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HomeMy WebLinkAboutN-567 - Bidding & Contracting PW Contracts Block Grant FundsCITY OF PASCO ADMINISTRATIVE ORDERS Administrative Order No. 567 Community & Economic Development Subject: Bidding & Contracting for Public Work Contracts Funded with Block Grant Funds Section 7) Initial Effective Date: February 17, 2016 Revised A roved I. PURPOSE: This material describes a step-by-step process for procuring construction contracts in compliance with federal, state and local requirements. Each grantee undertaking a Federal block grant assisted construction project of greater than $2,000 must have a contract management system in place to ensure that contractors perform in accordance with contract terms, conditions, specifications and applicable state and federal requirements. The system must provide for: A. Contract Award B. Conduct of the preconstruction conference C. Notice to Proceed D. Review of contractor and subcontractor compliance with labor standards and equal opportunity requirements 1. Conduct Payroll Interviews 2. Use of Force Account Personnel 3. Conduct On-site Labor and Progress Interviews 4. Resolution of labor standards violations 5. On-site inspections E. Review of change order requests F. Processing pay requests G. Project closeout H. Acceptance of work I. Release of retainage J. Recordkeeping Administrative Order No. 562 outlines the methods of procurement and process applicable to grant -assisted construction contracts where the City is a party to the contract. In accordance with federal, state and local laws, construction projects must be competitively bid, and comply with labor standards and equal employment opportunity laws. For additional information on these other requirements, see Administrative Order No. 568 Managing Construction Contracts (Section 8), Administrative Order No. 569 Labor Compliance Standards (Section 9). II. DEPARTMENTS AFFECTED: All Departments and subrecipients receiving HUD assistance for construction projects. III. REFERENCES: 1. 2 CFR 200 Uniform Administrative Requirements 2. 24 CFR 85.36 Procurement 3. RCW 35.23.352 Public Works -Contracts -Bids -Small Works Roster -Purchasing 4. RCW 39.04.155 Small Works Roster -Limited Public Works Process 5. RCW 39.08 Contractor's Bond 6. PMC Title 14 Public Works 7. Administrative Order No. 562 Procurement Policy for Block Grant Funds IV. ATTACHMENTS: 1. Attachment 7-A Request for Determination and Response to Request Form 2. Attachment 7-B Certification of Bidder Regarding Equal Employment Opportunity 3. Attachment 7-C Certification of Proposed Subcontractor Regarding EEO 4. Attachment 7-D Contractor Section 3 Plan 5. Attachment 7-E Proposed Subcontracts Breakdown (Table A) 6. Attachment 7-F Estimated Project Workforce Breakdown (Table B) 7. Attachment 7-G Contractor Compliance Form (#17) 8. Attachment 7-H Example of Advertisement for Construction Contract Bids 9. Attachment 7-I Construction Contract General Conditions 10. Attachment 7-K Contract and Subcontract Activity Report Form 11. Attachment 7-L Sample Code of Standards of Conduct 12. Attachment 7-M Contract Compliance Notices/Affirmative Action Goals 13. Attachment 7-N Evaluation Criteria Sample 14. Attachment 7-0 Mandatory? Bidder Responsibility Checklist 15. Attachment 7-P Contractor -Subcontractor Certification Wage Requirement V. DEFINITIONS: Award means the formal decision by the City notifying a responsible bidder with the lowest responsive bid of the City's acceptance of the bid and intent to enter into a contract with the bidder. Contract means a contract in writing for the execution of public work for a fixed or determinable amount duly awarded after advertisement and competitive bid, or a contract awarded under the small works roster process. Municipality means every city, county, town, port district, district, or other public agency authorized by law to require the execution of public work, except drainage districts, diking districts, diking and drainage improvement districts, drainage improvement districts, diking improvement districts, consolidated diking and drainage improvement districts, consolidated drainage improvement districts, consolidated diking Administrative Order No. 567 — Bidding Contracting for Block Grant Funds Page 2 improvement districts, irrigation districts, or other districts authorized by law for the reclamation or development of waste or undeveloped lands. Public work means all work, construction, alteration, repair, or improvement other than ordinary maintenance, executed at the cost of the state or of any municipality, or which is by law a lien or charge on any property. All public works, including maintenance when performed by contract shall comply with RCW 39.12. Responsible bidder means a contractor who meets the criteria in RCW 39.04.350. State means the state of Washington and all departments, supervisors, commissioners, and agencies of the state. VI. PROCEDURE: This procedure describes the step-by-step process for procuring construction contracts in compliance with federal, state and local laws and regulations. In accordance with state laws and regulations construction projects must be competitively bid, through a sealed bid process, anytime project costs are expected to exceed $45,000 for a single trade and $60,000 for multiple trades. Small works provisions may be used in lieu of the sealed bid process to award contracts for construction, building, renovation, remodeling, alteration, repair, or improvement of real property when the estimated cost of unless project costs are expected to exceed $150,000. Sealed Bids and Competitive Proposals are allowable for contracts $150,000 and higher. Limited public works process below $35,000, extremely low below $2,500. Construction contracts are normally procured by sending an Invitation for Bid (IFB) to interested contractors. The IFB contains all the information the contractor will need to bid on a project. Once completed and submitted by the bidder, the IFB, if the lowest responsible bid, becomes the basis for the contract between the contractor and the grantee. A. DEVELOP THE INVITATION FOR BID Development of the IFB, and especially the project scope of work, is one of the first actions required in the procurement process. It should be completed prior to advertising the IFB. The scope of work must include a clear and accurate description of the technical requirements of the work to be performed, including specific, minimum standards and qualitative measures for the type and quantity of materials, projects and services. The budget must be based on the project specifications, and other cost factors such as fees, permits, taxes and labor. In addition, the budget must identify the project fund sources and take into account any requirements or ineligible activities that fund sources dictate. The IFB solicitation must include the following information and materials: • Source of federal assistance identified • Jurisdiction identity • Contact person and phone number Administrative Order No. 567— Bidding Contracting for Block Grant Funds Page 3 • Date, time and place of public bid opening • Basis for rejecting bids • Any factors, in addition to lowest price, which will determine the lowest, responsible bidder or responsive bid • State license requirement • Clear, accurate descriptions of technical requirements for materials, products or services (specifications) • Plans and other pertinent attachments • Specify that a five percent (5%) bid guarantee is required • Bond requirements (paragraphs 30 and 31 of Attachment 7-I) o Specify that a 100% Performance Bond is required (contracts of $35,000+) o Specify that a 100% Payment Bond is required (contracts of $35,000+) • Labor Standards Requirements (paragraphs 67 - 73 of Attachment 7-1) • Applicable Federal Wage Decision • Applicable State Wage Decision • Certification of Bidder Regarding Equal Employment Opportunity Form (Attachment B) • Certification of Proposed Subcontractor Regarding Equal Employment Opportunity Form (Attachment C) (If subcontract is under $10,000, form is not required) • Section 3 Plan Form (Attachment D) (If a prime or subcontract is under $100,000, this form with Tables A and B is not required) • Proposed Subcontracts Breakdown Form (Table A) (Attachment E) • Estimated Project Workforce Form (Table B) (Attachment F) • Access to Records/Records Retention Clause (Paragraph 15 of Attachment 7-I) • Land and Rights-of-Way/Acquisition of Property Provisions (if applicable) (Paragraph 40 of Attachment 7-I) • Other Prohibited Interests/Conflict of Interest Provision (Paragraph 48 of Attachment 7-I) • Equal Opportunity and Affirmative Action Provisions (Paragraphs 74-84 of Attachment 7-I) o Title VI of the Civil Rights Act of 1964 (Paragraph 74) o Section 109 of the Housing and Community Development Act of 1974, as Amended (Paragraph 75) o Age Discrimination Act of 1975, as Amended (Paragraph 76) o Section 504 of the Rehabilitation Act of 1973, as Amended (Paragraph 77) o Section 3 of the Housing and Community Development Act of 1968 (Paragraph 78) o Executive Order 11246, as Amended (Paragraphs 79-82) o State Nondiscrimination Clause (Paragraph 83) o Americans with Disabilities Act of 1990 (Paragraph 84) Note: It is mandatory that paragraphs 15, 30, 31, 40, 48 and 67 - 84 from the General Conditions (Attachment 7-I) be included verbatim in the bid package. Further, it is strongly recommended that all clauses in Attachment 7-I be Administrative Order No. 567 — Bidding Contracting for Block Grant Funds Page 4 included in the bid package as general conditions. As a minimum, any Attachment 7-I paragraph not required to be in the big package verbatim, must still be addressed by subject area using wording provided by the jurisdiction or other appropriate source. Note: Attachments B, D, E and F should be completed and returned by the prime contractor with the bid. At the latest, the B, D, E, and F forms completed by the prime contractor must be provided at the pre -construction conference. While the form depicted in Attachment C must be completed by subcontractors, it is not required until after a contract between the prime contractor and subcontractor has actually been signed. Note: Attachments D, E and F are only required for prime contracts and/or subcontracts over $100,000, and Attachment C is only required for subcontracts over $10,000. B. OBTAIN PREVAILING WAGE RATES The federal Davis -Bacon Act requires that contractors pay workers no less than the prevailing wage rate for a given category of work. A similar state law, RCW 39.12, requires that workers be paid state prevailing wage rates. Thus, Project Manager must obtain both the federal and state prevailing wage rates and place them in project bid specifications. The Project Manager must further stipulate that contractors and subcontractors pay workers the higher of the rates for each job classification involved in the project. To obtain the federal prevailing wage rates, the Project Manager prepares a written request that provides: • A description of the project indicating the type of construction work to be performed. • The location of the project (city, county and state). • Proposed dates of advertising for bids and opening of bids. • Email address if wage rates are to be emailed to jurisdiction. This request should be submitted on the form provided as Attachment A and mailed to the address below, or emailed to the Community & Economic Development Director, Block Grant Administrator or Designee: City of Pasco Community & Economic Development Department PO Box 293 Pasco, WA 99301 In those instances where the Project Manager has access to current federal wage decisions through the internet, Attachment A must still be submitted to Community & Economic Development prior to incorporating the federal wage decisions into the IFB. Administrative Order No. 567 — Bidding Contracting for Block Grant Funds Page 5 The federal wage rates will be mailed or emailed to the grantee within two (2) working days from the receipt of the request. Both the current federal and state prevailing wage decisions must be included in the IFB. Washington State Prevailing Wage Rates may be requested from: Department of Labor and Industries Prevailing Wage Program 406 Legion SE PO Box 44540 Olympia, WA 98504-4540 Phone (360) 902-5335 http://www.Ini.wa.gov State prevailing wage decisions may also be obtained through the following web -site address: http://www.wsdot.wa.eov/eese/designiproiectdev/adready/combinedwa eg htm. Federal Davis Bacon Prevailing Wage decisions may be obtained through the following website: b—q://www.wdol.gov/dba.asl)x. C. CHECK WAGE RATE DECISIONS (TEN DAY BID CHECK) Once applicable wage decisions are included in the IFB, ten (10) days prior to the scheduled bid opening, Project Managers are required to check sources to make sure that no modifications to the federal wage decisions included in the bid documents have been made. If the federal wage decisions are still current, the bid opening may proceed on schedule. If modifications have been issued, they must be provided to bid package holders in the form of an addendum to the bid document. Even if grantee has current wage decisions from a different source, must be contacted for the Ten Day Bid Check. Wage decision modifications issued less than ten days prior to bid opening do not have to be included in the IFB, if the jurisdiction feels there is insufficient time to issue an IFB amendment prior to the scheduled bid opening. In those instances where there is no bid opening such as small purchase or use of the RFP process, the wage decision current at the time of contract award must be utilized. D. BONDING AND INSURANCE FOR CONTRACTORS The following minimum bonding and insurance requirements are required to be included solicitations for bids: • A bid guarantee from each bidder equivalent to (5%) of the bid price. The bid guarantee secures a firm commitment that the bidder will execute contract documents upon acceptance of the bid (contracts >$100,000). • A performance bond from the contractor for all (100%) of the contract price to secure fulfillment of the contractor's obligations under the contract (contracts >$35,000). Administrative Order No. 567 — Bidding Contracting for Block Grant Funds Page 6 • A payment bond from the contractor for the entire (100%) contract price to assure payment as required by law of all persons supplying labor and materials to the contractor (contracts >$35,000). For construction contracts under $100,000, recipients must require, consistent with RCW 39.08 the following: • A combined performance and payment bond of not less than (25%) of the contract price or more than (100%) of the contract price to secure fulfillment of all of the contractor obligations under the contract and to assure payment to all persons supplying labor and materials to the contractor. • The amount of the bond, within the above limits, may be fixed by general ordinance of the recipient jurisdiction. For construction contracts of $35,000 or less, recipients may require at the contractor's option, consistent with RCW 39.08.010: • Retainage of (50%) of the contract amount for a period of 30 days after the date of final acceptance, or until receipt of all necessary releases from the state Department of Revenue and the state Department of Labor and Industries or Lien waivers fully executed by contractors and subcontractors. E. DEVELOP THE CONTRACT DOCUMENT The BLOCK GRANT -assisted construction contract document must also be developed prior to soliciting offers from contractors. The contract document must contain the following clauses and provisions: • The Block Grant General Conditions (Attachment 