HomeMy Public PortalAbout125-2012 - Rose View - Smarrelli Contractors - Administration bAGREEMENT
THIS AGREEMENT made and entered into this 1 ` day of 2012, and referred to as
Contract No. 125 -2012 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 Smarrelli
General Contractors, Inc., 136 South 2nd Street, Richmond, Indiana, 47374 (hereinafter referred to as the
"Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to perform services in connection with the construction of a new Rose
View Transit (RVT) administration building in accordance with the Bid Specifications described below
and Contractor has been awarded the base bid as well as alternates 1 and 2 per the Bid Specifications (the
"Project").
Certain Bid Specifications dated August 25, 2012, have been made available for inspection by Contractor,
are on file in the offices 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.
The response of Contractor to said Bid Specifications is attached hereto as Exhibit A, which Exhibit is
dated September 20, 2012, consists of six (6) pages, and is also hereby incorporated by reference and
made a part of this Agreement.
The Indiana Department of Transportation (INDOT) requires additional provisions which are attached as
"Exhibit B" to this Agreement. Contractor agrees to comply with all provisions contained in Exhibit B.
Contractor agrees that Contractor shall require the provisions, terms, and conditions contained in Exhibit
B to be adhered to and made a part of any subcontracts that Contractor enters into with respect to the
services Contractor provides pursuant to this Agreement. All Exhibits are incorporated herein by
reference and made a part of this Agreement.
Should any provisions, terms, or conditions contained in Exhibit A conflict with any of the provisions,
terms, or conditions of this Agreement, this Agreement shall be controlling. Should any provisions,
terms, or conditions contained in the INDOT required provisions (Exhibit B) conflict with this
Agreement, the INDOT required provisions shall be controlling over this Agreement. Contractor
additionally agrees to the following state and/or federal requirements:
a. Grantee (City) shall hire an independent auditor to conduct an annual audit of the Project
in accordance with OMB Circular A-133.
b. The Grantee (City) shall include in all its contracts under the Grant Agreement a
provisions that the State, the FTA, or any of their duly authorized representatives, will
have full access to and the right to examine any pertinent documents or records of any
such contractor involving transactions related to this Agreement for a period of three (3)
years from the final payment under this Grant Agreement.
C. The Grantee (City) shall maintain all records and shall submit reports as required by the
State Management Plan and the FTA Master Agreement.
Contract No. 125 -2012
Page 1 of 6
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.
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 a total sum not to exceed Two Hundred Eighty-three Thousand
Fifty Dollars and Zero Cents ($283,050.00) for complete and satisfactory performance of the work
required hereunder.
SECTION IV. TERM OF AGREEMENT
This Agreement shall become effective when signed by all parties and shall continue in effect until the
completion of the project, which completion shall be on or before February 20, 2013.
Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, for
cause, at any time by giving at least five (5) working days written notice specifying the effective date and
the reasons for termination which shall include but not be limited to the following:
a. failure, for any reason of the Contractor to fulfill in a timely and proper manner its obligations
under this Agreement;
b. submission by the Contractor to the City of reports that are incorrect or incomplete in any
material respect;
c. ineffective or improper use of funds provided under this Agreement;
d. suspension or termination of the grant funding to the City under which this Agreement is
made; or
e. unavailability of sufficient funds to make payment on this Agreement.
In the event of such termination, the City shall be required to make payment for all work performed prior
to the effective date by Contractor, but shall be relieved of any other responsibility herein.
This Agreement may also be terminated by either the City or the Contractor, in whole or in part, by
mutual Agreement setting forth the reasons for such termination, the effective date, and in the case of
partial termination, the portion to be terminated.
Page 2 of 6
SECTION V. WITHHOLDING, RETAINAGE, AND CLAIMS FOR PAYMENTS
Contractor understands, acknowledges and agrees that pursuant to Indiana Code 36-1-12-13 the City must
provide for the payment of subcontractors, laborers, material suppliers, and those performing services
under a public works contractor and further agrees that in the event Contractor fails to timely pay any
subcontractor, laborer, or material supplier for the performance of services or delivery of materials under
this Agreement that the Board of Public Works and Safety for the City shall withhold payments in an
amount sufficient to pay the subcontractors, laborers, material suppliers, or those providing services.
Contractor further understands, acknowledges, and agrees that the Board shall proceed with the proper
administrative procedures initiated as the result of any claims timely filed by any subcontractor, laborer,
or material supplier under Indiana Code 36-1-12-12.
SECTION VI. 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
A. Worker's Compensation &
Disability Requirements
B. Employer's Liability
C. Comprehensive General Liability
Section 1. Bodily Injury
Section 2. Property Damage
D. Comprehensive Auto Liability
Section 1. Bodily Injury
Section 2. Property Damage
Limits
Statutory
$100,000
$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
$1,000,000 each aggregate
SECTION VII. 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
Page 3 of 6
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 VIII. COMPLIANCE WITH COMMON CONSTRUCTION WAGE LAW
Contractor shall comply with all provisions of Indiana Code 5-16-7 Common Construction Wage law,
and shall, during all of Contractor's work under this Agreement, provide the City with complete and
accurate certified payroll documents. Contractor shall use the forms provided by the Department of
Public Work and Engineering, unless Contractor has comparable software to generate the certified payroll
documents and such software is approved by the City. Such documents shall be submitted within forty-
eight (48) hours of each pay period for work completed under this Agreement. Should Contractor fail to
timely supply the City with said documents, or if the City has questions concerning the documents
submitted, City reserves the right to do any of the following:
a. Stop payments to Contractor under this Agreement;
b. Interview employees to verify wage payments;
C. Request from Contractor copies of cancelled payroll checks;
d. Report Contractor to the Indiana Department of Labor;
e. Report Contractor to the Internal Revenue Service;
f. Consider Contractor to be "non -responsive";
g. Consider Contractor to be in breach of this Agreement; and/or
h. Refuse to hire Contractor for future Contracts with the City.
Withheld payments will not be reinstated until proper certified payroll documents are submitted to the
City.
