Loading...
HomeMy WebLinkAboutContract~sl ~ 1 1987 Edition -Electronic Format AIA Document A101-1997 Standard Form of Agreement Between ()caner and Contractor where the basis of payment is a STIPULATED AGREEMENT made as of the day of in the year of (In words, indicate day, month and year) City of Jeffersonville BETWEEN the Owner: City -County Bldg (Name, address and other infnrnuuion) 501 E. Court Ave. Jeffersonville, IN 47130 suidtheConuactor: Kevco Construction. LLC iNarnt, address and other information) Fy ` Q ~ BOX 3 2 4 3 812 W. Magnolia Ave. The Project is: Louisville, KY 40201 (Narne and location) Ken E 11 i s Senior C e n t e r 1425 Pennsylvania Ave. J e f f e r s o nv i 11 e, I N 4 713 0 The Architect is: (Narne, address and other inforneatirra) The E~ t o p i n a l G r ou p 903 Spring Street ree ctor a t C ersonville, IN 47130 as ('+~1~''D~t~ g ra on The Owner and • SUM THIS DOCUMENT HAS fMPOR7ANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO 1TS GOMPLET/DN OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AtA DOCUMENT MAY BE MADE BY UStNG AlA DOCUMENT D40f_ AIA Docatnent R20 t -1997, General Gonditions of the Contract for Consttttt~ion, is adopted in this document by reference. Do not use with other general condtttons unless this document is modified. This document has bean approved and endorsed by The Associated General Contractors of America. ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (Genera(, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as frilly a part of the Contract as if attached to this Agreement or repeated herein. 'The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. ARTICLE 2 THE WORK OF THtS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent speciftcally indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a native to proceed issued by the (?weer. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will he ftxed in a notece to proceed.) ,~ m .,, ,:a .'' ~~ 8),1897 AIAQB AIA DQCUMEtdT A101-1957 OWNER-CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washir-®tan, D.C, 201Ht6-5292 ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1957, ®1997 by The American Institute of Architects. Reproduction of the materi ht fawsnafrthe Untned Sates and wiil~sttblect ttte Ola~tt~tegal permission at the AIA violates the copydg otocopytng violates US copyright laws end watt subject the prosecution. WARNING: Unllcansed }~ violator to legal prosecution. This document was electronically produced with permission of the AIA and can • be reproduced in accordance with your license without violation until the date of expiration as not ~ by ~~ This dowment Is not an original AIA Contract ibcumerM' abndt is not for other u ~• Contract Documents software for administrative Purposes Y 1 tk lf, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanic's liens and other security interests, the Owner's time requirement shall be as follows: 3.2 The Contract Time shall be rneasured from the date of commencement. 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than days from the date of commencement, or as follows: THIS DOCUMENT HAS IMPORTANT (Insen number of calendar days. Alternatively, a calendar date may be used when coordinated with the dote of LEGAL CONSEQUENCES. commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial CONSULTATION WITNAN Completion of certain portirnes ojthe Work) ATTORNEY lS ENCOURAGED W/TN RESPECT TO ITS COMPLETION OR 0 n e Hundred Fifty Days (15 0) MOD1FlCATION. AUTHENTICATION OF THIS ELECTRONICALLY subject to adjustments of this Contract Time as provided in the Contract Documents. DRAFTED A!A DOCUMENT MAYBE (Insert provisions, if any, for liquidated damages relating tv failure to complete on time or far bonus ptrymertts jvr MADE BY USING AIA DOCUMENT early completion of the Work) D401. None • AIA Document A201-7997, General Conditions of the Contract for ARTICLE 4 CONTRACT SUM Construction, is adopted in this ' 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the document by reference. Do not use Contractor's performance of the Contract. The Contract Sum shall be Dollars $ with othergeneral eondrtions unh~s ( ), subject to this document is moditred. additions and deductions as provided in the Contract Documents. (~ $ 30 , 000.00 ) h t H n d r e rt This docurent has been approved and gg ~ ~ ~ '~hbi sed ~ TY~o~u ~ a ~ d ~ 011 a r s and No C e n t s endorsed by The Associated General 4.~ 'The ontract um is a pon e o owing ternates, tf any, which are described Contractors of Amettea. in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identifuation of accepted alternates. If decisions ort other aleernates are to be made by the Owner subsequent to the execution of this Agreeneent, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) 4.3 Unit prices, if any, are as follows: ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. ~~ 5.12 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: *, .~ ... ..~ Within 45 days of the date it is approved by Board o ~~ ~~' ks 5.1.3 Provided that an Application for Payment is received by the Architect not later than '- - - the day of a month, the Owner shall make payment to the Contractor utsa~ Ai,a~ fan Application for Payment is received by the Architect after the application AIA DgCtiMENT At01-1987 date fixed above, payment shall be made by the Owner OWNER-CONTRACTOR AGREEMENT _ .__ _.. _.._ - _ once.._the--grant draw --s received from the Indiana The American-nstituteofArchitects Office of Community and Rural Affairs 1735 NewYgrkAvenue,N.W. Washington, Q.C. 2t100s-5292 ®1915, 1918, 195, f 937, 1951, 1958, 1961, 1963, 1987, 197d, 1977, 1987, C~ 1897 ay The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisio-bs without written permission at the AIA violates the copyright laws of the United States and Witt st-bjeci the Violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and wltl subject the • violator to iegei prosocution. This document was electrgnically produced with permission of the AlA and can be reproduced in accordance with your license without violation until the date of e~iration as noted below. This document is not an original Ai14~ Contract Document, but a reproduction produced by AIA+tB Contract Documents software for administrative purposes only and is not for other use or resets. M 5.1.4 Each Application for Payment shall be based on the most rec:en[ schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Wark. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion THIS DOCUMENT NAS IMPORTANT of the Work as of the end of the period covered by the Application for Payment. LEGAL CONSEQUENCES. CONSULTATION WITH AN 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress ATTORNEY /S ENCOURAGED WITH payment shall be computed as follows: RESPECT TO 1TS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS EtECTRONICALLY .1 Take that portion of the Contract Sum properly allocable to completed Work as DRAFTED AIA DOCUMENT MAY 6E determined by multigIying the percentage completion of each portion of the Work by MADE BY USING A1A DOCUMENT the share of the Contract Sum allocated to thaE portion of the Work in the schedule of D4of• values, less retainage of percent ( 3`0). Pending final determination of cost to the AIA DocumentA2U1-1997, General Owner of changes in the Work, amounts not in dispute shall be included as provided Conditions of the Contract for in Subparagraph 7.3.8 of AIA Document A201-1997. Construction, is adopted in this document by reference. Do not use .2 Add that onion of the Contract Sum ro erl allocable to materials and ui ment with othergenerat conditions unless P P P Y eq P this document is modified. delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off This document has been approved and the site at a location agreed upon in writing}, less retainage of percent (%); er-dorsed by The Assoaated General Contractors of America. F7~ ve Perc nt . (5%) .3 Subtract Che aggregate o~prevlous payments made by the Owner; and • .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of AIA Document A201-1997. 5.1.7 The progress payment amount determined in accordance with Subparagraph 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of [he Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (subparagraph 9.8,5 of AIR Document A2U1-1997 requires release of applicable retairwge upon Substantial Completion of Wark with consent of eatery, {f'arw.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault ~~ of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of AIA Document A201-199?. ,s ,... .~ :~'tr'+~ri ~,.. 5.1.8 Reduction or limitation of retaiutage, if any, shall be as follows: __ .__ _. (/f it is intended, prior to Substantial Completion of the entire Work. to reduce or trout the retainugr resulting frorn the percentages inserted in Clauses 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Cataract ,.1887 AIAQ9 Doruments, insert here provisionsforsuch reduction or limitation.) AIA DOCUMENT A101-1897 Retainage will be held at Five Percent (5%) of thegWNt:R-t,ANTRRCTQR AGREEMENT total contract sum until the project is complete ®1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 071997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of tha tJnitsd States and wilt subJect the violator to Isgal prosecution. WARNING: Unlicensed photocopying violates US copyNght laws and will sub~Ct the • violator to legal proaecutign. This document was electronically produced with perrnissign of the AIA and Gan be reproduced in accordance with your license withouf vio{ation until the date of e>q~iration as noted below. This document is not en original NAA® Contract Document, Dut a reproduction produced by AIA Contract Documents software for adminlatretiva purposes only and is not for other use or resale. - The American Institute of Architects 1735 Nsw York Avenue, N.W. Washington, D.C. 20006-5292 i 5.1.9 Except with the Uwner's privy approval, the Contractor shall nut make advance payments to suppliers fvr materials or equipment which have not been delivered and stored at the site. 5.2 FINAL PAYMENT 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, sha19 be made by the Owner to the Contractor when: .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Subparagraph 12.2.2 of AIA Document A201-1997, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. 5.2.2 The Owner's final payment to the Contractor sha(1 be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A20I-1997. THIS DOCUMENT hIAS IMPORTANT LEGAtCONSEQUENCES. CONSULTATION WITk AN ATTORNEY IS ENCOURAGER WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICAT70N OF THIS ELECTRONICALLY DRAFTED AtA DOCUMENT MAYBE MADE BY USING ACA DOCUMENT D40i. A!A Docurrrenf A201-1997, Genera! Conditions of the Contract for Construction, is adopted in Phis document by reference. Do not use with other general condttlons unless this document is madifted B.2 The Work may be suspended by the Owner as provided in Article t4 of AIA This document has bean approved and Document A201-1997. endorsed by The Associated General Contractors of America. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of AIA Document A201- ' 1497 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Cvntract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate staked below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest ugreed upon, if uny.) Usury law's and requirements under the Federal 'Prtuh in Lending Act, sirnilar state and Gx:ot cunsunter credit Caws and other regulations at the Owner's and Contractor's principal places of business, the Cacation of the Pmject and elsewhere may a,Qect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, uruf also regarding requirements such us written disclosures nr waivers.) 7.3 The Owner's representative is: Mayor R Obe r t L . Wa 1 Z , J r . (Name, address urul other ittformatiun) C 1. t y O f J e f f e r s o n v i 11 e City-County Bldg., 501 Easb Jeffersonville, IN 47130 7.4 The Contractor's representative is: Rex LOCka rd/Kevin BOStOCk {Name, address and other information) 812 W. Magnolia Ave., Ste Louisville, KY 40208 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. 7.6 Other provisions: ®i 815, 1918, 1825, 19$7, i 851, 195$, 1961, 1963, 1967, t $74, 1977, 1987, ~ 1997 by The American Institute of Architects. Reproduction. of the material herein or substantial quotation of its provisions without written permission of the AIA violates the Copyright laws of the United States and will subject the violator to legal prosecution. WARNING: Unlicensed photocopying violates US copyright laws and will subject the violator to legal prosecution, This document wa& electronicalEy produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. This docurrront is trot an original AUt~ Contract Document, but a reproduction produced by AIA® Contract Documents software for administrative purposes oMy and fs not for other use or resale. ,,Ave . .