Evans Town Park Pavilion Restoration_Bid Book_09.15.2026-Stamped.pdf

BID DOCUMENTS 9/16/2026

Evans Town Park | Pavilion Restoration Fisher Project No. 206517-00

Town of Evans William Smith, Director of Planning and Community Development Town of Evans 8787 Erie Road Angola, NY 14006

September 16, 2026

Prime Consultant Fisher Associates 180 Charlotte St Rochester, NY 14607

Evans Town Park – Pavilion Restoration Bid Documents September 16, 2026 © Fisher Associates

TABLE OF CONTENTS TOC - 1

TOC – TABLE OF CONTENTS

DIVISION 00 – PROCUREMENT AND CONTRACTING REQUIREMENTS

000001 Notice to Bidders 000002 Bid Forms 000003 Procurement Forms 000004 Permits

Appendix A – Community Development Block Grant - Supplemental Bidding Requirements & Forms Appendix B – Federal Prevailing Wages

DIVISION 01 – GENERAL REQUIREMENTS

011000 Summary 012200 Unit Prices 012300 Alternates 012600 Contract Modification Procedures 012900 Payment Procedures 013100 Project Management and Coordination 013200 Construction Progress Documentation 013300 Submittal Procedures 014000 Quality Requirements 015000 Temporary Facilities and Controls 016000 Product Requirements 017300 Execution 017329 Cutting and Patching 017700 Closeout Procedures 017839 Project Record Documents

Bid Documents September 16, 2026

NOTICE TO BIDDERS 000001

Notice to Bidders

The Town of Evans is requesting sealed bids for the Evans Town Park Pavilion Restoration. Sealed bids will be received at the Town of Evans Planning & Development, at the office of the Evans Town Clerk, 8787 Erie Road, Angola, NY 14006, until 2:00 p.m. local time on October 9th, 2026, at which time the Bids received will be opened and read aloud. Label the outside of the envelope, with name and address of the bidder and designated as bid for the project titled above.

The project consists of pavilion restoration including the removal the existing pavilion structure and concrete to the extent required, construction of the new pavilion, electrical lighting and outlets, new concrete pavement, new guardrail, concrete ADA access ramp and handrails, and restoration of concrete walls and column bases.

Printed copies of the Bidding Documents may be obtained in person at Evans Town Clerk, 8787 Erie Road, Angola, NY 4006 upon receipt of nonrefundable payment of $75.00 check Payable to “Town of Evans” for each set. Contact Town Clerk, Lynn Krajacic, (lkrajacic@townofevans.org, 716-549-5755) at the Town of Evans to schedule a time to pick up the Bidding documents. Requests for mailing Bidding Documents will not be accommodated at this time. Electronic copies of the Bidding Documents may be obtained, free of charge, on the Town website https://townofevansny.gov/docs/legal-public-notices/bids-proposals/, beginning September 16th, 2026.

Pre-Bid Site Walkthrough: An optional pre-bid site walkthrough will occur Thursday, September 24th at 3:00pm

Questions: Questions on this solicitation (including Requests For additional Information) must be submitted in writing and provided to the Owner no later than October 1st at 3:00pm. Requests received thereafter will not be addressed. Any questions or comments regarding this solicitation may be directed to the contact listed below. Contact with any other person at the Town of Evans regarding this solicitation is prohibited by law.

Questions shall be directed to:

James Fruechtl, RLA, Senior Project Manager Fisher Associates jfruechtl@fisherassoc.com

Form of Bid: Bids must be submitted upon the proposal form(s) furnished in the Proposal Booklet, and must not be detached from the booklet. Addendum pages, if issued, shall be stapled to the original pages and submitted as required attached to the original bid form.

Owner’s Rights: The Town of Evans reserves the right to waive any informalities, or reject any or all bids, or to make any contract which it deems to be in the best interest of the Town of Evans or the State.

Bid Withdrawal: No bidder may withdraw his bid within thirty (30) days after actual opening thereof.

mailto:lkrajacic@townofevans.org https://townofevansny.gov/docs/legal-public-notices/bids-proposals/ https://townofevansny.gov/docs/legal-public-notices/bids-proposals/ mailto:jfruechtl@fisherassoc.com

Bid Documents September 16, 2026

Prevailing Wages: Prevailing wage provisions will apply.