SECTION IX. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS
Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status
of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not
required to verify the work eligibility status of all newly hired employees of the contractor through the
Indiana E-Verify program if the Indiana E-Verify program no longer exists. Prior to the performance of
this Agreement, Contractor shall provide to the City its signed Affidavit affirming that Contractor does
not knowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event
Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than
thirty (30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the
violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in
breach of this Agreement and this Agreement will be terminated. If the City determines that terminating
this Agreement would be detrimental to the public interest or public property, the City may allow this
Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated
under this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for
actual damages.
SECTION 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,
Page 4 of 6
conditions or privileges of employment or any matter directly or indirectly related to employment,
because of race, religion, color, sex, disability, national origin, or ancestry.
B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees:
1. That in the hiring of employees for the performance of work under this Agreement of any
subcontract hereunder, Contractor, any subcontractor, or any person acting on behalf of
Contractor or any sub -contractor, shall not discriminate by reason of race, religion, color, sex,
national origin or ancestry against any citizen of the State of Indiana who is qualified and
available to perform the work to which the employment relates;
2. That Contractor, any sub -contractor, or any person acting on behalf of Contractor or any
sub -contractor shall in no manner discriminate against or intimidate any employee hired for the
performance of work under this Agreement on account of race, religion, color, sex, national
origin or ancestry;
3. That there may be deducted from the amount payable to Contractor by the City under this
Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which
such person was discriminated against or intimidated in violation of the provisions of the
Agreement; and
4. That this Agreement may be canceled or terminated by the City and all monies due or to
become due hereunder may be forfeited, for a second or any subsequent violation of the terms or
conditions of this section of the Agreement.
C. City and Contractor each agree they will comply with all applicable federal Americans with
Disabilities Act (ADA) requirements and Title VI Civil Rights Act non-discrimination requirements.
D. 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.
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 witl-iout the prior written consent of the Other party. it shall be cona011ed by
Indiana Iaw 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.
Page 5 of 6
Any person executing this Contract in a representative capacity hereby warrants that he has been duly
authorized by his or her principal to execute this Contract.
In the event of any breach of this Agreement by Contractor, and in addition to any other damages or
remedies, Contractor shall be liable for all costs incurred by City due to the enforcement of this
Agreement, including but not limited to City's reasonable attorney's fees, whether or not suit is filed.
In the event that an ambiguity or question of intent or a need for interpretation of this Agreement arises,
this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of
proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of
this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day
and year first written above, although signatures may be affixed on different dates.
"CITY"
THE CITY OF RICHMOND,
MIANA by and through its
Board of Public Works and Safety
e
By: &Zv
Vicki Robinson, President
�✓1,�A j
By;M4��
ian Lawson. Member
LIM
Date:
APPROVED:
Sarah L. Hutton, Mayor
Date: % Z/?- L/Z-
"CONTRACTOR"
SMARRELLI GENERAL
CONTRACTORS, INC.
136 South 2nd Street
Richmond, IN 47374
Date: Z
Page 6 of 6
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EH8IT PAGE 0
State Form 52414
Prescribed by State Soard of Accounts Form No. 96 (Revised 2005)
CONTRACTOR'S BID FOR PUBLIC WORK -FORM 96
PART I
(To be completed for all bids. Please type or print)
Date: 4-� 13. 2o1�
1. Governmental Unit (Owner): CITY OF RICHMOND
2. County:^WAYNE.
3. Bidder (Firm): SMARRELLI GENERAL CONTRACTOR, INC.
Address:136 S 2ND
Cityl8tate: RICHMOND, IN
4. Telephone' Number.765-962-1378
5. Agent of Bidder.(if applicable):
Pursuant to notices given, the undersigned offers to furnish labor and/or material necessary to complete
the public woricsproject of ROSE VIEW TRANSIT OFFICE BUILDING
.(Governmental Unit) in accordance with plans and. specifications prepared by
and datedZ f • I �I far the sum of
��O Uat t7 Lt 11n.t�� ,ems 1 —9 $ 21I r DOE
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 altemative 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 1n 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 empioyed 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)
.1, 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. .
EXHIBIT . PAGE ' OF
ACCEPTANCE
The above bid is accepted this day of , subject to the
following conditions:
Contracting Authority Members:
.1M
(For projects of $100,000 or more — IC 36-1-12-4)
Governmental Unit: Z t C iti•+ S L k.y� I
Sort
Bidder (Firm)
Date:
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
1. -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
2. 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
xI s
EXHIBIT PAGE OF
3.
Have you ever failed to complete any work awarded to you? NO
4. List references from private firms for which you have performed work.
PRIMEX CORPORATION
COLOR Box
If so, where and why?
SUNCALL
JOHNS-MANVILLE ,
RECYCLING CENTER
SECTION II PLAN AND EQUIPMENT QUESTIONNAIRE
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 orfrms 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.
EXHIBIT PAGE S> OF
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 8:00 AM
this 9TH
day of JULY 2012
SMARRELLI GENERAL4CONTRACTOR, INC.
By V4 x / :�a - - -I �'tiJ
BRAD SMARRELLI, PRESIDENT
(Title of Person Signing)
ACKNOWLEDGEMENT
STATE OF INDIANA }
WAYNE ) ss
'COUNTY OF }
Before me, a Notary Public, personally appeared the above -named BRAD SMARRELLI
swore that the statements contained in the foregoing document are true and correct.
Subscribed and sworn to before me this 9TH day of JULY , 2012
A
Notary vumc
My Commission Expires: FEB. 23, 2020
County of Residence: WAYNE. -
JANET LEA SAMS��.
Notary Public. State of Indiana
'
Wayne countyt
=Ms
'
Commission # 633274
•'
MY Commission Expires
February 23, 2020
and
SMARRELLI GENERAL CONTRACTOR, INC.
136 S 2ND ExHrB�r
RICHMOND, 1N 47374
Tel: (765) 962-1378 Fax (765) 962-3034
September 13, 2012
City of Richmond
50 N 5th
Richmond, IN 47374
RE: ROSEVIEW TRANSIT AD BUILDING ALTERNATES
1. ADD $ 3,300.00
2. ADD
3. ADD
4. ADD
$ 750.00
$39,000.00
$4,400.00
5. ADD $3,000.00
6. ADD $2,200.00
To the extent it applies, we are requesting the utilization of the provisions of
the "Local Bidding Preference Law" found with I.C.5--22-15-20.9 to this bid. In
support of our position we are a qualified local Indiana Business, our principal
place of business is at 136 S 2nd, Richmond, Wayne County, Indiana; we
employ 22 people of which 22 are residents of Wayne and surrounding Indiana
counties; and/or our "local' annual approximate payroll of $735,000.00, makes
UP a majority of our total annual payroll of $735,000.00.
