Independent Contractor Agreement with C&A Paving for Five Mile Creek Pathway Segment H1 Pine to BadleyAGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES
FIVE MILE CREEK PATHWAY SEGMENT H1
PINE TO BADLEY -CONSTRUCTION
PROJECT # 6003-3-10134
THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this
~ da of , 2012, and entered into by and between the City of Meridian, a
Y ~E~~xu
municipal corporation anized under the laws of the State of Idaho, hereinafter referred to
as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and -, ~,_-&A Paving Company,
Inc ,hereinafter referred to as "CONTRACTOR", whose business address is 4015 S.
Banner St. Boise ID 83709 and whose Public Works Contractor License # is C-10359-
AAA-2-4,
INTRODUCTION
Whereas, the City has a need for services involving FIVE MILE CREEK PATHWAY
SEGMENT H1- PINE Ta 6ADLEY -CONSTRUCTION; 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 Agreement 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
"Sco a of Work" a copy of which is attached hereto as Attachment "A" and
p
incorporated herein by this reference, together with any amendments that may
be agreed to in writing by the parties.
1.2 Ail 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. !f 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
Five Mile Creek Pathway - Segment H1 Pine to Badley Construction Page 1 of 12
reserves aroyalty-free, non-exclusive, and irrevocable license to reproduce,
publish and use such work, or any part thereof, and to authorize others to do
so.
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 Lump Sum basis as
provided in Attachment B "Payment Schedule" attached hereto and by
reference made a part hereof for the Not-To-Exceed amount of
$107,597.97.
2.2 The Contractor shall provide the City with a monthly statement, 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 Per the requirements of the CDBG Grant weekly certified payroll reports
be submitted to the City of Meridian.
2.4 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
Five Mlle Creek Pathway- Segment H1 Pine to Badley Construction Page 2 of 12
Agreement including, but not limited to, meals, lodging, transportation,
drawings, renderings or mockups. 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) September
30, 2012 or (c) unless sooner terminated as provided below or unless some
other method or time of termination is listed in Attachment A.
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 Attachment 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 Ciiy within thirty (30) days from the date payment is due.
3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED
DAMAGES
All contract work, with the exception of the 72" culvert, must be complete
and accepted by the City prior to June 15, 2012.
Bid Item 601.4.1.A.11, 72" culvert must be installed prior to March 15,
2012.
Contractor shall be liable to the City for any delay beyond this time period
in the amount of three hundred dollars ($300.00) per calendar day. Such
payment shall be construed to be liquidated damages by the Contractor
in lieu of any claim or damage because of such delay and not be
construed as a penalty.
Termination:
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 the City Council determines that
termination of this Agreement is in the best interest of CITY, the CITY shall
Five Mlle Creek Pa[hway- Segment H7 Pine to Badley Construction Paga 3 of 12
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.
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.
4. Independent Contractor:
4.1 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 Attachment 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.
42 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.
4.3 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.
5. Indemnification and Insurance:
Five Mile Creek Pathway-Segment H1 Pine to Badley Construction Page 4 of 12
CONTRACTOR shall indemnify and save and hold harmless CITY 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
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 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.
5.2 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.
5.3 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 orself-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
Five Mile Creek Pathway- Segment H1 Pine to Badley Construction Page 5 of 12
contribute with Contractor's insurance except as to the extent of City's
negligence.
5.4 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.
5.5 All insurance coverages for subcontractors shall be subject to all of the
insurance and indemnity requirements stated herein.
5.6 The limits of insurance described herein shall not limit the liability of the
Contractor and Contractor's agents, representatives, employees or
subcontractors.
8. 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.
7. Warranty: Contractor must warrant the project per the ISPWC and the City of
Meridian Supplemental Specifications & Drawings to the ISPWC, which by this
reference are made a part hereof.
8. 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 of Meridian
Purchasing Agent
33 E. Broadway Avenue
Meridian, Idaho 83642
C & A Paving Companv, Inc
Attn: Brian Callahan
4015 S. Banner St.
Boise, ID 83709
208-362-4244
Idaho Public Works License #: C-10359-AAA-2-4
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.
Five Mile Creek Pathway-Segment Hi Pine to Badley Construction Page 6 of 12
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.
10. Time is of the Essehce: 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.
11. 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.
12. Discrimination Prohibited: 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.
13. Reports and Information:
13.1 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.
13.2 Contractor shall maintain all writings, documents and records prepared
or compiled in connection with the performance of this Agreement for a
minimum of four (4J 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.
