document 1s protected by CIA Copyright Law and International Treaties, Unauthorized reproduction or distribution of this A1AID Document, or any portion of it, 6 may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the lave, This document was produced by ! A!A software at 096.36:54 ET on 06/12/2019 under Order No. 1314667054 which expires on 0813112019, and is 'not for resale. (3B9ADA4A) User Notes: § A.M.2.6 Other Insurance - first belaiv any otJier ir�sttr�mlce cower uge to lie pr--ovided by the Corztr•actor• and any applicable - Coverage Limits Worker's Compensation & Disability Statutory Requirements:: Empayer's Liability $100,000.4.0 Comprehensi re. `General Liability: Bodilyann y $1,000,000.00 each occurrence $2,000 000.00 aggregate _ o : T]arba a pYl. .g $1,000,000.00 each. occuz7 ence C6h*feh nsive -Autv'Liability: :.;;.. ;' :z fldzl�.Tn .:.:::::•:: fdil 1 000 000.00 each $ , � person $1,000,000.00 each ocem eiice ,ai_.age ey-Jach occurrence eh nsive ibrell a Liability $ 1000,000.00 e acl occmTeinceomb $2,000,000.00 each aggregate - A.3 Po' tformance Bond and Payment Band :. Can .'actflr..shall ro l e-sufUvbonds, $-om' a coinpaay or companies lawfully authorized to issue surely bonds in :the "ul isdicuo a u bere {the: proj ect is located, as follows: ec a chid erial; ...... if bonds. {gip xp p:: :":: "e Penal Sum 0.00 jFf[ a rme it` orit '` 100°/a of Project costs .3 :Pefoimiaiac:Bond 144% of project cysts and ?eiforiaanc e B onds shall b e AIA D o cent .A312T-M P a anent Bond and Performance, Bond, or - -' � Y ::. .. <. - _ •e t a the date of tlu A antairo isions iden cal to AiA:'Doctunent A312 , cul n s of h s greement. ••'- _A RzIGL 4 4 SPE SAL TERMS -ANC CONDjT1 NS ?S ecial terms`-and.contiitions that'modx this Insurance and Bonds Exhibit,.if any, are as follov�s. :. = fy Y . :p..:-. is AlA Document Mai TM-- 20'i7 Exhibit A. Copydght.4 2017 by The. American Institute of Architects. All rights reserved, WARNING: This AIM Documeni is protected by V.S. Copyright Last and International Treaties. Unauthorized reproduction or distribution of this AIAO Document, or•any portion of it, 7 may result In severe civil and criminal penaltles, and will be prosecuted to the maximum extant possible under the law. This document was praduced by AIA software at 09:36:54 ET on 06/ 12/2019 under Order No.13.14667054 which expires'an 08/31/2019, and Is not for resale. (3B9ADMA) User Notes: CITY OF RICHMOND, WAYNE COUNTY, INDIANA DOWNTOWN FASCADE IMPROVEMENTS PROJECT BID OPENING: MAY 24, 2018 General decision Number: IN180004 05/11/2018 IN4 Superseded General Decision Number: IN20170004 State: Indiana Construction Type: Building Counties: Brown, Clark, Dearborn, Decatur, Fayette, Floyd, Franklin, Harrison, Henry, Jennings, Ohio. Randolph, Ripley, Rush, Switzerland, Union and Wayne Counties in Indiana. BUILDING CONSTRUCTION PROJECTS (does not include single family homes and apartments up to and including 4 stories) Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 11 2015. if this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2018. The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above -mentioned types of contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but it does not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a) (2) - (60) . Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/05/2018 1 01/12/2018 2 01/19/201B 3 02/09/2018 4 02/23/2018 . 5 03/16/2018 6 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, OHIOr RIPLEY SWITZERLAND AND UNION COUNTIES pe _.,. �--� EE_XH1BiT PAGE", F.�}. CITY OF RICHMOND, WAYNE COUNTY, INDIANA DOWNTOWN FASCADE IMPROVEMENTS PROJECT BID OPENING: MAY 24, 2018 Rates Fringes Asbestos Workers/Insulator _ (Includes application of all insulating materials, protective coverings, coatings & finishings to all types of mechanical systems) ..... $ 29.50 1.6.72 -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)...........•••$ 25400 15.70 ASBE0018--001 0 6/ 01/2017 BROWN, ❑ECATUR, 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 •• mechanical systems).....,...•••$ 31.24 19.94 _ HAZARDOUS MATERIAL HANDLER (includes preparation, wettings, stripping, removal, scrapping, vacuuming, bagging & disposing of all insulation materials, whether they contain asbestos or not, from $ 23.00 14.40 mechanical systems) .............. ASBE0051r005 06/01/2017 CLARK, FLOYD, HARRISQNr 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 25.36 14,51 mechanical systems) ... ..........•$ HAZARDOUS MATERIAL HANDLER (includes preparation, wettings, stripping, removals I EYHRIT �& PAGE r CITY OF RICHMOND, WAYNE COUNTY, INDIANA- DOWNTOWN FASCADE IMPROVEMENTS PROJECT BID OPENING: MAY 24, 2018 scrapping, vacuuming, 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 ASBESTOS WORKER/ RSAT & FROST INSULATOR (Includes application of all insulating materials, protective coverings, coatings & finishings to all types of 22.25 8•$g mechanical systems)..............$ HAZARDOUS MATERIAL HANDLER (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging & disposing of all insulation materials, whether they contain asbestos or not, from 25.00 13.70 mechanical. systems)} w--... ----..n wa..-..w-r-----r.. -----------w... r--r-ww r.err-r-rww B0IL0105-002 01/01/2013 DEARBORN and SWITZERLAND COUNTIES Rates Fringes BOILERMAKER $ -.war----rrr-r�.r rrw�r�.�w--w-----r-` 33.76 29.45 ----r-wrr+..w w-wwrrrr w. ----r-------- B0IL0374-001 03/01/2018 REMAINING COUNTIES Rates Fringes BOILERMAKER..........,.••.....,■.$ 37.22 27.65 ------`-----�------ -----------..-----rr.rr-r--------------- BRIN0004-019 06/01/2016 LOUISVILLE CLARK, FLOYD AND HARRISON COUNTIES Rates Fringes BRICKLAYER .................. .....$ 25.96 11.85 Marble, Tile Layer & Terrazzo $ 22.64 6.05 Worker .............. ............. 1.5.42 5.37 TILE.FINISHER......*•■••■■•■••• •$ EXHIBIT � l�AGE��OFq*3-j CITY OF RICHMOND, WAYNE COUNTY, 1NDIANA DOWNTOWN FASCADE IMPROVEMENTS PROJECT BID OPENING: MAY 24, 2018 ------------------------- .------------------- rrrrr.yw rrrwr..w—wrr...w. BRIN0004-022 06/01/2017 BROWN, DEARBORN; DECATURr JENNINGSrOHIO, RIPLEY and SWITZERLAND COUNTIES Rates Fringes Bricklayer, stonemason ........ .,.$ 2?.63 12.10 8.65 TERRAZZO FINISHER ................$ 19.36 31.11 12.29 TERRAZZO WORKER/SETTER..........,$ 8.61 ' Tile & Marble Finisher...........$ 20.76 Tile & Marble Setter; Mosaic 12.19 Worker...... rr--...---�-r----+•-�rrwrwrw--+ir 30 41 w—Fr—rrr--1..--- ...wrwrw�r w.-rwr.. ..-----r—r—r—t+ BRIN0019--002 06/01/2017 NIUNCIE FAYETTE, FRANKLIN, HENRY, RANDOLPHr RUSH, UNION and WAYNE COUNTIES Rates Fringes Bricklayer, Stonemason, $ 29.75 13.50 Pointer, Caulker & Cleaner.-..- .. 19.36 TERRAZZO FINISHER.....,..... .. ...$ 31.11 2.65 x2.29 TERRAZZO WORKER%SETTER...........$ 20.76 8.61 Tile & Marble Finisher ......... •.$ Tile & Marble Setter; Mosaic 30.48 12.19 Worker. elon ------.....-___-------....--------- r-_----- ...r rrr.....rr—rr rr—rr...r—r—....rrwrrr CARP0002--021 0 4 / 01 /2 017 DEARBORNr JENNINGS, OHIO, RIPLEY AND SWITZERLAND COUNTIES Rates Fringes CARPENTER 24.93 19.90 Carpenter...................$ 25.93 19.90 Piledriver,.....•...•-•.--.•$ r�...r..wrrr.rrrrrr.r--..�rwrwr. �..w—r—.�wr r..�wnwr—rrrr.n +rr .-w.+lw—rrr.-.��w—r—rwwrr CARP0104-001 10/01/2017 'FAYETTE, HENRY, RANDOLPH, UNION AND WAYNE COUNTIES Rates Fringes Carpenters: Carpenters, Drywall 19.35 Installers, Piledrivers.. ... $ 28,02 21.45 millwright..... 27.72 Soft Floor Layers ....... 27.29 17.44 rrr—w--r ------------ EXHIBIT �,. PAGE �,OF� CITY OF RICHMOND, WAYNE COUNTY, INDIANA DOWNTOWN FASCADE IMPROVEMENTS PROJECT BID OPENING: MAY 24, 2018 CARP0175-002 04/01/2017 CLARKEr FLOYD AND HARRISON COUNTIES Rates Fringes CARPENTER 23.88 20.39 Carpenter.......,.•...../•..$ Piledriver 24■88 --------------- 20.39 -r-r-rr.ww-w----------------r- CARP0999-009 06/01/2014 CLARK, FLOYD, AND HARRISION COUNTIES Rates Fringes . . . . . . . . . . . . . . ■ ■ ■ . ■ ■ . ■ MILLWRIGHT_w_-_$-25w9�_-w----__-r_19r47------_ wr--- ----r-----------------r cARPi090--003 06/01/2017 DEARBORN, JENNINGS, OHIO, RIPLEY AND SWITZERLAND COUNTIES Rates Fringes MILLWRIGHT 27.72 -----.- 21.45 ---------.. ---- ww wwwrrwnrrrrwrwwrf�...w-ww--r-r-w-r----------- CARP1775-001 10/11/2017 BROWNS DECATUR, FRANKLIN AND RUSH COUNTIES Rates Fringes Carpenters: Carpenters, Drywall Installers, Piledrivers..,..$ 26-83 Millwright,.................$ 27.72 21.45 Soft Floor Layers... • .. ■ ■ ■ • ■ $ 27.29 w+------------- +-w+wwrrr_-r.w .44 ram+-rwrrrwrrw r.rr --------------- ELECO071-006 01/02/2017 DEARBORN, OHIO, and SWTIZERLAN❑ COUNTIES Rates Fringes Line Construction: $ 32.24 12.59 Equipment Operator........,. 23.28 10.62 Groundman...■.■....•.■...... Lineman & Cable Splicers....