Cornerstone Center for the Arts

Summary

Cornerstone Center for the Arts Wheelchair Lift Bid Packet City of Muncie, Department of Community Development REQUEST FOR QUOTES for Wheelchair Lift The City of Muncie Community Development Department, on behalf of the Department of Public Works and Safety, is seeking quotes for a wheelchair lift for Cornerstone Center for the Arts. A quote packet, including federal requirements, instructions to bidders/quoters, sample contract and quote forms, will be available at: Muncie.in.gov > Departments > Community Development > Topics of Interest > Bids and RFPs > Cornerstone Wheelchair Lift A pre-quote conference held on Wednesday, August 09, 2023 at 10:00 AM at Cornerstone Center for the Arts, 520 E Main St., Muncie, IN. This project will be subject to the Davis Bacon Wage Act. General Decision Number: IN20230002. Winning Quoter MUST NOT be debarred from federal work on the SAM.gov website prior to contract being signed. Quotes proposals must be submitted at the Office of the City Clerk by 8:45 AM on the Quote opening date stated below, in a sealed, opaque envelope marked with the quoter’s name, address and telephone number and bearing the following caption: Quote for: Cornerstone Wheelchair Lift Quote Opening Date: Wednesday, August 16, 2023 Quote responses will be opened by the Board of Public Works and Safety on Wednesday, August 16, 2023 at 9:00 AM. Quote responses may be held by the Board of Works for a period not to exceed sixty (60) days. No quoter may withdraw his/her quote for a period of sixty days after the date set for opening of quotes. The Board of Works has the right to reject any and all quote responses. All communication regarding this quote, including any addenda issued, will be conducted by email only. Further questions may be submitted to Allen Wiseley at awiseley@muncie.in.gov. INSTRUCTIONS TO QUOTERS for PUBLIC FACILITIES CONTRACT Work to be performed shall be in accordance with instructions as provided within. ARTICLE 1. Definitions Whenever the words hereinafter or pronouns used in their stead occur in these documents, they shall have the meaning herein given: “Bid” or “quote” used interchangeably throughout these documents, meaning the price which one will perform the work described in the bid or quote documents. “Quote packet” documents including, but not limited to, federal requirements, Instructions to Quoters, Sample Contract, and Bid Forms. “Quoter” the individual or entity who is submitting a response to the Notice to Quoters. Used in these Instructions as the individual/entity who has not been yet awarded the contract to perform the deconstruction or demolition project. Once awarded the contract, this individual/entity becomes/is referred to as the Contractor. “Community Development” refers to the City’s Office of Community Development or Local Public Agency that administers these projects on behalf of the City’s Department of Public Works and Safety. "Contract" shall include the entire component parts of the Contract as well as the plans, drawings, wage determinations and federal requirements referred to herein. "Contractor" shall mean the person, firm or corporation entering into a contract with Owner to complete the work herein specified, set out and shown. Used in these Instructions as the individual/entity who was the successful Quoter and has entered into a contract to perform the infrastructure project. "Inspector" shall be the person who is the designated representative of the Project Supervisor and who is in charge of the inspection of the work. "Owner" shall mean the municipality, person, firm or corporation as specified in the Advertisements for Bids, for whom the work is to be done. "Project Supervisor" or "Supervisor" shall be the designee or authorized agent of Community Development for the project. "Specifications" shall include the general conditions, detail specifications, diagrams, plans and drawings. "Subcontractor" shall mean a person, firm or corporation other than the Contractor supplying labor and materials or labor for work at the site of the project. ARTICLE 2. Receipt and Opening of Bids 2.1 The Office of Community Development (herein called the "Owner") will give proper notice of its invitation to bid for the performance of labor and provision of materials as called for in drawings and specifications. The name of the notice document is “Notice to Quoters.” Information as to the requirements to respond to this bid invitation is available in the Quote packet. 2.2 Bid proposals shall be submitted to the City Clerk's Office, City Hall, 300 North Street, 1st Floor, Muncie, Indiana, on or before the date and time called for in the "Notice to Quoters". All documents needing to be completed will be included in the Quote packet including the bid form. All fields on these forms must be appropriately filled-in to meet the completed bid response. 2.3 Strict compliance will be complied with the requirements of these "Instructions to Quoters", and the instructions on the document forms. 2.4 Bid responses will be opened by the City’s Board of Public Works and Safety at its weekly meeting. Bid responses may be held by the City’s Board of Public Works and Safety for a period of time not to exceed sixty (60) days. The City’s Board of Public Works and Safety reserves the right to reject any and all bid responses. ARTICLE 3. Preparation of the Bid Proposal 3.1 All bid responses must be submitted on the forms included in the Quote packet. The quoter shall fill in the lump sum base bid for the purpose of determining the best and lowest bid and the unit price bid amount in the event of additional work being required. These unit prices shall be used to determine the costs for changes in the work agreed to and authorized by the Owner. 3.2 Amounts shall be written with ink or typewritten in words and figures, if required. Should there be any discrepancies between words and figures indicating any amount in proposal, amount written in words shall prevail. Bids written in pencil will NOT be accepted. 3.3 Spaces for amount of bids not bid upon shall be filled with "NO BID" so that all blanks are filled. REMEMBER: BID RESPONSES WITH BLANK SPACES WILL BE REJECTED. 3.4 Each multi-page document submitted as part of the bid must be stapled. Do not submit any documents over one-page in length without being stapled. However, do not staple all of the pages of the bid response together as one. Please do NOT submit bound bids. The following documents shall constitute a Contractor's bid proposal and are to be properly executed and submitted in this order: A. Bid Submittal Form, properly executed and completed B. Request for Sub-Contractor(s), if any C. Non-Collusion Affidavit, notarized D. Certificate of Non-Segregated Facilities E. Certification regarding debarment, suspension, and other responsibility matters F. Affidavit concerning employment of unauthorized aliens 3.5 The bid proposal shall be enclosed in a sealed, opaque envelope, properly marked with the name of the company of the quoter and bearing the following caption: Bid of: (Name of Firm) Bid for: Public Facilities Contract Click or tap to enter a date. 3.6 Bid responses must be submitted to the Office of the City Clerk, City Hall, 300 N High Street, 1st Floor, Muncie, IN 47305 by 8:45 a.m. ON DATE. If you are submitting the bid response via Federal Express or another common carrier, the outermost envelope must also be marked in permanent marker with the following at least one-inch high words: BID ENCLOSED, BID OPENING DATE Click or tap to enter a date. Packages delivered after the time stated in the Notice to Quoters will be returned unopened. It is very important to make these fully-completed form and date/time deadlines. NOTE: FedEx generally delivers directly to the City Clerk’s Office; UPS and USPS deliver all packages to the City Controller’s Office on the 3rd Floor of City Hall regardless of how the envelopes are addressed. DO NOT BRING BID RESPONSES TO THE COMMUNITY DEVELOPMENT OFFICE – THEY WILL BE REFUSED! Article 4. State of Quoters Qualifications 4.1 The City will not award the contract to any quoter who does not furnish satisfactory evidence that they have the ability and experience in this area of work, there is sufficient capital and plan to complete the work specified. 4.2 A financial statement of the quoter is mandatory to be awarded a contract. Any bid response submitted without this financial statement will be rendered invalid. The information provided by the quoter in this financial statement must be detailed so that the City can be assured of the quoter’s financial capability to complete the awarded deconstruction or demolition project. 4.3 The Standard Questionnaire and Financial Statement for Quoters (Indiana State Board of Accounts Form 96 Part II and III; available at http://www.in.gov/sboa/files/Form96.pdf) may be substituted for the City’s financial statement, but is NOT required to use. ARTICLE 5. Signature of Quoters 5.1 Bid responses not signed by the Quoter may be signed by the Quoter’s Attorney-In-Fact. The Power of Attorney document authorizing said Attorney-In-Fact needs to be included in the bid response in order for bid response to be accepted. This applies if the Quoter is an individual, partnership, or corporation. 5.2 Any bid proposal signed for a partnership shall be signed by all partners or by an attorney-in-fact. If signed by an attorney-in-fact, there shall be attached to bid a "Power of Attorney," evidencing authority to sign bids, executed by the partners. 5.3 Any bid proposal submitted by a corporation shall have correct corporate name and the signature of the President (or other authorized officer of the corporation) and Secretary, manually written below corporate name, following the word "by" and shall have affixed the corporate seal. 5.4 Limited or qualified bid proposals will not be accepted. ARTICLE 6. Quoter to Examine Site/Mandatory Pre-Bid Conference 6.1 Attendance at the pre-bid conference is mandatory if stated in the Notice to Quoters. Bid responses submitted by Quoters not present at the specified pre-bid conference will be rejected. 6.2 All quoters shall examine the Contract Documents and construction site to acquaint themselves with the conditions under which the work is to be performed, and the existence of the obstacles which may be encountered, (above and underground) and all other relevant matters concerning work to be performed. The successful quoter will not be allowed any extra compensation by reason of any matter or thing concerning which said quoter might have fully acquainted himself because of his failure to have so acquainted himself prior to the bidding. ARTICLE 7. All Communications including Questions, Addendums to Quote packet or Contract Documents & Bid Response Submission Are Required by Email 7.1 Any and all inquiries pertaining to Contract Documents or process of responding, addendums to documents required for Quoters or Contractors, and submission of Bid Responses need to be made via email to the Office of Community Development, Allen Wiseley Planner 1 at awiseley@muncie.in.gov. Any response will be made via email to all Quoters. 7.2 If any person submitting a bid proposal for work is in doubt as to true meaning of any part of Contract Documents, he may submit request for an interpretation made via email to the Office of Community Development, Allen Wiseley Planner 1 at awiseley@muncie.in.gov. Any interpretation of such Contract Documents will be made to addendum issued. 7.3 Addendum may be issued by the Office of Community Development no later than 4:00 p.m. on the Monday prior to the Bid opening date. Any addendums will be emailed to each Quoter or Quoter’s Attorney-in-fact who attended the mandatory Pre-bid Conference. Addendums will NOT be faxed or mailed. When issued, the addendums become part of the Quote packet and Contract Documents. Receipt of these addendums, when issued, should be noted on the Bid Form. Failure to note receipt of such addendums does NOT exempt Quoter from compliance with the addendum information or requirements. ARTICLE 8. Withdrawal of Bid Proposal Any quoter may withdraw his bid proposal at any time until scheduled time for receipt of bid proposals. No bid proposal shall be withdrawn after scheduled time for receipt of bid proposals without consent of Owner for a period of 60 days. ARTICLE 9. Award of Contract - Rejection of Bids 9.1 The Owner intends not to award the Contract to any quoter who does not furnish satisfactory evidence that he has the ability and experience in this class of work, and that he has sufficient capital and plant to enable him to procure the same successfully and to complete the work in the time named in the proposal. The Board reserves the right to reject any and all bids. 9.2 The award of Contract will be made to the lowest and/or best quoter in accordance with the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Under the provisions of Section 3, businesses that qualify may be eligible for preference in the awarding of contracts. 9.3 The Contract shall be deemed as having been awarded when the Owner has officially acknowledged award of the Contract. 9.4 The Owner reserves the right to reject any and all bids and to waive any informality in bids received whenever such rejections or waiver is in the interest of the Owner. ARTICLE 10. Execution of Contract - Performance and Payment Bond 10.1 The successful quoter will be notified and required to attend a Pre-Construction Conference where the Contract shall be executed. Prior to executing the Contract, however, the successful quoter shall submit the following documents which will become a part of the Contract Documents. Should the successful quoter fail to produce the following documents, he shall forfeit his right to form a contract with the Owner. A. Contractor's Certification Concerning Labor Standards and Prevailing Wage Requirements. B. Current Certificate of Insurance (see Article 11 for insurance requirements) C. Contracts awarded in excess of $75,000.00 shall automatically require a One Year Performance and Payment Bond which shall be delivered by the successful quoter to the Owner at the Pre-Construction Conference. Upon execution of the Contract, the Bid Security shall be returned. 10.2 The successful Quoter will execute the Contract with the City within seven (7) days of being notified via email by the City that the contract is prepared, awaiting signatures. A Notice to Proceed will be issued when the Contract is signed. ARTICLE 11. Insurance and Legal Responsibility 11.1 The Contractor shall not commence any work until he obtains, at his own expense, all required insurance. Such insurance must have the approval of the Owner as to limit, form, and amount. The Contractor will not permit any Subcontractor to commence work on this project until the same insurance requirements have been complied with by each Subcontractor. The Contractor or Insurance Company shall furnish proof that said insurance company is bondable. 11.2 The type of insurance the Contractor is required to obtain and maintain for the full period of the Contract will be Workmen's Compensation Insurance, Comprehensive General Liability Insurance, and Builder's Risk "All-Risk" Insurance (see 10.7). 