I Required Clauses — Construction Contracts
1.1 General Terms and Conditions
1.1.1 Addenda
All changes in connection with this Request for qualifications will be issued in the form of a
written addendum and sent to all known Respondents not less than five (5) days prior to the
proposal due date. Signed acknowledgment of receipt of each addendum must be submitted with
each proposal. Oral instructions clarifications, and additional information supplied by CITY OF
RICHMOND representatives are not binding.
1.1.2 Last Submission/Modifications or Withdrawals
Proposals received after the deadline designated in this proposal document shall not be
considered and shall be returned unopened. Proposals may be withdrawn or modified prior to
the proposal opening. All such transactions must be submitted in writing and received prior to
the proposal opening.
1.1.3 Conditional Proposals
Conditional proposals are subject to rejection in whole or in part.
1.1.4 Subletting of Contract
Any contract derived from this RFP shall not be sublet except with the written consent of the
participating agency. No such consent shall be construed as making CITY OF RICHMOND a
party to such subcontract, or subjecting CITY OF RICHMOND to liability of any kind to any
subcontractor. No subcontract shall, under any circumstances, relieve the Contractor of his
liability and obligation under this contract, and all transactions must be approved by the
participating agency.
1.1.5 Assignment/Transfer of Interests
There shall be no assignement/transfer of interests or delegation of the Contractor's rights,
duties, or responsibilities under the contract derived from this RFP without the prior written
approval of CIT Y OF RICHMOND.
1.1.6 Licenses Permits and Taxes
The successful Contractor shall be appropriately licensed for the work required as a result of the
contract. The cost for any required licensestaxesdueas a result of the contractlits shall be the resonsibil� of the
Contractor. The Contractor is liable for any and all tax
Exhibit B
Page I of 22
1.1.7 Responsible Firms
Nothing herein is intended to exclude any responsible firm or in any way restrain or restrict
competition. On the contrary, all responsible firms are encouraged to submit proposals.
1.2 Protest Procedure
Any dispute/protest resulting from this procurement attention a the DIRECTOR OF PUBLICIection of
WORKS
a successful vendor(s) shall be brought
AND ENGINEERING OF THE CITY trOF RICHMOND, �i in
1ting not more than ten R OF PUBLIC WORKS ) days
AND
after the Notice of Award of said
ENGINEEERING will respond in writing to the complaint, if necessary.
Formal protests related to this solicitation will only be accepted from prospective offeror or
offerors whose direct economic interest would be affected by the award of a contract or failure to
award a contract. A written protest must be submitted to the DIRECT OF PUBLIC WORKS
AND ENGINEERING within ten (10) calendar days after a prospective offeror knows or should
have known of the facts giving rise to the complaint. A protest must be submitted in writing
prior to the submission of qualifications or the closing date, unless the prospective offeror did not
know and should not have known of the facts giving rise to the complaint prior to the closing
date for qualification submittals. A protest with respect to an award or manner of the evaluation
process shall be submitted within ten (10) calendar days after the opening of bids or the closing
date of qualification submittals.
As a Federally funded procurement, the provisions of FTA Circular 4220.1 F, Chapter VII, apply.
Protests to the Federal Transit Administration will be in regards to the alleged failure of the
CITY OF RICHMOND to have written protest procedures or alleged failure to follow such
procedures. CITY OF RICHMOND must receive a concurrent notice, indicating the nature of
the protest. Protestors shall file a protest with FTA not later than five (5) days after a final
decision is rendered under CITY OF RIB HnMOe DES aI deteprocedure.
i �� ao eQ� the protest, protestersstances where
protestor alleges that the grantee failed
shall file a protest with the FTA not later than five (5) days after the protestor knows or should
have known of the grantee's failure to render a .final determination the protest.
1.3 Safety
All practices, materials, supplies, and equipmentshall
Federply with the al, State and/oral local safety nor
al
Safety and Health Act, as well as any p
environmental codes.
1.4 Disclaimer of Liability
CITY OF RICHMOND will not hold harmless or indemnify any Contractor for any liability
whatsoever.
Exhibit B
Page 2 of 22
1.5 Hold Harmless
The Contractor agrees to protect, defend, indemnify and hold CITY OF RICHMOND, its
officers, employees and agents free and harmless from and against any and all losses, penalties,
damages, settlements, costs, charges, professional fees or other expenses or liabilities of every
kind and character arising out of or relating to any and all claims, liens, suites, causes of action,
and judgments of every kind and character in connection with or arising directly or indirectly out
of this agreement and/or the performance thereof. Without limiting the generality of the
foregoing, any and all such claims, etc., relating to personal injury, infringement of any patent,
trademark, copyright (or application for any thereof) or of any other tangible or intangible
personal property right, or actual or alleged violation of any other tangible or intangible personal
or property right, or actual or alleged violation of any applicable statute, ordinance,
administrative order, rule or regulation, or decree of any court, shall be included in the indemnity
hereunder. The Contractor further agrees to investigate, handle, respond to, provide defense for
and defend any such claims, etc., at his/her sole expense and agrees to bear all other costs and
expenses related thereto (including attorney fees and court costs), even if such claim is
groundless, false or fraudulent.
1.6 Governing Law
All contractual agreements shall be subject to, governed by, and construed according to the laws
of the State of Indiana.
1.7 Termination of Contract
CIT OF RICHMOND may terminate this contract in whole or in part, for the CITY OF
RICHMOND's convenience or because of the failure of the Contractor to fulfill the contract
obligations. The CITY OF RICHMOND shall terminate by delivering to the Contractor a Notice
of Termination specifying the nature, extent, and effective date of the termination. Upon receipt
of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the
notice directs otherwise), and (2) deliver to the Contracting Officer all date, drawings,
specifications, reports, estimates, summaries, and other information and materials accumulated in
performing this contract, whether completed or in process.
If the termination if for the convenience of the Recipient, the Contracting Officer shall made an
act ...rice but shall allow no anticipated profit on unperformed
equitable adjustment in tree coiltra�� Yil�� emu= �__
services.