~. ~..s ~~ ~ ~~ ®T887 AIAb AIA DOCUMENT A101-1897 OWNER-COPfTRACTOR AGREEMENT __ The American Institute of Architects 1735 New York Avenue, N.W- Washington, D.C. 20006-5292 ~-' Mayor Robert L. Waiz, Jr. Kevin Bostock, Sr-President (Punted name and title) (Printed name and tilts) r THIS DOCUMENT NAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOt/RAG€D WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENT/CAT1pN OF THIS ELECTRONICALLY DR4FTED AIA DOCUMENT MAYBE MADE $Y USING AIA DOCUMENT Dot) f. AIA Document A2(11-r997, General Conditions of the Contract far Constn~ction, is $dpptegl in this document by reference. Do not use with other general condrfions unless this document is modified. This document has been approved artd endorsed by The Associated General Contractors of America. ~b .~~ ~` t X11997 AIA® AtA DOCUMENT At01-1897 OWNER-CONTRACTQR AGREEMENT _. _ _ __ The American InstRute of Architects 1735 New York Avenue, N.W. Washington, D. C. 20005-5292 ©1915, 1918, 1925, 1937, 1951, i 958, 1961, 1963, 1967, 1974, t 977, 1987, ®1997 by The American Institute of Arghitects, Reprduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United Stales and will subject the violator to legal proSQCUtion. WgRNiNG; tJnflcensed Rhottrcopying yioiatas US copyright laws and will subject the violator to teg~ prosecution, This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. ~ This docwnent Is not an original AlA~ Contract Document, but a reproduction produced by AIA Contract Documents software for administrative purposes only and is not for attrar use or reaala. • SECTION~1 GENERAL INFORMATION _~ _ ~ SECT10Pf 1 GENERAL INFORMATION Some of the requirements of this Section 1 -General lnformafion -are the responsibility of the Owner and/or others. The Contractor is only responsible for documents, requirements, etc. actually pertaining to the construction contract. I. BONDING AND INSURANCE REQUIREMENTS Grantees receiving a federal Community Development Block Grant from the Department of Commerce which requires contracting for construction or facility. improvements shall follow Indiana Code requirements relating to bid guarantees, performance bonds and payment bonds, except for contracts or subcontracts exceeding $100,000. For contracts exceeding $100,000 tha minimum requirements shall be as follows: 1. A bid guarantee from each bidder equivalent to 5% of the bid price. The "bid guarantee° shall consist of a firm commitment such as a bid bond, certified check or.other negotiable instrument accompanying a bid as assurance that the bidder will, upon .acceptance of :his/her 'bid by the Grantee, ~ execute such contractual documents as may be required within the time specked. ~ . • - 2. A pertormance bond on the part of the contract for 100% of the contract price. A "pertormance bond° is one executed in connection with a contract to • assure fulfillment~of all the contractor's obligations under such contract. 3. A payment bond on the part of the 'contractor' for 100°~ of the contract price: A "payment bond' is one executed in connection with a contract to assure payment as required..by law of all persbris suppl}nng~ labor and material in the execution of the work provided for in the contract. Indiana Code requires that contracts under $1.00.000 include payment and bid bonds. II: CONFLICT 4F INTEREST (24 CFR Part 570J 1: Grantees shalt maintain ~ written code or standards of conduct which shall govern the performance ~ of their officers,employees or agents engaged in the award and administration of contracts supported by federal funds. No employee, officer, agent or consultant of the grantee shall partiapate in the selection of the award or administration of a contract supported by federal funds during his tenure, or~ for one year thereafter, if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: __ a. The employee, officer of agent; b. Any member of his immediate family; . c. His or her partner,~or .. d. An organization which employs, -or is about to employ, any . of the above, has :a finanaal or other interest in the firm selected for award. 2. The Grantee's officers, employees, agents or consultants shalt neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to subagreements. ~ . i i 1.. __ ..._Contracts._ other ~ than small purchases__shall contain ~ provisions or conditions which will allow for administrative, contractuaf~~or~-1eg~l~~r'emedies iri~~ - instances where contractors violate or breach contraet~~terms; and. provide. for such sanctions and penalties as may be appropriate. 2: 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 dreumstances -beyond the control of the contractor. 3. 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 Wafer 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 ~ha11 require reporting of violations to th~ grantor agency and to the US EPA Administrator for Enforcement (EN-329). V. DISCLOSURE REPORTS (HUD Reform Act of 1991) 1. Section~~ 2 ~of "the HUD Reform. Aet~ of 1991 ~.reguire5 tha~~ if the grange receiues $200,000 or~more in federal.funcfs during a fiscal-year (10%1 - 9/30), a disdosure report (Exhibft A) must be completed each time a contract under the CDBG project is executed. A copy of all such Disclosucae Reports must be submitted by the Grantee to the Grants Management~Office of~the Department of Commerce within 10 days after contract execx~tion. SECTION 2 . _ EQUAL EMPLOYMENT OPPORTUNITY . SECTION 2 EQUAL EMPLOYMENT OPPORTUNITY. TITLE Vl ~OF THE CNIL RIGHTS ACT OF 1964 Title Vl~of•the Civil~Rights Act of 1964 prohibifs~discrimination based.on race, color or national origin in any "program or activity- receiving federal finanaai ~-assistance°. Discrimination is not defined. in .the Civil Rights Act or in. any of the federal agercies' Title VI regulations. However federal agencies have formulated a list of Prohibited acts that provide a definitional framework for discrimination which is not to be considered as all inclusive. Grantees and contractors-are prohibited from discriminating on the basis of race, color or national origin by: • denying a person any service, financial .aid or benefit extended under a prflgram; ~ .. - providing any service, aid. or benefit to a person. that is different in kind or mariner from that provided to others under the program; • subjecting a person to segregation or other discriminatory treatment in any manner related to~the receipt ornon-receipt of the service, aid or benefit; • ' restricting a person in ar~y way in enjoying services, facilities or any other. advantage, privilege, .property, or benefitprovided.to others under the program; • • ~ treating a person differently from others. in•determining whether he or she safisfies any. admission,. enrollment, quota, eligibility; membership, or other _ cegirirei~eiit~ or condifion that people ~ must .meet to receive .any service, aid or • ~ - benefif; .• ~ .• . .. . denying or affording a.person an opportunity to partiapate.in a program (including the opportunity to particpate as-a grantee, subgrantee or contractor) in a way that is different from that afforded others in the program; or • denying 'a person the- opportunity to participate as a member of a ' .planning or advisory body that is an integral part of the program. il. TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 (as amended- by the Equal Employment~Opportunity Act of 1972) . Title VII {prohibits discrimination in hiring, promotion, and other employment policies on the basis ~of sex ~ ~ . Ilia AGE DISCRIMINATION ACT OF 1975 The Age Discrimination Act~generaliy prohibits the exclusion of-any person-on the-basis of age from partiapating in any program or activity receiving federal finanaai assistance. It further provides that no .person shall be denied the benefits of or be subjected to discrimination under any such program or-activity on the basis of age. • IV. SECTION 504 OF THE REHABILITATION ACT OF 1973 Section 504 of the Rehabilitation Act of 1973, as amended, prohibits discrimination on the basis of disability i~ all federally assisted programs and activities. It mandates that all recipients of federal. financial assistance review and, if necessary, modify their programs and activities so that discrimination based on disability is•eliminated. Section 504 requires recipients of federal funds to analyze and make any needed changes in • establishments, ~ Each contractor shall require each subcontractor who has 50 or more employees and has a .subcontract of $50,000 or more to do the same. It will be the responsibility of the Civil Rights Officer to insure the Department of Commerce receives . a copy of the written affirmative action.compliance. IX. EMPLOYMENT AND CONTRACTING OPPORTUNITIES Grant redpients shalt comply with 'Executive Order 11246; as amended, by .contracting with small and minority firms,-wornen's business enterprise and labor surplus area fines. The grant redpient will take ail necessary affirmative steps to assure that minority firms, women's business enterprises,. and •labor .surplus area finny. are used when possible: Recipients of CDBG funds shall be required to maintain documentation supporting .their "best efforts° -to achieve the Department's goal of 5% minority and 3% womens participation on each CDBG funded project. The Department defines for this program-a minority orwomen owned business enterprise (MBEJWBEj that. has bee~n.established for one year and is 51~ percent-owned, operated and controiCed by minorifies or women. Corporations or partnerships formed merely to qualify as an MBE or WBE for purposes of this program writ not be considered as such. The Department only recognizes minority or women owned firms for this program who are either certified or n3gistered with the Indiana Department of Administration's ~ Division of Minority Business. to order to document that redpients have made their "best efforts'' fo achieve the goal, the following steps shall include: • The solicifation or advertisement. should include language nofifying potential bidders of the Department's minority •and v~comen business -enterprise partidpation- goals orr the projoct:~ •-Tti~e Civil` Ri~tits- Officer will sukmit a' copy of the solicitation. or advertisement to _the •Department of Commerce's- Civil Rights:.Officer. ' ~ .. . - . .. :i/ontact tfie DepartttmenYs' Civil Rights Officer for a referral list of firms in the categories of work needed for the project, including, but not limited to, .professional services, supplies and construction services.. Contact at least two (2) MBENVBE firms from the referral list, notifying them of the impending'bidding opportunifies-and how to partidpate. . X. SECTION 3 -HOUSING AND URBAN DEVELOPMENT ACT OF 1968 - The purpose of Section 3 of the HUD Act of 1968 requires that redpients •of HUD funds . (and their contractors and subcontractors) provide jobs and other economic opportunities to low income persons. Section 3 helps create employment for low income persons and provides contracting opportunities for businesses •that are owned by-low income people-or that-provide-employment to low=income people. employment opportunities available under • Section 3 include accounting, purchasing, word processing,. appliance repair, carpet installation; landscaping, manufacturing, carpentry and catering: ~ - , • Redpients of CDBG funds will be required to trade their project work force performance, and project area business utilization for contractors and subcontractors relative to the hiring and training of .low and moderate income persons and the use of local businesses. The CDBG project service area for Section 3 compliance will be the nonmetropolitan- county. if a recipient receives $200,000- of assistance.for housing and . community development or for rehab or new construction.or"other public construction, Section 3 compliance applies to the whole project • -If contractors and subcontractors •._ • - violation of ~ the- regulations ire .24 CFR part 135. The contractor wilt not subcontract with any 'subcontractor where the contractor has .notice or knowledge #Fiat the subcontractor has been found in violation of the regulations in 24 CFR part 135. .. ~ . - 'E. "The contractor vin'lt~ certify that any.:vacant-employment positions, including training positions,..th~t -are filled: 1~) after the contractor is selected_ but before the - oontracf ~ is executad, and 2)~. with 'persons other. than #hose ~to ~irhoni -the regulations of 24 CFR-part 135 require -employment opportunities to be .directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noricorimpliance with HUD's regulations in 24 CFR part 135 .may result in sanctions, tennirisitjon of this contract for default, and debarment or suspension ' ~frorn future HUD essisted contracts. ~ . .. ~ .