Project Duration:

Bidders shall propose the anticipated Final Construction Completion Date. Contract duration is to Final Completion Date. The Contractor shall undertake project efforts and required correspondence in earnest and with diligence to meet the schedule and maintain progress despite adverse seasonal weather conditions.

Qualifications:

The contract will be awarded to the lowest responsible bidder that meets the minimum qualifications.

The low bidder shall demonstrate its responsibility to perform and complete all required work by submitting a statement of its experience and of any subcontractors which the low bidder intends to use to perform the work. The low bidder shall include his plan or program for providing sufficient labor and equipment to perform the project as detailed by the project documents, within the allotted time frame and sequencing for the project. Low bidder is encouraged to employ local labor.

The low bidder must demonstrate a minimum of five (5) years of experience and the completion of five (5) projects of similar scope and value. The work history shall also demonstrate project experience under accelerated work schedules, completion of work under critical deadlines and projects where site work was performed in adverse winter weather conditions. Additional qualification requirements and certifications as required by the individual technical specifications must be met by either the Prime Contractor or a qualified Subcontractor.

The prime Contractor shall obtain bid and performance bonds directly from a surety company or a domestic carrier licensed to do business in the State of New York in the amount of not less than five percent (5%) of the amount of the bid submitted. The Prime Contractor and/or subcontractor(s) must demonstrate the experience level for the various work elements included in the bid documents.

Town of Evans may require the low bidder to further demonstrate its responsibility to perform and complete the work by submitting additional information regarding the low bidder’s experience, obtaining labor/work force and financial resources. The prime Contractor shall demonstrate that they have the financial resources to perform the work. If requested by Town of Evans, additional information must be submitted by the low bidder within seven (7) calendar days of the request. All information pertaining to the bidder’s financial resources shall be submitted by a Certified Public Accountant.

Other:

Contractor’s performing project work must be duly licensed in the State of New York and by other entities governing the work. Contractor’s bid is to also include an acknowledgement that the Contractor (and their subcontractors and suppliers), are licensed by governing agencies of jurisdiction as required to complete the work and possess the requisite capabilities required by the Contract Documents including specific qualifications identified therein.

Bid Documents September 16, 2026

Contractor is responsible to ascertain, obtain and pay all costs for any additional licensing and permits needed to perform the work.

All respondents to this procurement will be required to comply with Town of Evans insurance requirements.

Community Development Block Grant Language:

This contract will be funded wholly or partially with federal funds, and as such, is subject to all federal rules and regulations pertinent thereto, including, but not limited to, federal policy of encouraging the participation of minority and women business enterprises as sources of suppliers, equipment, construction and services.

EEO Language:

The Town of Evans has been and will continue to be an equal opportunity organization. All qualified Minority and Women-Owned Business Enterprise

(MWBE) suppliers, contractors and/or businesses will be afforded equal opportunity without discrimination because of race, religion, national origin, sex, age, disability, sexual preference or Vietnam Era Veterans status.

Town of Evans reserves the right to:

Amend, modify or withdraw this solicitation;

Revise any requirement of this solicitation;

Require supplemental statements or information from any responsible party;

Accept or reject any or all responses hereto;

Extend the deadline for submission of responses hereto;

Negotiate or hold discussions with any firm and to correct deficient responses which do not conform to the instructions contained herein;

Cancel, or reissue in whole or in part, this solicitation, if Town of Evans determines in its sole discretion that it is its best interest to do so; and

Extend the term of any agreement on terms consistent with this procurement.

Other requirements applicable to the contract(s) are described in detail in the bid specifications.

