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CFDA NO. 14.218 COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT CONTRACT # 10-14 This Contract is entered into by homeWORD, a Montana non-profit corporation (the Grantee), and the City of Missoula, Montana, (the City). The Grantee and the City agree to the following terms: 1. PURPOSE The purpose of this Contract is to provide funding for project activities approved by the City under the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Program. 2. APPLICATION INCORPORATED BY REFERENCE The Grantee's application for CDBG assistance is incorporated into this Contract by this reference and the representations made in the application are binding upon the Grantee. 3. ACCEPTANCE OF CDBG PROGRAM REQUIREMENTS The Grantee will comply with all applicable parts of Title I of the Housing and Community Development Act of 1974, as amended; the applicable Department of Housing and Urban Development (HUD) regulations in 24 CFR Part 570, as now in effect or as they may be amended during the term of this contract; all requirements established by the City; applicable State and federal laws, regulations, administrative directives and procedures; and local ordinances and resolutions. The Grantee agrees that all contracts entered into by it for the completion of the activities described in Section 5 of this Contract will contain special provisions requiring contractors to comply with all applicable state and federal requirements. CDBG Supplemental General Conditions and Federal Labor Standards Provisions are included as Attachment D to this Contract, which by this reference is made a part of this Contract. The Grantee expressly agrees to repay to the City any funds advanced to the Grantee under this Contract which the Grantee, its subcontractors or subrecipient entities, or any public or private agent or agency to which it delegates authority to carry out portions of this Contract expends in violation of the terms of this Contract or the federal statutes and regulations governing the CDBG Program. 4. EFFECTIVE DATE AND TIME OF PERFORMANCE This Contract takes effect upon execution by the parties and will terminate upon completion of the final project closeout by the City. The activities to be performed by the Grantee will be completed according to the implementation schedule included as Attachment C to this Contract, which by this reference is made a part of this Contract. ---PAGE BREAK--- 2 5. SCOPE OF ACTIVITIES The Grantee will engage in the activities set forth in the Grantee's application for CDBG grant assistance. The major components of the project include: Will conduct site improvements, including sidewalk installation, landscaping, and connection of utilities at the Solstice Housing Project at 1535 Liberty Lane. Will provide 34 affordable rental housing units. Will provide said housing to occupants whose incomes are at or below 80% of the local median income, as determined by the US Department of Housing and Urban Development (HUD), at costs within HUD's guidelines for affordability. Will provide security for the City's financial interest in the subject property in the form of a Trust Indenture included as Attachment B until such time that the housing units are occupied according to the terms herein. Will comply with applicable codes, regulations and standards, including those contained in the Americans with Disabilities Act (ADA), in the modifications to the above-referenced facility. Will make requests for payment based on invoices submitted and documented completion of construction components. Will provide reports to the City of Missoula on prescribed forms and including family size and income information for all program participants. 6. BUDGET The total amount of this Contract will not exceed $100,000.00. A copy of the project budget is included as Attachment A to this Contract, and by this reference is made a part of this Contract and binding upon the Grantee. Budget adjustments must be approved in advance by the City. For adjustments between line items of the CDBG portion of Attachment A, in an amount not to exceed $1,000, City approval of the Request for Payment form will constitute approval of the budget adjustment. The Grantee must describe the rationale for a budget adjustment in the Project Progress Report and the adjustments noted in the Request for Payment and Status of Funds Report submitted with draws against the grant funding reserve. Budget adjustments in excess of $1,000 are subject to written City approval. 