Ashland Senior Center Storefront Rehabilitation

BID PACKET Ashland Senior Center Storefront Rehabilitation Project funded by the Department of Housing and Urban Development Community Development Block Grant City of Ashland Department of Community and Economic Development 1700 Greenup Avenue, PO Box 1839 Ashland, Kentucky 41105-1839 www.ashlandky.gov CITY OF _ = ) KENTUCKY EQUAL HOUSING OPPORTUNITY ASHLAND SENIOR CENTER 23028 STOREFRONT REHABILITATION GI-1 GENERAL INDEX TO CONTRACT DOCUMENTS Index to Detail Specifications Enumeration of Drawings Bidding Documents Bid Notice Information for Bidders City of Ashland General Conditions City of Ashland Standard Form of Agreement USDL Fact Sheet #66 Davis-Bacon and Related Acts Wage Rates Bid Documents to be Submitted with Bid Building Affidavit Pursuant to KRS 1988.060(10) Specifications/Form of Proposal (Bid Form) Bid Form/Sheet Bidder Pre-Qualification Disclosure Statement Copy of City of Ashland Business Privilege

License Certificate of Insurances as Described in the General Requirements (by Bidder) Non-Collusion Affidavit Sub-Contractors Approval Responsibility for Damages, Claims, etc. Statement of Compliance with Non-Discrimination Contractors Certification on Federal Contract Requirements Certification Regarding Debarment & Suspensions False Claims Act Form Certification of Bidder Regarding Non-Segregated Facility Byrd Anti-Lobby Amendment Certification Certification of Drug-Free Workforce Bid Bond or Certificied Check (by Bidder) Contract Forms AIA A312 - Payment Bond AIA A312 - Performance Bond AIA G701 - Change Order AIA G702 - Application and Certificate for Payment AIA G703 - Continuation Sheet AIA G704 - Certificate of Substantial Completion AIA G706 - Contractors Affidavit of Payment of Debts and Claims AIA G706A - Contractors Affidavit of Release of Liens AIA G707 - Consent of Surety to Final Payment ACORD 25 Certificate of Liability Insurance AIA G715 Certificate of Insurance-ACORD Form 25 Detail Specifications ASHLAND SENIOR CENTER 23028 STOREFRONT REHABILITATION IDS - 1 INDEX TO DETAIL SPECIFICATIONS VOLUME 1 SECTION TITLE DIVISION 1 GENERAL REQUIREMENTS Section 011000 Summary Section 012500 Substitution Procedures Section 012600 Contract Modification Procedures Section 012900 Payment Procedures Section 013100 Project Management and Coordination Section 013200 Construction Progress Documentation Section 013300 Submittal Procedures Section 014000 Quality Requirements Section 017300 Execution Section 017419 Construction Waste Management and Disposal Section 017500 Environmental Control Section 017700 Closeout Procedures Section 017823 Operation and Maintenance Data Section 017839 Project Record Documents DIVISION 6 WOOD, PLASTICS AND COMPOSITES Section 061000 Rough Carpentry DIVISION 7 THERMAL AND MOISTURE PROTECTION Section 079200 Joint Sealants DIVISION 8 OPENINGS Section 084313 Aluminum-Framed Storefront Section 087100 Door Hardware Section 088000 Glazing DIVISION 9 FINISHES Section 092900 Gypsum Board Section 099113 Exterior Painting Section 099123 Interior Painting APPENDIX FOR REFERENCE ONLY Asbestos Survey Report Diamond Environmental & Abatement Services, Inc., Feb. 2024 END OF SECTION ASHLAND SENIOR CENTER 23028 STOREFRONT REHABILITATION EOD-1 + ENUMERATION OF DRAWINGS DRAWING NO. TITLE CS COVER SHEET G-100 EGRESS PLAN, CODE NOTES AND GENERAL NOTES AD-100 DEMOLITION PLAN AND ELEVATION A-100 PLAN, ELEVATION, AND SECTION A-101 STOREFRONT, DETAILS, AND DOOR SCHEDULE END OF SECTION Public Notice Sealed bids will be received by the City of Ashland, Kentucky on the following item(s): For the Ashland Senior Center Storefront Rehabilitation for the Department of Community and Economic Development. Funding for this project is provided by the U.S. Department of Housing and Urban Development under the Community Development Block Grant. Specifications may be obtained by contacting Jacob Risner, Program and Grant Administrator, at jrisner@ashlandky.gov or (606) 385-3324 during regular business hours at the Ashland City Building, 1700 Greenup Avenue, Room 208, Ashland, KY 41101. A mandatory pre-bid meeting will be held at the Ashland Senior Center, 324 15th Street, Ashland, KY 41101 at 10:30 a.m. on Thursday, April 11, 2024. Bids will be received until 3:00 p.m. on Thursday, April 25, 2024 in the City Clerks Office on the fourth floor of the Ashland City Building, 1700 Greenup Avenue, Room 403, Ashland, KY 41101. Bids will be opened and read publicly at 3:15 p.m. on Thursday, April 25, 2024 in the Commissioners Chambers on the third floor of the Ashland City Building, 1700 Greenup Avenue, Room 308, Ashland, KY 41101. This project is federally assisted. Contractors and subcontractors performing work under this advertisement are bound by the requirements of Executive Order 11246 as amended by Executive Order 11375; Title VI of the Civil Rights Act of 1964; Section 109 of Title I of the Housing and Community Development Act of 1974 as amended; Section 3 of the Housing and Urban Development Act of 1968; the Immigration Reform and Control Act of 1986; and the Contract Work Hours and Safety Standards Act. The Contractors attention is called to the Equal Opportunity Clause, which states: During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin, and the goals and timetables for minority and female participation in each trade and to the fact that not less than minimum wages set forth in the contract documents must be paid. The City of Ashland, through its City Manager and Director of Community and Economic Development, reserves the right to accept or reject all or any part of the bid should it be deemed in the best interest of the City of Ashland. Published April 4, 2024 EQUAL HOUSING OPPORTUNITY mailto:jrisner@ashlandky.gov Failure to comply with any of the General Conditions and Instructions herein can result in payment delays or in termination of the contract. Clarification of Contract Documents Section 2 If any person, firm, partnership, or corporation who contemplates submitting a Bid for this Project is in doubt as to the true meaning of any part of the Contract Documents, he may submit to the Project Architect, a written request for a clarification thereof, and the person, firm, partnership, or corporation submitting the request shall be responsible for its prompt delivery. Clarification of these Contract Documents will not be made except through written communication duly issued by the Project Architect to the person, firm partnership, or corporation submitting the request, provided that a sufficient period of time is available for the issuance of such a communication prior to the receipt of Bids. Conflict of Interest Section 3 - No officer, employee, or member of the governing body of the City who exercises any function or responsibility in connection with the carrying out of this Project shall have any private interest, direct or indirect, with the Contract. Personal Examination Section 4 Contractors are required to satisfy themselves by personal examination of the Contract Documents and investigation at the site of the Project as to the conditions existing and the difficulties likely to be encountered in the construction of the Project. No pleas of ignorance of conditions that exist or that may hereafter exist, or of conditions or difficulties that may be encountered in the execution of the work as the result of failure to make such examination and investigation, will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every respect, all the requirements of the Contract, nor will the same be accepted as a basis for any claim whatsoever for extra compensation or for an extension of time. Statement of Quantities Section 5 The estimate of quantities of work, if included in the Bid, is approximate only, and will not become the basis for calculating the final payment for the work. However, the estimated quantities shall be used by the City in calculating the total amount of the Bid for comparison of Bids. Amendments and Withdrawals of Bids Section 6 - Amendments or withdrawals of Bids received later than the time and date of the Bid Opening will not be considered and will be returned unopened to the Contractor. Faxed or emailed bids will not be considered, no exceptions. Security, Preparation and Submission of Bids Section 7 Bids shall be submitted on the Bid Forms enclosed in the Bid Packet. Bid Forms shall not be altered in any way. Altered Bids will not be accepted unless specifically called for in the Bid Packet. Erasures or changes in a Bid must be explained or noted over the signature of the Contractor. Bids containing any conditions, omissions, unexplained erasures, alteration of forms, or irregularities of any kind may be rejected by the City; however, the City reserves the right to accept or to reject