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HomeMy WebLinkAboutGreat Western Installations, Inc. Public Works Construction Chateau Park Playground CONTRACT CHECKLIST I. PROJECT INFORMATION Date: 3/21/2022 REQUESTING DEPARTMENT Parks Project Name: Chateau Park Playground Project Manager: Mike Barton Contract Amount: $222,698 Contractor/Consultant/Design Engineer: Contractor-Great Western Installations, Inc. Is this a change order? Yes ❑ No ❑ Change Order No. N/A II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type Fund: 60 Budget Available(Purchasing attach report): Department 3520 Yes ❑� No ❑ Construction ❑ GL Account 53351 FY Budget: 2022 Task Order ❑ Project Number: 6003.129 Enhancement: Yes ❑ No ❑ Professional Service ❑ Equipment ❑ Will the project cross fiscal years? Yes❑ No ✓❑ Grant ❑ IV. GRANT INFORMATION-to be completed only on Grant funded projects Grant#: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status(Federal Funded) 6003.129 2/11/2022 2/11/2022 TBD Print and Attach the determination Print,attach and amend bid by addendum(if changed) www.sam.gov Print and attach V. BASIS OF AWARD BID RFP/RFQ TASK ORDER Award based on Low Bid Highest Ranked Vendor Selected Master Agreement Category (Bid Results Attached) Yes 0 No ❑ (Ratings Attached) Yes ❑No Date MSA Roster Approved: Typical Award Yes 0 No ❑ If no please state circumstances and conclusion: Date Award Posted: 3/20/2022 7 day protest period ends: March 27,2022 VI. CONTRACTOR/CONSULTANT REQUIRED INFORMATION PW License 0490044-B-4 Expiration Date: Corporation Status Active-Good Standin Insurance Certificates Received(Date): Expiration Date: Rating: Payment and Performance Bonds Received(Date): Rating: Builders Risk Ins.Req'd: Yes ❑ No ❑ If yes,has policy been purchased? (Only applicabale for projects above$1,000,000) VII. TASK ORDER SELECTION (Project Manager to Complete) Reason Consultant Selected ❑ 1 Performance on past projects Check all that apply ❑ Quality of work ❑ On Budget ❑On Time ❑ Accuracy of Construction Est ❑ 2 Qualified Personnel ❑ 3 Availability of personnel ❑ 4 Local of personnel Description of negotiation process and fee evaluation: Enter Supervisor Name Date Approve Vill. AWARD INFORMATION Date Submitted to Clerk for Agenda: Approval Date 5-3-2022 By: City Council Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final CONTRACT FOR HUD FUNDED PUBLIC WORKS CONSTRUCTION CHATEAU PARK PLAYGROUND PROJECT# 6003.129 THIS CONTRACT FOR HUD FUNDED PUBLIC WORKS CONSTRUCTION is made this 51" day of April, 2022, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Great Western Installations, Inc., hereinafter referred to as"CONTRACTOR", whose business address is 975 S. Hwy 89-91, Logan, UT 84321 and whose Public Works Contractor License # is 0490044-B-4 and whose DUNS Number is 80664433. INTRODUCTION Whereas, the City has a need for services involving Playground installation; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable,the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. CHATEAU PARK PLAYGROUND page 1 of 13 Project 6003.129 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not-To-Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $222,697.95. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation,salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation,drawings, renderings or mockups or material escalations. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. CHATEAU PARK PLAYGROUND page 2 of 13 Project 6003.129 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Termination: 4.1 If,through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement,violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if City determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. CHATEAU PARK PLAYGROUND page 3 of 13 Project 6003.129 Item#13. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Sub-Contractors: Contractor shall require that all of its sub-contractors be licensed per State of Idaho Statute # 54-1901 7. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 8. Indemnification and Insurance: 8.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and for any and all losses, claims, actions,judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000)per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and CHATEAU PARK PLAYGROUND page 4 of 13 Project 6003.129 Page 253 Item#13. attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 8.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. 8.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 8.4 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 8.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 8.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 8.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. CHATEAU PARK PLAYGROUND page 5 of 13 Project 6003.129 Page 254 Item#13. 10. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho with a Best's rating of no less than A-. In the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re-procurement of the contract services. 11. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 12. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation,which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 13. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 14. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: http://www.meridiancity.org/environmental.aspx?id=13618. CHATEAU PARK PLAYGROUND page 6 of 13 Project 6003.129 Page 255 Item#13. Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 15. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right-of-Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 16. Reports and Information: 16.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 16.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 17. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 18. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. CHATEAU PARK PLAYGROUND page 7 of 13 Project 6003.129 Page 256 Item#13. 19. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 20. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents. 21. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 22. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 23. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 24. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. CHATEAU PARK PLAYGROUND page 8 of 13 Project 6003.129 Page 257 Item#13. 25. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 26. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 27. Payment Request: Payment requests shall be submitted to City of Meridian Parks Department,33 East Broadway Ave., Meridian, ID 83642. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done, and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Retainage of five percent (5%) of the current contract value will be withheld from the pay application(s) until final completion has been met and releases from both the Idaho Tax Commission and Surety have been received by the City. Final payment will not be released until the City has received a tax release from the Tax Commission. 28. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 29. Order of Precedence: The order or precedence shall be this contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 30. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 31. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. CHATEAU PARK PLAYGROUND page 9 of 13 Project 6003.129 Page 258 32. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian Great Western Installations, Inc. Purchasing Manager Attn: Taggart Castleton 33 E Broadway Ave 975 S. Hwy 89-91 Meridian, ID 83642 Logan, UT 84321 208-489-0417 Phone: 432-245-5055 Email:taggart@gwpark.com Idaho Public Works License#0490044-B-4 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 33. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN GREAT WESTERN INSTALLATIONS,INC BY: BY: KEITH WATTS, Procurement Manager SardWa Openshaw Dated: 5-3-2022 Approved at CC 1 //�� Dated: L 2-02Z Project Manager Mike Barton CHATEAU PARK PLAYGROUND page 10 of 13 Project 6003.129 Item#13. EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PKS-2220-6003.129 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the current version of the Idaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: • SCOPE OF WORK (1 of page) • Playground graphics & specifications (7 of pages) • CDBG Supplemental Conditions • Wage Determination CHATEAU PARK PLAYGROUND page 11 of 13 Project 6003.129 Page 260 Item#13. SCOPE OF WORK CHATEAU PARK PLAYGROUND The Contractor shall remove all existing play structure and rubber surface and replace per the attached drawings. This project is funded by a HUD CDBG grant all labor is subject to Davis Bacon wages and rules (see attached instructions). Equal playground materials may be accepted per page 4 of the document titled "2 — ITB — CDBG Construction General Conditions and Instructions". • Removal of existing playground and bonded rubber surfacing • Provide and Install all playground structures and site amentities per drawings and list below • Provide and Instal new rubber subbase per the attached drawing LIST OF PLAYGROUND EQUIPMENT INCLUDED IN DRAWINGS • RDU GameTime - Custom Inclusive Structure • RDU GameTime - Swing Structure • RDU GameTime - Freestanding Panels • 3025 GameTime - Spinning Sensory Wave Seat • 6246 GameTime - Solo Spinner • 14927 GameTime - NDS Play On Sign Package • 14928 GameTime - NDS Inclusive Play Sign Package • BR GT-Impax - Bonded Rubber - CFH (Flush edges, Aromatic Binder, CHATEAU PARK PLAYGROUND page 12 of 13 Project 6003.129 Page 261 Item#13. Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for all work contemplated under this Agreement shall not exceed $222,697.95. MILESTONE DATES/SCHEDULE Milestone 1 Substantial Completion 60 Days from Notice to Proceed Milestone 2 Final Completion 90 Days from Notice to Proceed PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required per ITB PKS-2220-6003.129 NOT TO EXCEED CONTRACT TOTAL....................... $222,697.95 CHATEAU PARK PLAYGROUND page 13 of 13 Project 6003.129 Page 262 Item#13. CDBG SUPPLEMENTAL GENERAL CONDITIONS ' These Supplemental General Conditions are to be part of a City of Meridian Community Development Block Grant funded construction project. i PRECONSTRUCTION CONFERENCE After the contract(s) have been awarded but before the start of construction, a conference will be held for the purpose of discussing requirements on such matters as project supervision,progress schedule and reports, payrolls, payment to contractors, contract change order, insurance, safety and other items pertinent to the project. The contractor shall arrange to have all subcontractors and supervisory personnel connected with the project on hand to meet with representatives of the engineer and owner to discuss any problems anticipated REPORTS AND INFORMATION The contractor, at such times and in such forms as the City may require, shall furnish the City such periodic reports as requested pertaining to the work or services undertaken pursuant to this contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this contract. CONFLICT OF INTEREST No member, officer, or employees of the grantee, or its designees or agents, no members of the grantee's governing body and no other public official of the grantee who exercises any functions or responsibilities with respect to this contract during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in work to be performed in connection with this contract. All contractors shall incorporate, or cause to be incorporated, in all subcontracts,a provision prohibiting such interest. MINORITY BUSINESS ENTERPRISE Affirmative steps will be taken to assure that small, minority and female businesses and firms located in labor surplus areas are used when possible as sources of supplies, equipment, construction and services. Affirmative steps shall include the following: 1. Include any such qualified firms on solicitation lists. 2. Assure that such firms are solicited whenever they are potential sources. 3. When economically feasible, divide total requirements into small tasks or quantities so as to permit such firms maximum participation. 4. Where possible, establish delivery schedules which will encourage such participation. 5. Use the services and assistance of the Small Business Administration,Idaho Transportation Department's Disadvantage Business Enterprise Program, and other sources when appropriate. (24 CFR Part 85.36(e)(vi)) HUDSECTION 3 If funding for this project exceeds $200,000 of HUD housing and community development financial assistance to the project(or$100,000 of Lead Hazard or Healthy Homes funding),the parties to this contract will comply with the regulations set forth in 24 CFR Part 75 and all applicable riles and orders of the department issued thereunder. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in,or owned in substantial part by persons residing in the area of the project. The parties to this contract certify and agree that they are under no contractual or other disability that would prevent them from complying with these requirements. The contractor will include the Section 3 requirements in every subcontract in connection with the project. Failure to fulfill these requirements shall subject the contractor and subcontractors,its successors, and assigns to those sanctions specified by the grant agreement through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 75.19. See Section 3 Additional Information within the bidding document. Page 263 Item#13. DUNS AND BRADSTREET NUMBER Prior to the award of the contract,bidders shall possess or obtain a DUNS number assigned by the company Dun& Bradstreet.If your organization does not already have a DUNS Number,please visit the Dun&Bradstreet website at www.dnb.com or call 1-866-653-1344.The process of obtaining a DUNS Number is free of charge and should take less than 15 minutes. CDBG funds cannot be used to pay for goods or services from contractors or subcontractors that have been disbarred or suspended. Contractors are responsible for ensuring they or their subcontractors have not been disbarred or suspended according to https://sam.gov. STANDARD ENVIRONMENTAL MITIGATION MEASURES 1. The construction contractors must comply with the Rules for the Control of Air Pollution in Idaho, IDAPA 58.01.01.651,by implementing precautions to prevent particulate matter from becoming airborne. 2. If any items of suspected historical or archaeological value are uncovered during construction,the contractor will be required to stop work and contact the Idaho State Historic Preservation Office and the Idaho Department of Commerce. 