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
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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
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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 +$2.00)
BASE POINTS: Spokane, Moses Lake, Pasco, Lewiston
Zone 1: 0-45 radius miles from the main post office
Zone 2: Outside a 45 mile radius from the main post office
TRUCK DRIVERS CLASSIFICATIONS
GROUP 3: Trucks, side, end, bottom and articulated end dump
(3 yards to and including 6 yds.)
GROUP 4: Trucks, side, end, bottom and articulated end dump
(over 6 yds. to & including 12 yds.)
GROUP 5: Trucks, side, end, bottom and articulated end dump
(over 12 yds. to & including 20 yds.)
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Rates
Fringes
Truck drivers:
(ANYONE
WORKING ON HAZMAT
JOBS SEE
FOOTNOTE A BELOW)
ZONE 1:
LEWISTON ZONE
CENTER
GROUP
3 ....................$
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.)
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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
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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,
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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
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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
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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
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