Walnut Avenue Homes BID NOTIFICATION PACKAGE BUILDING SECURITY TABLE OF CONTENTS

Transcription

1 Walnut Avenue Homes BID NOTIFICATION PACKAGE BUILDING SECURITY TABLE OF CONTENTS SERIES 0 BIDDING REQUIREMENTS AND CONTRACT FORMS Invitation to Bid Instructions to Bidders Scope of Bid Form of Proposal Bid Request for Information Form Sample Certificate of Liability Insurance Instructions for Administrative Requirements Supplementary Conditions for Subcontractors Davis Bacon Wage Rate Sheet & Federal Labor Standards Provisions NOTE: THIS IS SUPPLEMENTARY INFORMATION TO THE PROJECT MANUAL. THE COMPLETE PROJECT MANUAL SHOULD BE REFERENCED IN ADDITION TO THIS BID NOTIFICATION PACKAGE. PROJECT NUMBER # SHARS # Niagara Falls, New York CONTRACTOR Housing Visions Construction Co., Inc 1201 E. Fayette St. Syracuse, NY phone fax WALNUT AVENUE HOMES NIAGARA FALLS, NY

2 PROJECT NO AUGUST 2014 SECTION INVITATION TO BID BUILDING SECURITY You are invited to Bid as a Subcontractor for Salina Crossing in Syracuse, NY. We are now accepting bids for: BUILDING SECURITY Bid Submittal Deadline: 2PM, July 9, 2015 The following documents are mandatory requirements for all Bids: Bid Form: All Bids must be submitted on the Housing Visions Construction Co., Inc (Additional Bid proposal breakouts may be attached to Bid Form) Include copy of signed Section Scope of Bid with Bid Form for same Subcontract Contract Requirements Specifications & Drawings Responsibilities of chosen subcontractors include: Certificate of Insurance per Section EEO and M/WBE Policy Statement Compliance Documents and Certified Payroll. This includes Davis Bacon Wage Rates, M/WBE, and Section 3. Certified Payroll to be reported on Elations Systems. A good faith outreach effort to solicit participation of City of Syracuse and/or NYS certified Minority and Women Owned Business (M/WBE). Compliance with DHCR / HTFC Green Initiative Criteria Compliance with Prerequisites of LEED for Homes version 4 Compliance with Energy Star Certified Homes Version 3 (Revision 07) The plans, drawings, and specifications may be examined at the following locations: 1. Housing Visions Construction Co., Inc E. Fayette St. Syracuse, NY WALNUT AVENUE HOMES INVITATION TO BID NIAGARA FALLS, NY PAGE 1 OF 2

3 PROJECT NO AUGUST On Line Construction, Bid Opportunities Note There is a link to go directly to our Plan Room. 3. Syracuse Builders Exchange, SYRABEX Full or partial sets may be purchased on line through Avalon Copy Center public jobs. Drawings are also available as pdf documents through Avalon via for a nominal fee. Syracuse Avalon Office NOTE: All bidders are responsible for their full scope of work. If partial set is purchased, be sure to review all pages to be sure there is no pertinent information on other pages. This project is tax exempt. Bidders are not to include Sales Tax in their proposal. All Minority and Woman Owned Business Enterprises (W/MBE), suppliers, contractors, and/or businesses will be afforded equal opportunity without discrimination. All NYS Certified M/WBE should include a copy of their certification with the bid document. Please contact Fred Boniello, Housing Visions Construction Co., Inc or dbrazell@housingvisions.org, with any technical questions. Please contact Theresa Schardt, Housing Visions Construction Co., Inc or tschardt@housingvisions.org, or Linda Pizzuto lpizzuto@housingvisions.org with any administrative questions East Fayette Street, Syracuse, New York Phone Fax Website: WALNUT AVENUE HOMES INVITATION TO BID NIAGARA FALLS, NY PAGE 2 OF 2