any or all Bids and to waive defects or technicalities as may deem in the best interest of the City. All forms included in the Bid Packet shall be filled out completely and returned with the Bid. The entire Bid Packet must be submitted. It is recommended that Contractor keep a copy of the Bid Packet as submitted. Bids shall be submitted in the Contractors complete business name and shall be fully executed and signed by the Contractor or an authorized representative of the Contractor and signature shall be considered that the Contractor has agreed to the acceptance and will comply with all terms and conditions contained and set out in the Bid Packet and Contract Documents. All signatures shall be original. Copies of the Bid or stamped signature(s) on Bid will be considered non-responsive and shall result in the rejection of the Bid. All Bids shall be accompanied by a BID BOND or CERTIFIED CHECK in the amount of ten (10%) of the Bid, in favor of the City of Ashland. Bid Bonds shall be issued by a responsible Surety licensed to do business in the Commonwealth of Kentucky. Certified checks shall be made payable to the CITY OF ASHLAND. Failure to comply with this requirement SHALL result in the Bid being considered as non-responsive and shall result in the rejection of the Bid. Bid Bonds and Certified Checks of Unsuccessful Contractors shall be returned as soon as practical after a Contract has been executed between the Successful Contractor and the City at the Pre- Construction Conference. Each Contractor shall be required to follow the guidelines of the City of Ashland Occupational License Fee Ordinance 62, 2013 and subsequent amendments. A copy of these ordinances are included in the Bid Packet. Contractors possessing a CURRENT City of Ashland Business Privilege License shall submit a copy with the Bid. Any Successful Contractor NOT possessing a CURRENT City of Ashland Business Privilege License shall obtain this license before a contract is signed. The City may consider any Bid received by any Contractor failing to meet this condition as non-responsive and shall result in the rejection of the Bid. Each Contractor shall submit, with the Bid, all of the numerated items as stated on the Bid Form. Failure to provide all of the requested information shall result in the Bid being considered as non- responsive and shall result in the rejection of the Bid. Should the Contractor desire to submit two or more Bids for the same Project, each Bid shall be submitted separately and thus completely independent of each. If a Contractor is unable to Bid on a Bid Item, write No Bid on the line where Unit Price and Total Price is requested. Whenever the Bid Items are separated into two (2) columns designated Unit Price and Total Price, and where a discrepancy appears between the figure shown in the Total Price column as to Quantity multiplied by the Unit Price, the amount in the Total Price appearing on the Bid shall control, however the City reserves the right to correct any mathematical errors on the all Bid Forms. Manufacturers catalog numbers, trade names, etc., if shown herein, are for descriptive purposes only and are to guide the Contractor in determining the standard of quality, design and performance desired and shall not be construed to exclude other types of commodities and / or services. Any exceptions taken to specifications shall be listed and described on a separate sheet with the various increase or decrease in price clearly stated. Any literature, forms or items requested in the Bid Packet shall be original material and shall be unaltered. All Bids shall include adequate information, brochures, latest printed detailed specifications and advertising literature describing the commodity or service offered to permit ready comparison with City specifications on an item by item basis if necessary. Bids shall be enclosed in a Sealed envelope, with the bidders name and address in the upper left- hand corner and marked Sealed Bid with the date and hour of the Bid Opening and the name of the project placed on the lower left corner. Bids shall be addresses to the City Clerk, City of Ashland, 1700 Greenup Avenue, Room 301, PO Box 1839, Ashland, Kentucky 41105-1839. Bid Openings are scheduled at 3:15pm, Thursdays in the Commission Chambers on the third floor of the Ashland City Building. Bidders or their representatives may be present. City reserves the right to amend and/or cancel the Bid Invitation prior to the time and date of the Bid Opening. Contractors shall receive a Tabulation of the Written Bids after the contract has been executed. Each Contractor acknowledges that the Boyd Circuit Court shall have jurisdiction over disputes relating to the Contractor award. Competency of Contractor Section 8 The City requires that the Contractor, if requested, shall furnish satisfactory evidence that he has the necessary resources to fulfill the conditions of the Contract Documents. The evidence shall be listed in the form, Statement of Contractors Qualifications. The Contract shall be awarded to the Contractor that offers the lowest and best Bid as determined by the Department Director. Bid Considerations Section 9 The City, through its City Manager, reserves the right to accept or to reject any or all Bids. The City also reserves the right to award Bids whole or in part when it is deemed to be in the best interest of the City. Award Section 10 After the Bid Opening, the Successful Contractor will be sent a written Notice of Acceptance. The City reserves the right to correct any Notice of Acceptance erroneously made as a result of a clerical error on the part of the City. Preference will be given by the City to the lowest responsible Contractor furnishing products made and assembled in the continental United States. Where the price of an acceptable America-Made product is within five percent (5%) of a Non-American-Made product, the Contractor furnishing products made and assembled in the continental United States shall be the Successful Contractor. A request will be sent to the City Manager for the successful Bid to be placed on the Consent Agenda and for the preparation of an Ordinance naming the Mayor as the authorized representative of the City and authorizing the Mayor to execute a Contract between the City and the Successful Contractor to be presented at the next available Board of Commissioners meeting. After the second reading and adoption of the ordinance, the Successful Contractor will be sent a written Notice of Bid Award stating the date, time and location of the Pre-Construction meeting. The Successful Contractor will be required to furnish to the City a Contract Surety in the form of a PERFORMANCE BOND and PAYMENT BOND in an amount equal to one hundred (100%) percent of the total amount of the Bid. Failure to provide a Performance Bond and Payment Bond shall result in the Bid being considered as non-responsive and shall result in the rejection of the Bid. The Contract shall be considered as executed after four (4) original Contracts have been signed by the authorized representative of the City and signed by the authorized representative of the Successful Contractor; the Performance Bond and Payment and the proof of insurance coverage, as required, is received. The mayor is the authorized representative of the City. Forfeiture of Contract Section 11 The Successful Contractor to whom the Notice of Bid Award has been mailed, stating the date, time and location of the Pre-Construction meeting, fails to execute the Contract during the specified date of Pre-Construction meeting, shall be considered in default thereof, the Bid Bond or Certified Check accompanying the Bid may thereupon be forfeited to and retained by the City as liquidated damages for any expense or delay which may be incurred in re- advertisement and preparation of new Bid Packets for the Project and to indemnify said City for any loss which may be sustained. The Project may then be re-advertised or let to the next Contractor, as the City may determine. Subcontracting Section 12 The Contractor may utilize the services of specialty Subcontractors provided: a. The Contractor shall not award work to any Subcontractor without prior written approval of the City. b. The Contractor shall be fully responsible to the City for the acts and omissions of his Subcontractors, and of persons either directly or indirectly employed by them. The Contractor shall be fully responsible to the city for acts and omissions for persons directly or indirectly employed by him. c. The Contractor shall cause appropriate provisions to be inserted in all Subcontracts relative to the work to bind Subcontractors to the Contract or by the terms of the Contract Documents insofar as applicable to the work of Subcontractors, and a to give the Contractor