14. 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
Five Mile Creek Pathway- Segment H1 Pine to Badley Construction Page 7 of 12
personnel, conditions of employment and other data relating to all matters
covered by this Agreement.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. Order of Precedence: The order or precedence shall be the contract
agreement, the Invitation for Bid document, then the winning bidders
submitted bid document.
Five Mile Creek Pathway -Segment H1 Pine [o Badley Construction Page 8 of 12
23. 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.
24. Approval Required: This Agreement shall not become effective or binding
until approved by the City of Meridian.
25. CDGB GRANT REQUIREMENTS: This project is being funded by a
Community Development Block Grant. The Davis-Bacon Act applies to this
project and it is the responsibility of the Contractor to comply in all
aspects of the law. This contract, will be subject to HUD-4010 Federal Labor
Standards Provisions attached hereto as "Attachment C" and made a part
hereof. Paragraph 2 on page 2 of 5 of HUD-4010 states that the City may
withhold payment to Contractor for failure to pay wages when due. Davis-
Bacon requires wages to be paid not less often than once a week. All
subcontractors and any lower tier subcontractors are subject to the same
Davis-Bacon Wage requirements as the general contractor.
CITY OF MERIDIAN
TAMMY de WEE AYOR
Dated: ~" " ~ ~-
Approved by City
Attest:
CITY CLERK
Approved as to Content
BY:
KEIT ATTS, PUR HASING MANAGER
Dated: l ~ ~ (o~ l 2
Approved as to Form
CITY ATTORNEY
c;ry oe
"r re, raF
C & A PAVING COMPANY, INC
,~
~9n
Department Approval
BY: ~~~^- //~
NAME: w~t~~ ~`~~eKa~-t
TITLE: j~'11ec(dF Pe~t<s ~~ ~-e.
Dated: I ~'L`~ ~ I L
Flve Mlle Creek Pathway- Segment H7 Pine to Badley Construction Page 9 of 12
Attachment A
SCOPE OF WORK
REFER TO INVITATION TO BID PKS-12-6003-3-10134
ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the
Invitation to Bid Package #PKS-12-6003-3-10134, are by this reference
made a part hereof.
Five Mlle Creek Pathway- Segment H7 Pine to Badley Construction Page 10 of 12
Attachment B
MILESTONE /PAYMENT SCHEDULE
A. Total and complete compensation for this Agreement shall not exceed $107,597.97.
PRICING SCHEDULE
Contract inc ludes furnishing all labor, materials, equipment, and incidentals as required for the
FIVE MILE CREEK PATHWAY -SEGMENT H1 -PINE TO BADLEY - CONSTRUCTION per
IFB PKS-12 -6003-3-10134
Total Bid Schedule .. .................$107,597.97
CONTRACT TOTAL ....................... $107.597.97
ITEM PRICING BELOW WILL BE USED FOR CHANGE ORDER PRICING ONLY.
Item No. Item Description Unit Price
201.4.1,A.1 CLEARING AND GRUBBING $1,800.00
201.4.1.C.1 REMOVAL OF OBSTRUCTIONS $1,900.00
204.4.3.A.1 COMPACTING BACKFILL (PLAN QUANTITY) $5.00
601.4.1.A.11 72" CULVERT IRRIGATION PIPE, CLASS 12 $330.00
GAUGE CORRUGATED GALVANIZED STEEL
706.4.1.F.1 CONCRETE DRIVEWAY APPROACH $36.00
706.4.1.A.5 CURB TERMINUS $51.00
706.4,1.H.1 PEDESTRIAN RAMP w/DETECTABLE WARNING $7,200.00
DOMES, TYPE (ACRD) B3
706.4.1.H.1 PEDESTRIAN RAMP w/DETECTABLE WARNING $480.00
DOMES, TYPE C3
801.4.1.A.1 3" MINUS UNCRUSHED AGGREGATE (DRAIN $17.00
ROCK)
Five Mile Creek Pathway- Segment H1 Pine to Badley ConsVUCbon Page 11 of 12
802.4.1.8.1 CRUSHED AGGREGATE FOR BASE TYPE 1 $12.00
810.4.1.A.1 CLASS "C" PLANT MIX PAVEMENT $68.00
1003.4.1.C.1 SILT FENCE $1.85
1006.4.1.C.1 INLET PROTECTION $65.00
1103.4.1.A.1 CONSTRUCTION TRAFFIC CONTROL $300.00
1134.05.18 PAVEMENT MARKINGS (THERMOPLASTIC) $9.00
1135.01.01 ROADSIDE TRAFFIC SIGN INSTALLATION (ONE
METAL POST) $275.00
2010.4.1.A.1 MOBILIZATION $5,695.97
2050.4.1.A.1 DRAINAGE GEOTEXTILE $1.50
SP-100 PEDESTRIAN BRIDGE $7,600.00
SP-200 PATHWAY BOLLARD INSTALLATION $300.00
SP-6D0 STORMWATER MANAGEMENT $1,000.00
SP-700 MODIFIED 6" VERTICAL CURB AND GUTTER $12.25
SP-750 EXTRUDED CEMENT CONCRETE CURB $11.25
SP-780 DETECTABLE WARNING DOMES $310.00
SP-1000 CONSTRUCTION STAKING $2,400.00
SP-2001 ACCESS GATE INSTALLATION $820.00
Travel expenses, if applicable, will be paid at no more than the City of Meridian's
Travel and Expense Reimbursement Policy.