4 PROJECT NO AUGUST 2014 SECTION INSTRUCTIONS TO BIDDERS 1. BID FORMS A. Submit separate price for each building that you wish to bid on. You are not required to bid on all buildings. Each building shall be awarded separately. Bid form is found in Project Manual or Bid Notification Package. Fully complete one bid form listing your bid by address to the form. Indicate any potential savings for multiple building awards. B. Include estimated work days. This is critical to the overall bid assessment. Note, contract requirements for work schedules will be strictly adhered to. See contract articles 9 and C. All bids shall be submitted subject to all requirements of the Scope of Work included in Project Manual and Drawings. Bid Forms shall be properly signed and completed and submitted. D. Bid documents must be submitted in a sealed envelope which is clearly labeled with the words "Bid Documents", and states the project name, date, and name of the bidder. 2. BIDDER'S CONSTRUCTION EXPERIENCE Before a bid is considered for award, the bidder may be requested by HVCC to submit a statement regarding his/her previous experience in performing comparable work, his/her business and technical organization, and financial resources. 3. TIME FOR RECEIVING BIDS Bids shall be delivered to the Syracuse Office of Housing Visions Construction Co., Inc, (HVCC) 1201 E Fayette St., Syracuse, NY 13210, , by the time indicated on the Invitation to Bid. 4. OPENING OF BIDS HVCC will review all bids and inform all bidders of their results within one week of the bid award. 5. AWARD OF CONTRACT AND REJECTION OF BIDS A. The contract will be awarded for the work to the responsible bidders submitting the proposal complying with the conditions of the Invitation to Bid, provided their bid is reasonable and it is to the interest of HVCC to accept it. The bidder to whom the award is made will be notified at the earliest practical date. HVCC, however, reserves the right to reject any and all bids and to waive any informality in bids received whenever such rejection or waiver is in its interest. An award of a contract shall consist of the base bid and the sum of any combination of alternate bids that are in the best interests of HVCC to accept. WALNUT AVENUT HOMES INSTRUCTIONS TO BIDDERS NIAGARA FALLS, NY Page 1 of 2

5 PROJECT NO AUGUST 2014 B. HVCC is prohibited from making any awards to sub-contractors or accepting as subcontractors any individuals or firms that are included on the most recent lists of contractors ineligible to work on federally funded projects for the United States, as per the US General Services Administration List of Parties Excluded from Federal Procurement. C. HVCC also reserves the right to reject the bid of any bidder who has previously failed to perform properly, or to complete on time, contracts of a similar nature; who is not in a position to perform the contract; or who has habitually and without just cause neglected the payment of bills or otherwise disregarded his obligations to subcontractors, materials, workers, suppliers, or customers. 6. PRECONSTRUCTION CONFERENCE Prior to the start of construction HVCC will hold a pre-construction meeting. The successful bidder or his/her representative shall attend. The meeting will serve to acquaint the Participants with the general plan of contract administration and requirements under which the construction operation is to proceed. The date, time and place of the meeting will be announced by HVCC. END OF INSTRUCTIONS TO BIDDERS WALNUT AVENUT HOMES INSTRUCTIONS TO BIDDERS NIAGARA FALLS, NY Page 2 of 2

6 PROJECT NO AUGUST SCOPE OF BID BUILDING SECURITY SYSTEMS CONTRACT PROJECT MANUAL PROJECT MANUAL (CONSTRUCTION SPECIFICATIONS) PREPARED BY PASSERO ASSOCIATES DATED: AUGUST 2014, REVISED FOR 607 WALNUT CONTRACT DRAWINGS CONTRACT DRAWINGS PREPARED BY PASSERO ASSOCIATES 607 WALNUT AVE DRAWINGS DATED: REVISIONS PER HCR / CITY COMMENTS Provide all labor, material (unless noted otherwise), equipment, supervision, management, and administration required for the total performance of the Work of this Contract. 1. Work of the following Specification Divisions and Drawings Administrative and Procedural Sections in Division 00 and 01 THE FOLLOWING SPECIFICATION S PREPARED BY PREPARED BY HOUSING VISIONS CONSTRUCTION CO.: Intercommunications Systems Access Control Systems Intrusion Detection System Video Surveillance System CONTRACT DRAWINGS PREPARED BY HOUSING VISIONS CONSTRUCTION CO : 607 Walnut Ave A.1 Intrusion Detection System A.2 Access Control & Communication system A.3 Video Surveillance System 2. General Work Description: All Building Security Systems work as indicated on the drawings and specifications. 3. Work Scope Notes: All necessary Building Security Systems permits and related fees shall be the responsibility of the Building Security Systems contractor. All safety equipment, scaffolding, ladders, etc. necessary to complete this scope of work shall be the responsibility of the Building Security Systems Subcontractor. All OSHA safety requirements shall be followed. WALNUT AVENUE HOMES SCOPE OF BID FOR BUILDING SECURITY SYSTEMS CONTRACT ALBANY, NY PAGE 1 OF 1