the same poser regarding terminating any Subcontractor that the City may exercise over the Contractor under any provision of the Contract Documents. d. Nothing contained in these Contract Documents shall create any contractual relation between the City and the Subcontractor. Commencement and Completion of Work Section 13 The calendar days established for completion of the work in the Bid shall commence on the date of the Notice to Proceed. All work under this Contract shall be completed within these calendar days by the Contractor, subject to the liquidated damages herein provided. However, the Contractor or any Subcontractor shall not commence work on this Project under this Contract until the Notice to Proceed has been issued. Contractors and Subcontractors Insurance Section 14 The Contractor and/or Subcontractor on this work will be required to take out and maintain during the life of the Contract, the insurance listed below, and approval of the insurance by the City shall not relieve or decrease the liability of the Contractor hereunder. The Contractor shall purchase the insurance listed below to protect the City from claims incurred by the action of the Contractor or Subcontractor in the construction of this Project. Certified copies of the insurance coverage shall be submitted to the City for approval at the Pre- Construction meeting. I. Compensation and Employees General Liability Insurance: The Contractor shall procure and shall maintain during the life of this Contract, Workmens Compensation Coverage for all of his employees to be engaged in work under the Contract; and in case any such work is sublet, the Contractor shall require the Subcontractor similarly to provide Workmens Compensation Coverage for all of the latters employees to be engaged in such work, unless such employees are covered by the protection afforded by the Contractors Workmens Compensation Coverage. II. Public Liability and Owners or Contractors Protective Insurance: The Contractor shall take out and maintain this type insurance and shall require any of this Subcontractors performing work covered by the Contract to do the same in order to protect themselves from claims for damage to property which may arise from operations under this Contract, whether such operations be by himself or by any Subcontractor or by anyone directly or indirectly employed by either of them. A. (Comprehensive) Automobile Liability covering: 1. Bodily Injury including wrongful death in an amount not less than Five Hundred Thousand Dollars ($500,000.00) for each person and One Million Dollars ($1,000,000.00) for each accident, and 2. Property Damage in an amount not less than Three Hundred Thousand Dollars ($300,000.00) for each accident. B. (Comprehensive) General Liability covering: 1. Bodily Injury including wrongful death in an amount not less than Five Hundred Thousand Dollars ($500,000.00) for each person and One Million Dollars ($1,000,000.00) for each accident, and an aggregate liability of One Million Dollars ($1,000,000.00), and 2. Property Damage including Blasting and Underground Excavation in an amount not less than Five Hundred Thousand Dollars ($500,000.00) for each accident and an aggregate liability of One Million Dollars ($1,000,000.00). The Contractor shall require all Subcontractors to carry Public Liability Insurance in like amounts. III. Scope of Insurance and Special Hazards: The insurance required under paragraph II, hereof, shall provide adequate protection for the City, Contractor and his Subcontractors, respectively, against damage claims which may arise from operations under this Contract, whether such operations be by the insured or by anyone directly or indirectly employed by him, and also against any of the special hazards which may be encountered in the performance of the Contract. Each of the aforesaid policies shall include the City as a named insured and will provide that such policy will not be canceled until after the Owner shall have given twenty (20) days written notice of the proposed cancellation. Laws, Ordinances, and Regulations Section 15 The Contractor shall keep himself fully informed of and shall carefully observe and comply with all Federal, State, County, City and local laws, ordinances, rules, permits, licenses and required inspections for all work, the employment of and payment for all labor; the legal rights of all workers employed under this Contract; and any other items which in any manner affect the conduct of the work; and all such orders or decrees that exist at present, or those which may be enacted later, or bodies or tribunals having any jurisdiction or authority over the work, and he will be required to indemnify and save harmless the City and all its officers, officials and agents against any claim or liability arising from or based upon any violation of any such law, ordinance, regulation, order or decree whether by himself or his employees or Subcontractor. Should the Contractor at any time find that any requirement of this Contract is at variance with applicable laws, ordinances, or building code requirements, he shall promptly notify the City, and any necessary adjustment of the Contract will be made as specified under the section entitled Change Orders and Payments. The Contractor will be required to give all notices, and pay all fees for any and/or all permits, licenses, or inspections necessary for the prosecution of the Contract at his own expense. Patents Section 16 The Contractor will be required to indemnify, keep and save harmless the City and his officers, officials and agents from all liabilities, judgments, costs, damage or claims for damages which may arise from the infringement of any letter patented, patent rights, or royalty due on the same by reason of the use of any patented materials, machinery, devices, and equipment furnished or used in the performance of the work under this Contract, or by reason of the use of patented designs furnished and incorporated into the work by the Contractor and accepted by the City, excepting equipment furnished by the City. In the event that any claim, suit or action at law or equity of any kind whatsoever is made or brought against the City involving any such patents, then the City shall have the right to retain from the money due and/or to become due to the Contractor, a sufficient amount of money as shall be considered necessary by the Legal Advisor of the City, to protect him against loss until such claim, suit, or action shall have been settled and evidence to the effect shall have been furnished to the satisfaction of the said Legal Advisor. Taxes Section 17 The Contractor will be required to pay, without additional expense to the City, all Federal, State, Local sales, and any other taxes which may be applicable to the work under this Contract, excepting any taxes and assessments on the real property comprising the site of the Project. Assignments Section 18 The Contractor may not assign the whole or any part of this Contract or any moneys due and/or become due hereunder without written consent of the City and/or of all Sureties executing any bonds on behalf of the Contractor. In case the Contractor should assign all or any part of moneys due and/or to become due under this Contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of assignee in and to any moneys due and/or become due to the Contractor shall be subject to prior liens of all persons, firms, partnerships and corporations for services rendered or materials supplied for the performance of the work called for in these Contract Documents. Construction Schedule, Commencement and Completion Date Section 19 A Pre-Construction meeting will be scheduled by the City and at said meeting, and after execution and delivery of the Contract, the Contractor will provide a construction progress schedule satisfactory to the Project Manager, showing the proposed dates of commencements and completion of each of the various subdivisions of work, including restoration required under the Contract. The work, which the Contractor is required to perform under this Contract, shall be started within ten (10) days after receipt of written Notice to Proceed. The product, delivery, and installation which the Contractor is required to perform under this Contract, shall be complete on or before 250 days from the executed contract. Prior to any commencement of construction, the project site shall be reviewed by the Project Manager, the Contractor, or his representative, and if needed the Agency affected by the Project. Questions concerning the Project shall be addressed prior to construction. Mutual Responsibility of Contractors Section 20 If, through acts of neglect on the part of the Contractor, any other Contractor, or any Subcontractor suffers loss of damage of