HomeMy WebLinkAboutLa Vaquerita Stephanie's Boutique Facade Improvement - 516 W Lewis Street (BGCA 2019-004)COMMUNITY DEVELOPMENT DEPAJITMENT 509-545-3441 I FAX 509-545-3499
P.O. BOX 293, 525 NORTH THIRD AVENUE, PASCO, WASHINGTON 99301
PERFECTION GLASS INC
15NAUBURN
RICHLAND, WA 99352
Dear Mr. Rojas:
July 3, 2019
SUBJECT: NOTICE TO PROCEED -TRANSMITTAL OF EXECUTED CONTRACT
BGCA2019-004 353 LA VAQUERITA FACADE 516 GLAZIER
Attached please find one fully executed contract for the subject contact dated 7/2/2019 in the
amount of$15,900.00, not including WSST, for your records. This letter will also serve as your
Notice to Proceed. August 27, 2019 will be the first working day charged to the project. The
contract specifies Four (4) days, August 30, 2019 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.
Enclosures:
/arp
cc: BGCA2019-004/Project File
Edwardo Velasco, Owner
Sincerely,
~~
Rick White, Director
Community & Economic Development
Damien Davis, DPDA Interim Director
Fa~ade Improvements Program
CONSTRUCTION CONTRACT
BGCA2019-004
This contract is made this rw' day of cJaj~ . 20~ between EDWARDO VELASCO
whose address is 15825 E KINGSIDE DR, COVINA,'A 91722 (herein called the "Owner"), and PERFECTION
GLASS INC whose address is 15 N AUBURN RICHLAND, WA 99352 (hereinafter called the "Contractor'')
regarding 353 LA VAQUERITA/STEPHANIE'S BOUTIQUE FACADE located at 516 W LEWIS ST (herein
called the "Project").
wrrNESSETH that the parties hereto agree as follows:
A To furnish the materials and perform the work for the Owner at the Project for the consideration of the amounts
as specified in the attached Contractor's Bid (Attachment A), in accordance with the conditions specified in this
Contract and the plans and bid specifications as attached (Attachment B).
B. The contractor will begin work only after notification by the Program Administrator that all requirements of the
Community Development Block Grant Program have been met. Services requested in this agreement shall be
completed within 90 days or as agreed by both parties.
HOLD HARMLESS: The Contractor agrees to defend, indemnify and hold harmless the Owner, the Owner's
financial institution, the City of Pasco, and the United States Department of Housing and Urban Development, their
agents and employees, from liability and claim for damages because of bodily injury, death, property damage,
sickness, diseases or loss and expense arising from Contractor's performance under this contract.
LIEN WAIVERS: Acceptance by the Owner and the City of the completed work performed by the Contractors and
payment therefore by the Owner will not relieve the Contractors of their obligation to the Owner (which obligation
is hereby acknowledged) to discharge any and all liens for the benefit of subcontractors, laborers, suppliers, or any
other persons performing labor upon the work or furnishing material or machinery for the work covered by this
Contract, which have attached to or may subsequently attach to the property, or interest of the Owner.
PAYMENT SCHEDULE: In consideration of the Contractor's performance of all terms of this Contract, the owner
shall pay the contractor within thirty (30) days of acceptance of the Contractor's billing. Following inspection and
issuance of a Certificate of Work Completeness by the City's Building Official the DPDA Fa~ade Improvements
Program shall reimburse the Owner for the approved portion of the project cost.
CLEAN UP: The Contractor shall keep the premises free from the accumulation of waste materials and rubbish and
at the completion of the work shall remove from the premises all rubbish, implements and surplus materials, and
leave the project area broom clean.
PERMITS AND CODES: The Owner will secure and pay for all permits and licenses required for project. The
Contractor agrees to perform all work in conformance with applicable state and local codes and Program
requirements, whether or not covered by the specifications and drawings for the work.
EQUAL OPPORTUNITY: The Contractor (and any subcontractors) will comply with all provisions of Executive
Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. The
Contractor will not discriminate against any employee or applicant for employment because of race, creed, color,
sex, familial status or national origin. Such action shall include, but not be limited to the following: promotion,
demotion or transfer, recruitment or recruitment advertising, layoff or termination, mtes of pay or other forms of
compensation, and selection for training including apprenticeship. The Contractor shall post in conspicuous places
available to employees and applicants for employment, notices to be provided by the Administrator setting forth the
provisions of this nondiscrimination clause. The Contractor shall state that all qualified applicants will receive
consideration for employment without regard to race, creed, color, religion, sex, familial status or national origin.
The Contractor shall incorporate foregoing requirements in any and all subcontracts.