7. AMOUNT OF GRANT AND METHOD OF PAYMENT The City will pay to the Grantee funds available under this Contract upon approval by the City of the Grantee's Request for Payment. The City may agree to make advance payments to the Grantee for activities set forth in Section 5. SCOPE OF ACTIVITIES upon satisfactory demonstration of need as presented by the Grantee and approved by the City. In expending funds advanced by the City, the Grantee will limit expenditures to those included in the Request for Payment and expressly approved by the City. The City will reimburse the Grantee for approved, eligible and necessary expenses according to the documentation submitted by the Grantee to support the expenditures. The City will not reimburse the Grantee for any expenses not included in the approved budget or not clearly and accurately supported by the Grantee's records. Any authorized funds not expended under this ---PAGE BREAK--- 3 grant will revert to the City and will be used to finance other CDBG projects. The reimbursement of eligible costs incurred is contingent upon the Grantee's completion of Section 15. SPECIAL PROJECT START UP CONDITIONS. In the event the Grantee is unable to comply with the terms and the conditions of this Contract, any costs incurred will be the Grantee's sole responsibility. If the actual total cost of completing the project is less than has been projected by the Grantee in the budget (Attachment the City may, at its discretion, reduce the amount to be provided under this Contract in proportion to the overall savings. If the City determines that the Grantee has failed to satisfactorily carry out its responsibilities under this Contract, the City may revoke the Grantee's authority to draw against the reservation described in this Contract until the City and the Grantee agree on a plan to remedy the deficiency. The City reserves the right to withdraw a commitment for any CDBG funds which remain unobligated 24 months after the date of execution of this Contract. During construction, to better ensure that all contract performance issues, including but not limited to ensuring appropriate contract required performance and payments occur pursuant to the construction contract, a monetary retainage of $5,000.00 constituting five percent of the total contract price of $100,000.00 shall be withheld until satisfactory completion and written acceptance of the construction project has occurred. During the construction, the City may, in reviewing the progress and workmanship of the construction contractors, reduce or release portions of the retainage if justifiable grounds exist for doing so; conversely the City may maintain or increase the retainage dollar amount as is deemed necessary as part of the review of the progress and workmanship of the construction project. The City will retain $5,000.00 of the grant award until the City issues its CDBG project completion report. 8. LIAISON Mike Barton, Grants Administrator in the Missoula Office of Planning and Grants (OPG), is the City's liaison with the Grantee regarding all administrative and technical matters concerning this Contract. Heather McMilin is the Grantee's liaison with the City for administrative and technical matters. 9. OWNERSHIP AND PUBLICATION OF MATERIALS All reports, information, data, and other materials prepared by any contractor or subcontractor pursuant to this Contract are to be the property of the Grantee and the City which have exclusive and unrestricted authority to release, publish or otherwise use, in whole or in part, information relating thereto. No material produced in whole or part under this Contract may be copyrighted or patented in the United States or in any other country without the City's prior written approval. 10. ACCESS TO RECORDS AND PROJECT MONITORING The Grantee will maintain adequate and reasonable records of its performance under this Contract and will allow access to these records at any time during normal business hours by the City, the U.S. Department of Housing and Urban Development and the Comptroller General. These records will be kept in the Grantee's offices in Missoula, Montana. The City or its agents may monitor and inspect all phases and aspects of the Grantee's performance to determine compliance with the Scope of Work, and other technical and ---PAGE BREAK--- 4 administrative requirements, including the adequacy of the Grantee's records and accounts. The City will advise the Grantee of any specific areas of concern and provide the Grantee opportunity to propose corrective actions acceptable to the