$ 36.64 - -----rrww-rrw-rw----- 13.57 • ---r--ram --.r_rwwrwrwnn---•••---r-rrrwr--.yr---•-•- ELECO212--009 06/05/2017 ❑EARBORN, - OHIO, and SWITZERLAN❑ COUNTIES Rates Fringes no M1 EXHIBiT,�.PAGE is �� CITY OF RICHMOND, WAYNE COUNTY, INDIANA DOWNTOWN FASCAD E IMPROVEMENTS PROJECT BID OPENING: MAY 24, 2018 ELECTRICIAN.... 4.,.,.....01......_$ 27.90 17.56 r------------ rrr r--- -r-rr----+-w----w--rr--«---+--r--r--r.-n-r---w.+r ELEC0369--009 05/31/2017 CLARH, FLOYD, and HARRISON COUNTIES Rates Fringes ELECTRICIAN. 31.07 16.60 Line Construction: Groundman...................$ 13.83 6.35 Lineman; Equipment Operator.$ 22.25 --------r-rr-r--wrrw-.-+------------- 6.35 -- --rr--rw-w-rrw ELEC0481-002 05/29/2017 . ❑ECATURr JENNINGS, RIPLEY AND RUSH COUNTIES Rates Fringes ELECTRICIAN....... ...............$ 34.50 r.rwrwrrr-rr----+-----rrr--- 19.82 r ----------------------- ELECO725-001 03/01/2018 . BROWN COUNTY Rates Fringes ELECTRICIAN ....... 36.22 19.14 rrr------------r-r---w.+wrw-rw--wrr ww----rr-------r------------ - ELEC0725-008 06/01/2017 ]BROWN COUNTY Rates t-ringes Communication Technician ......... $ 27.85 %13.01 Includes the installation, ape ration, inspection, maintenances 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. rwrw-.+rr--+rrr-rrww------------------wr----------rw----- S ELECO855-001 06/01/2017 FAYETTE, FRANKLIN, HENRY, RANDOLPHr UNION AND WAYNE COUNTIES Rates Fringes ELECTRICIAN...,..••.,........•..$ 32.22 15.84 rw-r-«...-rw-rwrr-wrrr-r-----r-----ter ...-w--w.rrww-- ELEV0034-001 01/01/2018 rEXH-IBIT- PAGE CITY OF RICHMOND, WAYNE COUNTY, INDIANA DOWNTOWN FASCADE IMPROVEMENTS PROJECT BID OPENING; MAY 24,2018 Rates Fringes ELEVATOR MECHANIC..........-....•$ 46.51 32.645+a+b a) PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Vetern's Day, Thanksgiving Day, the Friday after Thanksgiving, and Christmas Day. b) Employer contributes 8% of regular hourly rate to vacation pay credit for employee with more than 5 years of service; 6% for less than 5 years' service. �r.w-rrw�.�w.. rlr ww r.-.wrr. .�rw..nr-wrw-rw w....-------w------------ ------ ENG10103r006 04/01/2016 FAYETTE, HENRY, RANDOLPHr RUSH, UNION, and WAYNE COUNTIES Rates Fringes Power equipment operators: 15.13 GROUP I .................. ...$ 34.80 GROUP 33.85 15.13 GROUP 3 29.80 15.13 GROUP �.....................$ 26.1D 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)i Fork Lift (machinery); Formless Paver; Generator (power for welders of compressor); Graddll; Helicopter; Helicopter Winch Operator; High Lift -Front End Loader; Hoist -Material and/or Personnel over 3 Floors; Locomotive; Mechanic on job site; Mucking Machine; Panel Board Concrete Plant; Pile Driver; Push Cat; Scoop & Tractor; Scraper -Rubber Tired; Type; Sub Spreader --Tractor Mounted; Straddle Carrier yP Base Finish Machine (C.M.I. or smiliar);Tower Crane; Tractor with Backhoe (over 1/2 yard); Welc GROUP 2: A Frame Truck; Hatcher Plant (automaticdry 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 6 Bull Float; Finishing Machine; Fireman -Pile Driving and Boilers; Fork Lift-Masonry & Material; Gunite Mafloor� aead nd under( Hoist -Material and/or personnel 3 [EXHIB IT.QL PAGE n - - Pt� 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; Roller -Asphalt, stone & sub base; Sheepsfoot Roller-- Self Propelled; Shop Mule; Spreader with r Base Paver -Self Propelled; Sub Grader; Throttle valve air compressor or boiler; Tractor with aackhoe (1/2 yard 6 under); Tractor -high lift --farm type; Tractor-Industria Type; Tractor with Winch; Well Points; Winch Trick GROUP 3: Air Compressor (210 cu. ft. a 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 ❑pr, 3#41 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 --------- -------w----------w----.....----------wr-----w-------0-----w ENGIO161-012 04/01/2017 BROWN, CLARKr DEARBORN, DECATUR, FLOYD, FRANELIN, HARRISON # JENNINGS, OHIOr RIPLEY, and SWITZERLAND COUNTIES Rates Fringes Power equipment operators; 15.15 GROUP A . . . . .................$ 33,33 GROUP B 25.80 15.15 POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP A; A -Frame Winch Truckr Articulating dump, autograde (CMI) , auto patrol, ballast regulator (RR) , batcher plant (electrical contro1 concrete) r bending machine (pipe) bituminous plant (engineer), bituminous , plant, bituminous mixer travel plant, bituminous waver , lcablewatuminy,us boring machine, buck hoist, bull dozer, y boom, chimney hoist, clamshell concrete mixer (21 Cu. ft. or over), concrete paver, concrete pump (crete) , construction elevator (Allmac or similar) crane, craneman, crawler backhoe, crawler high -lift, crusher plant, derrick, derrick boat, dinkey, directional/boring machine, dope dra lic ts (pipeline), double drum tugger (electric or air), drag line, operator, dredge engineer, drill operator, elevating grader, extendable boom forklift, formless paver, gantry creane, gator (or similar type tiller) , gradeall, grader, grademan, greaser (on grease facility servicing heavy equipment), G.P.S System (on equipment within the cla99ifications), grout pump, head greaser, helicopter g crew, Hetherington paver, hoist (motraized, gas or disel), EEX:H 113 1 T e,- pM�E CITY OF RICHMOND, WAYNE COUNTY, INDIANA DOWNTOWN FASCADE IMPROVEMENTS PROJECT BID OPENING; MAY 24, 2018 hydraulic crane, hydro blaster, Industrial type forklift (over 9,000 lbs) , laser concrete screed, laser or remote controlled equipment (within the classifications)► locomotive crane, locomotive, mechanic, mobile mixerr 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 carrierf 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, whi.rl.eys . GROUP B; Air Compressor (1 or more, 600 cfm and over) air compressor with throttle valve, bituminous distributor, brakeman, bullfloat, cement gun, conrete mixer, concrete mixer, concrete saw, concrete spreader or puddlers, conveyor,r deck hand oiler, deck engine, drill helper, earth rollerr electric vibrator compactor (earth or rock), elevator (in --plant, automatic) r finishing machine, fireman, form grader, generator, guard -raid. dfriver, heaterr oiler, Industrial type forklift (91000 lbs and under), material pump, motor boats, paving joint machine, post hole digger, power broom, power traffic signals, rock roller, rocker spreader, Roller (earth or rock) , spike machine (RR), steam jenny, sub grader, tamping machine, truck crane oiler, truck mounted drill viler, Tugger (one -drum, air or electric) vibrator► vitro -piling hammer hydraulic hammer or auger, water pump, widener (apsc❑ or similar type) welding machine, JLG lifts and scissor lifts or similar machine, __-__..__ _..___......_..______-___------ IRON0022-002 06/01/2017 BROWN, DECATUR (W 3/4) , FAYETTE (W 1/2) , FRANKLIN (NW TIP) ► HENRY, JENNINGS (NW TIP) r RANDOLPH (SW TIP) r AND RUSH COUNTIE5 Rates Fringes IRONWORKER $ 30.64 22.05 The following holidays shall be observed: New Year sDaYi Memorial Day, Independence Ray, Labor Day, Thanksgiving y and the day after Thanksgiving and Christmas Day. in the holiday which occurs on a Sunday shall following Monday, unless the legal observance of these holidays is changed by law. ----------- _--------_w_r_r--_-_^---••••--_------r-----_--_--- IRON0044-007 06/01/2017 DEARBORN, DECATUR (REMAINDER OF COUNTY), FAYETTE (SE COER ER)r FRANKLIN (S. 3/4), OHIOr RIPLEY (REM. OF COUNTY), SWITZLAND (REM. OF COUNTY) , & JENNINGS (NE TIP) COUNTIES: F3XHIBFT PAGEw'._ CITY OF RICHMONDi WAYNE COUNTY, INDIANA DOWNTOWN FASCADE IMPROVEMENTS PROJECT BID OPENING: MAY 2412.018 Rates Fringes IRONWORKER Fence Erectors..............$ 25962 20.10 Structural a Ornamental. . . . • $ 26.97 20.10 M.w wr war.nMr-rw-ww^....wrrwrr-wrr'wwrrrrr----rwr+wwrwr wrrwwrrrwrww--rrww IRON0070-007 06/01/2017 CLARK, FLOYD, HARRISON, JENNINGS (S 2/3) ■ SWITZERLAND (SW TIP) r AND RIPLEY (SW TIP) COUNTIES Rates Fringes IRONWORKER.......... $ 28.30 21.85 wr.wrrww..wr....wrwwwwwr+wwrr••+w r...r rwrwrrw..•w w----rr-«rrrrwwrww- IRON0070-019 o6/01/2016 DEARBORNr DECATUR (REM. OF COUNTY), FAYETTE (SE CORNER), FRANKLIN (S. 3/4), OHIOf RIPLEY (REM. OFOUC), S TZERLAND (REM. OF COUNTY) and JENNINGS (NE TIP) COUNTIES Rates Fringes IRONWORKER, REINFORCING .......... $ 28930 21,95 rrrwrrwwrrrr---- +rnw ---------------------- wwrww-rrr IRON0147-003 06/01/2017 RANDOLPH COUNTY Rates Fringes IRONWORK{ER.......................