74, Paragraphs 15, 30, 31, 40, 48, and 67 - 84) o Access to Records/Records Retention Clause (Paragraph 15) o Land and Right-of-Way/Acquisition of Property Provisions (Paragraph 40) o Other Prohibited Interests/Conflict of Interest Provision (Paragraph 48) o Contract Security/Payment and Performance Bond Requirements (Paragraphs 30 and 31) o Federal Labor Standards Requirements (Paragraphs 67 - 73) o Title VI of the Civil Rights Act of 1964 (Paragraph 74) o Section 109 of the Housing and Community Development Act of 1974, as Amended (Paragraph 75) o Age Discrimination Act of 1975, as Amended (Paragraph 76) o Section 504 of the Rehabilitation Act of 1973, as Amended (Paragraph 77) o Section 3 of the Housing and Community Development Act of 1968 (Paragraph 78) o Executive Order 11246, as Amended (Paragraphs 79-82) o State Nondiscrimination Clause (Paragraph 83) o Americans with Disabilities Act of 1990 (Paragraph 84) Certification of Bidder Regarding Equal Employment Opportunity (Attachment B) Certification of Proposed Subcontractor Regarding Equal Employment Opportunity (Attachment C) Administrative Order No. 567 — Bidding Contracting for Block Grant Funds Page 7 • Contractor Section 3 Plan (Attachment D) • Proposed Subcontracts Breakdown (Table A) (Attachment E) • Estimated Project Workforce Breakdown (Table B) (Attachment F) • State Prevailing Wage Requirements (RCW 39.12) • Federal Prevailing Wage Rates • Statement of Intent to Pay Prevailing Wages (RCW 39.12.040) • Affidavit of Wages Paid (RCW 39.12.040) All provisions required in the prime contract must also be passed by the prime to its subcontractors. This includes the labor standards requirements and all civil rights provisions such as the affirmative action plan, Section 109, Title VI, Section 3, and Executive Order 11246. Note: It is mandatory that paragraphs 15, 30, 31, 40, 48 and 67 - 84 from Attachment 7-I be included verbatim in the contract. Further, it is strongly recommended that all clauses in Attachment 7-I be included in the contract as general conditions. As a minimum, any Attachment 7-I paragraph not required to be in the contract verbatim, must still be addressed by subject area using wording provided by the jurisdiction or other appropriate source. Note: The forms in Attachments C through F must be completed by each subcontractor and provided to the grantee at the time the prime/subcontractor contract is signed, except Attachment C is only required for subcontractors over $10,000 and Attachments D, E and F are only required for prime and subcontracts over $100,000. Note: Executive Order 11246, Notice of Affirmative Action, (Paragraph 81 of Attachment 74) requires the grantee to insert both minority and female hiring goals. The nation-wide goal for female participation is 6.9 percent (6.9%). Goals for minority participation vary from county to county, and may be found in Attachment M. F. ADVERTISE FOR BIDS When all of the provisions and requirements have been incorporated into the bid document, the grantee is ready to advertise. Bids must be solicited by public advertising. The advertisement must be run once a week for two weeks in a major newspaper of general circulation. A minimum of 14 calendar days must be allowed between the date of the second week's publication date and the bid opening date. The advertisement must also be posted in a public place. Advertisements for road improvement projects must also be run in a trade paper. The advertisement must include the following information: • Description of work • Where the bid documents may be obtained • Content of the bid • Deadline for submitting bids • Bid opening date and location Administrative Order No. 567 — Bidding Contracting for Block Grant Funds Page 8 • Bid rejection provision • Who can answer questions • Special requirements, e.g.: affirmative action, Davis -Bacon, source of funds (see asterisk below) * The following statements must be included in the advertisement of the IFB: • "All work performed on this project will be subject to the higher of the prevailing state or federal wage rates." • "The City of Pasco is an Equal Opportunity and Affirmative Action Employer." • "This project is (funded/partially funded) through the City of Pasco Community Development Block Grant program with federal funds from the U.S. Department of Housing and Urban Development." • "Small, Minority- and Women -owned firms are encouraged to submit bids." See Attachment H for sample bid advertisement. G. TAKE AFFIRMATIVE STEPS TO ATTRACT MBE AND WBE BIDDERS Take affirmative steps to solicit bids from local businesses, and minority and woman owned businesses. To comply with affirmative action requirements, Project Manager must, at a minimum: 1. Send a complete copy of the bid package to: Urban League of Metropolitan Seattle Contractor Development and Competitiveness Center 105 —14th Avenue, 1 st Floor Seattle, WA 98122 Telephone: (206) 323-0721 OR If an electronic version of the bid package is available, a complete bid package maybe emailed toylansaDedcccontractors.com. AND 2. Post the invitation to bid advertisement on the State Office of Minority and Women's Business Enterprises (OMWBE) website at www.omwbe.wa.gov. OR 3. Develop a list of minority- and women -owned businesses and send the invitation to bid advertisement to a minimum of five contractors from the list. You can use the directory on the OMWBE website or develop your own local list. H. RECEIVE SEALED BIDS All bids received should be logged with the time and date of receipt and kept in a secure place. I. CONDUCT BID OPENING The public bid opening should be conducted in a business -like manner. Each bid must be read aloud during the meeting and the apparent low bidder determined. A description of the bid review/tabulation process must also be maintained in the grantee procurement file. Administrative Order No. 567 — Bidding Contracting for Block Grant Funds Page 9 J. CHECK CONTRACTOR ELIGIBILITY Federal and Washington State law requires public agencies to investigate potential contractors and vendors to ensure that contracts are not awarded to individuals or corporations that have been suspended or debarred from conducting business in the State or federal government. Most agencies that issue project grants, include the U.S. Department of Housing and Urban Development (HUD) and the U. S. Department of Transportation, Federal Highway Administration (FHWA) require that a grant receiving agency check the state and federal listings for suspension and debarment prior to the award of any contract. Failure to do so places the grant -receiving agency in violation of this requirement and could result in project expenditures declared as ineligible for grant participation and/or other sanctions. In order to ensure compliance with state and federal law and grant agency requirements, before awarding the contract, grantee must complete the Mandatory Bidder Responsibility Checklist and verify that the complete name of both the low bidding firm and its owner or president are not in any of the databases, a DUNS number is required for all grant awardees and contractors: A DUNS number is available free of charge for grant assisted contractors. http://www.gsaig.gov/index.cfin/suspension-and-debarment-listed-by-state https://www.sam.gov/portal/public/SAM/ Search Records by firm name and owner or president's name or DUNS number, all awardees and contractors should have one. If they have one that has been deactivated, go here: http://fedgov.dnb.com/webfonn, create an individual account, search by your DUNS number and follow directions to reactivate it. K. CHECK CONTRACTOR QUALIFICATION Project Managers must also verify that the successful bidder and his subcontractors are registered and licensed with the state of Washington. Technically, before bidding on a project, the contractor must be registered and licensed. Grantee must verify contractor registration at htlps://secure.Ini.wa.gov/veri L. FOREIGN CONTRACTOR RESTRICTIONS (IF APPLICABLE) Section 109 of Public Law 100-202 restricts awarding contracts for work on public buildings or public works to contractors or subcontractors from foreign countries that deny fair trade practices to the United States. Mandatory Contractor Qualification Criteria • Bidder Responsibility 1. Contractor registration RCW 18.27 2. UBI 3. Industrial Insurance, Employment Security, Excise Tax (Title 50,51,82) 4. Criteria of RCW 39.06.010 (no unregistered contractors) and 39.12.065(3) (no contractor violations) Administrative Order No. 567 — Bidding Contracting for Block Grant Funds Page 10 Responsibility Criteria 1. At least 2 public works projects of same or similar nature in last 5 -years 2. Successful completion of one project of similar size and nature 3. Sufficient financial capacity Bid Document Requirements (shall be in RFP or IFB) 1. Supplemental Criteria 2. Basis of Evaluation 3. Appeal periods Determined Not Responsible 1. City shall provide in writing reason(s) for determination 2. Provide Administrative Appeal (within period specified in Bid Docs Suspension & Debarment bitps://www.sam.gov/i)ortal/SANV#1 htti)://i)ortal.hud.gov/hudportal/HUD?sref/tonics/limited denials of participation http://www.Ini.wa.govITradeslicensin PrevWagelAwardingAgenciesIDebarredContr actors/ Consultation and Compliance Division Department of Labor and Industries 520 South Water Street PO Box 44460 Olympia, WA 98504-4460 (360) 902-5335 or (800) 640982 ho://www.Ini.wa.gov M. AWARD THE CONTRACT The grantee must award the contract within 30 days or reject all bids. The contract must be awarded to the responsible bidder whose bid, conforming with all material terms and conditions of the invitation for bids, is lowest in price. N. EXECUTE THE CONTRACT Following award of the contract, contract documents and applicable bonding and insurance must be completed and executed. Contract documents must include all items contained in the bid package, as well as the executed contract, bid proposal, contractor certifications, and bond and insurance forms. Ca See Administrative Order No. 568 Section 8, Managing Construction Projects and Administrative Order No. 569 Section 9, Labor Standards Requirements. Administrative Order No. 567 — Bidding Contracting for Block Grant Funds Page 11 P. SMALL PURCHASE PROCEDURES FOR LIMITED PUBLIC WORKS PROJECTS In instances where a construction contract or construction materials are not expected to cost over $35,000 in the aggregate, small purchase procedures may be utilized. When using small purchase procurement, price, rate quotations or proposals must be obtained from at least three qualified sources. Efforts must be made to seek at least one quotation or proposal from a certified minority business enterprise (MBE) or from a certified women business enterprise (WBE). If the jurisdiction has established a lower ceiling for small purchases, then this lower ceiling should be followed. Document all steps taken, quotation/proposals received, and MWBE outreach efforts made. Requests for quotes, proposals, etc., do not have to be advertised in a newspaper of general circulation. When using small purchase procedures, it is strongly recommended the selected firm's references and ability to perform be thoroughly checked. RCW 39.04.155(3) for details. Q. SEND NOTICE OF CONTRACT AWARD TO BLOCK GRANT ADMINISTRATOR Within ten (10) days after contract award and signing, the grantee must submit a Notification of Contract Award and Start of Construction form (Attachment 8-B) to the Project Manager. The form identifies the jurisdiction, project name and location, BLOCK GRANT contract number, contractor, award date, contract amount, bid opening date, wage decision number, modifications (if any), and the preconstruction conference meeting date. R. DEVELOP AND IMPLEMENT CODE OF STANDARDS OF CONDUCT 24 CFR §85.36(b)(3) requires the grantee to maintain a written code of standards of conduct governing the performance of their employees engaged in the award and administration of contracts supported with federal funds. No employee, officer or agent of the grantee or any subrecipient will participate in the selection or in the award or administration of a contract supported by federal funds if a conflict of interest, real or apparent, would be involved. See Attachment 7-L for a sample code of standards of conduct. S. MAINTAIN PROCUREMENT RECORDS Project Managers are required to keep records of all construction contract procurement processes conducted as part of a grant -assisted project. These records must include copies of the bid package, proof of publication of the advertisement for bids, distribution lists for the bid solicitation, minutes of the public bid opening, bid tabulations and technical reviews, recommendation of award, verification of required bidder certifications and bonding, verification of contractor eligibility and registration, and the notice of contract award. The records must document that the procurement process was conducted in such a manner as to ensure maximum free and open competition and that each step of the solicitation and decision making processes was undertaken in a sound and reasonable manner without conflict of interest or bias. Administrative Order No. 567 — Bidding Contracting for Block Grant Funds Page 12 T. REQUIRED REPORTS Project Managers must include data about their use of local, minority and women contractors as part of their quarterly Contract and Subcontract Activity Report submission to the Project Manager (see Attachment 7-K). U. COMPLIANCE MONITORING PROCESS The Project Manager will review assisted construction contract procurement processes to determine whether all procedural requirements and timeframes were met; required affirmative action steps were taken to attract MWBE participation; contracts were awarded to the responsible bidder offering the lowest bid; and all steps of the process were adequately documented. Determination of compliance will be made if the grantee can demonstrate adequate performance of all required steps in the procurement process. Approved: -711 � Dave Zabell, C3 y -Ma ager Date Administrative Order No. 567 — Bidding Contracting for Block Grant Funds Page 13 ATTACHMENT 7-A U.S. Department of Housing and Urban Development REQUEST FOR WAGE DETERMINATION Contractor/Subcontractor: Telephone #: Date: Recipient/Subrecipient Name Address: Address: Contact: Contact: Estimated Estimated Bid Estimated Award Estimated Estimated Dollar Advertising Date: Opening Date: Date: Construction Start: Value of Contracts: Contract Number & Location County: State: Type of Work: # Stories Rehab S/F Res Res —Building Residential — — — —M/F Commercial_ Public Work _CIAP —Streets —Sidewalk —Parks —Units; Prog. Description of Work: (Be Specific) State Wage Decision: County: Effective Date: Federal Wage Decision: Modification: Published Date: Prepared by: Title Date ATTACHMENT 7-13 BIDDER CERTIFICATION REQUIRED BY EXECUTIVE ORDER 11246 U.S. Department of Housing and Urban Development CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as in initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such bidder shall be required to submit a compliance report within seven (7) calendar days after bid opening. No contract shall be awarded unless such report is submitted. CERTIFICATION BY BIDDER Name and Address of Bidder (include zip code): 1. Bidder has participated in a previous contractor subcontract subject to the Equal Opportunity Clause ❑ YES ❑ NO 2. Compliance Reports were required to be filed in connection with such contract or subcontract. ❑ YES ❑ NO 3. Bidder has filed all compliance reports due under applicable instructions, including SF -100. ❑ YES ❑ NO ❑ NOT REQUIRED 4. Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as amended? ❑ YES ❑ NO Name and Title of Signer (please type) Signature Date ATTACHMENT 7-C SUBCONTRACTOR CERTIFICATION REQUIRED BY EXECUTIVE ORDER 11246 U.S. Department of Housing and Urban Development CERTIFICATION OF PROPOSED SUBCONTRACTOR REGARDING EQUAL EMPLOYMENT OPPORTUNITY Name of Prime Contractor Project Number INSTRUCTIONS This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing rules and regulations provide that any bidder or prospective contractor, or any of their proposed subcontractors, shall state as in initial part of the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions. Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such subcontractor shall be required to submit a compliance report before the owner approves the subcontract or permits work to begin under the subcontract. SUBCONTRACTOR'S CERTIFICATION Name and Address of Subcontractor (include zip code): 1. Bidder has participated in a previous contractor subcontract subject to the Equal Opportunity Clause ❑ YES ❑ NO 2. Compliance Reports were required to be filed in connection with such contract or subcontract. ❑ YES ❑ NO 3. Bidder has filed all compliance reports due under applicable instructions, including SF -100. ❑ YES ❑ NO ❑ NOT REQUIRED 4. Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as amended? ❑ YES ❑ NO Name and Title of Signer (please type) Signature Date NOTE: If a subcontract is under $10,000, this form is not required. ATTACHMENT 7-D (1) CONTRACTOR SECTION 3 PLAN (Affirmative Action) [CONTRACTOR]. agrees to implement the following specific affirmative actions directed at increasing the utilization of lower income residents and businesses within the City of Pasco. A. To ascertain the exact boundaries of the Section 3 covered project area and where advantageous, seek the assistance in preparing and implementing the affirmative action plan. B. To attempt to recruit from within the City of Pasco the necessary number of lower income residents through: Local advertising media, signs placed at the proposed site for the project, notices posted at the Public Housing Authorities, community work source organizations, and public or private institutions operating within or serving the project area such as the Employment Security Department. C. To maintain a list of all lower income area residents who have applied either on their own or on referral from any source, and to employ such persons if otherwise eligible and if a vacancy exists. D. To insert this Section 3 plan in all lower -tier bid documents, and to require all bidders on subcontracts to submit a Section 3 affirmative action plan, including utilization goals and the specific steps planned to accomplish these goals if greater than $100,000. E. To ensure that subcontracts, which are typically let on negotiated rather than a bid basis in areas other than Section 3 covered project areas, are also let on a negotiated basis, whenever feasible, when let in a Section 3 covered project area. F. To formally contact unions, subcontractors and trade associations to secure their cooperation for this program. G. To insure that all appropriate project area business concerns are notified of pending subcontractural opportunities. H. To maintain records, including copies of correspondence, memoranda, etc., which document that all of the above affirmative action steps have been taken. I. To appoint or recruit an executive official of the company or agency as Equal Opportunity Officer to coordinate the implement -action of this Section 3 plan. J. To list on Table A information related to subcontracts to be awarded. K. To list on Table B all projected workforce needs for all phases of this project by occupation, trade, skill level and number of positions. NOTE: If a prime or subcontract is under $100,000, this form with Tables A and B is not required. ATTACHMENT 7-D (2) As officers and representatives of f CONTRACTORI: We the undersigned have read and fully agree to this Affirmative Action Plan, and become a part of the full implementation of this program. Signature Title Date ATTACHMENT 7-E PROPOSED SUBCONTRACTS BREAKDOWN TABLE FOR THE PERIOD COVERING 920 through 20 (Duration of the CDBG-Assisted Project) Column I Column 2 Column 3 Column 4 Column 5 Type of Contract (Business or Profession) Total Number of Contracts Total Approximate Dollar Amount Estimated Number of Contracts to Project Area Businesses* Estimated Dollar Amount to Project Area Businesses* *The Project Area is coextensive with the Company Project Name Project Number Equal Employment Opportunity Officer (Signature) Date ATTACHMENT 7-F ESTIMATED PROJECT WORKFORCE BREAKDOWN TABLE B Column 1 Column 2 Column 3 Column 4 Column 5 Job Category Total Estimated Positions No. of Positions Currently Occupied by Permanent Employee No. of Positions Not Currently Occupied No. of Positions to be Filled with L.I.P.A.R* Officers/Supervisors Professionals Technicians Housing Sales/Rental Management Office Clerical Service Workers Others TRADE: Journeymen Helpers Apprentices Maximum # Trainees Others TRADE: Journeymen Helpers Apprentices Maximum # Trainees Others TOTAL "Lower Income Project Area Residents. Individuals residing within the Kennewick -Pasco -Richland Metropolitan Statistical Area (MSA) whose family income does not exceed 80% of the area median income as established by HUD. Company Contractor Compliance Form CDBG HOME NSP Programs ATTACHMENT 7-G THIS FORM MUST BE COMPLETED BY ALL GENERAL CONTRACTORS AND ress: M of Business: WA License No: EIN: Women Business Enterprise (WBE)? Minority Business Enterprise (MBE)? ❑ No ❑ Yes ❑ No ❑ Yes if yes, enter racial/ethnic code from below: Bidding as a: ❑General Contractor ❑Sub -Contractor, indicate General Contractor name: Current number Current number of minority employees: I If minority employees enter racial/ethnic code from below: Code: 1 2 3 Number: Total Dollar amount of Bid: 4 5 6 SECTION II. New Hires when Bid exceeds $100,000 (must comply with Section 3 requirements) Number of employees to be hired for this contract Number of Low -Income Project Area Residents (L.I.P.A.R.) CODES 1. White 2. Black/African American 3. American Indian/Alaskan Native 4. Asian 5. Native Hawaiian/Pacific Islander 6. Hispanic/Latino I hereby certify that it is the policy of the undersigned to comply with all existing laws prohibiting discrimination in all aspects of employment due to race, color, creed, sex, age, religion, national origin, marital status, receipt of public assistance or disability. This shall be accomplished substantially by the following actions: Nondiscrimination in RECRUITING, HIRING, TRAINING, PROMOTING. SUBCONTRACTING, DEMOTION. LAYOFF. and/or TERMINATION. Date Form 17 (01/2013) The City of Pasco does not discriminate on the basis of race, color, creed, national origin, sex, religion, age, disability, marital status, status with regard to public assistance, sexual orientation or familial status, in the employment and/or the provision of services. Equal Opportunity Housing and Equal Opportunity Employment Contractor Compliance Form ATTACHMENT 7-G CDBG HOME NSP Programs THIS FORM MUST BE COMPLETED BY ALL GENERAL CONTRACTORS AND SUBCONTRACTORS PROVIDING BIDS. SECTION I. COI Name Address: Type of Business: WA License No: EIN: Women Business Enterprise (WBE)? ❑ No ❑ Yes as a: Minority Business Enterprise (MBE)? ❑ No ❑ Yes if yes, enter racial/ethnic code from below: b -Contractor, indicate General Contractor name: Current number of employees: Current number of women employees: Current number of minority employees: If minority employees enter racial/ethnic code from below: Code: 1 Number: Total Dollar amount of Bid: 2 3 4 5 6 Number of employees to be hired for this contract Number of Low -Income Project Area Residents (L.I.P.A.R.) to be hired for this contract: RACIAL/ETHNIC CODES 1. White 2. Black/African American 3. American Indian/Alaskan Native 4. Asian 5. Native Hawaiian/Pacific Islander 6. Hispanic/Latino I hereby certify that it is the policy of the undersigned to comply with all existing laws prohibiting discrimination in all aspects of employment due to race, color, creed, sex, age, religion, national origin, marital status, receipt of public assistance or disability. This shall be accomplished substantially by the following actions: Nondiscrimination in RECRUITING, HIRING. TRAINING. PROMOTING, SUBCONTRACTING, DEMOTION, LAYOFF, and/or TERMINATION. Date Eaual Ooportunity Housing and Eaual Opportunity Employment The City of Pasco does not discriminate on the basis of race, color, creed, national origin, sex, religion, age, disability, marital status, status with regard to public assistance, sexual orientation or familial status, in the employment and/or the provision of services. (12/2015) ATTACHMENT 7•H EXAMPLE OF ADVERTISEMENT FOR CONSTRUCTION CONTRACT BIDS City of Devin Business Development Building Bid Date, September 1, 2002 Estimated Cost of Project: $1,200,000.00 INTIVATION FOR BIDS Sealed bids will be received by the City of Devin Public Works Office, located at 130 SE Cascade Avenue, PO Box 413, Devin, WA 98684, until 2 P.M., September 21, 2002, for the general contract for construction of an 80' by 250', 40,000 square foot, two-story, steel frame business development building with metal roof and siding, The project includes floor, wall and ceiling finishes, HVAC, plumbing, electrical, fire protection system, and site work. Bidding documents for the project are prepared by Delco Engineering, Inc., P.S. Availability of Bidding Documents: Bona fide general contractors may obtain the contract documents at the office of Delco Engineering, Inc., P.S., located at 1313 West Clark, Nimbi, WA 99301, (509) 454-4402 upon payment of $75.00 per set. Copies of the contract documents may be examined at the following locations: Portland Plan Center, 1125 SE Madison, Portland OR; Associated General Contractors, 1200 Westlake North, Seattle, WA; 528 N. 20th, Yakima, WA; Spokane Construction Council, E. 102 Boone Street, Spokane, WA; Tri -City Construction Council, 34 Vista Way, Kennewick, WA; Associated Women Contractors, 921 South Elm, Seattle WA. Bid security: A certified or bank cashier's check in the amount of five percent (5%) of the bid amount, payable to the City of Devin, or bid bond executed by a licensed bonding company is required with each bid. Rejection of Bids: The city shall have the right to reject any or all bids not accompanied by bid security or data required by the bidding document or a bid in any way incomplete or irregular. The City of Devin is an equal opportunity and affirmative action employer. Small, minority- and women -owned businesses are encouraged to submit bids. All work performed on the project will be subject to the higher of prevailing state or federal Davis -Bacon wage rates. This project is funded by a federal grant from the U.S. Department of Housing and Urban Development and the Washington State Community Development Block Grant program. The bids will be open at 2 P.M., September 21, 2002, at the offices of Devin Public Works Department, located at 130 SE Cascade Avenue, Devin WA. For more information call Shawn Gometz at (509) 427-5484. ATTACHMENT 7.1 (1) City of Pasco Community Development Block Grant Program Section Subject 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. GENERAL CONDITIONS Contents Contract and Contract Documents Definitions Additional Instructions and Detail Drawings Shop or Setting Drawings Materials, Services and Facilities Contractor's Title of Materials Inspection and Testing of Materials "Or Equal" Clause Patents Surveys, Permits and Regulations Contractor's Obligations Weather Conditions Protection of Work and Property -- Emergency Inspection Access to Records Reports, Records and Data Superintendence by Contractor Changes in Work Extras Time for Completion and Liquidated Damages Correction of Work Subsurface Conditions Found Different Claims for Extra Costs Right of Owner to Terminate Contract Construction Schedule and Periodic Estimates Payments to Contractor Acceptance of Final Payment as Release Payments by Contractor Insurance, Contractor's Contract Security Additional or Substitute Bond Assignments Mutual Responsibility of Contractors Separate Contracts Subcontracting Architect/Engineer's Authority Section Subject 37. Stated Allowances 38. Use of Premises and Removal of Debris 39. Quantities of Estimate 40. Lands and Right -of -Way 41. General Guaranty 42. Conflicting Conditions 43. Notice and Service Thereof 44. Required Provisions Deemed Inserted 45. Protection of Lives and Health 46. Subcontracts 47. Interest of Member of Congress 48. Other Prohibited Interests 49. Use Prior to Owner's Acceptance 50. Photographs of the Project 51. Suspension of Work Note: Items 52 - 66 are omitted. 67. Ineligible Subcontractors 68. Provisions to be Included 69. Breach of Labor Standards 70. Employment Practices 71. Contract Termination; Debarment 72. Federal Labor Standards Provisions (Follows Paragraph 84) 73. Compliance with State Wage Requirements 74. Title VI of the Civil Rights Act 75. Section 109 of Housing & Community Development Act of 1974 76. Age Discrimination Act of 1975 77, Section 504 of Rehabilitation Act 78. Section 3 of Housing & Community Development Act of 1968 79. EO 11246 Equal Opportunity Clause 80. EO 11246 Segregated Facilities 81. EO 11246 Notice, Requirement for Affirmative Action 82. EO 11246, Standard Federal Equal Employment Opportunity 83. State Nondiscrimination Clause 84. Americans with Disabilities Act of 1990 ATTACHMENT 7-1(2) Index of Contents Subject Section Subject Section Age Discrimination Act of 1975 .................... 76 Guaranty, General..........................................41 Access to Records..........................................15 Ineligible Subcontractors...............................67 Accident Prevention.......................................45 Inspection ....................................................... 14 Additional or Substitute Bond ....................... 31 Inspection of Materials ..................................... 7 Additional Instructions....................................3 Insurance ........................................................ 29 Affirmation Action Requirements ................. 81 Labor Standards, Breach of ...........................69 Allowances.....................................................36 Lands and Rights -of -Way .............................. 40 Americans with Disabilities Act of 1990....... 84 Legal Provisions, Implied..............................44 Architect's Authority ..................................... 36 Liquidated Damages ....................................... 20 Assignments................................................... 32 Lower Income Resident Employment ............ 83 Bond, Security................................................30 Materials, Services and Facilities ..................... 5 Bond, Additional or Substitute ...................... 31 Member of Congress Interest ......................... 47 Breach in Labor Standards ............................. 69 Non-discrimination in Employment ........ 75-77, 83 Changes in Work............................................18 Notice and Service Thereof ........................... 43 Claims for Extra Cost ..................................... 23 Obligations of Contractor ............................... 1 l Completion Time...........................................20 "Or Equal" Clause ............................................ 8 Condition, Subsurface .................................... 22 Owner's Right to Terminate ..........................24 Conflicting Conditions ................................... 