Mechanical Contractors Quote Document by rjz61441

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									        REQUEST FOR QUOTATION
American Recovery and Reinvestment Act (ARRA)
WEATHERIZATION ASSISTANCE PROGRAM
         GENERAL CONTRACTORS
       MECHANICAL CONTRACTORS



                      .
                 175 Main St.
            Battle Creek, MI 49014
                                                          Table of Contents
       I. INTRODUCTION..........................................................................................................2
           I.1 Purpose of this Request for Quotation ..................................................................2
           I.2 Background ...........................................................................................................2
                  1.2.1 Overview for Community Action WX Program...................................2
           I.3 Major Objective Request for Quotation ................................................................2
           I.4 Oversight and Management...................................................................................3
                  1.4.1 Oversight...............................................................................................3
                  1.4.2 Liaison...................................................................................................3
           I.5 Type of Agreement and Payment Schedule ..........................................................3
           I.6 Procurement Schedule Key Dates .........................................................................3
II.         COMMUNITY ACTION QUOTATIONS REQUIREMENT ..................................4
             II.1    Inquiries.................................................................................................................4
             II.2    Bidders Conference ...............................................................................................4
             II.3    Date, Time and Place to Submit Quotations .........................................................4
             II.4    Quotations Submission..........................................................................................5
             II.5    Quotations Opening...............................................................................................6
             II.6    Minimum Offeror Qualifications ..........................................................................6
             II.7    Integrity of Quotations ..........................................................................................7
             II.8    Quote Applicability ...............................................................................................7
             II.9    Licenses .................................................................................................................7
             II.10   Preferences ............................................................................................................7
             II.11   Documentation of Insurance .................................................................................7
             II.12   Economy of Presentation.......................................................................................8
             II.13   Costs for Preparation of Quotations ......................................................................8
             II.14   RFQ Modifications................................................................................................8
             II.15   Certification of Independent Price Determination ................................................8
             II.16   Quotations Evaluation and Award(s) ....................................................................9
             II.17   Miscellaneous ........................................................................................................11
             II.18   Davis Bacon ..........................................................................................................12

III.        AGENCY AGREEMENT .............................................................................................11

IV.         QUOTATIONS CONTENT AND FORMAT .............................................................11

V.          QUOTATIONS EVALUATION ..................................................................................11

             V.1 Evaluation Process ................................................................................................11

VI.         RESERVED: Davis Bacon ...........................................................................................12




                                                                                                                                           i
I.   INTRODUCTION

     I.1. PURPOSE OF THIS REQUEST FOR QUOTATION

     Community Action is soliciting quotations for weatherization, mechanical and
     roofing contractors.

     I.2. BACKGROUND


     I.2.1. Overview of Community Action’s Weatherization Program

     Community Action is a non-profit organization that operates/administers a
     weatherization program in Barry, Branch, St. Joseph and Calhoun County counties.
     The U.S. Department of Energy’s (DOE) Weatherization Assistance Program
     (Weatherization) reduces energy costs for low-income households by increasing the
     energy efficiency of their homes, while ensuring their health and safety. The
     Program prioritizes services to the elderly, people with disabilities, and families.
     The Agency’s professionally trained Weatherization inspectors use computerized
     energy audits and advanced diagnostic equipment to determine the most cost-
     effective measures appropriate for each home. Typical measures may include but is
     not limited to: installing insulation; sealing ducts; tuning and repairing heating and
     cooling systems; mitigating air infiltration; and reducing electric base load
     consumption.



     I.3. MAJOR OBJECTIVES REQUEST FOR QUOTATION


     The major objectives of the solicitation are to:

     1)   Identify vendors and/or contractors that will provide Weatherization services
          for the Agency.
     2)   To insure that all materials and/or services meet the Agency’s and the
          Department of Energy standards and requirements.
     3)   To insure that all materials and/or services are provided in the timeframe
          established by the Agency.




     I.4. OVERSIGHT AND MANAGEMENT

                                                                                          2
I.4.1. Oversight

Oversight of the Agreement will be exercised by Nancy Macfarlane, Executive
Director of Community Action who is responsible for overall management of the
Agreement.


I.4.2. Liaison

A liaison, Tamra Fisher Assistant Housing Manager, will serve as the contact point
for the vendor/contractor. The liaison will coordinate the services and serve as the
communication link between the Agency and the vendor/contractor.

I.5. TYPE OF AGREEMENT AND PAYMENT SCHEDULE

This agreement will be on a cost reimbursement or fixed price basis depending
upon the material and/or service being purchased. There will be an initial
agreement period until March 31, 2010. Payments will be made after completion
of work and/or delivery of services, post inspection, and acceptance by Community
Action and the homeowner.

I.6. PROCUREMENT SCHEDULE KEY DATES

Following are the estimated key dates in the schedule for this procurement:

 Request for Quotations Issued                         October 16, 2009
 Bidders Conference                         October 30, 2009 @ 9:00 a.m.
 Quotations due                            November 13, 2009 at 3:00 p.m.
 Quotations to be evaluated by                        November 18, 2009




Community Action reserves the right to proceed under a modified version of this
schedule.




                                                                                  3
II. COMMUNITY ACTION QUOTATIONS REQUIREMENTS

   II.1. INQUIRIES

   All inquiries concerning this Request for Quotations (RFQ) will be submitted by
   email to saraw@caascm.org no later than October 28, 2009 by 5:00 pm.

   During the procurement process, prospective Offerors shall contact only the
   individual named above.

   In no case shall oral communications take precedence over written
   communications. Only written communications shall be binding on the RFQ.

   Community Action assumes no responsibility for representations concerning
   conditions made by its Officers or Staff prior to the execution of an agreement,
   unless such representations are specifically incorporated into the RFQ by
   subsequent official written Addendum(s). Oral conversations pertaining to
   modifications or clarifications of the RFQ shall not be considered part of the RFQ
   unless confirmed in writing by official written Addendum(s).

   II.2. BIDDERS CONFERENCE

  A Bidders Conference will be held at Community Action, Doris Hale Building 110
  Green St. Battle Creek, on October 30, 2009 at 9:00 a.m. All potential Offerors will
  be strongly encouraged to attend the Bidders Conference. All instructions for the
  RFQ will be provided at the Bidders Conference. All questions will be answered at
  the Bidders Conference.

  II.3. DATE, TIME AND PLACE TO SUBMIT QUOTATIONS

   Two (2) original copies and five (5) copies labeled “Weatherization ARRA RFQ”
   shall be provided in a sealed envelope and addressed to:


    Barb Anderson
    Community Action
    175 Main St. Battle Creek, MI 49014


   Quotations shall be accepted until 3:00 p.m. EST, on November 13, 2009.
   Quotations shall be accepted in person, by courier service, or the US Mail. Faxed
   or emailed quotations shall not be considered. Quotations must be in sealed
   envelopes labeled, ARRA WX BID. You must receive a notice of receipt for the
   bid from Community Action.

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It is the sole responsibility of prospective offerors to take notice of the date and
time that quotations are due, and to ensure their submittals are received prior to the
due date and time. Late and incomplete quotations shall not be accepted.


II.4. QUOTATIONS SUBMISSION


Community Action Bidders Packet must be submitted with Quotation, which will
be provided at the Bidders Conference. The format for the quotations specified in
each of the Attached Specifications and Pricing Quotes. All information provided
in response to this RFQ is subject to verification. Misleading and/or inaccurate
information shall be grounds for disqualification at any stage in the procurement
process.
Required Documents include:

     1.   Contractors Qualification Form (Addendum A)
     2.   Business Resume
     3.   Specification and Price Quote (Addendum D)
     4.   Contractor Certification regarding Debarment and Suspension
     5.   Signature Page: Review of requirements listed in attached agreement and
          concurrence that these requirements will be met. (Addendum E)

The quotations package consisting of the signed quotations containing all required
information, shall be SEALED, clearly labeled with the following information and
delivered on or before the quotations due date/time to:


   Contact Name: Barb Anderson
   Address: 175 Main St. Battle Creek, MI 49014
   Request for Quotations: ARRA WX BID
   Quotations Due Date/Time: November 13, 2009 at 3:00 p.m.


Submission of a signed quotation(s) is acknowledgment and acceptance of all terms
and conditions of the solicitation. Community Action reserves the right to reject all
quotations.


II.5. MINIMUM OFFEROR QUALIFICATIONS

The Offeror(bidder/contractor) shall provide proof upon submittal of RFQ meeting
the minimum qualification for the Weatherization Assistance Program.


                                                                                    5
    1)      The Offeror shall have a minimum of five years experience in
            weatherization, and/or residential construction. Combined experience
            will be a plus.
    2)      Builders or Residential Maintenance/Alteration License
    3)      Liability Insurance ($300,000)
    4)      Worker’s Compensation ($500,000), if applicable
    5)      Automobile Insurance
    6)      Any and all Training Certifications
    7)      Required Equipment
    8)      Davis Bacon Wage Compliance, if applicable


Offeror and all crewmembers must be trained in Lead Safe Work Practices as
specified in Section 45-04 of the Technical Weatherization Policy Manual as well
as be trained and certified to be an EPA Renovator Proof of training must be
provided with submission of the RFQ, or within three months of approval as a
Weatherization contractor.


The Offeror, as well as any employee of the contractor, who will be performing any
work for the Agency, will be required to attend appropriate training sessions upon
the direction of the agency. All reasonable efforts are made to schedule training at
convenient times for the contractor and their employees.

II.6. INTEGRITY OF QUOTATIONS

 By signing a quotation(s), an Offeror affirms that s/he has not given any economic
 opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or
 service to a Community Action member in connection with the submitted
 quotations. Failure to sign the quotations, or signing it with a false statement, shall
 void the submitted quotations or any resulting agreements, and the Offeror shall be
 removed from all supplier/contractor lists.

II.7. QUOTE APPLICABILITY

Offeror must substantially conform to the terms, conditions, specifications and other
requirements found with the text of the Specifications and Pricing Quotes. All
previous agreements or other documents, which have been executed between the
Offeror and Community Action, are not applicable to this Request for Quotations or
any resultant agreement.




                                                                                      6
II.8. LICENSES

 Offerors shall maintain in status all Federal, state, and local licenses and permits
 required for the operation of business conducted by the Offeror. Offeror shall
 provide a current residential builders/maintenance and alteration license or a
 mechanical license with the State of Michigan Department of Consumer & Industry
 Services.

II.9. PREFERENCES

Preference will be given to each of the following:

     Minority firms;
     Women Business Enterprises

II.10. DOCUMENTATION OF INSURANCE

Prior to the implementation date of the agreement, the Offeror shall provide
Community Action with documentation evidencing insurance for a minimum of
$300,000 professional and equipment liability. The Offeror shall name Community
Action as an additional insured party to address application and equipment damage
that occurs during agreement or service operations.


II.11. ECONOMY OF PRESENTATION

Quotations must address the specific RFQ requirements. All items requested by the
RFQ shall be answered clearly and concisely. Any additional promotional materials
that are not responsive to a specific requirement shall not be included in the
quotations response package.



II.12. COSTS FOR PREPARATION OF QUOTATIONS

No payments shall be made to cover costs incurred by any Offeror in the preparation
or submission of the quotations, nor any other associated costs.




                                                                                   7
 II.13. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION

 By submission of a response to this RFQ, the Offeror certifies that in connection
 with this procurement:

 Prices in the quotations have been arrived at independently, without consultation,
 communication, or agreement, for the purpose of restricting competition, as to any
 matter relating to such prices with any competitor.

 Each person signing the quotations certifies either that:

 1. He or she is the person in the Offeror’s organization responsible for the decision
 as to any prices being offered herein, and that he or she has not participated in, and
 shall not participate in, any action contrary to the requirements of this document.

2. He or she is not the person in the Offeror’s organization responsible for the
   decision as to any prices being offered herein, but that he or she has been
   authorized to act as agent for the persons responsible for such decision.
   Furthermore, those persons have not participated in, and shall not participate in,
   any action contrary to the requirements of this document.

 Any offer made in the submitted quotations, and any clarifications to the quotations
 shall be signed by an officer of the offering firm or a designated agent empowered
 to bind the firm in an agreement.


 II.14. QUOTATIONS EVALUATION AND AWARD(S)

 All quotations submitted shall be evaluated in accordance with Community Action
 criteria.

 All contractors and crewmembers must pass an Internet Criminal History Access
 Tool (ICHAT) and a National and State Sex Offender Registry (SOR) check
 satisfactorily. An Offeror will not be assigned a contract based on a determination
 by Community Action that the results of a positive ICHAT and/or a CR response or
 reported criminal felony conviction or perpetrator identification will make the
 contractor ineligible to provide services for the Weatherization Assistance Program.

 The selection of contractors will be based on a point system that evaluates the
 contractor’s experience, capacity and pricing quotations. There will be 100 possible
 points representing the different areas as follows:




                                                                                     8
  Area of                        Qualification                      Possible
 Evaluation                                                          Points
Wage                                                                  30
                 Bid price for providing weatherization
                 hourly work.
                 *Hourly rate for 2-3 person crew for
                 weatherization work.
                 *Hourly rate for crew when traveling to
                 work site.
                 *Credit Rating

Previous         Previous Reporting and meeting DBA                    10
Experience       requirements
                 Previous work history providing quality               10
                 work with Community Action
                 Previous work completing quality DOE units            10
Capacity         Providing more than one crew                          10
                 Business experience in the four county                 5
                 service area
Preference       Lead Safe Work Certification and/or                   10
Criteria         Experience, IAQ/Mold, EPA Renovator,
                 Blower Door
                 Attended and passed Level I Inspector                 5
                 Training
                 Attended and passed Level II Inspector                10
                 Training
                 Minority Firm                                   Point Bonus -
                                                                       2
                 Women Business Enterprise                       Point Bonus -
                                                                       2


A committee of Agency staff will assemble to open the sealed bids and determine
the eligibility of the contractors based upon the aforementioned criteria and which
is in the best interest of Community Action. Those selected will work with the
agency for 90 (ninety) days post contract award on a probationary period to
determine their compatibility with the Weatherization Assistance Program,
Community Action staff and their workmanship within the program.


Once the selection process has been completed, the contractors will be notified by
mail and/or phone within five days.

