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HomeMy WebLinkAboutBGHC2017-007 Tri-City Fence Works - Pasco Specialty Kitchen ContractCOMMUNITY DEVELOPMENT DEPARTMENT 509-545-3441 /FAX 509-545-3499 P.O. BOX 293, 525 NORTH THIRD AVENUE, PASCO, WASHINGTON 99301 April 30, 2018 TRI -CITY FENCE WORKS 1620 SALT LAKE, STE B PASCO, WA 99301 Dear Mr. Smith: Subject: Notice to Proceed - Transmittal of Executed Contract BGCA2017-012 355 PSK FACILITY IMPV ENCLOSURES Attached please find one fully executed contract for the subject contact dated 4/23/2018 in the amount of $3,828 (NOT INCLUDING WSST), not including WSST, for your records. This letter will also serve as your Notice to Proceed. 04/23/2018 will be the first working day charged to the project. The contract specifies 10 Days, 05/03/2018 being the final day. We look forward to working with you on this project. If you have any questions regarding this contract, please contact Angie Pitman, Block Grant Administrator at (509) 543-5739 or Dean Pollick, Project Manager (509) 528-1262. Sincerely, J� Dan Dotta, Interim Director Administrative & Community Services Enclosures: /arp cc: BGCA2017-012/Project File Dean Pollick, Project Manager -9A4/ COMMUNITY DEVELOPMENT DEPARTMENT 509-545-3441 /FAX 509-545-3499 e.u. BOX 293,525 NORTH THIRD AVENUE, PASCO, WASHINGTON 99301 April 30, 2018 TRI -CITY FENCE WORKS 1620 SALT LAKE, STE B PASCO, WA 99301 Dear Mr. Smith: Subject: Notice to Proceed - Transmittal of Executed Contract BGCA2017-012 355 PSK FACILITY IMPV ENCLOSURES Attached please find one fully executed contract for the subject contact dated 4/23/2018 in the amount of $3,828 (NOT INCLUDING WSST), not including WSST, for your records. This letter will also serve as your Notice to Proceed. 04/23/2018 will be the first working day charged to the project. The contract specifies 10 Days, 05/03/2018 being the final day. We look forward to working with you on this project. If you have any questions regarding this contract, please contact Angie Pitman, Block Grant Administrator at (509) 543-5739 or Dean Pollick, Project Manager (509) 528-1262. Sincerely, �, 1��—c Dan Dotta, Interim Director Administrative & Community Services Enclosures: /arp cc: BGCA2017-012/Project File Dean Pollick, Project Manager COMMUNITYDEVELOPMENTDEPARTMENT 509-545-3441 /FAX 509-545-3499 P.O. BOX 293,525 NORTH THIRD AVENUE, PASCO, WASHINGTON 99301 April 4, 2018 TRI -CITY FENCE WORKS 1620 E SALT LAKE, STE B PASCO WA, 99301 Dear Mr. Smith: Subject: BGCA2017-012.355 PSK FACILITY IMPV ENCLOSURES —NOTICE OF AWARD Please be advised that the City of Pasco has accepted your bid for the subject project in the amount of $3,828 (NOT INCLUDING WSST). TRI -CITY FENCE WORKS is hereby awarded the contract. Enclosed please find three (3) copies of the Contract for your immediate review and execution. Please return all three (3) copies to the City for our execution and further handling. In order to facilitate the issuance of your Notice to Proceed, you are required to return all executed contract documents with insurance and bonds to the City, within ten (10) days of this notice. All Insurance Certificates are required to have a 30 day written cancellation clause and name the City of Pasco as additional insured and certificate holder under your general liability coverage. Upon review and acceptance of the above items, the Contract will be executed on behalf of the City and a Notice to Proceed will be issued. Should you have any questions concerning this matter, please do not hesitate to contact me. Since�ly,Jvbc ��I�I//11 e Dan Dotta, Interim Director Administrative & Community Services Cc: BGCA2017-012 File Dean Pollick, Project Manager CONTRACT DOCUMENTS 355 PSK PUBLIC FACILITY IMPROVEMENT ENCLOSURES PROJECT MANUAL NO. BGCA2017-012 CONTRACT DOCUMENTS 355 PSK PUBLIC FACILITY IMPROVEMENT ENCLOSURES PROJECT MANUAL NO. BGCA2017-012 TABLE OF CONTENTS BGCA2017-012 355 PSK PUBLIC FACILITY IMPROVEMENT ENCLOSURES 1. INVITATION FOR BIDS........................................................................................................AD-1 2. VICINITY MAP.........................................................................................................................V-1 3. INFORMATION FOR BIDDERS StandardSpecifications .... ....................................................... ....... ............................................................ ..1B-1 Explanation of Contract documents and Work Site.................................................................................IB-1 Qualificationof Bidders................................................................................................................................IB-1 SurveyControl..............................................................................................................................................IB-2 BidGuarantee .... ........................................................................... ......... .................................. .................... IB -2 Submissionof Bid Proposal ........ .................................. ............... ............ ............ ..................... ................... IB -2 ProjectQuantities.................................................... ......................... ................... ......................................... IB -2 Awardof Contract........................................................................................................................................IB-3 4. PROPOSAL: BidProposal...................................................................................................................................................P-1 SubcontractDisclosure ............................... ..................................... ........ .................. ......................... ....... SD -1 BidBond. ........................................................................ ........................ ............. .................................... BB -1 Non -Collusion Declaration........................................................................................................................ MC -1 5. CONTRACT: Contract....................................................................................................................................................... CO -1 Labor & Materials Bond (if applicable)..................................................................................................... P13-1 6. HUD REGULATIONS & REQUIREMENTS GeneralConditions....................................................................................................................................... H-1 MMBERequirements.................................................................................................................................. H-9 Equal Opportunity Requirements.............................................................................................................. H-12 EEOContract Requirements..................................................................................................................... H-13 LaborStandard Specifications................................................................................................................... H-18 HUDSection 3 Requirements................................................................................................................... H-29 HUBProgram.............................................................................................................................................. H-30 Specific Requirements if Contract Exceeds $100,000 in Federal Funded ........................................... H-32 HUDForm 4010.......................................................................................................................................... H-35 7. WAGE RATES StateWage Rates..........................................................................................................................................7-1 Davis Bacon Wage Determination ...... ......... ........................................ ............................. ........................... 