the work, the Contractor agrees to settle with such other Contractor or Subcontractor by agreement or arbitration, if such other Contractor or Subcontractor will so settle. However, if such other Contractor or Subcontractor should assert any claim against the City on account of any damage alleged to have been so sustained, the City shall notify the Contractor in writing, and the Contractor hereby indemnifies and saves harmless the City against any such claims. Supervision of Work by Contractor Section 21 The Contractor shall personally supervise the work or furnish at all times a duly authorized representative, who shall receive and execute all orders given by the Project Engineer. Such orders so given to and received by said representative shall be deemed to have been given to and received by the Contractor. Section 22 Supervisory personnel must be available locally, twenty-four (24) hours a day, seven (7) days a week until all items of work have been completed under this Contract. Change Orders and Payments Section 23 The Project Manager may find it necessary and desirable to make changes and/or alterations in the lines, grades, plans, form dimension, equipment, or materials from time to time, either before or after construction has begun. All work performed shall be inspected and approved by the City of Ashland Inspector prior to any payment, partial or full, is made. When applicable, all backfill and landscaping including relocating fences, mailboxes, small bushes, and the seeding with straw of work areas shall be completed by the Contractor and assumed in the cost of the Project. The City of Ashland Project manager shall notify the Contractor about all changes in the work, at any time, and it shall be completed according to all said changes without any alteration in the Contract Price except in those cases where the changes materially affect the amount of work to be done and the costs thereof. The decision of the City of Ashland Inspector regarding changes in work shall be final in all cases where no alteration in price is involved. If other work is needed to complete the job, other than what is normally expected, the Project shall continue, and a cost shall be discussed and agreed upon between the Project Architect, City of Ashland Staff, and the Contractor, as situations arise. This shall include extra fill material beyond the normal scope of the Contract and the grading of said material. This cost will be reported to the City Engineer/Property Maintenance Manager in writing prior to construction and included on a separate itemized invoice for the preparation of a Change Order. All Change Orders shall reflect all additions and subtractions to the Contract. Changes in work which involve an alteration in the amount to be paid to the Contractor shall not be commenced until the recommendations of the City Engineer/Property Maintenance Manager have been approved by the City through appropriate action, and not then until the Change Order for an alteration in price has been approved. Adjustment in the amount to be paid to the Contractor by reason of any changes in, additions to, or deductions from the amount of work to be done shall be determined by one (1) of more of the following methods of selection by the City. a. By using the unit price contained in the Contactors original Bid, or other mutually agreed unit prices. b. By using an acceptable Lump Sum Bid from the Contractor, which shall be added to or deducted from the Contract Price. The agreed price will include the Contractors Overhead and Profit, if the change involves an addition to the Contract Price; but if it involves a credit to the Owner, an allowance for Overhead and Profit also will be figured. Itemized invoices shall be taken to the Project Manager and a representative of the Contractor. The itemized invoice will be verified. Problems noted regarding the measurements shall be discussed and corrected. A corrected itemized invoice shall be re-submitted. Request for payment, partial or full, shall be submitted in the form of an itemized invoice and shall be payable within ten (10) business days from the day of commission approval. All materials and work covered by partial payments shall thereupon become the sole property of the City. This provision shall not be construed as relieving the Contractor from the sole responsibility for the care and protection of materials and work upon which payments have been made or the restoration of any damaged work. The making of Partial Payments does not waive the right of the City to require the fulfillment of all the terms of the Contract Documents. Citys Right to Withhold Certain Amounts and Make Applicable Thereof Section 24 The City holds the right to refuse any portion of any work on the Project due to quality. The Contractor may be required by the City to furnish from time to time, satisfactory evidence that all persons who have done work or furnished materials under this Contract, or may have suffered and claimed damage on account of the Contractors operations, have been fully paid or secured, and in case such evidence is not furnished as aforesaid, the Owner may in addition to the portion of any estimate retained under the proceeding provisions of these Contract Documents, also withhold sufficient amount of any payment otherwise due to the Contractor to cover: a. Payments that may be past due or payable for just claims for labor or materials furnished in and about the performance of the work or for damages sustained under this Contract. b. For defective work not remedied as hereinbefore provided; and c. For failure of the Contractor to make proper payments to his Subcontractors. The City shall have the right to act as agent for the Contractor in disbursing such funds as have been withheld pursuant to his paragraph to the party of parties who are entitled to payment there from; and the City will render to the Contractor a proper accounting of all such finds disbursed in behalf of the Contractor, but it shall be understood and agreed that the City thereby assumes no obligations toward any claimant under this provision. It is mutually agreed by and between the parties hereto that time is an essential part of this Contract; and if the Contractor shall fail to carry on the work with such force and in such manner and order, and as such points, that within the time set out in his Bid, the whole work shall not be performed including testing and restoration in accordance with the terms of these Contract Documents, the City may retain from the moneys that are, or which may become due said Contractor, the Citys estimated daily cost of the completed work for each and every calendar day the completion of the work be delayed beyond the time specified herein for such completion; or such extensions thereto, as may be approved in writing by the City upon written request from the Contractor. The Contractor shall not be entitled to a bonus for early completion. It is agreed by and between the parties hereto that inasmuch as expenses will be sustained by the City, in the event that said Contractor fails to perform the work herein specified within the time herein set forth; e.g., engineering expenses, interest charges, wages of personnel in the engineering and other department; salaries of inspectors, delay caused to other work by failure to perform this Contract, the sum per day for each working days delay shall be considered as liquidated damages and not as a penalty and shall become due said City as full payment for all such expenses sustained to it by the failure of said Contractor to complete the work as herein specified. The Right of the City to Terminate Contract Section 25 In the event that any of the provisions of these Contract Documents are violated by the Contractor or any of his Subcontractors, the Owner may serve written notice upon the Contractor and the Surety, of his intention to terminate such Contract, such notices to contain the reasons for such intention to terminate the Contract, and unless within ten (10) days after the serving of such notice upon the Contractor such violation shall cease and satisfactory arrangements for corrections by made, the Contract shall, upon the expiration of said ten (10) days cease and terminate. In the event of any termination, the City shall immediately serve notice thereof upon the Surety and the Contractor, and the Surety shall have the right to take over and perform the Contract, provided, however, that if the Surety does not commence performance thereof within thirty (30) days from the date of the mailing to such Surety of Notice of Termination, the City may take over the work and prosecute same to completion by Contract for the amount and at the expense of the Contractor, and the Contractor and his Surety shall be liable to