11.3 If the Contractor or any Sub-contractor claims exemption from the Workers Compensation Insurance requirement based on contract-employee status, a current and valid certificate of exemption issued by the Indiana Department of Revenue and duly stamped by the Worker’s Compensation Board of Indiana will need to be submitted to the City (See Appendix). 11.4 The Contractor shall carry or require that there be carried Manufacturer's and Contractor's Public Liability Insurance with limits of $100,000/$300,000 to the City of Muncie, Contractor or his Sub-Contractor against claims for injury to death of one or more persons due to fire, explosion and all other accidents which may occur or result from operations under the Contract on or off the premises. Such insurance shall cover the use of all equipment, hoists, and motor vehicles on the site or going to and from the site. 11.5 Each and every employee of the Contractor and the Sub-contractor are exclusive employees of the Contractor or Sub-contractor. 11.6 The Contractor will name the City as an additional insured and hold the City harmless on all aspects of the performance of this Contract. 11.7 The Contractor shall furnish evidence of Insurance providing the following coverages and limits: Coverage Limits Comprehensive General Liabilities $500,000 each person (including Contractual) $500,000 each accident $1,000,000 aggregate Property Damage $500,000 each person $1,000,000 aggregate or $500,000 CSL Bodily Injury and Property Damage Workmen's Compensation Statutory Employer's Liability $250,000 Automobile Liability/Bodily Injury $500,000 each person $500,000 each accident Umbrella $1,000,000 ARTICLE 12. Notice to Proceed Contractor shall commence work immediately following the receipt of Notice to Proceed. The work of the Contract shall be completed within the period of time indicated in the Contract. ARTICLE 13. Tax Exemptions No state sales tax is due or payable on any material furnished to the project. A Sales Tax Exemption form will be furnished by the Department upon request. ARTICLE 14. Unavailability of Materials 14.1 Bids must be based on the use of materials specified, subject to the provisions of any addenda issued. If the Contractor is unable to furnish or use any of the materials or equipment specified because of any order by a governmental agency limiting the manufacturer or use, or because the supply situation in the general market for such materials or equipment is affected, the Contractor shall offer substitutes therefore. The substitutes shall be suitable for the purpose, considering the factors of quality, serviceability, appearance, and maintenance. No substitute shall be used until it has been approved by the project inspector. 14.2 No consideration will be given to the use of substitutes on account of market conditions, unless the Contractor demonstrates that for the item in question, he placed his order and submitted shop drawings without delay; that he has shown due diligence in attempting to locate the item as specified; and that the unavailability is due to market conditions in general throughout the particular industry. 14.3 If substitutes are used in the work, the compensations to be paid the Contractor shall be subject to review and adjustment. As a general principle, if the Project Inspector shall determine that the substitute will be less satisfactory, the Contractor shall allow a credit to the Owner. Only under unusual circumstances shall there be an increase in compensation to the Contractor. Adjustments will be based on the cost of the appropriate items at the time the bids were opened. ARTICLE 15. Change in Scope of Project The Owner reserves the right to re-bid any portion of this project when alterations of design or the scope of the work is expanded to such a degree that additional costs are anticipated to exceed 10% of the Contract amount. ARTICLE 16. Change Orders Contractor will NOT be allowed any extra compensation for any matter or thing which Contractor could reasonably ascertain or acquaint him/her/itself prior to bidding. No change order will be recognized without prior approval of the Owner. If the Contractor performs any work prior to receiving approval of the Owner, any such work will be at his own expense, and the Owner shall not consider any request for reimbursement. ARTICLE 17. Right of Access The quoter, if awarded the Contract for this project, agrees that the representatives of the Environmental Protection Agency, the State of Indiana, and all other regulatory agencies will have access to the work whenever it is in preparation or progress, and that the Contractor will provide facilities for such access and inspections. ARTICLE 18. Night and Weekend Work No night or weekend work (Saturday and Sunday) requiring the presence of a Project Supervisor Inspector will be permitted except in case of emergency, and then only to such extent as it is absolutely necessary, and with written approval of the Project Supervisor. ARTICLE 19. Safety and Health Regulations The successful quoter shall be responsible for all obligations prescribed as employer obligations under Chapter XVII of Title 29 Code of Federal Regulations, Part 1926, otherwise known as "Safety and Health Regulations for Construction." ARTICLE 20. Suspension of Work by Owner The Project Supervisor or Inspector shall have the authority to suspend the work, wholly or in part, for such period or periods as he may deem necessary due to unsuitable weather or such other conditions as are considered detrimental to carrying out the provisions of the Contract. Additionally, the work or any portion thereof may be suspended at any time at the discretion of the Project Supervisor or Project Inspector. This stop order will be followed by written notice and reason for the stoppage. ARTICLE 21. General Contractor's Liability Liability of Contractor for Employees: Each and every employee of the Contractor and each and every one of his Sub-contractors engaged in the said work shall for all purposes be deemed and taken to the exclusive servants of the Contractor and not for any purpose or in any manner be relieved from responsibility or liabilities on account of any fault or delay in the execution of the said work, or any part thereof, by any such employee, or any such Subcontractor, or any material men whatsoever. ARTICLE 22. Intent of the Contract Documents 22.1 The Notice to Quoters, Instructions to Quoters, Contract, and Specifications/Scope of Work are complementary and what is called for by one shall be as binding as if called for by all. The intention of the Contract Documents is to include in the Contract price of all labor and materials, water, fuel, tools, plants, equipment, light, transportation and all other expenses as may be necessary for the proper execution of the work. 22.2 In interpreting the Contract Documents, words describing material or work which have well known technical or trade meanings unless otherwise specifically defined in the Contract Documents shall be construed in accordance and with such well known meanings recognized by registered engineers and the trade. ARTICLE 23. Compliance with the Law Contractor is responsible for providing all notices, payment of all fees, and complying with all laws, ordinances, rules, and regulations bearing on the performance of the work. ARTICLE 24. Public Rights-of-Way In public thoroughfares, all operations of the Contractor, including those of temporary nature, must be confined within the applicable right-of-way limits. If the methods of construction employed by the Contractor are such as to require the use of land beyond the public thoroughfares, he shall make his own agreements with the property owners affected for the use of such additional land. The City Engineering Department shall be notified of any agreements for additional land use, and a copy of said agreements shall be provided to the Engineer upon request. ARTICLE 25. Existing Utilities All existing public and private utility systems which conflict with the construction of the work herein described shall be relocated or temporarily removed and replaced as required. Such relocating or temporary removal and replacement shall be accomplished at the expense of the Contractor and the work shall be done by the public or private utility unless the utility approves in writing that the work may be done by the Contractor. ARTICLE 26. Utility Protection Public and private utilities: It shall be the duty of the Contractor to make final and exact determination of the location and extent of all utilities and he will be liable for any expense resulting from damage to these utilities. ARTICLE 27. Interference with and Protection of Streets 26.1 The Contractor shall not close any portion of a street, road, or private way without obtaining permits therefore from the proper authorities and without notifying the Police Department, Fire Department, Hospitals, Ambulance Services, etc., at least seventy-two (72) hours prior to the closing. If any street or private way shall be rendered unsafe by the Contractor's operations, he shall make such repairs or provide such temporary ways or guards as shall be acceptable to the City Engineer. 26.2 Streets, roads, private ways, walks, and alleys shall be maintained passable by the Contractor at his expense, and the Contractor shall assume full responsibility for the adequacy and safety of provisions made. 26.3 Where construction necessitates the temporary removal of mailboxes used by the U.S. Postal Service, said mailboxes shall be replaced within twenty-four (24) hours after filling in excavated or disturbed areas to an equal or better condition to the satisfaction of the City Engineer. ARTICLE 28. Protection to Property Materials delivered shall be neatly, safely and compactly piled up along the sides of the roadway in which the improvements are located or adjacent thereto, as the Engineer may direct in such a manner as to cause the least inconvenience and damage to property and to the general public, and not within fifteen (15) feet of any fire hydrant. Public and private drives, street crossings, and walkways shall be kept open to the greatest degree possible. ARTICLE 29. Barricades The Contractor shall provide adequate signs, barricades, warning lights and watchmen and take all necessary precautions for the protection of the work and the safety of the public. All barricades and obstructions shall be protected at night by suitable signal lights which shall be kept burning from sunset to sunrise. Barricades shall be of substantial construction and shall be painted such as to increase their visibility at night. Suitable warning signs shall be so placed and illuminated at night as to show in advance where construction, barricades, or detours exist. A snow fence shall be placed around all excavation at night and any time no one is working at the site. ARTICLE 30. Public Convenience The Contractor shall at all times so conduct his work as to ensure the least possible obstruction to traffic and inconvenience to the general public and residents in the vicinity of the work, and to ensure the protection of person and property. No road or street shall be closed to the public except with the permission of the proper authorities. Fire hydrants on or adjacent to the work shall be kept accessible to fire fighting equipment at all times. PUBLIC FACILITY CONSTRUCTION CONTRACT 1 PROJECT TITLE 2 3 This Contract made this ____day of , 20 by and between the Office of Community 4 Development, City of Muncie, Indiana, (hereinafter referred to as the "Owner"), 5 ______________, (hereinafter referred to as the “Subrecipient”), and , (hereinafter 6 referred to as the "Contractor"). 7 8 WITNESSETH 9 10 That for and in consideration of the mutual covenants herewith enumerated, the Owner does 11 hereby hire and employ the Contractor to furnish all materials, equipment and labor 12 necessary to fully perform, and complete the construction described as follows: 13 14 ___________________________________________________ 15 AS PER SPECIFICATIONS 16 Construction will be performed according to the plans, standard specifications, drawings and 17 any additional specifications which are on file in the office of Community Development, City 18 of Muncie (hereinafter referred to as CD) and will also reflect any supplemental, general, or 19 special provisions either set out or referred to in the Contractor's bid proposal to the Owner. 20 The Contractor will be paid upon completion of this work, when done to these specifications. 21 Instructions to Bidders and provisions referred to herein are made a part of this Contract the 22 same as herein fully set forth. The Owner and Contractor expressly agree that CD shall have 23 full authority to directly enforce the terms and conditions of this Contract for and on behalf 24 of the Owner. Additionally, they agree that CD shall possess each and every right afforded 25 to the Owner by this Contract, as well as any other right specifically provided herein. 26 27 CONTRACT DOCUMENTS AND SPECIFICATIONS 28 29 Work to be performed shall be in accordance with drawings and specifications included with 30 this bid packet and prepared by the Owner, Subrecipient, or their duly authorized architect(s) 31 or engineer(s). 32 33 SPECIFICATIONS / SUMMARY OF WORK 34 The detailed project scope of work and specifications are included in ATTACHMENT 35 __. 36 37 ARTICLE 1. Compensation 38 The Owner agrees to pay to the Contractor the sum of $ () based on the 39 estimate unit quantities at the spec ified unit prices stated on the Contractor’s attached 40 proposal. The Contractor’s attention is drawn to the fact that the estimate of quantities of 41 work to be done and materials to be furnished as shown on the proposal form is 42 approximate, and is given onl y as a basis of calculation upon which the award of the 1 contract is made. Final contract amount will be determined by actual measured quantities 2 of work in place by a duly authorized representative of the Engineering Department. The 3 Contractor shall not plead misunderstanding or deception because of these quantities, or 4 because of the character, location, or other conditions pertaining thereto. Actual 5 quantities paid for will be at the contract unit price or prices; or otherwise as agreed upon 6 by the Contractor or the Owner. The right is reserved for the Owner to increase or 7 decrease any or all of the above-mentioned quantities of work or to omit certain quantities, 8 as it may deem necessary. 9 10 ARTICLE 2. Time of Performance 11 The Contractor hereby agrees to commence work under this Contract within 30 days 12 following the signing of this contract. Starting from the date of such conference, the 13 Contractor has 30 days in order to complete the project and to remove all surplus materials 14 and other clean-up work as so ordered by the Department. 15 16 ARTICLE 3. Contract Security 17 18 Contract Security on this contract will consist of material and payment bond. On 19 Contracts exceeding $75,000.00 the Contractor shall furnish a performance bond in an 20 amount of 100% of the Contract Price as security for faithful performance of the contract 21 for a period of one year. Such security must be furnished at the Pre-Construction 22 Conference. Such surety must be signed by an approved Surety (Sureties) that is 23 registered with the Indiana Department of Insurance and appears on the current List of 24 Certified Companies for the State of Indiana published by the U.S. Bureau of the Fiscal 25 Service. 