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Home My Public Portal About129-2020 - I&D - Whisenhunt Construction - ADA Upgrades to City BuildingAGREEMENT THIS AGREEMENT made and entered into this day of , 2020, and referred to as Contract No. 129-2020 by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Public Works and Safety (hereinafter referred to as the "City") and Whisenhunt Construction, Inc., 645 Indiana Avenue, Richmond, Indiana, 47374 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK 1 City hereby retains Contractor to perform services in connection with restroom and door renovations to be completed in and for the City's Municipal Building located at 50 North 5' Street for the City of Richmond, Indiana, which construction and renovations shall be in accordance with the September of 2020 drawings and specifications prepared by Maze Design, Inc. (the Project"). Contractor agrees to abide by the same. Said Project is a CARES Act funded project in response to the COVID-10 pandemic. Contractor shall comply with all applicable federal requirements and guidelines as explained below. Bid Specifications dated September 18, 2020, have been made available for inspection by Contractor, are on file in the office of the Fire Department and the office of the Director of Purchasing for the City of Richmond, and are hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. Portions of the response of Contractor to said Request for Responses dated October 8, 2020, is attached hereto as Exhibit A, which Exhibit consists of seven (7) pages, and is also hereby incorporated by reference and made a part of this Agreement. The Davis -Bacon wage scale (General Decision: IN 20190004 9/18/2020) is attached hereto as Exhibit B, consists of sixteen (16) pages, and is hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. Federal Construction Contract Provisions — Community Development Block Grant Program, consists of thirty-five (35) pages, which provisions are attached as "Exhibit C" and incorporated . by reference. Contractor agrees to abide by the same. Should any provisions, terms, or conditions contained in the required federal provisions (Exhibit C) conflict with this Agreement, the required federal provisions shall control. Contractor shall require the applicable required federal provisions within Exhibit C to be incorporated into and made a part of every nonexempt subcontract, and Contractor further agrees to take such action as the government may direct as a means of enforcing such requirements. Contract No.129-2020 Page 1 of 7 The Contractor shall furnish all labor, material, equipment, and services necessary which are incidental to the proper completion of all work specified. No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance and/or warranties; 2. The City is in receipt of any required affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7-11(a)(2);and 3. A purchase order has been issued by the Purchasing Department. 4. The Contractor is in receipt of conformed set of construction drawings that reflect all accepted alternates and the conformed set of construction drawings shall be accompanied by a bulletin that summarizes the accepted alternates. SECTION II. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. The Contractor shall provide, at its own expense, competent supervision of the work. - SECTION III. COMPENSATION City shall pay Contractor an amount not to exceed the total amount of One Hundred Fifty-eight Thousand Four Hundred Dollars and Zero Cents ($158,400.00) for complete and satisfactory performance of the work required hereunder. SECTION 1V. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until satisfactory completion of the Project, which completion is anticipated to be no later than December 31, 2020. Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, for cause, at any time by giving at least five (5) working days written notice specifying the effective date and the reasons for termination which shall include but not be limited to the following: a. failure, for any reason of the Contractor to fulfill in a timely and proper manner its obligations under this Agreement; b. submission by the Contractor to the City of reports that are incorrect or incomplete in any material respect; Page 2 of 7 c. ineffective or improper use of funds provided under this Agreement; d. suspension or termination of the grant funding to the City under which this Agreement is made; or e. unavailability of sufficient funds to make payment on this Agreement. In the event of such termination, the City shall be required to make payment for all work performed prior to the effective date by Contractor, less any professional fees incurred in the process of termination, but shall be relieved of any other responsibility herein. This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties by setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. This Agreement may also be terminated by the City if a force-maj eure event occurs and the results or aftereffects of said event causes the performance of this Agreement to become impossible or highly impracticable. Said event or results or aftereffects of said event would include events or effects which the parties to this Agreement could not have anticipated or controlled. Examples of a force-maj eure event, or its results, would include, but would not be limited to, events such as an Act of God, an Act of Nature, an Act of Law, or an Emergency Act of Executive Enforcement of the Federal government, the State of Indiana, or local government. SECTION V. INDEMNIFICATION AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the Contractor's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of or result from the Contractor's operations under this Agreement, whether such operations by the Contractor or by any sub -contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. Coverage Limits A. Worker's Compensation & Statutory Disability Requirements B. Employer's Liability Page 3 of 7 $100,000 C. E Comprehensive General Liability Section 1. Bodily Injury Section 2. Property Damage Comprehensive Auto Liability Section 1. Bodily Injury Section 2. Property Damage $1,000,000 each occurrence $2,000,000 aggregate $1,000,000 each occurrence $1,000,000 each person $1,000,000 each occurrence $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $2,000,000 each aggregate SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall, before commencing work under this Agreement, provide the City a certificate of insurance, or a certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore subject to another state's worker's compensation law, Contractor may choose to comply with all provisions of its home state's worker's compensation law and provide the City proof of such compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law. SECTION VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property, the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for actual damages. Page 4 of 7 SECTION IX. IRAN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in investment activities in Iran. In the event City determines during the course of this Agreement that this certification is no longer valid, City shall notify Contractor in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the event the City determines during the course of this Agreement that this certification is no longer valid and said determination is not refitted by Contractor in the manner set forth in IC 5- 22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. SECTION X. PROHIBITION AGAINST DISCRIMINATION A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting on behalf of Contractor or any sub -contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees: 1. That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person acting on behalf of Contractor or any sub -contractor, shall not discriminate by reason of race, religion, color, sex, national origin or ancestry against any citizen of the State of Indiana who is qualified and available to perform the work to which the employment relates; 2. That Contractor, any sub -contractor, or any person acting on behalf of Contractor or any sub -contractor shall in no manner discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, religion, color, sex, national origin or ancestry; 3. That there may be deducted from the amount payable to Contractor by the City under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; and Page 5 of 7 4. That this Agreement may be canceled or terminated by the City and all monies due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement. C. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. SECTION XI. RELEASE OF LIABILITY Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents of the same from all liability for negligence which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. The acceptance by the Contractor of final payment shall further constitute a release of the property owners and the Project Architect from all uninsured liability for all things done or furnished in connection with the work and for every uninsured act of omission or neglect by the property owners and Project Architect relating to or arising out of the work. The Contractor, before final payment, shall also execute and -deliver a general release to the Project Architect of all liability as set forth in the preceding sentence. SECTION XII. MISCELLANEOUS This Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. It shall be controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It constitutes the entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and suit arising under this Contract, if any, must be filed in said courts. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in said Courts. Any person executing this Contract in a representative capacity hereby warrants that he has been duly authorized by his or her principal to execute this Contract. In the event of any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be liable for all costs incurred by City due to the enforcement of this Agreement, including but not limited to City's reasonable attorney's fees, whether or not suit is filed. Page 6 of 7 In the event that an ambiguity or question of intent or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any parry by virtue of the authorship of any of the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be. affixed on different dates. "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board of Public Works and Safety � a Vicki Robinson, Preside nt y: Emil Palmer, Member By: Matt Evans, Member "CONTRACTOR" WHISENHUNT CONSTRUCTION, INC. 645 Indiana Avenue Richmond, Indiana, 47374 Printed: % P� Title: APPROVED: i te: o • 0 �o Snow, ayor Date: © / fioz-o Page 7 of 7 i 0 0 N N y I `o U f6 C O U y N 'O Q I ow U) U W O y n Y ry O U m LL O a� LL U Q State Form 52414 Prescribed by State Board of Accounts Form No. 96 (Revised 2005) CONTRACTOR'S BID FOR PUBLIC WORK - FORM 96 PART (To be completed for all bids. Please type or print) Date:10-8-2020 1. Governmental Unit (Owner): City of Richmond 2. County: Wayne 3. Bidder (Firm): Whisenhunt Construction, Inc Address: 645 Indiana Ave City/State: Richmond, IN 4. Telephone Number: 765-966-6421 5. Agent of Bidder (if applicable): Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete the public works project of City Building Restroom and Door Renovation (Governmental Unit) in accordance with plans and specifications prepared by Maze Design, Inc. and dated 9-18-2020 for the sum of The' undersigned further agrees to furnish a bond or certified check with this bid for an amount specified in the notice of the letting. If alternative bids apply, the undersigned submits a proposal for each in accordance with the notice. Any addendums attached will be specifically referenced at the applicable page. If additional units of material included in the contract are needed, the cost of units must be the same as that shown in the original contract if accepted by the governmental unit. If the bid is to be awarded on a unit basis, the itemization of the units shall be shown on a separate attachment. The contractor and his subcontractors, if any, shall not discriminate against or intimidate any employee, or applicant for employment, to be employed in the performance of this contract, with respect to any matter directly or indirectly related to employment because of race, religion, color, sex, national origin or ancestry. Breach of this covenant may be regarded as a material breach of the contract. CERTIFICATION OF USE OF UNITED STATES STEEL PRODUCTS (If applicable) I, the undersigned bidder or agent as a contractor on a public works project, understand my statutory obligation to use steel products made in the United States (I.C. 5-16-8-2). 