the Owner for any excess cost occasioned the City thereby, and in such event the city may take possession of and utilize the completing the work, such materials, appliances, and shop drawings as may be on the site of the work and necessary therefore. In the event of termination, the Contractor shall immediately cease work and shall evacuate the Project without order of any court. Other Contracts Section 26 The City reserves the right to allow other work or to enter into other Contracts for work or materials to be constructed or placed in or about the work therein described, and to order the starting and progress of such other Contracts at any time prior to the completion of this Contract. The Contractor for the work herein described agrees to allow the construction of or progress of the work under such other Contract, under such arrangements for the joint occupation of the site of the work as the Project Engineer may approve. The Contractor hereby waives any claim for damages or extra compensation by reason of any real or supposed interference with his work; but if, in the judgment of the Project Engineer, the joint occupation of the site of the work by two (2) or more Contractors working on different Contracts at the same time actually impedes progress of the work herein described, then, with the approval of the City, the time of completion of the work may be proportionately extended. Suspension of Work Section 27 The City reserves the right to suspend the whole or any part of the work to be done hereunder, if it shall be deemed for the best interest of the City to do so, without compensation to the Contractor for such suspension other than extending the time for completing the work as much as it may have been delayed by such suspension. No Waiver of Contract Section 28 Neither an extension of time for any reason beyond the date fixed herein for the completion of the Contract, nor the delivery and acceptance of the whole or any part of the work by the Project Engineer, not any possession taken by the City or employees, shall be deemed to be a waiver by the City of the right to abrogate this Contract for abandonment or delay in the manner therein provided. Extension of Time Section 29 In case of the work being delayed due to acts of omission or commission on the part of the City or the interference or delay caused by other Contractors, the time for the completion of the Contract will be extended by the City, after request is made in writing by the Contractor; such an extension of time shall be no instance exceed the time actually lost to the Contractor by reason of such interference or delay. Delays Section 30 The right of the Contractor to proceed shall not be terminated nor the Contractor charged with liquidated damages because of any delays in the completion of the work due to unforeseeable causes beyond the control and without the fault of negligence of the Contractor, including, but not restricted to acts of God, or of the public enemy, acts of the City, fires, floods, epidemics, quarantine restrictions., strikes, freight embargoes, and usually severe weather or delays of Subcontractors due to such causes, if the Contractor shall, within ten (10) days from the beginning of such delay (unless the City shall grant a further period of delay, who shall ascertain the facts and the extend of the delay and extend the time for completing the work when, in its judgment, the findings, of fact justify such an extension, and its findings of fact thereon shall be final and conclusive on the parties thereto. No Estoppels Section 31 Neither the City nor his appointee shall be precluded or estoppeled by and return or certificate made or given by the City or his appointee under any provisions of this Contract, at any time (before the final completion certificate), showing the true and correct amount and character of the work done and materials furnished by the Contractor or any other person under this Contract, or that any such return or certificate is untrue and incorrect or improperly made in any particular, or that the work and materials, or any part thereof, do not, in fact, conform to the Contract Documents, and the City shall not be precluded or estoppeled, notwithstanding any such return or certificate and payment in accordance therewith, form demanding and recovering from the Contractor any damages which may be sustained by reason of his failure to comply with the Contract Documents. The final inspection of the work covered by the Contract Documents shall not be binding or conclusive upon the City, if it subsequently appears that the Contractor has willfully or fraudulently or through collusion with the representative of the City in charge of the work, supplies inferior materials or workmanship, or has departed from the terms of the Contract Documents notwithstanding the acceptance of said work and the payment of the City of all estimates. Guarantee of Work Section 32 The Contractor shall guarantee all the work for a period of one (1) year from the date of Final Payment, as written on said check, against defects resulting from the use of inferior materials, equipment or workmanship. This guarantee period shall be covered by the Performance Bond and Payment Bond as agreed upon between the City and the Contractor prior to the Final Payment of the work. The Contractor will be required during the life of this guarantee to make all repairs or changes in the one (1) year guarantee period shall commence on the date Final Payment, as written on said check. Retainer Section 33 The City shall retain ten percent (10%) of the total partial payments until the value of the work performed is one hundred percent (100%) complete. Release of Claims Section 34 The Contractor shall deliver to the City, either prior to or concurrently with the Final Payment Request, the Contractors affidavit listing all suppliers or material and all persons performing labor under and by virtue of this Contract. The Contractor shall also supply, at this time, release of liens form all material suppliers and all persons performing labor as listed in the Contractors affidavit. The Contractor will be responsible for obtaining from his Subcontractors, the affidavits and release of liens for the Subcontractors portion of the work. The Subcontractors affidavits and release of liens shall be made out jointly to the Contractor and City. Final Inspection Section 35 The City Inspector shall make a final inspection upon completion of the work; and if all the work required to be done under the Contract is found acceptable as required by the Contract Documents, the Contractor shall proceed with the Final Payment Request. Final Payment Request Section 36 The City will pay to the Contractor the total earned compensation as stated in the Final Payment Request, less all prior payments and advances, whatsoever, to or for the account of the Contractor and all amounts to be kept and retained under the provisions of these Contract Documents. All prior estimates and payments, including those relating to Change Orders shall be subject to correction by this Final Payment Request for payment of work included under these Contract Documents. The one (1) year guarantee period shall commence on the date of Final Payment, as written on said check. Contract Release Section 37 The Contractors acceptance of the Final Payment shall operate as, and shall be a release to the City, officials and agents thereof, from any and all claims and any liability to the Contractor for anything done or furnished for, or relating to or affecting the work under these Contract Documents, or for any act and neglect of the City or of any person relating to or arising out of the work. No payments, final or otherwise, shall operate to release the Contractor of his Sureties from any obligations under these Contract Documents. Notice and Service Thereof Section 38 Where, in any of the Contract Documents there is any provision in respect to the giving of any notice, such notice shall be deemed to have been given; as to the City, when written notice shall be delivered to the City, or shall have been placed in the United States Mails addressed to the City at the place where the Bids or Bids for the Contract were opened; as to the Contractor, when a written notice shall be delivered to the chief representative of the Contractor at the site of the Project, or by mailing such written notice in the United States Mails addressed to the Contractor at the place stated in the papers prepared by him to accompany his Bid at the address of his permanent place of business, as to the Surety on the Performance Bond and Payment Bond, when a written notice is placed in the United States Mails addressed to the Surety at the home office of such Surety or to its agents who executed such