                                                                                 9
     II.15. MISCELLANEOUS

     Community Action reserves the right to accept or reject any part of any quotations,
     and to accept or reject any or all quotations without penalty. Community Action
     reserves the right to waive minor deficiencies and informalities if, in the judgment
     of Community Action the best interests of Community Action shall be served.


III. AGENCY AGREEMENT

     A sample contract is attached as Addendum C

IV. QUOTATIONS CONTENT AND FORMAT

     The pricing quotes are attached as Addendum E


V.   QUOTATIONS EVALUATION

     V.1. EVALUATION PROCESS

     Community Action will evaluate this RFQ. Community Action will determine the
     best offer(s). Quotations must meet all the mandatory criteria in order for the
     quotations to be evaluated. Bid quotations that are incomplete, contain significant
     inconsistencies and/or contain inaccuracies may be rejected by Community Action
     without further discussion. The Contractor will have the right to grieve the decision
     according to the Community Action Appeals Policy. (Addendum D)

VI. RESERVED: Davis Bacon
Michigan Residential Weatherization Wage Determination dated 8-19-2009 as
determined by the United States Department of Labor Barry, Branch Calhoun and St.
Joseph Counties.




                                                                                       10
CLAUSE 1. Davis Bacon Requirements

A. Definitions. For purposes of this Clause 1, Clause 2, Contract Work Hours and
Safety Standards Act, and Clause 3, Recipient Functions, the following definitions are
applicable:

   (1) Award means the Award by the Department of Energy (DOE) to a Recipient that
   includes a requirement to comply with the labor standards clauses and wage rate
   requirements of the Davis-Bacon Act (DBA) for work performed by all laborers and
   mechanics employed by Subrecipients, Contractors and subcontractors on projects
   funded by or assisted in whole or in part by and through the Federal Government
   pursuant to the Recovery Act.

   (2) “Construction, alteration or repair” means all types of work done by laborers
   and mechanics employed by the Subrecipient, construction contractor or construction
   subcontractor on a particular building or work at the site thereof, including without
   limitation—

        (a) Altering, remodeling, installation (if appropriate) on the site of the work of
        items fabricated off-site;

        (b) Painting and decorating; or

        (c) Manufacturing or furnishing of materials, articles, supplies, or equipment on
        the site of the building or work.
   (3) Contract means a written procurement contract executed by a Subrecipient for
   the acquisition of property and services for construction, alteration, and repair under a
   Subaward. For purposes of these Clauses, a Contract shall include subcontracts and
   lower- tier subcontracts under the Contract.
   (4) Contracting Officer means the DOE official authorized to execute awards on
   behalf of DOE and who is responsible for the business management and non-program
   aspects of the financial assistance process.
   (5) Contractor means an entity that enters into a Contract. For purposes of these
   Clauses, Contractor shall include subcontractors and lower-tier subcontractors.
   (6) Recipient means any entity other than an individual that receives Recovery Act
   funds in the form of a grant directly from the Federal Government. This includes the
   State that receives an Award from DOE and is financially accountable for the use of
   any DOE funds or property, and is legally responsible for carrying out the terms and
   conditions of the program and Award.


    (7) “Site of the work”—

       (a) Means--


                                                                                         11
       (i) The physical place or places where the construction called for in the
       Award, Subaward, or Contract will remain when work on it is completed; and

       (ii) Any other site where a significant portion of the building or work is
       constructed, provided that such site is established specifically for the
       performance of the project;(b) Except as provided in paragraph (c) of this
       definition, the site of the work includes any fabrication plants, mobile
       factories, batch plants, borrow pits, job headquarters, tool yards, etc.,
       provided—

            (1) They are dedicated exclusively, or nearly so, to performance of the
                project; and

             (2) They are adjacent or virtually adjacent to the site of the work as
                defined in paragraphs (7)(a)(i) or (7)(a)(ii) of this definition; and

   (b) Does not include permanent home offices, branch plant establishments,
   fabrication plants, or tool yards of a Contractor or subcontractor whose locations
   and continuance in operation are determined wholly without regard to a particular
   contract or Federal Award or project. In addition, fabrication plants, batch plants,
   borrow pits, job headquarters, yards, etc., of a commercial or material supplier
   which are established by a supplier of materials for the project before opening of
   bids and not on the Project site, are not included in the “site of the work.” Such
   permanent, previously established facilities are not a part of the “site of the work”
   even if the operations for a period of time may be dedicated exclusively or nearly
   so, to the performance of an Award, Subaward, or Contract.
(8) Subaward means an award of financial assistance in the form of money, or
property in lieu of money, made under an award by a Recipient to an eligible
Subrecipient or by a Subrecipient to a lower- tier subrecipient. The term includes
financial assistance when provided by any legal agreement, even if the agreement is
called a contract, but does not include the Recipient’s procurement of goods and
services to carry out the program nor does it include any form of assistance, which is
excluded from the definition of “Award” above.
(9) Subrecipient means a non-Federal entity that expends Federal awards received
from a pass-through entity [Recipient] to carry out a Federal program, but does not
include an individual that is a beneficiary of such a program. This includes a
Community Action Agency (CAA), local agency, or other entity to which a Subaward
under the Award is made by a Recipient that includes a requirement to comply with
the labor standards clauses and wage rate requirements of the DBA work performed
by all laborers and mechanics employed by contractors and subcontractors on projects
funded by or assisted in whole or in part by and through the Federal Government
pursuant of the Recovery Act.


B. Davis-Bacon Act


                                                                                     12
 (1)(a) All laborers and mechanics employed or working upon the site of the work
will be paid unconditionally and not less often than once a week, and without
subsequent deduction or rebate on any account (except such payroll deductions as are
permitted by regulations issued by the Secretary of Labor under the Copeland Act (29
CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash
equivalents thereof) due at time of payment computed at rates not less than those
contained in the wage determination of the Secretary of Labor which is attached to
the Subaward or Contract and made a part hereof, regardless of any contractual
relationship which may be alleged to exist between the Recipient, a Subrecipient, or
Contractor and such laborers and mechanics.

          (i) Applicable to Recipient Only: Prior to the issuance of the Subaward or
          Contract, the Recipient shall notify the Contracting Officer of the site of
          the work in order for the appropriate wage determination to be obtained by
          the Contracting Officer from the Secretary of Labor.

          (ii) If the Subaward or Contract is or has been issued without a wage
          determination, the Recipient shall notify the Contracting Officer
          immediately of the site of the work under the Subaward or Contract in
          order for the appropriate wage determination to be obtained by the
          Contracting Officer from the Secretary of Labor.

   (b) Contributions made or costs reasonably anticipated for bona fide fringe
   benefits under section 1(b)(2) of the DBA on behalf of laborers or mechanics are
   considered wages paid to such laborers and mechanics, subject to the provisions
   of paragraph B(4) below; 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 period.

   (c) Such laborers and mechanics shall be paid not less than the appropriate wage
   rate and fringe benefits in the wage determination for the classification of work
   actually performed, without regard to skill, except as provided in the paragraph
   entitled Apprentices and Trainees. Laborers or mechanics performing work in
   more than one classification may be compensated at the rate specified for each
   classification for the time actually worked therein; provided that the employer’s
   payroll records accurately set forth the time spent in each classification in which
   work is performed.

   (d) The wage determination (including any additional classifications and wage
   rates conformed under paragraph B(2) of this Clause) and the Davis-Bacon poster
   (WH-1321) shall be posted at all times by the Subrecipient and Contractor at the
   site of the work in a prominent and accessible place where it can be easily seen by
   the workers.




                                                                                   13
(2)(a) The Contracting Officer shall require that any class of laborers or mechanics
    which is not listed in the wage determination and which is to be employed under
    the Subaward or Contract shall be classified in conformance with the wage
    determination. The Contracting Officer shall approve an additional classification
    and wage rate and fringe benefits therefore only when all the following criteria
    have been met:

       (i) The work to be performed by the classification requested is not performed
       by a classification in the wage determination.

       (ii) The classification is utilized in the area by the construction industry.

       (iii) The proposed wage rate, including any bona fide fringe benefits, bears a
       reasonable relationship to the wage rates contained in the wage determination.

   (b) If the Subrecipient (and Contractor, when applicable) and the laborers and
   mechanics to be employed in the classification (if known), or their representatives
   agree on the classification and wage rate (including the amount designated for
   fringe benefits, where appropriate), the Subrecipient shall notify the Recipient.
   The Recipient shall notify the Contracting Officer of this agreement. If the
   Contracting Officer agrees with the classification and wage rate (including the
   amount designated for fringe benefits, where appropriate), a report of the action
   taken shall be sent by the Contracting Officer to the Administrator of the:

       Wage and Hour Division
       Employment Standards Administration
       U.S. Department of Labor
       Washington, DC 20210

   The Administrator or an authorized representative will approve, modify, or
   disapprove every additional classification action within 30 days of receipt and so
   advise the Contracting Officer or will notify the Contracting Officer within the
   30-day period that additional time is necessary.

   (c) In the event the Subrecipient (and Contractor, when applicable), and the
   laborers or mechanics to be employed in the classification, or their
   representatives, do not agree on the proposed classification and wage rate
   (including the amount designated for fringe benefits, where appropriate), the
   Subrecipient shall notify the Recipient. The Recipient shall notify the Contracting
   Officer of the disagreement. The Contracting Officer shall refer the questions,
   including the views of all interested parties and the recommendation of the
   Contracting Officer, to the Administrator of the Wage and Hour Division for
   determination. The Administrator, or an authorized representative, will issue a
   determination within 30 days of receipt and so advise the Contracting Officer or
   will notify the Contracting Officer within the 30-day period that additional time is
   necessary.


                                                                                       14
      (d) The wage rate (including fringe benefits, where appropriate) determined
      pursuant to subparagraphs B(2)(b) or B(2)(c) of this Clause shall be paid to all
      workers performing work in the classification under the Award, Subaward, or
      Contract from the first day on which work is performed in the classification.

   (3) Whenever the minimum wage rate prescribed in the Award, Subaward, or
   Contract for a class of laborers or mechanics includes a fringe benefit which is not
   expressed as an hourly rate, the Subrecipient and Contractor shall either pay the
   benefit as stated in the wage determination or shall pay another bona fide fringe
   benefit or an hourly cash equivalent thereof.

   (4) If the Subrecipient or Contractor does not make payments to a trustee or other
   third person, the Subrecipient or Contractor may consider as part of the wages of any
   laborer or mechanic the amount of any costs reasonably anticipated in providing bona
   fide fringe benefits under a plan or program; provided, that the Secretary of Labor has
   found, upon the written request of the Subrecipient or Contractor that the applicable
   standards of the Davis-Bacon Act have been met. The Secretary of Labor may require
   the Subrecipient or Contractor to set aside in a separate account assets for the meeting
   of obligations under the plan or program.

C. Rates of Wages

   (1) The minimum wages to be paid laborers and mechanics under the Subaward or
   Contract involved in performance of work at the project site, as determined by the
   Secretary of Labor to be prevailing for the corresponding classes of laborers and
   mechanics employed on projects of a character similar to the contract work in the
   pertinent locality, are included as an attachment to the Award, Subaward, or Contract.

   (2) If the Subaward or Contract has been issued without a wage determination, the
   Recipient shall notify the Contracting Officer immediately of the site of the work
   under the Subaward or Contract in order for the appropriate wage determination to be
   obtained by the Contracting Officer from the Secretary of Labor.

D. Payrolls and Basic Records

   (1) Payrolls and basic records relating thereto shall be maintained by the Recipient,
   Subrecipient and Contractor during the course of the work and preserved for a period
   of 3 years thereafter for all laborers and mechanics working at the site of the work.
   Such records shall contain the name, address, and social security number of each such
   worker, his or her correct classification, hourly rates of wages paid (including rates of
   contributions or costs anticipated for bona fide fringe benefits or cash equivalents
   thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily
   and weekly number of hours worked, deductions made, and actual wages paid.
   Whenever the Secretary of Labor has found, under paragraph (4) of the provision
   entitled Davis-Bacon Act, 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 1(b)(2)(B) of the Davis-Bacon Act, the Subrecipient or

                                                                                         15
Contractor shall maintain records which show that the commitment to provide such
benefits is enforceable, that the plan or program is financially responsible, and that
the plan or program has been communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or the actual cost incurred in
providing such benefits. The Subrecipient or Contractor employing apprentices or
trainees under approved programs shall maintain written evidence of the registration
of apprenticeship programs and certification of trainee programs, the registration of
the apprentices and trainees, and the ratios and wage rates prescribed in the applicable
programs.

(2)(a) The Contractor shall submit weekly for each week in which any Contract work
is performed a copy of all payrolls to the Subrecipient. The Subrecipient shall submit
weekly for each week in which any Subaward or Contract work is performed a copy
of all payrolls to the Recipient. The Recipient shall submit weekly for each week in
which any Subaward or Contract work is performed a copy of all payrolls to the
Contracting Officer. The payrolls submitted shall set out accurately and completely
all of the information required to be maintained under paragraph D(1) of this Clause,
except that the full social security numbers and home addresses shall not be included
on weekly transmittals. Instead, the payrolls shall only need to include an
individually identifying number for each employee (e.g., the last four digits of the
employee’s social security number). The required weekly payroll information may be
submitted in any form desired. Optional Form WH-347 is available for this purpose
from the Wage and Hour Division Web site at
http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site.

 (b) The Recipient is responsible for the ensuring that all Subrecipients and
 Contractors submit copies of payrolls and basic records as required by paragraph D,
 Payrolls and Basic Records, of this Clause. The Subrecipient is responsible for
 ensuring all Contractors, including lower tier subcontractors submit copies of
 payrolls and basic records as required by paragraph D, Payrolls and Basic Records,
 of this clause. Subrecipients and Contractors shall maintain the full social security
 number and current address of each covered worker, and shall provide them upon
 request for transmission to the Contracting Officer, the Recipient, or the Wage and
 Hour Division of the Department of Labor for purposes of an investigation or audit
 of compliance with prevailing wage requirements. The Recipient shall also obtain
 and provide the full social security number and current address of each covered
 worker upon request by the Contracting Officer or the Wage and Hour Division of
 the Department of Labor for purposes of an investigation or audit of compliance
 with prevailing wage requirements. It is not a violation of this section for a
 Recipient to require a Subrecipient or Contractor to provide addresses and social
 security numbers to the Recipient for its own records, without weekly submission to
 the Contracting Officer.