If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient
may complete the work by contract or otherwise and the Contractor shall be liable for any
additional cost incurred by the Recipient.
If, after termination for failure to fulfill contract obligations, it is determined that the Contractor
was not in default, the rights and obligations of the parties shall be the same as if the termination
had been issued for the convenience of the Recipient.
Exhibit B
Page 3 of 22
1.8 No Federal Government Obligations to Third Parties
In connection with the project, the Contractor agrees that, absent the Federal Government or
CITY OF RICHMOND's express written consent, the Federal Government shall not be subject
to any obligations or liabilities to any subrecipient, lessee, third parry contractor, or other
participant at any tier of the project, or other person or entity that is not a parry to the Grant
Agreement or Cooperative Agreement for the project. Notwithstanding that the Federal
Government may have concurred in or approved any solicitation, subagreement, lease, third
party contract, or arrangement at any tier, the Federal Government has no obligations or
liabilities to any entity other than the primary recipient, including any subrecipient, lessee, third
party contractor, or other participant at any tier of the project.
1.9 False Statements or Claims/Civil and Criminal Fraud
The Contractor acknowledges and agrees that:
1.9.1 Civil Fraud
The Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq., and
U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to the
Contractors activities in connection with the project. By executing the contract agreement for
the project, the contractor certifies or affirms the truthfulness and accuracy of each statement it
has made, it makes, or it may make in connection with the project. In addition to other penalties
that may apply, the Contractor also acknowledges that if it makes a false, fictitious, or fraudulent
claim, statement, submission, certification, assurance, or representation to the Federal
Government or the primary recipient (Indiana Department of Transportation), the Federal
Government reserves the right to impose on the Contractor the penalties of the Program Fraud
Civil Remedies Act of 1986, as amended, to the extent the Federal Government deems
appropriate.
1.9.2 Criminal Fraud
If the Contractor makes a false, fictitious, or fraudulent claim, statement, submission,
certification, assurance, or representation to the Federal Government or includes a false,
fictitious, or fraudulent statement or representation in any agreement with the Federal
v th a ro
,CYVei13J.11C"ilit iix c:.:u=evtion pject etwhorized under 49 U.S.C. chapter 53 or any other
Federal law, the Federal Government reserves the right to impose on the Contractor the penalties
of 49 U.S.C. §5323(l), 18 U.S.C. §1001, or other applicable Federal lave to the extent the Federal
Government deems appropriate.
1.9.3 Inclusion in Lower Tier Contracts
The Contractor agrees to include the above two clauses in each subcontract financed under this
project. It is fiuther agreed that the clauses shall not be modified, except t identify the
subcontractor who will be subject to the provisions.
Exhibit B
Page 4 of 22
These requirements flow down to contractors and subcontractors who make, present, or submit
covered claims and statements.
1.10 Access to Contract Records
The Contractor agrees to require, and assures that its subcontractors will require, to provide to
the U.S. Secretary of Transportation and the comptroller General of the United States or their
duly authorized representatives, access to all third party contract records as required by 49
U.S.C. §5325(g). the Recipient further agrees to require, and assures that its subrecipients
require, their third party contractors and third party subcontractors, at each tier, to provide
sufficient access to third party procurement records as needed for compliance with Federal laws
and regulations or to assure proper project management as determined by FTA.
The Contractor shall maintain, for a minimum of five (5) years after the completion of the
Agreement (which shall occur after the completion of settlement of audit findings), all books,
records, and supporting documents to verify the amounts, receipts, disbursements, recipients, and
uses of all funds passing in conjunction with the Agreement.
1,10.1 Records Available for Review
The Agreement and all books, records and supporting documents related to the Agreement shall
be available for review and audit by the Auditor General or the Indiana Department of
Transportation (hereinafter "Auditing Parties"); and the Contractor agrees to cooperate fully with
any audit conducted by the Auditing Parties and to provide full access to all relevant materials.
1.10.2 Presumption Upon Failure to Maintain
Failure to maintain the books, records, and supporting documents required by this section shall
establish a presumption in favor of CITY OF RICHMOND under the Contract for which
adequate books, records, and supporting documentation are not available to support their
purported disbursement.
1.11 Changes to Federal Requirements
The Contractor shall at all times comply with all applicable Federal Transit Administration
• , Q ivved'ares and directivPCS including without limitation those listed directly
reglllativils, pviiCi%.s, FXW
or by reference in the Federal Transit Administration Master Agreement, FTA MA (16), dated
October 1, 2009, between the Indiana Department of Transportation District and the Federal
Transit Administration, as they may be amended or promulgated from time to time during the
term of any contract resulting from these bidding documents. The Contractor's failure to so
comply shall constitute a material breach of the contract.
Exhibit B
Page 5 of 22
1.12 Civil Rights
In compliance with 29 U.S.C. §623, 42 U.S.C. §2000, 42 U.S.C. §6102, 42 U.S.C. §12112, 42
U.S.C. §12132, 49 U.S.C. §5332, 29 CFR Part 1630, 41 CFR Parts 60 et seq., the following
requirements apply to the underlying contract:
1.12.1 Nondiscrimination
The Contractor agrees to comply, and assures the compliance of each subrecipient, lessee, third
party contractor, or other participant at any tier of the project, with all provisions prohibiting
discrimination on the basis of race, color, or national origin of tile VI of the Civil Rights Act of
1964, as amended, 42 U.S.C. §§2000d et seq., and with U.S. DOT regulations,
"Nondiscrimination in Federally -Assisted programs of the Department of Transportation --
Effectuation of Title VI of the Civil Rights Act," 49 C.F.R. Part 21. Except to the extent FTA
determines otherwise in writing, the Recipient agrees to follow all applicable provisions of the
most recent edition of FTA Circular 4701.1A, "title VI and title VI -Dependent Guidelines for
Federal Transit Administration Recipients," and any other applicable Federal directives that may
be issued.
1.12.2 Equal Em to went Opportuni
The Contractor agrees to comply, and assures the compliance of each subcontractor, lessee, third
party contractor, or other participant at any tier of the project, with all equal employment
opportunity (EEO) provisions of 49 U.S.C. §5331, with Title VII of the Civil Rights Act of 1964,
as amended, 42 U.S.C. §2000e et seq., and implementing Federal regulations and any later
amendments thereto. Except to the extent FTA determines otherwise in writing, the Contractor
also agrees to follow all applicable Federal EEO directives that may be issues.