26 27 ARTICLE 4. Insurance 28 The Contractor shall not commence any work until he obtains, at his own exp ense, all 29 required insurance. Such insurance shall name the City as an additional named insured with 30 regard to the operation(s) being performed, and insert a clause holding the City harmless. 31 The Contractor will not permit any Subcontractor to commence work on this project until the 32 same insurance requirements have been complied with by each Subcontractor. The 33 Contractor shall furnish evidence of Insurance providing the following coverage and limits: 34 Coverage Limits 35 Comprehensive General Liabilities $500,000 each person 36 (Including Contractual) $500,000 each accident 37 $1,000,000 aggregate 38 39 Property Damage $500,000 each person 40 $1,000,000 aggregate 41 Or 42 $500,000 CSL Bodily Injury & Property Damage 43 44 Workmen's Compensation Statutory 1 2 Employer's Liability $250,000.00 3 4 Automobile Liability/Bodily Injury $500,000 each person 5 $500,000 each accident 6 7 Excess (Umbrella) $1,000,000 8 9 The Contractor and Subcontractor(s) are required to maintain the above insurance 10 requirement until the project is completed and final payment is issued. 11 12 ARTICLE 5. Termination for Default or Convenience 13 5.1 The Department may terminate this Contract, in whole or in part, at any time by 14 written notice to the Contractor. The Contractor shall be paid its costs, including 15 Contract close-out costs and profit on work performed up to the time of termination. 16 The Contractor shall promptly submit its termination claim to be paid to the Owner. If 17 the Contractor has any property in its possession belonging to the City, the 18 Contractor will account for the same, and dispose of it in the manner the Owner 19 directs. The parties agree that the Owner shall not be liable for the cost of the 20 Contractor doing business, his overhead, or salaries if this Contract is terminated. 21 5.2 If the Contractor fails to perform in the manner called for in this Contract, or if the 22 Contractor fails to comply with any other provisions of this Contract, the Department 23 may terminate this Contract for default. Termination shall be affected by serving a 24 "Notice of Termination" on the Contractor setting forth the manner in which the 25 Contractor is in default. The Contractor will only be paid the Contract price for 26 services performed in accordance with the manner of performance set forth in this 27 Contract. 28 5.3 In the event of a strike, fire, flood, or events which are not the fault of the Contractor, 29 or events that make it impossible or impractical for the Contractor to complete said 30 work on schedule, the Department, after setting up a new performance schedule, 31 may allow the Contractor to continue work, or may treat the said events as a 32 termination for convenience. 33 34 5.4 In accordance with 24 CFR 85.44 Termination for Convenience, this Agreement 35 may also be terminated for convenience by either CD or the Contractor, in whole 36 or in part, by setting forth the reasons for such termination, the effective date, 37 and, in the case of partial termination, the portion to be terminated. However, if in 38 the case of a partial termination, CD determines that the remaining portion of the 39 award will not accomplish the purpose for which the award was made; CD may 40 terminate the award in its entirety. 41 42 ARTICLE 6. Equal Employment Opportunity (Executive Order 11246) 43 During the performance of this contract, the Contractor agrees as follows: 44 6.1 The Contractor will not discriminate against any employee or applicant because of 1 race, creed, color, age, sex, handicap or national origin. The Contractor will take 2 affirmative action to ensure that applicants are employed and that employees are 3 treated during employment without regard to their race, religion, color, sex, age, 4 handicap, familial status or national origin. Such action shall include, but not be 5 limited to the following: Employment, upgrading, demotion or transfer; recruitment 6 advertising, layoff or termination, rates of pay or other forms of compensation, and 7 selection for training, including apprenticeship. The Contractor agrees to post in 8 conspicuous places, available to employees and applicants for employment, notices, 9 to be provided, setting forth the provisions of this nondiscrimination clause. 10 6.2. The Contractor will, in all solicitations or advertisements for employees place by or 11 on behalf of the Contractor, state that all qualified applicants will receive 12 consideration for employment without regard to race, religion, color, sex, age, 13 handicap, familial status or national origin. 14 6.3 The Contractor will send to each labor union or representative of workers with which 15 he has a collective bargaining agreement of other contract or understanding, a notice 16 advising the said labor union or worker's representatives of commitments under this 17 section, and shall post copies of the notice in conspicuous places available to 18 employees and applicants for employment. 19 20 6.4 The Contractor will not discriminate against any employee or applicant for 21 employment because he or she is a disabled veteran or a veteran of the Vietnam Era 22 in regard to any position for which the employee or applicant for employment is 23 qualified. The Contractor agrees to take affirmative action to employ, advance in 24 employment, and otherwise treat qualified disabled veterans and veterans of the 25 Vietnam Era without discrimination based upon their disability or veteran status in all 26 employment practices such as the following: employment upgrading, demotion or 27 transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of 28 compensation, and selection for training, including apprenticeship. 29 6.5 The Contractor will comply with a ll provisions of E.O. 11246, “Equal Employment 30 Opportunity,” as amended by E.O. 11375, “Amending Executive Order 11246 31 Relating to Equal Employment Opportunity,” and as supplemented by regulations at 32 41 CFR part 60, “Office of Federal Contract Compliance P rograms, Equal 33 Employment Opportunity, Department of Labor. ” No segregated facilities will be 34 maintained as required by Title VI of Civil Rights Acts of 1964. 35 6.6 The Contractor will furnish all information and reports required by E.O. 11246, “Equal 36 Employment Opportunity,” as amended by E.O. 11375, “Amending Executive Order 37 11246 Relating to Equal Employment Opportunity,” and as supplemented by 38 regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, 39 Equal Employment Opportunity, Department of Labor.”, and will permit access to his 40 book, records, time cards, and accounts by the administering agency and the 41 Secretary of Labor for the purposes of investigation to ascertain compliance with 42 such rules, regulations and orders. 43 6.7 In the event of the Contractor's non-compliance with the non-discriminatory clauses 1 of this Contract or with any of the said rules, regulations or orders, this Contract may 2 be cancelled, terminated, or suspended in whole or in part and the Contractor may 3 be declared ineligible for further grantee contracts or Federally assisted construction 4 contracts in accordance with procedures authorized in Executive Order 11246 of 5 September 24, 1965, and such other sanctions may be imposed and remedies 6 invoked as provided in E.O. 11246, “Equal Employment Opportunity,” as amended 7 by E.O. 11375, “Amending Executive Order 11246 Relating to Equal Employment 8 Opportunity,” and as supplemented by regulations at 41 CFR part 60, “Office of 9 Federal Contract Compliance Programs, Equa l Employment Opportunity, 10 Department of Labor.” 11 6.8 The Contractor will include the portion of the sentence immediately preceding 12 paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract 13 or purchase order unless exempted by rules, regulations or orders of the Secretary 14 of Labor issued pursuant to Section 204 of E.O. 11246, “Equal Employment 15 Opportunity,” as amended by E.O. 11375, “Amending Executive Order 11246 16 Relating to Equal Employment Opportunity,” and as supplemented by regulations at 17 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal 18 Employment Opportunity, Department of Labor.” , so that such provisions will be 19 binding upon each subcontractor or vendor. The Contractor will take such action with 20 respect to any subcontract or purchase order as the administering agency may direct 21 as a means of enforcing such provisions, including sanctions for noncompliance. 22 Provided, however, that in the event a contractor becomes involved in, or is 23 threatened with, litigation with a subcontractor or vendor as a result of such direction 24 by the administering agency, the Contractor may request the United States to enter 25 into such litigation to protect the interests of the United States. 26 27 ARTICLE 7. Federal Labor Standards Provisions 28 The most recent labor wage decision is included in ATTACHMENT B. 29 30 7.1 Applicability. The project to which the work covered by this Contract pertains is 31 being assisted by the United States of America and the following Federal Labor 32 Standards Provisions are included in this Contract pursuant to the provisions 33 applicable to such Federal Assistance. 34 7.2 Minimum Wage Rates and Laborers. All laborers and mechanics employed under 35 the work covered by this Contract shall be paid unconditionally and not less than 36 once each week. This will be without subsequent deductions as are permitted by the 37 applicable regulations issued by the Secretary of Labor, United States Department 38 of Labor pursuant to the Anti-kickback Act hereinafter identified. They must be paid 39 the full amount due at time of payment computed at wage rates not less than those 40 contained in the wage determination decision of said Secretary of Labor (a copy of 41 which is attached and herein incorporated by reference). This amount must be paid 42 regardless of any contractual relationship, which may be alleged to exist between the 43 Contractor or any subcontractor and such laborers and mechanics. For all contracts 44 and subcontractors executed for projects that have been determined to require 1 Davis-Bacon wages, the contractor or subcontractor shall comply with the Davis -2 Bacon Act (40 U.S.C. 276a to a- 7) and as supplemented by Department of Labor 3 regulations (29 CFR part 5, “Labor Standards Provisions Applicable to Contracts 4 Governing Federally Financed and As sisted Construction”). Under this Act, 5 contractors shall be required to pay wages to laborers and mechanics at a rate not 6 less than the minimum wages specified in a wage determination made by the 7 Secretary of Labor. In addition, contractors shall be required to pay wages not less 8 than once a week. For the purpose of this clause, contributions made or costs 9 reasonably anticipated under Section 1(b)(2) of the Davis-Bacon Act on behalf of 10 laborers or mechanics are considered wage paid to such laborers or m echanics, 11 subject to the provisions of Section 5.5 (a)(1)(iv) of Title 29, Code of Federal 12 Regulations. Also for the purpose of this clause, regular contributions made or costs 13 incurred for more than a weekly period, are deemed to be consecutively made or 14 incurred during such weekly periods. 15 7.3 Underpayment of Wages or Salaries. The Department reserves the right to 16 request canceled checks or other supporting documentation to verify that amounts 17 reflected on certified payrolls were indeed paid to employees. When requested, such 18 documentation will be presented to the Board prior to release of final payment. In 19 case of underpayment of wages by the Contractor or subcontractor to laborers or 20 mechanics employed by the Contractor or subcontractor upon the work covered by 21 this Contract, the Department, in addition to such other rights as may be afforded it 22 under this Contract, shall withhold from the Contractor, out of any payments due the 23 Contractor, so much thereof as the Department may consider necessary to pay such 24 laborers or mechanics the full amount of wages required by this Cont ract. The 25 amount so withheld may be disbursed by the Department, for and on account of the 26 Contractor or the subcontractor (as may be appropriate) to the respective laborers or 27 mechanics to whom the same is due or on their behalf to plans, funds, or programs 28 for any type of fringe benefit prescribed in the applicable wage determination. 29 7.4 Anticipated Costs of Fringe Benefits. If the Contractor does not make payments 30 to a trustee or other third party, he/she may consider as part of the wages of any 31 laborer or mechanic the amount of any costs reasonable anticipated in providing 32 fringe benefits under a plan or program of a type expressly listed in the wage 33 determination decision of the Secretary of Labor which is part of this Contract; 34 provided, however, the Secretary of Labor has found, upon the written request of the 35 Contractor, that the applicable standards of the Davis-Bacon Act have been met. The 36 Secretary of Labor may require the Contractor to set aside in a separate account 37 assets for the meeting of obligations under the plan or program. A copy of any finding 38 made by the Secretary of Labor in respect to fringe benefits being provided by the 39 Contractor must be submitted to the Board with the first payroll filed by the Contractor 40 subsequent to receipt of the findings. 41 42 7.5 Overtime Compensation Required by Contractor Work Hours and Safety 43 Standards Act (76 Stat. 357-360: Title U.S.C., Section 327-332) 44 A. Overtime Requirements. No Contractor or subcontractor contracting for any 1 part of the Contract work which may require or involve the employment of 2 laborers of mechanics, including watchmen and guards, shall require or 3 permit any laborer or mechanic in any work week in which he is employed on 4 such work to work in excess of forty (40) hours in such work week unless such 5 laborer or mechanic receives compensation at a rate not less than one and 6 one-half times the basic rate of pay for all hours worked in excess of 40 hours 7 in such work week, as the case may be. 8 B. Violation. Liability for unpaid wage liquidated damages. In the event of any 9 violation of the clause set forth in paragraph (a) the Contractor and any 10 subcontractor responsible therefore shall be liable to: (1) Any affected 11 employee for his/her unpaid wages, and (2) The United States for liquidated 12 damages. Such liquidated damages shall be computed with respect to each 13 individual laborer and mechanic employed in violation of the clause set forth 14 in paragraph (a) in the sum of $10.00 for each calendar day on which such 15 employee was required or permitted to work in excess of the standard work-16 week of forty (40) Hours without payment of the overtime wages required by 17 the clause set forth in paragraph (a). This amount may be deducted from final 18 payment to the Contractor. 