1 hereby certify that I and all subcontractors employed by me for this project will use U.S. steel products on this project if awarded. I understand that violations hereunder may result in forfeiture of contractual payments. ACCEPTANCE The above bid is accepted this day of , subject to the following conditions: Contracting Authority Members: PART II (For projects of $100,000 or more — IC 36-1-12-4) Governmental Unit: City of Richmond Bidder (Firm) Whisenhunt Construction, Inc Date: 10-8-2020 These statements to be submitted under oath by each bidder with and as a part of his bid. Attach additional pages for each section as needed. SECTION I EXPERIENCE QUESTIONNAIRE What public works projects has your organization completed for the period of one (1) year prior to the date of the current bid? Contract Amount Class of Work Completion Date Name and Address of Owner $453,845 Renovation Dec 2019 Wayne County Jail, Richmond, IN What public works projects are now in process of construction by your organization? Contract Amount Class of Work Expected Completion Date Name and Address of Owner $299,500 Renovation October 2020 City of Richmond Fire Dept $960,000 New Construction December 2020 Northeastern Wayne School Corp F M 3 -- 7 .� 3. Have you ever failed to complete any work awarded to you? No If so, where and why? 4. List references from private firms for which you have performed work. Jeff Carter, Bethany Theological Seminary, Richmond, Indiana 765-983-1800 Rick Parker, Miami Univ & Community Federal Credit Union, Oxford, Ohio 513-523-4700 SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE 1. Explain your plan or layout for performing proposed work. (Examples could include a narrative of when you could begin work, complete the project, number of workers, etc. and any other information which you believe would enable the governmental unit to consider your bid.) 2. Please list the names and addresses of all subcontractors (i.e. persons or firms outside your own firm who have performed part of the work) that you have used on public works projects during the past five (5) years along with a brief description of the work done by each subcontractor. 3. If you intend to sublet any portion of the work, state the name and address of each subcontractor, equipment to be used by the subcontractor, and whether you will require a bond. However, if you are unable to currently provide a listing, please understand a listing must be provided prior to contract approval. Until the completion of the proposed project, you are under a continuing obligation to immediately notify the governmental unit in the event that you subsequently determine that you will use a subcontractor on the proposed project. 4. What equipment do you have available to use for the proposed project? Any equipment to be used by subcontractors may also be required to be listed by the governmental unit. 5. Have you entered into contracts or received offers for all materials which substantiate the prices used in preparing your proposal? If not, please explain the rationale used which would corroborate the prices listed. SECTION III CONTRACTOR'S FINANCIAL STATEMENT Attachment of bidder's financial statement is mandatory. Any bid. submitted without said financial statement as required by statute shall thereby be rendered invalid. The financial statement provided hereunder to the governing body awarding the contract must be specific enough in detail so that said governing body can make a proper determination of the bidder's capability for completing the project if awarded. SECTION IV CONTRACTOR'S NON — COLLUSION AFFIDAVIT The undersigned bidder or agent, being duly sworn on oath, says that he has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to include anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. He further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale. SECTION V OATH AND AFFIRMATION I HEREBY AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FACTS AND INFORMATION CONTAINED IN THE FOREGOING BID FOR PUBLIC WORKS ARE TRUE AND CORRECT. Dated at this 8th Whisenhunt Construction, Inc day of October , 2020 (Name of By Brian Ballenger _Y:�s---- President (Title of Person Signing) ACKNOWLEDGEMENT STATE OF Indiana t ��ti��i�rrrrr♦ F ��t ��K19AJ. COUNTY OF Wayne SEAL — My Comm. Expmes — Before me, a Notary Public, personally appeared the above -named Brian Ballenger 10ay 16.2025 and swore that the statements contained in the foregoing document are true and correct. dF 8th October Subscribed and sworn to before me this day of , 2020 rrrr114IL _&hdA Notary Public My Commission Expires: 5/16/25 County of Residence: Wayne 2042-1 09/2020 BID FORM 96 Supplement BID TO: City of Richmond, Indiana Richmond, Indiana 47374 BID FROM: Whisenhunt Construction, Inc Address 645 Indiana Ave City / State Richmond, IN Telephone No. 765-966-6421 BID FOR: City Building Restroom and Door Renovation Richmond, Indiana 47374 PROJECT 2042-1 The Undersigned, having visited the site of proposed construction of this project, and having familiarized himself with local conditions affecting the cost of the Work and with all requirements of the Contract Documents and Addenda thereto as prepared by Maze Design, Inc., hereby offers to furnish all labor and materials required by the Contract Documents and Addenda thereto for the completion of the Contracts below for which an amount is provided: Base Bid S, x-ff SZy, tkL-4-..-e.1 Dollars ($ (--dj E 6C>D Rest -room Work New automatic controls per plans New toilet room accessories per plans. New watercoolers per plans. Completed by 1213112020 Add Alternate #1 Dollars ($ New Aluminum Entrances per plans Completed by 1213112020 ADDENDA RECEIVED Receipt of Addendum Nos. acknowledged. is hereby BID FORM 96 SUPPLEMENT 00300 - 1 2042-1 09/2020 BID ACCEPTANCE If written notice of the acceptance of this Bid is received by the Undersigned within 30 days after the date for opening of Bids or any time thereafter before this Bid is withdrawn, the Undersigned will, execute the required Agreement and furnish Performance and Payment Bonds in accordance with the Contract Documents and Bid as accepted. If Bidder is an individual complete the blanks in the roiiowing oox. IN TESTIMONY WHEREOF, the Bidder (an individual) has hereunto set his hand this day of 20 Individual If Bidder is a partnership complete the blanks in the following box. IN TESTIMONY WHEREOF, the Bidder (a Partnership) have hereunto set their hands this day of 20 Name of Partnership Name of Partners If Bidder is a Corporation complete the blanks in the following box. IN TESTIMONY WHEREOF, the Bidder (a Corporation) has caused this Bid to be signed by its President and Secretary and affixed its Corporate Seal this 8th day of October 2020 Name of Corporation BCR, Inc. dba Whisenhunt Construction, Inc. President Brian Ballenger SecretarySandra Ballen er 9 BID FORM 96 SUPPLEMENT 00300 - 2 "General Decision Number: IN20200004 09/18/2020 Superseded General Decision Number: IN20190004 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 (ED) 13658, an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 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 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate,if it is higher than the conformed wage rate). 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 01/03/2020 1 01/24/2020 2 02/14/2020 3 04/03/2020 4 05/01/2020 5 05/15/2020 6 06/05/2020 7 06/12/2020 8 06/26/2020 9 07/03/2020 10 07/10/2020 11 08/07/2020 12 08/14/2020 13 09/04/2020 14 09/11/2020 15 09/18/2020 ASBEOOOB-004 03/01/2020 DEARBORN, FAYETTE, FRANKLIN, OHIO, RIPLEY SWITZERLAND AND UNION COUNTIES Rates Fringes Asbestos Workers/Insulator (Includes application of all insulating materials, protective coverings, coatings & finishings to all types of mechanical systems) ..... $ 30.07 18.75 HAZARDOUS MATERIAL HANDLER (Includes preparation, wettings, stripping, removal, scrapping, vacuuming, bagging TT. & disposing of all insulation materials, whether they =...'+%•'-: __ 1--- -'u contain asbestos or not, from t-- mechanical systems) ..............$ 25.00 13.70 ---------------------------------------------------------------- ASBE0018-001 06/01/2019 BROWN, DECATUR, HENRY AND RUSH COUNTIES Rates Fringes ASBESTOS WORKER/HEAT & FROST INSULATOR (includes application of all insulating materials protective coverings, coatings and finishes to all types of mechancial systems) ..............$ 32.20 21.38 HAZARDOUS MATERIAL HANDLER (includes preparation, wettings, stripping, removal, scrapping, vacuuming, bagging & disposing of all insulation materials, whether they contain asbestos or not, from mechanical systems) ..............$ 23.00 14.40 ASBE0051-005 03/01/2020 CLARK, FLOYD, HARRISON, and JENNINGS Counties Rates Fringes ASBESTOS WORKER/HEAT & FROST INSULATOR (Includes application of all insulating materials, protective coverings, coatings and finishings to all types of mechanical systems) ..............$ 25.81 17.19 HAZARDOUS MATERIAL HANDLER (includes preparation, wettings, stripping, removal, scrapping, vaccuming, bagging & disposing of all insulation materials, whether they contain asbestos or not, from mechanical systems) ..............$ 19.80 13.30 ASBEG079-002 07/01/2017 RANDOLPH AND WAYNE COUNTIES Rates Fringes ASBESTOS WORKER/HEAT & FROST INSULATOR (Includes application of all insulating materials, protective coverings, coatings & finishings to all types of mechanical systems) ..............$ 22.25 8.89 HAZARDOUS MATERIAL HANDLER (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging & disposing of all insulation materials, whether they contain asbestos or not, from mechanical systems)) .............$ 25.00 13.70 BOILOIOS-002 01/01/2013 DEARBORN and SWITZERLAND COUNTIES Rates Fringes BOILERMAKER ......................$ 33.76 24.45 BOIL0374-001 03/01/2018 REMAINING COUNTIES Rates Fringes BOILERMAKER ......................$ 37.22 27.65 ---------------------------------------------------------------- BRIN0004-019 06/01/2019 LOUISVILLE CLARK, FLOYD AND HARRISON COUNTIES Rates Fringes BRICKLAYER .......................$ 28.00 13.92 Marble, Tile Layer & Terrazzo Worker ...........................$ 22.64 6.05 TILE FINISHER ....................$ 15.42 5.37 BRIN0004-022 06/01/2019 BROWN, DEARBORN, DECATUR, ]ENNINGS,OHIO, RIPLEY and SWITZERLAND COUNTIES Rates Fringes Bricklayer, Stonemason ........... $ 29.01 14.32 TERRAZZO FINISHER ................$ 20.23 10.26 TERRAZZO WORKER/SETTER ........... $ 32.27 14.02 Tile & Marble Finisher ........... $ 21.02 9.37 Tile & Marble Setter; Mosaic Worker ...........................$ 31.61 13.92 BRIN0019-002 06/01/2019 MUNCIE FAYETTE, FRANKLIN, HENRY, RANDOLPH, RUSH, UNION and WAYNE COUNTIES Rates Fringes Bricklayer, Stonemason, Pointer, Caulker & Cleaner ....... $ 30.78 16.07 TERRAZZO FINISHER ................$ 20.23 10.26 TERRAZZO WORKER/SETTER ........... $ 32.27 14.02 Tile & Marble Finisher ........... $ 21.02 9.37 Tile & Marble Setter; Mosaic Worker ...........................