 (c) Each payroll submitted shall be accompanied by a “Statement of Compliance,”
 signed by the Recipient, Subrecipient or Contractor or his or her agent who pays or
 supervises the payment of the persons employed under the Subaward or Contract
 and shall certify --

                                                                                     16
              (i) That the payroll for the payroll period contains the information required
              to be maintained under paragraph D(2)(a) of this Clause, the appropriate
              information is being maintained under paragraph D(1) of this Clause, and
              that such information is correct and complete;

              (ii) That each laborer or mechanic (including each helper, apprentice, and
              trainee) employed on the Subaward or Contract during the payroll period
              has been paid the full weekly wages earned, without rebate, either directly
              or indirectly, and that no deductions have been made either directly or
              indirectly from the full wages earned, other than permissible deductions as
              set forth in the Regulations, 29 CFR Part 3; and

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

      (d) The weekly submission of a properly executed certification set forth on the
      reverse side of Optional Form WH-347 shall satisfy the requirement for
      submission of the “Statement of Compliance” required by paragraph D(2)(c) of
      this Clause.

      (e) The falsification of any of the certifications in Paragraph D, Payrolls and Basic
      Records, of this Clause may subject the Recipient, Subrecipient or Contractor to
      civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of
      Title 31 of the United States Code.

   (3) The Recipient, Subrecipient, or Contractor shall make the records required under
   paragraph D(1) of this Clause available for inspection, copying, or transcription by
   the Contracting Officer, authorized representatives of the Contracting Officer, or the
   Department of Labor. The Subrecipient or Contractor shall permit the Contracting
   Officer, authorized representatives of the Contracting Officer or the Department of
   Labor to interview employees during working hours on the job. If the Recipient,
   Subrecipient, or Contractor fails to submit the required records or to make them
   available, the Contracting Officer may, after written notice to the Recipient,
   Subrecipient, or Contractor 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.

E. Withholding of Funds

   (1) The DOE Contracting Officer shall, upon his or her or its own action or upon
   written request of an authorized representative of the Department of Labor, withhold
   or cause to be withheld from the Recipient or any other contract or Federal Award
   with the same Recipient, on this or any other federally assisted Award subject to
   Davis-Bacon prevailing wage requirements, which is held by the same Recipient so

                                                                                        17
   much of the accrued payments or advances as may be considered necessary to pay
   laborers and mechanics, including apprentices, trainees, and helpers, employed by the
   Subrecipient or a Contractor the full amount of wages required by the Award or
   Subaward or a Contract. In the event of failure to pay any laborer or mechanic,
   including any apprentice, trainee, or helper, employed or working on the site of the
   work, all or part of the wages required by the Award or Subaward or a Contract, the
   Contracting Officer may, after written notice to the Recipient 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.

   (2) The Recipient shall, upon its own action or upon written request of the DOE
   Contracting Officer or an authorized representative of the Department of Labor,
   withhold or cause to be withheld from any Subrecipient or Contractor so much of the
   accrued payments or advances as may be considered necessary to pay laborers and
   mechanics, including apprentices, trainees, and helpers, employed by the Subrecipient
   or Contractor the full amount of wages required by the Subaward or Contract. In the
   event of failure to pay any laborer or mechanic, including any apprentice, trainee, or
   helper, employed or working on the site of the work, all or part of the wages required
   by the Subaward or Contract, the Recipient may, after written notice to the
   Subrecipient or Contractor, 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 or the Government may cause the suspension of any further
   payment under any other contract or Federal award with the same Subrecipient or
   Contractor, on any other federally assisted Award subject to Davis-Bacon prevailing
   wage requirements, which is held by the same Subrecipient or Contractor.

F. Apprentices and Trainees

   (1) Apprentices.

      (a) An apprentice will be permitted to work at less than the predetermined rate for
      the work they performed when they are employed—

              (i) Pursuant to and individually registered in a bona fide apprenticeship
              program registered with the U.S. Department of Labor, Employment and
              Training Administration, Office of Apprenticeship and Training,
              Employer, and Labor Services (OATELS) or with a State Apprenticeship
              Agency recognized by the OATELS; or

              (ii) In the first 90 days of probationary employment as an apprentice in
              such an apprenticeship program, even though not individually registered in
              the program, if certified by the OATELS or a State Apprenticeship
              Agency (where appropriate) to be eligible for probationary employment as
              an apprentice.




                                                                                      18
   (b) The allowable ratio of apprentices to journeymen on the job site in any craft
   classification shall not be greater than the ratio permitted to the Subrecipient or
   Contractor as to the entire work force under the registered program.

   (c) Any worker listed on a payroll at an apprentice wage rate, who is not
   registered or otherwise employed as stated in paragraph F(1) of this Clause, shall
   be paid not less than the applicable wage determination for the classification of
   work actually performed. In addition, any apprentice performing work on the job
   site in excess of the ratio permitted under the registered program shall be paid not
   less than the applicable wage rate on the wage determination for the work actually
   performed.

   (d) Where a Subrecipient or Contractor is performing construction on a project in
   a locality other than that in which its program is registered, the ratios and wage
   rates (expressed in percentages of the journeyman’s hourly rate) specified in the
   Subrecipient’s or Contractor’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
   journeyman hourly rate specified in the applicable wage determination.

   (e) Apprentices shall be paid fringe benefits in accordance with the provisions of
   the apprenticeship program. If the apprenticeship program does not specify fringe
   benefits, apprentices must be paid the full amount of fringe benefits listed on the
   wage determination for the applicable classification. If the Administrator
   determines that a different practice prevails for the applicable apprentice
   classification, fringes shall be paid in accordance with that determination.

   (f) In the event OATELS, or a State Apprenticeship Agency recognized by
   OATELS, withdraws approval of an apprenticeship program, the Subrecipient or
   Contractor will no longer be permitted to utilize apprentices at less than the
   applicable predetermined rate for the work performed until an acceptable program
   is approved.

(2) Trainees.

   (a) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at
   less than the predetermined rate for the work performed unless they are employed
   pursuant to and individually registered in a program which has received prior
   approval, evidenced by formal certification by (OATELS). The ratio of trainees to
   journeymen on the job site shall not be greater than permitted under the plan
   approved by OATELS.

   (b) Every trainee must be paid at not less than the rate specified in the approved
   program for the trainee’s level of progress, expressed as a percentage of the
   journeyman hourly rate specified in the applicable wage determination. Trainees
   shall be paid fringe benefits in accordance with the provisions of the trainee
   program. If the trainee program does not mention fringe benefits, trainees shall be

                                                                                    19
       paid the full amount of fringe benefits listed in the wage determination unless the
       Administrator of the Wage and Hour Division determines that there is an
       apprenticeship/training program associated with the corresponding journeyman
       wage rate in the wage determination which provides for less than full fringe
       benefits for apprentices. Any employee listed on the payroll at a trainee rate who
       is not registered and participating in a training plan approved by the OATELS
       shall be paid not less than the applicable wage rate in the wage determination for
       the classification of work actually performed. In addition, any trainee performing
       work on the job site in excess of the ratio permitted under the registered program
       shall be paid not less than the applicable wage rate in the wage determination for
       the work actually performed.

       (c) In the event OATELS withdraws approval of a training program, the
       Subrecipient or Contractor will no longer be permitted to utilize trainees at less
       than the applicable predetermined rate for the work performed until an acceptable
       program is approved.

   (3) Equal employment opportunity. The utilization of apprentices, trainees, and
   journeymen under this Clause shall be in conformity with the equal employment
   opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part
   30.

G. Compliance with Copeland Act Requirements

The Recipient, Subrecipient or Contractor shall comply with the requirements of 29 CFR
Part 3 which are hereby incorporated by reference in the Award, Subaward or Contract.



H. Subawards and Contracts

   (1) The Recipient, the Subrecipient and Contractor shall insert in the Subaward or any
   Contracts this Clause entitled “Davis Bacon Act Requirements” and such other
   clauses as the Contracting Officer may require. The Recipient shall be responsible
   for ensuring compliance by any Subrecipient or Contractor with all of the
   requirements contained in this Clause. The Subrecipient shall be responsible for the
   compliance by Contractor with all of the requirements contained in this Clause.

 (2) Within 14 days after issuance of a Subaward, the Recipient shall deliver to the
Contracting Officer a completed Standard Form (SF) 1413, Statement and
Acknowledgment, for each Subaward and Contract for construction within the United
States, including the Subrecipient’s and Contractor’s signed and dated acknowledgment
that this Clause) has been included in the Subaward and any Contracts. The SF 1413 is
available         from        the         Contracting        Officer        or         at
http://contacts.gsa.gov/webforms.nsf/0/70B4872D16EE95A785256A26004F7EA8/$file/
sf1413_e.pdf. Within 14 days after issuance of a Contract or lower- tier subcontract, the
Subrecipient shall deliver to the Recipient a completed Standard Form (SF) 1413,

                                                                                       20
Statement and Acknowledgment, for each Contract and lower-tier subcontract for
construction within the United States, including the Contractor and lower- tier
subcontractor’s signed and dated acknowledgment that this Clause has been included in
any Contract and lower- tier subcontracts. SF 1413 is available from the Contracting
Officer                                     or                                     at
http://contacts.gsa.gov/webforms.nsf/0/70B4872D16EE95A785256A26004F7EA8/$file/
sf1413_e.pdf. The Recipient shall immediately provide to the DOE Contracting Officer
the completed Standard Forms (SF) 1413.


I. Contract Termination -- Debarment

A breach of these provisions may be grounds for termination of the Award, Subaward, or
Contract and for debarment as a Contractor or subcontractor as provided in 29 CFR 5.12.

J. Compliance with Davis-Bacon and Related Act Regulations

All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR
Parts 1, 3, and 5 are hereby incorporated by reference in the Award, Subaward or
Contract.

K. Disputes Concerning Labor Standards

The United States Department of Labor has set forth in 29 CFR Parts 5, 6, and 7
procedures for resolving disputes concerning labor standards requirements. Such disputes
shall be resolved in accordance with those procedures and shall not be subject to any
other dispute provision that may be contained in the Award, Subaward, and Contract.
Disputes within the meaning of this Clause include disputes between the Recipient,
Subrecipient (including any Contractor) and the Department of Energy, the U.S.
Department of Labor, or the employees or their representatives.

L. Certification of Eligibility.

(1) By entering into this Award, Subaward, or Contract (as applicable), the Recipient,
Subrecipient, or Contractor, respectively certifies that neither it (nor he or she) nor any
person or firm who has an interest in the Recipient, Subrecipient, or Contractor’s firm, is
a person, entity, or firm ineligible to be awarded Government contracts or Government
awards by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

(2) No part of this Award, Subaward or Contract shall be subcontracted to any person or
firm ineligible for award of a Government contract or Government award by virtue of
section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

(3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18
U.S.C. 1001.

M. Approval of Wage Rates
                                                                                        21
All straight time wage rates, and overtime rates based thereon, for laborers and
mechanics engaged in work under an Award, Subaward or Contract must be submitted
for approval in writing by the head of the federal contracting activity or a representative
expressly designated for this purpose, if the straight time wages exceed the rates for
corresponding classifications contained in the applicable Davis-Bacon Act minimum
wage determination included in the Award, Subaward or Contract. Any amount paid by
the Subrecipient or Contractor to any laborer or mechanic in excess of the agency
approved wage rate shall be at the expense of the Subrecipient or Contractor and shall not
be reimbursed by the Recipient or Subrecipient. If the Government refuses to authorize
the use of the overtime, the Subrecipient or Contractor is not released from the obligation
to pay employees at the required overtime rates for any overtime actually worked.



CLAUSE 2. Contract Work Hours and Safety Standards Act

This Clause entitled “Contract Work Hours and Safety Standards Act (CWHSSA)” shall
apply to any Subaward or Contract in an amount in excess of $100,000. As used in this
CWHSSA Clause, the terms laborers and mechanics include watchmen and guards.

 A. Overtime requirements. No Subrecipient or Contractor contracting for any part of
 the Subaward 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 he or she is employed on such work to work in excess of forty 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 forty
 hours in such workweek.

 B. Violation; liability for unpaid wages; liquidated damages. In the event of any
 violation of the clause set forth in paragraph B herein, the Subrecipient or Contractor
 responsible therefore shall be liable for the unpaid wages. In addition, such
 Subrecipient or Contractor shall be liable to the United States (in the case of work done
 under a Subaward or Contract for the District of Columbia or a territory, to such
 District or to such territory), for liquidated damages. Such liquidated damages shall be
 computed with respect to each individual laborer or mechanic, including watchmen and
 guards, employed in violation of the provision set forth in CWSSHA paragraph A, 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 forty hours without payment
 of the overtime wages required by the clause set forth in paragraph (A) of this section.

 C. Withholding for unpaid wages and liquidated damages.

         (1) The DOE Contracting Officer shall upon its own action or upon written
         request of an authorized representative of the Department of Labor withhold or
         cause to be withheld, from any moneys payable on account of work performed
         by the Recipient on this or any other Federal Award or Federal contract with the
         same Recipient on any other federally-assisted Award or contract subject to the

                                                                                        22
       CWHSSA, which is held by the same Recipient such sums as may be
       determined to be necessary to satisfy any liabilities of such Recipient for unpaid
       wages and liquidated damages as provided in the clause set forth in CWHSSA,
       paragraph B of this Clause.


       (2) The Recipient shall, upon its own action or upon written request of the DOE
       Contracting Officer or an authorized representative of the Department of Labor,
       withhold or cause from any moneys payable on account of work performed by
       the Subrecipient or Contractor on this or any other federally assisted subaward
       or contract subject to the CWHSSA, which is held by the same Subrecipient or
       Contractor such sums as may be determined to be necessary to satisfy any
       liabilities of such Subrecipient or Contractor for unpaid wages and liquidated
       damages as provided in clause set forth in CWHSSA, paragraph B of this
       Clause.

D. Subcontracts. The Subrecipient shall insert in a Contract and a Contractor shall
insert in any lower tier subcontracts, the clauses set forth in these CWHSSA paragraphs
(A) through (D) and also a provision requiring the Contractors to include this
CWHSSA Clause in any lower tier subcontracts. The Recipient shall be responsible for
compliance by any Subrecipient or Contractor, with the CWHSSA paragraphs A
through D. The Subrecipient shall be responsible for compliance by any Contractor
(including lower- tier subcontractors).