42 Patents..............................................................9 Construction Schedule...................................25 Payments by Contractor ................................. 28 Contract Documents ......................................... l Payments to Contractor .................................. 26 Contract Security...........................................30 Periodic Estimates .......................................... 25 Contract Termination ..................................... 71 Permits, Surveys and Regulations .................. 10 Contractor's Insurance...................................29 Photographs of the Projects ............................ 50 Contractor's Mutual Responsibility ............... 33 Prohibited Interests ......................................... 48 Contractor's Obligations ................................ 11 Protection of Lives and Health ....................... 45 Contractor's Title to Materials ......................... 6 Protection of Work and Property ...................13 Correction of Work........................................21 Provisions Required by Law .......................... 44 Damages, Liquidated.....................................20 Provisions to be Included in Subcontracts .....68 Data, Reports and Records .............................16 Quantities of Estimate .................................... 39 Debarment......................................................71 Rehabilitation Act, Section 504 .....................77 Debris Removal ............................................. 38 Release of Contractor ..................................... 27 Definitions........................................................ 2 Removal of Debris.........................................38 Detail Drawings ............................................... 3 Reports, Records and Data ............................. 16 Different Subsurface......................................22 Responsibility of Contractor .......................... 33 Discrimination, Employment...............75-77,82 Right of Owner to Terminate ......................... 24 Drawings, Detail..............................................3 Rights -of -Way ................................................ 40 Emergencies...................................................13 Schedule of Construction ............................... 25 Employment of Lower Income Residents ...... 76 Section 3 of HCD Act of 1968 .......................78 Employment Practices...................................70 Section 109 of HCD Act of 1974...................75 Equal Employment Opportunities ........... 75-77,82 Section 504 of Rehabilitation Act..................77 Equal Opportunity Clause, EO 11246 ...........79 Security, Contract...........................................30 Estimated Quantities......................................39 Segregated Facilities, EO 11246....................80 Extras.............................................................19 Separate Contracts .......................................... 34 Federal Labor Standards Provisions ..............72 Services, Materials and Facilities ..................... 5 Final Payment Acceptance .............................27 Shop Drawings ................................................. 4 ATTACHMENT 7-1(3) Subject Section Subject Section State Nondiscrimination Clause.....................83 Termination of Contract .............................. 24, 71 State Prevailing Wages, Compliance with ..... 73 Testing of Materials.........................................7 Stated Allowances..........................................37 Time for Completion ...................................... 20 Subcontracting............................................35, 46 Title VI Civil Rights Act ................................ 74 Subcontractors, Ineligible..............................67 Title VI Nondiscrimination Clause ................ 74 Subcontractor's Insurance .............................29 Title to Materials, Contractors .........................6 Substitute Bond .............................................. 31 Use and Occupancy ........................................ 49 Subsurface Conditions...................................22 Use of Premises .............................................. 38 Superintendence by Contractor .....................17 Use Prior to Owner's Acceptance .................. 49 Surveys, Permits and Regulations .................10 Weather Conditions ........................................ 12 Suspension of Work.......................................51 ATTACHMENT 7.1(4) 1. Contract and Contract Numbers The project to be constructed pursuant to this contract will be financed with assistance from the Department of Housing and Urban Development, as administered through the City of Pasco, and is subject to all applicable federal and state laws and regulations. The Plans, Specifications and Addenda, hereinafter enumerated in this section, "General Conditions," shall form part of this contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The table of contents, titles, headings, running headlines and marginal notes contained herein and in said documents are solely to facilitate reference to various provisions of the contract documents and in no way affect, limit or cast light on the interpretation of the provisions to which they refer. 2. Definitions The following terms as used in this contract are respectively defined as follows: (a) "Contractor": A person, firm or corporation with whom the contract is made by the owner; (b) "Subcontractor": A person, firm, or corporation supplying labor and materials or only labor for work at the site of the project for, and under separate contract or agreement with, the Contractor; and (c) "Work on (at) the project': Work to be performed at the location of the project, including the transportation of materials and supplies to or from the location of the project by employees of the Contractor and any subcontractor. 3. Additional Instructions and Detail Drawings The Contractor will be furnished additional instructions and detail drawings as necessary to carry out the work included in the contract. The additional drawings and instructions thus supplied to the Contractor will coordinate with the Contract Documents and will be so prepared that they can be reasonably interpreted as part thereof The Contractor shall carry out the work in accordance with the additional detail drawings and instructions. The Contractor and the Architect/Engineer will prepare jointly (a) a schedule, fixing the dates at which special detail drawings will be required, such drawings, if any, to be furnished by the Architect/Engineer in accordance with said schedule, and (b) a schedule fixing the respective dates for the submission of shop drawings, the beginning of manufacture, testing and installation of materials, supplies and equipment, and the completion of the various parts of the work; each such schedule to be subject to change from time to time in accordance with the progress of the work. 4. Shop or Setting Drawings The Contractor shall submit promptly to the Architect/Engineer two copies of each shop or setting drawing prepared in accordance with the schedule predetermined as aforesaid. After examination of such drawings by the Architect/Engineer and the return thereof, the Contractor shall make such corrections to the drawings as have been indicated and shall furnish the Architect/Engineer with two corrected copies. If requested by the Architect/Engineer the Contractor must furnish additional copies. ATTACHMENT 7.1(5) 5. Materials, Services and Facilities (a) It is understood that except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, superintendence temporary construction of every nature, and all other services and facilities of every nature whatsoever necessary to execute, complete and deliver the work within the specified time. (b) Any work necessary to be performed after regular working hours, on Sundays or legal holidays, shall be performed without additional expense to the owner. 6. Contractor's Title to Materials No materials or supplies for the work shall be purchased by the Contractor or by any Subcontractor subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. The Contractor warrants that he has good title to all materials and supplies used by him in the work, free from all liens, claims or encumbrances. 7. Inspection and Testing of Materials (a) All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards. The laboratory or inspection agency shall be selected by the Owner. The Owner will pay for all laboratory inspection services directly, and not as a part of the contract. (b) Materials of construction, particularly those upon which the strength and durability of the structure may depend, shall be subject to inspection and testing to establish conformance with specifications and suitability for uses intended. 8. "Or Equal" Clause Whenever a material, article or piece of equipment is identified on the plans or in the specifications by reference to manufacturers' or vendors' names, trade names, catalogue numbers, etc., it is intended merely to establish a standard; and, any material, article or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article or equipment so proposed, is, in the opinion of the Architect/Engineer, of equal substance and function. It shall not be purchased or installed by the Contractor without the Architect/Engineer's written approval. 9. Patents (a) The Contractor shall hold and save the Owner and its officers, agents, servants and employees harmless from liability of any nature or kind, including cost and expenses for, or on account of, any patented or unpatented invention, process, article or appliance manufactured or used in the performance of the contract, including its use by the Owner, unless otherwise specifically stipulated in the Contract Documents. (b) License or Royalty Fees: License and/or Royalty Fees for the use of a process which is authorized by the Owner of the project must be reasonable, and paid to the holder of the patent, or his authorized licensee, directly by the Owner and not by or through the Contractor. ATTACHMENT 7-1(6) (c) If the Contractor uses any design, device or materials covered by letters, patent or copyright, he shall provide for such use by suitable agreement with the Owner of such patented or copyrighted design, device or material. It is mutually agreed and understood that, without exception, the contract prices shall include all royalties or costs arising from the use of such design, device or materials in any way involved in the work. The Contractor and/or his Sureties shall indemnify and save harmless the Owner of the project from any and all claims for infringement by reasoning of the use of such patented or copyrighted design, device or materials or any trademark or copyright in connection with work agreed to be performed under this contract, and shall indemnify the Owner for any cost, expense or damage which it maybe obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work. 10. Surveys, Permits and Regulations Unless otherwise expressly provided for in the Specifications, the Owner will furnish to the Contractor all surveys necessary for the execution of the work. The Contractor shall procure and pay all permits, licenses and approvals necessary for the execution of his contract. The Contractor shall comply with all laws, ordinances, rules, orders and regulations relating to performance of the work, the protection of adjacent property, and the maintenance of passageways, guard fences or other protective facilities. 11. Contractor's Obligations The Contractor shall and will, in good workmanlike manner, do and perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this contract, within the time herein specified, in accordance with the provisions of this contract and said specifications, and in accordance with the plans and drawings covered by this contract, and any and all plans and drawings covered by this contract and any and all supplemental plans and drawings, and in accordance with the directions of the Architect/Engineer as given from time to time during the progress of the work. He shall fumish, erect, maintain and remove such construction plan and such temporary works as may be required. The Contractor shall observe, comply with, and be subject to all terms, conditions, requirements and limitations of the contract and specifications, and shall do, cart' on and complete the entire work to the satisfaction of the Architect/Engineer and the Owner. 12. Weather Conditions In the event of temporary suspension of work, or during inclement weather, or whenever the Architect/Engineer shall direct, the Contractor will, and will cause his subcontractors to protect carefully his and their work and materials against damage or injury from the weather. If, in the opinion of the Architect/Engineer, any work or materials shall have been damaged or injured by reason of failure on the part of the Contractor or any of his subcontractors so to protect his work, such materials shall be removed and replaced at the expense of the Contractor. 13. Protection of Work and Property—Emergency ATTACHMENT 7.1(7) The Contractor shall at all times safely guard the Owner's property from injury or loss in connection with this contract. He shall at all times safely guard and protect his own work, and that of adjacent property from damage. The Contractor shall replace or make good any such damage, loss or injury unless such be caused directly by errors contained in the contract or by the Owner, or his duly authorized representatives. In case of an emergency, which threatens loss or injury of property, and/or safety of life, the Contractor will be allowed to act, without previous instructions from the Architect/Engineer, in a diligent manner. He shall notify the Architect/Engineer immediately thereafter. Any claim for compensation by the Contractor due to such extra work shall be promptly submitted to the Architect/Engineer for approval. Where the Contractor has not taken action but has notified the Architect/Engineer of an emergency threatening injury to persons or damage to the work or any adjoining property, he shall act as instructed or authorized by the Architect/Engineer. The amount of reimbursement claimed by the Contractor on account of any emergency action shall be determined in the manner provided in Paragraph 18 of the General Conditions. 14. Inspection The authorized representatives and agents of the Department of Housing and Urban Development shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices or materials, and other relevant data and records. 15. Access to Records The Contractor agrees to keep such records as the Owner may require. All such records shall be available to the Owner and duly authorized officials of the state for examination. All records pertinent to this project shall be retained by the Contractor for a period of three (3) years after the final audit. 16. Reports, Records and Data The Contractor shall submit to the Owner such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records and other data as the Owner may request concerning work performed or to be performed under this contract. 