~ . G. With respect' to' in-ork pertormed in .connection.•wi#h Section 3 covering housing assistance, section 7(b) of the Indian Self-D.etennination and Education Assistance Act {25 U.S:C. 450e) also applies to the work to be performed under this contract ' Section ,7(b) requires that to the "greatest extent .feasible {I) preference and opportunities for training and employment shall be given to Indians; and {ii)~preference in.the award of contracts and subcontracts shall be given ~to •Indian organrcatfons'and Indian-owned..Econamic Enterprises. Parties to this contract that are' subject ~to-the provisions of Section 3 and Section 7(b}. agree to comply with Section 3 ~~to . the: ma~omum extent feasible, .but not in ' •d~erogation -of compliance with Secti©n 7(b): ~ ~ ~ . ' XI. SECTION 109 -HOUSING AND URBAN DEVELOPMENTACT OF 1874 • No~person in the United States shall on the grounds of races, color, national origin or sex be ~. eicdiidedfrom ~participatior~ ~in, be denied the benefits of or~ be subjected to discrimina#ion urider arty program or activity~funded in whole or.in.part underthis ttile. . .. ~ ~ ~. XII. O~i;CP SUBCONTRACT-NOTIFICATION ~ - ~ ~ ~. ~ . 41-CFR Part 60=4 prflvides That. if the contractor. enters into a contract over $10,000 with a subcontractor, each subcontractor will be required to complete the "OFCCP SubcontractQ~No_tification". Exhibit D and forward it-to- . ~. - U.S. Department of Labor ___ _ _ _ _ Office_of Federal_Contract Compliance . . Birch Bayh Federal Building & U.S. Courthouse ' 46 E. Ohio Street, Suite 419 .. Indianapolis, Indiana 46204... • (317) 226,5860 _ - . The contractor Is responsible for ensuring -that this form is properly completed and forwarded to the above . address.. A copy of this report should be forwarded th the Grantee's Civil Rights Officer and kept in the project file. Xlit_ AFFIRMATiVE~ACTi'ON PROGRAMJPLAN ". ~ ~ ~ . waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, parking lots, drinking fountains, recreation or entertainment areas, transportation and housing facilities provided for employees which are segregated by explicit directive or in fact segregated on the basis of race, color, religion or national origin because of habit, local custom, or otherwise. He/she further agrees that (except where he/she has obtained identical certifications from proposed .subcontractors for. specific time periods) helshe will obtain. identical certification from proposed subcontractors prior to the awards of subcontracts exceeding -$'I O,OQO which are not-exempt from the provisions of the - Equal Opportunity Clause; that he/she will retain such certifications in his/her files; and that helshe will forward notice to such proposed subcontractors (except where proposed - subcontractors have submitted identical certifications for speck time periods}. XVII. OTHER REQUIREMENTS The contractor must 'display the -Civil Rights posters on the project in a location accessible to all employees, regardless of the type of construction project. The Fair Housing posters must be displayed on the project site if the project is a housing project. n LJ SECTION 3 ENVfRONMENTAL REQUIRED LANGUAGE S - - SECTION 3 - ENVIRONIIIIENTAL~ REQUIRED LANGUAGE - 1. Special Conditions Pertaining to Hazards, Safety Standards, Accident Prevention and Lead-Based Paint Hazards (Applicable to contracts for~construction or rehabilitation-of residential.structures funded in part using federal HUD-CDBG. assistance from the Indiana Department of Commerce.) The construction or rehabilitation.of residential structures is subject to the HUD Lead- Based Paint regulations, .24 CFR Part 35. The contractor and subcontractors shall comply with the provisions for the elimination of Lead-Based paint hazards under sub- part B of said regulations. Section 35.14(a) requires, ~No office of the department shall use or permit the use of lead-based paint on applicable surfaces of HUD-associated housing." . 11. Danger Signals and Safety Devices (Modify as Required) The- contractor shall take all necessary precautions to. guard .against damages to proper[ and injury to persons. He shalt erect and maintain in good condition, sufficient • red or warning lights at night, suitable barricades and other devices necessary to protect the public. In case the contractor fails~or neglects to take such precautions, the owner may.:have such tights and barricades. installed and .charge the cost of this work to the contractor.' Sud-i action by-the-owner does not `n:fieve -the contractor of any liability . .incurred under these specifications -or contract. ~ ~ ~ ~ ~ - ~~ Certification of Compliance With Clean Air and Water Acts (Applicable to federally assisted construction contracts and related subcontracts exceeding $100,000.) - - ~ - During the performance of this contract, the contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 43 USC 1857 et seq., and the regulations of the Environmental Protection Agency with respect.thereto, at 40 CFR Part 15, as amended. - In . addition to the foregoing requirements, all non-exempt contractors and subcontractors shall furnish to the owner, the following: _ A. A stipulation by the contractor or subcontractors, that any facility to be . utilized in the performance of any non-exempt contract ~or subcontract, is not listed on the List of Violating Facilities issued by the Environmental Protection Agency (-EPA) pursuant to 40 CFR 15.20. ~ . • B. Agreement by the contractor to comply with all the requirements of Section 114 of the Federal Clean Air Act, as amended; (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended, (33 USC 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 108, and all regulations and guidelines issued thereunder. - SECTION 4 LABOR STANDARDS R • SECTION 4 LABOR STANDARDS A' contractor who enters into a construction contract that ~is funded in whole or in part with federal funds is required to comply with federal labor standards regulations as follows: I. THE DAVIS-BACON ACT (DBA} The Davis-Bacon Act requires the payment of~ prevailing wage rates, which are • determined by the United States Department of Labor, to all laborers and mechanics on Federal construction projects in excess of $2,000 except on contracts for rehabilitation or new construction of a residential property that contains less than eight units. Construction includes construction; alteration' and/or repair, including painting and decorating,. of public buildings or public works. ~ - A project means one or more buildings containing similarly constructed units, the. site(s) on which the building or buildings• is located and any functionally related facilities. Multiple buildings will•.constitufe aproject only if'they are bound together as a result of proximate location, comrnon ownership, and common financing. ~ ~ . _ II. THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (CWHSSA) - ' • _.. . ' CWHSSA ;~~qures ~ time ~ and,. one-half pay :foc,overtime .hours: (over'4p -hours in any workweek), •~worked~ 'on:. the '~covered~ project.. CWHSSA violations carry ~a liquidated" . ~ damages penalty ($10 per day per violation). ~tntentional violations •of .CWHSSA standards aye considered a Federal criminal misdemeanor. While the CWHSSA does . not apply to.contracts of $900,000 or Tess, overtime.pay.ts-stilt .applicably under the fair • Labor Standards Act (ELBA). . ~ ~ ~ ~- ' . III. THE COI'ELAND ACT (ANTI-KICKBACK ACT) •~ ~ - • . , • • ~ ~ ~ . .. .The Copeland Act makes it a crime for anyone to require any laborer or mechanic- . . • employed on a Federal or Federally-assisted project to kickback any part of their. wages. The Copeland Act also requires every employer, contracfors and subcontractors, to submit weekly certified payroll reports. - IV. THE FAIR LABOR STANDARDS ACT (ELBA) _ _ The ~FLSA..contains_ _Federaf -minimum wage-rates -and -overtime-requirements. -These requirements` generally apply to any labor performed and may be pre-empted by other Federal standards such as the DBA prevailing wage requirements and CWHSSA overtime provisions:. Only the Department of Labor (DOL}~ has the ,authority •#o .enforce FLSA. HUD will refer to the DOL any possbie FLEA violations that are found on HUD • projects. - ~ . V. REGULATORY PROVISIONS The U.S. Department of Labor (DOL) has published rules'and regulations corresponding to the Davis-Bacon Act, CWHSSA acid Copeland Act administration and enforcement in the Code of Federal Regulations (CFR). These regulations can be found in Title 29 CFR Parts 9, 3, 5, 6 and 7. posters won't be destroyed. by wind or rain, etc. These posters may be obtained from -the Labor Standards Officer. ~. No contractor or subcontractor may employ workers under the age of 16 years on this project. XI. CERTIFIED PAYROLL REPORTS ~ ~ ~ - - Certified weekly payroll reports, W H-347, (Exhibit G) shall be submitted weekly 'by each contractor and subcontractor.. to demonstrate :compliance with the labor standards requi"rements. The~principai contractor is responsible for full compliance with regard to its 'own workforce and with regard to the compliance of every subcontractor. For this reason, all certified payroll reports and any related records are submitted to the Labor Standards Officer Through the principal contractor. _. Each weekly payroll shall- be accompanied by a "Statement of Compliance", WH~48 (Exhibit H~ which shall be executed by the original signature of the principal executive of the contractor or subcontractor, or of a person authorized in wrjting. by the principal executive. The falsification of either of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 Title 18 and Section 231 of Title-31 of the United States Code. Failure by any employer to submit the'required records or to make them available, or to ._ ...permit on-site employee interviews may, after written notice to the contractor, cause a • ~ ... _ _ ~ suspension of any further payment; • advance or guarantee of funds. In addition, failure: to submit .the records:: on.~ request. or . to make them available may be grounds for> ~. .. ~~deti~rrnerif~action pursuant to 29.CFR-5.12.- .: ~ . ~ '.. .. ~.XII. ~ CONTRACTOR CER7'1FICATION ~ ~ ~ - The General.- Contractor shall complete and fonnrard .the completed.. °Contractor's Certification" form (Exhibit 1), signed 6y an authorized repnrseritative of the contractor, _ ~ to the Grantee's Labor. Standards Officer, before any work fs performed on the ro ect.- . Xlil. SUBCONTRACTOR CERTIFICATION Ail subcontractors shall ~cornplete~ and forward- the completed . "Subcontractor's Certification" form (Exhibit J), signed ~by an authorized representative of the contractor to the Grantee's Labor Standards Officer, before any work is performed on the protect. • It is the responsibility of the General Contractor to ensure compliance by ail _ subcontractors,_ nduding second_and third tier subcontractom!-with this requirernent. XIV. VERIFICATION OF FRINGE BENEFIT PLAN The Grantee's Labor Standards Officer -shall require-_the General Contractor and all subcontractors to provide -verification. of fringe benefit packages before anLr work is • performed on the profecf. ' XV. CONFIDENTIALITY The identity of any person providing information concerning tfte labor standards compliance of any contractor or subcontractor shall. not- be disclosed in any manner to anyone other than authorized local or federal officials unless written consent is provided E i" .. i i =IO=S=HA= S A F E T Y A N D P R D T E C T Ttisineant a fns Ind'ona Occupational Saferyand Health Act a 1974, Indiana Code 22-8-t.t, is to aasuro, ao tar as possible, safeand heaNhlui work- - ing conditions tar ihs workers )n Me Stale. The Indiana Department of Labor has primary re- sponsbitiry for administering; irid enforcing the Act and Me safety arnd,pealih standards prom- , ulgatedunder its provisions_ Requirements of the Act include the following: "EMPLOYERS: Each employer shall establish and maintain t:~- dtbns of work which are reasonaDy safe and heaNhlul !or empbyees and Irea Irom recognized hazards that aro causing or Ilk cry to taus a death or serious physipl Hann to employees. The Ad fur Cher requires that empbyers compry witA the Oc- cupational Salery and Health Standards, Rules and Regulations. EMPLOYEES: All amployeea shwa comply wdtr pCC{IpaUOnai eatery and heaNh standards and all rules, regula- tions, and orders Issued under the Act whah are appiicaWe b their own actions and conduct INSPECTION: The Acl requires that an oppoAUmry Ue provided for employees and (heir reprosentatrves Io Cuing poas~le safely and health viotatlons b the anon-. hon a The Department a labor Inspector m order ro aid •tt+a nspedwn.