E. The Subrecipient or Contractor shall maintain payrolls and basic payrolls in
accordance with Clause 1, Davis- Bacon Act Requirements, for all laborers and
mechanics, including guards and watchmen working on the Subaward or Contracts.
These records are subject to the requirements set forth in Clause 1, Davis Bacon
Requirements.


CLAUSE 3. RECIPIENT FUNCTIONS

     (1) On behalf of the Department of Energy (DOE), Recipient shall perform the
     following functions:


         (a) Obtain, maintain, and monitor all DBA certified payroll records submitted
             by the Subrecipients and Contractors at any tier under this Award;
         (b) Review all DBA certified payroll records for compliance with DBA
             requirements, including applicable DOL wage determinations;
         (c) Notify DOE of any non-compliance with DBA requirements by
             Subrecipients or Contractors at any tier, including any non-compliances
             identified as the result of reviews performed pursuant to paragraph (b)
             above;

                                                                                      23
         (d) Address any Subrecipient’ and any Contractor DBA non-compliance
             issues; if DBA non-compliance issues cannot be resolved in a timely
             manner, forward complaints, summary of investigations and all relevant
             information to DOE;
         (e) Provide DOE with detailed information regarding the resolution of any
             DBA non-compliance issues;
         (f) Perform services in support of DOE investigations of complaints filed
             regarding noncompliance by Subrecipients and Contractors with DBA
             requirements;
         (g) Perform audit services as necessary to ensure compliance by Subrecipients
             and Contractors with DBA requirements and as requested by the
             Contracting Officer;
         (h) As part of maintaining the payroll records, it will not be necessary for the
             Recipient to forward a copy of payroll records to the Contracting Officer
             under Clause 1 (D)(2)(a); and
         (i) Provide copies of all records upon request by DOE or DOL in a timely
             manner.


(2)       All records maintained on behalf of the DOE in accordance with paragraph
      (1) above are federal government (DOE) owned records. DOE or an authorized
      representative shall be granted access to the records at all times.
      (3) In the event of, and in response to any Freedom of Information Act, 5
          U.S.C. 552, requests submitted to DOE, Recipient shall provide such records
          to DOE within 5 business days of receipt of a request from DOE.




                                                                                      24
Weatherization                                     Hourly Wage
Job Classifications                                 And Fringe
                                                   Determination

                        Barry           Branch             Calhoun         St. Joseph
                       (wage +          (wage +            (wage +          (wage +
                        fringe)          fringe)            fringe)          fringe)

Weatherization        $12.88      + $12.88 + 5.64       $12.88 + 5.64    $12.88 + 5.64
                      5.64
Worker

Doors & Windows       $12.85      + $12.88 + 5.64       $12.88 + 5.64    $12.88 + 5.64
                      5.64
Weatherization
Worker

HVAC/Furnace/     $16.62          + $16.62 + 6.73       $16.62 + 6.73    $22.88 + 6.05
Heating & Cooling 6.73
Mechanic

Carpenter             $7.25          $8.72              $14.29 + 3.33    $8.72

Electrician           $7.25          $11.43             $20.91 + 3% + $11.43
                                                        7.41

Plumber               $8.00          $11.99             $22.63 + 14.27   $11.99

Sheet Metal Worker    $7.73          $10.64             $12.34 + 3.88    $10.64

Roofer                $7.25                  See        $10.94                   See
                                     Addendum F                          Addendum F



  Davis-Bacon Act Summary

   (1)(a) All laborers and mechanics employed or working upon the site of the work
  will be paid unconditionally and not less often than once a week, and without
  subsequent deduction or rebate on any account (except such payroll deductions as are
  permitted by regulations issued by the Secretary of Labor under the Copeland Act (29
  CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash
  equivalents thereof) due at time of payment computed at rates not less than those
  contained in the wage determination of the Secretary of Labor which is attached to
  the Subaward or Contract and made a part hereof, regardless of any contractual
  relationship which may be alleged to exist between the Recipient, a Subrecipient, or
  Contractor and such laborers and mechanics.

                                                                                        25
   Addendum A

                                  Community Action
                         175 Main St. Battle Creek, MI 49014
                                  Ph: (269) 965-7766


                     Contractors Information/Application Form


Please Note: If applicable, copies of your Registrar of Contractor’s License and local tax
licenses must accompany this application. If qualified, also include a copy of your
certificate from a minority/women business program. Please ask your insurance agent to
submit a copy of your Certificate of Insurance and Bonding.


                               PLEASE PRINT OR TYPE


                                                       DATE: _____________________


Business Name: __________________________________________________

Owner/Representative: _________________________________________________


Business Address: ________________________________________________
                        Number              Street         City           Zip Code


Mailing Address: __________________________________________________
                      Number                Street         City           Zip Code


Area Code/Phone Numbers: ________________________________________
                             Office                        Fax                    Mobile


Federal I.D. #:_____________________________________________________


If not incorporated, Social Security #: ________________________________________



                                                                                       26
Privilege Tax #: _________________________Expiration Date: _____________


Registrar of Contractors #: ________________Expiration Date: _____________


Classification Number: ___________________Expiration Date: _____________


When was your company/ firm established? ___________________________________


Do you have a Contractor’s License in this area?                    Yes     No


Are you registered with a minority/women’s business enterprise program or LSA? Yes
No


               If your answer is “YES,” please submit a copy of certification.


Please check the type(s) of construction you have performed in the last year:


 Home Remodeling  Home Building  HVAC                 Major Construction –Specify:
______         _________________________________________________________


Please list all education and training that you have had specific to Building Science and
Weatherization.


Training                                                            Date


_________________________________________                    _________________


________________________________________                     _________________


_________________________________________                    _________________


________________________________________                     _________________




                                                                                         27
Please list all Certifications that you have obtained related to Building Science or
Weatherization


_________________________________________                     _________________


________________________________________                      _________________


_________________________________________                     _________________


________________________________________                      _________________



List two major supplies from which you purchase most of your supplies:


Name                   Address                City                    Area Code/Phone


___________________________________________________________________


___________________________________________________________________


List two financial institutions (banks, savings and loan association, etc.) with which you
have established credit:


Name                   Address                City                    Area Code/Phone


_____________________________________________________________________


______________________________________________________________________


How long have you been in the contracting business? _____________________
                                                              Years          Month




                                                                                         28
Will you guarantee your work for eighteen (18) months?    Yes     No
List the names and addresses of the last three clients for whom you have completed construction:


Name                  Address               City                  Area Code/Phone


______________________________________________________________________


_____________________________________________________________________


_____________________________________________________________________



Approximately how many jobs have you completed as a general contractor? _________


What is the smallest/value job you have done? _________________________________


What is the largest/value job you have done? __________________________________


How many employees do you employ full-time? ________________________________


Have you ever worked for the Department of Housing and Urban Development (HUD)?
                             Circle One:           Yes            No
If Yes, when and where? _________________________________________________


What type of job? ______________________________________________________


Please complete the following ethnic information, gathered by HUD for statistical purposes only:
       Please check one:                    ________ White
                                            ________ Black
                                            ________ American Indian/ Alaskan Native
                                            ________ Hispanic
                                            ________ Asian/ Pacific Islander



                                                                                                   29
THE UNDERSIGNED CONTRACTOR CETIFIES THAT ALL INFORMATION GIVEN HEREIN IS
SUBSTANTIALLY CORRECT AND FURTHER AGREES:


      Contractor License Class and bond are current, and the undersigned contractor agrees to maintain
       in current status all licenses and bonds as required by the contracting agency.


      That the work be performed in accordance with the property requirement standards.


      That if the work performed by the contractor is found to be unsatisfactory by the administering
       agency or if contract relations between the contractor, homeowner or other parties are found to
       be unsatisfactory, that the administering agency may remove the contractor’s name from the
       approved list, with such accompanying publicity as it deems necessary.


      The contractor will abide by the federal regulations pertaining to equal employment opportunity.


      That the work will be done in conformance with all appliance codes and zoning regulations.


      Upon award of bid/contract, please request that a Certificate of Insurance and Worker’s
       Compensation Certificate be sent to Community Action.


I authorize Community Action Weatherization Program Administrators to verify the above information
and I certify that the above information is true and complete:



Contractor’s Signature: _____________________________Date__________________




                                                                                                         30
Attachment A to Addendum A




Debarred or Suspended Organization Statement
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were
published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211).
By signing below I agree that my company/organization or any of its principals, personnel, divisions or
affiliates presently or in the past have not been debarred or suspended from entering into contracts with
any federal, state or local governmental entity.


The company/organization has not 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 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.
The company/organization is not presently indicted or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or Local).
The company/organization has not had one or more public transactions (Federal, State or local)
terminated for cause or default.



_______________________________________
Company Name


______________________________________                       _____________________
Signed                                                       Date


Provided below for reference is the website to look up debarred companies/organizations: Excluded
Parties List System, http://www.epls.gov/
Attachment B to Addendum A

                                                                                                         31
                                  National Sex Offender Public Registry
                                      INQUIRY CONSENT FORM


As an owner or employee of a Community Action contractor, I understand that it is Community Action
policy to secure National Sex Offender Public Registry information as a requirement of the contract that
exists between Community Action and the contractor, using the information provided below:


Print Name: ______________________________________________________________
               Last                          First                          Middle


Address: ________________________________________________________________
               City                          State   Zip                    County


______________________________________________                    _______________________
Driver’s License number & state                                   Expiration date




       I understand that the above information is required by the U.S. Department of Justice, 950
Pennsylvania Avenue, Washington DC 20530-0001, (202)-514-2000, www.nsopr.com. I authorize
COMMUNITY ACTION, Inc to utilize the above information for the sole purpose of obtaining National
Sex Offender Public Registry reports.


       I also understand that my signature signifies that I am aware of the fact that if a listing is found
on my record it will be considered in determining whether I will be eligible or ineligible to perform any
work related to the contract that exists between Community Action and the contractor.




____________________________________________________                __________________
Signature                                                           Date




                                                                                                        32
Attachment to Addendum


                                    Residency and Criminal History
                                        DECLARATION FORM


As an owner or employee of a Community Action contractor, I understand that it is Community Action
policy to secure Residency and Criminal History information as a requirement of the contract that exists
between Community Action and the contractor, using the information provided below:


Print Name: ______________________________________________________________
                Last                          First                          Middle


I have resided in Michigan for each of the past ten years (please circle response): Yes No


If I have not resided in Michigan for each of the past ten years, I have not been convicted of a felony or
identified as a perpetrator (please circle response): Yes No


 If I have not resided in Michigan for each of the past ten years, and I have been convicted of a felony or
identified as a perpetrator, I will describe the nature and regency of the felony below:


Nature of felony: __________________________________________________________


Regency of felony: ________________________________________________________


        I certify that the above statements are true and correct, and they may be verified by Community
Action at its discretion. I also understand that my signature signifies that I am aware of the fact that the
above information and any additional related information will be considered in determining whether I
will be eligible or ineligible to perform any work related to the contract that exists between Community
Action and the contractor.


____________________________________________________                 __________________
Signature                                                            Date




                                                                                                         33
INSTRUCTIONS FOR CERTIFICATION


1.   By signing and submitting this proposal, the prospective contractor is providing the certification set
     out below.


2.   The inability of a person to provide the certification required below will not necessarily result in
     denial of participation in this covered transaction. The prospective participant shall submit an
     explanation of why it cannot provide the certification set out below. The certification or explanation
     will be considered in connection with the Department of Labor's (DOL) determination whether to
     enter into this transaction. However, failure of the prospective primary participant to furnish a
     certification or an explanation shall disqualify such person from participation in this transaction.


3.   The certification in this clause is a material representation of fact upon which reliance was placed
     when the DOL determined to enter into this transaction. If it is later determined that the prospective
     primary participant knowingly rendered an erroneous certification, in addition to other remedies
     available to the Federal Government, the DOL may terminate this transaction for cause or default.


4.   The prospective primary participant shall provide immediate written notice to the DOL if at any
     time the prospective primary participant learns its certification was erroneous when submitted or has
     become erroneous by reason of charged circumstances.


5.   The terms "covered transaction"; "debarred", "suspended", "ineligible", "lower tier covered
     transaction", "participant", "person", "primary covered transaction", "principal", "proposal", and
     "voluntarily excluded", as used in this clause, have the meanings set out in the Definitions and
     Coverage sections of the rules implementing Executive Order 12549. You may contact the DOL
     for assistance in obtaining a copy of those regulations.


6.   The prospective primary participant agrees by submitting this proposal that, should the proposed
     covered transaction be entered into, it shall not knowingly enter into any lower tier covered
     transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded
     from participation in this covered transaction, unless authorized by the DOL.


7.   The prospective primary participant further agrees by submitting this proposal that it will include
     the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
     Exclusion--Lower Tier Covered Transactions", provided by the DOL, without modification, in all
     lower tier covered transactions and all solicitations for lower tier covered transactions.




                                                                                                        34
8.    A participant in a covered transaction may rely upon a certification of a prospective participant in a
      lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded
      from the covered transaction, unless it knows that the certification is erroneous. A participant may
      decide the method and frequency by which it determined the eligibility of its principals. Each
      participant may, but is not required to, check the List of Parties Excluded From Procurement or
      Nonprocurement Programs.


9.    Nothing contained in the foregoing shall be construed to required establishment of a system of
      records in order to render in good faith the certification required by this clause. The knowledge and
      information of a participant is not required to exceed that which is normally possessed by a prudent
      person in the ordinary course of business dealings.


10.   Except for transactions authorized under paragraph 6 of these instructions, if a participant in a
      covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded
      from participation in this transaction, in addition to other remedies available to the Federal
      Government, the agency may terminate this transaction for cause or default.




                                                                                                         35
Addendum B



                                 CONTRACT FOR SERVICES
                                           BETWEEN
                                    COMMUNITY ACTION


                             (Hereinafter referred to as the AGENCY)


                                              AND


                            __________________________________

                            __________________________________

                            __________________________________

                            __________________________________


                          (Hereinafter referred to as the CONTRACTOR)


                                              FOR


Weatherization Assistance for Low-Income Persons in Barry, Branch, Calhoun and St. Joseph Counties


                              Beginning ______________________


                                              And


                               Ending _______________________


This contract may be extended for up to 3 years, if approved by Community Action.