City. 11. PROJECT PROGRESS REPORTING During the term of this contract, the Grantee will submit a Project Progress Report to the City during each quarter for the periods ending June, September, December and March. This report will describe the status of the project with respect to each implementation objective including, at a minimum, the percentage of the project which has been completed, costs incurred, funds remaining and anticipated completion date. The report must also describe any significant problems encountered and any necessary modification of the project scope or implementation schedule that are being requested. The Grantee will submit the Project Progress Report to the City within 10 days of the close of each quarter. The City will not honor claims for payment until the required quarterly report has been submitted to and approved by the City. Project Progress Reports submitted during a quarter in conjunction with a Request for Payment will satisfy the quarterly progress-reporting requirement. 12. EQUAL EMPLOYMENT OPPORTUNITY Any hiring of employees by the Grantee under this Agreement will be on the basis of merit and qualification, and the Grantee will not discriminate against any person on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability,national origin, sexual orientation, gender identity or gender expression. As used herein, "qualifications" means qualifications as are generally related to competent performance of the particular occupational task. 13. AVOIDANCE OF CONFLICT OF INTEREST The Grantee will comply with the provisions of the applicable HUD regulations of 24 CFR 570.611; and with sections 2-2-125, 2-2-201, and 7-5-4109, MCA, (as applicable) regarding the avoidance of conflict of interest. 14. MODIFICATION AND ASSIGNABILITY OF CONTRACT This Contract contains the entire agreement between the parties, and no statements, promises, or induce- ments made by either party, or agents of either party, which are not contained in or authorized by this written Contract, are valid or binding. This Contract may not be enlarged, modified, or altered except upon written agreement, and does not imply any continuing commitment by the City of Missoula beyond the termination date noted in this Contract. The Grantee accepts responsibility for the adherence to the terms of this Contract by subcontractor or subrecipient entities and by public or private agents or agencies to which it delegates authority to carry out portions of this Contract. 15. SPECIAL PROJECT START UP CONDITIONS The Grantee will not obligate or utilize funds for any activities provided for by this Contract until: The City completes an Environmental Review Record, if applicable, and issues a Notice of Release of Funds. The Grantee submits to the City evidence of the firm commitment of the other resources necessary for the completion of the project as defined in Section 5 and Attachment A of this Contract. ---PAGE BREAK--- 5 Within six months of the date of the announcement of the tentative grant award by the City, the Grantee will have completed all necessary arrangements to assure that those resources are available for commitment to and participation in the project in order to guarantee timely project completion. Unless the Grantee can demonstrate the existence of unusual or extenuating circumstances that justify an extension of time, the City will withdraw the tentative award and reallocate the funds. The City will not release any CDBG funds to the Grantee until the Grantee has obtained firm commitments for all non-CDBG resources to be involved in the project. The Grantee may not expend or obligate any CDBG funds, other than for administrative purposes, until the City determines that this condition has been satisfied. 16. CONSTRUCTION AND VENUE This Contract will be construed under and governed by the laws of the State of Montana. In the event of litigation concerning it, venue is in the District Court of the Fourth Judicial District in and for the County of Missoula, State of Montana. 