$ 25.39 21.77 w'rrw wr.wwwrwrMrww-----------------rwrr.. ---rrrrn -rwrrwrwwww- ------ IRON0290--003 06/01/2016 FAYETTE [REMAINDER OF COUNTY)r RANDOLPH (S. PART OF COOUNTAAYNE EXCLUDING WINCHESTER BUT INCLUDING UNION CITY) UNION AD COUNTIES Rates Fringes IRONWORKER $ 2`? .00 � 20 .98 ....................... r rwwwwrY+lrwrrrwrrwrr.rwrrwrwn+wwrrrw�wrwrwww�w wrw�•••••wwrrwrr•...w ww�r LAB00741--002 06/01/2016 BROWN, DEARBORN, ❑ECATUR, FRANKLIN, JENNINGSr 4HI0r and RIPLEY COUNTIES Rates Fringes EXHIBIT � PAGE �OF CITY OF RICHMOND, WAYNE COUNTY, INDIANA DOWNTOWN FMCADE IMPROVEMENTS PROJECT BID OPENING: MAY 2412018' 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 plasterers); Railroad . Workers; Masonry Wall Washers (interior & exterior); Portable Water Pumps with Discharge up to 3 Inches; Handling of Creosote Lumber or Like Treated Material (excluding railroad material); Asphalt Rakers and Lutemen; Earth Compactors; Jackmen and Sheetmen working ditches deeper than six (6) feet in depth; Laborers in Ditches six (6) feet in depth or deeper; Assembly of Unicrete Pump; Tile Layers (sewer or field) and Sewer Pipe Layers (metallic or non-metallic); Motor driven wheelbarrows and concrete buggies; Hyster operators; Pump Crete Assemblers; Core Drill Operators; Cement? Lime or Silica Clay Handler (bulk or bag); Handling of toxic material damaging to clothing; Pneumatic Spikers; Deck Engine and Winch Operators; Water main and cable ducking (metallic and non --metallic); Screed Man or Screw Operator on Asphalt Paver; Chain Saw and Demolition Saw operators; Concrete Saw; Concrete Conveyor Assemblers; Applying of Curing Compound; Sinking of Wellpoints; Dewatering Header Systems. GROUP 2: Plaster Tenders; Mason Tenders; Mortar Mixers; Welders (acetylene or electric) ; Cutting Torch or Burner; Cement Nozzle Laborers; Cement Gun Operators; Scaffold Builders for Plasterers; Scaffold Builders for Masons; Water Blast Machine Operators; Air Tool Operators and all Pneumatic Tool Operators; Air and Electric Vibrators and Chipping Hammer Operators; Asbestos Removal; Hazardous Waste Removal; All Boiler Setters Laborers, including Expediters, Bottom Men, Bell Men and Mason Tenders. GROUP 3: Dynamite Men, Drillers --air track or wagon drilling for explosives. LABOO795--001 06/01/2016 CLARK, F'LOYD, HARRISON, and SWITZERLAND COUNTIES Rates Fringes Laborers: GROUP 1....,.,,•..••••,•.•,.$ 19.25 14.00 GROUP 2.....................$ 19.75 14.00 GROUP 3.........,.....0.....$ 20.25 14.00 LABORER CLASSIFICATIONS: FI6IT PAGE CITY OF RICHMOND, WAYNE COUNTY, INDIANA DOWNTOWN FASCADE IMPROVEMENTS PROJECT BID OPENING; MAY 24, 2018 GROUP 1: Building and Construction Laborers, Scaffold • Builders (other than for Masons or Plasterers), Mechanic Tenders, Rodmen & Chainmen, Signalmen & Flagmen, Window Washers & Cleaners, Waterboys & Toolhousemen, Railroad Workers, Masonry Wall Washers (interior & Exterior), All Portable Water Pumps with Discharge up to three (3) inches, Waterproofing, Handling of creosote lumber or like treated Material (excluding Railroad Material), Asphalt Rakers & Luteman, Kettlemen, Air Tool operators and all Pneumatic Tool operators, Air and Electric Vibrators and Chipping Hammer operators, Earth Compactors, Jackman & Sheetmen working Ditches Deeper Than Six (6) feet in depth, Laborers working Ditches Six (6) feet in Depth or Deeper, Assembly of Unicrete Pump, Tile Layers (sewer or field) & Sewer Pipe Layers (metallic or non- metallic)r Motor Driven Wheelbarrows and Concrete Buggies Hyster Operators, Pump Crete Assemblers, Care 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 Burnerr 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. rrr.w...----....rrrrr.wwrrrwrw..s----^wrrwrr-r-rwr.rw.. --„•. ---- -. LABO1047-001 06/01/2016 FAYETTE, HENRY, RUSH, WAYNE, and UNION COUNTIES Rates Fringes Laborers: 13.80 GROUP �.■.... ..■......,......$ 20.38 GROUP 2.....................$ 21.13 13.80 GROUP 3 . . . . . . . . . . . . . . . . . . ■ . . $ 21 ■ 38 13.80 LABORER CLASSIFICATIONS GROUP 1: Building and Construction Laborers; scaffold Builders (other than for Masons or Plasterers); Mechanic Tenders; Civil Engineer Tenders and Surveyor tenders; Rodman & Chairmen; Signalmen & Flagmen; Window Washers & Cleaners; Waterboys & Toolhousemen; Railroad Workers; _ Masonry Wall Washers (interior & exterior); Cement Finisher 1EXHISIT . PAGE CITY OF RICHMOND, WAYNE COUNTY, INDIANA DOWNTOWN FASCADE IMPROVEMENTS PROJECT ' BID OPENING: MAY 24, 2Dl8 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; Jackman a 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; Cementr 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. w.•wwrr.rwwr--.----rrw-r-w-rrwrr.---....-r.rw LABO1112-002 06/01/2016 RANDOLPH COUNTY Rates Fringes Laborers: GROUP 1......... ............$ 21.26 13■90 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; Portable water pumps with discharge up to 3 inches; signal & flag person GROUP 2: Waterproofing; hauling of creosote lumber or like treated material (excluding railroad material); asphlat rakers and lutemen; kettlemen; air tool operator; pneumatic tool operator; air & electric vibrators and chipping hammer operator; earth compactors; Jackman & sheetmen in ditches EXHIBIT „�, PAGE � .�� CITY OF RICHMOND, WAYNE COUNTY, INDIANA DOWNTOWN FA5CADE IMPROVEMENTS PROJECT BID OPENING: MAY 24, 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 tun operators) scaffold builders for plasterers; scaffold builders; water blast machine operator rrrwrw_.rr r... w. ---- ----rrrw_w...w--------------rww PAIN0012-006 05/01/2017 COMMERCIAL AND INDUSTRIAL DEARBORN, OHIO, RIPLEY AND SWITZERLAN❑ COUNTIES; Rates Fringes PAINTER Bridges, Dead Abatement.....$ 25.61 9.54 Brush & Raller, Paperhanger, Drywall Taping.$ 24.61 9.54 Sandblasting, Waterblasting.$ 25.36 9•54 Spray.,.....,,., ,..........$ 25.11 9w5q --------- r www_r.--�+-rrr~"�rrwrrrrwrwr _�.�-_----r--rrrrw-w___ w- PAIN0047-001 06/01/2011 BROWN, DECATUR AND JENNINGS COUNTIES Rates Fringes PAINTER 12.35 Brush, Roller ...............$ 25.18 Spray and Sand-Blasting-9-4 M18 -r___r_w-y------------- 12.35 PAIN0118--007 06/01/2017 CLARK, FLOYD AND HARRISON COUNTIES Rates Fringes PAINTER Brush, Roller, Paperhanger, Spray, 12.21 Sandblast & Waterblast,.....$ 19.25 r----------....---------.---rr-r..._----------- PAIN0387--004 11/01/2017 EXHIBIT PAGE .� 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 GLAZIER .......................... $ 26.00 14.15 w .yrr^rw.------------------ w-u+w r.. r.w-------r-..r---.....mow..----rr- ---- PAIN0669--402 04/01/2017 FAYETTE, FRANKLIN, HENRY, RANDOLPH, RUSH, UNION AND WAYNE Rates Fringes Painters: Brush; Roller; Paperhanging' Drywall Finishers ...................$ 20.50 12.14 spray/Waterblasting; Sandblasting ................$ 21.50 12.14 -- -- r -- - - - -- - -- - - r -w - r- - r - - - - - - w - r - - - - r - - - - - - - - - - r - - - - - r r - -- - - - r PAIN1165-009 07/01/2017 CLARK, FLOYD, HARRISON COUNTIES Rates Fringes GLAZIER........ ..................$ 28.18 14.72 -r.--------------------- --w--wr-----.-.-----wrww..rr----- - PAIN1165-015 01/01/2018 BROWN, DECATUR, FAYETTE, HENRY, JENNINGS, RANDOLPH, RUSRf UNION, and WAYNE COUNTIES Rates Fringes GLAZIER .......... ................$ 26.26 16.22 ---------------------------------------------------------------- PLAS0132-007 07/22/2014 ❑EARBORN, FRANKLIN (Southern half, south of a line running East and West established South of Brookville) , OHIO, RIPLEY and SWITZERLAN❑ COUNTIES Rates Fringes PLASTERER ........$ 22.60 11.85 ...--..r-r--w-r--w-www--rw------r--7--------"' --------------------------- PLAS0692-003 06/01/2016 06/01/2016 AREA # 4 6 BROWN and CLARK COUNTIES Rates Fringes 1EXH1BfT,.,-PAGEU.0F�1 CITY OF RICHMOND, WAYNE COUNTY, INDIANA DOWNTOWN FASCADE IMPROVEMENTS PROJECT BID OPENING: MAY 24, 2018 • PLASTERER ............... ■..•.■•..$ 25,04 �r r'------ 13.23 ---- -----+r. �.w_awr.w_ rryrwrrrr_wrr�■..-----rr---+w-rrlrrrrF■��.r PLAS0692--011 04/01/2017 AREA #83, DECATUR, FAYETTE, FRANKLIN, HENRY, RANDOLPHr RUSH f -UNION and WAYNE COUNTIES Rates Fringes CEMENT MASON/CONCRETE FINISHER...$ 25.45 13.84 PLASTERER 25 49 11.95 r wrwrrr_.rw---rrwwwww..+i+.rr_++w_rrrrwrwrrrrr.rwr-----rw_rrwwN■Flrww"yrwwa PLAS0692-027 04/01/2017 AREA #566 CRAWFORD, DAVIESS r DUBOIS, GIBSON, HARRISON, KNOK r MARTIN, PERRY, pIKE, POSEYr SPENCER, VANDERBURGH and WARRICK TIES Rates Fringes CEMENT MASON/CONCRETE FINISHER...$ 25.60 r---------w---r---r_r.-. 16■66 wr w w---- _w -----rr-w wi+...-rw.•rw----wr-------r PLAS0692-033 05/01/2017 BROWN, CLARKE, DEARBORN, FLOYDr FRANKLIN (SOUTHERN 1/2) r JENNINGS, OHIO, RIPLEY AND SWITZERLAN❑ COUNTIES Rates Fringes - CEMENT MASON/CONCRETE FINISHER 24.18 13.49 AREA#821.■•■•..■...■■•.■...$ .-.r-_.._--...r -_-_wrwrwr PLUM01.36-002 04/01/2018 REMAINING COUNTIES Rates Fringes and Pi efitter9 $ 36 ■ 22 18.71 Plumbers p ------------- ..arrrrwrwwww^r.+.w PLUM0392-006 06/01/2017 DEARBORN, OHI41 RIPLEY# AND SWITZERLAND COUNTIES Rates Fringes - Pipefitters $ 31.11 18.54 .. Plumbers and •�!•■■••• - --------r•..�....rwwrr..----------.- --�__--------w-....wrw_r�rr_r rw.+rr rrwa+w ww+ EXHIBIT A&- PAGE �Ofj�j__ CITY OF RICHMOND, WAYNE COUNTY, INDIANA DOWNTOWN FASCADE IMPROVEMENTS PROJECT BID OPENING: MAY 24, 2418 PLUM0440-004 06/05/2017 FAYETTE, FRANKLIN, HENRY, RANDOLPH, RUSH, UNION and WAYNE COUNTIES Rates Fringes Plumber and Steamfitter..........$ 36.72 w--------------w—_-----rrw 16.09 —rr—_.+_r_—_---- PLUM0502-001 08/01/2016 CLARK, FLOYD AND HARRISON COUNTIES Rates Fringes PLUMBER/PZPEFITTER...............