                                                                                                36
I.     WITNESS
       WHEREAS, the AGENCY has been given the authority to subcontract in the state of Michigan
       to implement the U.S. Department of Energy’s “Weatherization Assistance Program for Low-
       Income Persons” program pursuant to Title IV, Part A of the Energy Conservation and
       Production Act of 1976, 42 USC 6861-6872, and as amended; and


       WHEREAS, the AGENCY desires to engage the CONTRACTOR to assist in the performance of
       the aforementioned program;


       NOW, THEREFORE, in consideration of the foregoing, and subject to the conditions contained
       herein, the AGENCY and the CONTRACTOR hereto do mutually agree as follows:


II.    STATEMENT OF WORK


       The CONTRACTOR shall furnish all supervision, technical personnel, labor, machinery, tools,
       equipment, materials (if applicable), and services; and perform all work required in accordance
       with the attached specifications that are made a part hereof, as fully set forth herein (see
       ATTACHMENT A).


       The property(ies) to be contracted for will be included in the proceed orders, issued by the
       AGENCY as the property(ies) is (are) determined eligible for services. (Refer to Special
       Condition #1). CONTRACTOR agrees to install said items in a high-quality and workmanlike
       manner at such times and such places as designated by the AGENCY.


III.   SPECIAL CONDITIONS


       1. No work shall begin until the AGENCY issues a written proceed order to the
          CONTRACTOR. The proceed order will identify the property(ies) to be weatherized, the
          DHS/CSBG/Wx Energy Audit Tool that will describe the work to be performed (see
          ATTACHMENT B).
       2. The CONTRACTOR must commence work on the properties identified within five (5)
          working days after the issuance of the proceed order. At the option of the AGENCY, this
          contract may be canceled by failure of the CONTRACTOR to begin work by or on the date
          specified.
       3. All work shall be completed in a professional manner acceptable to the AGENCY. All
          materials must be installed in accordance with the procedures outline in the DHS/CSBG/Wx
          Definition, Standards, and Specifications for a Weatherized House, included as
          ATTACHMENT A and incorporated herein by reference. At no time may less than quality
          workmanship or customer service be utilized to complete the work.


                                                                                                   37
4. It will be the responsibility of the AGENCY to identify the work that will be performed on
   each house; it will be the responsibility of the CONTRACTOR to perform his/her own
   measurements.
5. CONTRACTOR agrees that time is of the essence and that all work shall be completed
   within fourteen (14) days of issuance of the proceed order, and for each calendar day after
   the expiration of such thirty (30) day period that the work is not completed, CONTRACTOR
   shall be liable for damages of $100.00 per day which shall be deducted from AGENCY’S
   payment to CONTRACTOR. Extensions of time for completion of work may be permitted
   provided that written requests for extensions detailing the reasons therefore are received and
   accepted by the AGENCY prior to the expiration of the initial fourteen (14) day period.


6. The CONTRACTOR shall:


       a. Keep the premises broom clean and orderly during the course of the work and remove
          debris at the completion of the work.
       b. Guarantee all work performed for a period of eighteen (18) months from the date of
          final acceptance of all work required by the Agreement.
       c. Permit the AGENCY or its designee to examine and inspect the premises where the
          Weatherization work is being, or has been, performed.
       d. Protect the property against damage and theft.
       e. Repair all surfaces and work damaged by the CONTRACTOR resulting from work
          under this Contract at no additional cost to the AGENCY. “Repair” means the item is
          to be placed in equal or new condition either by patching or replacing. The finished
          work shall match adjacent work in design, dimension, texture, and hue. Any repairs
          or corrective actions necessary shall be completed within two (2) weeks of
          notification.
       f. Represent itself and the AGENCY in a professional like manner at all times during
          the contract.


7. CONTRACTOR shall procure, at his/her own expense, all necessary licensing and permits
   required by law to perform the work released to him/her under this Contract, and to arrange
   on the CONTRACTOR’S own time and his/her own expense any other miscellaneous
   charges that might be necessary to perform the work called for.
8. Should any dispute arise in respect to the true construction or meaning on drawings of the
   specifications, or should any dispute arise in respect to the true value of the extra work or of
   the work omitted, or of improper workmanship or materials, or of any loss sustained by the
   Owner or the AGENCY, and if the manner or its estimation is not herein otherwise provided
   for, the same shall be determined as follows: Procedures for settling disputes will conform to
   those policies set forth in the Michigan Administration Procedures Act of 1969 (P.A. 306, as
   amended); Chapter 4, Section 24.271-24.287.



                                                                                                38
9. CONTRACTOR agrees that all work will be performed by himself/herself or his/her
   employees or his/her subcontractors, if any may be used. Minimum material and installation
   standards and specifications are identified within Attachment A hereto; and all work
   performed must conform to these standards.
10. CONTRACTOR shall, with respect to AGENCY, be considered an independent contractor
    and, as such, shall be solely responsible for the performance, general direction, supervision
    and efficient business administration of the work and for the furnishing of all equipment, and
    tools necessary to the proper execution of the work.
11. All sub-contractors that might be used by the CONTRACTOR are bound by the same
    requirements, standards, licensing, insurance, coverage’s, and all other provisions included
    herein that govern the CONTRACTOR activities.
12. All work performed by the CONTRACTOR shall be paid for by the AGENCY at the prices
    indicated on Attachment E. The invoice form must show the job number, customer name
    and address. The CONTRACTOR shall also prepare a detailed invoice support report on a
    form (Form 347 from the DOL) to be provided by the AGENCY.
13. Acceptance of faulty work or failure to discover defects will not relieve the CONTRACTOR
    of responsibility as set for herein. AGENCY may inspect any completed installation job and
    withhold payment to the CONTRACTOR until the installation job has been approved by
    AGENCY and the customer. CONTRACTOR shall also participate with AGENCY in
    determining reasonable corrective measures at CONTRACTOR’S expense.
14. The CONTRACTOR agrees hereby to indemnify and save the members of the AGENCY
    and any its employees from all suits, actions, or claims of any character, time and description
    brought for or because of any damages received or sustained by any person, persons, or
    property by or from the successful bidder or by or in consequence of any neglect in
    safeguarding the work or in performance of the work or through defective workmanship or
    materials, or by account of any act, omission, or misconduct of the CONTRACTOR or any
    of his/her representatives, servants, or employees.


   In the event any suit or other proceedings, for any claim, loss, damage, cost, charge, or
   expense covered by the CONTRACTORS forgoing indemnity should be brought against the
   AGENCY or any of its officers, agents, or employees, CONTRACTOR hereby covenants
   and agrees to assume the defense thereof and deemed the same at CONTRACTOR’S own
   expense and to pay any and all costs, charges, attorney’s fees and other expenses, and any
   and all judgments that may be incurred by, or obtained against AGENCY or any of its
   officers, agents or employees in such suits or other proceedings. In the event of any
   judgment or other lien being placed upon the property of AGENCY in such suits or other
   proceedings, CONTRACTOR shall at once cause the same to be dissolved and discharged by
   giving bond or otherwise.

15. The Contractor shall complete Weatherization work on assigned homes during the term of
    this Contract. If work is not satisfactory at time of first post inspection, contractor is to make
    corrections within 10 days of notice. CONTRACTOR shall be liable for damages of $100.00
    per day which shall be deducted from AGENCY’S payment to CONTRACTOR, for each


                                                                                                   39
         day after 10 days in which corrections were not completed. Contractors will NOT be
         reimbursed for any costs associated with making corrections on a home for measures they did
         not complete to quality standards. Failure to complete the assigned homes shall result in
         unsatisfactory performance under this Contact.

      16. The Contractor shall guarantee the work performed for a period of eighteen (18) months from
          the date of final acceptance of all work required by the Contract. If during the warranty
          period any of the Contractor’s work is found to be defective, the Contractor, at no charge to
          the Agency, shall correct such defect (s) promptly after receipt of a written notice from
          Agency to do so. This obligation shall survive termination of the Contract.

      17. The Contractor will insure that him/her self and all crew members who work on
         Weatherization job sites will attend DHS/WX “Lead Safe Work (LSW) Practices, Indoor Air
         Quality (IAQ), Blower Door and EPA Renovator training sessions with 120 days of hire as
         required by the State Office of Department of Human Services, Bureau of Community
         Action and Economic Opportunity, Weatherization Department.

      18. CONTRACTOR shall not use the name of the AGENCY in any of its advertisements,
          business forms, or brochures.

      19. The CONTRACTOR shall maintain and provide evidence that the following minimum
          insurance coverage’s are in effect during the life of the Contract:




Type of Insurance                                     Description                        Amount
WORKER’S COMPENSATION                                 Statutory Requirements for the (accordingly)
                                                      State of Michigan
EMPLOYER’S LIABILITY INSURANCE                        Bodily Injury by Accident – $100,000
                                                      Each Accident

                                                      Bodily Injury by Disease – $500,000
                                                      Policy Limit

                                                      Bodily Injury by Disease – Each $100,000
                                                      Employee

COMPREHENSIVE          GENERAL         LIABILITY General Aggregate                       $1,000,000
INSURANCE*

                                                      Products     &      Completed $1,000,000
                                                      Operations Aggregate

                                                      Personal & Advertising Injury      $1,000,000


                                                                                                    40
                                                       Each Occurrence                    $1,000,000

*Shall name the Agency, its officers, employees, and
agents as additional insured.
AUTOMOBILE LIABILITY INSURANCE                         Bodily Injury – Each Person        $500,000

                                                       Bodily    Injury      –       Each $500,000
                                                       Occurrence

                                                       Property Damage           –   Each $500,000
                                                       Occurrence

                                                       With a Combined Single Limit       $1,000,000




       20. Before the CONTRACTOR shall do any work under the Contract, CONTRACTOR shall
           furnish or shall have previously furnished the AGENCY with certificates of insurance
           evidencing that insurance has been provided to meet the above requirements in insurance
           coverage to AGENCY. Such certificates shall state that no material change or cancellation
           can be effected without ten (10) days prior written notice to the AGENCY.
           NOTE: If the CONTRACTOR does not have Blanket Contractual                     Coverage, an
          insurance policy endorsement shall be furnished to the AGENCY for each Contract worded
          substantially as follows: “During the effective period of the policies mentioned herein, it is
          agreed that this insurance specifically covers liability assumed by the insured under the
          provisions of the Contract entered into by the insured and Agency date ________________.”
       21. The provisions of the various insurance policies are subject to AGENCY’S approval and a
           copy of the insurance policies shall be furnished by the CONTRACTOR at the request of the
           AGENCY.
       22. The CONTRACTOR will be solely responsible for any fines that The AGENCY may incur
           as a result of the CONTRATOR’s failure to practice Lead Safe Work Practices. This contract
           WILL BE terminated if the CONTRACTOR is found negligent.


IV.    LICENSE


       The CONTRACTOR will furnish to the AGENCY a copy of either his/her Builders License, or
       Maintenance and Alteration Contractors License and/or Mechanical License, issued by the
       Michigan Department of Licensing and Regulations prior to the signing of the contract.


V.     MINIMUM WAGE RATES



                                                                                                     41
      It is required that a minimum wage be paid to all workers no less than the amount established by
      the state of Michigan Minimum Wage Rates. Each contractor shall pay all mechanics and
      laborers employed directly upon the site of work, unconditionally and not less often than once
      per week.


VI. AMERICAN RECORVERY AND REINVESTMENT ACT: PREVAILING WAGE


      1. As a condition of this contract, the Contractor certifies that the Contractor shall   perform the
         following requirements:
             a) The Contractor will ensure that all laborers and mechanics employed by the
                Contractor on projects funded directly by or funded in whole or in part by this
                contract shall be paid wages as rates not less than those prevailing on projects of a
                character similar in the locality as determined by the Secretary of Labor in
                accordance with Subchapter IV OF Chapter 31 of Title 40, United States Code.
                Wage Rate Requirements under Section 1606 of the American Recovery and
                Reinvestment Act shall be considered part of this contract.
             b) Community Action will provide a method to the Contractor to report wage and other
                information to Community Action to verify the Contractor’s compliance with the
                prevailing wage rates. The Contractor will ensure that all information requested by
                Community Action will be provided in a complete, accurate, and timely manner with
                no omissions, misrepresentations, or other inaccuracies.
             c) Failure of the Contractor to perform any of the requirements stated in this section VI.
                American Recovery and Reinvestment Act: Prevailing Wage, will be consider a
                breach of this contract and may result in termination of this contract as stated in
                Section VI. Other Requirements.


CLAUSE 1. Davis Bacon Requirements

A. Definitions. For purposes of this Clause 1, Clause 2, Contract Work Hours and Safety Standards
Act, and Clause 3, Recipient Functions, the following definitions are applicable:

   (1) Award means the Award by the Department of Energy (DOE) to a Recipient that includes a
   requirement to comply with the labor standards clauses and wage rate requirements of the Davis-
   Bacon Act (DBA) for work performed by all laborers and mechanics employed by Subrecipients,
   Contractors and subcontractors on projects funded by or assisted in whole or in part by and through
   the Federal Government pursuant to the Recovery Act.

   (2) “Construction, alteration or repair” means all types of work done by laborers and mechanics
   employed by the Subrecipient, construction contractor or construction subcontractor on a particular
   building or work at the site thereof, including without limitation—

        (a) Altering, remodeling, installation (if appropriate) on the site of the work of items fabricated
        off-site;

                                                                                                        42
     (b) Painting and decorating; or

     (c) Manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the
     building or work.
(3) Contract means a written procurement contract executed by a Subrecipient for the acquisition of
property and services for construction, alteration, and repair under a Subaward. For purposes of
these Clauses, a Contract shall include subcontracts and lower- tier subcontracts under the Contract.
(4) Contracting Officer means the DOE official authorized to execute awards on behalf of DOE and
who is responsible for the business management and non-program aspects of the financial assistance
process.
(5) Contractor means an entity that enters into a Contract. For purposes of these Clauses,
Contractor shall include subcontractors and lower-tier subcontractors.
(6) Recipient means any entity other than an individual that receives Recovery Act funds in the form
of a grant directly from the Federal Government. This includes the State that receives an Award
from DOE and is financially accountable for the use of any DOE funds or property, and is legally
responsible for carrying out the terms and conditions of the program and Award.