The Contractor agrees that it will not discriminate against any employee or applicant for
employment because of race, color, creed, sex, disability, age, or national origin. The Contractor
aggress to take affirmative action to ensure that applicants are employed and that employees are
treated during employment without regard to their race, color, religion, sex, disability, age, or
national origin. Such action shall include, but not be limited to, employment, upgrading,
demotions or transfers, recruitment or recruitment advertising, layoffs or terminations; rates of
pay or other forms of compensation; and selection for training, including apprenticeship.
1.12.3 AAee
The Contractor agrees to comply with all applicable requirements of: (1) the Age Discrimination
Act of 1975, as amended, 42 U.S.C. §§ 6101 et seq., and with implementing U.S. Health and
Human Services regulations, "Nondiscrimination on the Basis of Age in Programs or Activities
Receiving Federal financial Assistance," 45 C.F.R. Part 90, which prohibit discrimination against
individuals on the basis of age in the administration of programs or activities receiving Federal
financial assistance; (2) the Age discrimination in Employment Act (AREA) 29 U.S.C. §§ 61
through 634 and with implementing U.S. Equal Employment Opportunity Commission (U.S.
Exhibit B
Page 6 of 22
EEOC) regulations, "Age Discrimination in Employment Act," 29 C.F.R. Part 1625, which
prohibits discrimination against individuals on the basis of age.
1.12.4 Disabilities
In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. §
12112, the Contractor agrees that it will comply with the requirements of U.S. Equal
Employment Opportunity Commission, "Regulations to implement the Equal Employment
Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to
employment of persons with disabilities. In addition, the Contractor agrees to comply with any
implementing requirements F'TA may issue.
1.12.5 Inclusion. in Lower Tier Subcontracts
The Contractor also agrees to include the requirements of Sections 3.18.1 through 3.18.5 in each
subcontract financed in whole. or in part with Federal assistance provided by the Federal Transit
Administration, modified only if necessary to identify the affected parties.
1.13. Disadvantaged Business Enterprise (DBE)
The Contractor agrees to facilitate participation by Disadvantaged Business Enterprises (DBEs)
in the project and assures that each third party contractor, lessee, or other participant at any tier
of the project will facilitate participation by DBEs in the project to the extent applicable
Further, the Contractor agrees and assures that it shall comply with 'section 1101(b) of
SAFETEA-LU, 23 U.S.C. § 101 note, and U.S. DOT regulations, "Participation by
Disadvantaged Business Enterprises in Department of Transportation Financial Assistance
Programs," 49 C.F.R. Part 26.
1.13.1 Nondiscrimination
The Contractor agrees and assures that it shall not discriminate on the basis of race; color, sex, or
national origin in the award and performance of any subagreement, lease, third party contract, or
other arrangement supported with Federal assistance derived from U.S. DOT in the
administration of its DBE program and shall comply with the requirements of 49 C.F.R. Part 26.
The Contractor agrees to take all necessary and reasonable steps as set forth in 49 C.F.R. Part 26
to ensure nondiscrimination in the award and administration of all subagreements, leases, third
party contracts, and other arrangements supported with Federal assistance derived from . U.S.
DOT.
1.13.2 Contract Goal.
The CITY OF RICHMOND has a :goal of 0% for this contract.
In connection with the performance of this project, the Contractor shall cooperate with the CITY
OF RICHMOND in meeting its commitments and goals with regard to the maximum utilization
Exhibit B
Page 7 of 22
of Disadvantaged Business Enterprises and will ensure that Disadvantaged Business Enterprises
shall have the opportunity to participate in the performance of contracts and subcontracts for this
Agreement. It is important to not only identify Disadvantaged Business Enterprises but to
explain how they will be integrated into the proposed work plan.
1.13.3 Inclusion in Lower Tier Subcontracts
The Contractor also agrees to include the requirements of Section 1.13.1 through 1.12.2 in each
subcontract financed in whole or in part with Federal assistance provided by the Federal Transit
Administration, modified only if necessary to identify the affected parties.
1.14 Access for Individuals with Disabilities
The CITY OF RICHMOND must comply with 49 U.S.C. § 5301{d), which states the Federal
policy that elderly individuals and individuals with disabilities have the same right as other
individuals to use public transportation services and facilities, and that special efforts shall be
made in planning and designing those services and facilities to implement transportation
accessibility rights for elderly individuals and individuals with disabilities. The Contractor shall
ensure that all construction of facilities meet the applicable regulations outlined. below.
The Contractor hereby agrees to comply with all applicable provisions of section '504 of the
Rehabilitation Act of 1973, as amended, with 29 U.S.C. §794, which prohibits discrimination on
the basis of disability; with the Americans with disabilities Act of 1990 (ADA), as amended, 42
U.S.C.'§§ 12101 et seq., which requires that accessible facilities and services be made available
to individuals with disabilities; and with the Architectural Barriers Act of 1968, as amended, 42
U.S.C. §§ .4151 et seq., which requires that buildings and public accommodations be accessible
to individuals with disabilities. In addition, the Contractor agrees to comply with applicable
Federal regulations and directives and any subsequent amendments thereto, except to the extent
the Federal Government determines otherwise in writing, as follows:
• Joint U.S. Architectural and. Transportation Barriers Compliance Board (U.S.
ATBCB)/U.S. DOT regulations, "Americans With Disabilities (ADA) Accessibility
Specifications for Transportation Vehicles," 36 C.F.R. Part 1192 and 49 C.F.R. Part 38;
• U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability in State and Local
Government Services," 28 C.F.R. Part 35;
• U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability by Public
Accommodations and in Commercial Facilities," 28 C.F.R. Part 36;
• U.S. General 'Services Administration (U.S. GSA) regulations, "Accommodations for the
Physically Handicapped," 41 C.F.R. Subpart 101 19;
• U.S. Equal Employment Opportunity commission, "Regulations to Implement the Equal
Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630;
U.S.. Federal Communications Commission regulations, "Telecommunications Relay
Services and Related Customer Premises Equipment for the Hearing and Speech
Disabled," 47 C.F.R. Part 64, Subpart F; and
• U.S. ATBCB regulations, "Electronic and Information Technology Accessibility
Standards," 36 C.F.R. Part 1194;
Exhibit B
Page 8 of 22
• FTA regulations, "Transportation for Elderly and Handicapped Persons," 49 C.F.R. Part
609; and
• Federal civil rights and nondiscrimination directives implementing the foregoing
regulations.