7-2 8. SCOPE OF WORK Pasco Minimum Housing Rehabilitation Standards...................................................................................8-1 9. FORMS, REPRESENTATIONS AND CERTIFICATIONS Representations and Certifications Handbook...........................................................................................9-1 10. ADDENDUM SECTION 1 INVITATION FOR BIDS SECTION 2 VICINITY MAP VICINITY MAP 110 S 4T" Ave SECTION 3 INFORMATION FOR BIDDERS SECTION 4 PROPOSAL Bid Proposal Subcontract Disclosure Non -Collusion Affidavit SUBCONTRACT DISCLOSURE All Subcontractors must be prequalified in accordance with Pasco Municipal Code 14.10. Prequalification forms may be obtained from the office of the City Engineer. Bidder acknowledges that work performed by a non -prequalified subcontractor will not be accepted by the City of Pasco. i WE, the undersigned, intend to employ the following subcontractors, perform the work outlined in these specifications. We intend to employ the firm(s) of: NAME ADDRESS q O/ UBI # to fully List Item Number and represent and warrant that the ork will be performed by said subcontractors in a good and workmanlike manner/anunder our direct supervision. We further represent and warrant that the work e performed by them constitutes approximately percent of the total dollar valueid contract. Description of work to be perffbrmed by Prime Contractor: !2183059 NAME: /_\7771. SD -1 NON -COLLUSION DECLARATION I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: 1. That the undersigned person(s), fine association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. 2. That by signing the signature page of this proposal, I am deemed to have signed and to have agreed to the provisions of this Declaration. ell Contractor Date NC -I SECTI®N 5 Micro -Purchase Small & Limited Public Works Roster Sealed Bid CONTRACT SMALL WORKS ROSTER BGCA2017-012 355 PSK PUBLIC FACILITY IMPROVEMENT ENCLOSURES THIS CONTRACT is made and entered into this day of Aoril, 2018, by and between the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as "City", and TRI -CITY FENCE WORKS, hereinafter referred to as "Contractor." WHEREAS, the Project qualifies under RCW 39.04.155 as a small works roster contract, or a limited public works contract; and WHEREAS, the City having sought and secured quotations from its small works roster, and the Contractor being duly qualified as a Contractor on the small works roster having submitted a quotation acceptable to the City. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Description of Work. The Contractor shall furnish all equipment, labor, tools, materials and appurtenances and perform all services in a workmanlike manner and in accordance with the plans and specifications as provided in the Project Description and Specifications, attached hereto as Exhibit A. 2. Compensation. Compensation for the performance of the service and materials as described in Exhibit A shall be: JK That amount set in the quotation attached hereto as Exhibit B; or ❑ $ payable in $ installments as follows: subject to any retainage or withholdings as provided below. 3. Time of Completion. The work covered by this Contract shall be completed with all respects within _JtL- calendar days from the date of the Notice to Proceed. Once the work is commenced, the Contractor shall diligently pursue the work to completion within the time specified in this Contract. 4. Warranty of Contractor. Contractor warrants that it is qualified to be awarded a public works contract in compliance with RCW 39.04.350; and further agrees to comply with all State and Federal laws relating to the employment and wage rates to be paid. 5. Indemnification. Contract — Small & Limited Public Works Roster Page 1 5.1 The Contractor shall defend, indemnify, and hold harmless the City, its officers, officials, agents, employees, and volunteers from any and all claims and causes of action, including, but not limited to, actions of law or administrative proceedings for all injuries to persons or damages to property, and all losses, damages, demands, suits, judgments, including attorney fees, arising out of, or as a result of, or in connection with the work performed under this Agreement, and caused or occasioned in whole or in part by reason of errors, negligent acts or omissions of the Consultant or its subcontractors in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City, its officers, employees, agents, and volunteers. 5.2 Should a Court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injuries or damages to property caused by or resulting from the concurrent negligence of the Contractor, and the City, its officers, employees, agents and volunteers, the Contractor's liability and obligation to defend hereunder shall only be the proportionate extent of the Contractor's negligence. 5.3 It is further agreed that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. 5.4 No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. 5.5 This indemnification shall include damages, penalties and attorney fees sustained as a result of Contractor's delayed or failed performance of Section 6 above. 5.6 This waiver has been mutually negotiated by the parties, and the provisions of this section shall survive the expiration or termination of this Agreement. 6. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, or subcontractors. 6.1 Minimum Scone of Insurance. Contractor shall obtain insurance of the types described below: 6.1.1 Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Contract — Small & Limited Public Works Roster Page 2 6.1.2 Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City. 6.1.3 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 6.1.4 Professional Liability insurance appropriate to the Contractor's profession. 6.2 Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 6.2.1 Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 6.2.2 Commercial General Liability insurance shall be written with limits no less than: M $1,000,000 each occurrence; 181 $2,000,000 general aggregate; or ❑ $ each occurrence; and $ general aggregate 6.2.3 Professional Liability insurance shall be written with limits no less than: ❑ $1,000,000 per claim; ❑ $1,000,000 policy aggregate limit; or ❑ $ per claim; and $ per policy aggregate limit 6.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability, and Commercial General Liability insurance: 6.3.1 The Contractor's insurance coverage shall be primary insurance as respects the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 6.3.2 The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 6.4 Acceptability of Insurers. Insurance is to placed with insurers with a current A.M. Best rating of not less than ANII. Contract — Small & Limited Public Works Roster Page 3 6.5 Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. 7. Retainage and Performance Bond. 7.1 Unless it is waived as provided below, the Contractor shall provide and post for the benefit of the City a Performance and Payment Bond issued by a qualified surety insuring the Contractor's performance of all the provisions of the Contract and payment of all labors, mechanics, and subcontractors and materialmen as required by RCW 39.08.010. 7.2 The City shall withhold five percent (5%) of the money due to the Contractor for the work performed under this Contact until completion and/or acceptance of the Contract as provided by RCW 60.28.011. Contractor may elect an option for management of the statutory retainage by notice to the City of the elected option under RCW 60.28.011. 7.3. Limited Public Works Project. If the Project's estimated cost is less than $35,000, the City may elect to waive the retainage and payment and performance bonds as required above as evidenced by the initials below. �j Waiver -- initials .110 8. Work Site Conditions. The work performed under this Contract is done at the Contractor's risk and that Contractor is familiar with the conditions present and other contingencies likely to affect the work, and has submitted their quote accordingly. The Contractor will assume the responsibility and risk of all loss or damage to materials or work which may arise prior to completion. The Contractor shall keep the work site in a neat, orderly condition and after completion of the work, the Contractor shall, at its expense, clean up and remove all refuse and unused materials of any kind resulting from the work. 9. General Provisions. 9.1 For the purpose of this Contract, time is of the essence. 