3. The collection and disposal of storm and surface water runoff from the project site must comply with the Idaho Department of Environmental Quality's(DEQ)Catalog of Storm Water Best Management Practices for design of all storm water treatment and disposal systems. 4. The contractor shall comply with the provisions of the Environmental Protection Agency's Idaho Pollutant Discharge Elimination System (IPDES) General Permit for Storm Water Discharge from Constriction Activities and the Construction Storm Water Pollution Prevention Plan (SWPPP). 5. If during the construction of the project, an underground storage tank, buried drum, other container, contaminated soil, or debris not scheduled for removal under the contract are discovered, the Contractor shall immediately notify the Engineer and the City. No attempt shall be made to excavate, open, or remove such material without written approval. CLEAN AIR AND WATER ACT For all contracts and subcontracts exceeding $100,000,the contractor and all subcontractors shall comply with the requirements of the Clean Air Act,as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act,as amended, 33 USC 1368 et seq.,and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR 15,as amended. 1. Any building, facility or site listed on the EPA List of Violating Facilities as of this contract may not be used in the performance of this contract. 2. The contractor will comply with all the requirements of Section 114 of the Air Act and Section 308 of the Water Act relating to inspection, monitoring, entry, reports and information, as well as other requirements specified in Sections 114 and 308 of the respective Acts, and all regulations and guidelines issued thereunder. 3. Prior to signing this contract, the contractor shall notify the grantee of any communication from EPA indicating that a facility to be used in the performance of this contract is under consideration to be listed on the EPA List of Violating Facilities. 4. The contractor shall include or cause to be included these four (4) provisions in every subcontract in excess of$100,000 and take such action as the government may direct as a means of enforcing such provisions. INSURANCE DURING CONSTRUCTION The contractor shall have in effect without interruption from the date of construction commencement until final payment is made and the Project is closed-out pursuant to the terms of this Contract, the following types of insurance. Further, the contractor warrants such insurance coverage shall be written on an "occurrence"basis and will be obtained with the following minimum liability limits: 1. Workers' Compensation Insurance and Employer's Liability Insurance: (1)State Statutory Limits (2)Employer's Liability $100,000 per accident $500,000 Disease;Policy Limit $100,000 Disease;Each Employee 2. Comprehensive or Commercial General Liability Insurance which shall be endorsed to name the City as an additional insured. It shall include premises operation, owners and contractors protective liability, products and completed operations liability, personal injury liability including employee acts, broad form property damage liability and blanket contractual liability, with no exclusion for explosion (X), collapse (C)and underground (U) hazards: Page 264 Item#13. (1) $1,000,000 Each Occurrence (2) $1,000,000Personal Injury (3) $2,000,000 Products/Completed Operations to be maintained for two(2) years following final payment (4) $2,000,000 General Aggregate 3. Automobile Liability Insurance which shall be endorsed to name the City of Meridian as an additional insured. It shall include for bodily injury and property damage:$1,000,000 Combined Single Limit CERTIFICATION OF NONSEGREGATED FACILITIES { For contracts in excess of $10,000, the contractor certifies that he/she does not maintain or provide for his/her employees any segregated facility at any of his/her establishments,and that he/she does not permit employees to perform their services at any location, under his/her control, where segregated facilities are maintained. He/she certifies further that he/she will not maintain or provide for employees any segregated facilities at any of his/her establishments,and he/she will not permit employees to perform their services at any location under his/her control where segregated facilities are maintained. The bidder, offeror, applicant or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause of this contract. As used in this certification, the term"segregated facilities" means any waiting rooms, work areas,rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas, *transportation and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. She/he further agrees that (except where she/he has obtained identical certifications from proposed subcontractors for specific time periods)she/he will obtain identical certification from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause; that she/he will forward the following notice to such proposed subcontractors (except where proposed subcontractors have submitted identical certifications for specific time periods). *Parking lots, drinking fountains, recreation or entertainment areas. CONTRACT PRICING j The cost phis a percentage of cost and percentage of construction cost method of contracting shall not be used.This clause overrides all references to the cost-plus method of pricing. DATA, PATENT, AND COPYRIGHT 'i The contractor shall hold and save the City and its officers,agents,servants and employees harmless from liability of any nature or kind,including cost and expenses for,or on account of,any patented or unpatented invention,process,article or appliance manufactured or used in the performance of the contract, including its use by the City, unless otherwise specifically stipulated in the contract documents. 1 ACCESS TO RECORDS The grantee,the federal grantor agency,the Comptroller General of the United States,the City of Meridian,or any of their duly authorized representatives,shall have access to any books,documents,papers,and records of the contractor which are directly pertinent to this specific contract,for the purpose of making audit,examination,excerpts,and transcriptions.All required records must be maintained by the contractor for three(3)years after grantee makes final payments and all other pending matters are closed. (24 CFR Part 85.36(i)(10)) ARCHITECTURAL BARRIER ACT Any building designed,constructed or altered must be made accessible to persons with disabilities.Exceptions include(1) alterations where access cannot be provided,i.e.roofs,heating systems,water and sewer systems; (2)alterations are not structurally feasible;or (3) where Uniform Federal Accessibility Standards(UFAS) or Americans With Disabilities Act (ADA) requirements cannot be met according to undue hardship criteria.(42 USC 4151 et seq.,24 CFR Part 40(UFAS),24 CFR Part 8) LEAD BASED PAINT For all residential new construction or rehabilitation,use of lead-based paint on any interior surface,whether accessible or inaccessible,and exterior surfaces readily accessible to children under seven(7)years of age is prohibited.The surfaces of all existing structures must be inspected. If lead based paint is found on any interior surfaces or accessible surfaces,it must be treated and repainted Page 265 I Item#13. wit two(2)coats of nonlead paint;or completely removed;or covered with a suitable material such as gypsum wallboard,plywood or plaster.