17. Superintendence by Contractor At the site of the work, the Contractor shall employ a construction superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Architect/Engineer and shall be one who can be continued in that capacity for the particular job involved unless he ceases to be on the Contractor's payroll. ATTACHMENT 7.1 (8) 18. Changes in Work No changes in the work covered by the approved Contract Documents shall be made without having prior written approval of the Owner. Charges or credits for the work covered by the approved change shall be determined by one or more, or a combination, of the following methods: (a) Unit bid prices previously approved; (b) An agreed lump sum; and (c) The actual cost of: Labor, including foremen; 1. Materials entering permanently into the work; 2. The ownership or rental cost of construction plant and equipment during the time of use on the extra work; 3. Power and consumable supplies for the operation of power equipment; 4. Insurance; and 5. Social Security, disability, and unemployment contributions. To the cost under (c) there shall be added a fixed fee to be agreed upon but not to exceed fifteen percent (15%) of the actual cost of the work. The fee shall be compensation to cover the cost of supervision, overhead, bond, profit and any other general expenses. 19. Extras Without invalidating the contract, the Owner may order extra work or make changes by altering, adding to or deducting from the work, the contract sum being adjusted accordingly, and the consent of the Surety being first obtained where necessary or desirable. All the work of the kind bid upon shall be allowed unless the work is ordered in writing by the Owner or its Architect/Engineer, acting officially for the Owner, and the price is stated in such order. 20. Time for Completion and Liquidated Damages It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning and the time for completion as specified in the contract of the work to be done hereunder are ESSENTIAL CONDITIONS of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the "Notice to Proceed." The Contractor agrees that said work shall be prosecuted regularly, diligently and uninterruptedly at such rate of progress as will ensure full completion thereof within the time specified. It is expressly understood and agreed, by and between the Contractor and the Owner, that the time for the completion of the work described herein, is a reasonable time for the completion of the same, taking into consideration the average time for the completion of the same, taking into consideration the average climatic range, and usual industrial conditions prevailing in this locality. If the said Contractor shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree, as a part consideration for the awarding of this contract, to pay to the Owner the amount specified in the contract, not as a penalty but as liquidated damages for such breach of contract as ATTACHMENT 7-1(9) hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the contract for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain, and said amount is agreed to be the amount of damages which the Owner would sustain and said amount shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this contract and of the specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this contract. Provided, that the Contractor shall not be charged with liquidated damages or any excess cost when the Owner determines that the Contractor is without fault and the Contractor's reasons for the time extension are acceptable to the Owner; Provided, further, that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due: (a) To any preference, priority or allocation order duly issued by the Government; (b) To unforeseeable cause beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God, or of the public enemy, acts of the Owner, fire, flood, epidemics, quarantine restrictions, strikes, freight embargoes and severe weather; and (c) To any delays of Subcontractors or supplies occasioned by any of the causes specified in subsections (a) and (b) of this article. Provided, further, that the Contractor shall, within ten (10) days from the beginning of such delay, unless the Owner shall grant a further period of time prior to the date of final settlement of the contract, notify the Owner, in writing, of the causes of the delay, who shall ascertain the facts and extent of the delay and notify the Contractor within a reasonable time of its decision in the matter. 21. Correction of Work All work, all materials, whether incorporated in the work or not, all processes of manufacture and all methods of construction shall be at all times and places subject to the inspection of the Architect/Engineer who shall be the final judge of the quality and suitability of the work, materials, processes of manufacture and methods of construction for the purposes for which they are used. Should they fail to meet his approval they shall be forthwith reconstructed, made good, replaced and/or corrected, as the case may be, by the Contractor at his own expense. Rejected material shall immediately be removed from the site. If, in the opinion of the Architect/Engineer, it is undesirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents, the compensation to be paid to the Contractor hereunder shall be reduced by such amount as in the judgement of the Architect/Engineer shall be equitable. 22. Subsurface Conditions Found Different Should the Contractor encounter subsurface and/or latent conditions at the site materially differing from those shown on the Plans or indicated in the Specifications, he shall immediately give notice to the Architect/Engineer of such conditions before they are disturbed. The Architect/Engineer will ATTACHMENT 7-1(10) thereupon promptly investigate the conditions, and if he finds that they materially differ from those shown on the Plans or in the Specifications, he will at once make such changes in the Plans and/or Specifications as he may find necessary, any increase or decrease of cost resulting from such changes to be adjusted in the manner provided in Paragraph 18 4-7 of the General Conditions. 23. Claims for Extra Cost No claim for extra work or cost shall be allowed unless the same was done in pursuance of a written order of the Architect/Engineer approved by the Owner, as aforesaid, and the claim presented with the first estimate after the changed or extra work is done. When work is performed under the terms of subparagraph 18(c) of the General Conditions, the Contractor shall furnish satisfactory bills, payrolls and vouchers covering all items of cost and when requested by the Owner, give the Owner access to accounts relating thereto. 24. Right of the Owner to Terminate Contract hi the event that any of the provisions of this contract are violated by the Contractor, or by any of his subcontractors, the Owner may serve written notice upon the Contractor and the Surety of its intention to terminate the contract, such notices to contain the reasons for such intention to terminate the contract, and unless within ten (10) days after the serving of such notice upon the Contractor, such violation or delay shall cease and satisfactory arrangement of correction be made, the contract shall, upon the expiration of said ten (10) days, cease and terminate. In the event of any such termination, the Owner shall immediately serve notice thereof upon the Surety and the Contractor and the Surety shall have the right to take over and perform the contract; provided, however, that if the Surety does not commence performance thereof within ten (10) days from the date of the mailing to such Surety of notice of termination, the owner may take over the work and prosecute the same to completion by contract or by force account for the account and at the expense of the Contractor and the Contractor and his Surety shall be liable to the Owner for any excess cost occasioned the Owner thereby, and in such event the Owner may take possession of and utilize in completing the work, such materials, appliances and plant as may be on the site of the work and necessary therefore. 25. Construction Schedule and Periodic Estimates Immediately after execution and delivery of the contract, and before the first partial payment is made, the Contractor shall deliver to the Owner an estimated construction progress schedule in form satisfactory to the Owner, showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract Documents and the anticipated amount of each monthly payment that will become due the Contractor in accordance with the progress schedule. The Contractor shall also furnish on forms to be supplied by the Owner (a) a detailed estimate giving a complete breakdown of the contract price and (b) periodic itemized estimates of work done for the purpose of making partial payments thereon. The costs employed in making up any of these schedules will be used only for determining the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the contract price. 26. Payments to Contractor (a) The Owner shall make progress payments to the Contractor on the basis of a duly certified and approved estimates of work performed during the preceding calendar month under this contract, but to ensure the proper performance of this contract, the Owner shall retain ten percent (10%) of ATTACHMENT 7.1 (11) the amount of each estimate until final completion and acceptance of all work covered by this contract: Provided that the Contractor shall not submit his estimate more often than once per month; Provided, further, that on completion and acceptance of each separate building, public work, or other division of the contract, on which the price is stated separately in the contract, payment may be made in full, including retained percentages thereon, less authorized deductions. (Retainage procedures as specified in Title 60 Revised Code of Washington (RCW) 60.28.010 may be used in lieu of paragraph 26(a) of Attachment 7-I.) (b) In preparing estimates, the material delivered on the site and preparatory work done may be taken into consideration. (c) All material and work covered by partial payments made shall thereupon become the sole property of the Owner, but this provision shall not be construed as relieving the Contractor from the sole responsibility for the care and protection of materials and work upon which payments have been made or the restoration of any damaged work, or as a waiver of the Owner to require the fulfillment of all the terms of the contract. (d) Owner's Right to Withhold Certain Amounts and make Application Thereof: The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, materialmen, and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary incurred in the furtherance of the performance of this contract. The Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the Contractor fails to do so, then the Owner may, after having served written notice on the said Contractor, either pay unpaid bills, of which the Owner has written notice, direct, or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the Contractor shall be resumed, in accordance with the terms of this contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor of his Surety. In paying any unpaid bills of the Contractor, the Owner shall be deemed the agent of the Contractor, and any payment so made by the Owner shall be considered as a payment made under the contract by the Owner to the Contractor and the Owner shall not be liable to the Contractor for any such payments made in good faith. 27. Acceptance of Final Payment Constitutes Release The acceptance by the Contractor of final payment shall be and shall operate as a release to the Owner of all claims and all liability to the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Owner and others relating to or arising out of this work. No payment, however, final or otherwise, shall operate to release the Contractor or his sureties from any obligations under this contract or the Performance and Payment Bond. 28. Payments by Contractor The Contractor shall pay (a) for all transportation and utility services not later than the 20`h day of the calendar month following that in which services are rendered, (b) for all materials, tools and ATTACHMENT 7.1(12) other expendable equipment to the extent of ninety percent (90%) of the cost thereof, not later than the 20a' day of the calendar month following that in which such materials, tools and equipment are delivered at the site of the project, and the balance of the cost thereof, not later than the 306' day following the completion of that part of the work in or on which such materials, tools and equipment are incorporated or used, and (c) to each of his subcontractors, not later than the 5th day following each payment to the Contractor, the respective amounts allowed the Contractor on account of the work performed by his subcontractors to the extent of each subcontractor's interest therein. 29. Insurance The Contractor shall not commence work under this contract until he has obtained all the insurance required under this paragraph and such insurance has been approved by the Owner, nor shall the Contractor allow any subcontractor to commence work on his subcontract until the insurance required of the subcontractor has been so obtained and approved. (a) Compensation Insurance: The Contractor shall procure and shall maintain during the life of this contract Workmen's Compensation Insurance as required by applicable State or territorial law for all of his employees to be engaged in work at the site of the project under this contract and, in case of any such work sublet, the Contractor shall require the subcontractor similarly to provide Workmen's Compensation Insurance. In case any class of employees engaged in hazardous work on the project under this contract is not protected under the Workmen's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide adequate employer's liability insurance for the protection of such of his employees as are not otherwise protected. (b) Contractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance: The Contractor shall procure and shall maintain during the life of this contract Contractor's Public Liability Insurance, Contractor's Property Damage Insurance and Vehicle Liability Insurance. (c) Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance: The Contractor shall either (1) require each of his subcontractors to procure and to maintain during the life of his subcontract, Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified in the Supplemental General Conditions specified in subparagraph (b) hereof or, (2) insure the activities of his policy, specified in subparagraph (b) hereof. (d) Scope of Insurance and Special Hazards: The Insurance required under subparagraphs (b) and (c) hereof shall provide adequate protection for the Contractor and his subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by him and, also against any of the special hazards which may be encountered in the performance of this contract as enumerated below. (e) Builder's Risk Insurance (Fire and Extended Coverage): Until the project is completed and accepted by the Owner, the Owner, or Contractor (at the Owner's option) is required to maintain Builder's Risk Insurance (fire and extended coverage) premiums during construction unless the Contractor is required to provide such insurance; however, this provision shall not release the Contractor from his obligation to complete, according to plans and specifications, the project ATTACHMENT 7.1(13) covered by the contract, and the Contractor and his Surety shall be obligated to full performance of the Contractor's undertaking. (f) Proof of Carriage of Insurance: The Contractor shall furnish the Owner with certificates showing the type, amount, class of operations covered, effective dates and date of expiration of policies. Such certificates shall also contain substantially the following statement: "The insurance covered by this certificate will not be canceled or materially altered, except after ten (10) days written notice has been received by the Owner." 