9.2 Notice. Notice provided for in this Contract shall be sent by: 9.2.1 Personal service upon the Project Administrators. 9.2.2 Certified mail to the physical address of the parties, or by electronic transmission to the e-mail addresses designated for the parties below. Contract — Small & Limited Public Works Roster Page 4 9.3 The Project Administrator for the purpose of this Contract shall be: 9.3.1 For the City: COMMUNITY & ECONOMIC DEVELOPMENT, BLOCK GRANT ADMINISTRATOR 525 NORTH 3RD PASCO WA 99301 CONTACT: ANGELA R PITMAN EMAIL: PITMANA(u PASCO-WA.GOV 9.3.2 For the Contractor: TRI -CITY FENCE WORKS or his/her designee 1620 E SALT LAKE, STE B PASCO, WA 99301 CONTACT: TIM SMITH EMAIL: TIMQTRICITYFENCEWORKS.COM OFFICE(n TRICITYFENCEWORKS.COM 10. Dispute Resolution. This Contract has been and shall be construed as having been made and entered into and delivered within the State of Washington, and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington. ❑ (Option 1) In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Contract, litigation and venue shall be placed in Franklin County, Washington, and the prevailing party shall be awarded its reasonable attorney fees and costs against the other. ❑ (Option 2) In the event of a dispute regarding the enforcement, breach, default or, interpretation of this Contract, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. 10. Additional Documents. The following additional documents are, and included and incorporated as a part of this Contract: 10.1 Project Description and Specifications. 10.2 Quotation. Contract — Small & Limited Public Works Roster Page 5 IN WITNESS WHEREOF, the parties have executed by their duly authorized official this Contract in triplicate, each of which being deemed an original on the date first written above. CITY OF PASCO, WASHINGTON CONTRACTOR DAN DOTTA, INTERIM DIRECTOR TIM ADMINISTRATIVE & COMMUNITY SERVICES TRI -CITY FENCE WORKS OWNER 525 N THIRD AVENUE PASCO, WA 99301 CONTACT: DEAN POLLICK EMAIL: POLLICKDgPASCO-WA.GOV TELEPHONE: (509) 528-1262 1620 E SALT LAKE, STE B PASCO, WA 99301 CONTACT: TIM SMITH EMAIL: TIM(a)TRICITYFENCEWORKS.COM OFF IC E(a,TRIC ITYFENCE W ORKS. COM REGISTRATION NO. TRICIFW842DI Contract — Small & Limited Public Works Roster Page 6 SECTION 6 GENERAL CONDITIONS (HUD -FUNDED PROJECTS) Federal Labor Standard Provisions, Form HUD -4010 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. (1) Minimum Wages. All laborers and mechanics em- ployed or working upon the site of the work will be paid uncondi- tionally and not less often than once a week, and without subse. quent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secre- tary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equiva- lents 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, re- gardless 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 classi- fication of work actually performed, without regard to skill, except as provided In 29 CFR 5.5(a)(4). Laborers or mechanics per- forming 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 addi- tional classification and wage rates conformed under 29 CFR 5.5(a)(1)(11) 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. (ii) (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 deter- mination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (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 ben- efits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be em- ployed 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 Previous edition is obsolete U.S. Department of Housing and Urban Development Office of Labor Relations 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 La- bor, 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 recommenda- tion of HUD or its designee, to the Administrator for determina- tion. The Administrator, or an authorized representative, will is- sue 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 para- graph, shall be paid to all workers performing work in the classifi- cation under this contract from the first day on which work is per- formed in the classification. (iii) 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 an- other 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 of the wages of any laborer or mechanic the amount of any costs rea- sonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable stan- dards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate ac- count assets for the meeting of obligations under the plan or pro- gram. (Approved by the Office of Management and Budget under OMB Control Number 1215.0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the De- partment of Labor withhold or cause to be withheld from the con- tractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued pay- ments or advances as may be considered necessary to pay la- borers and mechanics, including apprentices, trainees and help- ers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part Page 1 of 4 ref. Handbook 1344. of the wages required by the contract, 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 until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3. (1) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereaf- ter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social secu- rity number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section I(b)(2)(B) of the Davis -bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Sec- tion I(b)(2)(B) of the Davis -Bacon Act, the contractor shall main- tain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially re- sponsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (II) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out ac- curately and completely all of the information required to be main- tained under 29 CFR 5.5(a)(3)(1). This information may be submit- ted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Gov- ernment Printing Office, Washington, DC 20402. The prime con- tractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) (b) Each payroll submitted shall be accompanied by a "State- ment of Compliance;' signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the per- sons employed under the contract and shall certify the following. (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR 5.5 (a)(3)(i) and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, ap- prentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without re- bate, 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 appli- cable 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 sat- isfy the requirement for submission of the "Statement of Compli- ance" 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 18 and Section 231 of Title 31 of the United States Code. (III) The contractor or subcontractor shall make the records re- quired under subparagraph A.3.(i) available for inspection, copy- ing, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such rep- resentatives 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, atter 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 pur- suant to 29 CFR 5.12. 4. Apprentices and Trainees. (1) 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. De- partment of Labor, Employment and Training Administration, Of- fice 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 State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft 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 ap- prentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actu- ally 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 contractors 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 form HUD -4010 (07/2003) rnf H.OHh.nk IR44.1 Previous edition is obsolete Page 2 of 4 journeymen hourly rate specified in the applicable wage determi- nation. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the appren- ticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage deter- mination for the applicable classification. If the Administrator de- termines that a different practice prevails for the applicable ap- prentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Train- ing, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an ap- prenticeship 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 ap- proved. (11) 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 ap- proval, 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 Train- ing 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 apprentice- ship 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 pay- roll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Adminis- tration 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 con- tractor 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 appren- tices, 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 contrac- tor 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 of 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 re- quiring 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. Previous edition is obsolete 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the con- tract 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 incorpo- rated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be sub- ject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the De- partment 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 repre- sentatives. 10. (1) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any per- son 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. (iii) 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 101 0, Title 18, U.S.C., "Federal Housing Adminis- tration 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 dis- charged or in any other manner discriminated against by the Con- tractor 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 provi- sions of this paragraph B are applicable only 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 con- tracting 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 he or she is employed on such work to work in excess of 40 hours in such work- week 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 subpara- Page 3 of 4 ref. Handbook 1344. graph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addi- tion, 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 permit- ted 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. (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 La- bor 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 con- tractor 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 sub- contractors 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 ap- plicable only where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surround- ings or under working conditions which are unsanitary, hazard- ous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Sec- retary 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 Con- tract Work Hours and Safety Standards Act, 40 USC 3701 at sea. (3) The Contractor shall include the provisions of this para- graph in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. form HUD -4010 (07/2003) Previous edition is obsolete Page 4 of 4 ref. Handbook 1344.1 City of Pasco Community Development Block Grant Program GENERAL CONDITIONS Contents Section Subject Section Subject 1. Contract and Contract Documents 2. Definitions 3. Additional Instructions and Detail Drawings 4. Shop or Setting Drawings 5. Materials, Services and Facilities 6. Contractor's Title of Materials 7. Inspection and Testing of Materials 8. "Or Equal" Clause 9. Patents 10. Surveys, Permits and Regulations 11. Contractor's Obligations 12. Weather Conditions 13. Protection of Work and Property -- Emergency 14. Inspection 15. Access to Records 16. Reports, Records and Data 17. Superintendence by Contractor 18. Changes in Work 19. Extras 20. Time for Completion and Liquidated Damages 21. Correction of Work 22. Subsurface Conditions Found Different 23. Claims for Extra Costs 24. Right of Owner to Terminate Contract 25. Construction Schedule and Periodic Estimates 26. Payments to Contractor 27. Acceptance of Final Payment as Release 28. Payments by Contractor 29. Insurance, Contractor's 30. Contract Security 31. Additional or Substitute Bond 32. Assignments 33. Mutual Responsibility of Contractors 34. Separate Contracts 35. Subcontracting 36. Architect/Engineer's Authority ATTACHMENT 7.1 (1) 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 Index of Contents Age Discrimination Act of 1975 .................... 76 Access to Records..........................................15 Inspection of Materials.....................................7 Accident Prevention ....................................... 45 Additional or Substitute Bond ....................... 31 Additional Instructions .................................... 3 Affirmation Action Requirements ................. 81 Allowances..................................................... 36 Americans with Disabilities Act of 1990....... 84 Architect's Authority ..................................... 36 Assignments................................................... 32 Bond, Security................................................30 Non-discrimination in Employment ........ 75-77, 83 Bond, Additional or Substitute ...................... 31 Breach in Labor Standards .............................69 "Or Equal" Clause............................................8 Changes in Work............................................18 Owner's Right to Terminate ..........................24 Claims for Extra Cost.....................................23 Patents..............................................................9 Completion Time ........................................... 20 Condition, Subsurface....................................22 Payments to Contractor..................................26 Conflicting Conditions ................................... 42 Construction Schedule...................................25 Permits, Surveys and Regulations..................10 Contract Documents ......................................... l Contract Security ........................................... 30 Contract Termination ..................................... 71 Contractor's Insurance...................................29 Protection of Work and Property ...................13 Contractor's Mutual Responsibility...............33 Provisions Required by Law..........................44 Contractor's Obligations ................................ 11 Contractor's Title to Materials .........................6 Quantities of Estimate....................................39 Correction of Work........................................21 Rehabilitation Act, Section 504 .....................77 Damages, Liquidated ..................................... 20 Data, Reports and Records .............................16 Removal of Debris.........................................38 Debarment...................................................... 71 Debris Removal.............................................38 Responsibility of Contractor ..........................33 Definitions........................................................ 2 DetailDrawings ............................................... 3 Different Subsurface......................................22 Schedule of Construction...............................25 Discrimination, Employment...............75-77,82 Section 3 of HCD Act of 1968 .......................78 Drawings, Detail .............................................. 3 Emergencies...................................................13 Section 504 of Rehabilitation Act..................77 Employment of Lower Income Residents ...... 76 Employment Practices...................................70 Segregated Facilities, EO 11246 ....................80 Equal Employment Opportunities ........... 75-77, 82 Equal Opportunity Clause, EO 11246 ...........79 Services, Materials and Facilities .....................5 Estimated Quantities......................................39 ShopDrawings.................................................4 Extras.............................................................19 Federal Labor Standards Provisions ..............72 Final Payment Acceptance .............................27 ATTACHMENT 7-1(2) General ........................................ Ineligible Subcontractors...............................67 Inspection.......................................................14 Inspection of Materials.....................................7 Insurance........................................................29 Labor Standards, Breach of ...........................69 Lands and Rights-of-Way..............................40 Legal Provisions, Implied..............................44 Liquidated Damages.......................................20 Lower Income Resident Employment ............ 