$ 32@00 w--•--. ---r---------rr_.rrr 20.13 rrr ---------------------- ROOF0042-005 08/01/2017 DEARBORN, OHIO and RIPLEY COUNTIES Rates Fringes Roofers Roafex......................$ 27 .iZ 14.86 r .rr--r—r—r—.rrr—w.�rwrrrr—w__....r_-----------rwrr_wrrwww—rww * ROOF0075-001 05/01./2017 FAYETTE, R.ANDOLPH, UNION, and WAYNE Counties Rates Fringes ROOFER Composition................ $ 23.88 15.29 Slate & Tile ................$ 24.10 --wr—r------_--.—.----- 15.29 - w---rrr—ww—wwwr—rwrrrrw----•+ * ROOFOI19-005 09/01/2016 . Rates Fringes ROOFER ............$ 24.80 10.75 ----------- r------.--r—r----_.—r--w--r------_.-•—___—'__rrwr_r—....—r.+__ ROOF0147-003 04/01/2017 CLARK, FLOYD, HARRISON and SWITZWELAND COUNTIES Rates Fringes .... ........... ...... ROOFER.... - $ 23.76 9.83 r----ram' ; --------r-----------_--rwr—rrw---w—_------------- SHEM020--012 07/01/2017 ' BROWN, ❑ECATUR, FAYETTE, FRANKLIN, HENRY, JENNINGS, RIPLEY, RUSH AND UNION EXHIBIT , _ AG .��. CITY OF RICHMOND, WAYNE COUNTY, INDIANA DOWNTOWN FA5CADE IMPROVEMENTS PROJECT BID OPENING; MAY 24, 2018 Rates Fringes Sheet metal worker ............... $ 33.39 21.52 ----------------- -_----w-_...rw-_w---------wr-r_rrr�ww_w SHEE0024-006 06/01/2015 RANDOLPH and WAYNE COUNTIES Rates Fringes Sheet metal worker...............$ 26.27 20.74 M ------------ _^___rwr.r_w^rr_rr_rrwr_r...wrwrr_rw-r.+-wrrwwww SHEE0024r012 06/01/2015 DEARBORN AND OHIO COUNTIES Rates Fringes Sheet metal worker.........•.••••$ 26,27 20.74 --------------------- __-w_...._-.+_-r..._rww.www SHEE0110-007 12/01/2013 CLARK, FLOYD, HARRISON and SWITZERLAND COUNTIES Rates Fringes Sheet Metal Worker ............... $ 28.66 18.03 r_r_r_w__r-w.+_-+------^"w---_wr~~r_-w-r_r«....awrr_wwrrw_rwwwww-_w___ TEAM0135-002 04/01/2017 BROWN, CLARET, DEARBORNf DECATUR, FAYETTE, FLOYD, FRANKLIN, HENRY, J'ENNINGS, OHIO, RANDOLPH, RIPLEY, RUSH, SWITZERLAND, UNION, AND WAYNE COUNTIES Rates r-ringes Truck drivers: A GROUP 1......,..,.,.........$ 28.49 GROUP2.....................$ 28,99 A GROUP 3.....................$ 29.19 A GROUP 4.....................$ 29,34 A ' GROUP 5...,..,..............$ 29,84 A A: $33.70 PER DAY & 426.80 PER WEEK. TRUCK DRIVER CLASSIFICATIONS GROUP 1: Single Axle Trucks seven(7) cu.yds. orless than ten and one-half (10 1/2) tonor.lesspthansseveno-and one-half five(5) cu. yds. and under ds. and under, air (7 1/2) tons, cu, mixer trucks three (3} y ► - compressors and welding machines, including those pulled by pA EXH E�ET �E At.-aE�JQ N . . CITY 4F RICHMOND, WAYNE COUNTY, INDIANA DOWNTOWN FASCAD E IMPROVEMENTS PROJECT BID OPENING: MAY 24, 2D18 separate units, batch trucks - wet or dry 21134-E batches or less, truck driver helpers, warehousemen, rrnechanic'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. yda , 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 (G) wheel trucks, Koehring or similar dumpsters, tract trucks, Euclids, hug bottom dumps, tournapulls, tournatrailers, tournarockers, or similar equipment when used for transportation purposes under nine ( 9 ) cu.yds. or less than thirteen and one --half (13 1/2) tons, tandems and semi -trailer service trucks, mixer trucks over three (3) du.yds. and including six an one --half (6 1/2) cu.yds., fork lift, four (4 ) wheel A frame trucks when used for transportation purposes, four ( 4 ) wheel winch trucks, pavement breakers, batch trucks --wet or dry -over 2 up to and including 4-1134-E" batches, two (2) men oil distributors, fork-lift under four ( 4 ) ton and vacuum trucks. GROUP 3: Koehring or similar dumpsters, tract trucks, sem--trailer water trucks, Euclids, hug bottom dumps, tournapulls, tournatrailers, tournarockers, tractor trailers, tandems Q frame winch trucks, hydrolif t trucks or similar equipment when used for transportation purposes, mixer trucks over aix and one-half (6 1/2) cu.yds. batch trucks wet or dry over 4-1134--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 tone such as Koehring or similar dumpsters, tract trucks, Euclids, hug bottom dumps, trounapu]:ls, treunarockers or similar equipment when used for transportation purposes, pole trailers over six (6) wheels, water pullet low -boy trailers tandem axles, q uad axle or more no -weight Limitation, disel and /or heavy equipment mechanics when working on equipment operated by employees within the bargaining unit. GROUP 5: Mechanic, with his own tools. ----r-Wr-------------rrr-�•• -------- rwr...�r�w rrw TEA,M0215r006 04/01/2017 HARRISON COUNTY Truck drivers: Rates Fringes �Horr PAGE V1 OFNQ CITY OF RICHMOND, WAYNE COUNTY, INDIANA DOWNTOWN FASCADE IMPROVEMENTS PROJECT BID OPENING: MAY 24, 2D18 GROUP 1.....................$ 22.53 17.15 GROUP 2.....................$ 22.99 17.15 GROUP 3................... ..$ 23.21 17,15 GROUP I Pickup Trucks, Winch Trucks,Warehouseman, Mechanic, Street Sweepers, Single axle Trucks GROUP 2 Tandem Trucks or Dump Trucks; Farm Tractor -Pulling Trailer; Bituminous Distributors, Pavement 13reakers 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 Noehring or similar dumpsters, track trucks, Euclid bottom dump and hug bottom dump, Tournatrailers, Tournarockers or similar equipment WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note; Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis --Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. if this contract is covered by the E0, 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, injuredr or h other health -related needs, including preventive care °r for sons resulting from, or to assist a family member (o person who like family to the employee) who is a victim off domestic ion violence, sexual assault, or stalking, Additional in an contractor requirements and worker protections under the EO is available at www.dol.gov/whd/goveontracts. Unlisted classifications needed for work not includedwithin the scope of the classifications listed may be added aact clauses ter award only as provided in the labor standards co (29CFR 5.5 (a) The body of each wage determination lists the elainiffoatiOn the and wage rates that have been found to be prevailing REXH::IBIT Q, PAGE kbb- -0 A 4 CITY OF RICHMOND, WAYNE COUNTY, INDIANA DOWNTOWN FASCAD E IMPROVEMENTS PROJECT BID OPENING: MAY 24, 2D18 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 07/0112014. 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 (CEA) governing this classification and rate. Survey Rate Identifiera 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 surveycompletion date for the classifications and rates under that i Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG--OH--0010 08/29/2014. UAVG indicates that the rate is a weighted 0010union in average rate. CH indicates the state. The next n EXHIBIT ,Q.`AGE �.OF�_ 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. rr.r�rrrrrw^rrrr-rr---wwr.rww.rr�+rwrw�w�rrw�rrrMrwr...rr r....-.r�.�....�����... �. WAGE DETERMINATIDN 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 ed Regional office for the area in which the sury wac because those Regional offices have responsibility for the Davis-Bacon survey program. If the response from this it contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet rape for the formal process described here, initial contact shouldbe with the Branch of Construction Wage Determinations. Write Branch of Construction Wage Determinations . Wage and Hour Division U.S. Department of Labor 200 Constitu-tion Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CER part 1.8 and. 29 CFR Part 7). Write to: Wage and Hour Administrator r U.S. Department of Labor 200 Constitution Avenue, N.W. ` Washington, DC 20210 The request should be accompanied by a full statement ofthe interested party's position and by any information Jwagf al payment data, project description, area practice, r [EEXHIBrT P 3E �0F_% CITY OF RICHMOND, WAYNE COUNTY, INDIANA, DOWNTOWN FASCADE IMPROVEMENTS PROJECT BID OPENING; MAY 24, 2018 . etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to; Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 . 4.) All decisions by the Administzative Review Board are final. END OF GENERAL DECISION ffEXH1[B-,1T_(h_PAGE- .0 �_ r ► s WAGE pZrEREHCE $iMET CITY OF RICEMim —WhMM CADTY f X IANh — DOWNTOM FACADE MJECT HID Opuina MY 24, 2018 WA(M DECISION: IN180004 wI 11 nodifiodtions: May 11, 201@ This is an easy to use reference aheet for COntractOrB CONTRACTS AND Subcontractors. AT THE JOB SITE. APPLICABLE WAGE DETERMINATION, MUST BE INCLVD£D IN ++ IN THE EVENT OF A DISCREPANCYi SEVER TD ENTIRE APPLICABLE WAGE DECISION" ' E X H I T a _L6 p 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 S., PAGE TABLE OF CONTENTS SECTION I GENERAL INFORMATION Page # Bonding Requirements 1 i Retainage 1 Change Orders 1 Conflict of Interest 1 Code of Conduct 1 Record Retention 1 Access to Records 2 Contract Provisions Certification Regarding Use of Contract Funds far Lobbying Z SECTION 7 EQUAL EMPLOYMENT OPPORTUNITY REGULATIONS Nondiscrimination 3 3 EEO Officer 3 Dissemination of EEO Policy Recruitment of Employees 4 Selection of Subcontractors, Procurement of Materials and Leasing of Equipment 4 EEC] Records and Reports 4 4 Nonsegregated Facilities 5 Falsification of Documents 5 Section 3 office of Federal Contract Compliance Programs tDFCCP� 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 8 Personnel Actions S Conformance Rates 9 Payment of Fringe Benefits 9 1 Apprentice Participation 9 Overtime Requirements Withholding Payments 16 Violations and Liability 10 Statements and Payrolls SECTION 4 HEALTH AND SAFETY safety and Accident Prevention ii . 