17. INDEMNIFICATION The Grantee waives any and all claims and recourse against the City including the right of con- tribution, for loss or damage to persons or property arising from, growing out of, or in any way connected with or incidental to the Grantee's or any subrecipient's performance under this Contract. Further, the Grantee will indemnify, hold harmless, and defend the City against any and all claims, demands, damages, costs, expenses, or liability arising out of the Grantee's or any subrecipient's performance of this Contract. In the event that the City is named as a codefendant in any action relating to activities to be performed by the Grantee or a subrecipient under this Contract, the Grantee will notify the City of the action and will represent the City in the action unless the City undertakes to represent itself as a codefendant, in which case the City will bear its own litigation costs, expenses, and attorneys' fees. 18. CONTRACT AMENDMENT The Grantee may request that this contract be amended. However, the City will allow an amendment only if the Grantee clearly demonstrates that the modification is justified and will enhance the overall impact of the original project. The City will consider each request to determine whether the modification is substantial enough to necessitate reevaluating the project's original ranking. If warranted, the City will analyze the impact of the proposed modification on the scores assigned the Grantee's application in the original grant competition. The City will not approve amendments to the scope of work or the budget that will affect high priority activities or improvements that would materially alter the circumstances under which the grant was originally ranked. If the City determines that the proposed amendment represents a substantial change in the project activities proposed in the original application for CDBG funds, the City will hold a local public hearing on the amendment with reasonable notice. ---PAGE BREAK--- 6 19. PROPERTY MANAGEMENT Title to real property or equipment acquired under a grant or subgrant will vest upon acquisition in the Grantee or subgrantee. The Grantee or subgrantee will use, manage, and dispose of this property or equipment in accordance with the requirements set out in 24 CFR Part 85, Subpart C and 24 CFR Part 570, Subpart J. 20. TERMINATION OF CONTRACT This contract may be terminated as follows: Termination and Modification Due to Loss of Funding. If, for any reason, the federal financial resources required by the City to fund the Grantee’s project are withdrawn from the City, the City may unilaterally terminate or modify the terms of this Contract to reflect the loss of funding. If a termination or modification is required, the City will, to the extent permitted by available CDBG funds, compensate the Grantee for eligible work elements the Grantee has completed and for actual, necessary and eligible expenses incurred by the Grantee as of the revised termination date. The City will give the Grantee written notice of the effective date of the modification or termination of this Contract and, if a reduction in funding is required, will provide the Grantee with a modified project budget. Termination Due to Noncompliance with Contract Terms. If the City determines that the Grantee has failed to comply with the general terms and conditions of this Contract, the project schedule, or any special conditions, and if upon notification of the defect the Grantee does not remedy the deficiency within a reasonable period to be specified in the notice, the City may terminate this Contract in whole or in part at any time before the date of completion. The City will notify the Grantee in writing of the decision to terminate, the reasons for the termination, and the effective date of the termination. Termination Due to Adverse Environmental Impact. This Contract will terminate at the conclusion of the environmental review process if the Grantee or the City determines that the project would have a significant adverse impact on the quality of the human environment and that this impact cannot be avoided or sufficiently mitigated by reasonable, cost-effective means. Effect of Termination. In the event of termination due to the Grantee's failure to comply with the terms of this Contract or the project's adverse environmental impact, any costs incurred will be the responsibility of the Grantee. However, at its discretion, the City may approve requests by the Grantee for reimbursement of expenses incurred. The City's decision to authorize payment of these costs or to recover expended CDBG funds will be based on a consideration of the extent to which the expenditure of those funds represented a good faith effort of the Grantee to comply with the terms of this Contract and on whether any failure to comply with the terms of this Contract was the result of circumstances beyond the Grantee's control. ---PAGE BREAK--- 7 IN WITNESS OF THE TERMS SET OUT ABOVE, the parties have executed this Contract. City of Missoula: John Engen, Mayor Date: homeWORD: Joe