Owner: Town of Evans By: Ray Ashton Title: Town Supervisor Date: 9/16/2026

Bid Documents September 16, 2026

BIDDER:

BID FORM 000002

BID FORM

Bid to: Town of Evans

8787 Erie Road, Angola, NY 14006

Bid for: Evans Town Park | Pavilion Restoration

Bid From: Name:

Address:

Phone:

Email:

PROPOSAL

We have examined and fully understand the requirements and intent of the Bidding and Contract Documents and all subsequent addenda as listed below, and propose to provide all materials, and all plants, labor, supplies, equipment, transportation and other facilities necessary or proper for, or incidental to the Work, to complete all Work in strict accord with the contract documents and as assigned in the Special Conditions for the Total Lump Sum Base Bid calculated below:

Total Lump Sum Base Bid Contract $

Total Lump Sum Base Bid in Words:

ADDENDA

Addenda Received:

Addendum Number Date

South Creek Park – Pool House Bid Documents August 26, 2026

UNIT PRICES

Unit Price No. 1: Pavilion Restoration $ /LS

Unit Price No. 2: Electrical Lighting & Outlets $ /LS

Unit Price No. 3: Concrete & Site Work $ /LS

ALTERNATES

Alternate No. 1: Concrete Ramp & Handrails $ /LS

Alternate No. 2: Guardrail with Cable Infill $ /LS

Alternate No. 3: Standing Seam Metal Roof $ /LS

Bid Documents September 16, 2026

ADDITIONAL MANDATORY BID FORMS

We have enclosed with this proposal, the following mandatory Bid Forms, fully executed:

1. Contractor Qualifications Statement

2. Substitution Sheet

We have used no substitutions except as listed in the Substitution Sheet. We affirm that we (and our subcontractors and suppliers) are licensed by governing agencies of jurisdiction to complete the work and possess the requisite capabilities required by the Contract Documents including specific qualifications identified therein, SIGNATURE:

Firm:

By:

(Signature)

Title:

Date:

Bid Documents August 26, 2026

ATTACHMENT # 1: CONTRACTOR QUALIFICATIONS STATEMENT

Instructions: Please include all requested information. For a Bid to be declared responsive, the contractor must complete all sections of the Contractor Qualifications Statement; all sections of this Contractor Qualifications Statement are mandatory. The content of the Contractor Qualifications Statement submittal shall follow the order presented below and shall include identical headings and questions as presented below. The signatory of this questionnaire guarantees the truth and accuracy of all statements and of all answers to interrogatories hereinafter made. All responses, except signatures, must be typed.

Note the term “you” or “your” and “your firm” indicates the Individual, Corporation, Partnership, Joint Venture (JV) or other entity responding herein.

SECTION 1: GENERAL RESPONDENT INFORMATION

Name of Contractor:

Address of Principal Office:

Is the responding firm an Individual, Corporation, Partnership, Joint Venture (JV) or Other? If “Other”, please specify.

Contact Information Principal/Owner:

Name:

Address:

Telephone (1):

Telephone (2):

Email:

Contact Information for Project Manager/Superintendent who will be directly managing the project:

Name:

Address:

Telephone (1):

Telephone (2):

Bid Documents September 16, 2026

Contact Information for individual responsible for preparation of the Bid:

Name:

Address:

Telephone (1):

Telephone (2):

Bid Documents August 26, 2026

SECTION 2: EXPERIENCE AND BACKGROUND OF THE ORGANIZATION

If your organization is a partnership, list names and address of partners; if a Corporation, list name of officers, directors and State or Province of Incorporation.

How many years has your organization been in business as a Contractor under your present business name?

Do you presently have any outstanding subcontractor/supplier liens filed against you? Yes/ No

If yes, explain:

Maximum Bonding Capacity:

Name and Address of Surety:

How many years has your organization had in construction work similar to the work specified as a:

General Contractor? Subcontractor?

Bid Documents September 16, 2026

List several projects your organization has completed during the last five (5) years that are similar to the specified work. Project experience should relate to accelerated work schedules, completion of projects under critical deadlines and projects where site work was performed in adverse winter weather conditions. The work listed shall have been completed under the supervision of the individuals included in Section 1 of this questionnaire (Individuals directly responsible for work under this project): Add additional sheets if necessary:

Client

Principal Contact Telephone

Location of Work

Your organization’s role in this work

Type of Project and Brief Description

Contract Date Final Acceptance Date

Value of Work Performed $

Client

Principal Contact Telephone

Location of Work

Bid Documents August 26, 2026

Bid Documents September 16, 2026

Client

Principal Contact Telephone

Location of Work

Client

Principal Contact Telephone

Location of Work

Bid Documents August 26, 2026

Will your organization complete at least 50% of the work with in-house staff and/or labor forces?