7 PROJECT NO AUGUST 2014 Fully implement HVCC Recycling and Diversion Policy (Section ) as pertains to your scope of work. Comply with the City of Syracuse licensing requirements for the performance of all work at Mass Ave Community Homes A duplex outlet will be provided at designated location at each building by others. Sign below and return a copy of this section with Bid Form Signature WALNUT AVENUE HOMES SCOPE OF BID FOR BUILDING SECURITY SYSTEMS CONTRACT ALBANY, NY PAGE 2 OF 1

8 PROJECT NO AUGUST 2014 SUBCONTRACTORS BID REQUEST FOR INFORMATION FORM (BID RFI) Technical questions regarding this bid solicitation should be submitted (48) hours prior to close of bidding period utilizing this form only. E mail completed forms to Dave Brazell dbrazell@housingvisions.org or sent by fax RFIs not using this form cannot be accepted. Project Name _ Walnut Avenue Homes Bid RFI Number Job Numbers Work Scope Specification Section Number (s) Drawing Sheet No (s) Detail # / Name (s) Requesting Contractor Supplier Contact Info: , Tel, Fax INFORMATION REQUESTED: Date Name Signature RESPONSE: Date Name Signature Distribution Owners Representative Architect Civil Engineer Consult Site Consultant Structural Consultant Mechanical Engineering Consultant WALNUT AVENUE HOMES REQUEST FOR INFORMATION FORM NIAGARA FALLS, NY PAGE 1 of 1

9 SAMPLE **For NON framing, roofing, & siding contractors**

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11 SECTION INSTRUCTIONS FOR ADMINISTRATIVE REQUIREMENTS PROJECT NO AUGUST 2014 All reporting requirements must be up to date for payment to be released NOTE: All Subcontractors are responsible for Contractor requirements as noted in the contract AIA INVOICING / PAY APPLICATION: ALL Change Orders and scope of work changes must be approved in writing and the approved copy attached to pay application for a change to be processed. Pay applications: submit monthly by the 1 st or 15 th of the month, using AIA documents: G702 Application and Certificate for Payment & G703 Continuation Sheet (refer to Section ). 2. DAVIS-BACON WAGE REQUIREMENTS APPLY Refer to Section M/WBE OUTREACH EFFORTS At minimum, the bidder must conduct a good faith outreach effort to solicit the participation of New York State certified Minority and Women-Owned Businesses. All contract awardees agree to take affirmative steps to utilize MWBE business enterprises. For purposes of this commitment the terms mean: MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE (MWBE): At least 51% owned and controlled by the minority members and/or women; The minority and/or women ownership interest, is real, substantial and continuing; The minority and/or women ownership has and exercises the authority to independently control the day-to-day business decisions; Independently owned, operated and authorized to do business in New York State. NOTE: Businesses eligible to participate in the program must be owned and operated by women and/or minority group members who are citizens of the United States or permanent resident aliens. Generally they must be in operation for at least one year. MINORITY GROUP MEMBER: A United States citizen or permanent resident alien who has and can demonstrate membership in one of the following groups: Black persons having origins in any of the Black African racial groups; Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American Descent of either Indian or Hispanic origin, regardless of race; Native American or Alaskan native persons having origins in any of the original peoples of North America; Asian and Pacific Islander persons having origins in any of the Far East countries, South East Asia, the Indian subcontinent or the Pacific Islands. WALNUT AVENUE HOMES INSTRUCTIONS FOR ADMINISTRATIVE REQUIREMENTS NIAGARA FALLS, NY Page 1 of 3