Performance Bond and Payment Bonds in behalf of such Surety. Legal Requirements Section 39 The intent of these Contract Documents is to include each and every provision of law and clause required by law to be inserted herein, and it shall be read and enforced as though they were included herein. Department of Housing and Urban Development Requirements Section 40 The AGENCY and CONTRACTOR for which the contribution is made will provide any and all information requested by the CITY or HUD to determine compliance with any applicable HUD requirements and shall comply with all applicable federal and state statutes, executive orders, regulatory requirements, and policies in connection with the Project. LABOR REQUIREMENTS: Compliance with certain regulations on wage and labor standards. In the case of Davis Bacon and Contract Work Hours and Safety Standards Acts, every contract for construction (in the case of residential construction, projects with eight or more units) triggers the requirements. Davis-Bacon and Related Acts (40 USC 276(A)-7): Ensures that mechanics and laborers employed in construction work under Federally assisted contracts are paid wages and fringe benefits equal to those that prevail in the locality where the work is performed. This act also provides for the withholding of funds to ensure compliance and excludes from the wage requirements apprentices enrolled in bona fide apprenticeship programs. Contract Work Hours and Safety Standards Act, as amended (40 USC 327-333): Provides that mechanics and laborers employed on Federally assisted construction jobs are paid time and one- half for work in excess of 40 hours per week, and provides for the payment of liquidated damages where violations occur. This act also addresses safe and healthy working conditions. Copeland (Anti-Kickback) Act (40 USC 276c): Governs the deductions from paychecks that are allowable. Makes it criminal offense to induce anyone employed on a Federally assisted project to relinquish any compensation to which he/she is entitled, and requires all contractors to submit weekly payrolls and statements of compliance. Fair Labor Standards Act of 1938, As Amended (29 USC 201, et. Seq.): Establishes the basic minimum wage for all work and requires the payment of overtime at the rate of at least time and on-half. It also requires the payment of wages for the entire time that an employee is required or permitted to work, and establishes child labor standards. CONFLICT-OF-INTEREST: CDBG regulations require compliance with conflict-of-interest provisions 24CFR Parts 84 and 85 and/or CDBG regulations at 570.611. DEBARRED CONTRACTORS: In accordance with 24 CFR Part 5, CDBG funds may not be used to directly or indirectly employ, award contracts/agreements to or otherwise engage the services of any contractor or sub-recipient during any period of debarment, suspension or placement of ineligibility status. Neither he nor any firm, partnership or association in which he has substantial interest is designated 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)). By signing and submitting this proposal, the prospective lower-tier participant certifies that neither it, its principals nor affiliates, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded from participation in this transaction by any Federal department or agency. Further, the Participant provides the certification set out below. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that an erroneous certification was rendered, in addition to other remedies available to the Federal Government, the Department or agency with which this transaction originated may pursue available remedies. Further, the Participant shall provide immediate written notice to the person in whom this proposal is submitted if at any time the Participant learns that this certification was erroneous when submitted or has become erroneous by reason of changed circumstances. By submitting this proposal, it is agreed that should the proposed covered transaction be entered into, the Participant will not knowingly enter into any lower-tier covered transaction with a person who is debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction unless authorized by the agency with which this transaction originated. It is further agreed that by submitting this proposal, the Participant will include this Certification, without modification, in all lower-tier covered transactions and in all solicitations for lower-tier covered transactions. EQUAL OPPORTUNITY: Compliance with the following regulations that ensure equal opportunity for employment and contracting. Equal Employment Opportunity, Executive Order 11246, as amended Section 3 of the Housing and Urban Development Act of 1968 Minority/Womens Business Enterprise under Executive Orders 11625, 12432 and 12138 Fair Housing Act: The Fair Housing Act prohibits discrimination in housing because of: Race or color National Origin Religion Sex Familial status (including children under the age of 18 living with parents or legal custodians; pregnant women and people securing custody of children under 18) Handicap (Disability) The Fair Housing Act covers most housing. In some circumstances, the Act exempts owner- occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker and housing operated by organizations and private clubs that limit occupancy to members. What is Prohibited? In the Sale or Rental of Housing: No one may take any of the following actions based on race, color, national origin, religion, sex, familial status or handicap (disability): Refuse to rent or sell housing Refuse to negotiate for housing Make housing unavailable Deny a dwelling Set different terms, conditions, or privileges for sale or rental of a dwelling Provide different housing services or facilities Falsely deny that housing is available for inspection, sale or rental For profit, persuade owners to sell or rent (blockbusting) or Deny anyone access to or membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing PROCUREMENT STANDARDS: 24 CFR 85.36 and/or 24 CFR Part 84 NON-DISCRIMINATION AND EQUAL ACCESS: No person in the shall on the grounds of race, color, national origin, religion, or sex be excluded, denied benefits or subjected to discrimination under any program funded in whole or in party by CDBG funds. Measures must be taken to ensure non- discriminatory treatment, outreach an access to program resources. This applies to employment and contracting, as well as to marketing and selection of program participants. Fair Housing and Equal Opportunity: Activities must comply with the following Federal laws, executive orders and regulations pertaining to fair housing and equal opportunity. Title VI of the Civil Rights Act of 1964, As Amended (42 USC 2000d et seq) The Fair Housing Act (42 USC 3601-3602) NON-COLLUSION AFFIDAVIT OF CONTRACTOR: This proposal is genuine and is not a collusive or sham proposal. Neither the said contractor nor any of its officers, partners, owners, agents or representatives, employees, or parties in interest, including the affinity has in any way colluded, conspired, connived or agree, directly or indirectly with any other contactor, firm, or person to submit a collusive or sham bid in connection with such contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other contractor, firm, or person to fix the price or prices in the attached proposal or of any other contractor, or to fix any overhead, profit or cost element of the proposal price or the proposal price of any other contractor, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Ashland or any person interested in the proposed agreement; and the price or prices quoted in the attached proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the contractor or any of its agents, representatives, owners, employees or parties, including this affiant. STATEMENT OF COMPLIANCE WITH NON-DISCRIMINATION REGULATIONS: The undersigned contractor certifies that he and his company will not discriminate against any person regarding age, sex, race, religion, national origin or creed, in accordance with Presidents Executive Orders 11246 and 11375 and other appropriate Federal, Commonwealth of Kentucky and City of Ashland rules, regulations and ordinances in effect at this time. The undersigned also certifies that he does not and will not maintain or provide for their employees facilities that are segregated and that they will make a positive effort to use small businesses, minority and female owned businesses in the performance of this contract. RELEASE OF MECHANICS LIEN: The undersigned contractor certifies that he and his company having furnished materials and/or labor at the above project do hereby release all liens or rights to file liens against said property for material and/or services of labor provided for this project. CERTIFICATION CONCERNING LABOR STANDARDS AND CONTRACTOR ELIGIBILITY: The contractor acknowledges that: The Labor Standards provisions are included in this agreement. Correction of any infractions of the aforesaid provisions, including infractions by any of his subcontractors and any lower tier subcontractors is his responsibility. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 3 ACT Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) (as amended), requires that economic opportunities generated by certain HUD financial assistance for housing (including Public and Indian Housing) and community development programs shall, to the greatest extent feasible, be given to low and very low-income person, particularly those who are recipients of government assistance for housing, and to businesses that provide economic opportunities for these persons. Who are Section 3 residents? Public housing residents including persons with disabilities. Low and very low-income persons who live in the area where a HUD assisted project is located. What is a Section 3 business? That is owned by Section 3 residents, employs Section 3 residents or; Subcontracts with businesses that provide opportunities to lo and very low-income persons. The City of Ashland, Department of Planning and Community Development encourage the Contractors bidding on any Community Development Block Grant Homeowner Rehabilitation Project to notify this department that they are a Section 3 Business at the time of bidding or that they will hire Section 3 employees and or Subcontractors if they are the awarding bid. Ashland Senior Center Storefront Rehabilitation PAGE 1 OF 2 THIS CONTRACT, made and entered into this _____ day of _______________, 2023, by and between the CITY OF ASHLAND, KENTUCKY, a Municipal Corporation, hereinafter known as the CITY, acting by and through its Mayor, Matthew Perkins, duly authorized thereunto, and ____________________, party of the second part, hereinafter known as the COMPANY. WITNESSETH: That for and in consideration of the unit prices as listed on the bid form attached hereto to be paid by the CITY to the COMPANY as hereinafter contained and set forth, and in further consideration of the mutual covenants and agreements hereinafter contained and set forth, the COMPANY has agreed and does by these presents, hereby covenant, agree and bind itself to furnish and perform to and for the CITY all necessary supervision, labor, material, tools, equipment (except as specified), services, and all facilities required for the completion of this Contract for the City of Ashland, Department of Community and Economic Development, all in accordance with the Bid of the COMPANY dated _______________. Said specifications and Bid Form are attached hereto and made part of this Contract to all intents and purposes as though set out at length in words and figures herein. > Ashland Senior Center Storefront Rehabilitation (TITLE) PAGE 2 OF 2 IN TESTIMONY OF ALL WHICH, the said CITY has caused its Corporate Name to be affixed by Matthew Perkins, attested by Susan Maddix, City Clerk, and its Corporate Seal to be hereunto affixed, and the COMPANY has caused its Corporate Name to be hereunto subscribed by its ____________________, in duplicate original copies, each party taking a copy, this the day and date first written. This contract will be in effect for up to one year from the signing date. CITY OF ASHLAND, KENTUCKY BY _________________________ MATTHEW PERKINS, MAYOR ATTEST _________________________ SUSAN MADDIX, CITY CLERK _________________________ BY _________________________ TITLE _________________________ > U.S. Department of Labor Wage and Hour Division Fact Sheet #66: The Davis-Bacon and Related Acts (DBRA) This fact sheet provides general information concerning DBRA. Coverage (March 2022) DBRA requires payment of prevailing wages on federally funded or assisted construction projects. The Davis-Bacon Act applies to each federal government or District of Columbia contract in excess of $2,000 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works. Many federal laws that authorize federal assistance for construction through grants, loans, loan guarantees, and insurance are Davis-Bacon Related Acts. The Related Acts include provisions that apply Davis-Bacon labor standards to most federally assisted construction. Examples of Related Acts include the Federal-Aid Highway Acts, the Housing and Community Development Act of 1974, and the Federal Water Pollution Control Act. Basic Provisions/Requirements Contractors and subcontractors must pay laborers and mechanics employed directly upon the site of the work at least the locally prevailing wages (including fringe benefits), listed in the Davis-Bacon wage determination in the contract, for the work performed. Davis-Bacon labor standards clauses must be included in covered contracts. The Davis-Bacon prevailing wage is the combination of the basic hourly rate and any fringe benefits listed in a Davis-Bacon wage determination. The contractors obligation to pay at least the prevailing wage listed in the contract wage determination can be met by paying each laborer and mechanic the applicable prevailing wage entirely as cash wages or by a combination of cash wages and employer-provided bona fide fringe benefits. Prevailing wages, including fringe benefits, must be paid on all hours worked on the site of the work. Apprentices or trainees may be employed at less than the rates listed in the contract wage determination only when they are in an apprenticeship program registered with the Department of Labor or with a state apprenticeship agency recognized by the Department. Contractors and subcontractors are required to pay covered workers weekly and submit weekly certified payroll records to the contracting agency. They are also required to post the applicable Davis-Bacon wage determination with the Davis-Bacon poster (WH-1321) on the job site in a prominent and accessible place where they can be easily seen by the workers. Davis-Bacon Wage Determinations Davis-Bacon wage determinations are published on the System for Award Management (SAM) website at https://sam.gov/content/wage-determinations for contracting agencies to incorporate them into covered contracts. The prevailing wages are determined based on wages paid to various classes of laborers and mechanics employed on specific types of construction projects in an area. Guidance on determining the type of construction is provided in All Agency Memoranda Nos. 130, 131, and 236. FS 66 U.S. Wage and Hour Division https://www.dol.gov/agencies/whd/laws-and-regulations/laws/dbra https://www.ecfr.gov/current/title-29/subtitle-A/part-5#5.2 https://www.ecfr.gov/current/title-29/subtitle-A/part-5#5.2 http://www.dol.gov/cgi-bin/leave-dol.asp?exiturl=http%3A//s.dol.gov/5Y&exitTitle=www.gpoaccess.gov&fedpage=yes https://www.ecfr.gov/current/title-29/subtitle-A/part-5#5.2 https://www.ecfr.gov/current/title-29/subtitle-A/part-5#5.5 https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/fedprojc.pdf https://sam.gov/content/home https://sam.gov/content/wage-determinations https://sam.gov/content/wage-determinations/resources/all-agency-memos Penalties/Sanctions and Appeals Contract payments may be withheld in sufficient amounts to satisfy liabilities for underpayment of wages and for liquidated damages for overtime violations under the Contract Work Hours and Safety Standards Act (CWHSSA). In addition, violations of the Davis-Bacon contract clauses may be grounds for contract termination, contractor liability for any resulting costs to the government and debarment from future contracts for a period up to three years. Contractors and subcontractors may challenge determinations of violations and debarment before an Administrative Law Judge (ALJ). Interested parties may appeal ALJ decisions to the Departments Administrative Review Board. Final Board determinations on violations and debarment may be appealed to and are enforceable through the federal courts. Typical Problems (1) Misclassification of laborers and mechanics. (2) Failure to pay full prevailing wage, including fringe benefits, for all hours worked (including overtime hours). (3) Inadequate recordkeeping, such as not counting all hours worked or not recording hours worked by an individual in two or more classifications during a day. (4) Failure of to maintain a copy of bona fide apprenticeship program and individual registration documents for apprentices. (5) Failure to submit certified payrolls weekly. (6) Failure to post the Davis-Bacon poster and applicable wage determination. Relation to State, Local, and Other Federal Laws The Copeland Anti-Kickback Act prohibits contractors from in any way inducing an employee to give up any