1.15 Debarment and Suspension
The Contractor agrees to comply, and assures the compliance of each subcontractor, lessee, or
other participant at any tier of the project, with Executive orders nos. 12549 and 12689,
"Debarment and Suspension," 31 U.S.C. § 6101 note, and U.S. DOT regulations,
"Nonprocurement Suspension and Debarment," 2 C.F.R. Part 1200, which adopts and
supplements the provisions of U.S. Office of Management and Budget (U.S. OMB) "Guidelines
to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," 2 C.F.R. Part
180. the Contractor agrees to, and assures that its, lessees, third party contractors, and other
participants at any tier of the project will, review the "Excluded Parties Listing System" at
http:l/epls.gov/ before entering into any lease, third party contract, or other arrangement in
connection with the project.
1.16 Clean Air
1.16.1 Compliance and Reporting
The Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to
report each violation to CITY OF RICHMOND and understands and agrees that CITY OF
RICHMOND will, in turn, report each violation as required to assure notification to FTA and the
appropriate EPA Regional Office.
1.16.2 Inclusion in Lower Tier Contracts
The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
1.17 Clean Water
1.17.1 Compliance and Reporting
The Contractor agrees to comply with all applicable standards, orders, or regulations issued
pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The
Contractor agrees to report each violation to the Purchaser and understands and agrees that the
Purchaser will, in turn, report each violation as required to assure notification to FTA and the
appropriate EPA Regional Office.
Exhibit B
Page 9 of 22
1.17.2 Inclusion in Lower Tier Contracts
The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.
1.18 Seismic Safety
The Contractor agrees that any new building or addition to an existing building will be designed
and constructed in accordance with the standards for Seismic Safety required in Department of
Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the
extent required by the regulation. The Contractor also agrees to ensure that all work performed
under this contract including work performed d by a subcontractor is in compliance with the
standards required by the Seismic Safety Regulations and the certification of compliance issued
on the project.
1.19 Energy Conservation
The Contractor agrees to comply with mandatory standards and policies relating to energy
efficiency which are contained in the state energy conservation plan issued in compliance with
the Energy Policy and Conservation Act (42 USC Section 6321 et seq.).
1.20 Davis Bacon Act
1.20.1 Minimum Wages
1.20.1.1 Laborers and Mechanics — Weekly Pay
All laborers and mechanics employed or working upon the site of the work (or under the United
States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development
of the project), 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
• • _1_ t_ tt t - + bet�A,een the contractor and Seel'! laborers and
relationship whic1- may a allegeU LV exist vv� contractor -
mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section
l (b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to
such laborers or mechanics, subject to the provisions of Section 1.20.1.5 of this section; also,
regular contributions made or costs incurred for more than a weekly period (but not less often
than quarterly) under plans, funds, or programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly period. Such laborers and
mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination
Exhibit B
Page 10 of 22
for the classification of work actually performed, without regard to skill, except as provided in
29 CFR Part 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
classifications and wage rates conformed under Section 1.20.1.2 of this section) 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.
1.20.1.2 Wage Determination and classification
The contracting officer shall require that any class of laborers or mechanics, including helpers,
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. The contracting officer shall
approve an additional classification and wage rate and fringe benefits therefore only when the
following criteria have been met:
1. Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed
by the classification requested is not performed by a classification in the wage
determination; and
2. The classification 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; and
4. With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in
the area in which the work is performed.
If the contractor and the laborers and mechanics to be employed in the classification (if known),
or their representatives, and the contracting officer 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 the contracting officer to the Administrator of the Wage and Hour
Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC
20210. The Administrator, or an authorized representative, will approve, modify, or disapprove
every additional classification action within 30 days of receipt and so advise the contracting
officer or will notify the contracting officer within the 30-day period that additional time is
necessary.
In the event the contractor, the laborers or mechanics to be employed in the classification or their
representatives, 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 shall refer the questions, including the views of all interested parties and the
recommendation of the contracting officer, to the Administrator for determination. The
Administrator, or an authorized representative, will issue a determination within 30 days of
receipt and so advise the contracting officer or will notify the contracting officer within the 30-
day period that additional time is necessary.
Exhibit B
Page 11 of 22
The wage rate (including fringe benefits where appropriate) determined pursuant to the two
proceeding paragraphs of this section, 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.
1.20.1.3 Treatment 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 shall either pay
the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an
hourly cash equivalent thereof.
1.20.1.4
If the contractor does not make payments to a trustee or other third person, the contractor may
consider as 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, the at 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.
1.20.1.5 Laborers Not Listed in the Wage Determination
The contracting officer shall require that 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. The contracting officer shall approve an additional
classification and wage rate and fringe benefits therefore 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.
If the contractor and the laborers and mechanics to be employed in the classification (if known),
or their representatives, and the contracting officer 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 the contracting officer to the Administrator of the Wage and Hour
Division, Employment Standards Administration, Washington DC 20210. The Administrator, or
an authorized representative, will approve, modify, or disapprove every additional classification
action within 30 days of receipt and so advise the contracting office or will notify the contracting
officer within the 30-day period that additional time is necessary.
In the event the contractor, the laborers or mechanics to be employed in the classification r their
representatives, and the contracting officer do not agree on the proposed classification and wage
Exhibit B
Page 12 of 22
rate (including the amount designated for fringe benefits, where appropriate, the contracting
officer shall refer the questions, including the views of all interested parties and the
recommendation of the contracting officer, to the Administrator for determination. The
Administrator, or an authorized representative, will issue a determination within 30 days of
receipt and so advise the contracting officer or will notify the contracting officer within the 30-
day period that additional time is necessary.
The wage rate (including fringe benefits where appropriate) determined pursuant to the second
and third paragraphs of this section, 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.