Easton, President, Board of Directors Date: ATTEST: Martha L. Rehbein, CMC City Clerk ---PAGE BREAK--- ATTACHMENT A PROJECT BUDGET SOURCE SOURCE SOURCE SOURCE SOURCE SOURCE TOTAL PROJECT LIHTC / Exchange State HOME City HOME City CDBG Approp/An on Donor/Hom e Depot Market/Per m hW Equity/ Def Fees BUDGET ADMINISTRATION Personnel Services Supplies Communications Printing/Duplication/Postage Advertising Accounting/Auditing Travel Training Other Administration TOTAL ADMINISTRATION COSTS LAND/ BLDG./ACQUISITION Land $468,476 $299,000 $767,476 Existing Structure Demolition Other TOTAL LAND & BUILDING COSTS $468,476 $299,000 $767,476 SITE WORK Site Work $77,000 $100,000 $177,000 Off-Site Improvement Environmental Other TOTAL SITE WORK COSTS $77,000 $100,000 $177,000 CONSTRUCTION AND REHAB New Building $2,670,241 $470,000 $16,000 $681,867 $376,074 $4,214,182 ---PAGE BREAK--- 9 Rehabilitation Accessory Structures General Requirements $275,000 $275,000 Contractor Overhead $95,000 $95,000 Contractor Profit $290,000 $290,000 Contingency $445,743 $445,743 Construction Management $50,000 $50,000 Material & Compaction Testing $8,000 $8,000 TOTAL REHAB & CONST. COSTS $3,833,984 $470,000 $16,000 $681,867 $376,074 $5,377,925 SUBTOTAL $4,379,460 $470,000 $315,000 $100,000 $681,867 $376,074 $6,322,401 PROFESSIONAL WORK & FEES Architect Design $256,667 $256,667 Architect Supervision $50,000 $50,000 Attorney, Real Estate $3,333 $3,333 Sustainability Consultant $16,667 $16,667 Engineer/Surveyor $3,333 $3,333 Commissioning $11,333 $11,333 Other TOTAL PROF. WORK & FEES $310,000 $31,333 $341,333 CONSTRUCTION/ INTERIM FEES Hazard & Liability Insurance $26,667 $26,667 Credit Report Construction Interest $192,000 $192,000 Origination Points $40,000 $40,000 Discount Points Inspection Fees Title & Recording $6,000 $6,000 Legal Fees Taxes $24,278 $24,278 Other USGB Fees $1,800 $1,800 TOTAL CONST. INTERIM FEES $288,945 $1,800 $290,745 ---PAGE BREAK--- 10 PERMANENT FINANCING FEES Credit Report Discount Points Origination Fees $3,500 $3,500 Title and Recording $8,000 $8,000 Legal Fees Prepaid MIP Other Other TOTAL FINANCING FEES $11,500 $11,500 SUBTOTAL $598,945 $33,133 $11,500 $643,578 SOFT COSTS Feasibility Appraisal $10,000 $10,000 Market Study $4,300 $4,300 Environmental Study Tax Credit & Exchange Fees $43,860 $43,860 Cost Certification $9,525 $9,525 Insurance prior to Construction $1,265 $1,265 ALTA Survey $12,000 $12,000 Other Other TOTAL SOFT COSTS $37,090 $43,860 $80,950 SYNDICATION COSTS Organizational (Partnership) Bridge Loan Fees & Expenses $152,660 $152,660 Tax Opinion $15,000 $15,000 Other TOTAL SYNDICATION COSTS $152,660 $15,000 $167,660 DEVELOPER'S FEES Developer's Overhead Developer's Fees $930,000 $930,000 Consultant Fee ---PAGE BREAK--- 11 Developers Fee-Acquisition TOTAL DEVELOPER'S FEES $930,000 $930,000 PROJECT RESERVES Rent-Up Reserve $8,000 $8,000 Operating Reserve $89,000 $89,000 Replacement Reserve $34,000 $34,000 Pre-funded R for R Other TOTAL PROJECT RESERVES $131,000 $131,000 SUBTOTAL $1,250,750 $58,860 $1,309,610 SUBTOTAL PG. 1 $4,379,460 $470,000 $315,000 $100,000 $681,867 $376,074 $6,322,401 SUBTOTAL PG. 2 $598,945 $33,133 $11,500 $643,578 GRAND TOTAL PROJECT COSTS $6,229,155 $470,000 $315,000 $100,000 $715,000 $446,434 $8,275,589 BUDGET NARRATIVE: $177,000 is estimated for Sitework for Solstice, which includes construction of project infrastructure including streets, sidewalks, curbs and gutters, water and sewer line hook ups, flood and drainage improvements, parking lots, utility lines, and landscaping. The City’s $100,000 in CDBG funds will be used to cover a portion of these eligible expenses for this 34 unit affordable housing project at 1535 Liberty Lane. ---PAGE BREAK--- ATTACHMENT B MONTANA TRUST INDENTURE THIS TRUST INDENTURE, made this day of between homeWORD and it successors and assigns whose mailing address is 127 N. Higgins #307, Missoula, MT 59802, as GRANTORS; U.S. Bank, NA, of Missoula, Montana, a bank and trust company as authorized under the laws of the State of Montana, whose mailing address is Post Office Box 4787, Missoula, MT 59806, as TRUSTEE; and the CITY OF MISSOULA, a Municipal Corporation, organized under the laws of the State of Montana, whose mailing address is 435 Ryman, Missoula, MT 59802, as BENEFICIARY. WITNESSETH: That Grantor hereby irrevocably GRANTS, BARGAINS, SELLS, CONVEYS AND WARRANTS TO TRUSTEE IN TRUST, nevertheless, WITH POWER OF SALE, that certain real property, which does not exceed five acres in area, situated in the County of Missoula, State of