(42 USC 4801 et seq.,24 CFR Part 35) DAVIS-BACON AND RELATED ACTS See Federal Labor Standards Provisions HUD Form 4010 within the bidding document. COPELAND "ANTI-KICKBACK" ACT See Federal Labor Standards Provisions HUD Form 4010 within the bidding document. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT, SECTIONS 103 AND 107 See Federal Labor Standards Provisions HUD Form 4010 within the bidding document. EXECUTIVE ORDER 11246: EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract,the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race,color,religion, sex,or national origin.The contractor will take affirmative action to ensure that applicants are employed,and that employees are treated during their employment without regard to their race,color,religion,sex,or national origin.Such action shall include,but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation;and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places,available to employees and applicants for employment,notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor,state that all qualified applicants will receive considerations for employment without regard to race,color,religion,sex,or national origin. 3. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding,a notice to be provided advising the said labor union or workers'representatives of the contractor's commitments under this section,and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, i regulations, and relevant orders of the Secretary of Labor. S. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books,records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or part and the contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 7. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in,or is threatened with,litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. Page 266 Ltj#13.1 e applicant further agrees that it will be bound b the above equal opportunity clause with respect to its own employment PP g Y q PP Y PI practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government,the above equal opportunity clause is not applicable to any agency,instrumentality or subdivision of such government which does not participate in work on or under the contract. 9. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations,and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. I0. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from,or who has not demonstrated eligibility for,Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order.In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions:Cancel, terminate, or suspend in whole or in part this grant (contract,loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant;and refer the case to the Department of Justice for appropriate legal proceedings. Page 267 Item#13. FEDERAL LABOR STANDARDS - HUD FORM 4010 Federal Labor Standards Provisions U.S.Department of Housing and Urban Development Office of Labor Relations Applicability (1) The work to be performed by the classification The Project or Program to which the construction work requested Is not performed by a classification In the wage covered by this contract pertains is being assisted by the determination; and United States of America and the following Federal Labor (2) The classification Is utilized in the area by the Standards Provisions are Included In this Contract construction Industry;and pursuant to the provisions applicable to such Federal (3) The proposed wage rate, Including any bona fide assistance. fringe benefits, bears a reasonable relationship to the A. 1. (1) Minimum Wages. All laborers and mechanics wage rates contained in the wage determination. employed or working upon the site of the work, will be paid (b) If the contractor and the laborers and mechanics to be unconditionally and not less often than once a week. and employed In the classification (If known). or their without subsequent deduction or rebate on any account representatives, and HUD or its designee agree on the (except such payroll deductions as are permitted by classification and wage rate (Including the amount regulations Issued by the Secretary of Labor under the designated for fringe benefits where appropriate), a report Copeland Act (29 CFR Part 3), the full amount of wages of the action taken shall be sent by HUD or Its designee to and bona fide fringe benefits (or cash equivalents thereof) the Administrator of the Wage and Hour Division, due at time of payment computed at rates not less than Employment Standards Administration, U.S. Department of those contained In the wage determination of the Labor,Washington. D.C. 20210. The Administrator, or an Secretary of Labor which Is attached hereto and made a authorized representative, will approve, modify, or part hereof. regardless of any contractual relationship disapprove every additional classification action within 30 which may be alleged to exist between the contractor and days of receipt and so advise HUD or Its designee or will such laborers and mechanics. Contributions made or notify HUD or Its designee within the 30-day period that costs reasonably anticipated for bona fide fringe benefits additional lime Is necessary. (Approved by the Office of under Section I(b)(2) of the Davis-Bacon Act on behalf of Management and Budget under OMB control number 1215- laborers or mechanics are considered wages paid to such 0140.) laborers or mechanics, subject to the provisions of 29 CFR 5-5(a)(1)(Iv); also, regular contributions made or costs (c) In the event the contractor.the laborers or mechanics Incurred for more than a weekly period (but not less often to be employed in the classification or their than uarterl under plans. funds, or representatives, and HUD or its designee do not agree on quarterly) p programs. which cover the particular weekly period, are deemed to be the proposed classification and wage rate (Including the constructively made or Incurred during such weekly period. amount designated for fringe benefits. where appropriate),HUD or Its designee shall refer the g questions, Including Such laborers and mechanics shall be paid the appropriate the views of all Interested parties and the recommendation wage rate and fringe benefits on the wage determination of HUD or its designee. to the Administrator for for the classification of work actually performed, without determination- The Administrator, or an authorized regard to skill. except as provided In 29 CFR 5.5(a)(4)- representative,will Issue a determination within 30 days of Laborers or mechanics performing work In more than one receipt and so advise HUD or Its designee or will notify classification may be compensated at the rate specified for HUD or Its designee within the 30-day period that each classification for the lime actually worked therein: additional time Is necessary. (Approved by the Office of Provided, That the employer's payroll records accurately Management and Budget under OMB Control Number set forth the time spent In each classification In which 1215-0140.) work Is performed. The wage determination (Including any (d) The wage rate (Including fringe benefits where additional classification and wage rates conformed under 29 CFR 5.5 a 1 li and the Davis-Bacon appropriate) determined pursuant to subparagraphs ( )( )( ) poster (WH (1)(ii)(b) or (c) of this paragraph, shall be paid to all 1321) shall posted at all times the contractor and Its workers performing work In the classification under this subcontractorsrs