30. Contract Security For contracts in excess of $100,000, the Contractor shall famish a performance bond in an amount at least equal to one hundred percent (100%) of the contract prices as security for the faithful performance of this contract and also a payment bond in an amount not less than one hundred percent (100%) of the contract price or in a penal sum not less than that prescribed by State, territorial or local law, as security for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract. The performance bond and the payment bond may be in one or in separate instruments in accordance with local law. For construction contracts under $100,000, the Local Public Body must require, consistent with RCW 39.08, a combined performance and payment bond of not less than 25% of the contract's price or more than 100% of the contract price to secure fulfillment of all of the Contractor's obligations under the contract and to assure payment of all persons supplying labor and materials to the Contractor. The amount of the bond, within these limits, may be fixed by general ordinance of the Local Public Body. 31. Additional or Substitute Bond If at any time the Owner, for justifiable cause, shall be or become dissatisfied with any surety or sureties, then upon the Performance or Payment Bonds, the Contractor shall within five (5) days after notice from the Owner to do so, substitute an acceptable bond (or bonds) in such form and sum and signed by such other surety or sureties as may be satisfactory to the Owner. The premiums on such bonds shall be paid by the Contractor. No further payments shall be deemed due nor shall be made until the new surety or sureties shall have furnished such an acceptable bond to the Owner. 32. Assignments The Contractor shall not assign the whole or any part of this contract or any moneys due or to become due hereunder without written consent of the Owner. In case the Contractor assigns all or any part of any moneys due or to become due under this contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any moneys due or to become due to the Contractor shall be subject to prior claims of all persons, firms and corporations of services rendered or materials supplied for the performance of the work called for in this contract. 33. Mutual Responsibility of Contractors If, through acts of neglect on the part of the Contractor, any other Contractor or any subcontractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other Contractor or subcontractor by agreement or arbitration if such other Contractor or subcontractors will so settle. If ATTACHMENT 7-1(14) such other Contractor or subcontractor shall assert any claim against the Owner on account of any damage alleged to have been sustained, the Owner shall notify the Contractor, who shall indemnify and save harmless the Owner against any such claim. 34. Separate Contracts The Contractor shall coordinate his operations with those of other Contractors. Cooperation will be required in the arrangement for the storage of materials and in the detailed execution of the work. The Contractor, including his subcontractors, shall keep informed of the progress and the detail work of other Contractors and shall notify the Architect/Engineer immediately of lack of progress or defective workmanship on the part of other Contractors. Failure of a Contractor to keep informed of the work progressing on the site and failure to give notice of lack of progress or defective workmanship by others shall be construed as acceptance by him/her of the status of the work as being satisfactory for proper coordination with his own work. 35. Subcontracting (a) The Contractor may utilize the services of specialty subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty subcontractors. (b) The Contractor shall not award any work to any subcontractor without prior written approval of the Owner, which approval will not be given until the Contractor submits to the Owner a written statement concerning the proposed award to the subcontractor, which statement shall contain such information as the Owner may require. (c) The Contractor shall be as fully responsible to the Owner for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. (d) The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the documents insofar as applicable to the work of subcontractors and to give the Contractor the same power as regards terminating any subcontract that the Owner may exercise over the Contractor under any provision of the contract documents. (e) Nothing contained in this contract shall create any contractual relation between any subcontractor and the Owner. 36. Architect/Engineer's Authority The Architect/Engineer shall give all orders and directions contemplated under this contract and specifications, relative to the execution of the work. The Architect/Engineer shall determine the amount, quality, acceptability and fitness of the several kinds of work and materials which are to be paid for under this contract and shall decide all questions which may arise in relation to said work and the construction thereof. The Architect/Engineer's estimates and decisions shall be final and conclusive, except as herein otherwise expressly provided. In case any questions shall arise between the parties hereto relative to said contract or specifications, the determination or decision of the Architect/Engineer shall be a condition precedent to the right of the Contractor to receive any money or payment for work under this contract affected in any matter or to any extent by such question. ATTACHMENT 7-1(15) The Architect/Engineer shall decide the meaning and intent of any portion of the specifications and of any plans or drawings where the same may be found obscure or be in dispute. Any differences or conflicts in regard to their work which may arise between the Contractor under this contract and other Contractors performing work for the Owner shall be adjusted and determined by the Architect/Engineer. 37. Stated Allowances The Contractor shall include in his proposal the cash allowance stated in the Supplemental General Conditions. The Contractor shall purchase the "Allowed Materials" as directed by the Owner on the basis of the lowest and best bid of at least three competitive bids. If the actual price for purchasing the "Allowed Materials" is more or less than the "Cash Allowance," the contract price shall be adjusted accordingly. The adjustment in contract price shall be made on the basis of the purchase price without additional charges for overhead, profit, insurance or any other incidental expenses. The cost of installation of the "Allowed Materials" shall be included in the applicable sections of the Contract Specifications covering this work. 38. Use of Premises and Removal of Debris The Contractor expressly undertakes at his own expense: (a) To take every precaution against injuries to persons or damage to property; (b) To store his apparatus, materials, supplies and equipment in such orderly fashion at the work site of the work as will not unduly interfere with the progress of his work or the work of any other Contractors; (c) To place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work; (d) To clean up frequently all refuse, rubbish, scrap materials and debris caused by his operations, to the end that at all times the site of the work shall present a neat, orderly and workmanlike appearance; (e) Before final payment to remove all surplus material, false -work, temporary structures, including foundations thereof, plant of any description and debris of every nature resulting from his operations, and to put the site in a neat, orderly condition; and (f) To effect all cutting, fitting or patching of his work required to make the same to conform to the plans and specifications and, except with the consent of the Architect/Engineer, not to cut or otherwise alter the work of any other Contractor. 39. Quantities of Estimate Wherever the estimated quantities of work to be done and materials to be furnished under this contract are shown in any of the documents, including the proposal, they are given for use in comparing bids and the right is especially reserved except, as herein otherwise specifically limited, to increase or diminish them as may be deemed reasonable necessary or desirable by the Owner to complete the work contemplated by this contract, and such increase or diminution shall in no way vitiate this contract, nor shall any such increase or diminution give cause for claims or liability for damages. ATTACHMENT 7-1(16) 40. Lands and Rights -of -Way Prior to the start of construction, the Owner shall obtain all lands and rights-of-way necessary for the carrying out and completion of work to be performed under this contract. Any property acquisition shall comply with Title II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies of 1970 (42 U.S.C. 4630). 41. General Guaranty Neither the final certificate of payment nor any provision in the Contract Documents, nor partial or entire occupancy of the premises by the Owner, shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any expressed warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects in the work and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the date of final acceptance of the work unless a longer period is specified. The Owner will give notice of observed defects with reasonable promptness. 42. Conflicting Conditions Any provisions in any of the Contract Documents which may be in conflict or inconsistent with any of the paragraphs in these general conditions shall be void to the extent of such conflict or inconsistency. 43. Notice and Service Thereof Any notice to any Contractor from the Owner relative to any part of this contract shall be in writing and considered delivered and the service thereof completed, when said notice is posted, by certified or registered mail, to the said Contractor at his last given address, or delivered in person to the said Contractor or his authorized representative on the work. 44. Provisions Required by Law Deemed Inserted Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the contract shall forthwith be physically amended to make such insertion or correction. 45. Protection of Lives and Health The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of his prosecution of the work. The safety provisions of applicable laws and building and construction codes, in addition to specific safety and health regulations described by Chapter XIII, Bureau of Labor Standards, Department of Labor, Part 1518, Safety and Health Regulations for Construction, as outlined in the Federal Register, Volume 36, No. 75, Saturday, April 17, 1971. Title 29 — LABOR, shall be observed and the Contractor shall take or cause to be taken, such additional safety and health measures as the Contracting Authority may determine to be reasonably necessary. ATTACHMENT 7-1(17) 46. Subcontracts The Contractor will insert in any subcontracts the Federal Labor Standards Provisions contained herein and such other clauses as the Department of Housing and Urban Development or CTED may, by instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. 47. Interest of Member of or Delegate to Congress No member of or Delegate to Congress, or Resident Commissioner, shall be admitted to any share or part of this contract or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. 48. Other Prohibited Interests No official of the Owner who is authorized in such capacity and on behalf of the Owner to negotiate, make, accept or approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspection, construction or material supply become directly or indirectly interested personally in this contract or in any part hereof. No officer, employee, architect, attorney, engineer or inspector of or for the Owner who is authorized in such capacity and on behalf of the Owner to exercise any legislative, executive, supervisory or other similar functions in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part thereof, any material supply contract, subcontract, insurance contract, or any other contract pertaining to the project. No officer or employee of the Washington State Department of Community, Trade and Economic Development or the Owner shall receive any personal or pecuniary gain or interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with this project. 49. Use and Occupancy Prior to Acceptance by Owner The Contractor agrees to the use and occupancy of a portion or unit of the project before formal acceptance by the Owner, provided by the Owner: (a) Secures written consent of the Contractor except in the event, in the opinion of the Architect/Engineer, the Contractor is chargeable with unwarranted delay in final cleanup of punch list items or other contract requirements; (b) Secures endorsement from the insurance -carrier and consent of the surety permitting occupancy of the building or use of the project during the remaining period of construction; or (c) When the project consists of more than one building, and one of the buildings is occupied, secures permanent fire and extended coverage insurance, including a permit to complete construction. Consent of the surety must also be obtained. 50. Photographs of the Project If required by the Owner, the Contractor shall furnish photographs of the project. ATTACHMENT 7-1(18) 51. Suspension of Work Should the Owner be prevented or enjoined from proceeding with work either before or after the start of construction by reason of any litigation or other reason beyond the control of the Owner, the Contractor shall not be entitled to make or assert claim for damage by reason of said delay; but time for completion of the work will be extended to such reasonable time as the Owner may determine will compensate for time lost by such delay with such determination to be set forth in writing. Note: Items 52 — 66 are omitted. 67. Ineligible Subcontractors The Contractor shall not subcontract any part of the work covered by this Contract or permit subcontracted work to be further subcontracted without the Local Public Agency's or Public Body's prior written approval of the subcontractor. The Local Public Agency or Public Body will not approve any subcontractor for work covered by this contract who is at the time ineligible under the provisions of any applicable regulations issued by the Secretary of Labor, U. S. Department of Labor or the Secretary of Housing and Urban Development, to receive and award of such subcontract. 68. Provisions to be Included in Certain Subcontracts The Contractor shall include or cause to be included in each subcontract covering any of the work covered by this Contract, provisions which are consistent with these Federal Labor Standards Provisions and also a clause requiring the subcontractors to include such provisions in any lower tier requiring such insertion in any further subcontracts that may in turn be made. 69. Breach of Foregoing Federal Labor Standards Provision In addition to the causes for termination of this Contract as herein elsewhere set forth, the Local Public Agency or Public Body reserves the right to terminate this Contract if the Contractor or any subcontractor whose subcontract covers any of the work covered by this Contract shall breach any of these Federal Labor Standards Provisions. A breach of these Federal Labor Standards Provisions may also be grounds for debarment as provided by the applicable regulations issued by the Secretary of Labor, U. S. Department of Labor. 70. Employment Practices The Contractor (1) shall, to the greatest extent practicable, follow hiring and employment practices for work on the project which will provide new job opportunities for the unemployed and under- employed, and (2) shall insert or cause to be inserted the same provision in each construction subcontract. 