STATE OF WASHINGTON, FEDERAL CONSTRUCTION CONTRACT PROVISIONS: Contractor will
comply with the following provisions where applicable:
Contractor and Subcontractor(s) will comply with other applicable Federal Requirements as described in the
attached General Conditions (Attachment C):
Complying with Davis-Bacon and related acts (Attachment D) and complying with State Prevailing Wage law (see
attached wage rate schedule)
The provisions include, but are not limited to:
Signing of Certifications for Contractor and Subcontractor ( s) (Attachment E)
Other stipulations include provisions for lead paint, historic preservation., architectural barriers, flood protection and
safety standards.
UNACCEPTABLE RISK: Contractor represents that at the time of execution hereof, it is not listed in the debarred
and suspended contractor's list of the U.S. Department of Housing and Urban Development.
WARRANTY: Contractor shall guarantee all work performed under this Contract for a period of one year from the
date of final acceptance. Furthermore, the contractor shall furnish the Owner with all manufacturers' and suppliers'
written guarantees and warranties covering materials and equipment furnished under this Contract.
BID SPECIFICATIONS: Contractor acknowledges that he has reviewed the bid specifications and that this
information is accurate and consistent as to scope of work, contract price, and the work that the Contractor will
undertake. Contractor also agrees that any such contract agreement, specifications or Contractor's Bid shall not be
changed or altered unless in writing (see Change Order Form) and with the consent of the Administrator and the
Owner.
LEAD-BASED PAINT HAZARDS: The use of lead-based paint, meaning any paint containing more than 0.5%
lead by weight or for paint manufactured after June 22, 1977, paint containing more than 0.06% lead by weight, is
strictly prolnbited from use on any interior surface or exterior surface in any building being built or rehabilitated
with funding from the CDBG Program. Additionally, any evidence of a health hazard, which is defined as cracking,
scaling, peeling and loose lead-based paint, must be treated to prevent the ingestion of the contaminated paint. It is
further necessary to assume that any of the above conditions constitute an immediate or potential hazard and must be
corrected using appropriate methods.
INDEMNIFICATION: Contractor agrees to defend, indemnify and hold harmless the Owner's financial institution
and the City, including the payment ofreasonable attorney's fees, against any claim or liability for damages or
defense against the Owner's obligation to repay the financial institution as a result of a default in the Contractor's
Performance or as a result of any other claim or defense which the Owner has a right to maintain against the
Contractor.
SUBCONTRACTORS: Contractor agrees that all the warranties contained herein shall apply to all work performed
under the Contract, including that performed by any subcontractors. Any subcontractor must comply with all
conditions of this Contract and must be approved by the Owner and the City before performing any work.
INSURANCE: The Contractor and subcontractors shall procure and maintain liability insurance, property damage
insurance, and vehicle liability insurance in an amount not less than $100,000 for bodily injury to anyone, and not
less than $300,000 for each occurrence; property damage in an amount not less than $50,000 per occurrence and
$100,000 aggregate; and vehicular liability of$100,000 for any one person and $300,000 per occurrence. Contractor
and subcontractors before commencing work shall submit evidence of the coverage required above by an insurance
certificate submitted to the City.
UTILITIES: The Owner shall permit Contractor and subcontractors to use, at no cost, existing utilities such as
light, heat, power, and water necessary to the carrying out and completion of the work. In addition, the Owner shall
cooperate with Contractor and subcontractors to facilitate the performance of the work as necessary.
ASSIGNMENT OF CONTRACT: The Contractor may not assign this Contract (transfer its responsibility)
without written consent of the Owner and the City.
TERMINATION: This Contract may be terminated by the owner, at any time, for failure of the contractor to
comply with any of the terms or conditions as specified under this contract, by providing the Contractor with a
written notice stating the reasons and the effective date of the termination. Said notice of termination shall be
delivered to the Contmctor at least ten (10) days prior to the effective date of the termination.
OWNERS:
~ifL
EDW OVEcisco
15825 E KINGSIDE DR
COVINA, CA 91722
(949) 546-5342
CONTRACTOR:
PERFECTION GLASS INC
1238 COLUMBIA PARK TRAIL
RICHLAND, WA 99352
robert@perfectionglass.com
509-586-1177 Office
509-572-3068 Direct
ATTACHMENT A -Proposal
103 West canal Drive
Kennewick, WA 99336
WINDOW & DOOR SPECIALISTS
State Cont. License PERFEl-241Q2
www.PerfectionGlass.com
6/7/2019
To: Eduardo Velasco RE: Storefront Upgrade
Attn: Owner Location:
Phone: (949)246-5342 Pasco, WA 99301
Email:
Perfection Glass, Inc. proposes to provide all labor, equipment, and material for the complete installation of the
following items.