83 Materials, Services and Facilities .....................5 Member of Congress Interest .........................47 Non-discrimination in Employment ........ 75-77, 83 Notice and Service Thereof ............................43 Obligations of Contractor...............................1 l "Or Equal" Clause............................................8 Owner's Right to Terminate ..........................24 Patents..............................................................9 Payments by Contractor.................................28 Payments to Contractor..................................26 Periodic Estimates..........................................25 Permits, Surveys and Regulations..................10 Photographs of the Projects ............................50 Prohibited Interests.........................................48 Protection of Lives and Health.......................45 Protection of Work and Property ...................13 Provisions Required by Law..........................44 Provisions to be Included in Subcontracts .....68 Quantities of Estimate....................................39 Rehabilitation Act, Section 504 .....................77 Release of Contractor.....................................27 Removal of Debris.........................................38 Reports, Records and Data .............................16 Responsibility of Contractor ..........................33 Right of Owner to Terminate .........................24 Rights-of-Way................................................40 Schedule of Construction...............................25 Section 3 of HCD Act of 1968 .......................78 Section 109 of HCD Act of 1974 ...................75 Section 504 of Rehabilitation Act..................77 Security, Contract...........................................30 Segregated Facilities, EO 11246 ....................80 Separate Contracts..........................................34 Services, Materials and Facilities .....................5 ShopDrawings.................................................4 Section State Nondiscrimination Clause.....................83 State Prevailing Wages, Compliance with ..... 73 Stated Allowances..........................................37 Subcontracting............................................35, 46 Subcontractors, Ineligible..............................67 Subcontractor's Insurance .............................29 Substitute Bond .............................................. 31 Subsurface Conditions...................................22 Superintendence by Contractor .....................17 Surveys, Permits and Regulations .................10 Suspension of Work.......................................51 ATTACHMENT 7.1(3) Termination of Contract..............................24, 71 Testing of Materials.........................................7 Time for Completion......................................20 Title VI Civil Rights Act................................74 Title VI Nondiscrimination Clause ................74 Title to Materials, Contractors .........................6 Use and Occupancy........................................49 Use of Premises..............................................38 Use Prior to Owner's Acceptance ..................49 Weather Conditions........................................12 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 may be 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 furnish, 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, carry 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 In 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 Rieht 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, famish 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"' 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 20ei 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 3001 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 5a' 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 ProR= 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 finnish 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(16) 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 ATTACHMENT 7.1(17) reasonably necessary. 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. 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 CITY 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 tum 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 ATTACHMENT 7-1(18) If required by the Owner, the Contractor shall furnish photographs of the project. 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 City's prior written approval of the subcontractor. The City will not approve any subcontractor for work covered by this contract who is at the time ineligible, suspended or debarred 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, or state of Washington to receive an 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 City 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. ATTACHMENT 7.1(19) 72. Federal Labor Standards Provisions (Paragraph 72, HUD 40 10) (Follows Paragraph 84.) 73. Compliance With State Prevailing Wage Requirements (RCW 39.12) Before any payment is made of any sums due under this Contract, the City 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 City 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 ATTACHMENT 7.1(20) opportunities for training and employment be given lower income residents of the project area 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: (1) 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) (2) 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; (3) 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; (4) 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; (5) The Contractor will furnish 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; (6) 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 (7) 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 5.4% 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 cant' 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 RC W, 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. SECTION 7 PREVAILING WAGE RATES All work done on the project is subject to the higher of the prevailing Davis -Bacon wage rates and Washington State wage rates. State Federal Contractors Preconstruction Checklist (9-C, Labor Standard Contract Requirements) Thursday, April 05, 2018 General Decision Number: WA180035 03/16/2018 WA35 Superseded General Decision Number: WA20170035 State: Washington Construction Type: Building County: Franklin County in Washington. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the E0, the contractor must pay all workers in any classification listed on this wage determination at least $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2018. The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but it does not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/05/2018 1 02/23/2018 2 03/16/2018 ASBE0082-001 09/01/2016 Rates Fringes ASBESTOS WORKER/HEAT & FROST INSULATOR ........................$ 34.17 19.35 ------------------------ BRWA0001-002 06/01/2017 Rates Fringes BRICKLAYER .......................$ 39.46 16.15 ---------------------------------------------------------------- CARP9003-003 06/01/2014 Rates Fringes CARPENTER (Including Cabinet Installation, Drywall Hanging and Form Work) ...................$ 27.06 13.39 ZONE PAY: https://www.wdol.gov/wdol/scafiles/davisbacon/WA35.dvb?v=2 Page 1 of 9 Thursday, April 05, 2018 ZONE 1 0-45 MILES FREE ZONE 2 46-65 MILES $2.00/PER HOUR ZONE 3 66-100 MILES $3.00/PER HOUR ZONE 4 OVER 100 MILES $4.50/PER HOUR DISPATCH POINTS: PASCO (515 N. Neel Street) or Main Post Office of established residence of employee (Whichever is closest to the worksite). SPOKANE (127 E. AUGUSTA AVE.) or Main Post Office of established residence of employee (Whichever is closest to the worksite). WENATCHEE (27 N. CHELAN) or Main Post Office of established residence of employee (Whichever is closest to the worksite). COEUR D' ALENE (1839 N. GOVERNMENT WAY) or Main Post Office of established residence of employee (Whichever is closest to the worksite). MOSCOW (302 N. JACKSON) or Main Post Office of established residence of employee (Whichever is closest to the worksite). ---------------------------------------------------------------- ELEC0112-014 06/01/2017 Rates Fringes ELECTRICIAN ......................