$ 31.61 13.92 CARP0002-021 04/01/2020 DEARBORN, JENNINGS, OHIO, RIPLEY AND SWITZERLAND COUNTIES Rates Fringes CARPENTER Carpenter ...................$ 27.06 21.77 Piledriver ..................$ 28.06 21.77 ---------------------------------------------------------------- CARP0104-001 06/01/2020 FAYETTE, HENRY, RANDOLPH, UNION AND WAYNE COUNTIES Rates Fringes Carpenters: Carpenters, Drywall Installers, Piledrivers ..... $ 30.10 21.52 Millwright ..................$ 30.02 23.40 Soft Floor Layers ........... $ 28.85 18.63 ------------------------------------------------------------- CARP0175-002 04/01/2020 CLARKE, FLOYD AND HARRISON COUNTIES Rates Fringes CARPENTER Carpenter ...................$ 26.01 22.26 Piledriver ..................$ 27.01 22.26 ------------------------------------------------------------- -- l{ CARP0999-009 06/01/2018 e' r, : �Q ;:= 3 1 CLARK, FLOYD, AND HARRISION COUNTIES Rates Fringes MILLWRIGHT .......................$ 27.45 23.34 ---------------------------------------------------------------- CARP1080-003 06/01/2020 DEARBORN, JENNINGS, OHIO, RIPLEY AND SWITZERLAND COUNTIES Rates Fringes MILLWRIGHT .......................$ 30.02 23.40 ---------------------------------------------------------------- CARP1775-001 06/01/2020 BROWN, DECATUR, FRANKLIN AND RUSH COUNTIES Rates Frinees Carpenters: Carpenters, Drywall Installers, Piledrivers ..... $ 28.91 21.52 Millwright ..................$ 30.02 23.40 Soft Floor Layers ........... $ 28.85 18.63 ---------------------------------------------------------------- ELECO071-006 01/02/2019 - DEARBORN, OHIO, and SWTTZERLAND COUNTIES Rates Frinees Line Construction: Equipment Operator ........... $ 33.62 13.46 Groundman...................$ 24.17 11.39 Lineman & Cable Splicers .... $ 38.27 14.48 ---------------------------------------------------------------- ELECO212-009 06/03/2019 DEARBORN, OHIO, and SWITZERLAND COUNTIES Rates Fringes ELECTRICIAN ......................$ 31.30 19.72 ---------------------------------------------------------------- ELEC0369-009 05/29/2019 CLARK, FLOYD, and HARRISON COUNTIES Rates Fringes ELECTRICIAN ......................$ 32.44 17.22 Line Construction: Groundman...................$ 13.83 6.35 Lineman; Equipment Operator.$ 22.25 6.35 ---------------------------------------------------------------- ELEC0481-002 05/27/2019 DECATUR, JENNINGS, RIPLEY AND RUSH COUNTIES Rates Fringes ELECTRICIAN ......................$ 34.85 23.03 ---------------------------------------------------------------- ELEC0725-001 03/01/2018 BROWN COUNTY Rates Fringes ELECTRICIAN ......................$ 36.22 19.14 ---------------------------------------------------------------- ELEC0725-008 06/01/2018 BROWN COUNTY Rates Fringes 77. Communication Technician ......... $ 28.10 13.68 Includes the installation, operation, inspection, maintenance, repair and service of radio, television, recording, voice sound and vision production and reproduction apparatus, equipment and appliances used for domestic, commercial, education, entertainment and private telephone sytems. ---------------------------------------------------------------- ELEC0855-001 06/01/2019 FAYETTE, FRANKLIN, HENRY, RANDOLPH, UNION AND WAYNE COUNTIES Rates Fringes ELECTRICIAN ......................$ 32.76 17.40 ---------------------------------------------------------------- ELEV0034-001 01/01/2020 Rates Fringes ELEVATOR MECHANIC ................$ 49.57 34.765+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. ENGIO103-006 04/01/2016 FAYETTE, HENRY, RANDOLPH, RUSH, UNION, and WAYNE COUNTIES Rates Fringes Power equipment operators: GROUP 1.....................$ 34.80 15.13 GROUP 2.....................$ 33.8S 15.13 GROUP 3.....................$ 29.80 15.13 GROUP 4.....................$ 26.10 15.13 POWER EQUIPMENT OPERATORS GROUP 1: Air Compressor (pressurizing Shafts, tunnels & drivers) Air Tugger; Auto Patrol; Back Filler; Back Hoe; Boom Cat; Boring Machine; Bull Dozer; Caisson Drilling Machine; Cherry Picker; Compactor (with dozer blade); Concrete Mixer (dual drum); Concrete plant; Concrete Pump; Crane with all attachments; Crane- Electric overhead; Derrick; Ditching Machine (18' and over); Dredge; Elevators (when hoisting material or tools); Fork Lift (machinery); Formless Paver; Generator (power for welders of compressor); Gradall; Helicopter; Helicopter Winch Operator; High Lift -Front End Loader; Hoist -Material and/or Personnel over 3 Floors; Locomotive; Mechanic on job site; Mucking Machine; Panel Board Concrete Plant; Pile Driver; Push Cat; Scoop & Tractor; Scraper -Rubber Tired; Spreader -Tractor Mounted; Straddle Carrier- Ross Type; Sub Base Finish Machine (C.M.I. or smiliar); Tower Crane; Tractor with Backhoe (over 1/2 yard); Welder (craft) GROUP 2: A Frame Truck; Batcher Plant (automatic dry batch); Bending Machine -Power Driven; Bituminous Mixer; Bituminous Paver; Bituminous Plant Engineer; Boatman; Bull Float; Compactor or Tamper -Self Propelled; Concrete Mixer (21 cu. ft. or over); Concrete Spreader -Power Driven; Dinkey Engine; Ditching Machine; Ditching Machine (less than 18""); Drilling Machine; Finish Machine & Bull Float; Finishing Machine; Fireman -Pile Driving and Boilers; Fork Lift -Masonry & Material; Gunite Machine; Head Greaser; Hoist -Material and/or personnel 3 floors and under; Mechanic in shop; Mesh Depresser-Mesh Placer; P.C.C. Concrete Belt Placer; Ruller-Asphalt, stone & sub base; Sheepsfoot Roller- Self Propelled; Shop Mule; Spreader or Base Paver -Self Propelled; Sub Grader; Throttle valve with air compressor or boiler; Tractor with Backhoe (1/2 yard & under); Tractor -high lift -farm type; Tractor -Industrial Type; Tractor with Winch; Well Points; Winch Trick GROUP 3: Air Compressor (210 cu. ft. & over); bituminous Distributor; Chair Cart; Concrete Curing Machine; Concrete Saw; Dope Pot Power Agitated; Flex Plane; Form Grader; Hydrohammer; Jacks -Hydraulic -Power Driven; Minor Equipment opr. 3,4, or 5; Paving Joint Machine; Post Hole Digger; Roller -Earth; Throttle Valve; Track Jack -Power Driven; Tractor -Farm Type; Truck Crane Driver GROUP 4: Air Compressor (less than 210 cu. ft.); Concrete Mixer (under 21cu. ft.); Conveyor; Generator; Mechanical Heater; Oiler; Operator-2 pieces of miner equipment; Power Broom; Pump; Welding Machine ---------------------------------------------------------------- ENGIO181-012 04/01/2020 BROWN, CLARK, DEARBORN, DECATUR, FLOYD, FRANKLIN, HARRISON, JENNINGS, OHIO, RIPLEY, and SWITZERLAND COUNTIES Rates Fringes Power equipment operators: GROUP A .....................$ 35.43 17.25 GROUP B.....................$ 27.30 17.25 POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP A: A -Frame Winch Truck, Articulating dump, autograde (CMI), auto patrol, ballast regulator (RR), batcher plant (electrical control concrete), bending machine (pipe), bituminous plant (engineer), bituminous plant, bituminous mixer travel plant, bituminous paver, bituminous roller, boring machine, buck hoist, bull dozer, cable way, Chicago boom, chimney hoist, clamshell concrete mixer (21 cu. ft. or over), concrete paver, concrete pump (crete), construction elevator (Allmac or similar) crane, craneman, crawler backhoe, crawler high -lift, crusher plant, derrick, derrick boat, dinkey, directional/boring machine, dope pots (pipeline), double drum tugger (electric or air), dragline, dredge operator, dredge engineer, drill operator, elevating grader, extendable boom forklift, formless paver, gantry creane, Bator (or similar type tiller), gradeall, grader, grademan, greaser (on grease facility servicing heavy equipment), G.P.S System (on equipment within the classifications), grout pump, head greaser, helicopter crew, Hetherington paver, hoist (motroized, gas or disel), hydraulic crane, hydro blaster, Industrial type forklift (over 9,900 lbs), laser concrete screed, laser or remote controlled equipment (within the classifications), locomotive crane, locomotive, mechanic, mobile mixer, motor crane, mucking machine, multiple tamping machine (RR) overhead crane, pile driver, pulls push dozer, push boats, roller (sheep foot), rough terrain crane, R.T. backhoe, R.T. endloader, Ross carrier, scoop, shovel, side boom, skidsteer loader (bobcat or similar type), swing crane, tail boom, tar machine (pipeline), tower crane, trench machine, welder (heavy duty), truck mounted concrete pump, truck -mounted drill, vacuum truck, well point, whirleys. GROUP B: Air Compressor (1 or more, 600 cfm and over) air compressor with throttle valve, bituminous distributor, brakeman, bullfloat, cement gun, conrete mixer, concrete mixer, concrete saw, concrete spreader or puddlers, conveyor, deck hand oiler, deck engine, drill helper, earth roller, electric vibrator compactor (earth or rock), elevator (in -plant, automatic), finishing machine, fireman, form grader, generator, guard-rail dfriver, heater, oiler, Industrial type forklift (9,000 lbs and under), material pump, motor boats, paving joint machine, post hole digger, power broom, power traffic signals, rock roller, rocker spreader, Roller (earth or rock), spike machine (RR), steam jenny, sub grader, tamping machine, truck crane oiler, truck mounted drill oiler, Tugger (one -drum, air or electric) vibrator, vibro-piling hammer -hydraulic hammer or auger, water pump, widener (apsco or similar type) welding machine, JLG lifts and scissor lifts or similar machine. --------------------------------------------------------------- ---- — IRON0022-002 06 01 2020 (A�oV` (� BROWN, DECATUR (W 3/4), FAYETTE (W 1/2), FRANKLIN (NW TIP), yy— HENRY, JENNINGS (NW TIP), RANDOLPH (SW TIP), AND RUSH COUNTIES: Rates Fringes IRONWORKER .......................$ 33.79 23.10 The following holidays shall be observed: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the day after Thanksgiving and Christmas Day. Any holiday which occurs on a Sunday shall be observed the following Monday, unless the legal observance of these holidays is changed by law. ---------------------------------------------------------------- IRON0044-007 06/01/2020 DEARBORN, DECATUR (REMAINDER OF COUNTY), FAYETTE (SE CORNER), FRANKLIN (S. 3/4), OHIO, RIPLEY (REM. OF COUNTY), SWITZERLAND (REM. OF COUNTY), & JENNINGS (NE TIP) COUNTIES: Rates Fringes IRONWORKER Fence Erectors ..............$ 28.76 21.40 Structural & Ornamental ..... $ 30.47 21.20 ---------------------------------------------------------------- IRON0070-007 06/01/2019 CLARK, FLOYD, HARRISON, JENNINGS (S 2/3), SWITZERLAND (SW TIP), AND RIPLEY (SW TIP) COUNTIES Rates Fringes IRONWORKER .......................$ 29.68 22.75 ---------------------------------------------------------------- IRON0070-019 06/01/2019 DEARBORN, DECATUR (REM. OF COUNTY), FAYE17E (SE CORNER), FRANKLIN (S. 3/4), OHIO, RIPLEY (REM. OF COUNTY), SWITZERLAND (REM. OF COUNTY) and JENNINGS (NE TIP) COUNTIES Rates Fringes IRONWORKER, REINFORCING .......... $ 29.68 22.75 ---------------------------------------------------------------- IRON0147-003 06/01/2020 RANDOLPH COUNTY Rates Fringes IRONWORKER .......................$ 29.58 23.27 ---------------------------------------------------------------- IRON0290-003 06/01/2019 FAYETTE (REMAINDER OF COUNTY), RANDOLPH (S. PART OF COUNTY EXCLUDING WINCHESTER BUT INCLUDING UNION CITY) UNION AND WAYNE COUNTIES Rates Fringes IRONWORKER .......................$ 29.23 22.35 ---------------------------------------------------------------- LAB00741-002 06/01/2020 BROWN, DEARBORN, DECATUR, FRANKLIN, JENNINGS, OHIO, and RIPLEY COUNTIES Rates Fringes Laborers: GROUP 1.....................$ 23.13 16.00 GROUP 2.....................$ 23.88 16.00 IkeGROUP 3.....................