Includes:
Excludes:
Total Bid:
Sincerely,
J<Ue/COOK/
Removal and Disposal of Existing Framing and Glass
Aluminum Storefront
Kawneer Storefront Systems Trifab 451T, Center Glazed, #17 Clear Anodized Finish
Kawneer Storefront Systems Trifab 451/450 Door Frame, #17 Clear Anodized Finish
Kawneer Storefront Systems 350 Medium Stile, 10" Bottom Rail, Kawneer Continuous Geared
Hinge, Adams Rite MS 1850 Dead Bolt, Keyed Alike Cylinders, Interior Exit Indicator, Kawneer
Standard Push/ Pulls, Threshold, Weathering
Glazing
1• OA, ¼11 Solarban 60 / ¼11 Clear Tempered, Argon
Related Sealants and Fasteners
Temporary Board Up
Opening Preparations
Sales Tax
$15,459
Final Keying
Jake @p erfectionglass.com
509-572-3068 -office
509-551-6277 -cell
DATE:
TO:
FROM:
SUBJECT:
MEMORANDUM
October 30, 2018
Rick White, Community & Economic Development Director
Angela R Pitman, Block Grant Administrator (J,J:,/J
FACADE DESIGN REVIEW COMMITTEE RECOMMENDATION
BGED2018-002 353 LA VAQUIERA FACADE-516 W LEWIS ST
1bis project was reviewed at the Design Review Committee Meeting of October 24, 2018 for
compliance with the Downtown Revitalization Plan per Resolution 3747, approved by
Council on January 23, 2017. Four of five voting members present.
Two buildings are to be covered with brick and stone. The buildings have different but
similar designs. There was some discussion regarding the owners choices, some comments
were presented to the owner who revised and returned his sketch. Mike Miller moved the
project be approved with comments, seconded by Luke Hallowell, the motion carried
unanimously to recommend approval of this project as submitted with comments.
/arp
Cc: BGED2018-002/file
Rick White, Community & Economic Development
Director
ATTACHMENT B-SPECIF1CATIONS
Project Name: Eduardo Valesque
Frame Set Name: Frame Set 1
Metal Group: 451T CG/SS/OG/HP/RHINO
Required: 1 Panels: 1 Rows: 1
Back Member Color: #17 CLEAR : PERMANODIC
2 -----1 ,.
29 1/4 (R.0.)
29 {O.A.FR)
1--2s--~------------,
I <O ..-
l m
(0
I (0
t
l
(0
'I""" -......
Report Provided Courtesy of PartnerPak Studio -5.0.0.105
&n/2019 10:53 AM
Frame Name: Frame 1
D/S: 1 Frame Type: Standard
Frame Width: 29 Frame Height: 71
Face Member Color: #17 CLEAR : PERMANODIC
..,._ __ 2
<O
~ -en_ -0 er: 0 ..... u. II • cr: w~ -NO N -----en..--.,_...__ ....... ::>
0
Page: 1 Of 6
Project Name: Eduardo Valesque
Frame Set Name: Frame Set 1
Metal Group: 451T CG/SS/OG/HP/RHINO
&n/2019 10:53 AM
Frame Name: Frame 2
D/S: 1 Frame Type: Standard
Required: 1 Panels: 1 Rows: 1 Frame Width: 66 1/2 Frame Height: 71
Back Member Color: #17 CLEAR : PERMANODIC Face Member Color: #17 CLEAR : PERMANODIC
2--llfi
66 3/4 (R.O.)
66 1/2 (0.A.FR)
-------621/2-------
tO ..... -O>
(0
(0
t
l
U) ..... -....
Report Provided Courte$y of PartnerPak Studio -5.0.0.105
i....--2
U) ---o, _ -co:: 0 ,.._ LL
II • a:: w~ -~ NO --.....
(/) --..... I-,.__ ,.__
:::>
0
Page: 2 Of 6
Project Name: Eduardo Valesque
Frame Set Name: Frame Set 1
Metal Group: 451T CG/SS/OG/HP/RHINO
Required: 1 Panels: 1 Rows: 2
Back Member Color: #17 CLEAR : PERMANODIC
39 112 (O.A.FR)
I I I . 36 I
l
I <t'.
l t
i
~ -
I i
j
l
1 +
A=13 3/4
Report Provided Courtesy of PartnerPa/c Studio -5.0.0.105
&n/2019 10:53 AM
Frame Name: Frame 3
D/S: 1 Frame Type: Standard
Frame Width: 391/2 Frame Height 101 1/4
Face Member Color: #17 CLEAR: PERMANODIC
f---13/4
1--
.....