19 C. Withholding for Liquidated Damages. The Owner shall withhold or cause 20 to be withheld, from any monies payable on account of work performed by the 21 Contractor or subcontractor, such sums as may administratively be 22 determined to be necessary to satisfy any liabilities of such Contractor or 23 subcontractor for liquidated damages as provided in the clause set forth in 24 paragraph (b). 25 D. Subcontractors. The Contractor shall insert in any subcontracts the clauses 26 set forth in paragraphs (a)(b) of this Section and also a clause requiring the 27 subcontractor to include these clauses in any lower tier subcontracts which 28 they may enter into, together with a cl ause requiring this insertion in any 29 further subcontract that may in turn be made. 30 7.6 Employment of Apprentices/Trainees 31 A. Apprentices. Apprentices will be permitted to work at less than the 32 predetermined rate for the work they performed when they are employed and 33 individually registered with the U.S. Department of Labor, Manpower 34 Administration, Bureau of Apprenticeship and Training, or with a State 35 Apprenticeship Agency recognized by the Bureau, or if a person is employed 36 in his first ninety (90) days of probationary employment as an apprentice in 37 such an Apprenticeship Agency (where appropriate) to be eligible for 38 probationary employment as an apprentice. The allowable ratio of 39 apprentices to journeymen in any craft classification shall not be greater than 40 the ratio permitted to the Contractor as to his/her entire work force under the 41 registered program. Any employee listed on a payroll at an apprentice wage 42 rate, who is not a trainee as defined in subdivision (2) of this subparagraph or 43 is not registered of otherwise employed as stated above, shall be paid the 44 wage rate determined by the Secretary of Labor for the classification of work 1 he/she actually performed. The Contractor or subcontractor will be required 2 to furnish to the contracting officer or a representative of the Wage Hour 3 Division of the U.S. Department of Labor written evidence of the registration 4 of his/her program and apprentices as well as the appropriate ratios and wage 5 rates (expressed in percentages of the journeymen hourly rates) for the area 6 of construction prior to using any apprentices on the Contract work. The wage 7 rate paid to apprentices shall be not less than the appropriate percentage of 8 the journeymen's rate contained in the applicable wage determination. 9 B. Trainees. Except as provided in 29 CFR 5.15, trainees will not be permitted 10 to work at less than the predetermined rate for the work performed unless they 11 are employed pursuant to and individually registered in a program which has 12 received prior approval, evidenced b y formal certification, by the U.S. 13 Department of Labor, Manpower Administration, Bureau of Apprentice and 14 Training. The ratio of trainees to journeymen shall not be greater than 15 permitted under the plan approved by the Bureau of Apprenticeship and 16 Training. Every trainee must be paid at not less than the rate specified in the 17 approved program for his/her level of progress. Any employee listed on the 18 payroll at a trainee rate who is not registered in participating in a training plan 19 approved by the Bureau of Apprenticeship and Training shall be paid not less 20 than the wage rate determined by the Secretary of Labor for the classification 21 of work he actually performed. The Contractor or subcontractor will be 22 required to furnish the contracting officer or a representative of the Wage-Hour 23 Division of the U.S. Department of Labor written evidence of the certification 24 of his/her program, the registration of the trainees, and the ratio and wage 25 rates prescribed in that program. In the event the Bureau of Apprenticeship 26 and Training withdraws approval of a training program, the Contractor will no 27 longer be permitted to utilize trainees at less than the applicable 28 predetermined rate for the work performed until an acceptable program is 29 approved. 30 C. Equal Employment Opportunity. The utilization of apprentices, trainees 31 and journeymen under this part shall be in conformity with the equal 32 employment opportunity requirements of Executive Order 11246, as 33 amended, and 29 CFR Part 30. 34 7.7 Employment of Certain Persons Prohibited. No person under the age of sixteen 35 years and no person who, at the time, is serving sentence in a penal or correctional 36 institution shall be employed on work covered by this Contract. 37 7.8 Regulations Pursuant to So-Called "Anti-Kickback Act". The Contractor shall 38 comply with the applicable regulations of the Secretary of Labor, United States 39 Department of Labor, made pursuant to the So-called "Anti-Kickback Act" of June 40 13, 1934, *48 Stat/ 948" 862; Title 40 U.S.C., Section 276(c), as supplemented by 41 Department of Labor regulations (29 CFR part 3, “Contractors and Subcontractors 42 on Public Building or Public Work Financed in Whole or in Part by Loans or Grants 43 from the United States”) and any amendments or modifications thereof shall cause 44 appropriate provisions to be inserted in subcontracts to ensure compliance 45 therewithal by all subcontractors subject thereto, and shall be responsible for the 1 submission of affidavits required by subcontractors thereunder, except as for the 2 submission of affidavi ts required by subcontractors thereunder, except as said 3 Secretary of Labor may specifically provide for reasonable limitations, variations, 4 tolerances, and exemptions form the requirements thereof. The Act provides that 5 each contractor or sub recipient shall be prohibited from inducing, by any means, any 6 person employed in the construction, completion, or repair of public work, to give up 7 any part of the compensation to which he is otherwise entitled. The recipient shall 8 report all suspected or reported violations to the Federal awarding agency. 9 7.9 Employment of Laborers for Mechanics not Listed in Aforesaid Wage 10 Determination Decision. Any class of laborer or mechanic which is not listed in the 11 wage determination and which is to be employed under the Contract will be classified 12 or reclassified conformably to the wage determination by the Board and a report of 13 the action taken shall be submitted by the Board through the Secretary of Housing 14 and Urban Development, to the Secretary of Labor, United States D epartment of 15 Labor. In the event the interested parties cannot agree on particular class of laborers 16 and mechanics to be used, the question accompanied by the recommendation of the 17 Board shall be referred, through the Secretary of Housing and Urban Development, 18 to the Secretary of Labor for final determination. 19 7.10 Fringe Benefits not expressed as Hourly Wage Rates. The Owner shall require, 20 whenever the minimum wage rate prescribed in the Contract for a class of laborers 21 or mechanics includes a fringe benefit which is not expressed as an hourly wage rate 22 and the Contractor is obligated to pay cash equivalent of such a fringe benefit, an 23 hourly cash equivalent thereof to agree upon a cash equivalent to the fringe benefit, 24 the question, accompanied by the recommendation of the Board, shall be referred, 25 through the Secretary of Housing and Urban Development, to the Secretary of Labor 26 for determination. 27 7.11 Posting Wage Determination Decisions and Authorized Wage Deduction. The 28 applicable wage poster of the Secretary of Labor, United States Department of Labor, 29 and the applicable wage determination decisions of said Secretary of Labor with 30 respect to the various classifications of laborers and mechanics employed and to be 31 employed upon the work covered by this Contract, and a statement showing all 32 deductions, if any, in accordance with the provisions of this Contract, to be made 33 from wages actually earned by persons so employed in such classifications, shall be 34 posted at appropriate conspicuous points at the site of the work. 35 7.12 Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic 36 to whom the wage, salary, or other labor standards provisions of this Contract are 37 applicable shall be discharged or in any other manner discriminated against by the 38 Contractor or any subcontractor because such employee filed any complaint or 39 instituted or caused to be instituted any proceeding or has testified or is about to 40 testify in any proceeding under or relating to the labor standards applicable under 41 this Contract to his/her employer. 42 7.13 Claims and Disputes Pertaining to Wage Rates. Claims and disputes pertaining 43 to wage rates or to classifications of laborers and mechanics employed upon the 44 work covered by this Contractor shall be promptly reported by the Contractor in 1 writing to the Department for referral by the latter to the Secretary of Housing and 2 Urban Development to the Secretary of Labor, United States Department of Labor, 3 whose decision shall be final with respect thereto. 4 7.14 Questions Concerning Certain Federal Statutes and Regulations. All questions 5 arising under this Contract which relate to the application or interpretation of (a) the 6 aforesaid Anti-Kickback Act, (b) the Contract Work Hours and Safety Standards Act, 7 (c) the aforesaid Davis-Bacon Act, (d) the regulations issued by the Secretary of 8 Labor, United States Department of Labor, pursuant to said Acts, or (e) the labor 9 standards provisions of any other pertinent Federal statute, shall be referred, through 10 the Department and the Secretary of Housing and Urban Development, to the 11 Secretary of Labor, United States Department of Labor, for said Secretary's 12 appropriate ruling or interpretation which shall be authoritative and may be relied 13 upon for the purposes of this Contract. 14 7.15 Payrolls and Basic Payroll Records of Contractor and Subcontractors. The 15 Contractor and each subcontractor shall prepare his/her payrolls on forms 16 satisfactory to and in accordance with instructions to be furnished by the Owner. The 17 Contractor shall submit weekly to the Department certified copies of all payrolls of 18 the Contractor and the subcontractors, it being understood that the Contractor shall 19 be responsible for the submission of copies of payrolls of all subcontractors. Each 20 such payroll shall contain the "Weekly Statement of Compliance" set forth in Section 21 3.3 of title 29, Code of Federal Regulations. The payrolls, time cards, and basic 22 payroll records of the Contractor and each subcontractor covering all laborers and 23 mechanics employed upon the work covered by the Contract shall be maintained 24 during the course of the work and preserved for a period of three years thereafter. 25 Such payrolls and basic payroll records shall contain the name and address of each 26 such employee, his/her correct classification(s), rate of pay (including rates of 27 contributions or costs anticipated of the types described in Section 1 (b)(2) of the 28 Davis-Bacon Act), daily and weekly number of hours worked in each classification, 29 deductions made, and actual wage paid. In addition, whenever the Secretary of 30 Labor has found under Section 5.5 (a)(1)(iv) of Title 29, Code of Federal Regulations, 31 that the wages of any laborer or mechanic include the amount of any costs 32 reasonably anticipated in providing benefits under a plan or program described in 33 Section 1 (b)(2)(b) of the Davis -Bacon Act, the Contractor or subcontractor shall 34 maintain records which show that the commitment to provide such benefits is 35 enforceable, that the plan or program is financially responsible, and that the plan or 36 program has been communicated in writing to the laborers or mechanics affected, 37 and records which show the costs anticipated or the actual cost incurred providing 38 benefits. The Contractor and each subcontractor shall make his employment records 39 and time cards with respect to persons employed by him/her under the work covered 40 by this Contract, available for inspection by authorized representatives of the 41 Secretary of Housing and Urban Development, the Board and U.S. Department of 42 Labor. Such representatives shall be permitted to interview employees of the 43 Contractor or of any subcontractor during working hours on the job. Such interviews 44 shall be sufficient in scope to resolve satisfactorily questions concerning compliance. 45 7.16 Specific Coverage of Certain Types of Work by Employees. The transporting of 1 materials and supplies to or from the site of the Project to which this Contract pertains 2 by employees of the Contractor or of any subcontractor, and the manufacturing of 3 furnishing of materials, articles, supplies, or equipment on the site of the Project to 4 which this Contract pertains by persons employed by the Contractor or by any 5 subcontractor, shall, for the purposes of this Contract, and without limiting th e 6 generality of the foregoing provisions of this Contract, be deemed to be work to which 7 these Federal Labor Standards Provisions are applicable. 8 7.17 Ineligible Contractors. The Contractor shall not subcontract any part of the work 9 covered by this Contract or permit subcontracted work to be further subcontracted 10 without the Departments prior written approval of the subcontractor. The Owner will 11 not approve any subcontractor for work covered by this Contract who is at the time 12 ineligible under the provisions of any applicable regulations issued by the Secretary 13 of Labor, United States Department of Labor, of the Secretary of Housing and Urban 14 Development, to receive an award of such Contract. 15 7.18 Provisions to be Included in Certain Subcontracts. The Contractor shall include 16 or cause to be included in each subcontract covering any of the work covered by this 17 Contract, provisions which are consistent with these Federal Labor Standards 18 Provisions and also a clause requiring the subcontractors to include such provisions 19 in any lower tier subcontracts which they may enter into, together with a clause 20 requiring such insertion in any further subcontracts that may in turn be made. 21 7.19 Breach of Foregoing Federal Labor Standards Provision. In addition to the 22 causes for termination of this Contract as herein elsewhere set forth, the Department 23 reserves the right to terminate this Contract if the Contractor or any Subcontractor 24 whose subcontract covers any of the work covered by this Contract shall breach any 25 of the Federal Labor Standards Provisions. A breach of these Labor Standards 26 Provisions may also be grounds for debarment as provided by the applicable 27 regulations issued by the Secretary of Labor, United States Department of Labor. 28 29 ARTICLE 8. Section 3 Clause - Contracts over $200,000 30 8.1 The work to be performed under this contract is subject to the requirements of section 31 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u 32 (section 3). The purpose of section 3 is to ensure that employment and other 33 economic opportunities generated by HUD assistance or HUD -assisted projects 34 covered by section 3, shall, to the greatest extent feasible, be directed to low- and 35 very low-income persons, particularly persons who are recipients of HUD assistance 36 for housing. 