(7) “Site of the work”—

   (a) Means--

       (i) The physical place or places where the construction called for in the Award, Subaward, or
       Contract will remain when work on it is completed; and

       (ii) Any other site where a significant portion of the building or work is constructed, provided
       that such site is established specifically for the performance of the project;(b) Except as
       provided in paragraph (c) of this definition, the site of the work includes any fabrication
       plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc.,
       provided—

            (1) They are dedicated exclusively, or nearly so, to performance of the project; and

             (2) They are adjacent or virtually adjacent to the site of the work as defined in
                paragraphs (7)(a)(i) or (7)(a)(ii) of this definition; and

   (b) Does not include permanent home offices, branch plant establishments, fabrication plants, or
   tool yards of a Contractor or subcontractor whose locations and continuance in operation are
   determined wholly without regard to a particular contract or Federal Award or project. In
   addition, fabrication plants, batch plants, borrow pits, job headquarters, yards, etc., of a
   commercial or material supplier which are established by a supplier of materials for the project
   before opening of bids and not on the Project site, are not included in the “site of the work.”
   Such permanent, previously established facilities are not a part of the “site of the work” even if
   the operations for a period of time may be dedicated exclusively or nearly so, to the performance
   of an Award, Subaward, or Contract.

                                                                                                    43
(8) Subaward means an award of financial assistance in the form of money, or property in lieu of
money, made under an award by a Recipient to an eligible Subrecipient or by a Subrecipient to a
lower- tier subrecipient. The term includes financial assistance when provided by any legal
agreement, even if the agreement is called a contract, but does not include the Recipient’s
procurement of goods and services to carry out the program nor does it include any form of
assistance, which is excluded from the definition of “Award” above.
(9) Subrecipient means a non-Federal entity that expends Federal awards received from a pass-
through entity [Recipient] to carry out a Federal program, but does not include an individual that is a
beneficiary of such a program. This includes a Community Action Agency (CAA), local agency, or
other entity to which a Subaward under the Award is made by a Recipient that includes a
requirement to comply with the labor standards clauses and wage rate requirements of the DBA
work performed by all laborers and mechanics employed by contractors and subcontractors on
projects funded by or assisted in whole or in part by and through the Federal Government pursuant
of the Recovery Act.


B. Davis-Bacon Act

 (1)(a) All laborers and mechanics employed or working upon the site of the work will be paid
unconditionally and not less often than once a week, and without subsequent deduction or rebate on
any account (except such payroll deductions as are permitted by regulations issued by the Secretary
of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe
benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those
contained in the wage determination of the Secretary of Labor which is attached to the Subaward or
Contract and made a part hereof, regardless of any contractual relationship which may be alleged to
exist between the Recipient, a Subrecipient, or Contractor and such laborers and mechanics.

           (i) Applicable to Recipient Only: Prior to the issuance of the Subaward or Contract, the
           Recipient shall notify the Contracting Officer of the site of the work in order for the
           appropriate wage determination to be obtained by the Contracting Officer from the
           Secretary of Labor.

           (ii) If the Subaward or Contract is or has been issued without a wage determination, the
           Recipient shall notify the Contracting Officer immediately of the site of the work under
           the Subaward or Contract in order for the appropriate wage determination to be obtained
           by the Contracting Officer from the Secretary of Labor.

   (b) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section
   1(b)(2) of the DBA on behalf of laborers or mechanics are considered wages paid to such
   laborers and mechanics, subject to the provisions of paragraph B(4) below; 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 period.

   (c) Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe
   benefits in the wage determination for the classification of work actually performed, without


                                                                                                    44
   regard to skill, except as provided in the paragraph entitled Apprentices and Trainees. Laborers
   or mechanics performing work in more than one classification may be compensated at the rate
   specified for each classification for the time actually worked therein; provided that the
   employer’s payroll records accurately set forth the time spent in each classification in which
   work is performed.

   (d) The wage determination (including any additional classifications and wage rates conformed
   under paragraph B(2) of this Clause) and the Davis-Bacon poster (WH-1321) shall be posted at
   all times by the Subrecipient and Contractor at the site of the work in a prominent and accessible
   place where it can be easily seen by the workers.



(2)(a) The Contracting Officer shall require that any class of laborers or mechanics which is not
    listed in the wage determination and which is to be employed under the Subaward or Contract
    shall be classified in conformance with the wage determination. The Contracting Officer shall
    approve an additional classification and wage rate and fringe benefits therefore only when all the
    following criteria have been met:

       (i) The work to be performed by the classification requested is not performed by a
       classification in the wage determination.

       (ii) The classification is utilized in the area by the construction industry.

       (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
       relationship to the wage rates contained in the wage determination.

   (b) If the Subrecipient (and Contractor, when applicable) and the laborers and mechanics to be
   employed in the classification (if known), or their representatives agree on the classification and
   wage rate (including the amount designated for fringe benefits, where appropriate), the
   Subrecipient shall notify the Recipient. The Recipient shall notify the Contracting Officer of this
   agreement. If the Contracting Officer agrees with the classification and wage rate (including the
   amount designated for fringe benefits, where appropriate), a report of the action taken shall be
   sent by the Contracting Officer to the Administrator of the:

       Wage and Hour Division
       Employment Standards Administration
       U.S. Department of Labor
       Washington, DC 20210

   The Administrator or an authorized representative will approve, modify, or disapprove every
   additional classification action within 30 days of receipt and so advise the Contracting Officer or
   will notify the Contracting Officer within the 30-day period that additional time is necessary.

   (c) In the event the Subrecipient (and Contractor, when applicable), and the laborers or
   mechanics to be employed in the classification, or their representatives, do not agree on the


                                                                                                   45
      proposed classification and wage rate (including the amount designated for fringe benefits,
      where appropriate), the Subrecipient shall notify the Recipient. The Recipient shall notify the
      Contracting Officer of the disagreement. The Contracting Officer shall refer the questions,
      including the views of all interested parties and the recommendation of the Contracting Officer,
      to the Administrator of the Wage and Hour Division for determination. The Administrator, or an
      authorized representative, will issue a determination within 30 days of receipt and so advise the
      Contracting Officer or will notify the Contracting Officer within the 30-day period that
      additional time is necessary.

      (d) The wage rate (including fringe benefits, where appropriate) determined pursuant to
      subparagraphs B(2)(b) or B(2)(c) of this Clause shall be paid to all workers performing work in
      the classification under the Award, Subaward, or Contract from the first day on which work is
      performed in the classification.

   (3) Whenever the minimum wage rate prescribed in the Award, Subaward, or Contract for a class of
   laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the
   Subrecipient and Contractor shall either pay the benefit as stated in the wage determination or shall
   pay another bona fide fringe benefit or an hourly cash equivalent thereof.

   (4) If the Subrecipient or Contractor does not make payments to a trustee or other third person, the
   Subrecipient or Contractor may consider as part of the wages of any laborer or mechanic the amount
   of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program;
   provided, that the Secretary of Labor has found, upon the written request of the Subrecipient or
   Contractor that the applicable standards of the Davis-Bacon Act have been met. The Secretary of
   Labor may require the Subrecipient or Contractor to set aside in a separate account assets for the
   meeting of obligations under the plan or program.

C. Rates of Wages

   (1) The minimum wages to be paid laborers and mechanics under the Subaward or Contract involved
   in performance of work at the project site, as determined by the Secretary of Labor to be prevailing
   for the corresponding classes of laborers and mechanics employed on projects of a character similar
   to the contract work in the pertinent locality, are included as an attachment to the Award, Subaward,
   or Contract.

   (2) If the Subaward or Contract has been issued without a wage determination, the Recipient shall
   notify the Contracting Officer immediately of the site of the work under the Subaward or Contract in
   order for the appropriate wage determination to be obtained by the Contracting Officer from the
   Secretary of Labor.

D. Payrolls and Basic Records

   (1) Payrolls and basic records relating thereto shall be maintained by the Recipient, Subrecipient and
   Contractor during the course of the work and preserved for a period of 3 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


                                                                                                      46
rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits
or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act),
daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the
Secretary of Labor has found, under paragraph (4) of the provision entitled Davis-Bacon Act, 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 1(b)(2)(B) of the Davis-Bacon Act,
the Subrecipient or Contractor shall maintain records which show that the commitment to provide
such benefits is enforceable, that the plan or program is financially responsible, and that the plan or
program has been communicated in writing to the laborers or mechanics affected, and records which
show the costs anticipated or the actual cost incurred in providing such benefits. The Subrecipient or
Contractor employing apprentices or trainees under approved programs shall maintain written
evidence of the registration of apprenticeship programs and certification of trainee programs, the
registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable
programs.

(2)(a) The Contractor shall submit weekly for each week in which any Contract work is performed a
copy of all payrolls to the Subrecipient. The Subrecipient shall submit weekly for each week in
which any Subaward or Contract work is performed a copy of all payrolls to the Recipient. The
Recipient shall submit weekly for each week in which any Subaward or Contract work is performed
a copy of all payrolls to the Contracting Officer. The payrolls submitted shall set out accurately and
completely all of the information required to be maintained under paragraph D(1) of this Clause,
except that the full social security numbers and home addresses shall not be included on weekly
transmittals. Instead, the payrolls shall only need to include an individually identifying number for
each employee (e.g., the last four digits of the employee’s social security number). The required
weekly payroll information may be submitted in any form desired. Optional Form WH-347 is
available for this purpose from the Wage and Hour Division Web site at
http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site.

 (b) The Recipient is responsible for the ensuring that all Subrecipients and Contractors submit
 copies of payrolls and basic records as required by paragraph D, Payrolls and Basic Records, of
 this Clause. The Subrecipient is responsible for ensuring all Contractors, including lower tier
 subcontractors submit copies of payrolls and basic records as required by paragraph D, Payrolls
 and Basic Records, of this clause. Subrecipients and Contractors shall maintain the full social
 security number and current address of each covered worker, and shall provide them upon request
 for transmission to the Contracting Officer, the Recipient, or the Wage and Hour Division of the
 Department of Labor for purposes of an investigation or audit of compliance with prevailing wage
 requirements. The Recipient shall also obtain and provide the full social security number and
 current address of each covered worker upon request by the Contracting Officer or the Wage and
 Hour Division of the Department of Labor for purposes of an investigation or audit of compliance
 with prevailing wage requirements. It is not a violation of this section for a Recipient to require a
 Subrecipient or Contractor to provide addresses and social security numbers to the Recipient for its
 own records, without weekly submission to the Contracting Officer.

 (c) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the
 Recipient, Subrecipient or Contractor or his or her agent who pays or supervises the payment of
 the persons employed under the Subaward or Contract and shall certify --


                                                                                                     47
              (i) That the payroll for the payroll period contains the information required to be
              maintained under paragraph D(2)(a) of this Clause, the appropriate information is being
              maintained under paragraph D(1) of this Clause, and that such information is correct and
              complete;

              (ii) That each laborer or mechanic (including each helper, apprentice, and trainee)
              employed on the Subaward or Contract during the payroll period has been paid the full
              weekly wages earned, without rebate, either directly or indirectly, and that no deductions
              have been made either directly or indirectly from the full wages earned, other than
              permissible deductions as set forth in the Regulations, 29 CFR Part 3; and

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

      (d) The weekly submission of a properly executed certification set forth on the reverse side of
      Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of
      Compliance” required by paragraph D(2)(c) of this Clause.

      (e) The falsification of any of the certifications in Paragraph D, Payrolls and Basic Records, of
      this Clause may subject the Recipient, Subrecipient or Contractor to civil or criminal prosecution
      under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code.

   (3) The Recipient, Subrecipient, or Contractor shall make the records required under paragraph D(1)
   of this Clause available for inspection, copying, or transcription by the Contracting Officer,
   authorized representatives of the Contracting Officer, or the Department of Labor. The Subrecipient
   or Contractor shall permit the Contracting Officer, authorized representatives of the Contracting
   Officer or the Department of Labor to interview employees during working hours on the job. If the
   Recipient, Subrecipient, or Contractor fails to submit the required records or to make them available,
   the Contracting Officer may, after written notice to the Recipient, Subrecipient, or Contractor 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.

E. Withholding of Funds

   (1) The DOE Contracting Officer shall, upon his or her or its own action or upon written request of
   an authorized representative of the Department of Labor, withhold or cause to be withheld from the
   Recipient or any other contract or Federal Award with the same Recipient, on this or any other
   federally assisted Award subject to Davis-Bacon prevailing wage requirements, which is held by the
   same Recipient so much of the accrued payments or advances as may be considered necessary to pay
   laborers and mechanics, including apprentices, trainees, and helpers, employed by the Subrecipient
   or a Contractor the full amount of wages required by the Award or Subaward or a Contract. In the
   event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper,
   employed or working on the site of the work, all or part of the wages required by the Award or


                                                                                                        48
   Subaward or a Contract, the Contracting Officer may, after written notice to the Recipient 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.

   (2) The Recipient shall, upon its own action or upon written request of the DOE Contracting Officer
   or an authorized representative of the Department of Labor, withhold or cause to be withheld from
   any Subrecipient or Contractor so much of the accrued payments or advances as may be considered
   necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by
   the Subrecipient or Contractor the full amount of wages required by the Subaward or Contract. In
   the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper,
   employed or working on the site of the work, all or part of the wages required by the Subaward or
   Contract, the Recipient may, after written notice to the Subrecipient or Contractor, 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 or the Government may cause the suspension of any further
   payment under any other contract or Federal award with the same Subrecipient or Contractor, on any
   other federally assisted Award subject to Davis-Bacon prevailing wage requirements, which is held
   by the same Subrecipient or Contractor.

F. Apprentices and Trainees

   (1) Apprentices.

      (a) An apprentice will be permitted to work at less than the predetermined rate for the work they
      performed when they are employed—

              (i) Pursuant to and individually registered in a bona fide apprenticeship program
              registered with the U.S. Department of Labor, Employment and Training Administration,
              Office of Apprenticeship and Training, Employer, and Labor Services (OATELS) or with
              a State Apprenticeship Agency recognized by the OATELS; or

              (ii) In the first 90 days of probationary employment as an apprentice in such an
              apprenticeship program, even though not individually registered in the program, if
              certified by the OATELS or a State Apprenticeship Agency (where appropriate) to be
              eligible for probationary employment as an apprentice.

      (b) The allowable ratio of apprentices to journeymen on the job site in any craft classification
      shall not be greater than the ratio permitted to the Subrecipient or Contractor as to the entire
      work force under the registered program.