" ~
<i.
d -~ --~ 0 co -
'
Page: 3 Of 6
Project Name: Eduardo Valesque
Frame Set Name: Frame Set 1
Metal Group: 451 T CG/SS/OG/HP/RHINO
Required: 1 Panels: 3 Rows: 1
Back Member Color: #17 CLEAR : PERMANODIC
&n/2019 10:53 AM
Frame Name: Frame 4
D/S: 1 Frame Type: Standard
FrameWidth: 201 3/4 Frame Height: 71
Face Member Color: #17 CLEAR : PERMANODIC
fii------------------2021/4 (R0.)1-----------------•,1
2
ii--~------------201 3M (OAFR) ~ 1t-_:_
64 19/32 _J
,-
----
I I
U) ... a;
co
U)
! , I
I t
' ""T
<O -;:::
Report Provided Courtesy of PartnerPalc Studio -5.0.0.105
64 9/16 6419/32 -----
t t
lL o~d
'jjU, a:
<( -~~ --... rn ......
_fil
Page: 4 Of 6
Project Name: Eduardo Valesque
Frame Set Name: Frame Set 1
Metal Group: 451T CG/SS/OG/HP/RHINO
Required: 1 Panels: 1 Rows: 1
Back Member Color: #17 CLEAR : PERMANODIC
41 5/8 (R.O.)
411/8 (O.A.FR)
2 I
I= 371/8
~
(0 ..-, a;
co
LO
l ---
l
<.0
~ -,..._
Report Provided Courtesy of PartnerPak Studio • 5.0.0.105
sn,2019 10:53 AM
Frame Name: Frame 5
D/S: 1 Frame Type: Standard
Frame Width: 411/8 Frame Height: 63
Face Member Color: #17 CLEAR : PERMANODIC
-
~ I
·1
I
(0
~ m --. C\10:: 0 w lL: 0:: w~ -NO C\I ---T'"' en t") t")
I-(0 (0
:::> u
t I
i
I
_j
Page: 5 Of 6
Project Name: Eduardo Valesque
Frame Set Name: Frame Set 1
Metal Group: 451T CG/SS/OG/HP/RHINO
&n/2019 10:53 AM
Frame Name: Frame 6
D/S: 1 Frame Type: Standard
Required: 1 Panels: 4 Rows: 2 Frame Width: 216 Frame Height: 901/2
Back Member Color: #17 CLEAR : PERMANODIC Face Member Color: #17 CLEAR : PERMANODIC
216 (O.A.FR) • ~m~~ ~
2
,-----5621132---11---5611/16-----5621132 _
2=1 ~~~ __ 2
__ .....-.,..
f ~===========---~~~~~~~3 1
I
l
,I
T
CD .... ;::: 0
N
l
----~-----------
Report Provided Courtesy of PartnerPak Studio -5.0.0.105
t
-Ir . u. 0 . ·< a:: . -o l ;;
0 ....
CJ) 0 a,
I
I
Page: 6 Of 6
~I JL · ..
TrifabTM VersaGlaze™ is built on the proven and successful Trifab™
platform -with all the versatifity its name implies. There are enough
framing system choices, fabrication methods, design options and
performance lewis to please the most cf1SCeming building owner,
architect and instaler. The Trifab™ VersaGlaze™ family's newest
adcfrtion, TrifabTM 451UT (Ultra Thermal) framing system, is designed
fOI" the most demanding thermal performance and employs a "duat•
lsoloclc'"' Thermal Break.
Aesthetics
Trifab™ VersaGlaze™ framing systems offer designers a choice of
front-, center-, back-or multi-plane glass apprrcations. Structural silicone
glazing (SSG} and Weatherseal glazing options further expand the
designers' choices, allowing for a gr-eater range of design pcssib1!it,es
for specific project requirements and architectural styles. All systems
have a 4-1/2• frame depth -Trifab™ VersaGlaze™ 450 has ·!-3/4.
sightlines, while Trifab7"" VersaGlaze™ 4511451T and Trifab™ 451UT
have 2" sightlines.
'(KAWNEER
~4.N ARCOMC COMPANY
With seamiess incoiporatic!'l of Kawneer entrances or windows, including
Gt.ASSverrt™ visualiy frameless ventilators, Trifab™ VersaGlaze™ can
be used on almost any project These framing systems can also be
packaged with Kawneer curtain walls and overhead glazing, thereby
providing a full range of proven, and tested, quality p roducts for the
owner, architect and installer from a single source supplier.
Economy
Trifab™ VersaGlaze™ 45Q/451/451T framing systems offer four
fabrication choices to suit your project ff rifab"' 451 UT available as screw
spline fabrication only):
• Screw Spline -for economical continuous runs utilizing two
piece vertical members that provide the option to pre-assemble
units with controlled shop labor costs and smaller field crews for
handling and installation.
• Shear Block -for punched openings or continuous runs using
tubular moldings with shear block clips that provide tight joints for
transporting large pre-assembled multi-lite units.