1.20.2 Withholding
The CITY OF RICHMOND 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 a s 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 an apprentice, trainee,
or helper, employed or working on the site of the work (or under the United States Housing Act
of 1937 or under the Housing Act of 1949 in the construction or development of the project), all
or part of the wages required by the contract, the CITY OF RICHMOND as grantee 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 fiends until
such violations have ceased.
1.20.3 Payrolls and Basic Records
1.20.3.1 Requirement to Maintain Payrolls and Basic Records
Payrolls and basic records relating thereto shall be maintained by the contractor during the
course of the work and preserved for a period of three years thereafter for all laborers and
mechanics working at the site of the work (or under the United States Housing Act of 1937, or
under the Housing Act of 1949, in the construction or development of the project). Such records
shall contain the name, address, and social security number of each such worker, his or her
correct classification, hourly rates of wage paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents thereof of the types describe in
section l(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
(1)(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 financially
responsible, and that the plan or program has been communicated in writing to the laborers or
Exhibit B
Page 13 of 22
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.
1.20.3.2 Requirement for Weekly Payroll Documentation
The contractor shall submit weekly for each week in which any contract work is performed a
copy of all payrolls to the CITY OF RICHMOND for transmission to the Federal Transit
Administration. The payrolls submitted shall set out accurately and completely all of the
information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR Part 5.
This information may be submitted in any form desired. Option Form WH-347 is available for
this purpose and may be purchased from the Superintendent of Documents (Federal Stock
Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 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 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 maintained
under section 5.5(a)(3)(i) of Regulations, 29 CFR Part 5 and that such information is
correct and complete;
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 Regulations, 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.
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 paragraph (a)(3)(ii)(B) of this section.
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.
1.20.3.3 Availability of Records
The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this
section available for inspection, copying, or transcription by authorized representatives of the
Federal Transit Administration or the Department of Labor, and shall permit such representatives
to interview employees during the working hours on the job. If the contractor or subcontractor
Exhibit B
Page 14 of 22
fails to submit the required records or to make them available, the Federal agency 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 to 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.
1.20.4 Apprentices and Trainees
1.20.4.1 Apprentices
Apprentices will be permitted to work at less than the predetermined rate for the work they
performed when they are employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of Labor, Employment and Training
Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency
recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship program, who is not individually
registered in the program, but who has been certified by the Bureau of Apprenticeship and
Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary
employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site
in any craft classification shall not be greater than the ratio permitted to the contractor as to the
entire work force under the registered program. Any worker listed on a payroll at an apprentice
wage rate, who is not registered or otherwise employed as stated above, shall be paid not less
than the applicable wage rate on the wage determination for the classification of work actually
performed. In addition, any apprentice performing work on the job site in excess of the ratio
permitted under the registered program shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed. Where a contractor is performing
construction on a project in a locality other than that in which its program is registered, the ratios
and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the
contractor's or subcontractor's registered program shall be observed. Every apprentice must be
paid a 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 of the Wage and Hour Division of the U.S.
Department of Labor 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 will no longer be
permitted to utilize apprentices at less than the applicable predetermined rate for work performed
until an acceptable program is approved.
1.20.4.2 Trainees
Except as provided in 29CFR 5.16, trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and
individually registered in a program which has received prior approval, evidenced by formal
Exhibit B
Page 15 of 22
certification by the U.S. Department of Labor, Employment and Training Administration. The
ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Every trainee must be paid at not
less than the rate specified in the approved program for the trainee's level of progress, expressed
as a percentage of the journeyman hourly rate specified in the applicable wage determination.
Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program.
If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of
fringe benefits listed on the wage determination unless the Administrator o the Wage and Hour
Division determines that there is an apprenticeship program associated with the corresponding
journeyman wage rate on the wage determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and
participating in a training plan approved by the Employment and Training Administration shall
be paid not less than the applicable wage rate on the wage determination for the classification of
work actually performed. In addition, any training 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.
1.20.4.3 Equal Employment Opportunity
The utilization of apprentices, trainees and journeymen under this part shall be in conformity
with the equal employment opportunity requirements of Executive Order 11246, as amended,
and 29 CFR Part 30.
1.20.5 Compliance with Copeland Act Re uirements
The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by
reference in this contract.
1.20.6 Subcontracts
The contactor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR
5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by
appropriate instructions require, 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 29
CFR 5.5.
1.20.7 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.
Exhibit B
Page 16 of 22
1.20.8 ComIlliance with Davis -Bacon and Related Act Re uirements
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.
1.20.9 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
the contracting agency, the U.S. Department of Labor, or the employees or their representatives.
1.20.10 Certification of Eligibili
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).
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).
The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
1.21 Contract Work Hours & Safety Standards Act
1.21.1 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 he or she is employed on such work to work in excess of
forty 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 forty
hours in such workweek.
1.21.2 Violation; Liabilily for Unpaid Wages; Li uidated Damages
In the event of any violation of the clause set forth in paragraph 1.21.1 of this section the
contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In
addition, such contractor and subcontractor shall be liable to the United States 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
paragraph (1) of this section, 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 forty hours without
Exhibit B
Page 17 of 22
payment of the overtime wages required by the clause set forth in paragraph 1.21.1 of this
section.
1.21.3 Withholding for Unpaid Wages and Liquidated Damages
The CITY OF RICHMOND 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 contractor, 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 Section 1.21.2 of this section.
1.21.4 Subcontracts
The contractor or subcontractor shall insert in any subcontracts the clauses set forth in Section
1.21.1 through 1.21.4 of this section 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
paragraphs (1) through (4) of this section.
1.22 Bond Requirements (Construction)
1.22.1 Bid Bonds
1.22.1.1 Bid Security
a Bid Bond must be issued by a fully qualified surety company acceptable to CITY OF
RICHMOND and listed as a company currently authorized under 31 CFR, Part 223 as possessing
a Certificate of Authority as described hereunder.
1.22.1.2 Rights Reserved
In submitting this Bid, it is understood and agreed by bidder that the right is reserved by CITY
OF RICHMOND to reject any and all bids, or part of any bid, and it is agreed that the Bid may
not be withdraw„ fora period of ninety (90) days subsequent to the opening of bids, without the
written consent of CITY OF RICHMOND.