~Tlus requirement may be. IulfiNed tljt aNowmy a representalwe of ttie•em-. ployaes and a roprosentatrve of Ifie'empfoyer to accompany the Mspedor dunng mspect'an Where Itlere IS no smpbyee ropresentatnrs,ihe InspeGOr ahatl consult wine a reasonable number a employees. VIOLATION NOTICE: When an aneged violation a arty provision a s Ad has occurred. The Department a Labor sh promptly issue a wrlttsn order to the smploy~ who shall be required to post N pominently at neartheplacewhere Me aaegedviolatianoceune until it iS made safe and required safeguards a. provided, or 3 days whichever is bnge-. PROPOSED PENALTIES: The'Ad provides for CML peneNlee of rxx mom the ST.000 for each serous vbtatbn and for CIVIL pone Iks of up b Srooa for each narsedan vtolatlor Airy empbyer who fafls b oorrect a vk9ation with6 the prescnbsd abatenisM period may be a+seesed ~ CIVIL peniiNy a not more lean s7.aoo ra eaCt da; beyond the abatement date doming whkh writ viola tiara coritirxres. Abo, any nriploY'ar nho knowLgy a repeatedly. vkilates CIe Act may be assessed CIViI penalties a not mors•nterl 570.000 for eadt vlolatlon A mtnirnurn penalty a 55,000 may be inposed loi each knowkrg vblatlon. A oblation a post6ig roqutre• rnanb can bring a penehy of up b i7,0o0. V(.1LUNTARY ACTIVITY: TheAct encourages efforts bytaborand manage- ment, babre The Department a Labor inspec- tions, to reduce miuries and dinesses arising out a empioymenL - • 0 NI 0 N HT A L T H E COMPLAINT: Employees haae the nght to Ide a complaint with The Oepartnient a Labor. Them shat) be an m- spectwnwhere roasonabb grounds exist fW The Department a Labe to Defieve there may tie.a Aazard. Unless permission Is green by the t:m- ployees ~mptainirig to rotease ttie:rr names. they will be withheld kom-ihe employer. Telephone Number • qt 7) 232-2s9:i. The Act provides That no employer Shan dis- charge, wspend a otherwise discnmmale xn terms a conditrons of empkrymenl against arty employees br Men ladura or refusal to engage M unsafe prachees or br hung a complamLlestirying o- omeriwse acting to exercise thou ngnts under the AcL Employees who believe they have been .die-_ cnmmated against may file a compWmt wuh The Depanment a Lat>orwlthin 30 days of the ageged discnmmaiwn. Please note That extensions of the 30 day fil'uq requirement may tie.granted under certain special circumstances, such as wherrine erripioyer has eonceated: or misbd the employee mgarding the grounds for discharge However a grievance-arbdralbn proceed"uig which Is pend- ing would na be considered justihcalion for an extension a the 30 day fifing.pariod. The (',om- missioriar atabor shah klyesNyaro said taxtr plaint and upon fording discrimination invlaation a the Act: snare order the smpbysr to provide necessary roliel b the smployeea. This relief may ineluiie rehirirp, roinstalemenl to rate job with back pay and restoration of sanioriry. Ail employees areralso atlo-ded'prolection tram disaiminalbn under the Federal Occupational Safety and Heefth Ad and may file a complaint with the U.S. Secretary o/ Labor within 30 days a The AU encourages employers and employees to reduce workplace hazards vokrrilanly rind b de- vebp and•unprove safety and heath programs to aN workplaces and irlduslries. Such coopentrve action would initially focus orI Hie ~ntthcauon and elirnlnal"iona hazards Mal could cause death, Injury, or ipness b employees and wperwson The Ad provides a eonsuitabon service b assist in vokmtaryCOmpiiance and givsrocorrunsndal""ions for the abatement a Gted violaliona. This saaics is avadabte upon a written request koin the em- ploylerb the~8uroau~aSately.Edugtan andinin• ingiF3uSET,).Tsbphone Nurnbar-{3171232+2688. COVERAGE: The Ac! does nOt covet thiSSB hired br domestic semce fn or about a prnnte flame and those covered by a federal agenty.ittose4xempted ken The Ad's Coverage meltxie employees en maritime services: who are covered by U.S. OepaMient of labor. and employees m atomic energy activities who am covered by the Atomic Energy Commisswn NOTE: UrWer a plan approved March 6.1474, by Ms U S H eanh Administration (OSHA), Ilse State a Indiani is providing job eatery and health preledion to workers throughout the State. OSHA wiN monrb the operation a this plan to assuro that continual approval is mentedAny person may make a tmrt' plaint regardirp the State administra-flail a tni plan duecny b the OSHA Regional ONics: Regior a1~Adnlinislrator, Regwn Y, U.S. Department r. Labor, Occupatfonaf5alery and Health Admink tration, 230 Sount Dearborn Skeet, Chicago. 11 kiois fi0604,Telaphone Number-~312-353~2221 MORE INFORMATION: WDUrtA D[pARTMt7dT OF 1.A80R +02 west Washirgtail Skeet. Room W 185 kxAanapois. kidiana 462oa Tskiphorie: f31T) 2~-2e55 .~ ' ll.S. DEPARTMENT OE LABOR - F.IVAPLOYMENT STANDARDS ADMINISTRATiOti Wagrsnd Hour Dlrislon . Washington. D.C. 202'10. , I i ;' f I u - tMEH r pc •~4 ~s Q :` `~~ •~e r w `"ORATES OF'~ . ~ EMPLOYEE POLYGRAPH PRQTECTION ACS' The Ernployee Potygraph Protection Act prohibits most private employers from `stag tie detector tests either for pre-employment screening or during the course of employm . PROHIBITIONS ~ ~ or b a ucant to tyttployers are generally prohibited from requiring or requeating any employee Ja PP take's Ile detector test, fa ore usln~to tier e~ a estlort f~or~ exderot~sing otheg rights under thelo~ or prospective employee g Q(EMPTiONS' . ~ - ~ - ~ ~ ~ ..- Federal, State and local governments are not affected by the tavr. Also, the twin d~' n'tsa~ppuint+o tests given by the Federal Government to certain prh-ate Individuals engaged• related activities. - - me Act permits poygmPh (a kind of ue detector) Tests to be adminiatered In the private sector. subject to restrictions, to certain prospecthre emP-oyeea of security service firma {armored car, alarm. and guard), and of pharrrtaceutlcal manufactures, dlstritwtos and' dispensers. ' . The Act also permits potygraph testing, subject to restrictions, of certaln.empl4Yees of Private Ilrms who are reasonably suspected of involvement In a workplace Inddenl (theft,'embezziement, etc.) that restated In economic loss to the employer. • pCAMiNEE RIGHTS - - Where polygraph tests are .pemritted, they are subject to numerous strict standards concerning ~ coctduct and length of the test. Examinees have a number of specific rights. Inctuding the [ fight to a written notice before testing, the right to refuse or dtscontlnue a test, and the fight not to have test results disclosed to unauthorized persons. _ ENFORCEMENT - • The Secretary of Labor may txing court actions to rllc~anats ma also bring the r ovm ~Wt elctbns to 510.000 against violators. Employees or job app _ Y _ _ _ _ ADDITIONAL INFORMATION :. - ' • • Addltlonal,lnformatton may .be obtained, and compiatrits of violations may be filed. at local ' oltlces of the tNage and Hour Division, which are listed In. the telephone. directory under U,S. ~v~nment, Department of Labor. Ernployrrtent Standards Adminlstratlon: • - THE LAWREOUIR RFA~PLY S~ TO DtS?LAYTHIS POSTER Wi'tERE EMPI-OYEES AND d08 APPLICANTS C•/-N 'The law does not preempt arry prgvlalorr of any State o~locatlaw or an_y collective bargaining . agreemenl.which is more restrictive with respect to ile detector tests. , ~ - - U.S. DEPAR77dF.NT OF LABOR t:MPL01-MEHT 51/1NltARDS ADMMtSTAATION w.Q..•d HoYr Dl.r~ton ~.s...o.....-.K~..;a _, YYH Puh~ntlan t4a2 , tirvtr+.o.r teas i, c ,7Pf19Rr196Ift At . H.7flr //~ - _- E • - E ual Employment opportunity is q - - I I •~ ~ ~ ~ - f Employers Private Employment. Programs or Holding Federal State and Local Activities Receiving Contracts or Governments, Federal Financial Educational I~istit>.itions Assistance i Subcontracts - RACE, {OLOR, NATIONAL Gcarsrs to and employees of Appl~tants m and employees of most private emplayees. 1 ~pames with a Fedenigovern- sore and Iopl governments, eduotional instrcunons. ORIGIN, SEX men[ ComtTacc or. subcontnu arc employment agenues and labor organtutrons arc protected In addidon ro dw procession of Tide protected under the fdkwnng undo the Fogowmg Federal laws: VII of the Gvil Rights Act of 1961. Federal auchontxs: Talc N of the Chat Rights Act pra- i RACE. COLOR. RELIGION, SEX, NATIONAL habits discnminadon on the bass of rats. color or national ong,n m pro• ~ RACE. COLOR, RELIGION, OAIGIN grams or acdvides receiving Frdenl l - SEX, NATIONAL' ORIGIN Tide VII of the Cwd Rtgha Act d 19G1. as amended. pro• fnuuusl assistance. Employment habits discnrrunauon to hmng. promotion. discharge, pay. distx~mmaaon s covered by Tide VI Executive Order 11216. as amendsd prohibits.lob disrnmustwn on the fnnge benefits. lob tnmmg, dassifiaoon. referral and odor d the pnmary objective of rha nan- bass of race. cobr, religion, sex or aspects of employrrnnc on the basis of nct, color. religion, dal assisonee K provision of sex or naponaf ongm. employmene or whets employment national ongin. and rerltnras affirms- discnminadon causes or may Huse pve acnon toensure _egWrty of . disuiminaoon in ~providtng serinccs I opportuitit7 in ail a5pect3 of empty- D15ABILITY _ wider such programs- Tide IX of menc ~ the Eduadon Amendments of 1972 The Amenans vvtth DisabtTioes Aix of 1490. as amended. bits gnployment discnmmaaon acts qualibed applicants and empbyees Hoch disabliues PfOh' Prot on the basis of sex in edunaonal INDIVIDUALS WITH kom diserunusaoort m lining, protnooon. disclsarge, paX )ob FrofYa^'s or acdvides which receive ! DISABILITIES ~i^i^g' Frnge benefits. classifiadoa refernt,and od-er F'sderil azsisance 1 aspects of employment on the basis of diiaM7xy. Ths law . t Secdon 503 of.che RehabOwuon Act also requires that covered enoaa W'ov'de 9uaffied aPPn' ( of 197]. as amended. prohibits lob ~~ ~ employees with disabiTttes with reasonable atcom- diseriminadion because of a dtsabiGq modations dtac do Hoc impose undue hardship. 1 NDIVIOUALS WITH and requrn:s affirmacivs action to DISABILITIES empty and advance m rn,pioyment - Section 501 of she Relsbili[acion qua0fied,indrriduals with disabdioes pG E • who, with roasonable accommoda- 1 c Aa of 1967, as I-cc of 197]• as amended. prohibus non, can perform the essentul font- The Age Dtstrtmmaoon n Emp oymen empbymeac discrimusadon on the Dons of a lob_ amended- protects aPPltcros and employees i0 years of age basis of a disabiliq in any program or •~ or older Iron d+scrunmation on the basis of age in hiring- acanq, which raeeives Federal finsn- r promotion, disdsarge, eompensatron. term;, condtcions or cial assistance. piscriminadon h j YIETHAM ERA AND r privileges of empoymenc prohlbked in aN aspects of employ- . SPECIAL DISABLED menc against persons siitth dfsabilides who, witfi nasonable accommoda- VETERANS SE}( (WAGES) cion.an perforrnehe essendai func- 38 US.C. '{212 of the Vietnam En M addiuon to sex discrim,nadon prohibited by Tide VII of twos of a job. -~ Vecerams Readjusvnerrc pssistance thr Civil Ri¢ics Act isee above). the Equal Pay Att of 19b3, Act of 197 prohibits (ob discritruna- ss amended. prohibits sex dscriminadon in payment of If you believe you have been rformm substantia 1 - net in a_prognm __ donand_requires alfirmsdvd acdon_ __ wages_co.woS~S?!_pnd menpe ___--~_g __ _Ihh_M!°_ ___ ~ ?gil _ to employ and adr+nce in empty- work in the same esabiishmmc of any Insdmdon wFskhshouldss menc quaGSed Vietnam en veterans Realiatlon agamsc a person who fdes a charge of discrimina• Feder+l assisance, you - and uolified spedsi disabled vecer- Dora. participates m an irivestigadon, or opposes an unhvrfisl contact hmiediaceiy the Federal ans. q employment pracoca u: prohi'b'ud by all of these Federal agency providi^g sucfi assistance. Atli, Person who believes a contnc- • for has violated Its nondlserbnlna- don or affirmative action obllpdons under tM auchoridss above should • contatt Immedutely: The OHlce of Federil Consnct Compilanu Programs (OFCCP), Employmenc,Sondards Administndon, IJ.S- Oeparcmenc of Labor (DOL). 100 Constlwdon Awnuc. N.W_. Washington, D.G 20210 or till (202) 219-9368 (OOL~+ toil-free TDD nurssber for individuals vnth MsNng impairments is (8001 326- 2577), or an OFCCP ngwnal or ~~~- trieL oMlee. listed In most eelephone .I.Nr...ro~....wn~r U_i Gonrnmmt. lays. .. . 1I you believe clue you have been disviminaad against under any of ti-e above lays, you immediatdy should contact The U1 Equal Emiployment Opportunity Commission (EEOC). 