• Stick -for fast. easy field fabrication. Field measurements and
material cuts can be done when metal is on the job.
• Type B -Same fabrication benefits as shear block except head
and sill run through.
All systems can be flush glazed from either the inside or outside. The
Weatherseal option provides an altema1ive to SSG vertical mullions
for Trifab™ Ver.;aGlaze™ 450/451/451T. This ABS/ASA rigid polymer
-
Brighton I.anding. Cambridge, MA
Architeds: ADD Inc.., Cambridge, MA
Glazing ContractoB: Ipswich Bay Glass
Company.Inc., Rowley, MA
For the Finishing Touch
extrusion allows complete
inside glazing and creates
a flush glass appearance
on the building exterior
without the added labor
of scaffolding or swing
stages. Additionally, High-
Performance (HP) Flashing
options are engineered
to eliminate perimeter sill
fasteners and associated
blind seals.
Architectural Class I anodized aluminum finishes are available in dear
and Permanodic ™ color choices.
Painted finishes, including fluoropolymer, that meet AAMA 2605
are offered in many standard choices and an unlimited number of
specially designed colors.
Solvent-free powder coatings add the green element with high
performance, durability and scratch resistance that meet the
standards of AAMA 2604.
Kawneer Company, Inc.
Technology Parle / Atlanta
555 Guthridge Court
Norcross, GA 30092
kawneer.com
770 . 449 . 5555
C ~eet Cnmpe:l). ?nc.. 2007-2ul 1 UTliO IN U.SA Form No. 17-~.a
T ri!abi"". V-,s:;;Ghrzc-W, Jrm.kkd'IM ;,n,d P~'B! .;r,o trJ<b~ of I( y,n•}-¥ Comp3ny. c.
Performance
Ka\'1/Tleer's lsoiockl"M Thermal Break process creates a composite
section, prevents dry shrinkage and is available on T rifab TM
VersaGlaze™ 451T. For even greater thermal performance, a "dual"
lsolockT" Thermal Break is used on TrifabTM 451UT.
Trifab.., 451UT uses a •dual'" lsolockTM Thermal Break (right) and
features a new HP (High Performance) sil design, which incorporates a
screw-applied end dam (left), ensuring positive engagement and tight
joints between the sill flashing and end dam.
U-factor, CRF values and STC ratings for Trifab™ VersaGlaze™ vary
depending upon the glass plane application. Project specific U-factors
can be determined for each individual project. (See the Kawneer
Architectural Manual or Kawneer.com for additional information).
Thermal simulations showing temper.rture variations from exterior/cold
side to interior/warm side.
Trifab..., VersaGlaze™
451T
Trifab.., VersaGlazeTM
451UT
PERFORMANCE TEST STANDARDS
Air Infiltration ASTM E 283
Water AAMA 501, ASTM E 331
Structural ASTME330
Thermal AAMA 1503
lhermal Break AAMA 50!,, .MMA llR-J\8
Acoustical AAMA 1801, ASTM E 1425
TrifabDI VenaGlaze'DI 45Q/'451/451T glazing options
(note: Trifab111 451lff available as center set glass plane only).
Center Back SSG Weatherseal Multi.Plane
JANUARY, 2019 Trifab ™ VG 451/451T Framing System 1
EC 97909-124 084113 ALUM~ED ENTRANCES AND STOREFRONTS GuideSpecs
SECTION 084113 -ALUMINUM-FRAMED ENTRANCES AND STOREFRONTS
This suggested guide specification has been developed using the current edition of the Construction Specifications Institute (CSI) "Manual of
Practice", induding the recommendations for the CSI 3 Part Section Format and the CSI Page Fonnat. Additionally, the development concept and
organizational anangement of the American Institute of Architects (AIA) MASTERSPEC Program has been recognized in the preparation of this
guide specification. Neither CSI, AIA, USGBC nor ILFI endorse specific manufacturers and products. The preparation of the guide specification
assumes the use of standard contract documents and forms, Including the "Conditions of the Contract", published by the AJA.
PART 1 -GENERAL
1.1 Related Documents
A. Drawwigs and general provisions of the Contract, including General and Supplemenlary Conditions and Division 01 Specification Sections, apply to this
Section.
1.2 Summary
A. Section Includes: Kawneer Architecblral Aluminum Storefront Systems, including perimeter trims, stools, accessories, shims and anchors, and perimeter
sealing of storefront units.
EDITOR NOTE: CHOOSE NON-THERMAL OR THERMAL SYSTEM.