It is also understood and agreed that I the undersigned bidder should withdraw any part or all of
his bid within ninety (90) days after the bid opening without the written consent of CITY OF
RICHMOND, shall refuse or be unable to enter into this Contract, as provided above, re refuse
or be unable to furnish adequate or acceptable Performance Bonds and Labor and Material
Payments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable
insurance, as provided above, he shall forfeit his bid security to the extent of CITY OF
Exhibit B
Page 18 of 22
RICHMOND's damages occasioned by such withdrawal, or refusal, or inability to enter into an
agreement, or provide adequate security therefore.
It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified
Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check (excluding any income
generated thereby which has been retained by CITY OF RICHMOND as provided in the May 6,
2011 Bid Documents Prepared by A/E) shall prove inadequate to fully recompense CITY OF
RICHMOND for the damages occasioned by default, then the undersigned bidder agrees to
indemnify CITY OF RICHMOND and pay over the CITY OF RICHMOND the difference
between the bid security and CITY OF RICHMOND's damages, so as to make CITY OF
RICHMOND whole.
The undersigned understands that any material alteration of any of the above or any of the
material contained on this form, other than that requested, will render the bid unresponsive.
Performance and Payment Bonding Requirements (Construction) the Contractor shall be
required to obtain performance and payments bonds as follows:
1.22.2 Performance and Pa ment Bonds
The Contractor shall be required to obtain performance and payment bonds as follows:
1.22.2.1 Performance Bonds
The penal amount of performance bonds shall be 100 percent of the original contract price,
unless the CITY OF RICHMOND determines that a lesser amount would be adequate for the
protection of the CITY OR RICHMOND.
The CITY OF RICHMOND may require additional performance bond protection when a
contract price is increased. The increase in protection shall generally equal 100 percent of the
increase in contract price. The CITY OF RICHMOND may secure additional protection by
directing the Contractor to increase the penal amount of the existing bond or to obtain an
additional bond.
1.22.2.2 Payments Bonds
The penal amount of the payment bonds shall equal:
1. Fifty percent of the contract price if the contract price is not more than $1 million.
2. Forty percent of the contract price if the contract price is more than $1 million but not
more than $5 million; or
3. Two and one half million if the contract price is more than $5 million.
If the original contract price is $5 million or less, the CITY OF RICHMOND may require
additional protection as required by Item 1 if the contract price is increased.
Exhibit B
Page 19 of 22
1.23 Lobbying
The Contractor certifies by responding to this Invitation to Bid that:
• In compliance with 31U.S.C. SECTION 1352(a), no Federal appropriated funds have
been paid or will be paid, by or on behalf of the Offeror, to any person for influencing or
attempting to influence an officer or employee of any 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.
• The Contractor will comply with other applicable Federal laws and regulations
prohibiting the use of Federal assistance for activities designed to influence Congress or a
State legislature with respect to legislation or appropriations, except through proper,
official channels; and
• The Contractor will comply, and will assure the compliance of each lessee, third party
contractor, or other participant at any tier of the project with U.S. DOT regulations, "New
Restrictions on Lobbying," 49 C.F.R. Part 20, modified as necessary by 31 U.S.C.
SECTION 1352, as amended.
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 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 Proposer or its
subcontractors shall complete and submit Standard Form LL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
The Contractor shall require that the language of this certification be included in the award
documents for all subcontractors at all tiers and shall certify and disclose accordingly.
1.24 Interest of Members of or Delegates to Congress
No member of or delegate to the Congress of the United States shall be admitted to any share or
part of the contract or to any benefit from arising there from.
1.25 Prohibited Interest
No member, or officer, or employee of the CITY OF RICHMOND, any participating transit
system in this procurement, or a local public body that serves as the primary subrecipient of FTA
fluids from the Indiana Department of Transportation with financial interest, control, or
participation in this project during his/her tenure or one year thereafter shall have any interest,
direct or indirect, in this contract or the proceeds thereof.
Exhibit B
Page 20 of 22
1.26 Prompt Payment to Subcontractors
The Contractor is required to pay all subcontractors for all work that the subcontractor has
satisfactorily completed, no later than thirty (30) calendar days after the Contractor has received
payment from the CITY OF RICMOND.
In addition, all Retainage amounts must be paid by the Contractor to the subcontractor no later
than thirty (30) calendar days after the subcontractor has satisfactorily completed its portion of
the work.
A delay in or postponement of payment to the subcontractor requires good cause and prior
written approval of the Contracting Officer.
The Contractor is required to include, in each subcontract, a clause requiring the use of
appropriate arbitration mechanisms to resolve all payment disputes.
CITY OF RICHMOND will not pay the Contractor for work performed unless and until the
Contractor ensure that the subcontractors have been promptly paid for the work they have
performed under all previous payments requests, as evidenced by canceled checks (if requested),
and the Contractor's sworn statement that it has complied with the prompt payment
requirements.
Failure to comply with these prompt payment requirements is a breach of the Contract, which
may lead to any remedies permitted under law, including, but not limited to, Contractor
debarment. If addition, the Contractor's failure to promptly pay its subcontractors is subject to
the provisions of 50 ILCS 505/9.
The Contractor shall, within thirty (30) calendar days of contract award, or prior to any work
being performed, execute formal subcontracts or purchase orders with the Disadvantaged
Business Enterprises firms included in the proposal. These written agreements shall be made
available to the CITY OF RICHMOND Contracting Officer, upon request. All contracts
between the Contractor and its subcontractors must contain a prompt payment clause as set forth
herein.
1.27 Publication, Reproduction, and Use of Material
No custom material produced in whole or in part under the contract shall be subject to copyright
or patent in the United States or in any country. The participating agencies, INDOT, and the
Federal Transit Administration (FTA) shall have authority to publish, disclose, distribute and
otherwise use, in whole or in part, any custom materials prepared under the contract.
1.28 Independent Price Determination
The Proposer certifies by submission of a response to this RFP (proposal) that it has not
colluded, conspired, connived, or agreed, directly or indirectly, with any proposer or person to
Exhibit B
Page 21 of 22
refrain from proposing, and further, that it has not in any manner, directly or indirectly sought by
agreement, collusion, communication, or conference, with that of any person, to fix the proposal
amount herein or that of any other Proposer, or to fix the proposal amount herein or cost element
of said proposal amount, or that of any other proposer, or to secure any advantage against CITY
OF RICHMOND or any person interested in the proposed contract.
Exhibit B
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