71. Contract Termination; Debarment A breach of Section 45 and the Federal Labor Standards Provisions may be grounds for termination of the Contract, and for debarment as provided in 29 CFR 5.6. 72. Federal Labor Standards Provisions (Paragraph 72, HUD 4010) (Follows Paragraph 84.) ATTACHMENT 7.1 (19) 73. Compliance With State Prevailing Wage Requirements (RCW 39.12) Before any payment is made of any sums due under this Contract, the Local Government Body must receive from the Contractor and each subcontractor a copy of the "Statement of Intent to Pay Prevailing Wages" approved by the Washington State Department of Labor and Industries. Also following the acceptance of the project, the Local Government Body must receive from the Contractor and each subcontractor a copy of the "Affidavit of Wages Paid" approved by the State Department of Labor and Industries. Forms may be obtained from the Department of Labor and Industries. The Contractor and each subcontractor shall pay all fees associated with and make all applications directly to the Department of Labor and Industries. These affidavits will be required before any funds retained, according to the provisions of RCW 60.28.010, are released to the Contractor. Payment by the Contractor or subcontractor of any fees shall be considered incidental to the construction and all costs shall be included in other pay items of the project. 74. Title VI of the Civil Rights Act of 1964 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. (Public Law 88-352, Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et. seq.) 75. Section 109 of the Housing and Community Development Act of 1974, as Amended No person in the United States shall on the grounds of race, color, national origin, sex or religion 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 made available under this title. 76. Age Discrimination Act of 1975, as Amended No person shall be excluded from participation, denied program benefits, or subjected to discrimination on the basis of age under any program or activity receiving federal funding assistance. (42 U.S.C. 610 et. seq.) 77. Section 504 of the Rehabilitation Act of 1973, as Amended No otherwise qualified individual shall, solely by reason of his or her handicap, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving Federal funds. (29 U.S.C. 794) 78. Section 3 of the Housing and Community Development Act of 1968 Section 3 clause: (a) The work to be performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area ATTACHMENT 7-1(20) and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in, the area of the project; (b) The parties to this Contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable rules and orders of the Office issued thereunder prior to the execution of this Contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements; (c) The Contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training; (d) The Contractor will include in this Section 3 clause (paragraphs a -e), in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135. The Contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of those regulations; and (e) Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the Contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. (Section 3 of the Housing and Community Development Act of 1968, 12 U.S.C. 170/u). 79. Executive Order 11246. Equal Opportunity Clause. During the performance of this Contract, the Contractor agrees as follows: (a) 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 or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provision of this nondiscrimination clause; ATTACHMENT 7-1(21) (b) The Contractor will, in all solicitations or advertisement for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration without regard to race, color, religion, sex or national origin; (c) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the Contractor's commitment under this Section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment; (d) 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; (e) The Contractor will famish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders; (f) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said 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 or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law; and (g) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said 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, so that such provisions 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 a 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 (Section 202 Equal Opportunity Clause). 80. Executive Order 11246. Segregated facilities. A prime Contractor or subcontractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion or national origin cannot result. 81. Executive Order 11246. Notice Requirement for Affirmative Action. (a) The Offeror's or Bidder's attention is called to the `Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. ATTACHMENT 7.1(22) (b) The Goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate work force in each trade on all construction work in the covered area, are as follows: Timetables Goals for Goals for female Minority participation in participation each trade for each trade 6.9% These goals are applicable to all the Contractor's construction work (whether or not it is federal or federally assisted) performed in the covered area. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR Part 60-4.3(a), and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. (c) The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within ten (10) working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. (a) As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is (insert description of the geographical areas where the contract is to be performed giving the state, county and city, if any). 82. Executive Order 11246. Standard Federal Equal Employment Opportunity Construction Contract Specifications. (a) As used in these specifications: (1) "Covered area" means the geographical area described in the solicitation from which this Contract resulted; (2) "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; ATTACHMENT 7-1(23) (3) "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U. S. Treasury Department Form 941; and (4) "Minority" includes: - Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); - Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); - Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia and Indian Subcontinent, or the Pacific Islands); and - American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal afflictions through membership and participation or community identification). (b) Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the notice which contains the applicable goals for minority and female participation and which is set forth in the solicitation from which this Contract resulted. (c) If the Contractor is participating (pursuant to 41 CFR Part 60-4.5) in a Hometown Plan approved by the U. S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the plan area (including goals and timetables) shall be in accordance with that plan for those trades which have unions participating in the plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved plan does not excuse any covered Contractor's or subcontractor's failure to take good faith efforts to achieve the plan goals and timetables. (d) The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. Covered construction contractors performing contracts in geographical areas where they do not have a federal or federally -assisted construction contract shall apply the minority and female goals established for the geographic area where the Contract is being performed. Goals are published periodically in the Federal Register in notice form and such notices may be obtained from any Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. (e) Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or ATTACHMENT 7.1(24) women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. (f) In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U. S. Department of Labor. (g) The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: (1) Ensure and maintain a working environment free of harassment, intimidation and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such site or in such facilities; (2) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources, and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses; (3) Maintain a current file of the names, addresses and telephone numbers of each minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the Contractor may have taken; (4) Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations; (5) Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources complied under 7b above; ATTACHMENT 7.1(25) (6) Disseminate the Contractor's EEO Policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed; (7) Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions, including specific review of these items with on-site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed and disposition of the subject matter; (8) Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other contractors and subcontractors with whom the Contractor does or anticipates doing business; (9) Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students, and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures and tests to be used in the selection process; (10) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force; (11) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3; (12) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities; (13) Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out; ATTACHMENT 7.1 (26) (14) Ensure that all facilities and company activities are non -segregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes; (15) Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business obligations; and (16) Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. (h) Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor association, joint contractor -union, contractor -community, or other similar groups of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through 7p of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female work force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation shall not be a defense for the Contractor's noncompliance. (i) A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunities and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority of women is under utilized). (j) The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex or national origin. (k) The Contractor shall not enter into any subcontract with any person or firm debarred from government contracts pursuant to Executive Order 11246. (1) The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. ATTACHMENT 7.1(27) (m) The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations or these specifications, the Director shall proceed in accordance with 41 CFR Part 60-4.8. (n) The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company's EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, Contractors shall not be required to maintain separate records. (o) Nothing herein provided shall be construed as a limitation upon the application of other laws, which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 83. State Nondiscrimination Clause The Contractor shall comply with the provisions of Chapter 49.60 RCW, the state law regarding discrimination, in all activities relating to this project. 84. Americans with Disabilities Act of 1990 Subject to the provisions of this title, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs or activities of a public entity, or be subjected to discrimination by any such entity. Federal Labor Standards Provisions Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona 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 hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section I(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis -Bacon poster (WH - 1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (it) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: U.S. Department of Housing and Urban Development Office of Labor Relations (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215- 0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (ili) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part form HUD -4010 (06/2009) Previous editions are obsolete Page 1 of 5 ref. Handbook 1344.1 of the wages of any laborer or mechanic the amount of any communicated in writing to the laborers or mechanics costs reasonably anticipated in providing bona fide fringe affected, and records which show the costs anticipated or benefits under a plan or program, Provided, That the the actual cost incurred in providing such benefits. Secretary of Labor has found, upon the written request of Contractors employing apprentices or trainees under the contractor, that the applicable standards of the Davis- approved programs shall maintain written evidence of the Bacon Act have been met. The Secretary of Labor may registration of apprenticeship programs and certification of require the contractor to set aside in a separate account trainee programs, the registration of the apprentices and assets for the meeting of obligations under the plan or trainees, and the ratios and wage rates prescribed in the program. (Approved by the Office of Management and applicable programs. (Approved by the Office of Budget under OMB Control Number 1215-0140.) Management and Budget under OMB Control Numbers 2. Withholding. HUD or its designee shall upon its own 1215-0140 and 1215-0017.) action or upon written request of an authorized (it) (a) The contractor shall submit weekly for each week representative of the Department of Labor withhold or in which any contract work is performed a copy of all cause to be withheld from the contractor under this payrolls to HUD or its designee if the agency is a party to contract or any other Federal contract with the same prime the contract, but if the agency is not such a party, the contractor, or any other Federally -assisted contract contractor will submit the payrolls to the applicant subject to Davis -Bacon prevailing wage requirements, sponsor, or owner, as the case may be, for transmission to which is held by the same prime contractor so much of the HUD or its designee. The payrolls submitted shall set out accrued payments or advances as may be considered accurately and completely all of the information required necessary to pay laborers and mechanics, including to be maintained under 29 CFR 5.5(a)(3)(i) except that full apprentices, trainees and helpers, employed by the social security numbers and home addresses shall not be contractor or any subcontractor the full amount of wages included on weekly transmittals. Instead the payrolls shall required by the contract In the event of failure to pay any only need to include an individually identifying number for laborer or mechanic, including any apprentice, trainee or each employee (e.g., the last four digits of the employee's helper, employed or working on the site of the work, all or social security number). The required weekly payroll part of the wages required by the contract, HUD or its information may be submitted in any form desired. designee may, after written notice to the contractor, Optional Form WH -347 is available for this purpose from sponsor, applicant, or owner, take such action as may be the Wage and Hour Division Web site at necessary to cause the suspension of any further htto:llwww.dol.00vlesalwhd/forms/wh347instr.htm or its payment, advance, or guarantee of funds until such successor site. The prime contractor is responsible for violations