11 implementation of Clean Air & Water Act(s) Nate, This dacumen t is to be used as a guide for contractors and subcontractors working on community Development Block Grant is fully responsible for complying with ali fe eral projects In the State of Indiana. Itls not verlfled to he all Inclusive and the contractor regulations applicable to the cDBG program. �XH�B�T... PAGE SECTION 5 REQUIRED POSTERS 10SHA Safety and Health Protection an the Job Notice to All Employees working an Federally Financed Construction Projects Equal Employment opportunity Is The Law Federal Fair Housing Law Employee Polygraph Protection Act 5EC71710N 6 FORMS AND EXHIBITS SECTION 3 Compliance Report Federal Labor Standards Provisions (HUD-4010) ~ Contractor's Certification Subcontractor's Certification Wage/Fringe Benefit Certification Certified Payroll Form (wH-347) Certified Payroll Form (WH-348) instructions for Completing Certified Payroll Form EXH18fT -&�-OF-%a— 7 Required Contract Provisions Federally -Assisted Construction Contracts SECTION 1 General information BONDING REQUIREMENTS: IC 36-1-12-45, IC 36-1-12-13.1, IC 361-12-14 e The minimum requirements for contracts exceeding $100,000 for construction shall be as follows: 1. A Bid Bond or a certified check shall be filed with each bid equivalent to 5% of the bid price as assurance that the bidder will, upon acceptance of their bid, execute such contractual documents as may be required within the time specified. 2. A Performance Bond for 100% of the contract price to assure fulfillment of the 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 $1o0,000 require the retainage of 5% of the dollar value of all work satlsfactorily completed by the contractor(s). The escrow agent shall be selected by mutual agreement between the board of the awarding agency and the contractor(s). The contractor shall be paid in full within sixty one (61) days after the date of substantial completion. If upon substantial completion of the public work there remain uncompleted minor Items, an amount equal to two hundred percent (200%) of the value of each Item as determined by the architect/engineer shall be withheld until the item is completed. CHANGE ORDERS: IC 36-1-12-18 A change order may not be issued before commencement of the actual construction except In the case of an emergency. In such a case, the board of awarding agency must make a declaration and the board's minutes must show the nature of the emergency. The total of all change orders issued that increase the scope of the project may not exceed twenty percent (20%) of the amount of the original contract. A change order issued as a result of circumstances that could not have been reasonably foreseen does not Increase the Scope of the project. All change orders must be prepared by the project engineer or architect and approved and signed bythe 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 subreclplents, 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 ar 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 Heal or apparent conflict of Interest would be involved. RECORD RETENTION: 24 CFR 6S.42 Financial records, supporting documents, statistical records and all other records pertinent to a grant shalt 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 far that year. ACCESS TO RECORDS: 24 CFR 85,42-e The awarding agency and the Comptroller General of the United States, or any of their authorized representatives, shall have the right of access to any pertinent books, documents, papers or other records which are pertinent to the grant in order to make audits, examinations, excerpts and transcripts. The right of access in this Section must not be limited to the required retention period but shall last as long as the records are retained. l F-XH1BiT C PAGE 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 $j0o,o0p shall contain a provision which requires compliance with all applicable standards, orders, or requirements issued under Section 3o6 of the Clean Air Act (42 USC 1857 (h)j, Section 508 of the Clear Water Act (33 USC 1358), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR, Part 15), which prohibit the use under non-exempt federal contracts. grants or loans of faclilties included on the EPA List of Violating FaclUtles. 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 contractors own organlzation and with the assistance of workers under the contractoes immediate superintendence and to all work performed an 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 atmay far turn be made. The prime contractor shall be responsible 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,n00 — 49 CFR 20) The prospective participant certifies, by Signing and submitting this bld 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 an 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 rnaking 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 Farm-LLL, "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 $jo,000 and not more than $100,D00 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 $1o00000, 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 recelvIng federal financial assistance shall: 2 EXHIBIT -Psa- PAGE Required Contract Provisions Federally -Assisted Construction Contracts a. Prohibit discrimination based an race, color or national origin under Title Ill of the Civil Rights Act of 2964; b- Prohibit discrimination on the basis of sex under Title Vll of the Civil Rights Act of 1964 and amended by the Equal Employment opportunity Act of 1972; c. prohibit discrimination an the basis of age under the Age Discrimination act of 1975; d, Prohibit discrimination on the basis of disability under Section 504 of the Rehabilitation Act of 1973; e. Take affirmative action to employ and advance qualified disabled people under Section 503 of the Rehabilitation Act of 1973; f, promote and Insure equal opportunity for all persons, without regard to race, color, religion, sex, or national origin under Executive Order 11246 as Amended; g. Display posters which summarize the Federal laws prohibiting job discrimination based on race, color, sex, national origin, religion, age, equal pay and disability; h, Prohibit discrimination based an disability under the Americans with Disabilities Act of 1990; i. Assure that all buildings assigned for public use be designed, constructed and altered so as to be accessible to and usable by persons with physical disabilitles under the Architectural Barriers Act of 1968; and j, Avoid maintaining or providing any segregated facllltles. Any and all contractors, subcontractors, Independent contractors, suppliers, facilitators or any person participating in any program or activity receiving federal financial assistance shall: Comply with the provisions for the ellminatlon of Lead - Based paint hazards under 24 CFR Part 35; Take all necessary precautions to guard against damages to property and injury to persons, EEXHI'B-IT SECTION 2 E ual Employment Onvartunily Regulations NONDISCRIMINATION: (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more) Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and Imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contractor Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.D. 22101 et seg.) set forth under 28 CFR 35 and 29 CFR 1630 are Incorporated by reference in this contract. in the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO, The contractor will work wlth the awarding agency and the Federal Government in carrying out EEO obligations and In their review of his/her activities under the contract. The contractor will accept as his operating policy the following statement: "it is the policy cf this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall Include: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, Including apprenticeship, preapprenticeship, and/or on-the-job training.' EEO OFFICER: The contractor will designate and make known to the awarding agency an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. DISSEMINATION OF POLICY: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially Involved in such actlan, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to 3 z Required Contract Provisions Federally -Assisted Construction Contracts provide EEO In each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO officer. All new supervisory or personnel office employees will be given a thorough Indoctrination by the EEO officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. All personnel who are engaged In direct recruitment for the project will be Instructed by the EEO Officer In the contractor's procedures for locating and hiring minority employees. Notices and posters identifying the contractor's EEO policy will be placed in areas readily accessible to' employees, appllc,ants for employment and potential employees. The contractor's EEO policy and the procedures to Implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. RECRUITMENT OF EMPLOYEES: When advertising for employees, the cQntractorwill 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 minarity group applicants may be referred to the contractor for employment consideration. In the event the contractor has a valid bargaining agreement providing for exclusive hall referrals, he Is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementations of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive order 11246, as amended.) • The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. SELECTION OF SUBCONTRACTORS, PROCUREMENT OF MATERIALS AND LEASING OF EQUIPMENT: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age cr 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 2% 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 utlllze,DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. EEO RECORDS AND REPORTS: The contractor shall keep such records as necessary to document compliance with the EEO requirements, Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives. The records kept by the contractor shall document the following: The number of minority and non -minority group members and women employed in each work classification an the project; The progress and efforts being made In cooperation with unions, when applicable, to increase employment opportunities for minorities and women; The progress and efforts being made in locating, hiring, training, quaIifying, 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 EEXIBIT, PAGE �OF„{� Required Contract Provisions Federally -Assisted Construction Contracts establishments, and that the firm does not permit Its employees to perform their services at any location under its control, where segregated facilities are maintained. The contractor agrees that a breach of this certification is a violation of the EEO provisions of this contract. The contractor further certifies that no employee will be denied access to adequate facilities an 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 rase, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override, (e.g. disabled parking). The contractor agrees that It has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that It will retain such certifications in its files. FALSIFICATION OF DOCUMENTS: The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.s.C.1041 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 lob. if the contractor or subcontractor fails to submit the required records or to make them available, the awarding agency, HUD or DO[, 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 CDeG project service area for Section 3 compliance will be the nonmetropolitan county. Contractors and subcontractors participating In federally - assisted projects are reouIred 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 repotted 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 partles 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 organizatlon 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 constructlon contracts and subcontracts exceeding $10,000 must comply with Executive Order 11246. A mNotice.of Requirement for Affirmative Action to Ensure Equal Employment Opportunity" (Executive Order 112461 Is to be included In the bid solicitations for all federally assisted construction contracts and subcontracts in excess of $10,000. The Notice, which is published at 41 CFR 60-4.2, informs the contractor/bidder of the affirmative action requirements imposed under Executive Order 11246, including the specified goals for minority and female participation. Covered federally assisted construction contracts and subcontracts must incorporate the equal opportunity clause found at 41 CFR 60-1.4(b). The equal opportunity clause may be expressly Included in each contract or subcontract or incorporated by reference. importantly, the equal opportunity clauses are deemed to be a part of every covered construction contract and subcontract KEXIBIT � PAGE � OFF 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 constructlon 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 ❑FCCP Compliance may be found at www.dol.Rcy1esa/QFCC or, at 1-800-397-6251. The Indiana office is located at 46 East Ohio Street, Suite 419, Indianapolis, iN 45204 and phone number Is 317-226-5860. SECTIQN FCftrdLabor Standards Regulations Any and all contractors, subcontractors, Independent contractors, suppliers, facilitators or any person participating in any program or activity receiving federal financial assistance shall: Comply with federal labor standards regulations as follows. 1. Davis -Bacon Act 2. Contract Work Hours and Safety Standards Act 3. Copeland Act (Anti -Kickback Act) 4. Fair Labor Standards Act The U. S. Department of Labor has published rules and regulations corresponding to the above regulations at Title 29 CFR Parts 1,3,5,5and 7. , CERTIFICATION REGARDING DEBARMENT, SU5PEN510N, INELIGIBILITY AND VOLUNTARY EXCLUSION PRIMARY COVERED TRANSACTIONS: (Applicable to all Federal -aid contracts 49 CFR 23) 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 explanatlon 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 Excluslan-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 nat 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 particlpant 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 bythe General Services Administration. Nothing contained In the foregoing shall be construed to require establishment of 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 particlpant_ 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:11BIT C c PAGE 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 obtalning, 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 appllcation/proposal Had tone or more public transactions (Federal, State or local) terminated for cause or default. Where the prospective primary participant Is unable to certify to any of the statements In this certification, such prospective participant shall attach an explanation to this proposal. CERTIFICATION REGARDING DEBARMENT; SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSiON APPLICABLE TO ALL SUBCONTRACTS, PURCHASE ORDERS AND OTHER LOWER TIER TRANSASTIONS OF $25,000 OR MORE By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If It Is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. The prospective lower tier participant shall provide Immediate written notice to the person to which this proposal Is submitted if at any time the prospective tower tier participant learns that Its certification was erroneous by reason of changed circumstances. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used In this clause, have the meanings set out In the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contract the person to which this proposal Is submitted for assistance in obtaining a copy of those regulations. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, It shall not Knowingly enter into any lower tier covered transaction with a person who Is debarred, suspended, declared Ineligible, or voluntarily excluded from participation In this covered transaction, unless authorized by the department or agency with which this transaction originated. The prospective lower tier participant further agrees by submitting this proposal that It will Include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and In all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant In a lower tier Covered transaction that is not debarred, suspended, Ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification Is erroneous. A participant may decide the method and frequency by which It determines the eligibility of its principals. Each participant may, but Is not required to, check the Non -procurement List. Noticing contained In the foregoing shall he 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. EJ(HI81T PAGE 4p_,OF,� 1 '! Required Contract Provisions Federal IV -Assisted Construction Contracts PAYMENT DF PREVAILING WAGES: Applicable to all Federal -aid (CDBG) construction contracts exceeding $2,000 and to all related subcontracts: Ali 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 an any account except such payroll deductions as are permitted by regulations (29 CFR 31 issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 27Ec) 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 of its subcontractors and such laborers and mechanics. The wage determination eri �inaati n shall be posted at all times by the contractor d its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen b stm der ers. costs the purpose of this section, contribution reasonably anticipated for bona fide fringe benefits 6an er Section I (b)(2) of the Davis -Baton Act (40 U.S.C. ) on behalf of laborers or mechanics are considered wages paid. Regular contributions made or costs incurred for more than 5a weekly period (but not less often than quarterly) under eland, funds, or programs, which cover the particular y p are deemed to be constructively made or incurred duringasuch o the weekly period. Such laborers and mechanics tshonbell paid wage appropriate wage rate and fringe be determinatlon 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 therein, each' classification for the time actually worked • provided, that the employees payroll records accurately k is et forth the time spent in each classification In performed. All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29 CFR 1, 3 and 5 aCe herein Incorporated by reference to this contract. PERSONNEL ACTIONS: Wages, working conditions, and employee benefits shall be established and administered, and personnel t inns of every transfer. typo including hiring, uPgrading,obe taken withoutdemotion, layoff, and termination, shall regard to race, color, reiiglon, sex, national origin, age or disability. The following procedures shall be followed: The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall Include all affected persons. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in Connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. if the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each Investigation, the contractor will Inform every complainant of all of his avenues of appeal. The contractor will assist In locating, qualifying, and Increasing the skills of minority group and women employees, and applicants foremployment. 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: t1) 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, the awarding agency and the contracting offs agree classification and conformance wage rate including the amount deslgnated for fringe benefits where appropriate, the conformance rates Shall be paid to all workers performingwork s In that classification from the first day on which work performed in the classification. In the event the contractor or subcontractors, laborers and mechanics, awarding agency and the contracting officer do not agree an the proposed classification and wage rate Including the amount designated for fringe benefits wards appropriate, the contracting officer {OCRA Labor Stand XHiBITIE.1��pAG .IAaj 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 Adminlstratar, or an authorized representative, will Issue a determination within 30 days of receipt and s❑ advise the contracting agency or will notify within the 30-day period that additional time 1s 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 minlmurn wage rate prescribed In the contract for a class of laborers or mechanics Includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. If the contractor or subcontractor does not make payments to a trustee or other third person, he/She may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated In providing bona fide fringe benefits under a plan or program, provided that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met, APPRENTICE PARTICIPATION: Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and Individually registered In a bona fide apprenticeship program duly registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau. The allowable ratio of apprentices to journeyman -level employees on the job site In any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed an 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 Tate listed In the wage determination for the classification of work actually performed. In addition, anyapprentice 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 specifled 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 worts 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 FOP UNPAID WAGE5: The awarding agency shall upon its own action or upon written request of an authorized representative of the ❑OL 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. ffEXI6IT�.PAGE=LkCF,� 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 Ilable 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 subcontractso 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 maintalned 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)(13) 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 wrltten 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 he maintained. This information may be submitted In any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the superintendent of Documents (Federal stock number 029-005-0014-1), U,S. Government Printing Office, Washington D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: That the payroll for the payroll period contains the information required to be maintained and that such information is correct and complete; That such laborer or mechanic employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or Indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; That each laborer or mechanic has been paid not less than the applicable wage rate and fringe benefits or cash equivalent for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance". 1❑ EXHIBIT <-w PAGZOF�� E...— Required Contract Provisions Federally -Assisted Construction Contracts SECTION 4 Health and Safe SAFMAND 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 rea=2bly necessary to protect the life and health of employees an the job and the safety of the public and to protect property In connection with the performance of the work covered by the contract. it is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into Pursuant to this contract. that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work In surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 2926) promulgated by the Secret ! Secretary of Labor, in accordance with Section 107 of the Contra Hours and Safety Standards Act (40 U.S.C. 3333). Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any Site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 . f he Contract Work Hours and.Safety Standards Act (40 Us. ) IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT: (Applicable to all Federally assisted construction contracts and to all related subcontracts of $100,000 or more.) By submisslon 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 US.C. 1857 e_t sea., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, a"s amended (33 U.S.C. 1251 et se ., as amended by Pub.L. 92-5001, Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U. S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. That the firm agrees to comply and remain in compliance with all the requirements of Section lid of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. That the firm Shall promptly notify the awarding agency of the receipt of any communication from the Director, Office of Federal Activities, EPA, Indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. That the firm agrees to include or cause to be Included -the requirements of this Section in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements, EXHIBIT y„_ PAGE �OF� Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Office of Labor Relations Applicability The Project or Program to which the construction work covered by this contract pertains Is being assisted by the United States of America and the following Federal Labor Standards Provisions are included In this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (1) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained In the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1 )(iv); also, regular contributions made or costs Incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed' to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits an 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)(f)(ii) and the Davis -Bacon poster (WH- 1321) shall be posted at all times by the contractor and its subcontractors at the site of the work In a promInent and accessible, place where it can be easily seen by the workers. (11) taj 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 bana 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 1216- 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 1 2 t 5-O'140.) (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 an which work Is performed In the classification. - (1Il) 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. (lv)' If the contractor does not make payments to a trustee or other third persgn, the contractor may consider as part form HU04010 (06f2009) Previous editions are obsolete Page i of 5 ref. Handboak 1344.1 EXHIBIT �a YAGE -1-0F._a,_ 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 Number 1215-0140.) 