Montana, particularly described as follows, to wit: TOGETHER WITH: All buildings, fixtures and improvements thereon, and all water rights, right-of-ways, tenements, hereditaments, privileges and appurtenances thereunto belonging, now owned or hereafter acquired, however evidenced, used or enjoyed with said premises or belonging to the same; All right, title and interest hereinafter acquired in or to any of said premises, hereby also releasing, relinquishing and waving all exemptions, rights of dower and homestead, in or to said premises, vested or inchoate; All heating, air conditioning, plumbing and lighting facilities, equipment and fixtures now or hereafter installed upon or within said premises, used or proper or necessary to constitute the said premises a habitable, usable or operating unit; all of said property being designated and deemed for the purposes of this instrument a part of the realty; and All of the rents, issues and profits of said premises, SUBJECT, HOWEVER, to the right, power and authority hereinafter conferred upon Beneficiary to collect and apply such rents, issues and profits. TO SECURE TO BENEFICIARY: Payment of the principal sum: One Hundred Thousand & 00/100 Dollars ($100,000.00) according to the terms of the Community Development Block Grant Contract #10-14 dated 2010 (and any extensions and/or renewals or modifications thereof) by GRANTOR payable to the order of BENEFICIARY if the terms of said Contract are violated. The Beneficiary agrees to subordinate the lien of this Trust Indenture to the lien of any real property acquisition ---PAGE BREAK--- 13 financing, construction financing, or mortgage financing obtained by Grantor with regard to the real property described herein. At Grantor’s request, Beneficiary may consent to subordinate the lien of this Trust Indenture to other financing obtained by Grantor subject to Beneficiary’s prior written consent which may be withheld for any reason. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal the day and year first above written. Joe Easton, President homeWORD STATE OF MONTANA ) ) ss County of Missoula ) On this day of 2010, before me, a Notary Public for the State of Montana, personally appeared Joe Easton, as President of the homeWORD Board of Directors, known to me to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Notary Public for the State of Montana Residing at My Commission Expires City of Missoula By: John Engen, Mayor ATTEST: Martha L. Rehbein, CMC City Clerk ---PAGE BREAK--- 14 ATTACHMENT C IMPLEMENTATION SCHEDULE Anticipated Completion (month / year) Actual Completion (month / year) Financing Construction Loan Commitment January 2010 Construction Loan Closing August 2010 2009 Exchange Funding July 2009 Low Income Housing Tax Credits April 2010 Grant Commitments (list each grant separately) 1. NeighborWorks Green Funding February 2010 2. State HOME November 2009 City of Missoula HOME/CDBG April 2010 Home Depot June 2010 Federal Appropriation March 2010 NorthWestern Energy September 2010 Anonymous Donor December 2007 Permanent Loan Commitment January 2010 Permanent Loan Closing August 2010 Other Deferred Developer Fees August 2010 Project Start-up Site Acquisition May 2007 Zoning July 2006 Infrastructure Available July 2006 Environmental Review January 2007 Advertise Architect / Engineer June 2010 Advertise for Construction Bids July 2010 Construction Bid Award August 2010 Design Completion July 2010 Building Permits August 2010 Other Community Design Charrette November 2006 Other Eco-Design and Universal Design Charrettes February 2007 Other Solstice Design Charrette June 2010 Project Activities Pre-Construction Conference September 2010 Issue Notice to Proceed September 2010 Begin Construction September 2010 Complete Construction October 2011 Final Inspection / Issue Certificate of Occupancy October 2011 Audit November 2011 Marketing April 2011 Prequalification Activities July 2011 Rent-up March 2012 Closeout March 2012 ---PAGE BREAK--- 15 ATTACHMENT D CDBG SUPPLEMENTAL GENERAL CONDITIONS AND FEDERAL LABOR STANDARDS PROVISIONS CDBG SUPPLEMENTAL GENERAL CONDITIONS The following Supplemental General Conditions are hereby made a part of this contract and shall supplement and/or supersede any articles of these specifications in conflict therewith. Any subsequent and/or addenda issued after these specifications have been prepared shall supplement and/or supersede any articles of these specifications. 