Yes / No

Do you intend to use sub-contractors any portions of the work? Yes / No

If so which portions?

SECTION 3: SAFETY RECORD OF THE ORGANIZATION

Has your organization been cited for any safety violations within the last 5 years? Yes / No

If yes, list the year, citing agency citing, and brief description of each violation:

Bid Documents September 16, 2026

ATTACHMENT #2: SUBSTITUTIONS

The following materials, products or equipment are proposed as substitutions for specified items indicated. Required backup data will be submitted within 3 working days of receipt of request for same. We agree to abide by the architect's decision as to acceptability of the proposed substitutions.

1. Specification Section No.:

Section Article or Paragraph No.:

Specified Item:

Proposed Substitution:

2. Specification Section No.:

Section Article or Paragraph No.:

Specified Item:

Proposed Substitution:

3. Specification Section No.:

Section Article or Paragraph No.:

Specified Item:

Proposed Substitution:

4. Specification Section No.:

Section Article or Paragraph No.:

Specified Item:

Proposed Substitution:

5. Specification Section No.:

Section Article or Paragraph No.:

Specified Item:

Proposed Substitution:

Bid Documents August 26, 2026

ADD SHEETS AS NECESSARY

Bid Documents September 16, 2026

PROCUREMENT FORM 000003

Sexual Harassment Prevention Certification Form

By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that the bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of section two hundred one-g of the labor law.

Company Name:

Signature:

Print Name and Title:

Date: _____________________________

If the above certification cannot be made, the bidder must submit a signed statement below detailing the reasons why the certification cannot be made.

Company Name:

Signature:

Print Name and Title:

Date: _____________________________

Bid Documents September 16, 2026

PROCUREMENT FORM 000003

NON-COLLUSIVE BIDDING CERTIFICATE

ALL BIDDERS MUST RETURN THIS CERTIFICATION WITH THEIR BID

The bidder hereby agrees to the provisions of Section 103-a and 103-b of the General Municipal Law regarding the consequences of his/her refusal to sign a Waiver of Immunity or to answer any relevant questions when called before a Grand Jury to testify.

By submission of this bid, the person signing on behalf of the bidder certifies, and in the case of a joint bid, each party certifies as to its organization, under penalty of perjury, that to the best of his/her knowledge and belief:

1) That the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purposes of restricting competition, as to any manner relating to such prices with any other bidder or competitor.

2) Unless otherwise required by law, the prices quoted in this bid have not been knowingly disclosed by the bidder and will not be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor.

3) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition.

Company Name _________________________________________________

Address ________________________________________________

Website _________________________________________________

Email Address _________________________________________________

Submitted By _________________________________________________ (Print name) (Signature)

Phone Number ______________________ FAX Number _____________ Date: ______________________ Fed ID# ______________ (Please Attach W-9)

This proposal is signed by the bidder with full knowledge and acceptance of all the provisions of the general specifications, the proposal and the group specification.

Bid Documents September 16, 2026

PERMITS 000004

The following permits will be enforced for the life of this contract:

A copy of the Town of Evans Building Permit will be provided A copy of the CEHA permit will be provided

Bid Documents September 16, 2026

APPENDIX A

COMMUNITY BLOCK DEVELOPMENT GRANT CONTRACT BID DOCUMENTS

Supplemental Bidding Requirements

CONTRACT BID DOCUMENTS

A-1 Federal Requirements

A-2 Federal Labor Standards Provisions

A-3 Equal Employment Opportunity Certification and

Excerpt from HUD Regulations

A-4 Bidder’s Notice

A-5 Section 3 Certification

A-6 The Section 3 Clause

A-7 Standard Federal Equal Employment Opportunity Construction Contract Specifications

A-8 Minority/Women-Owned Business Enterprise Participation

A-9 Minority/Women-Owned Business Enterprise Certification

03/31/2026

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A-1 Federal Requirements

ERIE COUNTY COMMUNITY DEVELOPMENT

BLOCK GRANT PROGRAM

CONTRACTORS: PAGES 9, 14, AND 24 MUST BE SIGNED

The Contractor will comply with all of the following requirements:

I. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), which provides that no person in the United States shall on the ground of race, color or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

II. Section 109 of the Housing and Community Development Act of 1974 (the Act), as amended, which requires that no person in the United States shall on the grounds of race, color, national origin or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with community development funds made available pursuant to the Act. Section 109 of the Act further provides that any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) or with respect to an otherwise handicapped person as provided in Section 504 of the Rehabilitation Act of 1973 (29 U.S.C.) with funds made available pursuant to the Act. The Contractor shall also cause compliance with Section 109 of the Act by all contractors and subcontractors providing labor or services to the Project.

III. Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701U), which requires that to the greatest extent feasible opportunities for training and employment be given to low- and moderate-income persons residing in the area in which the Project is located, and that contracts for work in the Project is located, and that contracts for work in connection with the Project be awarded to eligible business concerns which are located in, or owned in substantial part by persons residing in the area in which the Project is located, and that contracts for work in connection with the Project be awarded to eligible business concerns which are located in, or owned in substantial part by persons residing in the same area as the Project.

Regulations of the Department of Housing and Urban Development (HUD) at 24 CFR Part 135 should be referred to as guidance indicative of the Secretary of Housing and Urban Development’s view of the statutory objectives in other contexts.

IV. Federal regulations at 24 CFR 570.609, which state that federal assistance shall not be used directly or indirectly to employ, award contracts to, or otherwise engage the services of, or fund any contractor or sub-recipient during any period of debarment, suspension or placement in ineligibility status under the provisions of 24 CFR Part 24. If clearance is not obtained for the contractor from the Department of Housing and Urban Development, this Agreement shall be null and void.

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V. The Housing and Community Development Act of 1974, as amended, and the implementing regulations at 24 CFR Part 570.

VI. Section 110 of the Housing and Community Development Act of 1974, as amended requires that all laborers and mechanics employed by contractors or subcontractors on construction work financed in whole or in part with assistance received under the Act shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S. C. 276a to a5) as supplemented by Department of Labor regulations at 29 CFR Part 5 also apply.

VII. The Copeland “Anti-Kickback” Act (18 U.S.C. 874) as supplemented in Department of Labor regulations at 29 CFR Part 3.

VIII. Executive Order 11246, as amended by Executive Order 12086 and Executive Order 11375, and the regulations issued pursuant thereto (41 CFR Chapter 60) which provide that no person shall be discriminated against on the basis of race, color, religion, sex, or national origin in all phases of employment during the performance of Federal or federally assisted construction contracts. As specified in Executive Order 11246 and the implementing regulations, contractors and subcontractors on Federal or federally assisted construction contracts shall take affirmative action to ensure fair treatment in employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay, or other forms of compliance will include causing all contractors and subcontractors providing labor or services for the Project to comply with the provisions of Executive order 11246, as amended by Executive Order 12086 and Executive Order 11375.

IX. Requests from the Department of Housing and Urban Development, the Comptroller General

(or any authorized representatives) and the County of Erie for access to and the right to examine all records, books, papers, documents, properties, books of account and financial records, and other pertinent business records as they pertain to the use of Community Development Block Grant funds on this project. The Contractor agrees to cooperate fully with the County of Erie in supplying information that may be necessary to meet Community Development Block Grant program audit requirements.

X. The Contractor will retain all records relating to this project for three years after final payments are made on this project and all other pending matters relating to this project are closed.

XI. Termination for Cause. It is expressly understood and agreed that the Municipality may terminate this Agreement for cause at any time by giving the Contractor thirty (30) days written notice. Such notice shall be made either personally or sent by certified mail, return receipt requested, to the office of the Contractor. The phrase “for cause” shall mean a serious violation or breach of the terms of this Agreement by the Contractor that cannot be resolved.

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XII. Termination for Convenience. It is expressly understood and agreed that the Municipality may terminate this Agreement for convenience at any time by giving the Contractor ninety

(90) days written notice. Such written notice shall be made either personally or sent by certified mail, return receipt requested, to the office of the Contractor. It is expressly understood and agreed that the Contractor may terminate this Agreement only if the Municipality substantially fails to fulfill its obligations under the notice. Such written notice shall be made either personally or sent certified mail, return receipt requested, to the Municipality.