1. Types d Kawneer Auninum Storefront Systems include:
a. Trifab 111 VG 451 Framing System-'l." x 4-1fr (50.8 mm x 114.3 mm) norrinal dimension; Non-Thermal; Front, Center, Back, Multi-Plane,
Structural Siicone orWeatherseal Glazed {Type B); Saew Spine, Shear Block, Stick or Punched Opening Fabrication.
b. Trifab 111 VG 451 Framing System -Impact Glazing and Blast Mitigation.
c. Trfab 111 VG 451T Framing System -'l." x 4-1/2" (50.8 mm x 114.3 mm) l'IOITINI dimension; Thermal; Front, Center, Back, Multi-Plane,
S1ructural Siticone or Weatherseal Glazed {Type B); Saew Spline, Shear Block, Stick or Punched Opening Fabrication.
d. Trifab 111 VG 451T Framing System-Impact Glazing and Blast Mitigation.
EDITOR NOTE: BELOW RB.ATED SECTIONS ARE SPECIFIED ELSEWHERE HOWEVER KAWNEER RECOMMENDS SINGLE SOURCE RESPONSIBIU1Y FOR AJ.1. OF
THESE SECTIONS AS INDICATED IN PART 1.6 QUAUTY ASSURANCE.
B. Related Sections:
1. 072700 "Air Barriers"
2. 079200 "Joint Sealants"
3. 083213 "Siding Akminum-Framed Glass Doors"
4. 084113 "Aknninum-Framed Enfrances and Storefron1s•
5. 084329 "Siding Storefronts"
6. 084413 "Glazed Akminum Curtail Wais"
7. 084433 "Sloped Glazing Assemblies"
8. 085113 "Aluminum Windows"
9. 086300 'Metal-Framed Skylights"
10. 088000 "Glazing"
11. 107113 "Exterior sun Control Devices"
12. 122600 interior Daylighting Devices"
1.3 Definitions
A. Definitions: For fenestration industry standard tenninology and definitions refer to American .Arthileclural Manufac:lm!rs Association (MMA) -AAMA
Glossary (MMA AG).
1A Perfonnance Requirements
A. Storefront System Perfonnance Requirements:
EDfTOR NOTE:AIRAND WATER PERFORMANCE RESULTS ARE BASED UPON ASTMAND AAMA STANDARDS FOR STOREFRONT FRAMING SYSTEMS.
CONSULT YOUR LOCAL KAWNEER REPRESENTATIVE CONCERNING SPECIFIC PROJECT PERFORMANCE REQUIREMENTS.
EDfTOR NOTE: PROVIDE WIND LOAD DESIGN PRESSURES IN PSF AND INCLUDE APPLICABLE BUILDING CODE AND YEAR EDITION
lcawneer .com
1. Wind loads: Provide storefront system; include anchorage, capable of withstanding wind load design pressures of L._j lbsJsq. ft. inward and
LJ lbsJsq. ft. outward. The design pressures are based on the LJ Buikfmg Code; LJ E<fdion.
2. />Jr Leakage: The test specimen shaH be tested in accordance with ASTM E 283. NT Leakage rate shall not exceed 0.06 cfm/ft2 (0.3 Vs · m2) at a
static air pressure <flfferenlial of 62 psf (300 Pa) with interior seal, or, rate shaO not exceed 0.06 cfm'ft2 (0.3 Us • m2) at a slatic air pressure
differential of 1.6 psf (75 Pa) without interior seal. CSA M40 Foced Rating.
SPCC040EN
r(KAWNEER .. _ _,,,
2 Trifab ™ VG 451/451T Framing System JANUARY, 2019
Guide Specs 084113 ALUMINUM-FRAMED ENTRANCES AND STOREFRONTS EC 97909-124
3. Water Resistance: The test specimen shall be tested in accordance with ASTM E 331. There shall be no leakage at a minimum static air pressure
differential of 8 psf (383 Pa) as defined in MMA 501.
4. Uniform Load: A static air design load of 35 psf (1680 Pa) shall be applied in the positive and negative direction in accordance with ASTM E 330.
There shaD be no deflection in excess of U175 of the span of any framing member. At. a structural test load equal to 1.5 times the specified design
load, no glass breakage or permanent set in the framing members in excess of 0.2% of their clear spans shall occur.
5. Seismic: When tested toAAMA 501.4, system must meet design displacement of 0.010 x the story height and ultimate displacement of 1.5 x the
design cfisplacemenl
6. Thennal Movements: Allow for thermal movements resulting from the following maximum change (range) in ambient and surface temperatures:
a. Temperature Change (Range): O deg F (-18 deg C); 180 deg F (82 deg C).
b. Test Interior Ambient-Air Temperature: [75 deg F (24 deg C)] .
c. Test Performance: No buckling; stress on glass; sealant failure; excess stress on framing, anchors, and fasteners; or reduction of performance
when tested according to MMA 501.5 for a minimum 3 cycles.