1. Montana Contractor Registration Requirements 2. Contractor’s License Fee 3. Preconstruction Conference 4. Reports and Information 5. Access to Records 6. Contract Pricing 7. Federal Labor Standards Provisions (HUD-4010 Form) 8. Schedule of Minimum Hourly Wage Rates (Davis-Bacon Wage Determination) 9. Equal Opportunity Provisions a. Equal Employment Opportunity (Executive Order 11246) b. Title VI of the Civil Rights Act of 1964 c. Section 109 of the Housing and Community Development Act of 1974 d. Section 3 of the Housing and Community Development Act of 1968 e. Minority/Women Business Enterprise f. Nondiscrimination Provision in all Public Contracts 10. Uniform Federal Accessibility Standards (UFAS) 11. Compliance with Federal Clean Air and Water Acts 12. Contractor Eligibility 1. MONTANA CONTRACTOR REGISTRATION REQUIREMENT MCA 39-9-201 through 39-9-211 provides information about contractor registration requirements with the State of Montana. Contractors and any of the contractor’s subcontractors doing work on a project will be required to obtain registration with the Montana Department of Labor and Industry (DLI). Forms for ---PAGE BREAK--- 16 registration are available from the Department of Labor and Industry, P. O. Box 8011, 1805 Prospect, Helena, Montana 59604-8011. Information on registration can be obtained by calling 1-[PHONE REDACTED]. Contractors are not required to have registered with the DLI prior to bidding on this project, but must have registered prior to execution of the Construction Agreement. All laborers and mechanics employed by the contractor or subcontractors in performance of the construction work shall be paid wages at rates as may be required by the federal Davis Bacon prevailing wage and reporting requirements and the State of Montana. The contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex, national origin, sexual orientation, gender identity or gender expression. 2. CONTRACTOR’S LICENSE FEE Pursuant to Section 15-50-206(2)(3), MCA, the Owner is required to withhold one percent of all payments due the Contractor and is required to transmit such moneys to the Montana Department of Revenue as part of the public contractor's license fee. In like fashion, the Contractor is required to withhold one percent from payments to subcontractors. 3. PRECONSTRUCTION CONFERENCE After the contract(s) have been awarded, but before the start of construction, a conference will be held for the purpose of discussion requirements on such matters as project supervision, coordination with city or county officials, on-site inspections, progress schedules and reports, payrolls, payments to contractors, contract change orders, insurance, safety and other items pertinent to the project. The contractor shall arrange to have all supervisory personnel connected with the project on hand to meet with representatives of the engineer and owner to discuss any problems anticipated. 4. REPORTS AND INFORMATION The contractor, at such times and in such forms as the owner may require, shall furnish the owner such periodic reports as it may request pertaining to the work or services undertaken pursuant to this contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this contract. ---PAGE BREAK--- 17 5. ACCESS TO RECORDS The owner, the Inspector General of the United States, the U.S. Department of Housing and Urban Development, the U.S. Department of Labor, the General Accounting Office, and the City of Missoula shall be permitted by the contractor to have full access to, and right to examine any pertinent books, documents, papers and records of the contractor involving transactions related to this contract, during the period of the project and for three years from the date of final payment or until all findings have been resolved to the satisfaction of the State of Montana. 6. CONTRACT PRICING The cost plus a percentage of cost and percentage of construction cost method of contracting shall not be used. 7. FEDERAL LABOR STANDARDS PROVISIONS Attached. 8. SCHEDULE OF MINIMUM HOURLY WAGE RATES Not applicable. Project consists of residential apartments, four stories or fewer. 