$ 40.90 20.06 ---------------------------------------------------------------- ELEC0112-015 06/01/2015 Rates ELECTRICIAN (Low Voltage Wiring Only) .....................$ 26.75 -------------------------------------------- ENGI0370-017 06/01/2017 Rates POWER EQUIPMENT OPERATOR GROUP 1 .....................$ 27.11 GROUP 2 .....................$ 27.43 GROUP 3 .....................$ 28.04 GROUP 4 .....................$ 28.20 GROUP 5 .....................$ 28.36 GROUP 6 .....................$ 28.64 GROUP 7 .....................$ 28.91 GROUP 8 .....................$ 30.01 Fringes 11.46 Fringes 15.20 15.20 15.20 15.20 15.20 15.20 15.20 15.20 ZONE DIFFERENTIAL (Add to Zone 1 rate): Zone 2 - $2.00 Zone 1: Within 45 mile radius of Spokane, Pasco, Washington; Lewiston, Idaho Zone 2: Outside 45 mile radius of Spokane, Pasco, https://www.wdol.gov/wdol/scafiles/davisbacon/WA35.dvb?v=2 Page 2 of 9 Thursday, April 05, 2018 Washington; Lewiston, Idaho POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Compactor; Drill Oiler; Rollers, all types on subgrade, including seal and chip coatings GROUP 2: Fork Lift GROUP 3: Bulldozer (up to D-6 or equivalent) GROUP 4: Drills (churn, core, calyx or diamond); Oiler; Loaders (overhead & front-end, under 4 yds. R/T); Vacuum Drill (reverse circulation drill under 8 inch bit) GROUP 5: Backhoe (Under 45,000 gw); Trackhoe/Excavator (hoe Ram) (under 3/4 yd.); Cranes (25 tons & under), Drilling Equipment(8 inch bit & over) (Robbins, reverse circulation & similar) GROUP 6: Asphalt Roller; Backhoe (45,000 gw and over to 110,000 gw); Trackhoe/Excavator (Hoe Ram) (3/4 yd. to 3 yd.); Compactor (self-propelled with blade); Cranes (over 25 tons, to and including 45 tons), Bulldozer, 834 R/T & similar; Loader Operator (front-end & overhead, 4 yds. incl. 8 yds.); Scrapers, all, rubber -tired; Screed Operator GROUP 7: Backhoe (Over 110,000); Trackhoe/Excavator (Hoe Ram) (3 yds & over); Cranes (over 45 tons to but not including 85 tons); Loaders (overhead & front-end, over 8 yds. to 10 yds.); Rubber -tired Scrapers (multiple engine with three or more scrapers); Blade GROUP 8: Cranes (85 tons and over, and all climbing, overhead,rail and tower); Loaders (overhead and front-end, 10 yards and over) BOOM PAY: (All Cranes, Including Tower) 180 ft to 250 ft $ .50 over scale Over 250 ft $ .80 over scale NOTE: In computing the length of the boom on Tower Cranes, they shall be measured from the base of the Tower to the point of the boom. HAZMAT: Anyone working on HAZMAT jobs, working with supplied air shall receive $1.00 an hour above classification. ---------------------------------------------------------------- * IRON0014-012 07/01/2017 Rates Fringes IRONWORKER (Ornamental, Reinforcing and Structural) ...... $ 32.64 25.06 --------------------------------------------------------- LAB00238-014 06/01/2017 httnc•//www.wdol.eov/wdol/scafiles/davisbacon/WA35.dvb?v=2 Page 3 of 9 Thursday, April 05, 2018 Rates Fringes LABORER: Mason Tender - Brick ... $ 26.76 11.30 ---------------------------------------------------------------- LAB00238-023 06/01/2017 Rates Fringes LABORER GROUP 1 .....................$ 24.66 11.30 GROUP 2 .....................$ 26.76 11.30 GROUP 3 .....................$ 27.03 11.30 GROUP 4 .....................$ 27.30 11..30 Zone Differential (Add to Zone 1 rates): Zone 2 - $2.00 BASE POINTS: Pasco Zone 1: 0-45 radius miles from the main post office. Zone 2: 45 radius miles and over from the main post office LABORERS CLASSIFICATIONS GROUP 1: Flagman GROUP 2: Form -Stripping GROUP 3: Chipping Guns; Concrete Saw; Pipelayer GROUP 4: Grade Checker; Gunite; Vibrating Plate ------------------------------------------------ PAIN0054-001 06/01/2008 Rates Fringes DRYWALL FINISHER/TAPER ........... $ 22.78 8.88 ---------------------------------------------------------------- PLUM0598-015 06/01/2017 Rates Fringes PIPEFITTER .......................$ 49.24 28.79 ---------------------------------------------------------------- PLUM0598-017 06/01/2017 Rates Fringes PLUMBER (including HVAC Pipe Installation) ....................$ 49.24 28.79 ---------------------------------------------------------------- ROOF0189-012 07/01/2017 Rates Fringes ROOFER (Includes Roof Tear Off, Waterproofing, and Installation of Metal Roofs) ..... $ 26.86 11.73 ---------------------------------------------------------------- SFWA0699-005 04/01/2017 https://www.wdol.gov/wdol/scafiles/davisbacon/WA35.dvb?v=2 Page 4 of 9 Thursday, April 05, 2018 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) ......................$ 33.20 15.84 ---------------------------------------------------------------- SHEE0066-018 06/01/2017 Rates Fringes Sheet Metal Worker (Including HVAC Duct) .......................$ 34.75 20.68 ------------------------------------------------------------ TEAM0690-008 06/01/2017 Zone Differential For ZONE 2: ( Zone 1 +$2.00) BASE POINTS: Spokane, Moses Lake, Pasco, Lewiston Zone 1: 0-45 radius miles from the main post office Zone 2: Outside a 45 mile radius from the main post office TRUCK DRIVERS CLASSIFICATIONS GROUP 3: Trucks, side, end, bottom and articulated end dump (3 yards to and including 6 yds.) GROUP 4: Trucks, side, end, bottom and articulated end dump (over 6 yds. to & including 12 yds.) GROUP 5: Trucks, side, end, bottom and articulated end dump (over 12 yds. to & including 20 yds.) httos://www.wdol.gov/wdol/scafiles/davisbacon/WA35.dvb?v=2 Page 5 of 9 Rates Fringes Truck drivers: (ANYONE WORKING ON HAZMAT JOBS SEE FOOTNOTE A BELOW) ZONE 1: LEWISTON ZONE CENTER GROUP 3 ....................$ 26.07 17.30 GROUP 4 ....................$ 26.40 17.30 GROUP 5 ....................$ 26.51 17.30 GROUP 6 ....................$ 26.67 17.30 GROUP 7 ....................$ 27.21 17.30 GROUP 8 ....................$ 27.53 17.30 ZONE 1: PASCO ZONE CENTER GROUP 3 ....................$ 26.07 17.30 GROUP 4 ....................$ 26.40 17.30 GROUP 5 ....................$ 26.51 17.20 GROUP 6 ....................$ 26.67 17.30 GROUP 7 ....................$ 27.21 17.30 GROUP 8 ....................$ 27.53 17.30 ZONE 1: SPOKANE ZONE CENTER GROUP 3 ....................$ 26.07 17.30 GROUP 4 ....................$ 26.40 17.30 GROUP 5 ....................$ 26.51 17.30 GROUP 6 ....................$ 26.67 17.30 GROUP 7 ....................$ 27.21 17.30 GROUP 8 ....................$ 27.53 17.30 Zone Differential For ZONE 2: ( Zone 1 +$2.00) BASE POINTS: Spokane, Moses Lake, Pasco, Lewiston Zone 1: 0-45 radius miles from the main post office Zone 2: Outside a 45 mile radius from the main post office TRUCK DRIVERS CLASSIFICATIONS GROUP 3: Trucks, side, end, bottom and articulated end dump (3 yards to and including 6 yds.) GROUP 4: Trucks, side, end, bottom and articulated end dump (over 6 yds. to & including 12 yds.) GROUP 5: Trucks, side, end, bottom and articulated end dump (over 12 yds. to & including 20 yds.) httos://www.wdol.gov/wdol/scafiles/davisbacon/WA35.dvb?v=2 Page 5 of 9 Thursday, April 05, 2018 GROUP 6: Trucks, side, end, bottom and articulated end dump (over 20 yds. to & including 40 yds.) GROUP 7: Truck, side, end, bottom and articulated end dump (over 40 yds. to & including 100 yds.) GROUP 8: Trucks, side, end, bottom and articulated end dump (over 100 yds.) FOOTNOTE A - Anyone working on a HAZMAT job, where HAZMAT cerfification is required, shall be compensated as a premium, in addition to the classification working in as follows: LEVEL C -D: - $.50 PER HOUR - This level may use an air purifying respirator or additional protective clothing. LEVEL A -B: - $1.00 PER HOUR - Uses supplied air in conjunction with a chemical splash suit or fully encapsulated suit with a self-contained breathing apparatus. Employees shall be paid Hazmat pay in increments of four(4) and eight(8) hours. -------------------------------------------------------------- SUWA2009-023 05/22/2009 Rates Fringes FLOOR LAYER: Carpet .............$ 19.90 4.83 INSULATOR - BATT .................$ 13.56 0.21 LABORER: Common or General ...... $ 14.76 0.00 LABORER: Handheld Drill ......... $ 17.17 5.36 LABORER: Irrigation .............$ 11.58 0.00 LABORER: Landscape ..............$ 11.48 0.00 LABORER: Mason Tender - Cement/Concrete..................$ 9.00 0.00 METAL BUILDING ERECTOR ........... $ 11.59 3.86 OPERATOR: Bobcat/Skid Steer/Skid Loader ................