1801 L Screen N.W_ Vl/ashingwn, QC. 20507 or an EEOC field of8a by ailing ~e^~1 QCs toll Free TDD individuals with heanng knls number is (800) 800-]302 i~ 1 i :_ -~ The Indiana Civil Rights Cornrnission is the state agency that enforces the Indiana Fair Housing Act. It is illegal to deny anyone housing because of race, religion, color, sex, disability, national origin, or -familial status. ~M~ sTwr~ c,. . „°' ''~ Aso ~ sr ~~ The Indiana Civil Rights Commission 100 North Senate Avenue, Room N103 Indianapolis, Indiana 46204 ~® i 1 t i i 1 r ~J Exhibit SECTION 6 EXHIBITS TABLE OF CONTENTS ' A - CDBG Disclosure Report B - Request for EEO-1 Report with °Sample' Form C - Section 3: Economic Opportunities for Low and Very Low Income Persons D - OFCCP Subcontract~Notification E - Federal Labor Standards Provisions F - Wage Determination G - Payroll Report (WH-347), Including Instructions and Sample. H - Statement of Compliance I ~ - Contractor's Cert~cation Concerning Labor Standards. arid Prevailing Wage Requirements J - Subcontractor's Certification Concering Labor Standards and Prevailing Wage Requirements K - Record of Employee Interview Labor Standards r - - DCHIBIT ~ • CDBG DISCLOSURE REPORT - - PART I -APPLICANT/GRANTEE INFORMATION 1, Applicant/grantee name, address and phone number - 2. ~ Indicate whether this is - ~ initial Update Report Report O D - Grant Number (Updated only): - Federal employer identification number: . 3. Project Assisted/to be Assisted. " - a. Fiscal year. " b. Entitlement grant(s) O ~ - • Competitive grant O _ c: Amount requested/received: .......:.~.... ~ ....::.................. - d. Program income to be used with c. above: .. ..................... , . - e. -Total of c. and d .:................ ............................ . PART It -THRESHOLD DETERMINATIONS t 1. Is the amount listed in 3.e. (above) more than $200,OOD? 2. Have you received or applied for other HUD assistance (through programs listed in Appendix B of the instructions) which when added to 3.e. (above) amounts to more than $200,000? fes No ^ ~ if the ariswer'to either 1. or 2. of this part is °yes°, then,you must corriplete the remainder of this report. ~f the answer to ~.1. and 2. of this part is "no°, then you are not required to complete the remainder of this report, but must sign the following certification. t hereby certify that this information is true. (Chief Elected Offiaal) (Date). PART IV -INTERESTED PARTIES Alphabetical List of AI! Persons with a Reportable Financial Interest in the Project Social Security No. or Employer ID No. ~ Type of Participation in Project Financial Interest in Project $ and •~ - _ ~ ~ . r __ _ __ - __ _. r L U E E -O. T INSTRUCTIONS FOR COM~LETI~N •F ~ISCL~S APPENDIX A . All applicants for CDBG grants after March 16, 1992, must complete and submit with their i applications, Parts I and 11 of the Disr~osure Report. At the completis~n of Part I! of the report, some applicants will firid'that they-must~complete Parts tll, IV, V, VI of the report. . • Part I requires the applicant's name, address, phone and Federal Employer•Identification number, indication as to whether this is an initial report or an update (all applicants-will check the initial report box); the fiscal year CDBG funds subject to the disclosure; acheck-~asrto~whether the disclosure is related to an emtitlement or competitive application; the amount of CDBG~funds being i requested; the amount of any CDBG program income that will be used with the CDBG grant; and, the total amount (grant and program income). - I Part 11 asks two questions. If the answer to both questions is 'no', the applicant must provide-the certification at the end of Part II, but is not required to complete the remainder of the report. !f the answer to either question is "yes", then the applicant must complete the remainder of the report. i Part i11 requires information on any other Federal, State and/or local assistance that is to be used in conjunction with the CDBG project. . Part IV requires the identification of interested parties. Interested parties are persons and entities with ;a reportable financial interest- in the project. ~ ~ If an..entity is being .disclosed,: the - ~ "disclosure in Part lV must include an ident~cation ~of each officer, director, principal stockholder or.other official of the entity. All consultants, developers or contractors involved ~in the~application for CDBG assistance, -or in the planning, development or-implerr~entation of the project, must be ' identifed as an interested party. Also, any other person or entity that has -a .pecx~iar~- interest in the project that exceeds $50,000 or 10 percent of the CDBG assistance, whichever~.is tower, must be listed as an interested party. Pecuniary interest means any financial involvement in the project, including (but not limited to) situations in which a person or entity has an equity interest- in the project, shares in any profit or receives compensation for any goods or senvices provided in conjunction with the a project. (The following are not considered interested parties: local CDBG - administrative staff, reapients of housing rehab assistance, and rehab contractors as tong as the rehab agreementis between the property owner and the contractor.) . • ~ It is real'~zed that at the time of application, applicants may not be aware of all interested parties since contracts and agreements for goods and services are not generally awarded until after notice of grant award. Subsequent to grant award, as projects are being implemented, funds wilt Ise -committed to-interested--parties-whisk-will--necessitate-the submission--of-an updated --- Disclosure Report. However, if an applicant for CDBG funds identifies, under Part III of the Disclosure Report, other governmental assistance that is to be used,in conjunction with projects _ funded with~CDBGfunds~and, if-these other-funds have been committed to-interested.parties,~then ' these interested parties must be identified in Part lV of the initial report . • Part V requires applicants to identify the sources and uses of all funds to be used in conjunction with the CDBG funded project. The sources and uses must include all the other assistance identified in Part III as well as the CDBG funds identified in Part I, items'3c and 3d. Part VI requires the certification of the Chief Elected Official. Joint Reporting Committee ~Fqual Employment Opportunity Commission .Office of Federal Contract Compliance programs (Labor) EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER INFORMATION REPORT EEO-1 Standard Form 100 (Rev. 492) O.M.B. No. 3046-0007 DQ~IRES 12/31/93 • Obtain copy from: •1oo-21s • - - Joint Reporting Committee • P. O. Box 779 • r ~TTENTIONIl11 Norfotlc, VA 23501- Phone: 804/461-1213 r'OMPLETE THE ATTACHED "REQUEST FOR EE0.1 REPORT' AND FORY~IARD IT TO: • Joint Repo_ rting Committee P. O. Box 779 - _ - . Nerrellc_ VA 23501 ..~~o..... - - - -- . Indicate by marking in the appropriate box type re nl BO?~. (i) ^ Single-estabiis ent Empl yer Rep / ~.. $ 'UMrA1V Y IUCIV ~ 1 r+r rv ~ ~ ~ 1. Parent mpa . a. Na parent ixi ~• an ~ ..• r ~ s .` -. i$ • Address (Number a - ... ... . City or town 2 1_stablishment for which ~ ~ rt~~' e O same a's Ire form is submitted (MARK ONLY ONE nt Employer. Tort (Required) t Report (Required) shment Report (submit one for each or more employees} .OFFICE USE ONLY a. b. d. a. iwanres w c~w.,~.r.~•-..• Address (Number and street): r City or Town - y .. - County - . S to Zip Code - - . 8. h Fmniever identification Numbe S 9-D IT TAX NUM ) f. c. Was an EEO-1 report. filed this establis ~ e ~ t. ~ ^ •1~~ ~ ^ No • Section C -- EMPLOYE .. R ~IRED TO FILE (To be answered by all employers) -_ - __ __ -- --- ^ Yes ^ No 1. Does the entire com ny have at le t 100 employees in the payroll period forwhich you are recording? ^ Yes ^ No 2. ~.Is your company affilia d tiro . mmon ownership and/or centralized managementwith other entities • in an enterprise with a ~ ployrrient of 100 or more?~. '^ Yes ^ No 3. Does the company or any of its estab{ishments (a) have 50•or more employees ENQ (b) is not exempt as • provided by 41 CFR 60.1.5..~t .2 e'ittier (1) is a prime government contractor or first tier subcontractor, and had a contrail, subcontractor or purchase order amounting to $50.000 or more, or (2) serves as a depository of Government funds in any amount or in a financial institution which is an issuing and paying • agent for U.S. Savings Bond and Savings Notes? If the response to question C-3 is des; lease enter your Dun and Bradstreet identification number rf you have one): NOTE: If the answer is yes to questions 1, 2, or 3, complete the entire form, otherwise slap to Section G. ~NSM 75-50-00-160-6384 • Federal Labor Standards Provisions U.S. Department of Housing n and Urban Development -~ ~- EXHIBIT E Applicability The Project or Program to which the construction work covered by this contrail pertains is being assisted by the United States of .America and the.following Federal Labor Standards Provisions are inducted in this Contract pursuant to the provisions applicable to such Federal assistance. . A.1.(7 Minimum Wages. All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Ad of.1937 or under the Housing Ad of 1949 in the construcion or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction oC. 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 cysts reasonably antidpated for bona bide fringe benefits under Section 1(b)(2) of the Davis-Bacon Ad on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subjeil to the provisions • of 29 CFR 5.5(a)(1){nr); also,~regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under ~lans, 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 ofwork adualty 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 dassfication may be compensated at the rate specified for each classification for the Time actually worked therein: Provided, That the employer's payroll records accuratety set forth the time spent in each classification in which work is performed. The wage determination (inducting any additional dassifiption and wage rates conformed under 29 CFR Part 5.5(a)(1)(i) and the Davis-bacon poster (WH-132'1) shall be posted at all times by the contractors and its subcontractors at the site of the work in a prominent end 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 contrail shall be classified in conformance with the wage determination. HUD 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 class cation in the• wage determination; and (2) ~ The ctass~cation is util'~zed in 'the area • •by the construction industry; and (3) The proposed wage rate, inducting any bona fide fringe nefits, bears a reasonable relationship to the wage rates . ntained in the wage determination. ~ • • (b) If the contractor and the laborers and mechanics tb be employed in the classification (f known), or their representatives, and HUD Qr its designee agree on the classification and wage rate (inducting the amount designated for fringe benefits where. Previous Edition is Obsolete 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 n+ceipt 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 Offrce 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 ~dassification ortheir representatives, and HUD or its designee do not agree on the proposed classification and wage rate (nduding the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the review of ati' 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 tine is necessary. ~ {Approved by the Office of Management and Budget under OMB Control Number 1215-0140). (d) The wage rate (nduding fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this . paragraph, shall be paid to all workers performing work in the dassification under this contract from the-first day on which work is performed in the dassfication. ~ . • ~ (i) Wheneyer•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 benefid as stated in the wade 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 of the wages of any laborer or mechanic the amoul~t of any costs reasonably antidpated in providing bona fide fringe benefits under- a plan or program, provided, that the Secretary' ofLabor has found, upon the written request of the contractor, that' the applicable standards of the Davis=Bacon~Ad have been met. The Secretary • of tabor may require the contractor to• set aside in a separate account assets for the meeting of obligations under the pian or program. (Approved liy the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD orits 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 _cgntractorunclerthis contrado[_any~ther_Federal-contract with they---- same prime contractor, or any other Federally-assisted contract subjeil 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, inducting apprentices, trainees and helpers, employed. by the contractor or any subcontractor the full amount of wages required by the contrail. In the event of failure to pay any laborer or mechanic, inducting any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Ad 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 contrail, HUD or its designee may. after written HtJD-40'10 (2-84) (HB 1344.1) (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 ork performed unless they are employed pursuant to and individually registered in 'a program which .has received prior approval, evidenced by formal certificatiorby.the U.S. Department of Labor, Employment and.Training Administration_ The ratio of trainees to joumeymen 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 joumeyman hourly rate specified . in • the applicable wage .determination. Trainees shall be' paid fringe benefits in acxordance with the provisions of the trainee program. ff the trainee program does not mention fringe benefits, trainees shalt be paid the full amount of fringe benefits listed on the .wage determination unless the Administrator of the Wage and'Hour Division determines that there is an apprenticeship program associated with the corresponding joumeyman 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 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 contractorwill no longer be permitted tp utilize trainees at less:than the applicable predetermined rate for the work erformed--until:an acceptable program is approved. (rir)Equal.?