9. EQUAL OPPORTUNITY PROVISIONS Equal Employment Opportunity (Executive Order 11246). During the performance of this contract, the Contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection of training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Department's contracting officer advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records ---PAGE BREAK--- 18 and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. In the event of the contractor's noncompliance with the non- discrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rules, regulations, or order of the Secretary of Labor, or as otherwise provided by law. The contractor will include the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that each provision will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event the contractor becomes involved in or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the contractor may request the United States to enter into such litigation to protect the interest of the United States. Title VI of the Civil Rights Act of 1964. Provides that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Section 109 of the Housing and Community Development Act of 1974. "No person in the United States shall on the ground of race, color, national origin or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under this title. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 shall also apply to any such program or activity." Section 3 of the Housing and Community Development Act of 1968. The contractor will ensure that to the greatest extent feasible opportunities for training and employment arising in connection with this CDBG-assisted project will be extended to project area residents. Further, the contractor will, to the greatest extent feasible, utilize business concerns located in or substantially owned by residents of the project area, in the award of contracts and purchase of services and supplies. Minority Business Enterprise. Under the provisions of Executive Order 11246 contractors on federally-funded projects are required to take affirmative steps to assure that minority businesses are used when possible as sources of supplies, equipment, construction and services. Additionally, the contractor must document all affirmative steps taken to solicit minority businesses and forward this documentation along with the names of the minority subcontractors and suppliers to the owner upon request. Nondiscrimination Provision in all Public Contracts Pursuant to Section 49-3-207, MCA, the Contractor certifies that all hiring will be on the basis of merit and qualifications and there will be no discrimination on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental handicap, or national origin. ---PAGE BREAK--- 19 10. UNIFORM FEDERAL ACCESSIBILITY STANDARDS (UFAS) All design specifications for the construction of any building shall provide access to the physically handicapped in accordance with the Uniform Federal Accessibility Standards and HUD regulations 24 CFR Part 8, "Nondiscrimination Based on Handicap in Federally Assisted Programs and Activities of HUD". 11. CERTIFICATION OF COMPLIANCE WITH FEDERAL CLEAN AIR AND WATER ACTS (Applicable to federally assisted construction contracts and related sub-contracts exceeding $100,000.) During the performance of this contract, the contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal Water Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR 15, as amended. 12. CONTRACTOR ELIGIBILITY The Contractor certifies that the Contractor's firm and the firm's principals are not debarred, suspended, voluntarily excluded, or otherwise ineligible for participation in federally assisted contracts under Executive Order 12549, "Debarment and Suspension" (24 CFR 24.505). ---PAGE BREAK--- 20 General Decision Number: MT100013 03/12/2010 MT13 Superseded General Decision Number: MT20080013 State: Montana Construction Type: Residential County: Missoula County in Montana. RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family homes and apartments up to and including 4 stories) Modification Number Publication Date 0 03/12/2010 SUMT1992-009 03/24/1992 Rates Fringes 14.45 1.45 13.03 3.31 Cement 10.50 1.10 13.10 3%+2.10 17.18 6.18 Laborers: 9.72 1.20 9.32 1.20 10.93 1.38 10.50 1.10 15.78 1.60 Power Equipment Operator 1 cu yd or 12.67 2.42 1 to 3 cu 12.96 2.42 Front end loader: Roofer (including Built Up, Composition and Single 13.65 1.80 Sheet metal 15.38 2.05 Terrazzo & Tile 14.45 1.45 Truck drivers: 10.95 1.66 Flatbed: 3 tons and 11.00 1.66 over 3 11.20 1.66 Combination truck, concrete mixer, transit 11.10 1.66 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 ---PAGE BREAK--- 21 In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in and should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 If the answer to the question in is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 ---PAGE BREAK--- 22 All decisions by the Administrative Review Board are final. END OF GENERAL DECISION ---PAGE BREAK--- 23 ---PAGE BREAK--- 24 ---PAGE BREAK--- 25 ---PAGE BREAK--- 26