$ 16.86 0.00 OPERATOR: Concrete Pumper ....... $ 22.30 5.27 OPERATOR: Mechanic ..............$ 24.33 4.33 PAINTER: Brush Only .............$ 14.50 0.50 PAINTER: Roller .................$ 22.62 0.25 PAINTER: Spray ..................$ 22.47 0.00 TILE SETTER ......................$ 13.50 0.00 https://www.wdol.gov/wdol/scafiles/davisbacon/WA35.dvb?v=2 Page 6 of 9 Thursday, April 05, 2018 TRUCK DRIVER: Semi -Trailer Truck ............................5 20.59 5.56 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, https://www.wdol.gov/wdol/scafiles/davisbacon/WA35.dvb?v=2 Page 7 of 9 Thursday, April 05, 2018 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 1008 of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour https://www.wdol.gov/wdol/scafiles/davisbacon/WA35.dvb?v=2 Page 8 of 9 Thursday, April 05, 2018 Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 9.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION https://www.wdol.gov/wdol/scafiles/davisbacon/WA35.dvb?v=2 Page 9 of 9 Thursday, April 05, 2018 State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 4/5/2018 Franklin Erector 1$16.861 1 1 Note httos://fortress.wa.vov/Ini/wa ve looku n/orvwaee l ooku D. esox Paaa 1 of 1 ATTACHMENT 9-C (1) PRECONSTRUCTION CHECKLIST FOR CONTRACTORS MEETING LABOR STANDARDS CONTRACT REQUIREMENTS I. INTRODUCTION. The following checklist has been prepared to assist contractors and subcontractors in meeting contractual labor standards responsibilities. All major administrative and procedural activities have been covered in the sequence they will occur as the construction project proceeds. Careful attention to and use of the checklist should result in a minimum number of problems with respect to labor standards and prevent delays for progress payments. II. EXPLANATORY NOTES The word "employer" as used below refers to the project contractor, each subcontractor, or each lower -tier subcontractor. Payrolls and other documentary evidence of compliance (marked with an asterisk) are required to be sent to the City for review all to be submitted through the prime contractor. The delivery procedure is as follows: A. Each lower -tier subcontractor, after careful review, submits required documents to the respective subcontractor. B. Each subcontractor, after checking his own and those of each lower -tier subcontractor he may have, submits required documents to the contractor. C. The contractor, after reviewing all payrolls and other documentation, including his own, and correcting violations where necessary, submits all to the City. All employers should check each of the following statements as being true If any statement is not true, the contractor or his representative should contact the grant recipient community for special guidance. III. BEFORE CONSTRUCTION BEGINS EACH CONTRACTOR MUST: A. Not have been debarred or otherwise made ineligible to participate in any federal or federally assisted project. B. Receive appropriate contract provisions covering labor standards contract requirements (HUD 4010). C. Review and understand all labor standards contract provisions. D. Receive the wage decision(s) as part of the contract (State & Federal). E. Request in writing to the City and receive the minimum wage for each classification to be worked on the project which was not included on the wage decision by the Additional classification Process and before allowing any such trade(s) to work on the project. * F. Request and receive certification of his apprentice program from the state's Bureau of Apprenticeship and Training (recognized by USBAT) and submit copy thereof to the recipient prior to employment on the project. ATTACHMENT 9-C (2) IV. AT CONSTRUCTION START THE CONTRACTOR MUST: A. Notify the City of the start of construction date. B. Place each of the following on a bulletin board prominently located on the project site that can be seen easily by the workers (and replaced if lost or unreadable any time during construction): Wage Decisions (State & Federal) 2. Notice to Employees (WH 1321) 3. Safety and Health Protection on the Job (OSHA) C. Before assigning each project worker to work, obtain the worker's name, best mailing address and social security number (for payroll purposes). * D. Obtain a copy of each apprentice's certificate with the apprentice's registration number and his year of apprenticeship from the State BAT. E. Inform each worker of.- His f: His work classification (journeyman or job title) as it will appear on the payroll. 2. His duties of work. The U.S. Department of Labor's requirement on this project that he is either a Journeyman, apprentice or laborer. If iournevmanhe is to be paid journeyman's minimum wage rate or more. • If apprentice, he is to be paid not less than the apprentice's rate for the trade based on his year of apprenticeship. If laborer, he is to do laborer's work only — not use any tool or tools of the trade — and not perform any part of a journeyman's work — and is to be paid the laborer's minimum wage rate or more. ATTACHMENT 9-C (3) F. Understand the requirements that each laborer or mechanic who Performs work on the project in more than one classification within the same workweek shall be classified and paid at the hi hest wa a rate applicable to au of the work which he performs unless the followin requirements are met: Accurate daily time records shall be maintained. These records must show the time worked in each classification and the rate of pay for each classification, and must be signed by the workman. 2. The payroll shall show the hours worked in each classification and the wage rate paid for each classification. 3. The payroll shall be signed by the workman or a signed copy of the daily time record shall be attached thereto. G. Inform each worker of his hourly wages (not less than the minimum wage rate for his work that is stated in the wage decision). Time and a half for all work over 40 hours any workweek (see Contract Work Hours Safety Standards Act). 2. Fringe Benefits, if any (see Wage Decision for any required benefits). Deductions from his pay. H. Inform each worker that he is subject to being interviewed on the job by the Grant Administrator, Grantee, Office of Intergovernmental Assistance, Department of Labor, or other U.S. Government inspector, to confirm that his employer is complying with all labor requirements. 1. Inform each journeyman and each apprentice that a joumeyman must be on the job at all times when an apprentice is working. V. DURING CONSTRUCTION A. Each employer must: Not select, assign, pay different pay rates to transfer, upgrade, demote, lay off, nor dismiss any project worker because of race, color, religion, sex or national origin. 2. Employ all registered apprentices referred through normal channels up to the applicable ratio of apprentices to journeyman in each trade used by the employer. 3. Maintain basic employment records accessible to inspection by the recipient or U.S. Government representatives. ATTACHMENT 9-C (4) 4. Comply with all health and safety standards. 5. Pay all workers weekly. * B. Submit weekly payrolls prepared on Form WH -347 OR equivalent: Weekly payrolls must contain all the information listed on WH -347 (below) and be accompanied by a signed Certification (Statement of Compliance). It is permissible for contractors to reproduce the forms if they wish. Some employers place all project workers on Payroll Form WH -347. The City does not review those project workers listed on the payroll who perform work which is descriptive of any of the following job titles that are exempt from labor requirements: • Project superintendent • Project engineer • Supervisory foreman (less than 20% of time as a timekeepers working foreman) • Payroll clerks • Messenger • Clerical workers • Timekeepers • Bookkeepers The following information must be provided on the front page of the payroll (Form WH -347) Heading (6 "blocks" of information) - Name of Employer. Name of employer is stated showing whether contractor or subcontractor. 2. Address. Street address or PO Box, city, state, and zip code of employer are stated. 3. Payroll Number. Each weekly payroll is numbered in sequential order (starting with Payroll No. "1"). If employer's workers perform no physical work on the project during workweek, he has submitted a "no work" letter for that workweek. Payroll or employer's final workweek on the project (completion of his work) is marked "Final." 