EDITOR NOTE: THERMAL TRANSMITTANCE AND CONDENSATION RESISTANCE PERFORMANCE RESULTS ARE BASED UPON 1" CLEAR INSULATING GLASS (1/4"
CLEAR WITH e= 0.035 LOWE COATING ON#2 SURFACE, 11'2" AS WfTH WARM EDGE SPACER AND 90% ARGON GAS FILL, 1/4" CLEAR).
7. Energy Efficiency:
a. Thermal Transmittance (LI.factor): When tested to MMA Specification 1503, the thermal transmittance (LI.factor) shall not be more than:
1) Glass to Exterior-0.47 (low-e) or0.61 (clear) or ProjectSpecificL__} BTU/hr/1121°F.
2) Glass to Center-0.44 (low-e) or 0.61 (clear) or Project Specific L__} BTU/hr/1121°F.
3) Glass to lnterior-0.41 (low-e) or 0.56 (clear) or Project Specific L_J BTU/hr/fl2/°F.
8. Condensation Resistance (CRF): When tested to AAMA Specification 1503, the condensation resistance factor shall not be less than:
a. Glass to Exterior -70mm, and 6~ (low-e) or 69nme and 58glass (clear).
b. Glass to Center-62irame and 68glass (low-e) or 63rrame and 56glass (clear).
c. Glass to lnterior-56rrame and 67flat,s (low-e) or 54rn.ne and 58glass (clear).
EDITOR NOTE: SOUND TRANSMISSION CLASS (STC) AND Ol/TDOOR-INDOOR TRANSMISSION CLASS (OITC) TEST RESULTS ARE BASED UPON 1" CLEAR DOUBLE
LAMINATED INSULATING GLASS WITH PVB IN1ERLAYER (1.18", .030", 1.18", 112" AS, 1.18", .030", 1.187.
9. Sound Transmission Class (STC) and Outdoor-Indoor Transmission Class (OITC): When tested to AAMA Specification 1801 and in accordance
with ASTM E1425 and ASTM E90, the STC and OITC Rating shall not be less than:
a. Glass to Exterior -38 (STC) and 31 (OITC).
b. Glass to Center -37 (STC) and 30 (OITC).
c. Glass to Interior -38 (STC) and 30 (OITC).
EDITOR NOTE: CHOOSE IMPACT RESISTANCE PREFORMANCE IF REQUIRED TO MEET PROJECT REQUIREMENTS.
10. Windbome-Debris-lmpact Resistance Performance: Shall be tested in accordance with ASTM E 1886, information in ASTM E 1996 and TAS
201/203.
a. Large-Missile Impact: For aluminum-framed systems located within 30 feet (9.1 m) of grade.
b. Small-Missile Impact: For aluminum-framed systems located above 30 feet (9.1 m) of grade.
EDITOR NOTE: CHOOSE Bl.ASTMmGATION PREFORMANCE IF REQUIRED TO MEET PROJECT REQUIREMENTS.
11. Blast Mitigation Performance: Shall be tested or proven through analysis to meet ASTM F1642, GSA-TS01, and UFC 04-010.01 performance
criteria.
To meetUFC 04-010.01, B-3.1 Standard 10 for Windows and Skylights, the following options are available:
a. Section 8-3.1.1 Dynamic analysis.
b. SeclionB-3.1.2Testing.
c. Section B-3.1.3 ASTM F2248 Design Approach.
EDITOR NOTE: MATERIAL. INGREDENT REPORTING F REQUIRED TO JEETPROJE.CTREQUIREIENTSANDONANY GREEN BUlDING CERTFICATIONS SUCH AS LEED OR
LBC.
EDITOR NOTE: MATERIAL. INGREDENTREPORTING ONLYFORANOOIZB) PRODUC1S.
12. Material Ingredient Reporting: Shall have a complete list of chemical ingredients to at least 100ppm (0.01%) that covers 100% of the product,
acceptable documentation includes:
a. Manufacturer's inventory with Chemical Abstract Service Registration Number (CASRN or CAS#).
1) Kawneer's Material Transparency Summary (MTS).
b. (Trifab 111 451T} Cradle to Cradle certification: Either document below is acceptable for this option.
1) Cradle to Cradle CertifiedTII with Material Health section SHver or above.
2) Silver level or above Material Health Certificate.
c. Red List Free DECLARE label.
B. Environmental Product Declarations (EPD): Shall have a Type Ill Product-Specific EPD created from a Product Category Rule.
,{"KAWNEER ---SPCC040EN kawneer.mm
11
E : ..,
C ..
"i
3
"' 0
C
~
"' <>. -s O·
~ ..
3:
C
0
i ::,
:? C
8 • ~~ ... 0 -5 E ~I 0 ..
~ ... J ~I; £ Jg :,:;
C _.., ..
2[ <>.