have ceased. HUD or its designee may, after the submission of copies of payrolls by all subcontractors. written notice to the contractor, disburse such amounts Contractors and subcontractors shall maintain the full withheld for and on account of the contractor or social security number and current address of each subcontractor to the respective employees to whom they covered worker, and shall provide them upon request to are due. The Comptroller General shall make such HUD or its designee if the agency is a party to the disbursements in the case of direct Davis -Bacon Act contract, but if the agency is not such a party, the contracts. contractor will submit the payrolls to the applicant 3. (i) Payrolls and basic records. Payrolls and basic sponsor, or owner, as the case may be, for transmission to records relating thereto shall be maintained by the HUD or its designee, the contractor, or the Wage and Hour contractor during the course of the work preserved for a Division of the Department of Labor for purposes of an period of three years thereafter for all laborers and investigation or audit of compliance with prevailing wage mechanics working at the site of the work. Such records requirements. It is not a violation of this subparagraph for shall contain the name, address, and social security a prime contractor to require a subcontractor to provide number of each such worker, his or her correct addresses and social security numbers to the prime classification, hourly rates of wages paid (including rates contractor for its own records, without weekly submission of contributions or costs anticipated for bona fide fringe to HUD or its designee. (Approved by the Office of benefits or cash equivalents thereof of the types described Management and Budget under OMB Control Number in Section I(b)(2)(B) of the Davis -bacon Act), daily and 1215-0149.) weekly number of hours worked, deductions made and (b) Each payroll submitted shall be accompanied by a actual wages paid. Whenever the Secretary of Labor has "Statement of Compliance," signed by the contractor or found under 29 CFR 5.5 (a)(1)(iv) that the wages of any subcontractor or his or her agent who pays or supervises laborer or mechanic include the amount of any costs the payment of the persons employed under the contract reasonably anticipated in providing benefits under a plan and shall certify the following: or program described in Section I(b)(2)(B) of the Davis- (1) That the payroll for the payroll period contains the Bacon Act, the contractor shall maintain records which information required to be provided under 29 CFR 5.5 show that the commitment to provide such benefits is (a)(3)(ii), the appropriate information is being maintained enforceable, that the plan or program is financially under 29 CFR 5.5(a)(3)(i), and that such information is responsible, and that the plan or program has been correct and complete; Previous editions are obsolete form HUD -4010 (0612009) Page 2 of 5 ref. Handbook 1344.1 (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) 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 contract. (c) 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 subparagraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 16 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under subparagraph A.3.(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a Stale Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wane rate who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid 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. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, 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 the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full 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 Previous editions are obsolete form HUD -4010 (0612009) Page 3 of 5 ref. Handbook 1344.1 the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (III) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. S. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this paragraph. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (it!) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of . . . influencing in any way the action of such Administration..... makes, utters or publishes any statement knowing the same to be false..... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph (1) of this paragraph. Previous editions are obsolete form HUD -4010 (06/2009) Page 4 of 5 ref. Handbook 1344.1 (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1)through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 63 Stat 96). 40 USC 3701 at sea. (3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous editions are obsolete form HUD -4010 (06/2009) Page 5 of 5 ref. Handbook 1344.1 ATTACHMENT 7-K (1) 0 �E N 6 5 w L 2 B 3 d $� 6 A C m Z Ey�y a f j m :�5 Uy 6 � a ou- a s $ a �o �g n� oxaB i 5 � ATTACHMENT 7•K (2) Instructions for completing the Contract and Subcontract Activity Form (HUD -2516) Please note that the instructions contained on the back of the HUD -2516, dated 8/98, have not been updated to reflect legislative/regulatory changes. The follow instructions should be used in lieu thereof. Block 1. Enter name of the local government or non-profit organization who contracts directly with HUD. Those entities that have a direct contractual relationship with HUD are responsible for submitting the report. Block 2. Location (Self-explanatory) Block 3a. Enter the name of the individual responsible for completing the report. Block 3b. Enter the phone number of the individual responsible for completing the report. Block 4. Although the current HUD -2516 indicates that the report is an annual report, CPD program regulations and policy require this report semi-annually. Depending on the cur -rent reporting period, write-in either Oct. 1 — March 31, or April 1 — October 30. Block 5. Not applicable to CPD Programs. Block 6. Self-explanatory Block 7a. Enter the HUD grant number under which the contract/subcontract expenditure is authorized. For multi-year comprehensive programs (i.e., Entitlement programs), enter the latest approved grant number. Block 7b. Enter the TOTAL amount of each contract and /or subcontract in excess of $25,000, awarded to each Prime Contractor or Subcontractor identified in blocks 7e or 7f. Although contracts/subcontracts of less than $25,000 need only be reported if the recipient believes such contracts represent a significant portion of the recipient's total contracting activity, HUD encourages recipients to report ALL minority enterprise contracts/subcontracts issued during the reporting period. Block 7c. CDBG is a HUD CPD Program. Enter (1) if the activity involves construction, i.e., new construction or rehabilitation. Enter (2) if the activity involves education or training. Enter (3) for all other activities such as a supply, professional services and all other activities that do not fall under (1) or (2). Block 7d. Enter the numeric code that best indicates the racial/ethnic character of the owner(s) or controller(s) (refer to the definition of Minority Business in the MBE Policy Guide to determine minority status). Codes can be found at the bottom of the form under "7d: Racial/Ethnic Codes". One of these codes must be used for each contractor/subcontractor. If a Subcontractor ID is provided in 7g., the code would apply to the Subcontractor and not the Prime Contractor. ATTACHMENT 7-K (3) Block 7e. Indicate whether the Contractor/Subcontractor is a Woman Owned Business. Block 7f. Enter the Employer (IRS) Number for the Prime Contractor. An Employer Number must be provided for each Prime Contractor. Block 7g. If Section 3 requirements, as described at 24 CFR 135.3, are applicable to the contract enter Y, otherwise enter N. (See "Section 3 Requirement' below.) Block 7h. If a Subcontractor is used, enter the Employer (IRS) Number for the Subcontractor associated with the Prime Contractor identified in Block 7.e. An Employer Number must be provided for each Subcontractor. Block 7i. Enter Yes or No. Block 7j. Self-explanatory CODE OF CONDUCT PURPOSE ATTACHMENT 7-L The purpose of the Code of Conduct is to ensure the efficient, fair and professional administration of federal grant funds in compliance with 24 CFR§85.36 (b) (3) and other applicable federal and state standards, regulations, and laws. APPLICATION This Code of Conduct applies to all elected officials, officers, employees, principals or agents of grantee or sub -grantee engaged in the award or administration of contracts supported by federal grant funds. REQUIREMENTS No elected official, officer, employee or agent of shall participate in the selection, award or administration of a contract supported by federal grant funds, if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: • the employee, elected official, or agent; • any member of his/her immediate family; • his/her partner; or • an organization which employs, or is about to employ any of the above, has a financial or other interest in the firm selected for award. Elected officials, officers, employees, principals or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, potential contractors or subcontractors. REMEDIES To the extent permitted by federal, state or local laws or regulations, violation of these standards may cause penalties, sanctions or other disciplinary actions to be taken against elected officials, employees, principals or agents, or the contractors, potential contractors, subcontractors or their agents. Authorized Signator Date ATTACHMENT 7-M (1) CONTRACT COMPLIANCE NOTICES EQUAL EMPLOYMENT OPPORTUNITY The following notices shall be included in all solicitations for offers and bids on all federal and federally -assisted construction contracts or subcontracts in excess of $10,000 pursuant to the Department of Labor's Office of Federal Contract Compliance Programs' (OFCCP) regulations 41 CFR, Part 604. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) The Offerors or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: • The following goals apply to all solicitations for offers and bids made after October 3, 1980. • A goal for female participation in each trade is 6.9 percent for every county in Washington State. • A goal for minority participation for each trade is 5.4 in Franklin County These goals are applicable to all Contractors' construction work (whether or it is federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where work is actually performed. With regard to this second area, the Contractor also is subject to the goals for both its federally involved and non -federally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. The Contractor shall provide written notification to the Community and Economic Development Director within ten (10) working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone ATTACHMENT 7•M (2) number of the subcontractor, employer identification number, estimated dollar mount of the subcontract, estimated starting and completion dates of the subcontract, and the geographical area in which the contract is to be performed. 4. As used in this Notice and in the contract resulting from this solicitation, the "covered area" is the geographical area where the contract work is to be performed. I_1ireT11:h4IakikO T EVALUATION CRITERIA • Price • Preference (Section 3 — MWBE) • Other/Best Value • Amount of specialized experience in type of work required. • Availability and capacity of the firm to accomplish the work in the required time frame. • Firm's past experience with federally funded projects. • Professional reputation and references. Mandatory Bidder Responsibility Checklist The following checklist shall be used for all small works and public works contracts, regardless of the dollar amount. Print copy of each verification page shown below and attach to this sheet. General Information Project Name: Contract Number: Bidder's Business Name: Bid Submittal Deadline: Contractor Registration - (print) https://secure.ini.wa.govtverify/ License Number: Status: Active: Yes ❑ No ❑ Effective Date (must be effective on or before Bid Submittal Deadline): Expiration Date: Current UBI Number -(print) http://dor.wa.gov/contrenVdoingbusiness/registermybusiness/brd/ UBI Number: Account Closed: Open ❑ Closed ❑ Industrial Insurance Coverage -(print)htips://secure.ini.wa.gov/verify/ Account Number: Account Current: Yes ❑ No ❑ -Employment Security Department Number - Must Get From Contractor Employment Security Department Number: • Has Bidder provided account number on the Bid Form? Yes ❑ No ❑ • And/or have you asked the Bidder for documentation from Employment Security Department on account number? Yes ❑ No ❑ Dun & Bradstreet # - http://fedgov.dnb.com/webform http://www.hud.govlofflcesladm/grants/dunanbrguide.doc DUNS#: Account Closed: Open ❑ Closed ❑ Not Disqualified from Bidding Washington State -(print) htt :/Avww.ini.wa. ov/TradesLicensin iPrevWa a/Awardln encies/DebarredContractors/debuit.as Is the Bidder listed on the "Contractors Not Allowed to Bid" list of the Department of Labor and Industries? Yes ❑ No ❑ Not Disqualified from Bidding Federal (no need to create a log In) — (print) Htts://www.sam/ ov/ ortal/ ublic/SAM/#] Is the Bidder listed on the federal debarment and suspension database? Yes ❑ No ❑ Not Limited Denial of Participation — (print) hftp://portal.hud.gov/hudportal/HUD?src=/topics/limited denials of artici ation Is the Bidder listed on the federal limited denial of participation list? Yes ❑ No ❑ City of Pasco Business License Business License Number: Account Current: Yes ❑ No ❑ Checked by: Name: Date: Last Revised: May26, 2015 ATTACHMENT TP Contractor/Subcontractor Certification and Wage Requirement Report This form must be executed by each single prime general contractor, subcontractor, and lower -tier subcontractor and submitted to the City of Pasco, Labor Standards Officer, prior to commencement of work. Payments will not be issued until all contract compliance forms are fully completed and submitted to City of Pasco Community & Economic Development. Any changes) in the information provided below must be submitted to City of Pasco Housing, Labor Standards Officer. Development Name: Development Address: General Contractor: Business Name: Phone Number: ( ) Business Address: Contract is with: Contract Amount: $ Contract Award Date: Appropriate apprenticeship documentation (i.e., Apprenticeship Certificate) must accompany this form. Apprentices must be registered with the U.S. Department of Labor, Employment and Training, or with a state apprenticeship agency recognized by the Bureau of Apprenticeship. The name and title of person(s) authorized to sign certified payroll reports: Name Title The total number of workers estimated to work on this contract is . The estimated total number of employee work hours is . The estimated date employees will begin work on site is The Federal Labor Standards Provisions HUD Form -4010 and a copy of Wage Decision No. issued by the U.S. Department of Labor was provided to me? ❑ Yes ❑ No DB4 (12/2013) Identify below the work classifications and applicable base wage rate payment for all individuals who will perform work on the project site. — USE ADDITIONAL PAGE IF NEEDED Classification Base Rate of Pay the Fringe Benefit will be: L paid directly to each employee in the amount $ per hour ❑ paid to a union benefit plan(s) in the amounts identified below ❑ paid to a nonunion benefit plan(s) in the amounts identified below HOURLY BENEFIT AMOUNT(S) Holiday Vacation Health and Welfare Dental Pension Medical Other Identif yl BENEFIT PROVIDER INFORMATION Provider Name: Account Number: Signature of Owner/Principal Officer I Date A COPY OF BENEFIT PLAN (S) MUST ACCOMPANY THIS FORM DB4 (12/2013)