Contract Bid Documents – Appendix A.doc

Previous editions are obsolete Page 1 of 5 ref. Handbook 1344.1

Federal Labor Standards Provisions U.S. Department of Housing and Urban Development

Office of Labor Relations

Applicability

The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance.

A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona f ide f ringe benefits (or cash equivalents thereof) due at t ime of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona f ide f ringe benefits under Section l (b)( 2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR

5. 5(a)(1 )(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.

Such laborers and mechanics shall be paid the appropriate wage rate and f ringe benefits on the wage determination for the classif ication of work actually performed, without regard to skil l, except as provided in 29 CFR 5. 5( a)( 4). Laborers or mechanics performing work in more than one classif ication may be compensated at the rate specified for each classif ication for the t ime actually worked therein: Provided, That the employer’ s payroll records accurately set forth the t ime spent in each classif ication in which work is performed.

The wage determination (including any additional classif ication and wage rates conformed under 29 CFR 5. 5 (a)(1 )(ii) and the Davis-Bacon poster (WH- 1321 ) shall be posted at all t imes by the contractor and i ts subcontractors at the site of the work in a prominent and accessible, place where i t can be easily seen by the workers.

(ii) (a) Any class of laborers or mechanics which is not l isted in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classif ication and wage rate and f ringe benefits therefor only when the following criteria have been met:

(1) The work to be performed by the classif icat ion requested is not performed by a classification in the wage determination;

and

(2) The classif ication is util ized in the area by the construction industry; and

(3) The proposed wage rate, including any bona f ide f ringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

(b) I f the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or i ts designee agree on the classif ication and wage rate (including the amount designated for f ringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee to the Administrator of the W age and Hour Division, Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.)

(c) In the event the contractor, the laborers or mechanics to be employed in the classif ication or their representatives, and HUD or i ts designee do not agree on the proposed classif ication and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0140.)

(d) The wage rate (including f ringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract f rom the f i rst day on which work is performed in the classif icat ion.

(iii) W henever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a f ringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona f ide f r inge benefit or an hourly cash equivalent thereof.

(iv) I f the contractor does not make payments to a t rustee or other third person, the contractor may consider as part form HUD-4010 (06/2009)

Previous editions are obsolete form HUD-4010 (06/2009) ref. Handbook 1344.1 Page 2 of 5 of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona f ide f ringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215- 0140.)

2. Withholding. HUD or i ts designee shall upon i ts own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld f rom the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevail ing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, t rainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, t rainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or i ts designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or i ts designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts.

3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona f ide f ringe benefits or cash equivalents thereof of the types described in Section l(b)(2 )(B) of the Davis-bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. W henever the Secretary of Labor has found under 29 CFR 5. 5 ( a)(1 )(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section l (b)(2 )(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is f inancially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or t rainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certi f ication of t rainee programs, the registration of the apprentices and t rainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215 -0140 and 1215- 0017.)

(ii) ( a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or i ts designee i f the agency is a party to the contract, but i f the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for t ransmission to HUD or i ts designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5. 5( a)( 3)(i) except that full social security numbers and home addresses shall not be included on weekly t ransmittals.

Instead the payrolls shall only need to include an individually identifying number for each employee (e. g., the last four digits of the employee’ s social security number). The required weekly payroll information may be submitted in any form desired.

Optional Form W H-347 is available for this purpose f rom the W age and Hour Division W eb site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or i ts successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.

Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or i ts designee i f the agency is a party to the contract, but i f the agency is not such a party, the contractor will submit the payrolls to the appl icant sponsor, or owner, as the case may be, for t ransmission to HUD or i ts designee, the contractor, or the W age and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevail ing wage requirements. I t is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for i ts own records, without weekly submission to HUD or i ts designee. (Approved by the Office of Management and Budget under OMB Control Number 1215 -0149.)

(b) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the fol lowing:

(1) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5. 5 (a)(3)(i i), the appropriate information is being maintained under 29 CFR

5. 5( a)(3)(i), and that such information is correct and complete;

ref. Handbook 1344.1 Page 3 of 5

(2) That each laborer or mechanic (including each helper, apprentice, and t rainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly f rom the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3;

(3) That each laborer or mechanic has been paid not less than the applicable wage rates and f ringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.