      (c) Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise
      employed as stated in paragraph F(1) of this Clause, shall be paid not less than the applicable
      wage determination for the classification of work actually performed. In addition, any
      apprentice performing work on the job site in excess of the ratio permitted under the registered
      program shall be paid not less than the applicable wage rate on the wage determination for the
      work actually performed.



                                                                                                     49
   (d) Where a Subrecipient or Contractor is performing construction on a project in a locality other
   than that in which its program is registered, the ratios and wage rates (expressed in percentages
   of the journeyman’s hourly rate) specified in the Subrecipient’s or Contractor’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
   journeyman hourly rate specified in the applicable wage determination.

   (e) Apprentices shall be paid fringe benefits in accordance with the provisions of the
   apprenticeship program. If the apprenticeship program does not specify fringe benefits,
   apprentices must be paid the full amount of fringe benefits listed on the wage determination for
   the applicable classification. If the Administrator determines that a different practice prevails for
   the applicable apprentice classification, fringes shall be paid in accordance with that
   determination.

   (f) In the event OATELS, or a State Apprenticeship Agency recognized by OATELS, withdraws
   approval of an apprenticeship program, the Subrecipient or Contractor will no longer be
   permitted to utilize apprentices at less than the applicable predetermined rate for the work
   performed until an acceptable program is approved.

(2) Trainees.

   (a) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the
   predetermined rate for the work performed unless they are employed pursuant to and
   individually registered in a program which has received prior approval, evidenced by formal
   certification by (OATELS). The ratio of trainees to journeymen on the job site shall not be
   greater than permitted under the plan approved by OATELS.

   (b) Every trainee must be paid at not less than the rate specified in the approved program for the
   trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in
   the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the
   provisions of the trainee program. If the trainee program does not mention fringe benefits,
   trainees shall be paid the full amount of fringe benefits listed in the wage determination unless
   the Administrator of the Wage and Hour Division determines that there is an
   apprenticeship/training program associated with the corresponding journeyman wage rate in the
   wage determination which provides for less than full fringe benefits for apprentices. Any
   employee listed on the payroll at a trainee rate who is not registered and participating in a
   training plan approved by the OATELS shall be paid not less than the applicable wage rate in the
   wage determination for the classification of work actually performed. In addition, any trainee
   performing work on the job site in excess of the ratio permitted under the registered program
   shall be paid not less than the applicable wage rate in the wage determination for the work
   actually performed.

   (c) In the event OATELS withdraws approval of a training program, the Subrecipient or
   Contractor will no longer be permitted to utilize trainees at less than the applicable
   predetermined rate for the work performed until an acceptable program is approved.



                                                                                                     50
   (3) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under
   this Clause shall be in conformity with the equal employment opportunity requirements of Executive
   Order 11246, as amended, and 29 CFR Part 30.

G. Compliance with Copeland Act Requirements

The Recipient, Subrecipient or Contractor shall comply with the requirements of 29 CFR Part 3 which
are hereby incorporated by reference in the Award, Subaward or Contract.



H. Subawards and Contracts

   (1) The Recipient, the Subrecipient and Contractor shall insert in the Subaward or any Contracts this
   Clause entitled “Davis Bacon Act Requirements” and such other clauses as the Contracting Officer
   may require. The Recipient shall be responsible for ensuring compliance by any Subrecipient or
   Contractor with all of the requirements contained in this Clause. The Subrecipient shall be
   responsible for the compliance by Contractor with all of the requirements contained in this Clause.

 (2) Within 14 days after issuance of a Subaward, the Recipient shall deliver to the Contracting Officer a
completed Standard Form (SF) 1413, Statement and Acknowledgment, for each Subaward and Contract
for construction within the United States, including the Subrecipient’s and Contractor’s signed and dated
acknowledgment that this Clause) has been included in the Subaward and any Contracts. The SF 1413 is
available            from           the            Contracting           Officer           or           at
http://contacts.gsa.gov/webforms.nsf/0/70B4872D16EE95A785256A26004F7EA8/$file/sf1413_e.pdf.
Within 14 days after issuance of a Contract or lower- tier subcontract, the Subrecipient shall deliver to
the Recipient a completed Standard Form (SF) 1413, Statement and Acknowledgment, for each Contract
and lower-tier subcontract for construction within the United States, including the Contractor and lower-
tier subcontractor’s signed and dated acknowledgment that this Clause has been included in any
Contract and lower- tier subcontracts. SF 1413 is available from the Contracting Officer or at
http://contacts.gsa.gov/webforms.nsf/0/70B4872D16EE95A785256A26004F7EA8/$file/sf1413_e.pdf.
The Recipient shall immediately provide to the DOE Contracting Officer the completed Standard Forms
(SF) 1413.


I. Contract Termination -- Debarment

A breach of these provisions may be grounds for termination of the Award, Subaward, or Contract and
for debarment as a Contractor or subcontractor as provided in 29 CFR 5.12.

J. Compliance with Davis-Bacon and Related Act Regulations

All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and
5 are hereby incorporated by reference in the Award, Subaward or Contract.

K. Disputes Concerning Labor Standards

                                                                                                       51
The United States Department of Labor has set forth in 29 CFR Parts 5, 6, and 7 procedures for
resolving disputes concerning labor standards requirements. Such disputes shall be resolved in
accordance with those procedures and shall not be subject to any other dispute provision that may be
contained in the Award, Subaward, and Contract. Disputes within the meaning of this Clause include
disputes between the Recipient, Subrecipient (including any Contractor) and the Department of Energy,
the U.S. Department of Labor, or the employees or their representatives.

L. Certification of Eligibility.

(1) By entering into this Award, Subaward, or Contract (as applicable), the Recipient, Subrecipient, or
Contractor, respectively certifies that neither it (nor he or she) nor any person or firm who has an
interest in the Recipient, Subrecipient, or Contractor’s firm, is a person, entity, or firm ineligible to be
awarded Government contracts or Government awards by virtue of section 3(a) of the Davis-Bacon Act
or 29 CFR 5.12(a)(1).

(2) No part of this Award, Subaward or Contract shall be subcontracted to any person or firm ineligible
for award of a Government contract or Government award by virtue of section 3(a) of the Davis-Bacon
Act or 29 CFR 5.12(a)(1).

(3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

M. Approval of Wage Rates

All straight time wage rates, and overtime rates based thereon, for laborers and mechanics engaged in
work under an Award, Subaward or Contract must be submitted for approval in writing by the head of
the federal contracting activity or a representative expressly designated for this purpose, if the straight
time wages exceed the rates for corresponding classifications contained in the applicable Davis-Bacon
Act minimum wage determination included in the Award, Subaward or Contract. Any amount paid by
the Subrecipient or Contractor to any laborer or mechanic in excess of the agency approved wage rate
shall be at the expense of the Subrecipient or Contractor and shall not be reimbursed by the Recipient or
Subrecipient. If the Government refuses to authorize the use of the overtime, the Subrecipient or
Contractor is not released from the obligation to pay employees at the required overtime rates for any
overtime actually worked.



CLAUSE 2. Contract Work Hours and Safety Standards Act

This Clause entitled “Contract Work Hours and Safety Standards Act (CWHSSA)” shall apply to any
Subaward or Contract in an amount in excess of $100,000. As used in this CWHSSA Clause, the terms
laborers and mechanics include watchmen and guards.

  A. Overtime requirements. No Subrecipient or Contractor contracting for any part of the Subaward
  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 he or she is employed on such work to work
  in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a


                                                                                                         52
rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty
hours in such workweek.

B. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause
set forth in paragraph B herein, the Subrecipient or Contractor responsible therefore shall be liable for
the unpaid wages. In addition, such Subrecipient or Contractor shall be liable to the United States (in
the case of work done under a Subaward or Contract for the District of Columbia or a territory, to such
District or to such territory), for liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic, including watchmen and guards, employed in violation
of the provision set forth in CWSSHA paragraph A, 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 forty hours
without payment of the overtime wages required by the clause set forth in paragraph (A) of this
section.

C. Withholding for unpaid wages and liquidated damages.

       (1) The DOE Contracting Officer shall upon its own action or upon written request of an
       authorized representative of the Department of Labor withhold or cause to be withheld, from
       any moneys payable on account of work performed by the Recipient on this or any other
       Federal Award or Federal contract with the same Recipient on any other federally-assisted
       Award or contract subject to the CWHSSA, which is held by the same Recipient such sums as
       may be determined to be necessary to satisfy any liabilities of such Recipient for unpaid wages
       and liquidated damages as provided in the clause set forth in CWHSSA, paragraph B of this
       Clause.


       (2) The Recipient shall, upon its own action or upon written request of the DOE Contracting
       Officer or an authorized representative of the Department of Labor, withhold or cause from any
       moneys payable on account of work performed by the Subrecipient or Contractor on this or any
       other federally assisted subaward or contract subject to the CWHSSA, which is held by the
       same Subrecipient or Contractor such sums as may be determined to be necessary to satisfy
       any liabilities of such Subrecipient or Contractor for unpaid wages and liquidated damages as
       provided in clause set forth in CWHSSA, paragraph B of this Clause.

D. Subcontracts. The Subrecipient shall insert in a Contract and a Contractor shall insert in any lower
tier subcontracts, the clauses set forth in these CWHSSA paragraphs (A) through (D) and also a
provision requiring the Contractors to include this CWHSSA Clause in any lower tier subcontracts.
The Recipient shall be responsible for compliance by any Subrecipient or Contractor, with the
CWHSSA paragraphs A through D. The Subrecipient shall be responsible for compliance by any
Contractor (including lower- tier subcontractors).

E. The Subrecipient or Contractor shall maintain payrolls and basic payrolls in accordance with
Clause 1, Davis- Bacon Act Requirements, for all laborers and mechanics, including guards and
watchmen working on the Subaward or Contracts. These records are subject to the requirements set
forth in Clause 1, Davis Bacon Requirements.



                                                                                                          53
CLAUSE 3. RECIPIENT FUNCTIONS

      (1) On behalf of the Department of Energy (DOE), Recipient shall perform the following
      functions:


         (j) Obtain, maintain, and monitor all DBA certified payroll records submitted by          the
             Subrecipients and Contractors at any tier under this Award;
         (k) Review all DBA certified payroll records for compliance with DBA requirements,
             including applicable DOL wage determinations;
         (l) Notify DOE of any non-compliance with DBA requirements by Subrecipients or
             Contractors at any tier, including any non-compliances identified as the result of reviews
             performed pursuant to paragraph (b) above;
         (m) Address any Subrecipient’ and any Contractor DBA non-compliance issues; if DBA non-
             compliance issues cannot be resolved in a timely manner, forward complaints, summary
             of investigations and all relevant information to DOE;
         (n) Provide DOE with detailed information regarding the resolution of any DBA non-
             compliance issues;
         (o) Perform services in support of DOE investigations of complaints filed regarding
             noncompliance by Subrecipients and Contractors with DBA requirements;
         (p) Perform audit services as necessary to ensure compliance by Subrecipients and
             Contractors with DBA requirements and as requested by the Contracting Officer;
         (q) As part of maintaining the payroll records, it will not be necessary for the Recipient to
             forward a copy of payroll records to the Contracting Officer under Clause 1 (D)(2)(a);
             and
         (r) Provide copies of all records upon request by DOE or DOL in a timely manner.


(2)       All records maintained on behalf of the DOE in accordance with paragraph (1) above are
      federal government (DOE) owned records. DOE or an authorized representative shall be granted
      access to the records at all times.
      (3) In the event of, and in response to any Freedom of Information Act, 5 U.S.C. 552,
          requests submitted to DOE, Recipient shall provide such records to DOE within 5 business
          days of receipt of a request from DOE.




                                                                                                    54
        Weatherization                                     Hourly Wage
        Job Classifications                                 And Fringe
                                                           Determination
VII.
                                Barry           Branch              Calhoun        St. Joseph
                               (wage +       (wage + fringe)        (wage +         (wage +
                                fringe)                              fringe)         fringe)

        Weatherization        $12.88      + $12.88 + 5.64        $12.88 + 5.64   $12.88 + 5.64
                              5.64
        Worker

        Doors & Windows       $12.85      + $12.88 + 5.64        $12.88 + 5.64   $12.88 + 5.64
                              5.64
        Weatherization
        Worker

        HVAC/Furnace/     $16.62          + $16.62 + 6.73        $16.62 + 6.73   $22.88 + 6.05
        Heating & Cooling 6.73
        Mechanic

        Carpenter             $7.25          $8.72               $14.29 + 3.33   $8.72

        Electrician           $7.25          $11.43              $20.91 + 3% + $11.43
                                                                 7.41

        Plumber               $8.00          $11.99              $22.63        + $11.99
                                                                 14.27

        Sheet Metal Worker    $7.73          $10.64              $12.34 + 3.88   $10.64

        Roofer                $7.25                  See         $10.94               See
                                              Addendum F                         Addendum F

       OTHER REQUIREMENTS
       The CONTRACTOR hereby acknowledges receipt of the “DHS/CSBG/Wx Definition,
       Standards, and Specifications for a Weatherized House” (Attachment A) as provided by the
       AGENCY. In addition, the CONTRACTOR hereby agrees to comply with all the specifications,
       requirements, terms and similar materials contained in that document.
       1. Temporary Suspension of CONTRACTOR (Force Majeure):