$ 24.13 16.00 LABORERS CLASSIFICATIONS GROUP 1: Building and Construction Laborers; Scaffold Builders (other than for masons or plastersrs); Railroad Workers; Masonry Wall Washers (interior & exterior); Portable Water Pumps with Discharge up to 3 Inches; Handling of Creosote Lumber or Like Treated Material (excluding railroad material); Asphalt Rakers and Lutemen; Earth Compactors; Jackmen and Sheetmen working ditches deeper than six (6) feet in depth; Laborers in Ditches six (6) feet in depth or deeper; Assembly of Unicrete Pump; Tile Layers (sewer or field) and Sewer Pipe Layers (metallic or non-metallic); Motor driven wheelbarrows and concrete buggies; Hyster Operators; Pump Crete Assemblers; Core Drill Operators; Cement, Lime or Silica Clay Handler (bulk or bag); Handling of toxic material damaging to clothing; Pneumatic Spikers; Deck Engine and Winch Operators; Water main and cable ducking (metallic and non-metallic); Screed Man or Screw Operator on Asphalt Paver; Chain Saw and Demolition Saw Operators; Concrete Saw; Concrete Conveyor Assemblers; Applying of Curing Compound; Sinking of Wellpoints; Dewatering Header Systems. GROUP 2: Plaster Tenders; Mason Tenders; Mortar Mixers; Welders (acetylene or electric); Cutting Torch or Burner; Cement Nozzle Laborers; Cement Gun Operators; Scaffold Builders for Plasterers; Scaffold'Builders for Masons; Water Blast Machine Operators; Air Tool Operators and all Pneumatic Tool Operators; Air and Electric Vibrators and Chipping Hammer Operators; Asbestos Removal; Hazardous Waste Removal; All Boiler Setters Laborers, including Expediters, Bottom Men, Bell Men and Mason Tenders. GROUP 3: Dynamite Men, Drillers -air track or wagon drilling for explosives. LAB00795-001 06/01/2020 CLARK, FLOYD, HARRISON, and SWITZERLAND COUNTIES Rates Fringes Laborers: GROUP I .....................$ 20.90 16.35 GROUP 2.....................$ 21.40 16.35 GROUP 3.....................$ 21.90 16.35 LABORER CLASSIFICATIONS: GROUP 1: Building and Construction Laborers, Scaffold Builders (other than for Masons or Plasterers), Mechanic Tenders, Rodmen & Chainmen, Signalmen & Flagmen, Window Washers & Cleaners, Waterboys & Toolhousemen, Railroad Workers, Masonry Wall Washers (interior & Exterior), All Portable Water Pumps with Discharge up to three (3) inches, Waterproofing, Handling of creosote lumber or like treated Material (excluding Railroad Material), Asphalt Rakers & Luteman, Kettlemen, Air Tool Operators and all Pneumatic Tool Operators, Air and Electric Vibrators and Chipping Hammer Operators, Earth Compactors, Jackman & Sheetmen working Ditches Deeper Than Six (6) feet in depth, Laborers working Ditches Six (6) feet in Depth or Deeper, Assembly of Unicrete Pump, Tile Layers (sewer or field) & Sewer Pipe Layers (metallic or non- metallic), Motor Driven Wheelbarrows and Concrete Buggies Hyster Operators, Pump Crete Assemblers, Core Drill Operators, Cement, Lime or Silica Clay Handers (bulk or bag), Handling of Toxic Materials Damaging to Clothing, Pneumatic Spikers, Deck Engine & Winch Operators, Water Main & Cable Ducking (Metallic and Non -Metallic), Screed Man or Screw Operator on Asphalt Paver, Chain Saw and Demolition Saw Operators, Concrete Conveyor Assemblers, Asbestos Removal, Hazardous Waste Removal. GROUP 2: Plaster Tenders, Mason Tenders, Mortar Mixers, Welders (Acetylene or Electric), Cutting Torch or Burner, Cement Nozzle Laborers, Cement Gun Operators, Scaffold _ -- Builders when Working for Plasterers, Scaffold Builders �;-':(':•a -,,,. $ l lO When Working for Masons Water Blast Machine Operators. GROUP 3: Dynamite Men, Drillers -Air Track or Wagon Drilling for Explosives. ---------------------------------------------------------------- LABO1047-001 06/01/2020 FAYETTE, HENRY, RUSH, WAYNE, and UNION COUNTIES Rates Fringes Laborers: GROUP I .....................$ 21.93 16.00 GROUP 2.....................$ 22.68 16.00 GROUP 3.....................$ 22.93 16.00 LABORER CLASSIFICATIONS GROUP 1: Building and Construction Laborers; Scaffold Builders (other than for Masons or Plasterers); Mechanic Tenders; Civil Engineer Tenders and Surveyor tenders; Rodmen & Chainmen; Signalmen & Flagmen; Window Washers & Cleaners; Waterboys & Toolhousemen; Railroad Workers; Masonry Wall Washers (interior & exterior); Cement Finisher Helpers; All Portable Water Pumps with discharge up to three (3) inches, Waterproofing; Handling of Creosote Lumber or like treated material (excluding railroad material); Asphalt Rakers & Lutemen; Kettlemen; Air Tool Operators and all pneumatic tool operators, air and electric vibrators and chipping hammer operators); Earth Compactors; Jackmen & Sheetmen working ditches deeper than six (6) feet in depth; Laborers working ditches six (6) feet in depth or deeper; Assembly of Unicrete Pump; Tile Layers (sewer or field) & sewer pipe layers (metallic or non- metallic); Motor driven wheelbarrows and concrete buggies; Hyster Operators; Pump Crete Assemblers; Core Drill Operators; Cement, Lime or Silica Clay Handlers (bulk or bag); Handling of Toxic Materials Damaging to Clothing; Pneumatic Spikers; Deck Engine & Winch Operators; Water Main & Cable Ducking (metallic and non-metallic); Screed man or screw operator on asphalt paver; Chain saw and demolition saw operators; Concrete conveyor assemblers; Asbestos removal; Hazardous waste removal. GROUP 2: Plaster tenders; Mason tenders; Mortar mixers; Welders (acetylene or electric); Cutting torch or burner; Cement nozzle laborers; Cement gun operators; Scaffold builders when working for plasterers; Scaffold builders when working for masons; Water blast machine operators. GROUP 3: Dynamite men; Drillers -air track or wagon drilling for explosives. ---------------------------------------------------------------- LABO1112-002 06/01/2020, RANDOLPH COUNTY Rates Fringes Laborers: GROUP 1.....................$ 22.81 16.00 GROUP 2.....................$ 23.56 16.00 GROUP 3.....................$ 23.81 16.00 LABORER CLASSIFICATIONS GROUP 1: Building and construction laborers; scaffold builders (other than for masons of plasterers); mechanic tenders; window washers and cleaners; railroad workers; masonry wall washers; fortable water pumps with discharge up to 3 inches; signal & flag person GROUP 2: Waterproofing; hauling of creosote lumber or like treated material (excluding railroad material); asphlat rakers and lutemen; kettlemen; air tool operator; pneumatic tool operator; air & electric vibrators and chipping hammer operator; earth compactors; jackman & sheetmen in ditches — I� more than 6 feet deep; laborers in ditches 6' deep or _ deeper; assembly of unicrete pump; tile layers (sewer or -- — field); sewer pipe layers; motor- driven wheelbarrows and concrete buggies; hyster operator; pumperete assemblers; core drill operator; cement, lime or silica clay handlers; handling of toxic materials damaging to clothing; pneumatic spikers; deck engine & winch operator; water main & cable ducking; screed man or screw operator on asphalt paver; chain saw & demolition saw operator; concrete conveyor assembler; asbestos removal; hazardous waste removal GROUP 3: Plaster tenders; mortar mixers; welders (acetylene or electric); cutting torch or burner; cement nozzle laborers; cement gun operators; scaffold builders for plasterers; scaffold builders; water blast machine operator PAIN0012-006 05/01/2020 COMMERCIAL AND INDUSTRIAL DEARBORN, OHIO, RIPLEY AND SWITZERLAND COUNTIES: Rates Fringes PAINTER Bridges, Lead Abatement ..... $ 26.30 11.35 Brush & Roller, Paperhanger, Drywall Taping.$ 25.30 11.35 Sandblasting, Waterblasting.$ 26.05 11.35 Spray .......................$ 25.80 11.35 ---------------------------------------------------------------- PAIN0047-001 06/01/2020 BROWN, DECATUR AND JENNINGS COUNTIES Rates Fringes PAINTER Brush, Roller ................ $ 26.23 15.55 Spray and Sand -Blasting ..... $ 27.23 15.55 ---------------------------------------------------------------- PAIN0118-007 06/01/2020 CLARK, FLOYD-AND HARRISON COUNTIES Rates Fringes PAINTER Brush, Roller, Paperhanger, Spray, Sandblast & Waterblast...... $ 19.70 14.07 ---------------------------------------------------------------- PAIN0387-004 11/01/2017 DEARBORN, FRANKLIN, OHIO, RIPLEY, and SWITZERLAND COUNTIES Rates Fringes GLAZIER ..........................$ 26.00 14.15 ---------------------------------------------------------------- PAIN0669-002 05/01/2019 FAYETTE, FRANKLIN, HENRY, RANDOLPH, RUSH, UNION AND WAYNE Rates Fringes Painters: Brush; Roller; Paperhanging; Drywall Finishers ...................$ 20.50 13.69 Spray/Waterblasting; Sandblasting ................$ 21.50 13.69 ---------------------------------------------------------------- PAIN1165-008 07/01/2020 CLARK, FLOYD, HARRISON COUNTIES Rates Fringes GLAZIER ..........................$ 30.18 16.22 r I PAIN1165-015 07/01/2020 - F - BROWN, DECATUR, FAYETTE, HENRY, JENNINGS, RANDOLPH, RUSH, UNION, and WAYNE COUNTIES Rates Fringes GLAZIER ..........................$ 28.21 16.87 ---------------------------------------------------------------- PLAS0132-007 06/22/2018 DEARBORN, FRANKLIN (Southern half, south of a line running East and West established South of Brookville), OHIO, RIPLEY and SWITZERLAND COUNTIES Rates Fringes PLASTERER ........................$ 24.2S 14.65 ---------------------------------------------------------------- PLAS0692-003 06/01/2016 AREA #46 BROWN and CLARK COUNTIES Rates Fringes PLASTERER ........................$ 25.04 13.23 ---------------------------------------------------------------- PLAS0692-011 04/01/2020 AREA #83 DECATUR, FAYETTE, FRANKLIN, HENRY, RANDOLPH, RUSH, UNION and WAYNE COUNTIES Rates Fringes CEMENT MASON/CONCRETE FINISHER ... $ 26.00 15.54 PLASTERER ........................$ 25.49 11.95 ---------------------- 7----------------------------------------- PLAS0692-027 04/01/1020 AREA #566 CRAWFORD, DAVIESS, DUBOIS, GIBSON, HARRISON, KNOX, MARTIN, PERRY, PIKE, POSEY, SPENCER, VANDERBURGH and WARRICK COUNTIES Rates Fringes CEMENT MASON/CONCRETE FINISHER ... $ 28.30 18.31 ---------------------------------------------------------------- PLAS0692-033 05/01/2019 BROWN, CLARKE, DEARBORN, FLOYD, FRANKLIN (SOUTHERN 1/2), JENNINGS, OHIO, RIPLEY AND SWITZERLAND COUNTIES Rates Fringes CEMENT MASON/CONCRETE FINISHER AREA #821...................$ 24.58 14.99 ---------------------------------------------------------------- PLUM0136-002 07/61/2020 REMAINING COUNTIES Rates Fringes Plumbers and Pipefitters......... $ 37.72 19,76 ---------------------------------------------------------------- PLUM0392-006 06/01/2018 DEARBORN, OHIO, RIPLEY, AND SWITZERLAND COUNTIES Rates Fringes Plumbers and Pipefitters......... $ 32.01 19.67 ---------------------------------------------------------------- PLUM0440-004 06/01/2018 FAYETTE, FRANKLIN, HENRY, RANDOLPH, RUSH, UNION and WAYNE COUNTIES Rates Fringes Plumber and Steamfitter.......... $ 37.67 16.79 ---------------------------------------------------------------- PLUM0502-001 08/01/2016 CLARK, FLOYD AND HARRISON COUNTIES Rates Fringes PLUMBER/PIPEFITTER...............$ 32.00 20.13 ---------------------------------------------------------------- * ROOF0042-005 08/01/2020 DEARBORN, OHIO and RIPLEY COUNTIES Rates Fringes Roofers: Roofer ......................$ 28.45 17.05 ---------------------------------------------------------------- ROOF0075-001 05/01/2020 FAYETTE, RANDOLPH, UNION, and WAYNE Counties Rates Fringes ROOFER Composition .................$ 24.38 19.39 Slate & Tile ................$ 24.60 19.39 ---------------------------------------------------------------- ROOF0119-005 09/01/2020 Rates - Fringes ROOFER ...................... ..$ 27.05 11.50 ---------------------------------------------------------------- ROOF0147-003 04/01/2018 CLARK, FLOYD, HARRISON and SWITZEELAND COUNTIES Rates Fringes ROOFER ...........................$ 24.43 10.20 ---------------------------------------------------------------- SHEE0020-012 07/01/2019 BROWN, DECATUR, FAYETTE, FRANKLIN, HENRY, JENNINGS, RIPLEY, RUSH AND UNION Rates Fringes Sheet metal worker ...............