at the site of the work in a prominent and accessible, place where It can be easily seen by the contract from the first day on which work is performed in workers. the classification. (II) (a) Any class of laborers or mechanics which Is not (III) Whenever the minimum wage rate prescribed In the listed In the wage determination and which Is to be contract for a class of laborers or mechanics includes a employed under the contract shall be classified In fringe benefit which Is not expressed as an hourly rate, the conformance with the wage determination. HUD shall contractor shall either pay the benefit as stated In the approve an additional classification and wage rate and wage determination or shall pay another bona fide fringe fringe benefits therefor only when the following criteria benefit or an hourly cash equivalent thereof. have been met: (Iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part fonn HUD-4010(06/2009) Previous editions are obsolete Pagel of5 ref.Handbook 1344.1 Page 268 Item#13. of the wages of any laborer or mechanic the amount of any communicated In writing to the laborers or mechanics costs reasonably anticipated In providing bona fide fringe affected, and records which show the costs anticipated or benefits under a plan or program, Provided, That the the actual cost incurred In providing such benefits. Secretary of Labor has found, upon the written request of Contractors employing apprentices or trainees under the contractor, that the applicable standards of the Davis- approved programs shall maintain written evidence of the Bacon Act have been met. The Secretary of Labor may registration of apprenticeship programs and certification of require the contractor to set aside In a separate account trainee programs, the registration of the apprentices and assets Ior the meeting of obligations under the plan or trainees, and the ratios and wage rates prescribed In the program. (Approved by the Office of Management and applicable programs. (Approved by the Office of Budget under OMB Control Number 1215-0140.) Management and Budget under OMB Control Numbers I 2. Withholding. HUD or Its designee shall upon its own 1215-0140 and 1215-0017.) action or upon written request of an authorized (It) (a) The contractor shall submit weekly for each week In representative of the Department of Labor withhold or which any contract work is performed a copy of all cause to be withheld from the contractor under this payrolls to HUD or Its designee if the agency Is a party to contract or any other Federal contract with the same prime the contract, but if the agency Is not such a party, the contractor, or any other Federally-assisted contract contractor will submit the payrolls to the applicant subject to Davis-Bacon prevailing wage requirements. sponsor, or owner, as the case may be, for transmission to which is held by the same prime contractor so much of the HUD or Its designee. The payrolls submitted shall set out accrued payments or advances as may be considered accurately and completely all of the Information required necessary to pay laborers and mechanics, Including to be maintained under 29 CFR 5.5(a)(3)(1) except that full apprentices, trainees and helpers, employed by the social security numbers and home addresses shall not be contractor or any subcontractor the full amount of wages Included on weekly transmittals. Instead the payrolls shall required by the contract In the event of failure to pay any only need to Include an Individually Identifying number for laborer or mechanic, Including any apprentice. trainee or each employee (e.g., the last four digits of the employee's helper, employed or working on the site or the work. all or social security number). The required weekly payroll part of the wages required by the contract, HUD or its Information may be submitted In any form desired. designee may, after written notice to the contractor, Optional Form WH-347 Is available for this purpose from sponsor, applicant, or-owner, take such action as may be the Wage and Hour Division Web site at necessary to cause the suspension of any further http Itwww.dol.aovlesalwMiforms/wh347instr.htm or its payment. advance, or guarantee of funds until such successor site. The prime contractor Is responsible for violations have ceased. HUD or its designee may, after the submission of copies of payrolls by all subcontractors. written notice to the contractor, disburse such amounts Contractors and subcontractors shall maintain the full withheld for and on account of the contractor or social security number and current address of each subcontractor to the respective employees to whom they covered worker, and shall provide them upon request to are due. The Comptroller General shall make such HUD or Its designee If the agency Is a party to the disbursements In the case of direct Davis-Bacon Act contract, but If the agency Is not such a party, the contracts. contractor will submit the payrolls to the applicant 3. (1) Payrolls and basic records. Payrolls and basic sponsor . or owner, as the case may be, for transmission to records relating thereto shall be maintained by the HUD or Its designee, the contractor, or the Wage and Hour contractor during the course of the work preserved for a Division of the Department of Labor for purposes of an period of three years thereafter for all laborers and mechanics Investigation or audit of compliance with prevailing wage working at the site of the work. Such records shall contain requirements.It Is not a violation of this subparagraph for a the name, address, and social security number of each prime contractor to require a subcontractor to provide such worker, his or her correct classification, hourly addresses and social security numbers to the prime rates of wages paid (including rates of contributions or contractor for Its own records, without weekly submission to costs anticipated for bona fide fringe benefits or cash HUD or Its designee. (Approved by the Office of Management equivalents thereof of the types described in Section and Budget under OMB Control Number i(b)(2)(B) of the Davis-bacon Act), dally and weekly 1215-0149.) number of hours worked. deductions made and actual (b) Each payroll submitted shall be accompanied by a wages paid. Whenever the Secretary of Labor has found "Statement of Compliance," signed by the contractor or under 29 CFR 5.5 (a)(1)(Iv) that the wages or any laborer subcontractor or his or her agent who pays or supervises or mechanic Include the amount of any costs reasonably the payment of the persons employed under the contract anticipated In providing benefits under a plan or program and shall certify the following: described in Section I(b)(2)(B) of the Davis-Bacon Act, (1) That the payroll for the payroll period contains the the contractor shall maintain records which show that the Information required to be provided under 29 CFR 5.5 commitment to provide such benefits Is enforceable, that the (a)(3)(11), the appropriate Information Is being maintained plan or program is financially responsible, and that the under 29 CFR 5.5(a)(3)(i), and that such information is plan or program has been correct and complete; revious editions are obsolete orm Page2 of5 ra Handbook 1344.1 Page 269 1 Item#13. i (2) That each laborer or mechanic (including each helper, Is not registered or otherwise employed as stated above, i apprentice, and