                                                                                                 55
       a. If, at any time during the period covered by this Contract, the desired program as set
          forth in the proposal, in the opinion of the AGENCY, cannot be continued in such a
          manner as to adequately fulfill the intent of statute or regulations, due to act of God,
          strike, or other disaster, the AGENCY may, at its discretion, upon two (2) days
          written notice to the CONTRACTOR, suspend the Contract indefinitely, until the
          interference due to the above mentioned act of God, disaster, or other danger has
          passed, at which time, upon two (2) days written notice being received and concurred
          in by the AGENCY at its discretion, the Contract shall be reinstated and thereafter
          remain in effect until the program period stated in terms of actual duration of days has
          been fulfilled.
       b. During the term of suspension, the AGENCY and CONTRACTOR shall retain and
          hold available any and all funds approved for application to the Contract and shall
          not, during this period, otherwise expend or apply them, the funds to be held in
          readiness for the immediate reinstitution of this Contract.
2. Termination or Suspension (For Cause):
       a. If through any cause the CONTRACTOR shall fail to fulfill in a timely and proper
          manner its obligations under this Contract, or in the event of violation of any of the
          covenants contained herein, the AGENCY shall thereupon have the right to terminate
          or suspend this Contract by giving written notice in the form of a certified letter to the
          CONTRACTOR by specifying the rationale for the decision and the effective date of
          determination or suspension. In such event all records, unused monies, and such
          amounts as may have been expended contrary to the terms of this Contract shall be
          turned over to the AGENCY.
       b. Not withstanding the above, the CONTRACTOR shall not be relieved of liability to
          the AGENCY for damages sustained by the AGENCY by virtue of any breach of this
          Contract by the CONTRACTOR, and the AGENCY may withhold any payments
          hereunder until such time as the exact amount of reimbursement due the AGENCY
          from the CONTRACTOR is determine.
3. Termination (For Convenience): The AGENCY or CONTRACTOR may terminate this
   Contract at any time by giving written notice to the other party of such termination and
   specifying the effective date thereof, at least ten (10) days before the effective date of such
   termination.
4. Training:     The CONTRACTOR and his employees shall be familiar with the
   “DHS/CSBG/Wx Definitions, Standards, and Specifications for a Weatherized House,” and
   shall participate in training as required by the AGENCY and/or Department of Human
   Services/Community Services Block Grant/Weatherization. The CONTRACTOR and his
   workers shall participate in required training deemed necessary by the state. Community
   Action may reimburse contractor for costs/fees associated with required trainings.
   Community Action must approve all costs/fees associated with the trainings, in writing, prior
   to attending and reimbursing the contractor for training.
5. Civil Rights and Other Laws: The Contractor shall not discriminate against any employee or
   applicant for employment with respect to hire, tenure, terms, conditions, or privileges of
   employment, or a matter directly or indirectly related to employments, or applicant for


                                                                                                 56
   services provided by these funds because of race, color, religion, national origin, age, sex,
   height, weight, mental characteristics, political affiliation, arrest record or marital status
   pursuant to 1976 P>A> 453, Section 209. The Contractor shall also comply with the
   provisions of the Michigan Handicappers Civil Rights Act, 1976, P.A. 220 and the Federal
   Rehabilitation Act of 1973, P.L. 93-112, 87 Stat. 394 which states that no employee or client
   or otherwise qualified handicapped individual shall, solely by reason of his handicap, be
   excluded from participation, be denied the benefits of, or be subjected to discrimination
   under any program or activity receiving Federal financial assistance. Further, the Contractor
   shall comply with all other Federal, State, or local laws, regulations, and standards, and any
   amendments thereto as they may apply to the performance of this Contract.
6. Confidentiality: The use or disclosure of information concerning services, applicants, or
   recipients obtained in connection with the performance of this Contract, shall be restricted to
   purposes directly connected with the administration of the services provided under this
   Contract.
7. Certification Regarding Debarment, Suspension and other Responsibility Matters


The Contractor certifies that they and their principals:
       a. Are not presently debarred, suspended, or proposed for debarment, declared
          ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or
          voluntarily excluded from covered transactions by any Federal or State department or
          agency.
       b. Have not within a three-year period preceding this Contract been convicted of or had
          civil judgment rendered against them for commission of fraud or a criminal offense in
          connections 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 statues or commission of embezzlement, theft, forgery, bribery,
          falsification or destruction of records, making false statements, or receiving stolen
          property.
       c. Are not presently indicated for or otherwise criminally or civilly charged by a
          governmental entity (Federal, State, or local) with commission of any of the offenses
          enumerated in 28 CFR 67, etsec
       d. Have not within a three year period preceding this Contract had one or more public
          transactions (Federal, State, or local) terminated for cause and default.


8. Criminal Background Check
   As a condition of this contract, the Contractor and all sub-contractors/employees of the
   Contractor shall perform the following requirements:
       a. The Contractor will ensure that a Criminal Conviction History Inquiry Consent Form,
          National Sex Offender Public Registry Inquiry Consent Form, and Residency and
          Criminal History Declaration Form be completed for each owner or employee who



                                                                                                57
           will work directly with clients under this contract, who will work in client homes
           under this contract, or who will have access to client information under this contract.
       b. The Contractor will ensure that all of the required Inquiry Consent Forms are
          submitted to COMMUNITY ACTION at the time of contract signing and
          immediately upon hiring and/or assigning a new owner or employee to any work
          related to this contract.
       c. The Contractor will notify COMMUNITY ACTION immediately in writing of any
          new or additional owner or employee criminal felony convictions, criminal
          misdemeanor convictions, and/or pending felony charges.
       d. COMMUNITY ACTION will conduct all Criminal Conviction History Inquiries and
          National Sex Offender Public Registry Inquiries. If these Inquiries or the Residency
          and Criminal History Declaration Form indicate any criminal conviction (s) or other
          areas of concern, COMMUNITY ACTION will review the information and
          determine whether the conviction (s) or concern(s) may or may not be detrimental to
          COMMUNITY ACTION and COMMUNITY ACTION’s clients. COMMUNITY
          ACTION will then determine if the owner or employee is eligible for ineligible to
          perform any work related to this contract, to include working directly with clients,
          working in client homes, or having access to client information under this contract.
       e. COMMUNITY ACTION will notify the Contractor of any owner or employees who
          is ineligible to perform any work related to this contract.
       f. The Contractor certifies that any owner or employee determined by COMMUNITY
          ACTION to be ineligible to work directly with clients, work in client homes, or have
          access to client information under this contract will not be permitted to do so
          immediately upon receipt of this notification from COMMUNITY ACTION.


9. Evaluations: A COMMUNITY ACTION staff person shall evaluate the CONTRACTOR at
   least once a year. Contractor must have an acceptable evaluation in order to be considered
   for an extension to this contract. An unacceptable evaluation is cause for termination of this
   contract and possible future contracts with Community Action.


10. Amendments: This Contract shall not be subject to any alteration, amendment, extension, or
    recession by any previous, contemporary or subsequent purported written, oral statement or
    agreement except as the AGENCY may order pursuant to this section of the Contract; except,
    however, this amendment, alteration, extension or recession subsequent to the effective date
    of the Contract will be effective to the extent to which a properly submitted amended
    proposal or request for recession or extension is consider, approved and made a part hereof
    by the AGENCY.


11. Any contractor chosen to perform work for Community Action, must complete a Community
    Action Contractors Packet prior to beginning work.




                                                                                               58
12. PAYMENT
  The AGENCY will pay the CONTRACTOR for performance of the Contract in the
  amount(s) set forth in the Request for Qualifications.


     No payment shall be made until after final inspection and approval of the work by the
     AGENCY and its client. Acceptance of faulty work or failure to discover defects will not
     relieve the CONTRACTOR of responsibility as set forth herein. The CONTRACTOR
     shall participate with the AGENCY in determining reasonable corrective measures (work
     not completed or not up to DHS standards) that may be necessary. The CONTRACTOR
     will proceed to complete such reasonable corrective measures within one (1) week of
     notification at the CONTRACTOR’s expense.


     Additional work required following post-inspection of the job shall be completed within
     one (1) week of notification.


  PAYMENT PROCESS
     The CONTRACTOR shall submit an invoice and the Proceed Order upon completing all
     work on the client’s dwelling. All invoices must be received within 15 days of
     completion of work and must be received not later than September 30th for any work
     performed between October 1 and September 30 of the previous/current year. The
     invoice shall be signed and shall include the following (as applicable):
  Contractor’s Name
  Contractor’s Address
  Contractor’s Business Phone Number
  Invoice Number
  Invoice Date
  Client’s Job Number
  Client’s Name
  Client’s Address
  Labor Costs
  Material Costs
  Breakdown by cost, work done
  Approved permit by the local jurisdiction


  The invoice shall be billed to:
  Community Action


                                                                                          59
           Invoice
           4551 W. Dickman
           Battle Creek, MI 49037
           The AGENCY will issue payment to the CONTRACTOR upon receipt of invoices and
           satisfactory post inspection of work within thirty (30) days.
           The Weatherization Contractor shall return the job file when work is completed. Post
           inspection will be scheduled and upon approval of all work and receipt of necessary invoices
           payment will be made within 30 days.
        13. REPORTS AND DOCUMENTS:
           The CONTRACTOR shall complete and return all reports and documents to the AGENCY
           prepared by the CONTRACTOR in a timely manner for each job completed. Including all
           necessary DOL paperwork for units funded with ARRA funds. The CONTRACTOR is
           responsible for filling out and turning in any documents required by the Davis Bacon Act.
           CONTRACTOR will provide AGENCY with current cellular phone number and agrees to be
           contacted by cellular phone number during normal business hours.

        14. Entire Agreement

         This contract, when signed by the AGENCY and the CONTRACTOR, constitutes the full and
        complete understanding of all parties and may not be in any manner interpreted or fulfilled in
        contradiction of its expressed terms as provided herein.


N WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed in two (2)
original copies on the day and year first above written.


Community Action
Agency                                             Contractor


BY:                                                BY:


POSITION:                                          POSITION:


DATE:                                              DATE:


ATTEST:                                            ATTEST:




                                                                                                    60
Addendum C
                                           Community Action
                                             Appeals Process


If you have not been selected as a contractor for the Weatherization program through Community
Action and believe that you can document that you are eligible, you have the right to appeal utilizing the
following procedure:


               1.    All applicants’ bid packages will be reviewed by a contractor selection
               committee. Each contractor applying to work with the COMMUNITY ACTION
               Weatherization program will receive either an award letter or a denial letter.
               2.    If you do not agree with the Final Decision, you have the right to appeal within 10
               working days of receipt of denial, determined by US Post Mark.
               3.     The appeal must be in writing and clearly state any extenuating circumstances the
               vendor feels would reinforce their position.
               4.      The Protest Format must contain the following information as failure to furnish
               this information may result in the agency refusal to consider the protest.
                        a. Notice of protest and specific reasons for filing the protest.
                        b. Statement indicating that this is a protest letter.
                        c. A detailed statement of the grounds for protest.
                        d. A specific request for a ruling by the protest committee and a statement of
                           the relief requested.


               5.     The CEO, CFO and Director of Support Services will review the letter of appeal.
               A ruling will be issued within 15 working days of receipt of appeal. There is no appeal
               for RFQs filed late, or incomplete.
               6.      If after receiving the decision from the Members you still do not agree with the
               decision, you have the right to appeal the decision to the appropriate funding source
               within ten working days of receipt of the decision.




                                                                                                       61
Addendum D


                                  Community Action



      Weatherization Specification and Price Quote



      Contractor Name:
      _______________________________________



      All work shall comply with the DHS Bureau of
      Community Action and Economic
      Opportunity Technical Division's Technical
      Weatherization Policy Manual,
      Weatherization Field Manual, State and local
      codes.

      All materials used in provision of services must
      meet or exceed 10 CFR 440 Appendix A:
      "Standards for Weatherization Services".

                          Crews                          Number of Hourly Rate    Rate per
                                                          People    Per Crew        Hour
                                                                                 Travel Time

      Crew #1

      Crew #2

      Crew #3




                                                                                           62
Addendum E
                                            Signature Page


        I have reviewed the requirements in the attached contract and agree that these provisions will be
met.


Offeror initials: __________


________________________________________            ______________________________
Signature                                           Company Name


________________________________________            ______________________________
Print Name                                          Company Address


________________________________________            ______________________________
Title                                               City                   State Zip


________________________________________            ______________________________
Telephone #                                         Fax #


________________________________________            ______________________________
Federal Tax ID#                                     Email Address


________________________________________            ______________________________
Builders License #                                  Mechanical License #


I certify that the above statements are true and correct, and they may be verified by COMMUNITY
ACTION, Inc at its discretion. I also understand that my signature signifies that I am aware of the fact
that the above information and any additional related information will be considered in determining
whether I will be eligible or ineligible to perform any work related to the contract that exists between
COMMUNITY ACTION, Inc and the Offeror.
The above individual is authorized to sign on behalf of company submitting quotation.



                                                                                                      63
                                               Addendum F
                               CONFORMANCE PROCEDURES


After contract award, if the contract wage determination does not contain a class of workers that is
needed to complete the construction, a contractor shall submit to the contracting officer a request for the
addition of the needed classification(s) of laborers or mechanics not listed in the wage determination,
together with proposed wage rates and fringe benefits conformable to the wage determination.

The contracting officer shall require that any class of laborers or mechanics which is not listed in the
wage determination and which is to be employed under the contract be classified in conformance with
the wage determination. An additional classification action, even if undisputed, is not valid unless
the Department of Labor has approved it. If a dispute exists, the matter must be referred to the
Wage and Hour Division for resolution, together with the views of all interested parties and the
recommendation of the contracting officer. Approval of the additional classification and the proposed
wage rate and fringe benefits requires that the following criteria have been met:

(1) The work to be performed by the classification requested is not performed by any classification in
the wage determination; and

(2) The classification is utilized in the area by the construction industry; and

(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to
the wage rates contained in the wage determination; and

(4) There is evidence of agreement on the classification and proposed wage rate among the parties
involved, or the views of those involved -- the contractor(s), employees (if known) or their
representative, and the contracting officer/agency -- are forwarded for consideration to the Wage and
Hour Division; and

(5) The request does not involve wage rates for apprentices or trainees.

All conformance notices should be responded to in writing within 30 days of receipt. These responses
either approve or deny the request or inform the submitting agency that additional time will be required.
Failure to receive a response does not constitute approval. If a response is not received, the Wage and
Hour Division should be contacted directly. Every conformance request is analyzed to verify that the
criteria for approval are met.

Any interested person requesting reconsideration of a conformance should present their request in
writing accompanied by supporting data or other pertinent information to the Wage and Hour Division.
The Wage and Hour Division should respond within 30 days or notify the requester within this time
frame that additional time is needed.

If reconsideration of a conformance action has been sought and denied, an appeal for review may be
filed with the Administrative Review Board. (See 29 CFR 1.8 and 1.9, and 29 CFR Part 7.)


                                                                                                        64
65
                                     List of Addendums


Addendum A:        Contractor Information/Application Form
             1. Attachment A to Addendum A: Certification Regarding Debarment, Suspension,
                and Other Responsibility Matters
             2. Attachment B to Addendum A: National Sex Offender Public Registry Inquiry
                Consent Form
             3. Attachment C to Addendum A: Residency and Criminal History Declaration Form


Addendum B: Contract for Services


Addendum C: Appeals Process


Addendum D: Weatherization Price Quote Form


Addendum E: Signature Page


Addendum F: Conformance Procedures




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