37 8.2 The parties to this contract agree to comply with HUD's regulations in 24 CFR part 38 135, which implement section 3. As evidenced by their execution of this contract, the 39 parties to this contract certify that they are under no contractual or other impediment 40 that would prevent them from complying with the part 135 regulations. 41 8.3 The contractor agrees to send to each labor organization or representative of 42 workers with which the contractor has a collective bargaining agreement or other 43 understanding, if any, a notice advising the labor organization or workers' 1 representative of the contractor's commitments under this section 3 clause, and 2 will post copies of the notice in conspicuous places at the work site where both 3 employees and appl icants for training and employment positions can see the 4 notice. The notice shall describe the section 3 preference, shall set forth minimum 5 number and job titles subject to hire, availability of apprenticeship and training 6 positions, the qualifications f or each; and the name and location of the person(s) 7 taking applications for each of the positions; and the anticipated date the work shall 8 begin. 9 8.4 The contractor agrees to include this section 3 clause in every subcontract subject to 10 compliance with regulations in 24 CFR part 135, and agrees to take appropriate 11 action, as provided in an applicable provision of the subcontract in this section 3 12 clause, upon a finding that the subcontractor is in violation of the regulations in 24 13 CFR part 135. The contractor will not subcontract with any subcontractor where the 14 contractor has notice or knowledge that the subcontractor has been found in violation 15 of the regulations in 24 CFR part 135. 16 8.5 The contractor will certify that any vacant employment positions, including training 17 positions, that are filled (1) after the contractor is selected but before the contract is 18 executed, and (2) with persons other than those to whom the regulations of 24 CFR 19 part 135 require employment opportunities to be directed, were not filled to 20 circumvent the contractor's obligations under 24 CFR part 135. 21 8.6 Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, 22 termination of this contract for default, and debarment or suspension from future HUD 23 assisted contracts. 24 8.7 With respect to work performed in connection with section 3 covered Indian housing 25 assistance, section 7(b) of the Indian Self-Determination and Education Assistance 26 Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. 27 Section 7(b) requires that to the greatest extent feasible (i) preference and 28 opportunities for training and employment shall be given to Indians, and (ii) 29 preference in the award of contracts and subcontracts shall be given to Indian 30 organizations and Indian-owned Economic Enterprises. Parties to this contract that 31 are subject to the provisions of section 3 and section 7(b) agree to comply with 32 section 3 to the maximum extent feasible, but not in derogation of compliance with 33 section 7(b). 34 35 ARTICLE 9. Retention, Audit, and Inspection of Records 36 9.1 The Subrecipient and Contractor shall maintain all records required by the Federal 37 regulations specified in 24 CFR 570.506 that are pertinent to the activities to be 38 funded under this Agreement. Such records shall include but not be limited to: 39 A. Records providing a full description of each project undertaken, including work 40 write-ups, picture of project asset or area, documentation on all necessary 41 licenses and permits, and site visit/inspection reports (including final 42 inspection); 43 B. Records demonstrating clientele eligibility for services provided, including, but 1 not limited to, application, client name, address, number of household 2 members, verification of income of all household members age 18 or older, 3 percent of median income according to current published HUD Income Limits 4 for Muncie MSA, 5 C. Records verifying property ownership, Beacon Report, current property taxes 6 and sewage, proof of insurance; 7 D. Records documenting activities and services provided daily, such as client 8 records and staff time cards or other CD-approved staff time records; When 9 Subrecipient staff have work time unrelated to this contract and paid by other 10 funding sources, time and payroll records shall demonstrate that funds from 11 this contract are only paying for services covered herein. 12 E. Records to document demographics of program beneficiaries, including race 13 and ethnicity. 14 F. Records documenting compliance with the fair housing and equal opportunity 15 components of the CDBG program, includ ing records of persons denied 16 services and reason(s); 17 G. Financial records as required by 24 CFR 570.502, and 2 CFR 200.327 18 (formerly 24 CFR 84.21−28), and record of disbursements from all funding 19 sources for services under this Agreement; and 20 H. Other records necessary to document compliance with Subpart K of 24 CFR 21 Part 570. 22 9.2 The Subrecipient and Contractor shall retain all financial records, supporting 23 documents, statistical records, and all other records pertinent to the Agreement for a 24 period of four (4) years. The retention period begins on the date of the submission of 25 CD’s annual performance and evaluation report to HUD in which the activities 26 assisted under the Agreement are reported on for the final time. 27 A. Notwithstanding the above, if there are claims, litigation, audits, negotiations 28 or other actions that involve any of the records cited and that have started 29 before the expiration of the four -year period, then such records must be 30 retained until completion of the actions and resolution of all issues, or the 31 expiration of the four-year period, whichever occurs later. 32 9.3 The Subrecipient and Contractor understand that client information collected under 33 this contract is private and the use or disclosure of such information, when not directly 34 connected with the administration of CD’s or Subrecipient’s or Contractor’s 35 responsibilities with respect to services provided under this contract, is prohibited by 36 the Privacy Act of 1974 as amended, unless written consent is obtained from such 37 person receiving service and, in the case of a minor, that of a responsible 38 parent/guardian. 39 9.4 The Subrecipient’s and Contractor’s obligation to CD shall not end until all close-out 40 requirements are completed. Activities during this close-out period shall include, but 41 are not limited to: making final payments, disposing of program assets (including the 42 return of all unused materials, equipment, unspent cash advances, program income 1 balances, and accounts receivable to CD), subm ission of final Subrecipient and 2 Contractors reports to CD, and determining the custodianship of records. 3 Notwithstanding the foregoing, the terms of this Agreement shall remain in effect 4 during any period that the Subrecipient and/or Contractor has control over CDBG 5 funds, including program income. 6 9.5 All Subrecipient and Contractor records with respect to any matters covered by this 7 Agreement shall be made available to CD, grantor agency, the U.S. Department of 8 Labor, the Comptroller General of the Uni ted States or any of their authorized 9 representatives, or Indiana State Board of Accounts at any time during normal 10 business hours, as often as deemed necessary, to audit, examine, and make 11 excerpts or transcripts of all relevant data. Any deficiencies not ed in audit reports 12 must be fully cleared by the Subrecipient and/or Contractor within 30 days after 13 receipt by the Subrecipient of written notice thereof. Failure of the Subrecipient to 14 comply with the above audit requirements will constitute a violation of this contract 15 and may result in the withholding of future payments and/or debarment. The 16 Subrecipient hereby agrees to have an annual agency audit conducted in 17 accordance with current City policy concerning Subrecipient audits and OMB Circular 18 A-133. 19 A. A-133 AUDIT REQUIREMENTS: Nonprofit agencies for fiscal years that 20 start after 12/21/2003, in accordance with the Office of Management and 21 Budget Circular A -133, the Federal Government requires that 22 organizations expending $500,000 or more in Federal financial assistance 23 in a fiscal year must secure audit. For fiscal years that start after 24 12/31/2014, the Federal Government requires that organizations 25 expending $750,000 or more in Federal financial assistance in a fiscal year 26 must secure an audit. All Feder al Funds received by the organization, 27 whether directly from a Federal agency or passed through a state or local 28 government or some nonprofit organizations are counted toward the 29 $500,000/$750,00 threshold. If the Borrower is required to conduct an 30 audit in accordance with either OMB Circular A-128 or OMB Circular A-31 133, the following language should be included in the request for audit 32 proposals and/or engagement letter: “This audit is to be conducted in 33 accordance with Government Auditing Standards and O MB Circular A-34 133 (or A-128, as appropriate)”. 35 36 A copy of the audited financial statements and the auditor’s opinion letter should be 37 submitted to the Department within forty-five (45) days of their completion. 38 39 ARTICLE 10. Responsibility for Damage Claims 40 The Contractor shall save and hold harmless the City and its officers, agents and employees 41 from and against all suits or claims that may be based upon alleged injury to any person or 42 property that may occur, or may be alleged to have occurred, in the co urse of the 43 performance of this Contract by the Contractor, whether such claims shall be made by an 44 employee of the Contractor; and the charges of attorneys and all other costs and other 45 expenses arising therefrom or incurred in connection therewith; and if any judgment shall 1 be rendered against the City or any of its officers, and expenses, satisfy and discharge the 2 same. 3 4 ARTICLE 11. Removal of Defective and Unauthorized Work 5 11.1 Defective Work - Whenever inspections show that portions of the work were not 6 constructed in compliance with the terms of this Contract or specifications, the Owner 7 will require the Contractor to remove and replace such portions, and any expense 8 incurred by such correction will be borne by the Contractor. 9 11.2 Unauthorized Work - Work done beyond the plans or as otherwise given, will be 10 considered unauthorized and at the expense of the Contractor, and will not be paid 11 for by the Owner. Work so done may be ordered removed and replaced at the 12 Contractor's expense. Should the Cont ractor fail to remove or renew defective 13 material or work, or unauthorized work, within the time specified, the Owner shall 14 have authority to cause such work to be done at the Contractor's expense, or to 15 default this Contract. 16 17 ARTICLE 12. Workmanship 18 Contractor shall have competent supervision on the job at all times to direct the work. The 19 construction methods used and workmanship performed shall conform to the best-accepted 20 practice and specification for the work to be performed. 21 22 ARTICLE 13. Protection of Work and Safety Measures 23 Contractor shall use care and diligence and shall see that all work performed shall at all 24 times be guarded and protected from any and all loss or damage until the work done is 25 accepted by the Owner. Any loss of or damage to the work performed prior to its acceptance 26 by the Owner due to Contractor's failure to properly guard or protect such work shall be 27 made good by Contractor at his own expense. 28 29 ARTICLE 14. Percentage of Work to be Performed by Prime Contractor 30 At least 51% of this Contract must be performed by the Prime Contractor with whom this 31 Contract is made. 32 33 34 ARTICLE 15. Warranty of Construction 35 In addition to any other warranties set out elsewhere in this Contract, the Contractor 36 warrants that the work performed under this Contract conforms to the Contract requirements 37 and is free of any defect of equipment, material, or design furnished, or workmanship 38 performed by the Contractor or any of his subcontractors or suppliers at any tier. Such 39 warranty shall continue for a period of one year from the date of final acceptance of the work, 40 but with respect to any part of the work of which the Owner takes possession and use, such 41 warranty shall start on the date of possession. Under this warranty, the Contractor shall 42 remedy at his own expense any such failure to conform to Contract requirements or any 43 such defect of equipment, material, workmanship or terms of this clause. The Contractor's 44 warranty with respect to work repaired or replaced hereunder will run for one year from the 1 date of such repair or replacement. 2 15.1 The Owner shall notify the Contractor in writing within a reasonable time after the 3 discovery of any failure, defect, or damage. 4 15.2 Should the Contractor fail to remedy any failure, defect or damage descri bed in 5 Article 10 within a reasonable time (as determined by the Owner) after receipt of 6 notice thereof, the Owner shall have the right to replace, repair, or otherwise remedy 7 such failure, defect, or damage at the Contractor's expense and to recover such cost 8 from the Contractor. 9 15.3 In addition to the other rights and remedies provided by this clause, all subcontractor, 10 manufacturer and supplier warranties, expressed or implied, respecting any work 11 and/or materials shall, at the direction of the Owner, be enforced by the Contractor 12 for the benefit of the Owner. In such case, if the Contractors warranty under Article 13 11 above should expire prior to the extended warranties, the Contractor shall execute 14 such warranties with the Owner and its successors named in the warranty provisions. 15 15.4 Notwithstanding any other provision of this clause, unless such a defect is caused by 16 the negligence of the Contractor or his subcontractors or suppliers at any tier, the 17 Contractor shall not be liable for the repair or any damage which results from such 18 defect in Owner-furnished material or design. 19 15.5 The Warranty specified herein shall not limit the Owner's rights under this Contract 20 with respect to latent defects, gross mistake or fraud. 21 22 ARTICLE 16. Contract Documentation 23 The Contractor shall furnish upon request, any documentation relating to his performing as 24 a Contractor or Subcontractor under this Contract. The requested information may be, but 25 is not limited to the following: payroll records, material inv oices, subcontract agreements 26 with pertinent attachments, and Section 3 Compliance documentation. 