trainee) employed on the contract during shall be paid not less than the applicable wage rate on the the payroll period has been paid the full weekly wages wage determination for the classification of work actually earned, without rebate, either directly or indirectly, and performed. In addition, any apprentice performing work on that no deductions have been made either directly or the job site In excess of the ratio permitted under the indirectly from the full wages earned, other than registered program shall be paid not less than the permissible deductions as set forth In 29 CFR Part 3; applicable wage rate on the wage determination for the (3) That each laborer or mechanic has been paid not less work actually performed. Where a contractor is performing than the applicable wage rates and fringe benefits or cash construction on a project In a locality other than that In equivalents for the classification of work performed, as which Its program Is registered, the ratios and wage rates specified in the applicable wage determination (expressed In percentages of the journeyman's hourly Incorporated Into the contract. rate) specified In the contractor's or subcontractor's (c) The weekly submission of a properly executed registered program shall be observed. Every apprentice certification set forth on the reverse side of Optional Form must be paid at not less than the rate specified In the WH-347 shall satisfy the requirement for submission of the registered program for the apprentice's level of progress, "Statement of Compliance" required by subparagraph expressed as a percentage of the journeymen hourly rate A.3.(11)(b). specified In the applicable wage determination. Apprentices shall be paid fringe benefits In accordance (d) The falsification of any of the above certifications may with the provisions of the apprenticeship p pp p program. If the subject the contractor or subcontractor to civil or criminal apprenticeship program does not specify fringe benefits, prosecution under Section 1001 of Tille 18 and Section apprentices must be paid the full amount of fringe benefits 231 of Tille 31 of the United States Code. listed on the wage determination for the applicable (111) The contractor or subcontractor shall make the classification. If the Administrator determines that a records required under subparagraph A.3.(i) available for different practice prevails for the applicable apprentice Inspection, copying, or transcription by authorized classification, fringes shall be paid In accordance with that representatives of HUD or its designee or the Department determination. In the event the Office of Apprenticeship of Labor, and shall permit such representatives to Training, Employer and Labor Services, or a State Interview employees during working hours on the job. If Apprenticeship Agency recognized by the Office, the contractor or subcontractor falls to submit the required withdraws approval of an apprenticeship program, the records or to make them available, HUD or its designee contractor will no longer be permitted to utilize may, after written notice to the contractor, sponsor, apprentices at less than the applicable predetermined rate applicant or owner, take such action as may be necessary for the work performed until an acceptable program Is to cause the suspension of any further payment, advance, approved. or guarantee of funds. Furthermore, failure to submit the (11) Trainees. Except as provided In 29 CFR 5.16, required records upon request or to make such records trainees will not be permitted to work at less than the available may be grounds for debarment action pursuant to predetermined rate for the work performed unless they are 29 CFR 5.12. employed pursuant ',to and Individually registered In a 4. Apprentices and Trainees. program which has received prior approval, evidenced by (1) Apprentices. Apprentices will be permitted to work at formal certification by the U.S. Department of Labor, less than the predetermined rate for the work they Employment and Training Administration. The ratio of performed when they are employed pursuant to and trainees to journeymen on the job site shall not be greater Individually registered In a bona fide apprenticeship than permitted under the plan approved by the program registered with the U.S. Department of Labor, Employment and Training Administration. Every trainee Employment and Training Administration, Office of must be paid at not less than the rate specified In the Apprenticeship Training, Employer and Labor Services, or approved program for the trainee's level of progress, with a State Apprenticeship Agency recognized by the expressed as a percentage of the journeyman hourly rate Office, or If a person Is employed In his or her first 90 specified In the applicable wage determination. Trainees days of probationary employment as an apprentice in such shall be paid fringe benefits In accordance with the an apprenticeship program, who Is not Individually provisions of the trainee program. If the trainee program registered In the program, but who has been certified by does not mention fringe benefits, trainees shall be paid the Office of Apprenticeship Training, Employer and Labor the full amount of fringe benefits listed on the wage Services or a State Apprenticeship Agency (where determination unless the Administrator of the Wage and appropriate) to be eligible for probationary employment as Hour Division determines that there Is an apprenticeship an apprentice. The allowable ratio of apprentices to program associated with the corresponding journeyman journeymen on the job site in any craft classification shall wage rate on the wage determination which provides for not be greater than the ratio permitted to the contractor as less than full fringe benefits for apprentices. Any to the entire work force under the registered program. Any employee listed on the payroll at a trainee rate who Is not worker listed on a payroll at an apprentice wage rate, who registered and participating In a training plan approved by revious editions are obsolete form HUD-4010(0612009) Page 3 of 5 ref.Handbook 1344.1 Page 270 Item#13. the Employment and Training Administration shall be paid awarded HUD contracts or participate in HUD programs not less than the applicable wage rate on the wage pursuant to 24 CFR Part 24. ' determination for the work actually performed. In addition, (II) No part of this contract shall be subcontracted to any any trainee performing work on the job site in excess of person or firm Ineligible for award of a Government the ratio permitted under the registered program shall be contract by virtue of Section 3(a) of the Davis-Bacon Act paid not less than the applicable wage rate on the wage or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or determination for the work actually performed. In the participate in HUD programs pursuant to 24 CFR Pari 24. event the Employment and Training Administration (III) The penally for making false statements Is prescribed J withdraws approval of a training program, the contractor In the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, will no longer be permitted to utilize trainees at less than U-S. Criminal Code, Section 1 01 0, Tille 18, U_S.C., the applicable predetermined rate for the work performed "Federal Housing Administration transactions, provides in until an acceptable program la approved. part:"Whoever, for