Five Mile Creek Pathway - Segment Hi Pine [o Badley Construction Page 12 of 12
Attachment C
HUD-4010
Federal Labor Standards Provisions U.S. Department of Housing and Urban Development
Office of Labor Relations Previous editions are obsolete form HUD-4010 (06/2009) ref. Handbook 1344.1
Applicability The Projector 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 ConVact pursuant to the provisions applicable to such Federal
assistance.
A.1. (I) Mlnlmum 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 wmputed 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 maybe alleged to
exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe
benefits under Section I(b)(2) of the Davis-Bacon Acton 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 classlficatlon of
work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more
than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That
the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination
(including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (W H-1321) shall
be posted at all times by the contractor end its subcontractors al the site of the work in a prominent and accessible, place where it can be
easily seen by the workers.
(fi) (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 binge
benefits therefor only when the following criteria have been met:
(1) The work to be pertormed 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 [o 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 notity HUD or
Its designee within [he 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 classlficatlon and wage rate (including the amount designated for binge 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 [he 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 notity 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 [he 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 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,
Prov(ded, 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 me[. 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 wrttten 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 maybe 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
lailure 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
Five Mile Creek Pathway- Segment H1 Pine [o Badley Construction Page 13 of 16
[he 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 he 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 secudty 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 I(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 [he 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 I(b)(2)(B) of the Davis-Bacon Ac[, the contractor
shall maintain records which show that [he 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 perormed 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 ba, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and
completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i) except that full social security numbers and home
addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to Include an Individually Identifying number for
each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll Information maybe
submitted in any form desired. Optional Form W H-347 is available for this purpose from the Wage and Hour Division Web site at
httpJ/www.dotgov/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, antl 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 Investlgatlon or audit of compliance
with prevailing wage requirements. I[ 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 certity the following:
(1) That the payroll for the payroll period contains the information required [o 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) Tha[ each laborer or mechanic has been paid not less than the applicable wage rates and fdnge benefits or cash equivalents for the
classification o1 work performed, as specified in the applicable wage determination incorporated into the contract.
(c) The weekly submission of a properly executed certiflcatlon set forth on the reverse side of Optional Form W H-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 23t of Title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under subparagraph A.3.(f) 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 maybe grounds for debarment action pursuant tc 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 firs[ 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 certllied 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 [o 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 al 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 perormed. 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 [he work
actually performed. Where a contractor Is performing construction on a project In a locality other than that In which Its program Is registered,
the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's
registered program shall be observed. Every apprentice must be paid al not less than [he rate specified in the registered program for the
apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified In the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program
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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 a[ less than [he 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 [he predetermined rate for the work
performed unless they are employed pursuant',to and individually registered in a program which has received prior approval, evidenced by
formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the
job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be
paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the
journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the
provisions of the trainee program. If the trainee program does not mention fringe benelits, trainees shall be paid the full amount of fringe
benefits listed on the wage determination unless [he Administrator of the Wage end 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 performingwork 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, [he 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 instructlons 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 [he 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 maybe 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 Ac[s
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 [his contract shall not be subject fo the
general disputes clause of this contract. Such disputes shall be resolved in accordance with [he 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) Certltlcatlon of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm
who has an Interest in the contractor's firm is a person or firm ineligible to he awarded Government contracts by virtue of Section 3(a) of the
Davis-Bacon Actor 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 bf 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 Actor 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 Coda, 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 [he purpose of ...
influencing in any way the action of such Administration..... makes, utters or publishes any statement knowing [he same to be false..... shall
be fined not more than $5,000 or imprisoned not more than two years, or both:'
ti. 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 [he amount of the prima
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-hall times [he 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 subconlraclor responsible therefor shall be liable for the unpaid wages. In addition, such contractor
and subconlraclor 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. 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 conract or any other Federal contract with the same prime contract, or any other Federally-
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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 o1 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 91-64, 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.
Previous editions are obsolete. Form HUD-4010 (06-2009) ref. Handbook 1344.1
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