~.'eniployment opportunity. The utilization of apprentices, trainees and joumeymen under this part shall be in _ cooformiiy;~with~~ie equal employment opportunity requirements of the~Executi-ve'`O.rder 11246, as amended, and-29 CFR-Part 30. - 'S. Compliance with Copeland Act requirements. The cortractor'sht311~~domply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. '.li: Subcontracts. The contractor or subcontractor will insert in any subcontracts the dauses contained in•29 CFR 5.5(a)(1)through (10) and such other dauses as HUD or its designee. may by appropriate instructions require, and also a dause requiring the subcontractors to include these dauses in any lower tier subcontracts. The prime contractor shall be •responsible for the compliance by any subcontractor{or lower tier sutx~ntrailor with all. the contract clauses in 29 CFR Part 5:5. 7. Contracts termination; debarment A breach of the . contract dauses 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-contrail. - - -- 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contrail shall not be subject to the general disputes dause of this contrail. Such . disputes shall be resolved in aexordance with~the procedures of the • Department of Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes rthin the meaning of this dause indude disputes between the • ~ntractor (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 certfies that neither it (nor he or she) nor any person or firm who has• an interest in ttie contractot's'firm is a person or firm ineligible to be awarded Govemment contrails by virtue of Section 3(a) of the Davis-Bacon Ad or 29 CFR 5.12(a)(1) ar to be awarded HUD contracts or partidpate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contrail shalF be subcontracted to any person or firm ineligible-for award of a Govemment contrail by virtue of Section 3(a) of the Davis-Bacon Ad or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or partiapate 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 -10'10, -Title 18, U.S.C_, . 'Federal Housing Administration irensadions:, `provides in part `Whoever, for the purpose of. influendng 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 iwo 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 dischaFged or in any other manner discriminatedagainst by the Contractor or any subcontractor because such employee has filed any complaint or instituted- or caused fo be instituted any proceedings or has tesbl'ied or is about to testify in'any proceeding - under or relating to the labor standards applicable under this Contract to his employer. - B. Contractor Work Hours and Safely Standards Act As used in this paragraph, the terms 'laborers' and 'mechanics' -indude watchmen and guards. (i) Overtime requirements. No contractor or sir4contractor contracting for any part of the contract work which ri;3y. require qr involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any work wee[c in whicFi'•he or she is employed on such work to work in excess`of forty,tirJrs in •such work week unless such laborer or mechanic receives compensation at a•rate not less than one•and.one-tialf.timesthe basic rate of pay for all hours worked in excess of•forty hours in such work week. -~'_ - - (2) violation; liability for unpaid wagesa 'liquidated damages. In the event of any violation of the dause set fortri'in subparagraph (1) of this paragraph, the contrailor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liabte.to-the United States (in-the case of work done under contrail 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 respell to each individual laborer or mechanic, -inducting watchmen and guards, employed in violation of the dause 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'eight hours or in excess of the standard work week of forty hours without payment of the overtime wages required by.the dause set forth in subparagraph (1) of this - paragraph. - (3) - Wittrholding 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 - pajrable on account of work performed by the contractor. br 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 dause set forth in subparagraph (2) of this paragraph. HUD-4010 (2-84) .WAIS Document Retrieval ~ENERAL DECISION: IN20030004 05/05/2006 IN4' Date: May 5, 2006 General Decision Number: IN20030004 05/05/2006 Superseded General Decision Number: IN020004 State: Indiana Construction Type: Building Counties: Brown, Clark, Dearborn, Decatur, Fayette, Floyd, Franklin, Harrison, Henry, Jennings, Ohio, Randolph, Ripley, Rush; Switzerland, Union and Wayne in Indiana. DEARBORN, FAYETTE, FRANKLIN, OHIO, RIPLEY SWITZERLAND AND UNION COUNTIES BUILDING CONSTRUCTION PROJECTS (does not include single family homes and apa tments up to and including 4 stories) Modification Number Publication Date 0 06/13/2003 1 06/25/2004 2 07/16/2004 3 07/23/2004 4 09/17/2004 • 5 10/29/2004 6 11/05/2004 7 12/24/2004 8 02/04/2005 9 03/04/2005 10 04/01/2005 11 04/22/2005 12 05/06/2005 13 06/03/2005 14 06/17/2005 15~ 07/08/2005 16 0.7/22/2005 17 08/05/2005 18 08/19/2005 19 09/02/2005 20 ~ 09/16/2005 21 11/25./2005 22 12/16/2005 23 01/27/2006 24 ~ 02/].0/2006 25 03/03/2006 _ _ _ -26 _ . _ 04/07/2006 _.. _ _ _ 27 05/05/2006 ASBE0008-004 07/01/2005 ~ARBORN., FAYETTE, FRANKI.,IN,•OHIO, RIPLEY SWITZERLAND AND UNION UNTIES Rates Fringes Asbestos Workers/Insulator x. Page 1. of 20 file://C:Documents%20anci%20_~gs\gi~norse\Local%20Settings\Temporary%20Intern... 5/10/2006 ,~.. WAIS Document Retrieval (Includes application of all insulating materials, protective coverings, coatingts & finishings to all types off mechanical systems)...$ 23.18 10.44 ' 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)............$ 16.85 5.40 ASBE0018-001 06/01/2005 BROWN, DEC~TUR, HENRY AND RUSH COUNTIES Rates Fringes Asbestos Worker (includes application of all insulating materials protective coverings, coatings and finishes to all types of mechancial systems)............$ 27.83 10.62 Hazardous Material Handler • (includ~s preparation , . wettings, stripping, removal, scrapping, vacuuming, bagging & disposing of all insulation. materials, whether they ' contain asbes'.tos or not, from mechanical systems)... .......$ 17.55 8.4.0 ASBE0051-003 101/01/2005 CLARKE, FLOYD, HARRISON AND JENNINGS COUNTIES Rates Fringes Asbestos~Worker (Includes application of all insulating . materials, protective coverings, coatings and, finishings to all types of mechanical systems)............$ 22.03 $.79 Hazardous Material Handler (_includes_preparat-ion., _ _ _ __ __ wettings, stripping, removal, scrapping, vacuuming, bagging & clispo~ing of all insulation materials, whether they contain asbestos or not, from. • -mechanical systems):..........---1755-------------g.40~------ ASBE0079-002 06/01/2004 RANDOLPH AND WAYNE COUNTIES Page 2 of 20 file://C:\Doc~unents%20and%20Settings\gttnorse\Local%20Settin~s\Temnorarv%20Tntern.__ 5/1 n/~nn~ .. WAIS Document Retrieval Page 3 of 20 Rates Fringes • Asbestos Worker (Includes application of all insulating materials, protective coverings, coatings & finishngs to all types of mechanical systems)............$ 21.75 8.19 Hazardous Material Handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging & disposing of all insulation materials, whether they contain a bestos or not, from mechanical systems))...........$ 15.75 4.25 BOIL0105-002 10/01/1992 DEARBORN AND SWITZERLAND COUNTIES: Rates Fringes Boilermaker ....................$ 21.75 5.56 BOIL0374-001 01/01/2006 REMAINING COUNTIES • Rates Fringes Boilermaker ............. .....$ 30.00 16.07 --=------------------------------------------------------------- BRIN0004-019 12/01/2005 LOUISVILLE CLARK, FLOYD AND HARRISON COUNTIES Rates Fringes Bricklayer .....................$ 21.68 7.'95 Marble, Tile Layer & Terrazzo . Worker.. .....................$ 21.14 ~ 4.70 Tile Fini'sher ..................$ 14.64 4.05 BRIN0004-022 12/01/20'05 BROWN, DECATUR, DEARBORN, JENNINGS,OHIO, RIPLEY AND SWITZERLAND COUNTIES __ __ __. _ _._. Rates Fringes .Bricklayer, Stonemason......... $ 24.86 7.15 Terrazzo Finisher .............. $ 18.19 4.35 • Terrazzo Worker ........:::::• . •Tile & Marble Finisher. . $ $ 28.11 19.03 7.42 4.35 Tile & Marble Setter; Mosaic Worker ......................... $ 27.57 7.32 BRIN0019-002 12/01/2005 file://C:\Docents%20and%20S ettings\gtmorse\Local%20Settings\Temporary%20Intern... 5/10/2006 WAIS Document Retrieval • MUNCIE FAYETTE, FRANKLIN, HENRY, RANDOLPH, RUSH, UNION AND WAYNE COUNTIES Rates Fringes Bricklayer, Stonemason, Pointer, Caulker & Cleaner..... $- 25.25 10.10 Terrazzo Finisher ............... $ 18.19 4.35 Terrazz Worker. , $ 28,11 7.42 ' Tile & N~rble Finisher......... $ 19.03. 4.35 Tile & Marble Setter; Mosaic Worker .......:................. $ .27.57 7.32 CARP0103-003 06/01/2005 ----- ------------------ CLARKE, FLOYD AND HARRISON COUNTIES Rates Fringes. Carpenter ...:......... .......$ 20.65 9.48 Piledriver ................. ..$ 21.15 9.48 CARP0103-004 06/01/2005 • DEARBORN, JENNINGS, OHIO, RIPLEY AND SWITZERLAND COUNTIES • Rates Fringes Carpenter ......................$ 21.31 ~ 9.38 Piledriver .....................$ 21.81 9.38 ---------------------------------------------------------------- CARP0104-b01 06/01/2004 FAYETTE, H~NRY, RANDOLPH, UNION AND WAYNE COUNTIES Rates Fringes Carpenters- Carpenters, Drywall Installers, Pi l.edrivers.....:$ 23.22 8.13 Millwrights .................$ 22.50 1b.65 Soft Floor Layers...........$'22.90 ~ g:37 ----------------- CARP1031-011 06/01/2005 Page 4 of 20 __ CLARK, _FLOYD AND -HARRISION _ COUNTIES........ _ _ ~ _ . Rates Fringes Millwright ................ ...$ 23.05 12.52 -------------------------=----------------------=-------------- • CARP1080-003 05/01/2004 DEARBORN, JENNINGS, OHIO, RIPLEY AND SWITZERLAND COUNTIES ~' Rates Fringes Millwright .....................$ 21.25 10.32 - W.AIS Document Retrieval Page 5 of 20 CARP1775-001 06/01/2005. BROWN, DECATUR, FRANKLIN AND RUSH .COUNTIES Rates Fringes Carpenters: Carpenters, Drywall . Instal ers, Piledrivers.....$ 22.78 8.64 Millwr'ghts...:.... .....~..$ 23.10 '8.64 Soft F oor Layers...........$ 22.90 8.37 ELE00071-006 01/01/2001 DEARBORN, OHIO, SWTTZERLAND COUNTIES Rates Fringes Line Construction: .Equipment Operator.. ......$. 21.69 6.66 Groundman ...................$ 14.46 6.66 Lineman .....................$ 24.10 6.66' ELEC0212-009 06/01/2004 DEARBORN, OHIO, AND SWITZERLAND COUNTIES • Rates Fringes Electrician ....................$ 24.24 '8.59 ELEC0369-009 06/01/2001 CLARK, FLOY~, HARRISON AND JENNINGS ~ Rates Fringes Electrician ....................$ 23.50 7.74 Line Construction: Groundman ...................$ 13.83 6.35 Lineman; Equipment Operator.$ 22.25 6.35 ELEC0481-002 06/01/2004 DECATUR, JENNINGS, RIPLEY AND RUSH COUNTIES Rates Fringes. __ _.. ___ __ Electrician......, ..............$28.65 4.50+22.35% ELEC0725-001 06/01/2005 BROWN COUNTY • Rates Fringes Electrici n ................... 27.94 10.48 ELEC0725-008 09/01/1999 file://C:\Documents%20and%20Settings\gtmorse\Local%20S ettings\Temporary%20Intern... 5/10/2006 - WAIS Document Retrieval • BROWN COUN~Y .Rates ~ Fringes Communication Technician....:...