27 28 ARTICLE 17. Illegal Immigration Reform and Immigration Responsibility 29 The Contractor understands and agrees that it is required to enroll in and verify the work 30 eligibility status of all employees hired after the date of this contract through the E -verify 31 program. This requirement shall be waived if the E -Verify program ceases to exist. For 32 the purposes of this paragraph, the E-Verify program means the electronic verification of 33 work authorization program of the Illegal Immigration Reform and Immigration 34 Responsibility Act of 1996 (P.L. 104- 208), Division C, Title IV, s. 403 (a), as amended, 35 operated by the United States Department of Homeland Security or a successor work 36 authorization program designated by the United States Department of Homeland Security 37 or other federal agency authorized to verify the work authorization status of newly hired 38 employees under the Immigration Reform and Control Act of 1986 (P .L. 99-603). An 39 authorized representative of the Contractor has signed the affidavit attached hereto 40 concerning the employment of unauthorized. 41 42 ARTICLE 18. Debarment and Suspension 43 A contract award (see 2 CFR 180.220) must not be made to parties listed on the 1 government wide Excluded Parties List System in the System for Award Management 2 (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive 3 Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 4 235), ‘‘Debarment and Suspension.’’ The Excluded Parties List System in SAM contains 5 the names of parties debarred, suspended, or otherwise excluded by agencies, as well 6 as parties declared ineligible under statutory or regulatory authority other than Executive 7 Order 12549. To do this the Contractor must go to www.sam.gov, print off pages 8 showing its contractors and sub-contractors are or are not debarred, suspended, 9 proposed for debarment, declared in-eligible, or voluntarily excluded from participating 10 in this transaction by the Department of any Federal Agency before any work can begin 11 on a project. 12 13 ARTICLE 19. Use and Reversion of Assets 14 The use and disposition of real property and equipment under this Agreement shall be 15 in compliance with the requirements of 2 CFR Part 200 24 (formerly CFR Part 84) and 16 24 CFR 570.502, 570.503, 570.504, and 570.505, as applicable, which include but are 17 not limited to the following: 18 19.1 The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any 19 accounts receivable attributable to the use of funds under this Agreement at the 20 time of expiration, cancellation, or termination. 21 19.2 When real property within the subrecipient's control which was acquired or 22 improved in whole or in part using CDBG funds in excess of $25,000. These 23 standards shall apply from the date CDBG funds are first spent for the property 24 until five (5) years after closeout of an entitlement recipient's participation in the 25 entitlement CDBG program or, with respect to other recipients, until five (5) years 26 after the closeout of the grant from which the assistance to the property was 27 provided. 28 A. A subrecipient may not change the use or planned use of any such 29 property (including the beneficiaries of such use) from that for which the 30 acquisition or improvement was made unless the recipient provides 31 affected citizens with reasonable notice of, and opportunity to comment 32 on, any proposed change, or 33 1. The new use of such property qualifies as meeting one of the 34 national objectives in § 570.208 and is not a building for the general 35 conduct of government; or 36 2. The subrecipient determines, after consultation with affected 37 citizens, that it is appropriate to change the use of the property to a 38 use which does not qualify under section (A)(1) of this article, it may 39 retain or dispose of the property for the changed use if the 40 recipient's CDBG program is reimbursed in the amount of the 41 current fair market value of the property, less any portion of the 1 value attributable to expenditures of non-CDBG funds for 2 acquisition of, and improvements to, the property. 3 B. If the change of use occurs after closeout, the provisions governing 4 income from the disposition of the real property in § 570.504(b)(4) or (5), 5 as applicable, shall apply to the use of funds reimbursed. 6 C. The Subrecipient must have or develop procedures for managing 7 equipment (including replacement equipment), whether acquired in whole 8 or in part under a Federal award, until disposition takes place will, as a 9 minimum, meet the following requirements: 10 1. Property records must be maintained that include a description of 11 the property, a serial number or other unique identification number, 12 the source of funding for the property, who holds title, the 13 acquisition date, and cost of the property, percentage of Federal 14 participation in the project costs for the Federal award under which 15 the property was acquired, the location, use and condition of the 16 property, and any ultimate disposition data including the date of 17 disposal and sale price of the property. 18 D. A control system must be developed to ensure adequate safeguards to 19 prevent loss, damage, or theft of the property. Any loss, damage, or theft 20 must be investigated. 21 E. Following the reimbursement of the CDBG program in accordance with 22 section (A)(2) of this article, the property no longer will be subject to any 23 CDBG requirements. 24 ARTICLE 20. Additional Federal Statutory and Regulatory Requirements 25 20.1 For contracts and subcontracts of amounts in excess of $100,000 the contractor 26 or subcontractor shall comply with all applicable standards, orders, or regulations 27 issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal 28 Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended. Violations 29 shall be reported to the Federal awarding agency and the Regional Agency 30 (EPA). 31 20.2 Contractors who apply or bid for an award of $100,000 or more shall file the 32 required certification. Each tier certifies to the tier above that it will not and has 33 not used Federal appropriated funds to pay any person or organization for 34 influencing or attempting to influence an officer or employee of any agency, a 35 member of Congress, officer or employee of Congress, or an employee of a 36 member of Congress in connection with obtaining any Federal contract, grant or 37 any other award covered by the Byrd Anti-Lobbying Amendment (31 U.S.C. 38 1352). Each tier shall also disclose any lobbying with non-Federal funds that 39 takes place in connection with obtaining any Federal award. Such disclosures 1 are forwarded from tier to tier up to the recipient. 2 20.3 All contractors must complete the “AFFIDAVIT CONCERNING EMPLOYMENT 3 OF UNAUTHORIZED ALIENS”, “NON-COLLUSION AFFIDAVIT”, the 4 “CERTIFICATION REGARDING DEBARMENT, SUSPENSION, & OTHER 5 RESPONSIBILITY MATTERS”, and “CERTIFICATE OF NON-SEGREGATED 6 FACILITIES” as provided in the “Bid Packet Insertions.” 7 B-19-MC-18-0010 2019-CDBG-__-___ ACKNOWLEDGMENT IN WITNESS WHEREOF, the Parties have executed this contract as of the date first written above. MUNICIPALITY SUBRECIPIENT Name: Gretchen Cheesman Name: Title: Director Title: Departmen t: Community Development Organizatio n: Signature: Signature: Date: Date: CONTRACTOR BOARD OF PUBLIC WORKS AND SAFETY Name: Name: Title: Title: President Company: Signature: Signature: Date: Date: 21 SCOPE OF WORK SUBRECIPIENT CONTACT INFORMATION: CONTROL OF WORK 1. All work performed and materials furnished shall be in conformance with the MUNCIE MUNCIPIAL BUILDING CODES (CHAPTER 152). 2. COOPERATION WITH SUBRECIPIENT: The Contractor shall notify the subrecipient contact prior to work notifying of when work will begin. 3. No additional allowance or compensation of’ any kind will be made on this contract for any delay, inconvenience or suspension of, construction caused by the work or relocation and/or reconstructing the existing facilities either at a temporary location or at their permanent location by any utility companies involved, except as otherwise provided for herein. 4. INCREASED OR. DECREASED QUANTITIES OF WORK: The right is reserved for the Project Supervisor to make such alterations in the plans, or in the character or quantity of the work, as may, be necessary or desirable from time to time during the progress of the work. In this specification a major contract item shall be construed to be any item in the proposal constituting more than 5 percent of the amount of’ the contract, and a minor contract item shall be construed to be any item in the proposal constituting 5 percent or less of the amount of the contract. 5. No single major contract item shall be changed more than 10 percent from, the, original contract quantity without a negotiated unit price having been agreed upon for the item involved. Any minor item may be decreased by any amount, or may be increased not to exceed 5 percent of the ‘total amount of the contract without a negotiated unit price having been agreed upon for the item involved. 6. Such alterations shall not be considered a waiver of any conditions of the contract or invalidate any of the provisions thereof. Should any alterations in the plans, as described above, result in an increase or decrease in the quantities of work to be performed, the Contractor shall accept payment in full at the contract 22 unit prices for the actual quantities of work done except that, should any such alteration directly cause the loss of any work or material already furnished by the Contractor under the terms of the original contract, he shall be reimbursed for the actual cost of such work or of salvaging such materials. Any such materials may, at the option of the Owner be purchased at its actual cost to the Contractor. 7. Should any increase or decrease in any contract item be greater than provided above, the contract unit price shall be negotiated prior to performance of the work involving such item. The negotiation shall be based on the portion of any major item over or under 10 percent of the contract quantity of such item, and on that portion of any minor item exceeding 5 percent of the total amount of the contract. In the event the parties cannot agree upon a negotiated unit price, the Owner may require the Contractor to do such work on a “Force Account” basis. "General Decision Number: IN20230002 06/09/2023 Superseded General Decision Number: IN20220002 State: Indiana Construction Type: Building Counties: Adams, Allen, Bartholomew, Benton, Blackford, Boone, Carroll, Cass, Clinton, DeKalb, Delaware, Fountain, Fulton, Grant, Hamilton, Hancock, Hendricks, Howard, Huntington, Jay, Johnson, Madison, Marion, Miami, Monroe, Montgomery, Morgan, Noble, Shelby, Steuben, Tippecanoe, Tipton, Wabash, Warren, Wells, White and Whitley Counties in Indiana. BUILDING CONSTRUCTION(does not include single family homes and apartments up to and including 4 stories) Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). ______________________________________________________________ |If the contract is entered |. Executive Order 14026 | |into on or after January 30, | generally applies to the | |2022, or the contract is | contract. | |renewed or extended (e.g., an |. The contractor must pay | |option is exercised) on or | all covered workers at | |after January 30, 2022: | least $16.20 per hour (or | | | the applicable wage rate | | | listed on this wage | | | determination, if it is | | | higher) for all hours | | | spent performing on the | | | contract in 2023. | |______________________________|_____________________________| |If the contract was awarded on|. Executive Order 13658 | |or between January 1, 2015 and| generally applies to the | |January 29, 2022, and the | contract. | |contract is not renewed or |. The contractor must pay all| |extended on or after January | covered workers at least | |30, 2022: | $12.15 per hour (or the | | | applicable wage rate listed| | | on this wage determination,| | | if it is higher) for all | | | hours spent performing on | | | that contract in 2023. | |______________________________|_____________________________| The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/06/2023 1 01/20/2023 2 02/03/2023 3 02/10/2023 4 02/24/2023 5 03/03/2023 6 03/17/2023 7 04/07/2023 8 05/26/2023 9 06/02/2023 10 06/09/2023 ASBE0018-004 06/01/2022 BARTHOLOMEW, BENTON, BOONE, CARROLL, CLINTON, DELAWARE, FOUNTAIN, HAMILTON, HANCOCK, HENDRICKS, HOWARD, JOHNSON, MADISON, MARION, MONROE, MONTGOMERY, MORGAN, SHELBY, TIPPECANOE, TIPTON, AND WARREN COUNTIES: Rates Fringes ASBESTOS WORKER/HEAT & FROST INSULATOR (includes application of all insulating materials, protective coverings, coatings and finishings to all types of mechanical systems)..............$ 34.90 21.58 HAZARDOUS MATERIAL HANDLER (includes preparation, wettings, stripping, removal, scrapping, vacuuming, bagging & disposing of all insulation materials, whether they contain asbestos or not, from mechanical systems).........$ 23.00 14.40 ---------------------------------------------------------------- BRIN0019-001 06/01/2021 MUNCIE CHAPTER BLACKFORD, DELAWARE, HAMILTON, JAY, MADISON AND TIPTON COUNTIES: Rates Fringes Bricklayer, Stonemason, Pointer, Caulker & Cleaner.......$ 31.75 18.07 TERRAZZO FINISHER................$ 19.07 7.06 TERRAZZO WORKER/SETTER...........$ 29.57 10.96 Tile & Marble Finisher...........$ 19.96 7.07 Tile & Marble Setter; Mosaic Worker...........................$ 28.98 10.85 ---------------------------------------------------------------- ---------------------------------------------------------------- CARP0912-001 10/01/2022 Rates Fringes CARPENTER ZONE 2: BOONE, FOUNTAIN, HENDRICKS, MONROE, MONTGOMERY AND MORGAN COUNTIES Carpenters, Drywall........$ 30.39 21.52 Millwright.................$ 33.06 24.32 ZONE 4: BLACKFORD, DELAWARE, JAY AND MADISON COUNTIES Carpenters, Drywall........$ 30.10 21.52 Millwright.................$ 33.06 24.32 ---------------------------------------------------------------- ELEC0855-003 06/01/2022 BLACKFORD, DELAWARE, AND JAY COUNTIES Rates Fringes ELECTRICIAN......................$ 34.77 19.18 ---------------------------------------------------------------- ELEV0034-001 01/01/2023 BARTHOLOMEW, BENTON, BLACKFORD, BOONE, CARROLL, CASS, CLINTON, DELAWARE, FOUNTAIN, FULTON, GRANT, HAMILTON, HANCOCK, HENDRICKS, HOWARD,JAY, JOHNSON, MADISON, MARION, MIAMI, MONROE, MONTGOMERY, MORGAN, SHELBY, TIPPECANOE, TIPTON, WARREN and WHITE COUNTIES Rates Fringes ELEVATOR MECHANIC................$ 55.30 37.335+a+b a) PAID HOLIDAYS: New Year's Day, Memorial Day, Independence Day, Labor Day, Vetern's Day, Thanksgiving Day, the Friday after Thanksgiving, and Christmas Day. b) Employer contributes 8% of regular hourly rate to vacation pay credit for employee with more than 5 years of service; 6% for less than 5 years' service. ---------------------------------------------------------------- ENGI0103-002 04/01/2021 BLACKFORD, DELAWARE, HAMILTON, HANCOCK, JAY, JOHNSON, MADISON, MARION, and SHELBY COUNTIES Rates Fringes Power equipment operators: GROUP 1.....................$ 37.08 19.96 GROUP 2.....................$ 36.13 19.96 GROUP 3.....................$ 32.08 19.96 GROUP 4.....................