12 PROJECT NO AUGUST 2014 CONTRACTOR (HVCC) AND SUBCONTRACTOR: An individual, a business enterprise including a sole proprietorship, a partnership, a corporation, a not-for-profit corporation, or any other party to a state contract, or a bidder in conjunction with the awarding of a state contract or a proposed party to a state contract. Minority business enterprises may be employed as construction Subcontractors or as suppliers. 4. FORMS AND SUBMITTALS HVCC and Subcontractors are each responsible for specific compliance forms (see list below). Samples and instructions are included in the Project Manual. A. Forms for Contractor (HVCC): Forms to be submitted at time of award: ADM 095 MWBE Utilization Plan-Preliminary ADM-EEO / M/WBE EEO & M/WBE Policy Forms to be submitted monthly: ADM-136 Monthly Employment Utilization Report (monthly) Forms to be submitted quarterly: ADM-123 Quarterly Cumulative Pay Statement ADM-146 Quarterly Affirmation of Income Payments to MWBE Forms to be submitted upon completion of the project: As Built Drawings ADM 095 MWBE Utilization Plan-Final B. FORMS FOR SUBCONTRACTOR Blank Copies found in Project Manual or at Construction Forms to be submitted at time of award: ADM-EEO / M/WBE EEO & M/WBE Policy Forms to be submitted monthly: ADM-136 Monthly Employment Utilization Report (monthly) Forms to be submitted quarterly: ADM-146 Quarterly Affirmation of Income Payments to MWBE (if pertinent) Forms to be submitted upon completion of the project: WALNUT AVENUE HOMES INSTRUCTIONS FOR ADMINISTRATIVE REQUIREMENTS NIAGARA FALLS, NY Page 2 of 3

13 PROJECT NO AUGUST 2014 Warranty Documents (if applicable) Items to be submitted throughout contract period: As Built Drawings (mechanicals only) Change Order approval-must be attached to any pay application that is applying for change order dollars. All initial documents must be submitted before work is started. The following items have been included in this section for the use of the Subcontractor: Good Faith Efforts Guide EEO and MWBE Policy Statement ADM 136 Monthly Employment Utilization Report ADM 146 Affirmation of Income Payments to MWBE These forms may also be obtained by request through Housing Visions Construction Co., Inc Pay applications cannot be processed unless paperwork is current and approved. Close-out project submittals must be reviewed and accepted prior to release of retainage. Any additional requirements will be issued as an addendum. WALNUT AVENUE HOMES INSTRUCTIONS FOR ADMINISTRATIVE REQUIREMENTS NIAGARA FALLS, NY Page 3 of 3