$ 34.95 23.40 ---------------------------------------------------------------- SHEE0024-006 06/01/2015 RANDOLPH and WAYNE COUNTIES Rates Fringes Sheet metal worker ...............$ 26.27 20.74 ---------------------------------------------------------------- SHEE0024-612 06/01/2015 DEARBORN AND OHIO COUNTIES Rates Fringes Sheet metal worker ...............$ 26.27 20.74 ---------------------------------------------------------------- SHEE0110-007 12/01/2013 -- CLARK, FLOYD, HARRISON and SWITZERLAND COUNTIES Rates Fringes Sheet Metal Worker ...............$ 28.66 18.03 TEAM0135-002 04/01/2019 BROWN, CLARK, DEARBORN, DECATUR, FAYETTE, FLOYD, FRANKLIN, HENRY, 3ENNINGS, OHIO, RANDOLPH, RIPLEY, RUSH, SWITZERLAND, UNION, AND WAYNE COUNTIES Rates Fringes Truck drivers: GROUP 1.....................$ 29.60 A GROUP 2.....................$ 30.10 A GROUP 3.....................$ 30.30 A GROUP 4.....................$ 30.45 A GROUP 5.....................$ 30.95 A A: $36.40 PER DAY & 450.00 PER WEEK. TRUCK DRIVER CLASSIFICATIONS GROUP 1: Single Axle Trucks seven(7) cu.yds. or less than ten and one-half (10 1/2) tons, dumpsters, scoop -mobiles five (5) cu. yds. and under or less than seven and one-half (7 1/2) tons, mixer trucks'three (3) cu.yds. and under; air• compressors and welding machines, including those pulled by separate units, batch trucks - wet or dry - 2""34-E batches or less, truck driver helpers, warehousemen, mechanic's helpers, greasers and tiremen, all pick-up trucks and other vehicles. Drivers on dumpsters or similar dumpsters, mounted on a four (4) wheel truck rate two (2) cu.yds. or less and small pallet type fork-lift operator and drivers on pallet jacks or similar type equipment. GROUP 2: Drivers on tandem axle eighteen (18) cu.yds. or twenty-four (24) tons gross, six (6) wheel trucks, Koehring or similar dumpsters, tract trucks, Euclids, hug bottom dumps, tournapulls, tournatrailers, tournarockers, or similar equipment when used for transportation purposes under nine (9) cu.yds. or less than thirteen and one-half (13 1/2) tons, tandems and semi -trailer service trucks, mixer trucks over three (3) cu.yds. and including six and one-half (6 1/2) cu.yds., fork lift, four (4) wheel A frame trucks when used for transportation purposes, four (4) wheel winch trucks, pavement breakers, batch trucks -wet or dry -over 2 up to and including 4-"'34-E'" batches, two (2) men oil distributors, fork-lift under four (4) ton and vacuum trucks. GROUP 3: Koehring or similar dumpsters, tract trucks, sem-trailer water trucks, Euclids, hug bottom dumps, tournapulls, tournatrailers, tournarockers, tractor trailers, tandems Q frame winch trucks, hydrolift trucks or similar equipment when used for transportation purposes, mixer trucks over six and one-half (6 1/2) cu.yds. batch trucks wet or dry over 4-" 34-E'batches single axle low boy trailers, and contractor's mechanics when working on equipment operated by employees within the bargaining unit; six (6) wheel pole trailers and one (1) man oil distributors, fork-lift over four (4) ton and mobile mixers GROUP 4: Drivers on heavy equipment over sixteen (16) cu.yds. or twenty-four ton, such as Koehring or similar dumpsters, tract trucks, Euclids, hug bottom dumps, trounapulls, trounarockers or similar equipment when used for transportation purposes, pole trailers over six (6) wheels, water pulls, low -boy trailers tandem axles, quad axle or more no -weight limitation, disel and /or heavy equipment mechanics when working on equipment operated by employees within the bargaining unit. GROUP 5: Mechanic, with his own tools. ------------------- ---------------- -----------------------------.- TEAM0215-006 04/01/2019 HARRISON COUNTY Rates Fringes Truck drivers: GROUP I .....................$ 23.14 18.45 GROUP 2.....................$ 23.59 18.45 GROUP 3.....................$ 23.81 18.45 GROUP 1 Pickup Trucks, Winch Trucks,Warehouseman, Mechanic, Street Sweepers, Single axle Trucks GROUP 2 Tandem Trucks or Dump Trucks; Farm Tractor -Pulling Trailer; Bituminous Distributors, Pavement Breakers GROUP 3 Mixer Trucks, all types; Lowboys, all types; Semi -trucks, all types; All Tri-axle Dump Trucks; Articulated End Dumps; End Dumps; Heavy Equipment Type Water Wagons; Hazardous Waste Warehouseman; Hazardous Waste Driver; and Drivers on equipment when not self -loaded or pusher loaded, such as Koehring or similar dumpsters, track trucks, Euclid bottom dump and hug bottom dump, Tournatrailers, Tournarockers or similar equipment WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (ED) 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 ED, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of; domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the ED is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or 'UAVG' denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor - ;._..-------- 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION" Required Contract Provisions Federally -Assisted Construction Contracts SECTION 1 General Information BONDING REQUIREMENTS: IC 36-1-12-4.5, IC 36-1-12-13.1, IC 361-12-14 e The minimum requirements for contracts exceeding $100,000 for construction shall be as follows: 1. A Bid Bond or a certified check shall be filed with each bid equivalent to 5% of the bid price as assurance that the bidder will, upon acceptance of their bid, execute such contractual documents as may be required within the time specified. 2. A Performance Bond for 100% of the contract price to assure fulfillment of the contractor's obligations under the contract. 3. A Payment Bond for 100% of the contract price to assure payment of all persons supplying labor and material in the execution of the work provided for in the contract. NOTE: The Bid Bond must be submitted with the bid and the Performance Bond and Payment Bond must be provided to the project owner before construction begins on the project. RETAINAGE: IC 36-1-12-14 Public work contracts in excess of $100,000 require the retainage of 5% of the dollar value of all work satisfactorily completed by the contractor(s). The escrow agent shall be selected by mutual agreement between the board of the awarding agency and the contractor(s). The contractor shall be paid in full within sixty one (61) days after the date of substantial completion. If upon substantial completion of the public work there remain uncompleted minor items, an amount equal to two hundred percent (200%) of the value of each item as determined by the architect/engineer shall be withheld until the item is completed. CHANGE ORDERS: IC 36-1-12-18 A change order may not be issued before commencement of the actual construction except in the case of an emergency. In such a case, the board of awarding agency must make a declaration and the board's minutes must show the nature of the emergency. The total of all change orders issued that increase the scope of the project may not exceed twenty percent (20%) of the amount of the original contract. A change order issued as a result of circumstances that could not have been reasonably foreseen does not increase the scope of the project. All change orders must be prepared by the project engineer or architect and approved and signed by the board of the awarding agency and the contractor. All change orders must be directly related to the original public work project. CONFLICT OF INTEREST: 24 CFR 570.611 In the procurement of supplies, equipment, construction and/or services by recipients and subrecipients, any conflict of interest is prohibited. No persons who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted under this part or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest in any contract, subcontract, or agreement with respect to a CDBG-assisted activity, or with respect to the proceeds of the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter. • 9 xi]xiropki itA ZKyy;F:;X1Va The recipient of CDBG grant funds shall maintain written standards of conduct governing the performance of employees engaged in the award and administration of contracts stating that no employee, officer, or agent shall participate in the selection, award, or administration of a. contract supported by Federal funds if a real or apparent conflict of interest would be involved. RECORD RETENTION: 24 CFR 85.42 Financial records, supporting documents, statistical records and all other records pertinent to a grant shall be retained for a period of five years. If any litigation, claim, negotiation, audit or other action is started before the expiration of the five-year period, the records shall be retained until all litigations, claims or audit findings involving the records have been resolved. The retention period starts from the date of the submission of the final expenditure report or, from the date of the submission of the annual financial status report covering the last expenditure of grant funds for that year. ACCESS TO RECORDS: 24 CFR 85.42-e The awarding agency and the Comptroller General of the United States, or any of their authorized representatives, shall have the right of access to any pertinent books, documents, papers or other records which are pertinent to the grant in order to make audits, examinations, excerpts and transcripts. The right of access in this section must not be limited to the required retention period but shall last as long as the records are retained. Required Contract Provisions Federally -Assisted Construction Contracts CONTRACT PROVISIONS: In addition to provisions defining a sound and completed procurement contract, any recipient of federal funds shall include the following: Contracts other than small purchases shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. All contracts in excess of $25,000 shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. In addition, such contract shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. Contracts, subcontracts, and subgrants of amounts in excess of $100,000 shall contain a provision which requires compliance with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 USC 1857 (h)), Section 508 of the Clear Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR, Part 15), which prohibit the use under non-exempt federal contracts, grants or loans of facilities included on the EPA List of Violating Facilities. The provision shall require reporting of violations to the grantor agency and to the US EPA Administrator for Enforcement (EN-329). These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract that may in turn be made. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. A breach of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING: (Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 —49 CFR 20) The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed with this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000, and that all such recipients' shall certify and disclose accordingly. Any and all contractors, subcontractors, independent contractors, suppliers, facilitators or any person participating in any program or activity receiving federal financial assistance shall: 2 Required Contract Provisions Federally -Assisted Construction Contracts a. Prohibit discrimination based on race, color or national origin under Title VI of the Civil Rights Act of 1964; b. Prohibit discrimination on the basis of sex under Title VII of the Civil Rights Act of 1964 and amended by the Equal Employment Opportunity Act of 1972; c. -Prohibit discrimination on the basis of age under the Age Discrimination Act of 1975; d. Prohibit discrimination on the basis of disability under Section 504 of the Rehabilitation Act of 1973; e. Take affirmative action to employ and advance qualified disabled people under Section 503 of the Rehabilitation Act of 1973; f. Promote and insure equal opportunity for all persons, without regard to race, color, religion, sex, or national origin under Executive Order 11246 as Amended; g. Display posters which summarize the Federal laws prohibiting job discrimination based on race, color, sex, national origin; religion, age, equal pay and disability; h. Prohibit discrimination based on disability under the Americans with Disabilities Act of 1990; i. Assure that all buildings assigned for public use be designed, constructed and altered so as to be accessible to and usable by persons with physical disabilities under the Architectural Barriers Act of 1968; and j. Avoid maintaining or providing any segregated facilities. Any and all contractors, subcontractors, independent contractors, suppliers, facilitators or any person participating in any program or activity receiving federal financial assistance shall: Comply with the provisions for the elimination of Lead - Based paint hazards under 24 CFR Part 35; Take all necessary precautions to guard against damages to property and injury to persons. SECTION 2 Equal Employment Opportunity Regulations NONDISCRIMINATION: (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more) Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contractor Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.D. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO. . The contractor will work with the awarding agency and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship,.preapprenticeship, and/or on-the-job training." EEO OFFICER: The contractor will designate and make known to the awarding agency an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. DISSEMINATION OF POLICY: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to Required Contract Provisions Federally -Assisted Construction Contracts provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO officer. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority employees. Notices and posters identifying the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. RECRUITMENT OF EMPLOYEES: When advertising for employees, .the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. In the event the contractor has a valid bargaining agreement providing for exclusive hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementations of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. SELECTION OF SUBCONTRACTORS, PROCUREMENT OF MATERIALS AND LEASING OF EQUIPMENT: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. Disadvantaged business enterprises (DBE) as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. EEO RECORDS AND REPORTS: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives. The records kept by the contractor shall document the following: The number of minority and non -minority group members and women employed in each work classification on the project; The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and , female employees; and The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. NONSEGREGATED FACILITIES: Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more. By the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, all parties certify that the firm does not maintain or provide for its employees any segregated facilities at any of its Required Contract Provisions Federally -Assisted Construction Contracts establishments, and that the firm does not permit its employees to perform their services at any location under its control, where segregated facilities are maintained. The contractor agrees that a breach of this certification is a violation of the EEO provisions of this contract. The contractor further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. As used in this certification, the term "segregated facilities" refers to facilities provided for employees which are segregated by explicit directive, or on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override, (e.g. disabled parking). The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. FALSIFICATION OF DOCUMENTS: The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1D01 and 31 U.S.C. 231. The contractor or subcontractor shall make the records required available for inspection, copying, or transcription by authorized representatives of the awarding agency or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the awarding agency, HUD or DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds of debarment action pursuant to 29 CRF 5.12. SECTION 3 The purpose of Section 3 requires that recipients of HUD funds and their contractors and subcontractors provide jobs and other economic opportunities to low-income persons. The CDBG project service area for Section 3 compliance will be the nonmetropolitan county. Contractors and subcontractors participating in federally - assisted projects are required to track and report their activity relative to the hiring and training of low and moderate income persons and the use of local businesses owned by low-income persons. This information must be reported by all contractors and subcontractors, whose contract is $100,000 or greater, prior to project completion utilizing the "Section 3 Compliance form". All Section 3 covered contracts shall include the following Section 3 clause: "The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 170lu (Section 3). The parties to this contract agree to comply with this Section and certify that they are under no contractual or other impediment that would prevent them from complying with these regulations. The contractor agrees to notify each labor organization or representative workers with which the contractor has a collective bargaining agreement of the contractor's commitments under this Section 3 clause and include this clause in every subcontract subject to compliance with the Section 3 regulations. The contractor will certify that any vacant employment positions, including training positions, that are filled after the contractor is selected but before the contract is executed with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractors obligations under this section of the Code of Federal Regulations. Noncompliance with HUD's regulations in this Part may result in sanctions, termination of this contract for default, and debarment or suspension from .future HUD assisted contracts." OFFICE OF FEDERAL CONTRACT COMPLIANCE (OFCCP) For federally assisted construction contracts, the OFCCP administers and enforces Executive Order 11246, as amended. This Order prohibits discrimination and requires affirmative action to ensure equal employment opportunity without regard to race, color, sex, religion and/or national origin; and the implementing regulations at 41 CFR Parts 60-1,through 60-50. Generally, all contractors and subcontractors holding non- exempt federally assisted construction contracts and subcontracts exceeding $10,000 must comply with Executive Order11246. A "Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity" (Executive Order 11246) is to be included in the bid solicitations for all federally assisted construction contracts and subcontracts in excess of $10,000. The Notice, which is published at 41 CFR 60-4.2, informs the contractor/bidder of the affirmative action requirements imposed under Executive Order 11246, including the specified goals for minority and female participation. Covered federally assisted construction contracts and subcontracts must incorporate the equal opportunity clause found at 41 CFR 60-1.4(b). The equal opportunity clause may be expressly included in each contract or subcontract or incorporated by reference. Importantly, the equal opportunity clauses are deemed to be a part of every covered construction contract and subcontract s35 Required Contract Provisions Federally -Assisted Construction Contracts even if they are not physically incorporated in the contract documents. In addition to the equal opportunity clauses, federally assisted construction contracts and subcontracts in excess of $10,000 must include the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" which are found at 41 CFR 60-4.3. The specifications describe the affirmative action obligations and set forth the specific affirmative action steps the construction contractor must implement in order to make a good faith effort to achieve the goals for minority and female participation that were listed in the bid solicitation. Additional information regarding OFCCP Compliance may be found at www.dol.gov/esa/OFCCP or, at 1-800-397-6251. The Indiana office is located at 46 East Ohio Street, Suite 419, Indianapolis, IN 46204 and phone number is 317-226-5860. SECTION 3 Federal Labor Standards Regulations Any and all contractors, subcontractors, independent contractors, suppliers, facilitators or any person participating in any program or activity receiving federal financial assistance shall: Comply with federal labor standards regulations as follows: 1. Davis -Bacon Act 2. Contract Work Hours and Safety Standards Act 3. Copeland Act (Anti -Kickback Act) 4. Fair Labor Standards Act The U. S. Department of Labor has published rules and regulations corresponding to the above regulations at Title 29 CFR Parts 1, 3, 5, 6 and 7. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION PRIMARY COVERED TRANSACTIONS: (Applicable to all Federal -aid contracts 49 CFR 29) By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier covered transaction", "participant", "person", "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the non -procurement portion of the "Lists of Parties Excluded from Federal Procurement or Non - procurement Programs" (Non -procurement List) which is compiled by the General Services Administration. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. If a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies Required Contract Provisions Federally -Assisted Construction Contracts available to the Federal Government, the department or agency may terminate this transaction for cause or default. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: Are not presently debarred, suspended, . proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; Have not within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement, or receiving stolen property. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in this certification; and Have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION APPLICABLE TO ALL SUBCONTRACTS, PURCHASE ORDERS AND OTHER LOWER TIER TRANSASTIONS OF $25,000 OR MORE By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at anytime the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contract the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Non -procurement List. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. If a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Required Contract Provisions Federally -Assisted Construction Contracts PAYMENT OF PREVAILING WAGES: Applicable to all Federal -aid (CDBG) construction contracts exceeding $2,000 and to all related subcontracts: All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c) the full amounts of wages and bona fide fringe benefits or cash equivalents thereof due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor, hereinafter called "the wage determination", which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1 (b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid. Regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds,. or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29 CFR 1, 3 and 5 are herein incorporated by reference in this contract. PERSONNEL ACTIONS: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. CONFORMANCE RATES: The awarding agency shall require that any class of laborers or mechanics employed under the contract which is not listed in the wage determination shall be classified in conformance with the wage decision. An additional classification, wage rate and fringe benefits may be approved only when the following criteria have been met: (1) The work to be performed by the additional classification is not performed by any other classification in the wage determination; (2) The additional classification is utilized in the area by the construction industry; (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. If the contractor or subcontractor, laborers and mechanics, awarding agency and the contracting officer agree on the classification and conformance wage rate including the amount designated for fringe benefits where appropriate, the conformance rates shall be paid to all workers performing work in that classification from the first day on which work is performed in the classification. In the event the contractor or subcontractors, laborers and mechanics, awarding agency and the contracting officer do not agree on the proposed classification and wage rate including the amount designated for fringe benefits where appropriate, the contracting officer (OCRA Labor Standards Compliance 8 Required Contract Provisions Federally -Assisted Construction Contracts Officer) shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting agency or will notify within the 30-day period that additional time is necessary. Any work performed during the waiting period will be paid at the base wage and fringe benefit amount conditionally assigned by the contracting officer until a conformance rate is assigned by the Wage and Hour Administrator. PAYMENT OF FRINGE BENEFITS: Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. If the contractor or subcontractor does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. APPRENTICE PARTICIPATION: Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed pursuant to and individually registered in a bona fide apprenticeship program duly registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau. The allowable ratio of apprentices to journeyman -level employees on the job site in any craft classification shall not be greater than, the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the rations and wage rates (expressed in percentages of the journeyman -level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman - level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. OVERTIME REQUIREMENTS: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of labors, mechanics, watchmen, or guards (including apprentices) shall require or permit any laborer, mechanic, watchman, guard or apprentice in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, guard or apprentice receives compensation at a rate not less than one -and -one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. WITHHOLDING PAYMENT FOR UNPAID WAGES: The awarding agency shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee 'of funds until such violations have ceased. 3 5 Required Contract Provisions Federally -Assisted Construction Contracts VIOLATIONS AND LIABILITY FOR UNPAID WAGES AND LIQUIDATED DAMAGES: In the event of any violation of the requirements set forth in this document, the contractor and any subcontractor responsible for the violation shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. STATEMENTS AND PAYROLLS: Applicable to all Federally -assisted construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt. The Contractor shall comply with the Copeland Regulations of the Secretary of Labor. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, watchmen, helpers and guards working at the site of the work. The payroll records shall contain the name and last four digits of the social security number of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(8) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. Whenever the Secretary of Labor has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the contractor and subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices under approved programs shall maintain written evidence of the registration of apprentices and ratios and wage rates prescribed in the applicable programs. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the awarding agency or an agent thereof, a certified payroll report of wages paid each of its employees. The payroll submitted shall set out accurately and completely all of the information required to be maintained. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1), U.S. Government Printing Office, Washington D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: That the payroll for the payroll period contains the information required to be maintained and that such information is correct and complete; That such laborer or mechanic employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; That each laborer or mechanic has been paid not less than the applicable wage rate and fringe benefits or cash equivalent for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance". _ 10 . Required Contract Provisions Federally -Assisted Construction Contracts SECTION 4 Health and Safety SAFETY AND ACCIDENT PREVENTION: In the performance of this contract the contractor shall comply with all applicable Federal, State and local laws governing safety, health and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the awarding agency may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3333). Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT: (Applicable to all Federally assisted construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: That any facility that is or will be utilized in the performance . of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et sea., as amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U. S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 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EXEMPTIONS Federal, State and local governments are not affected by the law. Also, the law does not apply to tests given by the Federal Government to certain private individuals engaged in national security -related activities. The Act permits polygraph (a kind of lie detector) tests to be administered in the private sector, subject to restrictions, to certain prospective employees of security service firms (armored car, alarm, and guard), and of pharmaceutical manufacturers, distributors and dispensers. The Act also permits polygraph testing, subject to restrictions, of certain employees of private firms who are reasonably suspected of involvement in a workplace incident (theft, embezzlement, etc.) that resulted in economic loss to the employer. The law does not preempt any provision of any State or local law or any collective bargaining agreement which is more restrictive with respect to lie detector tests. EXAMINEE Where polygraph tests are permitted, they are subject to numerous strict standards RIGHTS concerning the conduct and length of the test. Examinees have a number of specific rights, including the right to a written notice before testing, the right to refuse or discontinue a test, and the right not to have test results disclosed to unauthorized persons. . ENFORCEMENT The Secretary of Labor may bring court actions to restrain violations and assess civil penalties up to $10,000 against violators. Employees or job applicants may also bring their own court actions. THE LAW REQUIRES EMPLOYERS TO DISPLAY THIS POSTER WHERE EMPLOYEES AND JOB APPLICANTS CAN READILY SEE IT. Sw your QR phone reader to leam more about the Employee U.S. Department of Labor I wage and Hour Division Polygraph Protection Act. WHD 1462 Rev. Jan 2012 SAFETY AND HEALTH C�7 ,J PROTECTION ON THE JOB INTRODUCTION: The intent of the Indiana Occupational Safety and Health Act of 1974, Indiana Code 22-8-1.1, is to assure, so far as possible, safe and healthful working conditions For the workers in the Stare. The Indiana Department of labor has primary responsibility for administering and enforcing the Act and the safety and health standards promulgated. under its provisions. Requirements of the Act include the following: EMPLOYERS: Each employer shall establish and maintain conditions of work which are reasonably safe and healthful for employees and free from recognized hazards that are causing or likely to cause death or serious physical harm to employees. The Act further requires that employers comply with the Occupational Safety and Health Standards, Rules, and Regulations. EMPLOYEES: All employees shall comply with Occupational Safety and Health Standards and all rules, regulations, and orders issued under the Act, which are applicable to their own actions and conduct. INSPECTION: The Act requires that an opportunity be provided for employees and their representatives to bring possible safety and health vio- lations to the attention of the Department of Labor inspector in order to aid the inspection. This requirement may be fulfilled by allowing a representative of the employees and a representative of the employer to accompany the inspector during inspection. Where there is no employee representative, the inspector shall consult with a reasonable number of employees. COMPLAINT: Employees have the right to file a complaint with the Depart- ment oflabon There shall be an inspection where reasonable grounds exist for the Department of Labor to believe there may be a hazard. Unless permission is given by the employees com- plaining to release their names, they will be withheld from the employer Telephone Number (317) 232-2693. The Act provides that no employer shall discharge:, suspend, or otherwise discriminate in terms of conditions of employment against any employees for their failure or refusal to engage in unsafe practices or for filing a complaint, testifying, or otherwise acting to exercise their rights under the Act. Employees who believe they have been discriminated against may file a complaint with the Department of Labor within 30 days of the alleged discrimination. Please note, that extensions of the 30-day filing requirement may be granted under certain special circtunsrances, such as where the employer has concealed or misled the employee regarding the grounds for discharge. However, a grievance -arbitration proceeding, which is pending, would not be considered justification for an extension of the 30-day filing period. The Commissioner of labor shall. investi- gate said complaint and upon finding discrimination in violation of the Act, shall order the employer to provide necessary relief to the employees. This relief may include rehiring, reinstatement to the job with back pad; and restoration ofseniority. All employees are also afforded protection from discrimination under Federal Occupational Safety and Health Act and may file a complaint with the U.S. Secretary of Labor within 30 days of the alleged discrimination. VIOLATION NOTICE: When an alleged violation of any provision of the Act has occurred, the Department of Labor shall promptly issue a written order to the employer, who shall be required to post it prominently at or near the place where the alleged violation occurred until it is made safe and required safeguards are provided or 3 days, whichever is longer. PROPOSED PENALTIES: The Act provides for CIVIL penalties of not more than $7,000 for each serious violaron and CIVIL penalties of up ro $7,000 for each non -serious violation. Any employer who fails to correct a viola- tion within the prescribed abatement period may be assessed a CIVIL penalty of noc more than $7,000 for each day beyond the abatement date during which such violation continues. Also, any employer who knowingly or repeatedly violates the Act may be assessed CIVIL penalties of nor more than $70,000 for each viola- tion. A minimum penalty of$5,000 may be imposed for each knowing violation. A violation of posting requirements can bring a penalty of up to $7,000. VOLUNTARY ACTIVITY - The Act encourages efforts by labor and management, before the Department of Labor inspections, to reduce injuries and illnesses arising out of employment_ The Act encourages employers and employees to reduce workplace hazards voluntarily and to develop and improve