$ 18.70 •3.80+30 Includes jthe installation, operation, •inspecti•on, maintenan e, 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 01/01/2006 FAYETTE, FRANKLIN, HENRY, RANDO.LPH, UNION AND.WAYNE COUNTIES Rates Fringes • Electrician .................:..$ 2`7.40 10.37 ----------------------------- ELEV0034-002 01/01/2005 • DECATUR, HENRY AND RUSH COUNTIES Rates • Elevator Constructor........... 32.485 Fringes 12.015+a+b FOOTNOTES: a. Emplo~er contributes 8g basic hourly rate for 5 years or -more of service or 6% basic hourly rate for 6 months. to 5 years of service as vacation pay credit b. Eight Paid Holidays: New Year's Day; Memorial Day;, Independence Day; Labor Day; Veteran's Day; Thanksgiving Day; the Firiday after Thanksgiving and Christmas Day. ~ . ---------------------------------------------------------------- ENGI0103-006 04/01/2006 FAYETTE, HENRY, RANDOLPH, RUSH, UNION AND WAYNE COUNTIES COUNTIES Rates Fringes Page 6 of 20 Power .equipment _operat_ors : _ _ _ _ _ __ _ _ __ GROUP)1...... $ •26.45 9 53 GROUP 2 .....................$ 25.50 9.53 GROUP 3 .............. .. .:$ 22.05 9:53 GROUP 4.......:. ....... .$ 18.•55 9.53 ' • POWER EQUIP ENT 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 (wi.th dozer blade); file://C:\Documents%20and%ZOSettings\g~tmorse\T,ocal%20Setting~\Temporary%20Intern... St10/2006 WAIS Document Retrieval • 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 Depresses-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); T actor-high lift-farm type; Tractor-Industrial Type; Traitor 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 'S; Paving Joint Machine; Post Hole Digger~j 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 * ENGI0181-012 04/01/2006 BROWN, CLA~ZK, DEARBORN, DECATITR, FLOYD, FRANKLIN, HARRISON, JENNINGS, OHIO, RIPLEY, SWITZERLAND COTTNTIES __ __ __ Rates Fringes Power equ pment operators: GROUP ~ :...................:.$ 24.68 10.90 • GROUP .................. .$ 17.15 10.90 POWER'EQUIPMENT OPERATOR CLASSIFICATIONS GROUP I: A-Frame Winch Truck, Articulating dump, autograde (CMI), auto patrol, ballast regulator~(RR); batches plant Page 7 of 20 file://C:\Documents%20and%20S ettings\gtmorse\Local%20Settings\Temporary%20Intern... 5/10/2006 ~JVAIS Document Retrieval • (electrical control concrete), bending machine (pipe); bituminous plant (engineer), bituminous plant, bituminous mixer tr vel plant, bituminous paver, bituminous roller, boring mchine, buck hoist, bull dozer, cable. way, Chicago boom, chimney hoist, clamshell concr.ete~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 booth forklift, formless payer, gantry creane, gator.(or similar type tiller), gradeall, grader, grademan, greaser (on grease facility servicing heavy equipment), G.P.S System (on equipment within the classifications), grout pump, head greaser, helicopter crew, Hetherington paver, hoist (motroized, gas or dis.el), hydraulic crane, hydro blaster, Industrial type forklift (over 9,000 lbs), laser. concrete screed., laser or remote controlled equipment (within the classifications), locomotive crane, locomotive, mechanic, iitobile_mixer, motor crane, mucking machine, multiple tamping machine (Rtt) overhead crane, Pilo 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, tai l.boo~, tar machine ,.(pipeline), tower crane,: trench • machine, welder (heavy duty), truck .mounted concrete pump,.:' truck-mounted drill, vacuum truck; well.poirit,.whirleys. GROUP 2: .Air Compressor (1 or more, .600 cfm and over) air compressor with throttle valve, bituminous. distributor,, brakem bul7float, cement gun, conrete mixer, concrete. mixer,~oncrete saw; concrete.sgreader 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 -------------------------------------------=-------------------- __. __ IRQN0022-_002....0.1/.0.1/.200..6....._ _ __ BROWN, DECUR (W 3/4), FAYETTE (W 1/2), FRANKLIN (NW TIP), HENRY, JE INGS (NW TIP), RANDOLPH (SW TIP)-,:AND RUSH COUNTIES: • Rates Fringes Ironworker .....................$23.10 14.50. IRON0044-007 01/01/2006 DEARBORN, DECATUR (REMAINDER OF COUNTY), FAYETTE (SE CORNER), Page 8 of 20 file://C:'~D ocuments%20and%20 S ettings\gtznorse~I,ocal%20S ettings\Temporary%20Intern... 5/10/2006 - W,~IS Document Retrieval • FRANKLIN (S. 3/4), OHIO, RIPLEY (REM. OF COUNTY), SWITZERLAND (REM. OF COUNTY), & JENNINGS (NE TIP) COUNTIES: Rates Fringes Ironworker Fence Erectors ..............$ 21.60 14:1 0 . Structural & Ornamental.....$ 24.00 14.10 ---------------------------------------------------------------- * .IRON0070-007 01/01/2006 Page 9 of 20 CLARK, FLOYD HARRISON, JENNINGS (S 2/3), SWITZERLAND (SW TIP)., AND RIPLEY (~W TIP) COUNTIES Rates Fringes. Ironworker ,Structural, Ornamental, Reinforcing and Precast Concrete Erectors....:.... ,$ 22.93. ~ 14.20 IRON0147-003 01/01/2006 RANDOLPH COUNTY Rates Fringes • --Ironworker---------------------$-2 195------------1 4 12------- IRON0290-OO~i 01/01/2006 FAYETTE (REMAINDER OF COUNTY), RANDOLPH (S. PART OF COUNTY EXCLUDING WINCHESTER BUT INCLUDING'UNION CITY) UNION .AND W~,YNE COUNTIES Rates Fringes Ironworker Beyond 25 miles of Dayton Local Union Office....... ..$ 23.23 14.30 Within 25 miles of Dayton Local Union Office..... .:$ 23.08 14.30 ---------------------------------------------------------------- * IRON0372-008 01/01/2006 DEARBORN, DECATUR (REM. 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, Reinforcing Beyond 25 miles of Hamilton County, Ohio .' • Courthouse ..... ............$ 23.95 14.00 ' Within 25 miles of Hamilton County, Ohio Courthouse ..................$ 23.70 14.00 ------------------------------=--------------------------------- LAB00741-002 06/01/2005 file://C:\Documents%20and%20S ettings\gtmorse\I.ocal%20Settings\Temporary%20Intern.... 5/ 10/2006 ' V~'AIS Document Retrieval • BROWN, DEARBORN, DECATUR, FRANKLIN, JENNINGS, OHIO AND RIPLEY COUNTIES: Rates. Fringes Laborers:- GROUP i .....................$ 19.08 7.00 GROUP ............... ...$ 19.58 7.00 ~ GROUP : ....................$ 20.08 7.00 LABORERS CLASSIFICATIONS: GROUP 1: Building and Construction Laborers; Scaffold Builders (o,ther 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 materia.l);. Asphalt Rakers and Lutemen; Earth Co~pactors; Jackmen and Sheetmen working ditches deeper t an 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-metalli.c); 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; inking of Wellpoints; Dewatering Header Systems `GROUP 2: Paster 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 Tooi Operators and all Pneumatic Too]. Operators; Air and Electric Vibrators and' Chipping Hammer Operators; Asbestos Removal; Hazardous Waste Removal;. All Boiler Setters Laborers, including- Exped,iters, Bottom Men, Bell Men and Mason Tenders. GROUP 3: Dynamite Men, Drillers-air track o.r wagon drilling for explosives LAB00795-001 06/01/2005 __ __ __ __ CLARK, FLOYD, HARRISON.AND SWITZERLAND COUNTIES Rates Fringes • Laborers: .................. GROUP 1. .$ 16.70 6.90 GROUP 2 ....................$ 17.00 6.90 GROUP ~ ....................$ 17.70 6.90 LABORERS CLASSIFICATIONS: Page 10 of 20 file://C:\Documents%20and%20 S ettings\gtmorse\Local%20S ettings\Temporary%o20Iritern... 5/ 10/2006 . WA1S Docume~t Retrieval 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 Wfater Pumps with Discharge~up.to three (3):inches, WATERPROOFING, Hariclling of creosote lumber or like treated Material (excluding Railroad Material), ASPHALT RAKERS & LUTEMEN, KETTLEMEN, Air Tool Operators and all Pneumatic. Tool Operators, Air and Electric Vibrators and. Chipping Hammer Operators, Earth Compactors, Jackman & 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,.P.ump Crete Assemblers, Core Drill Operators, Cement, Lime or Silica Clay HandersS (bulk or bag), Handling of Toxic . Materials Damaging to Clothing, Pneumatic~Spikers, Deck .Engine & Winch Operators., Water Main & Cable Ducking (Metallic ~d 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 Work}ng for Masons Water Blast Machine Operators. GROUP 3: Dynamite Men, Drillers-Air Track or Wagon Drilling .for Explosives. LAB01047-001 06/01/2005 FAYETTE, HENRY, RUSH,. WAYNE AND UNION COUNTIES Rates Fringes Laborers: . . GROUP 1 ................... ,. $ 17.88 7.00 GROUF 2 ..................... $ 18.38 7.00 GROUP 3 ..................... LABORER CLASSIFICATIONS $ 18.88 7.00 Page 11 of 20 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; ~11 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 file://C:\Documents%20and%20 S ettings\gtmorse\Local%20S ettings\Temporary%20Intern... 5/ 10/2006 WAIS Document Retrieval Page 12 of 2 ' 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 s~w 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. LABO11I2-002 06/01/2005 RANDOLPH COUNTY Rates Fringes Labore GRO 1........ ....".......$ 18.76 7.00 GROUP 2....... ....... ...$ 19.26 7.00. GROUP 3..... ..............$ 19.76 7.00 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 atperator; air & electric vibrators' and chipping hammer operator; earth compactors; Jackman & sheeCmen in ditches more than 6 feet deep; laborers in ditches 6' deep fi1e:11~:\Documents%20and°1o20Settings\gtmorsea~~.lalo~OSettings\Temporary°~o~Olntern:.. SI10/~OQ6 • - _ WAIS Document Retrieval Page 12 of 2 ' operators, air. and electric vibrators and chipping hammer .operators); Earth Compactors; Jackmen & Sheetinen 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. LAB01112-002 06/01/2005 RANDOLPH COUNTY Rates Fringes Laborer GROU~ • 1........ ...........$ 18.76 7.00 GROUP 2....... ....... ...$ 19.26 7.00 GROUP 3..... ..............$ 19.76 7.00 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 oiperator; air & electric vibrators and chipping hammer operator; earth compactors; Jackman & sheetinen in ditches more than 6 feet deep; laborers in ditches 6~ deep file://C:\Documents%20and%o20Settings\gtmorse\~a,~1~/u20Settings\Teniporary°fo~.Olntern:.. 5/10/20QE WAIS Document Retrieval Page 13 of 20 • or deeper; assembly of unicrete pump;.tile layers (sewer or field) ; sewer pipe layers; motor- driven wheelbarrows and concrete buggies; hyster operator; pumpcrete_assemblers; core drill operator; cement, lime or silica clay handlers; handling of toxic materials damaging to clothin~; 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 electr~ c) ; cutting t~rch or burner; cement nozzle laborers; cement gun operators; •. .scaffold builders for plasterers; scaffold builders;. water blast machine operator PAIN0012-006 01/01/20.0.6 COMMERCIAL AND INDUSTRIAL DEARBORN, OHIO, RIPLEY AND SWITZERLAND COUNTIES Rates Fringes Painters~~ Bridg~s, Lead Abatement.....$ 23.05 5.90. Brush & Roller, Paperhanger, Dryiaall Taping,$ 22.05 5.90 Sandblasting, Waterblasting.$ 22.80 5.90 Spray........... ..........$ 22.55 5.90 --------------------------------- PAIN0047-001 06/01/2005 BROWN, DECA~UR AND JENNINGS COUNTIES Rates Fringes Painters: Brush, Roller.................$ 22.49 9.13 Spray and Sand-Blasting.....$ 23.49 9.13 PAIN0118-007 05/01/2005 CLARK, FLOYD..AND HARRISON COUNTIES_ _ __ .Rates Fringes Painters- Brush), Roller & Paperhanger.$ 17.37 8.12 Spray', Sandblast & Waterblast......... .......$ 17.8'7 8.12 PAIN0387-004 10/31/2005 file://C:1Docui~ents%20and%20S ettings\gtmorse\Loca1%20Settings\Tempbrary%20Intern... 5/10/2006 ~ .. -----... ......•..y ~~.vo -7.61... Plasterer AREA #83 ....................$ 22.00 8.45 ------------------- PLAS0692-017 06/22/1999 ~~AIS Document Retrieval DEARBORN, F~KLIN (Southern half, south of a line .running • East and West established South of Brookville), OHIO, RIPLEY and SWITZERLAND COUNTIES: Rates Fringes Plasterer........ - ............:.$ :25 21 2.60 * PLAS0692-02'7 04/01/2006 CRAWFORD, DAVIESS, DUBOIS, GIBBON, HARRISON KNOX, MARTIN, PERRY, PIKE, POSEY, SPENCER, VANDERBURGH AND WARRICK COUNTIES Rates Fringes Cement Mason - AREA #566........ - ...........$ .00 -22 ----10.46 ------------ ------------ ----------- PLA50692-033 05/01/2004 BROWN, CLARKE, DEARBORN, FLOYD, FRANKLIN (SOUTHERN 1/2}, JENNINGS, OHIO, RIPLEY AND SWITZERLAND COUNTIES ~. Rates Fringes Cement Mason AREA 821..: .$ 19.85 7.40 PLUM0392-D06 06/01/2005 DEARBORN, RIPLEY, OHIO AND SWITZERLAND COUNTIES Rates Fringes Plumbers and Pipefitters.....:.$ 26.32 11.72 ------------------------- PLUM0502-001 01/01/2006 CLARK, FLOYD AND HARRISON COUNTIES Rates .Fringes Plumber/Pipefitter .............$ 26.67 10.75 -----------------------=---------------- PLUM0661-002 01/01/2006 FAYETTE, FRI~NKLIN, HENRY, RANDOLPH, RUSH, UNION AND.WAYNE COUNTIES 1fl Page 15 of 20 _._ ....._ ............_... . .. _ Rates_ Fringes __ __ Plumber ~d Steamfitter....:...$ 26.72 10.88 ----------------- ROOF0042-005 08/01/2004 • DEARBORN, OHIO AND RIPLEY COUNTIES Rates Fringes Roofers file://C: \Documents%20and%20S ettings\gtmorse\Local%20S ettings\Temporary%20Intern... 