part of the compensation to which he or she is entitled under his or her contract of employment, and requires contractors to submit a weekly statement of the wages paid to each employee performing DBRA covered work. Contractors on projects subject to DBRA labor standards may also be subject to additional prevailing wage and overtime pay requirements under State (and local) laws. Also, overtime work pay requirements under CWHSSA) and the Fair Labor Standards Act may apply. Under Reorganization Plan No. 14 of 1950, (5 U.S.C.A. Appendix), the federal contracting or assistance- administering agencies have day-to-day responsibility for administration and enforcement of the Davis-Bacon labor standards provisions and, in order to promote consistent and effective enforcement, the Department of Labor has regulatory and oversight authority, including the authority to investigate compliance. Where to Obtain Additional Information For additional information, visit our Wage and Hour Division Website: http://www.wagehour.dol.gov and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866- 4USWAGE (1-866-487-9243). This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations. U.S. Department of Labor Frances Perkins Building 200 Constitution Avenue, NW Washington, DC 20210 1-866-4-USWAGE Contact Us http://www.dol.gov/whd/contracts/cwhssa.htm https://www.dol.gov/agencies/whd/government-contracts/copeland-anti-kickback https://www.dol.gov/agencies/whd/flsa https://www.dol.gov/agencies/whd/laws-and-regulations/laws/reorganization-plan-1950 https://www.dol.gov/agencies/whd https://www.dol.gov/agencies/whd/contact U.S. Department of Labor PAYROLL (For Contractor's Optional Use; See Instructions at www.dol.gov/whd/forms/wh347instr.htm) Wage and Hour Division Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. NAME OF CONTRACTOR OR SUBCONTRACTOR ADDRESS OMB No.:1235-0008 Expires: 04/30/2021 PAYROLL NO. FOR WEEK ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO. (1) (2) (3) (4) DAY AND DATE (5) (6) (7) (9) (8) DEDUCTIONS O O O O O O O O NAME AND INDIVIDUAL IDENTIFYING NUMBER (e.g., LAST FOUR DIGITS OF SOCIAL SECURITY NUMBER) OF WORKER N O . O F W IT H H O LD iN G E XE M P TI O N S WORK CLASSIFICATION O T. O R S T. HOURS WORKED EACH DAY TOTAL HOURS RATE OF PAY GROSS AMOUNT EARNED FICA WITH- HOLDING TAX OTHER TOTAL DEDUCTIONS NET WAGES PAID FOR WEEK S S S S S S S S Rev. Dec. 2008 Rev. Dec. 2008 While completion of Form WH-347 is optional, it is mandatory for covered contractors and subcontractors performing work on Federally financed or assisted construction contracts to respond to the information collection contained in 29 C.F.R. 3.3, 5.5(a). The Copeland Act (40 U.S.C. 3145) contractors and subcontractors performing work on Federally financed or assisted construction contracts to "furnish weekly a statement with respect to the wages paid each employee during the preceding week." U.S. Department of Labor (DOL) regulations at 29 C.F.R. 5.5(a)(3)(ii) require contractors to submit weekly a copy of all payrolls to the Federal agency contracting for or financing the construction project, accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper Davis-Bacon prevailing wage rate for the work performed. DOL and federal contracting agencies receiving this information review the information to determine that employees have received legally required wages and fringe benefits. Public Burden Statement We estimate that is will take an average of 55 minutes to complete this collection, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. If you have any comments regarding these estimates or any other aspect of this collection, including suggestions for reducing this burden, send them to the Administrator, Wage and Hour Division, U.S. Department of Labor, Room S3502, 200 Constitution Avenue, N.W. Washington, D.C. 20210 (over) US. Wage and Hour Division nthai nthai nthai nthai Date I, (Name of Signatory Party) (Title) do hereby state: (1) That I pay or supervise the payment of the persons employed by on the (Contractor or Subcontractor) ; that during the payroll period commencing on the (Building or Work) day of , , and ending the day of , , all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly to or on behalf of said from the full (Contractor or Subcontractor) weekly wages earned by any person and that no deductions 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 C.F.R. 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. 3145), and described below: (2) That any payrolls otherwise under this contract required to be submitted for the above period are correct and complete; that the wage rates for laborers or mechanics contained therein are not less than the applicable wage rates contained in any wage determination incorporated into the contract; that the classifications set forth therein for each laborer or mechanic conform with the work he performed. (3) That any apprentices employed in the above period are duly registered in a bona fide apprenticeship program registered with a State apprenticeship agency recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or if no such recognized agency exists in a State, are registered with the Bureau of Apprenticeship and Training, United States Department of Labor. (4) That: (a) WHERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS in addition to the basic hourly wage rates paid to each laborer or mechanic listed in the above referenced payroll, payments of fringe benefits as listed in the contract have been or will be made to appropriate programs for the benefit of such employees, except as noted in 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. (c) EXCEPTIONS REMARKS: EXCEPTION (CRAFT) EXPLANATION NAME AND TITLE SIGNATURE THE WILLFUL FALSIFICATION OF ANY OF THE ABOVE STATEMENTS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION. SEE SECTION 1001 OF TITLE 18 AND SECTION 231 OF TITLE 31 OF THE UNITED STATES CODE. nthai nthai nthai nthai nthai nthai nthai 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 employers 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 therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215- 0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the 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 2 of 5 form HUD-4010 (06/2009) ref. Handbook 1344.1 of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 3. (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 communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215- 0140 and 1215-0017.) (ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i) except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employees social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) (b) Each payroll submitted shall be accompanied by a Statement of Compliance, signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5 (a)(3)(ii), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 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 5.12. 4. 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 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 journeymans hourly rate) specified in the contractors or subcontractors registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentices 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 trainees 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 the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractors firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., Federal Housing Administration transactions, provides in part: Whoever, for the purpose of . . . influencing in any way the action of such Administration..... makes, utters or publishes any statement knowing the same to be false..... shall be fined not more than $5,000 or imprisoned not more than two years, or both. 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefore 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.(3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC 3701 et seq. (3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions file:///C/Users/jrisner/Downloads/ky101.txt[4/5/2024 3:56:47 PM] "General Decision Number: KY20240101 02/16/2024 Superseded General Decision Number: KY20230101 State: Kentucky Construction Type: Building Counties: Boyd and Greenup Counties in Kentucky. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1). ______________________________________________________________ |If the contract is entered |. Executive Order 14026 | |into on or after January 30, | generally applies to the | |2022, or the contract is | contract. | |renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at | |after January 30, 2022: | least $17.20 per hour (or | | | the applicable wage rate | | | listed on this wage | | | determination, if it is | | | higher) for all hours | | | spent performing on th