safety and health programs in all workplaces and industries. Such cooperative action would initially Focus on the identification and elimination of hazards that could cause death, injury, or illness to employees and supervisors. The Act provides a consultation service to assist in voluntary com- pliance and give recommendations for the abatement of cited viola- tions. This service is available upon a written request from the employer to 1NSafe. Telephone Number (317) 232-2688. COVERAGE: The Act does not cover those hired for domestic service in or about a private home and those covered by a federal agency. Those exempted from the Aces coverage include employees in maritime services, who are covered by die U.S. Department of Labor, and employees in atomic energy activities who are covered by the Atomic Energy Commission. NOTE: Under a plan approved March 6, 1974, by the U.S. Department of Labor, Occupational Safety and Health Administration (OSHA), the State of Indiana is providing job safety and health protection Fit workers throughout the State. OSHA. will monitor the opera- tion of this plan to assure that continued approval is merited. Any person may make a complaint regarding the State administration of this plan directly to the OSHA Regional Office, Regional Adminis- trator, Region V, U.S. Department of Labor, Occupational Safety and Health Administration, 230 South Dearborn Street, Chicago, Illinois 60604, Telephane Number (312) 353-2220. MORE INFORMATION: INDIANA DEPARTMENT OF LABOR 402 West'Washington Street, Room W195 Indianapolis, Indiana46204 Telephone: (3177) 232-2655 TT/Voice: (800) 743-3333 Fax: (317) 233-3790 Internet: http://%vww.in.gov/dol 491� Sean M. Keefer Commissioner ofLabor EMPLOYERS: This poster must be displayed prominently in the workplace. EMPLOYEE RIGHTS UNDER THE DAVIS-BACON ACT FOR LABORERS AND MECHANICS EMPLOYED ON FEDERAL OR FEDERALLY ASSISTED CONSTRUCTION PROJECTS THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION PREVAILING You must be paid not less than the wage rate listed in the Davis -Bacon WAGES Wage Decision posted with this Notice for the work you perform. OVERTIME You must be paid not less than one and one-half times your basic rate of pay for all hours worked over 40 in a work week. There are few exceptions. ENFORCEMENT Contract payments can be withheld to ensure workers receive wages and overtime pay due, and liquidated damages may apply if overtime pay requirements are not met. Davis -Bacon contract clauses allow contract termination and debarment of contractors from future federal contracts for up to three years. A contractor who falsifies certified payroll records or induces wage kickbacks may be subject to civil or criminal prosecution, fines and/or imprisonment. APPRENTICES PROPER PAY Apprentice rates apply only to apprentices properly registered under approved Federal or State apprenticeship programs. If you do not receive proper pay, or require further information on the applicable wages, contact the Contracting Officer listed below: or contact the U.S. Department of Labor's Wage and Hour Division. WH 1321(Revised April 2009) U. S. Department of Housing and Urban Development EQUAL HOUSING OPPORTUNITY We Do Business in Accordance With the Federal Fair Housing Law (The Fair Housing Amendments Act of 1988) It is Illegal to Discriminate Against Any Person Because of Race, Color, Religion, Sex, Handicap, Familial Status, or National Origin In the sale or rental of housing or residential lots In advertising the sale or rental of housing In the financing of housing Anyone who feels he or she has been discriminated against may file a complaint of housing discrimination: 1-800-669-9777 (Toll Free) 1-800-927-9275 (TTY) www.hud.gov/fairhousing it In the provision of real estate brokerage services In the appraisal of housing Blockbusting is also illegal U.S. Department of Housing and Urban Development Assistant Secretary for Fair Housing and Equal Opportunity Washington, D.C. 20410 Previous editions are obsolete form HUD-928.1 (8/2011) L. 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N A CO m a7 d 3 CO Q w E A > >. C E a) >, CL y N CA p W Z ca m o a-E o m� N c E° c r- CL > mr @mE0 3�"Ld ca m ma° cmw CES gyyc E CaEi L > 3°HCE o m;u a) N Q T« U N C« �. L v O. a) CD E N m O. .`. 'Cp L ° cc-03wo>m c°) m N $F 3 a 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 I(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemedto be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis -Bacon poster (WH- 1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) 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 contractorshall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part form HUD-4010 (06/2009) Previous editions are obsolete Page 1 of 5 ref. Handbook 1344.1 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 Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3. (1) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section I(b)(2)(B) of the Davis -bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) 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 I(b)(2)(B) of the Davis Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable that the plan or program is financial) 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.) (ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i) except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.govlesalwhdlformslwh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5 (a)(3)(ii), the appropriate information is being maintained y under 29 CFR 5.5(a)(3)(i), and that such information is responsible, and that the plan or program has been correct and complete; Previous editions are obsolete form HUD-4010 (06/2009) Page 2 of 5 ref. Handbook 1344.1 (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (Ili) The contractor or subcontractor shall make the records required under subparagraph A.3.(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (II) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant ' to and individually registered in a 4. Apprentices and Trainees. program which has received prior approval, evidenced by (i) Apprentices. Apprentices will be permitted to work at formal certification by the U.S. Department of Labor, less than the predetermined rate for the work they Employment and Training Administration. The ratio of performed when they are employed pursuant to and trainees to journeymen on the job site shall not be greater individually registered in a bona fide apprenticeship than permitted under the plan approved by the program registered with the U.S. Department of Labor, Employment and Training Administration. Every trainee Employment and Training Administration, Office of must be paid at not less than the rate specified in the Apprenticeship Training, Employer and Labor Services, or approved program for the trainee's level of progress, with a State Apprenticeship Agency recognized by the expressed as a percentage of the journeyman hourly rate Office, or if a person is employed in his or her first 90 specified in the applicable wage determination. Trainees days of probationary employment as an apprentice in such shall be paid fringe benefits in accordance with the an apprenticeship program, who is not individually provisions of the trainee program. If the trainee program registered in the program, but who has been certified by does not mention fringe benefits, trainees shall be paid the Office of Apprenticeship Training, Employer and Labor the full amount of fringe benefits listed on the wage Services or a State Apprenticeship Agency (where determination unless the Administrator of the Wage and appropriate) to be eligible for probationary employment as Hour Division determines that there is an apprenticeship an apprentice. The allowable ratio of apprentices to program associated with the corresponding journeyman journeymen on the job site in any craft classification shall wage rate on the wage determination which provides for not be greater than the ratio permitted to the contractor as less than full fringe benefits for apprentices. Any to the entire work force under the registered program. Any employee listed on the payroll at a trainee rate who is not worker listed on a payroll at an apprentice wage rate, who registered and participating in a training plan approved by Previous editions are obsolete form HUD-4010 (06/2009) Page 3 of 5 ref. Handbook 1344.1 the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of . .. influencing in any way the action of such Administration..... makes, utters or publishes any statement knowing the same to be false..... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by . the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; _liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth. in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph. Previous editions are obsolete form HUD-4010 (06/2009) Page 4 of 5 ref. Handbook 1344.1 (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any .other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC 3701 et seq. (3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous editions are obsolete form HUD-4010 (06/2009) Page 5 of 5 ref. Handbook 1344.1 0 C) Q C14 0 d) < cli V, LU C: ......... .... Callto aj 0 C) ai ca cu :3 =a E a) 0 0 R' 6�: CL 3 cn 0 Z, �Ll 0 0 >1 a) u La M .6. = L- Ln CL f: 41 U) 0 u ov.t cc CL 0 C: 4-J VI 'Z% cs w— U m o 0 L. 4-; 0 C:L o ai u (IJ .2 C) 0 -0 'o 'met LL E (1) 0 u C) CU co ca ci 0 4-J ECO 4 E' R'll C: u jL LL. 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W taxi w p tl •$� a .'� ��.� G LO G LO U.S. Department of Labor Fonn Approved Wage and Hour and Public STATEMENT OF COMPLIANCE Budget Bureau No. 44-R7093 Contracts Division Date 1, , , do hereby state: (Name of signatory party) (Title) (1) That I pay or supervise the payment of the persons employed by on the (Contractor or Subcontractor) that during the payroll commencing on the (Building or work) day of and ending the day of all persons employed on said project have been paid the full weekly wages earned, that no rebates -have been or will be made either directly or indirectly to or on behalf of said Contractor or Subcontractor from the full weeklywages earned by any person and that no deducions have been made either directly or indirectly from the full wages earned by any person, other than permissible deductions as defined in Regulations, Part 3 (29 CFR Subtitle A), Issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat., 948.63 Stat. 108, 72 Stat. 967; 76 Stat. 357; 40 U.S.C. 276c), and described below: (2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained In any wage determination incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4) That: (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS ❑ In addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except asnoted in Section 4(c) below. (b) WHERE FRINGE BENEFITS ARE PAID IN CASH Remarks ❑ Each laborer or mechanic listed In the above referenced payroll has been paid as Indicated on the payroll, an amount not less than the sum of the applicable basic hourly wage rate plus the amount of the required fringe benefits as listed in the contract, except as noted In Section 4(c) below. c EXCEPTIONS EXCEPTION (CRAFT) EXPLANATION Name and Title Signature The willful faistfication of any of the above statements may subject the contractor or subcontractor to civil or -criminal prosecution. See Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. Form WH-348 0) C I..-----,.. C C 1 0 a N m m � � m En 0 3 A O u1 N u m �` OL O �+ O N U d .0 Ll Ln C: C G O C L L O OCD a) � v C. CU E O N E U N •= .0 a) U 4� r_ E'. /1 L C Q O tz• CoU IL (B en�v U_ � U cm m: :V ,0 M O a) °a $ Am 4.1 C C cC 0 m _ U) O �C >, 4L'E } o: t C c6 a� CL u. a o U :o _ u 0E coU L m."' L E CDQ _ O L O a1 Vf = = O LL. 0 t! co Q U _ LL. 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