(c) The weekly submission of a properly executed certi f ication set forth on the reverse side of Optional Form WH- 347 shall satisfy the requirement for submission of the “Statement of Compliance” required by subparagraph A.

3.(i i)(b).

(d) The falsif ication of any of the above certi f ications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.

(iii) The contractor or subcontractor shall make the records required under subparagraph A. 3.(i) available for inspection, copying, or t ranscription by authorized representatives of HUD or i ts designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. I f the contractor or subcontractor fails to submit the required records or to make them available, HUD or i ts designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5. 12.

4. Apprentices and Trainees.

(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona f ide apprenticeship program registered with the U. S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or i f a person is employed in his or her f i rst 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certif ied by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency ( where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft c lassification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker l isted on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classif ication of work actually performed.

In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which i ts program is registered, the ratios and wage rates (expressed in percentages of the journeyman’ s hourly rate) specified in the contractor’ s or subcontractor’ s registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice’ s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid f ringe benefits in accordance with the provisions of the apprenticeship program. I f the apprenticeship program does not specify f ringe benefits, apprentices must be paid the full amount of f ringe benefits l isted on the wage determination for the applicable classif ication. I f the Administrator determines that a different practice prevails for the applicable apprentice classification, f ringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to util ize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(ii) Trainees. Except as provided in 29 CFR 5. 16, t rainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant ‘ , to and individually registered in a program which has received prior approval, evidenced by formal certi f ication by the U. S. Department of Labor, Employment and Training Administration. The ratio of t rainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every t rainee must be paid at not less than the rate specified in the approved program for the t rainee’ s level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination.

Trainees shall be paid f ringe benefits in accordance with the provisions of the t rainee program. I f the t rainee program does not mention f ringe benefits, t rainees shall be paid the full amount of f ringe benefits l isted on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full f ringe benefits for apprentices. Any employee l isted on the payroll at a t rainee rate who is not registered and participating in a t raining plan approved by ref. Handbook 1344.1 Page 4 of 5 the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addit ion, any t rainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a t raining program, the contractor will no longer be permitted to util ize t rainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(iii) Equal employment opportunity. The util ization of apprentices, t rainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.

5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part

3 which are incorporated by reference in this contract

6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or i ts designee may by appropriate instructions require, and a copy of the applicable prevail ing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower t ier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower t ier subcontractor with all the contract clauses in this paragraph.

7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5. 5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.

12.

8. Compliance with Davis-Bacon and Related Act Requirements.

All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract

9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of i ts subcontractors) and HUD or i ts designee, the U. S.

Department of Labor, or the employees or their representatives.

10. (i) Certification of Eligibility. By entering into this contract the contractor certi f ies that neither i t ( nor he or she) nor any person or f i rm who has an interest in the contractor’ s f i rm is a person or f i rm ineligible to be awarded Government contracts by virtue of Section 3 (a) of the Davis- Bacon Act or 29 CFR 5. 12 (a)(1 ) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.

(ii) No part of this contract shall be subcontracted to any person or f i rm ineligible for award of a Government contract by virtue of Section 3 (a) of the Davis-Bacon Act or 29 CFR

5. 12( a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24 .

(iii) The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U. S. C. 1001. Addit ionally, U. S. Criminal Code, Section 1 01 0, Title 18, U.S.C., “Federal Housing Administration t ransactions”, provides in part: “W hoever, for the purpose of . . . influencing in any way the action of such Administration..... makes, utters or publishes any statement knowing the same to be false..... shall be f ined not more than $5, 000 or imprisoned not more than two years, or both.”

11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has f i led any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer.

B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms “laborers” and “mechanics” include watchmen and guards.

(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek.

(2) Violation; l iability for unpaid wages; l iquidated damages. In the event of any violation of the clause set forth in subparagraph (1 ) of this paragraph, the contractor and any subcontractor responsible therefor shall be l iable for the unpaid wages. In addition, such contractor and subcontractor shall be l iable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for l iquidated damages.

Such l iquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph ( 1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph ( 1) of this paragraph.

ref. Handbook 1344.1 Page 5 of 5

(3) Withholding for unpaid wages and l iquidated damages. HUD or i ts designee shall upon i ts own action or upon…