$ 28.30 19.96 POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1: Air Compressor (pressurizing shafts, tunnels & drivers); Air Tugger; Auto Patrol; Back Filler; Back Hoe; Boom Cat; Boring Machine; Bull Dozer; Caisson Drilling Machine; Cherry Picker; Compactor (with dozer blade); Concrete Mixer (dual drum); Concrete plant; Concrete Pump; Crane with all attachments; Crane- Electric overhead; Derrick; Ditching Machine (18' and over); Dredge; Elevators (when hoisting material or tools); Fork Lift (machinery); Formless Paver; Generator (power for welders of compressor); Gradall; Helicopter; Helicopter Winch Operator; High Lift-Front End Loader; Hoist-Material and/or Personnel over 3 Floors; Locomotive; Mechanic on job site; Mucking Machine; Panel Board Concrete Plant; Pile Driver; Push Cat; Scoop & Tractor; Scraper-Rubber Tired; Spreader-Tractor Mounted; Straddle Carrier-Ross Type; Sub Base Finish Machine (C.M.I. or smiliar); Tower Crane; Tractor with Backhoe (over 1/2 yard); Welder (craft) GROUP 2: A Frame Truck; Batcher Plant (automatic dry batch); Bending Machine-Power Driven; Bituminous Mixer; Bituminous Paver; Bituminous Plant Engineer; Boatman; Bull Float; Compactor or Tamper-Self Propelled; Concrete Mixer (21 cu. ft. or over); Concrete Spreader-Power Driven; Dinkey Engine; Ditching Machine; Ditching Machine (less than 18""); Drilling Machine; Finish Machine & Bull Float; Finishing Machine; Fireman-Pile Driving and Boilers; Fork Lift-Masonry & Material; Gunite Machine; Head Greaser; Hoist-Material and/or personnel 3 floors and under; Mechanic in shop; Mesh Depresser-Mesh Placer; P.C.C. Concrete Belt Placer; Ruller-Asphalt, stone & sub base; Sheepsfoot Roller- Self Propelled; Shop Mule; Spreader or Base Paver-Self Propelled; Sub Grader; Throttle valve with air compressor or boiler; Tractor with Backhoe (1/2 yard & under); Tractor-high lift-farm type; Tractor-Industrial Type; Tractor with Winch; Well Points; Winch Trick GROUP 3: Air Compressor (210 cu. ft. & over); bituminous Distributor; Chair Cart; Concrete Curing Machine; Concrete Saw; Dope Pot Power Agitated; Flex Plane; Form Grader; Hydrohammer; Jacks-Hydraulic-Power Driven; Minor Equipment opr. 3,4, or 5; Paving Joint Machine; Post Hole Digger; Roller-Earth; Throttle Valve; Track Jack-Power Driven; Tractor-Farm Type; Truck Crane Driver GROUP 4: Air Compressor (less than 210 cu. ft.); Concrete Mixer (under 21cu. ft.); Conveyor; Generator; Mechanical Heater; Oiler; Operator-2 pieces of miner equipment; Power Broom; Pump; Welding Machine ---------------------------------------------------------------- ---------------------------------------------------------------- IRON0022-004 06/01/2022 BARTHOLOMEW; BENTON, BOONE; CARROLL; CASS; CLINTON; DELAWARE (S 2/3); FOUNTAIN; FULTON (SW 1/4 OF COUNTY); GRANT (SW PORTION); HAMILTON; HANCOCK; HENDRICKS; HOWARD; JOHNSON; MADISON; MARION; MIAMI; MONROE; MONTGOMERY; MORGAN; SHELBY; TIPPECANOE; TIPTON; WARREN AND WHITE COUNTIES Rates Fringes IRONWORKER.......................$ 34.24 25.11 The following holidays shall be observed: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the day after Thanksgiving and Christmas Day. Any holiday which occurs on a Sunday shall be observed the following Monday, unless the legal observance of these holidays is changed by law. ---------------------------------------------------------------- IRON0147-004 06/01/2022 ADAMS, ALLEN, BLACKFORD, DEKALB, DELAWARE (NORTHEAST THIRD OF COUNTY), FULTON (EASTERN PART), GRANT (EXCLUDING SOUTHWEST PORTION), HUNTINGTON, JAY, MIAMI (NORTHEAST HALF), NOBLE (EXCLUDING NORTHEAST TIP), STEUBEN, WABASH, WELLS, and WHITLEY COUNTIES Rates Fringes IRONWORKER.......................$ 31.20 25.12 ---------------------------------------------------------------- IRON0292-006 06/01/2022 FULTON (Remainder of County) and NOBLE (Northeastern Tip) COUNTIES Rates Fringes IRONWORKER.......................$ 33.62 24.25 ---------------------------------------------------------------- LABO1112-001 06/01/2023 BLACKFORD, DELAWARE, GRANT, HAMILTON, HANCOCK, HENRY, JAY, & MADISON COUNTIES Rates Fringes Laborers: GROUP 1.....................$ 25.66 17.50 GROUP 2.....................$ 26.41 17.50 GROUP 3.....................$ 27.16 17.50 LABORER CLASSIFICATIONS GROUP 1: Building and construction laborers, scaffold builders (other than for masons of plasterers), mechanic tenders, window washers and cleaners, railroad workers, masonry wall washers, portable water pumps with discharge up to 3 inches, signal & flag person, Waterproofing, hauling of creosote lumber or like treated material (excluding railroad material), asphlat rakers and lutemen, kettlemen, air tool operator, pneumatic tool operator, air & electric vibrators and chipping hammer operator, earth compactors, jackman & sheetmen in ditches more than 6 feet deep, laborers in ditches 6' deep or deeper, assembly of unicrete pump, tile layers (sewer or field), sewer pipe layers, motor- driven wheelbarrows and concrete buggies, hyster operator, pumpcrete assemblers, core drill operator, cement, lime or silica clay handlers, handling of toxic materials damaging to clothing, pneumatic spikers, deck engine & winch operator, water main & cable ducking, screed man or screw operator on asphalt paver, chain saw & demolition saw operator, concrete conveyor assembler GROUP 2: Plaster tenders; mortar mixers; welders (acetylene or electric); cutting torch or burner; cement nozzle laborers; cement gun operators; scaffold builders for plasterers; scaffold builders for masons; water blast machine operator; Air tool Operators and all Pnuematic Tool Operators, Air and Electric Vibrators and Chipping Hammer Operators; Asbestos removal; Hazardous waste removal; All Boiler Setters Laborers, including expediters, bottom men and bell men. GROUP 3: Mason Tenders and Dynamite men-drillers-air track or wagon drilling for explosives ---------------------------------------------------------------- PAIN0669-001 05/01/2022 BLACKFORD, DELAWARE, FAYETTE, FRANKLIN, HENRY, HOWARD, JAY, MADISON, MIAMI, RANDOLPH, RUSH, TIPTON, UNION and WAYNE COUNTIES Rates Fringes Painters: Brush; Roller; Paperhanging; Drywall Finishers...................$ 22.70 15.29 Spray/Waterblasting; Sandblasting................$ 23.70 15.29 ---------------------------------------------------------------- PAIN1165-010 07/01/2021 FULTON COUNTY Rates Fringes GLAZIER..........................$ 29.81 18.48 ---------------------------------------------------------------- PAIN1165-016 01/01/2022 BARTHOLOMEW, BENTON, BOONE, CARROLL, CASS, CLINTON, DELAWARE, FOUNTAIN, HAMILTON, HANCOCK, HENDRICKS, HOWARD, JOHNSON, MADISON, MARION, MIAMI, MONROE, MONTGOMERY, MORGAN, SHELBY, TIPPECANOE, TIPTON, WARREN, and WHITE COUNTIES Rates Fringes GLAZIER..........................$ 30.88 18.70 ---------------------------------------------------------------- PLAS0692-009 04/01/2020 AREA #83 BLACKFORD, DELAWARE, GRANT, HAMILTON (Northern Part), HANCOCK (Northern Part), JAY, MADISON, TIPTON, and WABASH COUNTIES Rates Fringes CEMENT MASON/CONCRETE FINISHER...$ 26.00 15.54 PLASTERER........................$ 25.49 11.95 SHEE0020-004 07/01/2022 BARTHOLOMEW, BOONE, DELAWARE, HAMILTON, HANCOCK, HENDRICKS, JOHNSON, MADISON, MARION, MONROE, MORGAN, SHELBY AND TIPTON COUNTIES Rates Fringes Sheet metal worker (Including HVAC Duct Work)..................$ 38.83 23.84 ---------------------------------------------------------------- SHEE0020-016 07/01/2022 FULTON COUNTY Rates Fringes SHEET METAL WORKER...............$ 36.71 27.78 ---------------------------------------------------------------- TEAM0135-001 06/01/2022 BARTHOLOMEW, BENTON, BLACKFORD, CARROLL, CASS, CLINTON, DELAWARE, FOUNTAIN, GRANT, HOWARD, JAY, MADISON, MARION, MIAMI, MONROE, MONTGOMERY, TIPPECANOE, TIPTON, WABASH, WARREN, & WHITE COUNTIES Rates Fringes TRUCK DRIVER GROUP 1.....................$ 34.24 31.14 GROUP 2.....................$ 34.44 31.14 GROUP 3.....................$ 34.64 31.14 GROUP 4.....................$ 34.84 31.14 GROUP 5.....................$ 33.57 31.14 A: $36.40 PER DAY & 450.00 PER WEEK. TRUCK DRIVER CLASSIFICATIONS GROUP 1: Single Axle Trucks, seven (7) cu. yds. or less than ten and one-half (10 1/2) tons, dupsters, scoop-mobiles five (5) cu.yds. and under or less than seven and one-half (7 1/2) tons, mixer trucks three (3) cu.yds. and under, air compressors and welding machines, including those pulled by separate units, batch trucks-wet or dry- 2""34-E"" batches or less, truck driver helpers, warehousemen, mechanic's helpers, greasers and tiremen, all pick-up trucks and other vehicles. Drivers on dumpsters or similar dumpsters, mounted on four (4) wheel truck rated two (2) cu.yds. or less, and small pallet type fork-lift operator and drivers on pallet jacks or similar type equipment. GROUP 2: Drivers on tandem axle eighteen (18) cu.yds. or twenty- four (24) tons gross, six (6) wheel trucks, Koehring or similar dumpsters, tract trucks, Euclids, hug bottom dumps, tournapulls, trounatrailers, tournarockers, or similar equipment when used for transportation purposes under nine (9) cu.yds. or less than thirteen and one-half (13 1/2) tons, tandems and semi-trailer service trucks, mixer trucks over three (3) cu.yds. and including six and one-half (6 1/2) cu.yds., fork lift, four (4) wheel A- frame trucks when used for transportation purposes, four (4) wheel winch trucks, pavement breakers, batch trucks-wet or dry- over 2 up to and including 4-""34-E"" batches two (2) men oil distributors, fork-lift under four (4) ton and vacuum trucks. GROUP 3: Koehring or similar dumpsters, tract trucks, semi- trailer water trucks, Euclids, hug bottom dumps, tournapulls, tournatrailers, tournarockers, tractor trailers, tandems, Q- frame winch trucks, hydrolift turcks or similar equipment when used for transportation purposes, mixer trucks over six and one- half (6 1/2) cu.yds, batch trucks wet or dry over 4 - ""34-E"" batches single equipment operated by employees withing this Bargaining unit. Six (6) wheel pole trailers and one (1) man oil distributors, fork-lift over four (4) ton and mobile mixers. GROUP 4: Drivers on heavy equipment over sixteen (16) cu.yds. or twenty-four (24) ton, such as Koehring or similar dumpsters, tract trucks, Euclids, hug bottom dumps, tournapulls, tournarockers or similar equipment when used for transportation purposes, pole trailers over six (6) wheels, water pulls, low-boy trailers tandem axles, quad axle or more no-weight limitation, diesel and/or heavy equipment mechanics. GROUP 5: Mechanic furnishing his own tools. ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Note: Executive Order (EO) 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 EO, 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 EO is available at https://www.dol.gov/agencies/whd/government-contracts. 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 ""UAVG"" 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 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. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION Cornerstone Center for the Arts Wheelchair Lift Quote August 16, 2023 Contractor Name______________________________________________________ Address______________________________________________________________ City State Zip__________________________________________________________ Cell Phone_______________________ E Mail________________________________ Signature______________________________________________________________ Base QUOTE $_____________________ Start Date______________________ Days needed to complete job___________ Bid Checklist: Bid Submittal Form, properly executed and completed Request for Sub-Contractor(s), if any Non-Collusion Affidavit, notarized Certificate of Non-Segregated Facilities Certification regarding debarment, suspension, and other responsibility matters Affidavit concerning employment of unauthorized aliens AFFIDAVIT CONCERNING EMPLOYMENT OF UNAUTHORIZED ALIENS I am a duly authorized officer of _____________________________________________________________. (“Contractor”) and I hereby certify that as of the date of this Affidavit, Contractor does not employ any “unauthorized aliens” as that term is defined in 8 U.S.C 1324a(h)(3). I AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FOREGOING REPRESENTATIONS ARE TRUE AND ACCURATE. By:__________________________________________________ Title:________________________________________________________ Printed Name: ______________________________________________ Date:_______________________________ NOTE: 8 U.S.C 1324a(h)(3) defines an unauthorized alien as an alien that is not at the time of employment either (a) an alien lawfully admitted for permanent residence, or (b) authorized to be so employed by this chapter or by the Attorney General. NON-COLLUSION AFFIDAVIT The undersigned bidder or agent, being duly sworn on oath, says that he has not, nor has any other member, representative, or agent of the firm, company, corporation or partnership represented by him, entered into any combination, collusion or agreement with any person relative to the price to be bid by anyone at such letting nor to prevent any person from bidding nor to induce anyone to refrain from bidding, and that this bid is made without reference to any other bid and without any agreement, understanding or combination with any other person in reference to such bidding. He further says that no person or persons, firms, or corporation has, have or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value on account of such sale. OATH AND AFFIRMATION I affirm under the penalties of perjury that the foregoing facts and information are true and correct to the best of my knowledge and belief. Dated at _______________________________________this______ day of _____________________________, 2023 Name of Organization Authorized Signature/Title State of __________________________ City/County of ___________________________________ SS: The foregoing instrument was acknowledged before me this _____day of ______________________________, 2023 by_______________________________________________. Notary Public_________________________________________________________ My Commission expires_________________________________. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, & OTHER RESPONSIBILITY MATTERS 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency. B. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, tate or Local) with commission of any of the offenses enumerated in paragraph 1.b. of this certification; and D. Have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State or Local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Company Name Company Address City, State, Zip Authorized Signature / Date CERTIFICATE OF NON-SEGREGATED FACILITIES The Company certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The Company certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit control where segregated facilities are maintained. The Company agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from contracts with the Department of Community Development. As used in this certification, the "segregated facilities" means any wait in rooms, work area, restrooms and washrooms, 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 directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. The Company agrees that (except obtained identical certification from proposed subcontractors for specific time periods) he will obtain identical certification from proposed subcontractors prior to award of subcontracts exceeding $10,000.00 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001 Company Name Company Address City, State, Zip Authorized Signature / Date

