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
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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
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• 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
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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
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• 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
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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
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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)
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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)