5/ 10/2006 _ V4'AIS Document Retrieval PITCH. .$ 25.12 7.62 •• ROOFERS ................•.•...$ 24.12 7.62 ROOF0119-002 09/01/2005 REMAINING COUNTIES Rates Fringes Roofers: ` COMPOSITION .................$ 22.03 7.97 SLATE & TILE .................$ 23.03 7.97 ROOF0147-003 07/01/2005 CLARK, FLOYD, HARRISON AND SWITZWELAND COUNTIES Rates Fringes Roofer (including Built Up, Composition and Single Ply)....$ 19.38 6.40 ROOF0205-002 05/01/2005 HENRY AND RANDOLPH COUNTIES Rates Fringes. • Roofer (including Built Up, Composition and Single Ply)....$ 19.68. 6.32 -------------------------=- SHEE0020-012 07/01/200.5 BROWN, DECA~UR, FAYETTE, FRANKLIN, HENRY, JENNINGS, RIPLEY, RUSH AND UN ON Rates Fringes Sheet metal worker .............$ 26.44 13.73 --------------- SHEE0024-0~6 06/01/2005 RANDOLPH COUNTY Rates Fringes • Page 16 of 20 Sheet metal worker..............$ 24.84 12.55 ----- SHEE0024-012 06/01,/2.005_.._, DEARBORN AND OHIO COUNTIES Rates. Fringes • - Sheet metal worker ..............$ 24.84 12.55 SHEE0110-007 06/01/2005 CLARK, FLOY~, HARRISON AND SWITZERLAND COUNTIES file://C:\Do luments%20and%20Settings\gtrnorse\I;ocal%20Settings\Temporary%2QIntern... 5/10/2006 WAIS Document Retrieval Rates. Fringes Sheet Metal Worker .............$ 26,65 .11.52 TEAM0135-002 04/01/2001 REMAINING COUNTIES Rates Fringes Truck drivers: GROUP 1 ................... ..$ 19.75 255.00/WK GROUP 2 .................... ..$ 20.25 255.00/WK GROUP 3 .............'....,. ..$ 20.45 255.00/WK GROUP 4 ................... ..$ 20.60- 255.00/WK GROUP 5, .................. ..$ 21.10 255.00/WK TRUCK DRIVER CLASSIFICATIONS Page 17 of 20 GROUP 1: ~ingle 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. o.r twenty-four (24) tons gross, six (6) wiieel.trucks, Koehring or similar dumpsters, . tract trucks, Euclids, hug bottom dumps, tournapulls, tournatrailers, tournaroclcers, or similar equipment when used for transportat`ion purposes ur1,•der nine (9) cu.yds. or less than thirteen and one-half (13 1/2) tons, tandems and semi-trailer service trucks, mixer trucks over thre~ (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 file://C:\Documents%20and%20S ettings\gtmorse\I.ocal%20$ettings\Temporary%20lntern... 5/10/2006 ----- - -- - ---^ °- -"--•a" .a,.........~ .._.., ~.... ~~...........«~ibv ~ i vaaatrva ua~• i owuuvua... ~i i vi ~.vvv ~ WA=fS Document Retrieval Page 18 of 20 water trucks, Euclids, hug bottom dumps, tournapulls, tournatrailers,. tournarockers, tractor trailers., tandems Q frame winch trucks, hydrolift trucks or similar equipment when used for transportation purposes, mixer trucks over six-and one-half (6 1/2) cu.yds. batch trucks wet or dry over 4-° 34-E"batches single axle low boy trailers, and contractor's mechanics . when working on equipment operated by employees within the bargaining unit; six ~(6) wheel pole trailers and one (1)..man oil distributors, fork-lift over four (4) ton and mobile mixers GROUP 4: Drivers on heavy equipment over sixteen (16) cu.yds. or twenty-four ton,,such a ICOehring or•similar dumpsters, tract trucks, Euclids, huh bottom .• dumps, trounapulls, trounarockers or similar._equ~pment.when used for transportation purposes, pole trailers over six (6) wheels,' water pulls, low-boy .trailers tandem axles, quad axle.or more no-weight limitation; disel and /or heavy equipment mechanics when'working on equipment operated by employees within the bargaining unit. GROUP 5: Mechanic,. with his own tool s ------------------------ TEAM0215-00.1 04/01/1999 Rates. Fringes Truck drivers: GROUP 1 .....................$ 16.98 2.60+a GROUP 2.......... .........$ 17.44 2.60+a . GROUP 3......... .......$ 17.66 2.60+a ' FOOTNOTE: a. $89.00 pe~• week ~ - GROUP 1 Pickup Trucks, Winch,. Trucks,Warehouseman, Mechanic, Street Sweepers; Single axle T"rucks GROUP 2 Tandem Trucks. or Dump Trucks; Farm Tractor-Pulling ___ Trailer;.....Bituminous--Dis-tributors,-Pavement Breakers --- - -- -- - GROUP 3 Mixer Trucks, all types; Lowboys, all types; Sen-i-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 Arivers 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 file://C:\Documents%20and%205 ettings\gtmorse\Local%20Set1sings\Temporary%20Intern,.. .5110/2006 WF,.IS Document Retrieval Page 19 of 20 WELDERS - Receive rate prescribed for cr.'aft performing operation to which welding is incidental. 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)). ------------------ In the listing above, the '~SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other-desi.gnations indicate unions whose rates have been determined. to be prevailing. AGE 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 fortli•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 file://C:\Documents%20and%20Settings\gtmorse\Local%20Settings\Temporary%20Intern... 5/ 10/2006 file://C: \Documents%ZOand%20S ettings\gtmorse\I,ocal%20Settings\'I'emporary%20Intern... 5/10/2006 - WAIS Document Retrieval gage 20 of 20 • 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 Admini.strat;ive Review Board (formerly the Wage Appeals Board). Write tos 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 • • file://C:\Documents%20and%20Settings\gtrnorse\Local%20Settings\Temporary%20Intern... 5/10/2006 • • U.S. DEPARTMENT OF LABOR wACe nNO trouR onnslon PAYROLL (For Contractor's Optional Use; See Instruction, Form WT H 347_Inst.) NAME OF CONTRACTOR ^ OR SUBCONTRACTOR ^ ADDRESS PAYROLL NO. FOR WEEK ENDING PRdJECT AND LOCATION (1) NAME,ADDRESS,AND SOCIAL SECURITY NUMBER OF EMPLOYEE ~ Z . p o . (3)' WORK CLAS$IFI ~ ~ O (4) DAY AND DgTE ~ (5) TOTAL HOURS (8) RATE OF PAY (7) GROSS AMOUNT E R N p A NED ..~ = Z CATION ~ FICA WITH- 3 HOLDING TAX O . S . O 'S O S • 0 5 0 S O , S 0 • S 'ORM WH-347 (1/ss) - FORMERLY SOL 184 -~ PURCHASE THIS FORM DIRECTLY FROM THE SUPT. OF DOCUMENTS PROJECTOR CONTRACT NO. 8 DEDUCTIONS OTHER TOTAL DEDUCTIONS • , EXHIBIT G OMB No,: 1215-0148 Expires: 08-30-8B NET WAGES PAID FOR WEEK U.S. Department of Labor Form Approved Wage and Hour and Public STATEMENT OF COMPLIANCE Contracts Division Date Budget Bureau No. 44-81093 EXHIBIT H do hereby state: (Name of signatory party) (Ttle) (1) That I pay or supervise the payment of the persons employed by .. on the (Contractor or SubconUactor) the 'that during the payroll commencing on (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 weekly wages 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 contrect 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 wfth the work he performed. • (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 to Section 4(c) below. (b) WHERE FRINGE BENEFITS ARE PAID IN CASH . 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. Remarks (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. Name and Title Signatun; The willful falsification of any of the above statements may subject the contractor or subcontractor to civil or criminal prosecution. See Section 1001 of Tdle 18 and Section 231 of Tale 31 of the United States Code. Form WH-348 FORM WH-347 (7168) - FORMERLY SOL 184 -PURCHASE THIS FORM DIRECTLY FROM THE SUPT. OF DOCUMENTS b EXHIBIT • U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS To (Appropriate Recipient): Date: Address: Pro'ect Number. Rhone #: Pro ect Name: 1. The undersigned, having executed a contract with ~ for the construction (City, Town, or County) of the above-identified project, acknowledges that: . (a) The Labor Standards provisions are included in-the aforesaid contract: (b) Correction" of any infractions of the aforesaid conditions, including infractions by any of his subcontractors and any lower tier subcontractors, is his responsibility: 2. He certified that: (a) Neither he nor any fine, partnership or association in which he has substantial interest is designed as an ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b) of the Regulations of the Secretary of Labor, Part 5 (29 CFR, Part ~ or pursuant to Section 3(a) of the Davis-Bacon Act, as amended (40 U.S.C_ 276a-2(a)). (b) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subcontractor or any firm, corporation, partnership or association. in which said subcontractor has a substantial interest is designed as an ineligible contractor pursuant.to any of the aforementioned regulatory or statutory provisions. • 3. He agrees to obtain and forward to the aforementioned recipient within ten (10) days after the execution: of any subcontract, including those executed by his subcontractor and.,any IQwer tier subcontractors, aSubcontractor's Certfication Concerning Labor Standards and~P~evailing Wage ~Hequiremen#s executed by tFiesubcontractors. 4. He certified that: {a) 'The legal name and the business address of the undersigned are (b) The undersigned is: (1) SINGLE PROPRIETORSHIP (3) A CORPORATION ORGANIZED IN THE STATE OF: (2) A PARTNERSHIP (4) OTHER ORGANIZATION (Describe). (c) The name, title and address of the owner, partner or officers of the undersigned are: Name Title Address (d) The names and address of alt other persons, both natural and corporate. having a substantial interest in the undersigned and the nature of the interest are (If none, so state). HUD-1421 (ti-75) EXHIBIT , U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT • COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM SUBCONTRACTOR'S CERTIFICATION CONCERNING LABOR STANDARDS AND PREVAILING WAGE REQUIREMENTS To (Appropriate Reapient): n,+~. Phone 1. The undersigned, -having executed a contract with - " ' (Contractor or Subcontractor) for ' ~ (Nature of Work) in the amount of $ in the construction of the above-identified project, certifies that . (a) The Labor Standands provisions'of the Contract For Construction are included in the aforesaid contract. (b) Neither he nor any firm, partnership or assocation in which he has substantial interest is designed as an~ineligible contractor by the Comptroller General of the United States pursuant to Section 5.6(b) of the Regulations of the Secretary of Labor, Part 5 (29 CFR, Part 5) or'pursuant to Section 3(a) of the Davis-Bacon Act, as amended (40 U.S.C. 276a-2(a)). (c) No part of the aforementioned contract has been or will be subcontracted to any subcontractor if such subcontractor or any firm, corporation, partnership or association in which said subcontractor has a substantrat interest is designed as an ineligible contractor pursuant to any of the aforementioned regulatory or statutory provisions. 2. He agrees to obtain and forward to the aforementioned recipient within ten (10) days after the execution. of any subcontract, including those executed by his subcontractors and any lower tier subcontractors, aSubcontractor's Certification Concerning :Labor . • Standards anii~Prevailing Wage Requirements executed by the subcontractor. . ~;i. (a) The workmen - will report ~ ~ for~,~ duty on or about .. .. ... ~ ' . (DATA 3. He certified that: (a) The Legal name and the business address of the undersigned are: (b) The undersigned is: (1) SINGLE PROPRIETORSHIP (3) A CORPORATION A (4) (c) The name, title and address of the owner, partner or officers of the undersigned are: ~ ivame : I Title " Address HUD-1422 (6-75) • Labor Standards Section • • '; Form 6 .s ~: Wage%Fringe Benefit Certification (To Be Completed by Contractor/Subcontractors Prior to Contract Award.) GRANTEE• GRANT: PROJECT: This is to certify that plans to use the following classifications of workers on the above referenced project: From Applicable Wage Decision Classification Base Wage Fringe Benefits Total Package Dne ' Due Due Base Wage to be paid by Contractor Fringe Benefits to be provided by Contractor Benefit Hourly Amount Total Package to be paid by Contractor Certified by: Title: Date: rt Record of Department of Housing Employee Interview and Urban Development ' Labor StandardsOMB Approval: No. 2501-0009 EXHIBIT k Contractor Project Name: Subcontractor (Employer): 1. Name of Employee: ' 2. Home Address and Z'ip Code: • 3. Last date you work on Project before today? Number of hours worked on Project on that date? 4. Your hourly rate of pay? $ 4a. Are you currently receiving any benefds?Yes or No 5. Your job classification(s)? ~ Apprentice? Yes or No 6. Your Duties? 7. Tools or Equipment Used? 8. Paid at least time and one-half for all hou~s'workecl in excess ~of 40 hours per week? Yes or Na (If overtime premium pay is not required, enter `inapplicable' 9. Ever threatened, intimidated or coerced into giving up any part of pay? Yes or No 10. Duties observed by intereviewer., Conform to dassfication? Yes or No 11. Remarks: (Continue on reverse side if necessary) 12. Signature of Interviewer.. Date of Interview: Payroll Examination 13. Remarks: (Continue on reverse side if necessary) • Date of Payroll Examination: HUD-11