4. For Week Ending. The last date of the workweek is stated in this "block." 5. Project and Location. Name of project and city in which located is stated. ATTACHMENT 9•C (5) 6. Column 1 — Worker's name as it appears on his paycheck is stated. Worker's best mailing address and social security number is stated on Payroll No. 1 or the payroll on which his name first appears. If worker changes his residential address while working on the project, his new address is stated on next applicable payroll. If any two or more workers have the same name, the last four numbers of the social security numbers are included on the payroll to note separate identification. 7. Column 2 — Number of withholding exemptions is for employer's convenience — not required to be completed. 8. Column 3 — The work classification (job title) for the worker is included in the wage decision and denotes the work that worker actually performed. Note: If the applicable classification is not included in the wage decision, the contractor should call the recipient immediately and request the classification on the Additional Classification form. Apprentice. If the worker is an apprentice, his State BAT registration number and year of apprenticeship is included in this column the first time the apprentice's name appears on the payroll. Split Classification. If worker has performed more than one class of work during the workweek, such as carpenter and laborer, the division of work will be shown on separate lines of the payroll. Accurate daily time records show the exact hours of work performed daily in each class of work and are signed by the affected workman. Each class of work the worker performed is stated in Column 3 in separate "blocks," and his name repeated in corresponding "blocks" in Column 1. The breakdown of hours worked daily under each work classification is stated in Column 4 and total for week in Column 5. The applicable wage rate for each classification of work is stated in Column 6. The payroll is signed by the workman in the related "blocks" or a signed copy of the daily time records are attached to the payroll. If the above is not done the worker is aid at least the highest minimum wage rate of all of the classes of work performed for all hours worked. ATTACHMENT 9-C (6) NOTE: Avera e Pay to Two Classes of Work Not Acce ted. The employer shall not pay a semi journeyman or semi -skilled laborer the average of journeyman and laborer's rates. The actual hours each worker uses tools of the trade (journeyman) and each hour he does not use tools of the trade (laborer) must be recorded in separate "blocks" in Column 3 of the payroll. Helper. The work classification of "helper" is not accepted by the OIA unless included in the wage decision issued by the Secretary of Labor for the project. Any employee listed as "helper" in the absence of such a classification in the wage decision must be paid the journeyman's rate for hours he uses tools of the trade. 9. Column 4 — Hours worked, each day and date for workweek are stated. • Overtime Hours ("0"), if any, are stated separately from straight hours; ("S'), over 40 hours any workweek. 10. Column 5 —Total hours worked during the workweek are stated (the sum of sub -columns) in Column 4 — straight and overtime hours recorded separately. 11. Column 6 — Rate of pay, not less than the minimum wage rate for the work classification (see wage decision) is stated. • The overtime rate of pay is not less than I and one-half times the worker's basic (straight) hourly rate of pay (Contract Work Hours Safety Standards). • Apprentices. If copy of the apprentice's registration certificate from the State BAT has not been submitted to recipient by employer (through contractor), the apprentice must be paid journeyman's rate. • Piece Worker. Piece work must be stated in Column 6 at an hourly rate, the gross pay for the workweek (work on the project) divided by the total number of hours worked on the project during the workweek. 12. Column 7 — Gross amount earned equals straight hours shown in Column 5, times straight rate of pay shown in Column 6, plus overtime hours (if any) shown in Column 5, times overtime rate of pay shown in Column 6. 13. Column 8 — Deductions. Each deduction made is required by law or is: • Voluntarily authorized by the worker in writing before the workweek began, or • Provided in a bargaining agreement to be deducted from the respective worker's pay. ATTACHMENT 9-C (7) 14. Column 9 — Net wages stated are Column 7 minus total deductions shown in Column 8. The following information must be provided on the back of the payroll (Form WH -347). Each Employer must: • Complete all blank spaces and understand the penalties for falsification. • Check Item 4 if fringe benefits are included in the wage decision for any of the workers: If fringe benefits are paid to approved fund(s), or - If paid directly to each affected worker included in paycheck for the workweek — his paycheck representing at least the pay of the applicable minimum wage rate plus the amount of required fringe benefits (paid cash in lieu of benefits). 15. Manually sign the payroll in block marked "signature," and state his title. The person who signed the payroll must be the employee or an official of the employer who legally is authorized to act for the employer. 16. Weekly Payroll Review. Each employer must promptly: • Review the weekly payroll for compliance with all labor requirements (using this checklist) and make necessary corrections. • Each subcontractor must receive a payroll or "no work" letter from each of his lower -tier subcontractors, review each and his own payroll, require necessary corrections, and submit all such payrolls to the contractor within five (5) calendar days from the last date of the workweek. • Contractor must receive a payroll or "no work" letter from each subcontractor and each low -tier subcontractor, monitor each including his own payroll, require necessary corrections, and collectively submit them to the recipient within seven (7) work days of the last day of the respective workweek. VI. AFTER PROJECT COMPLETION Each employer will: • Keep all weekly payrolls on the project for three (3) years after the contractor's project completion date. ATTACHMENT 9-C (8) Uwe hereby certify that we have read and understand the above contractual labor standards responsibilities. Contractor Date Contractor/Subcontractor Date Contractor/Subcontractor Date Contractor/Subcontractor Date Contractor/Subcontractor Date Contractor/Subcontractor Date Cc: Labor Compliance Enforcement File [PROJECT NO] SECTION 8 SCOPE OF WORK C' l2r - FENCEV111111111PIva 1620 E Salt Lake, Ste B Pasco, WA 99301. Phone:(509)547-0725 office@tricityfenceworks.com Name / Address City of Pasco Dean Pollick 110 S. 4th Ave. Pasco, WA 99301. Estimate Date Quote # 3/1/2018 267 Terms Rep Project Net 30 DMcG 110 S. 4th Ave - Pasco Description Qty U/M Total Install 36 LF of T chain link fence all bottom plate post and (6) 6' walk 3,828.00 gates, also install 9 LF of 6' chain link fence with (2) 4' walk gates. &h/ Word ,'�,, p.,�n/ ' are / ° Please let us know if you have any questions or concerns. Thank you for your consideration. Subtotal $3,828,00 Signature Sales Tax (8.6%) $329.21 Total $4,15721 SECTION 9 FORINTS, REPRESENTATIONS AND CERTIFICATIONS 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. 2. 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. 3. 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. ATTACHMENT 7-B 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 contract or 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 Name and Address of Subcontractor (include zip code): 1. Bidder has participated in a previous ❑ YES /P . or subcontract subject to the Equal Opportunity Clause 2. Compliance Reports were require to be filed in connection with such contract or subcontract. ❑ YES NO 3. Bidder has filed all corn an reports due under applicable instructions, including SF -100. ❑ YES ❑ NO ❑ NOT REQUIRED 4. Have you ever en or are you being considered for sanction due to violation of Executive Order 11246, as am ded? ❑ YES ❑ NO Name and itle of Signer (please type) Signature Date NOTE: If a subcontract is under $10,000, this for® is not required. Y � , ; i