14 PROJECT NO AUGUST 2014 SECTION SUPPLEMENTARY CONDITIONS FOR SUBCONTRACTORS 1. UTILITIES (Refer to Sections ) Contractor shall be responsible for the use of utility services, including water used, electricity consumed, or discharges made to sanitary sewers. HVCC will provide temporary sanitary facilities. 2. INSURANCE REQUIREMENTS (Refer to Section ) See Sample Insurance Certificate listing insurance requirements/amounts. Housing Visions Construction Co, Inc. and the owner(s) of the property shall be named as the additional insured on this project. 3. BONDS (Refer to Section ) N/A 4. SUBSTANTIAL COMPLETION (Refer to Section ) Contractual timeframe will be estimated. Comply with Notice to Proceed and adhere to A Article 9, Date of Commencement, Total Calendar Days and / or Date of Substantial Completion. (Article 7, is a critical element of the contract.) The contract date shall be the date of the written Notice to Proceed unless noted by HVCC otherwise. All work shall be substantially completed within the number of days from date of Notice to Proceed or substantial completion date indicated in the AIA Document A Contract between Contractor and Subcontractor. 5. LIQUIDATED DAMAGES AND BONUS PAYMENTS (AIA A Standard From of Agreement Between Contractor / Subcontractor) N/A 6. PAYMENT (Refer to Section ) Terms: Invoices are due by the 1 st or 15 th of the monthly, payable 30 days from the 1 st or 15 th of the month, as long as invoices are correct. HVCC will not release payment until the current scope of work has been approved by HVCC and appropriate inspectors, and the administrative submittals are current. Retainage of 10% is withheld until the entire scope of work is complete and all documentation is submitted. 7. CHANGE ORDERS (Refer to Section ) Notify HVCC immediately of any unforeseen circumstances that could influence contract schedule or cost. Coordinate all field changes with HVCC representatives and obtain approval in writing before continuation of work. No changes in scope or specifications will be paid without written approval. All change orders and contract amendments must be pre-approved in writing on the authorized HVCC form. A copy of the approved change must be submitted with the invoice billing for the change. 8. CONTRACTS and REQUIREMENTS (Refer to Sections , , ) All contracts reference Contract AIA101 with General Conditions A201. Contract requirements included in AIA 101 are part of contract AIA401, as detailed in the Bid Form and Scope of Bid. Copies of Contracts are found in the Project Manual. Confirm Scope of Works with HVCC and follow request for interpretation procedures per Instruction to Bidders Section WALNUT AVENUE HOMES SUPPLEMENTARY CONDITIONS FOR SUBCONTRACTORS NIAGARA FALLS, NY PAGE 1 OF 2

15 PROJECT NO AUGUST RECYCLING & DIVERSION POLICY (Refer to Section ) All contractors are required to adhere to the HVCC Recycling & Diversion Policy. 10. ADMINISTRATIVE REQUIREMENTS ( Refer to Section ) All Subcontractors are responsible for administrative items as indicated in the Project Manual. This is includes, but may not be limited to, the following items: Equal Opportunity Policy Weekly Elations Certified Payroll Report Monthly Employment Utilization Report Quarterly Reporting for NYS Certified M/WBE 11. SAFETY (Refer to section ) Participation in HVCC Safety Meetings is required. All subcontractors must follow OSHA and other safety measures as required by governing agencies and Housing Visions. 12. CONSTRUCTION WORK SITE Subcontractor is responsible for keeping equipment, tools and materials in secure location on site. Clean work site at end of each work day. 13. COORDINATION (Refer to Section ) Coordinate all contract work with HVCC in a manner that will accommodate all other trades. 14. WARRANTY In addition to all other guarantees and warranties set forth in the Contract Documents, the Subcontractor warrants and guarantees to the Owner and Contractor that all work will be in accordance with the Contract Documents and will not be defective. If within one (1) year after the date of Substantial Completion or such longer period as may be prescribed by laws or regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any work is found to be defective, the Subcontractor shall promptly without cost of Owner and Contractor in accordance with Owner's written instructions, either correct such defective work, or, if it has been rejected by Owner, remove it from the site and replace it with non-defective work. If Subcontractor does not promptly comply with the terms of such instructions, or in an emergency where a delay would cause serious risk of loss or damage, Owner may have the defective work corrected or the rejected work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, attorneys and other professionals) will be paid by Subcontractor. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the work, the correction period for that item may start to run from an earlier date if so provided in the specifications or by written amendment." Housing Visions Construction Co., Inc. is available to help with completing the Administrative Requirements. Please contact Marissa Lohman: Phone: or mlohman@housingvisions.org with questions. WALNUT AVENUE HOMES SUPPLEMENTARY CONDITIONS FOR SUBCONTRACTORS NIAGARA FALLS, NY PAGE 2 OF 2