2. Withholding. HUD or Its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to ❑avls-Bacon prevailing wage requirements, whlch.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, tralnees 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 an the site of the work, all or part of the wages requited 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 tc the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due, The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3. (I) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates or wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described A t chit and communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost Incurred In providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed In the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (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 Include an Individually Identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll Information may be submitted In any form desired. Optional Form WH-347 Is available for this purpose from the Wage and Hour Division Web site at http.-&www dol.. oyJese whdfformslwb3471ns#r.htM or its successor alte. 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 ❑ivlslon of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It Is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for Its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number in Section l(b)(2j(B) of the Davis -bacon to), y t295-O'149.) 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 Compllance," signed by the contractor or found under 29 CFR 5.5 (a)(1)(Iv) that the wages of any subcontractor or his or her agent who pays or supervises laborer or mechanic Include the amount of any costs the payment of the persons employed under the contract reasonably anticipated In providing benefits under a plan and shall certify the following: or program described in Section l(b)(2)(B) of the Davis- (1) That the payroll for the payroll period contains the Bacon Act, the contractor shall maintain records which Information required to be provided under 29 CFR 5.5 show that the commitment to provide such benefits is (a)(3)(I1), the appropriate Information Is being maintained enforceable, that the plan or program Is financially under 29 CFR 5.5(s)(3)(I), and that such Information Is responsible, end that the plan or program has been correct and complete; Previous editions are obsolete form HUD-4010 (0612009) Page 2 of 5 ref. Handbook 1344.1 EXHIBIT f� PAGE,�,_,OF� (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned other than permissible deductions as set forth In 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination Incorporated Into the contract. (c) The weekly submission of a properly executed certification set forth an the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the 'Statement of Compliance" required by subparagraph A.3.(I1)(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 IS and Section 231 of TRIO 31 of the United States Code. (Ili) The contractor or subcontractor shall make the records required under subparagraph A.3.(i) available for Inspection, copying, or transcription by authorized representatives of HUD or Its designee or the Department of Labor, and shall permit such representatives to Interview employees during working hours bn the job. If the contractor or subcontractor falls 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 farther payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4, Apprentices and Trainees. (1) App,rentices. Apprentices Will be permitted to work at less than the predetermined rate for the work they performed when that' 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 91) days of probationary empiayment 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 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 fisted on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid In accordance with that determination. In the event the office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an. apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program Is approved. (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 s program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the tralnee's level of progress, expressed as a percentage of the journeyman hourly rate specified In the appllcable wage determination. Trainees shall be paid fringe benefits In accordance with the provisions of the trainee program. if the trainee program does not mentlon 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 ice a rate, who registered and participating In a training plan approved by worker listed on a payroll at an apprentwags 9 form HUD-4010 (0612009) Previous editions are obsolete Page 3 of 5 ref. Handbook 1344.1 EXHIBIT -Vw, PAGE O�;4j- the Employment and Training Administration shall be paid not less than the applicable wage rate an the wage determination for the work actually performed. In addition, any trainee performing work on the job site In excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (111) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be In conformlty with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract 6. Subcontracts. The contractor or subcontractor will Insert in any subcontracts the clauses contained In subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or its designee may by appropriate instructions requIre, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower liar subcontractor with all the contract clauses In this paragraph. 7, Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.6 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-Bacen and Related Act Requirements. All rulings and Interpretations of the Davis -Bacon and Related Acts contained In 29 CFR Parts 1, 3, and 5 are hereln 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. io. (1) Certification of Eligibility. By entering into this contract the contractor certifles that neither it (nor he or she) nor any person or firm who has an Interest In the contractor's firm is a person or firm Ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act , or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate In HUD programs pursuant to 24 CFR Part 24. (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(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. (Ill) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Sectlon 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 $6,D00 or Imprisoned not more than two years, or both.' 11. CompIaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or- other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be Instituted any proceeding or has testified or is about to testify In any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph 8 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 sot forth In subparagraph (1 ) of this paragraph, In the sum of $10 for each calendar day on which such individual was required or permitted to work In excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth In sub paragraph (1) of this paragraph. form HUD-41110 (06/2009) Previous edillons are obsolete Page 4 of 5 ref. Handbook 1344.1 EXHIBIT PAGE 4 -OF ___ r (3) Withholding for unpaid wages and liquidated damages, HUD or Its designee shall upon Its own action or upon written request of an authorized representative Of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor ender 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 ba responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth In subparagraphs (1) through -(4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contmet exceeds $100,060. (4) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by reg ula lion, (2) The Contractor shall comply with all regulations Issued by the Secretary of Labor pursuant tolmltle 29 Part �1926 and failure to comply may result In psit on of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Pubilc Law 91-54, 83 Stat 96). ,40 MQ M'i et sea. (3) The contractor shall include the provisions of this paragraph In every subcontract so that such provisions 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. form HUD-4010 (0612009) previous editions are obsolete page 5 of 5 ref. Handbook 1344.1 KEXIBIT-V,-PAGE '�OF