Document text

Cornerstone Center for the Arts 
Wheelchair Lift 
Bid Packet 
City of Muncie, Department of Community Development 
 
 
 
 
 

REQUEST FOR QUOTES 
for  
Wheelchair Lift 
 
The City of Muncie Community Development Department, on behalf of the Department of 
Public Works and Safety, is seeking quotes for a wheelchair lift for Cornerstone Center for the 
Arts.  
A quote packet, including federal requirements, instructions to bidders/quoters, sample 
contract and quote forms, will be available at: 
Muncie.in.gov > Departments > Community Development > Topics of Interest > Bids and RFPs > 
Cornerstone Wheelchair Lift 
A pre-quote conference held on Wednesday, August 09, 2023 at 10:00 AM at Cornerstone 
Center for the Arts, 520 E Main St., Muncie, IN. This project will be subject to the Davis Bacon 
Wage Act.  General Decision Number:  IN20230002. Winning Quoter MUST NOT be debarred 
from federal work on the SAM.gov website prior to contract being signed.   
Quotes proposals must be submitted at the Office of the City Clerk by 8:45 AM on the Quote 
opening date stated below, in a sealed, opaque envelope marked with the quoter’s name, 
address and telephone number and bearing the following caption:   
Quote for: Cornerstone Wheelchair Lift 
Quote Opening Date: Wednesday, August 16, 2023 
 
Quote responses will be opened by the Board of Public Works and Safety on Wednesday, 
August 16, 2023 at 9:00 AM.  Quote responses may be held by the Board of Works for a period 
not to exceed sixty (60) days. No quoter may withdraw his/her quote for a period of sixty days 
after the date set for opening of quotes. The Board of Works has the right to reject any and all 
quote responses. 
All communication regarding this quote, including any addenda issued, will be conducted by 
email only. Further questions may be submitted to Allen Wiseley at awiseley@muncie.in.gov.  
 
INSTRUCTIONS TO QUOTERS for PUBLIC FACILITIES CONTRACT 
 
Work to be performed shall be in accordance with instructions as provided within.  
 
ARTICLE 1.  Definitions 
Whenever the words hereinafter or pronouns used in their stead occur in these documents, 
they shall have the meaning herein given: 
“Bid” or “quote” used interchangeably throughout these documents, meaning the price which 
one will perform the work described in the bid or quote documents.  
“Quote packet” documents including, but not limited to, federal requirements, Instructions to 
Quoters, Sample Contract, and Bid Forms.  
“Quoter” the individual or entity who is submitting a response to the Notice to Quoters. Used 
in these Instructions as the individual/entity who has not been yet awarded the contract to 
perform the deconstruction or demolition project. Once awarded the contract, this 
individual/entity becomes/is referred to as the Contractor.  
“Community Development” refers to the City’s Office of Community Development or Local 
Public Agency that administers these projects on behalf of the City’s Department of Public 
Works and Safety.  
"Contract" shall include the entire component parts of the Contract as well as the plans, 
drawings, wage determinations and federal requirements referred to herein. 
"Contractor" shall mean the person, firm or corporation entering into a contract with Owner to 
complete the work herein specified, set out and shown. Used in these Instructions as the 
individual/entity who was the successful Quoter and has entered into a contract to perform the 
infrastructure project. 
"Inspector" shall be the person who is the designated representative of the Project Supervisor 
and who is in charge of the inspection of the work. 
"Owner" shall mean the municipality, person, firm or corporation as specified in the 
Advertisements for Bids, for whom the work is to be done. 
"Project Supervisor" or "Supervisor" shall be the designee or authorized agent of Community 
Development for the project. 
"Specifications" shall include the general conditions, detail specifications, diagrams, plans and 
drawings. 
"Subcontractor" shall mean a person, firm or corporation other than the Contractor supplying 
labor and materials or labor for work at the site of the project. 
 
ARTICLE 2.  Receipt and Opening of Bids 
2.1 The Office of Community Development (herein called the "Owner") will give proper 
notice of its invitation to bid for the performance of labor and provision of materials as 
called for in drawings and specifications. The name of the notice document is “Notice to 
Quoters.” Information as to the requirements to respond to this bid invitation is 
available in the Quote packet. 
2.2 Bid proposals shall be submitted to the City Clerk's Office, City Hall, 300 North Street, 
1st Floor, Muncie, Indiana, on or before the date and time called for in the "Notice to 
Quoters". All documents needing to be completed will be included in the Quote packet 
including the bid form. All fields on these forms must be appropriately filled-in to meet 
the completed bid response. 
2.3 Strict compliance will be complied with the requirements of these "Instructions to 
Quoters", and the instructions on the document forms.   
2.4  Bid responses will be opened by the City’s Board of Public Works and Safety at its 
weekly meeting. Bid responses may be held by the City’s Board of Public Works and 
Safety for a period of time not to exceed sixty (60) days. The City’s Board of Public 
Works and Safety reserves the right to reject any and all bid responses. 
 
ARTICLE 3.  Preparation of the Bid Proposal 
3.1 All bid responses must be submitted on the forms included in the Quote packet. The 
quoter shall fill in the lump sum base bid for the purpose of determining the best and 
lowest bid and the unit price bid amount in the event of additional work being required. 
These unit prices shall be used to determine the costs for changes in the work agreed to 
and authorized by the Owner.  
3.2 Amounts shall be written with ink or typewritten in words and figures, if required.  
Should there be any discrepancies between words and figures indicating any amount in 
proposal, amount written in words shall prevail.  Bids written in pencil will NOT be 
accepted. 
3.3 Spaces for amount of bids not bid upon shall be filled with "NO BID" so that all blanks 
are filled. REMEMBER: BID RESPONSES WITH BLANK SPACES WILL BE REJECTED. 
3.4 Each multi-page document submitted as part of the bid must be stapled. Do not submit 
any documents over one-page in length without being stapled. However, do not staple 
all of the pages of the bid response together as one. Please do NOT submit bound bids. 
The following documents shall constitute a Contractor's bid proposal and are to be 
properly executed and submitted in this order: 
 A. Bid Submittal Form, properly executed and completed 
 B. Request for Sub-Contractor(s), if any 
 C. Non-Collusion Affidavit, notarized 
 D. Certificate of Non-Segregated Facilities 
 E. Certification regarding debarment, suspension, and other responsibility matters 
 F. Affidavit concerning employment of unauthorized aliens

AI Analysis

Validation: Pre-solicitation (rfq); score 3 (confidence 100)

Contract Type

—

Estimated Value

—

Bid Bond

—

Site Visit

—

Local Req

—

License

—

Construction

—

PLC Details

—

HMI/SCADA

—

Comms

—

Subcontractor

—

Pre-selected

—