16 Davis Bacon Wage Rate Determination General Decision Number: NY /04/2014 NY57 Superseded General Decision Number: NY State: New York Construction Type: Residential Counties: Erie and Niagara Counties in New York. RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family homes and apartments up to and including 4 stories) Modification Number Publication Date 0 01/03/ /17/ /27/ /04/2014 ELEV /01/2014 Rates ELEVATOR MECHANIC...$ Fringes a+b FOOTNOTE: a. 8 PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and the Day after Thanksgiving, Christmas Day. b. PAID VACATION: Employer contributes 8% of regular basic hourly rate as vacation pay for emplyees with more than 5 years of service, and 6% for employees with less than 5 years of service ENGI /01/2013 ERIE COUNTY Rates Power equipment operators: Bulldozer...$ Excavator...$ Roller...$ Fringes a a a FOOTNOTES: a. PAID HOLIDAYS: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Christmas Day, provided the employee has worked the day before and the day after the holiday * ENGI /01/2014 NIAGARA COUNTY Rates Fringes Page 1

17 Davis Bacon Wage Rate Determination Power equipment operators: Bulldozer...$ Excavator...$ Roller...$ PAIN /01/2013 Rates Fringes GLAZIER...$ PLAS /01/2011 Rates Fringes PLASTERER...$ PLUM /01/2014 Rates Fringes PLUMBER...$ SFNY /01/2013 Rates Fringes SPRINKLER FITTER...$ SUNY /04/1999 Rates Fringes BRICKLAYER...$ CARPENTER (including drywall hanging and excluding batt insulation)...$ CEMENT MASON/CONCRETE FINISHER...$ ELECTRICIAN...$ INSULATOR - BATT...$ IRONWORKER, STRUCTURAL...$ Laborers: Hazardous Material...$ Landscape Laborer...$ Unskilled...$ 9.59 Mason tender, brick...$ Mason tender, cement...$ PAINTER (Brush and Roller)...$ PIPEFITTER (Including HVAC Pipe/Installation)...$ Power equipment operators: Backhoe...$ Page 2

18 Davis Bacon Wage Rate Determination Paver...$ ROOFER...$ Sheet Metal Worker (Including HVAC Duct)...$ TILE SETTER...$ WELDERS - Receive rate prescribed for craft 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)) The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non-union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLUM /01/2011. The first four letters, PLUM, indicate the international union and the four-digit number, 0198, that follows indicates the local union number or district council number where applicable, i.e., Plumbers Local The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2011, following these characters is the effective date of the most current negotiated rate/collective bargaining agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rates. 0000/9999: weighted union wage rates will be published annually each January. Non-Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may Page 3

19 Davis Bacon Wage Rate Determination include both union and non-union data. Example: SULA /13/2010. SU indicates the rates are not union majority rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC ) 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 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board Page 4

20 Davis Bacon Wage Rate Determination U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC ) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION Page 5

21 Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Office of Labor Relations Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer s payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH- 1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number ) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number ) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part Previous editions are obsolete Page 1 of 5 form HUD-4010 (06/2009) ref. Handbook

22 of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis- Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number ) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section l(b)(2)(b) of the Davis-bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section l(b)(2)(b) of the Davis- Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been Previous editions are obsolete Page 2 of 5 communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers and ) (ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i) except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee s social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number ) (b) Each payroll submitted shall be accompanied by a Statement of Compliance, signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5 (a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete; form HUD-4010 (06/2009) ref. Handbook

23 (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the Statement of Compliance required by subparagraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under subparagraph A.3.(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who Previous editions are obsolete Page 3 of 5 is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman s hourly rate) specified in the contractor s or subcontractor s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant,to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by form HUD-4010 (06/2009) ref. Handbook

24 the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor s firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C Additionally, U.S. Criminal Code, Section , Title 18, U.S.C., Federal Housing Administration transactions, provides in part: Whoever, for the purpose of... influencing in any way the action of such Administration... makes, utters or publishes any statement knowing the same to be false... shall be fined not more than $5,000 or imprisoned not more than two years, or both. 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph. Previous editions are obsolete Page 4 of 5 form HUD-4010 (06/2009) ref. Handbook