the purpose of ___ Influencing In any (III) Equal employment opportunity. The utilization of way the action of such Administration..... makes, utters or apprentices,trainees and journeymen under 29 CFR Part 5 publishes any statement knowing the same to be false..... shall be In conformity with the equal employment shall be fined not more than 55,000 or Imprisoned not opportunity requirements of Executive Order 11246, as more than two years,or both." amended, and 29 CFR Part 30_ 11. Complaints, Proceedings, or Testimony by 5. Compliance with Copeland Act requirements. The Employees. No laborer or mechanic to whom the wage, contractor shall comply with the requirements of 29 CFR salary, or other labor standards provisions of this Contract Part 3 which are Incorporated by reference in this contract are applicable shall be discharged or In any other manner 6. Subcontracts. The contractor or subcontractor will discriminated against by the Contractor or any insert In any subcontracts the clauses contained In subcontractor because such employee has flied any subparagraphs 1 through 11 in this paragraph A and such complaint or instituted or caused to be Instituted any other clauses as HUD or Its designee may by appropriate proceeding or has testified or Is about to testify In any Instructions require, and a copy of the applicable proceeding under or relating to the labor standards prevailing wage decision, and also a clause requiring the applicable under this Contract to his employer. subcontractors to Include these clauses in any lower tier B. Contract Work Hours and Safety Standards Act. The subcontracts. The prime contractor shall be responsible provisions of this paragraph B are applicable where the amount of the for the compliance by any subcontractor or lower tier prime conlract exceeds$100,000. As used In this paragraph, the subcontractor with all the contract clauses In this terms"laborersand-mechanics"include watchmen and guards. paragraph. (1) Ovortlme requirements. No contractor or subconlractor 7. Contract termination; debarment. A breach of the contracting for any part of the contract work which may require or contract clauses In 29 CFR 5.5 may be grounds for involve the employment of laborers or mechanics shall require or termination of the contract and for debarment as a permit any such laborer or mechanic In any workweek In which the contractor and a subcontractor as provided in 29 CFR Individual Is employed on such work to work In excess of 40 hours In 5.12. such workweek unless such laborer or mechanic receives 8. Compliance with Davis-Bacon and Related Act Requirements. compensation at a rate not less than one and one-half times the basic All rulings and Interpretations of the Davis-Bacon and rate of pay for all hours worked in excess of 40 hours in such Related Acts contained In 29 CFR Parts 1, 3, and 5 are workweek. herein Incorporated by reference In this contract (2) Violation; liability for unpaid wages; liquidated 9. Disputes concerning labor standards. Disputes damages. In the event of any violation of the clause set arising out of the labor standards provisions of this forth In subparagraph (1) of this paragraph, the contractor contract shall not be subject to the general disputes and any subcontractor responsible therefor shall be liable clause of this contract. Such disputes shall be resolved In for the unpaid wages. In addition, such contractor and accordance with the procedures of the Department of subcontractor shall be liable to the United States (In the Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes case of work done under contract for the District of within the meaning of this clause include disputes between Columbia or a territory_ to such District or to such the contractor (or any of its subcontractors) and HUD or territory)_ for liquidated damages. Such liquidated Its designee, the U.S. Department of Labor, or the damages shall be computed with respect to each Individual employees or their representatives. laborer or mechanic, Including watchmen and guards, 10. (1) Certification of Eligibility. By entering Into thla employed In violation of the clause set forth In contract the contractor certifies that neither 11 (nor he or subparagraph (1) of this paragraph. in the sum ofS10 for each she) nor any person or firm who has an Interest In the calendar day on which such Individual was required or permitted to contractor's firm is a person or firm ineligible to be work in excess of the standard workweek of 40 hours wilhout payment awarded Government contracts by virtue of Section 3(a) of of the overtime wages required by the clause set forth in sub the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be paragraph(1) of this paragraph_ Previous edillons are obsolete form HUD-4010(0612009) Page4of5 ref.Handbook 1344.1 Page 271 Item#13. (3) Withholding for unpaid wagos and liquidated damagos. 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 bo 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). 3701 et sea. (3) The contractor shall Include the provisions of this paragraph In every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous ediUonsare o so e e form HUD-4010(0612009) PageS of5 ref.Handbook 1344.1 Page 272 i Item#13. SECTION 3 ADDITIONAL INFORMATION SECTION 3 BASICS Section 3 is a provision of the Housing and Urban Development Act of 1968.The purpose of Section 3 is to ensure that employment and other economic opportunities generated by certain HUD financial assistance shall,to the greatest extent feasible, and consistent with existing Federal, State,and local laws and regulations,be directed to low-and very low- income persons,particularly those who are recipients of government assistance for housing,and to business concerns which provide economic opportunities to low-and very low-income persons. [24 CFR Part 75] WHAT IS THE GOAL OF SECTION 3? Low or very-low income individuals often face challenges limiting their ability to become economically self-sufficient and rise out of poverty. These challenges include access to quality schools,employment, and job training. Section 3 seeks to provide opportunities for these individuals to become economically self-sufficient. WHAT IS THE PURPOSE OF SECTION 3? Section 3 ensures that recipients of HUD funding agree to make an effort to identify, hire, and train low-income populations when there is a need to employ additional personnel. WHO QUALIFIES AS SECTION 3? • Section 3 Worker—the worker currently fits,or when hired within the past five years fit at least one of the following categories:annualized income is below the income limit established by HUD;the worker is employed by a Section 3 Business;or the worker is a YouthBuild participant. • Section 3 Business—officially organized business that meets at least one of the following criteria: at least 5 1%of business is owned and controlled by low-to very-low income persons;75%or more of the labor hours are performed by Section 3 workers;or at least 51%of business is owned and controlled by current public housing or Section 8 residents. WHAT PROJECTS MUST FOLLOW SECTION 3? Section 3 applies to all construction projects over $200,000 of HUD housing and community development financial assistance to the project(or$100,000 of Lead Hazard or Healthy Homes funding). The Section 3 requirements are also passed on to contractors if any subcontracts are awarded. WHAT ARE SECTION 3 REQUIREMENTS? The following are the Section 3 requirements: • Notify Section 3 Residents about availability of training and/or employment opportunities. • Notify Section 3 Businesses about availability of contracting opportunities. • Notify contractors about Section 3 requirements. • Incorporate a Section 3 clause in contracts. • Train and employ Section 3 residents. • Give preference to Section 3 residents. • Give preference to and award contracts to Section 3 Businesses. • Document actions to comply with Section 3. • Maintain records for at least 4 years from the date the project is closed. • Provide the following to be included in the City's mandatory federal report: total number of labor hours worked,total number of labor hours worked by Section 3 Workers,and total number of labor hours worked by Targeted Section 3 workers. Page 273 Item#13. WHAT IS INCLUDED IN 24 CFR §75.19? 24 CFR§75.19 states: (a)Employment and training. (1) To the greatest extent feasible, and consistent with existing Federal, state, and local laws and regulations, recipients covered by this subpart shall ensure that employment and training opportunities arising in connection with Section 3 projects are provided to Section 3 workers within the metropolitan area(or nonmetropolitan county)in which the project is located. (2) Where feasible, priority for opportunities and training described in paragraph (a)(1) of this section should be given to: (i)Section 3 workers residing within the service area or the neighborhood of the project,and (ii)Participants in YouthBuild programs. (b)Contracting. (1) To the greatest extent feasible, and consistent with existing Federal, state, and local laws and regulations, recipients covered by this subpart shall ensure contracts for work awarded in connection with Section 3 projects are provided to business concerns that provide economic opportunities to Section 3 workers residing within the metropolitan area(or nonmetropolitan county)in which the project is located. (2) Where feasible, priority for contracting opportunities described in paragraph (b)(1) of this section should be given to: (i)Section 3 business concerns that provide economic opportunities to Section 3 workers residing within the service area or the neighborhood of the project,and (ii)YouthBuild programs. WHAT IS BID PREFERENCE? Award shall be made to a responding qualified Section 3 Business if the bid is within 5%of the overall lowest bid and Section 3 preference was requested. HOW DO I REGISTER AS A SECTION 3 BUSINESS? Register on HUDs Section 3 Business Registry at:https://portalapps.hud.gov/Sec3BusReg/BRegistry/BRegistryHome. Additional information on the requirements of Section 3,can be found at http://www.hud.gov/section3. All City of Meridian construction bid documents in excess of$200,000 are posted to the City's website(Bonfire). Additionally,all CDBG construction bid documents are posted to HUDs Section 3 Online Portal at https://Iiudapps.hud.gov/OpportunityPortal/index.action. I i Page 274 i Item#13. I 2/11/22,8:49 AM SAM.gov "General Decision Number: ID20220071 01/07/2022 Superseded General Decision Number: ID20210071 State: Idaho Construction Type: Heavy HEAVY CONSTRUCTION, Including water and sewer line construction and heavy construction projects on treatment plants and industrial (power plants, manufacturing plants, processing plants, etc.) sites Counties: Ada, Boise, Gem and Owyhee Counties in Idaho. 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)(2)-(60). If the contract is entered into on or after January 30, 2022, or the contract is renewed or extended (e.g., an option is exercised) on or after January 30, 2022, Executive Order 14026 generally applies to the contract. The contractor must pay all covered workers at least $15.00 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on that contract in 2022. If the contract was awarded on or between January 1, 2015 and January 29, 2022, and the contract is not renewed or extended on or after January 30, 2022, Executive Order 13658 generally applies to the contract. The contractor must pay all covered workers at least $11.25 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on that contract in 2022. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker https://sam.gov/wage-determination/ID20220071/0 1/7 Page 275 Item#13. 2/11/22,8:49 AM SAM.gov protections under the Executive Orders is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/07/2022 * ELECO291-011 12/01/2021 Rates Fringes ELECTRICIAN......................$ 34.21 6%+15.40 ---------------------------------------------------------------- ENGI0370-038 01/01/2019 Rates Fringes POWER EQUIPMENT OPERATOR: Scrapers (over 40 yds to 60 yds) GROUP 7....................$ 31.04 12.05 Bulldozer, Scraper (over 80 yds to 100 yds) GROUP 8....................$ 31.27 12.05 Scraper (over 100 yds) GROUP 10...................$ 31.75 12.05 Scraper (up to and including 40 yds) GROUP 6....................$ 30.67 12.05 ZONE PAY: Zone 1 0 - 30 miles: Free Zone 2 30 - 60 miles: $30.00/per day Zone 3 More than 60 miles: $35.00/per day. If a project is located in more than one zone the lower zone rate shall apply ZONES SHALL BE MEASURED FROM THE THE FOLLOWING U.S. POST OFFICES: BOISE: 304 N. 8TH STREET TWIN FALLS: 253 2ND AVE. WEST POCATELLO: CLARK STREET IDAHO FALLS: 875 NORTH CAPITAL AVE. ---------------------------------------------------------------- TEAM0483-003 Ol/01/2021 https://sam.gov/wage-determination/ID20220071/0 2/7 Page 276 Item#13. 2/11/22,8:49 AM SAM.gov Rates Fringes TRUCK DRIVER GROUP SA....................$ 28.56 15.45 GROUP SB....................$ 28.74 15.45 GROUP SC....................$ 28.97 15.45 GROUP SO....................$ 29.08 15.45 GROUP SE....................$ 29.71 15.45 GROUP SF....................$ 30.15 15.45 GROUP DEFINITIONS: GROUP 5A: Dump (0-16 yds) GROUP 5B: Dump (16-30 yds) GROUP 5C: Dump (30-50 yds) GROUP SO: Dump (50-75 yds) GROUP 5E: Dump (75-100 yds) GROUP 5F: Dump (over 100 yds) ---------------------------------------------------------------- SUID2O1O-O64 08/08/2012 Rates Fringes CARPENTER (Form Work Only).......$ 22.42 9.10 CARPENTER, Excludes Form Work....$ 26.06 11.26 CEMENT MASON/CONCRETE FINISHER...$ 22.43 15.06 LABORER: Common or General......$ 12.39 2.46 LABORER: Grade Checker..........$ 21.76 9.81 LABORER: Mason Tender - Cement/Concrete..................$ 22.15 10.15 OPERATOR: Backhoe/Excavator/Trackhoe.......$ 16.00 0.00 OPERATOR: Grader/Blade..........$ 28.51 9.60 OPERATOR: Loader (Front End)....$ 19.93 3.83 TRUCK DRIVER: Water Truck.......$ 21.00 13.42 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. https://sam.gov/wage-determination/ID20220071/0 3/7 Page 277 i Item#13. 2/11/22,8:49 AM SAM.gov Note: Executive Order (ED) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the ED, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the ED is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAW"' denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union, which prevailed in the survey for this classification, which in this example would be Plumbers 0198 indicates the local union number or district council number https://sam.govAvage-determination/iD20220071/0 4/7 Page 278 Item#13. � I I i 2/11/22,8:49 AM SAM.gov where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. https://sam.gov/wage-determination/iD2022007110 5/7 Page 279