E
0 -~ u .. .e ~r ~ ..
== I C .. I~ 0
1l E .. .. ..,
C ..
j
ll ~
15
'C
Q.
'5
0
i
C
i ::,
a,
C
C g .. r"E
-5 i 0
0 ~e N
~ Q. ci
~,I;; .5 .,_ :,:; ~., C -=-• '8 ..
Q. la. E .. ~ 8 •.e ~t :. .,
== C
~ i3 m ~ ... 0 ~c
JANUARY, 2019 Trifab ™ VG 451/451T Framing System 3
EC 97909-124 084113 ALUMINUM-FRAMED ENTRANCES AND STOREFRONTS Guide Specs
1.5 Submittals
1.6
EDITOR NOTE: ADD RECYCLED CONTENT SECTION IF REQUIRED TO MEET PROJECT REQUIREMENTS AND/OR GREEN BUILDING CERTIFICATIONS SUCH AS
LEED, LIVING BUILDING CHAUENGE (L.BC), ETC. ARE REQUIRED.
• 1F RECYCLED CONTENT REQUIREMENTS ARE NOT SPECIFIED-PRIME (ZERO RECYCLED CONTENT} ALUMUNUII COULD BE SUPPLIED.
A. Product Data: Include construction details, material desaiptions, dimensions of individual components and profiles, hardware, finishes, and installation
instructions for each type of aluminum-framed storefront system indicated.
1. Recycled Content
a. Provide documentation that aluminum has a minimum of 50% mixed pre-and post-consumer recycled content with a sample document
iUustrating project specific information that wil be provided after product shipment.
b. Once product has shipped, provide project specific recycled content information, including:
1) Indicate recycled content; indicate percentage of pre-and post-consumer recycled content per unit of product.
2) Indicate relative dolar value of recycled content product to total dollar value of product included in project.
3) Indicate location recovery of recycled content
4) Indicate location of manufacturing facility.
2. Envirorvnental Product Declaration (EPD):
a. Include a Type Ill Product-Specific EPD created from a Product Category Rule.
EDITOR NOTE: MATERIAL INGREDIENT REPORTING ONI.. Y FOR ANODIZED PRODUCTS
3. Material Ingredient Reporting:
a. Include documentation for material reporting that has a complete list of chemical ingredients to at least 100ppm (0.01%) that covers 100% of
the product.
B. Shop Drawings: Include plans, elevations, sections, details, hardware, and attachments to other work, operational clearances and instanation details.
C. Samples for Initial Selection: For units with factory-app6ed color finishes including samples of hardware and accessories involving color selection.
D. Samples for Verification: For aluminum-framed storefront system and components required.
E. Product Test Reports: Based on evaluation of comprehensive tests performed by a qualified testing agency for each type of aluminum-framed storefront
F. Fabrication Sample: Of each vertical-to-horizontal intersection of aluminum-framed systems, made from 12" (304.8 mm) lengths of ful-size components
and showing details of the following:
1. Joinery.
2. Anchorage.
3. Expansion provisions.
4. Glazing.
5. Flashing and drainage.
G. Other Action Submittals:
1. Entrance Door Hardware Schedule: Prepared by or under the supervision of supplier, detailing fabrication and assembly of entrance door hardware,
as wen as procedures and diagrams. Coordinate final entrance door hardware schedule with doors, frames, and related work to ensure proper size,
thickness, hand, function, and finish of entrance door hardware.
Quality Assurance
A. Installer Qualifications: An instaler which has had successful experience with installation of the same or similar units required for the project and other
projects of similar size and scope.
B. Manufacturer Qualifications: A manufacturer capable of providing aluminum-framed storefront system that meet or exceed performance requirements
indicated and of documenting this performance by inclusion of test reports, and calculations.
C. Source Limitations: Obtain aluminum-framed storefront system through one source from a single manufacturer.
D. Product Options: Drawings indicate size, profiles, and clmensional requirements of aluminum-framed storefront system and are based on the specific
system indicated. Refer to Division 01 Section "Product Requirements·. Do not modify size and dimensional requirements.
1. Do not modify intended aesthetic effects, as judged solely by Architect, except with Architect's approval. If modifications are proposed, submit
comprehensive explanatory data to Architect for review .
E. Mockups: Build rnockups to verify selections made under sample submittals and to demonstrate aesthetic effects and set quality standards for materials
and execution .
1. Build mockup for type(s) of storefront elevation(s) indicated, in location(s) shown on Drawings.
F. Pre-installation Conference: Conduct conference at Project site to comply with requirements in Division 01 Section "Project Management and
Coordination".
G. Structural-Sealant Glazing: Comply with ASlM C 1401, "Guide for Structural Sealant Glazing" for design and installation of structural-sealant-glazed
systems.
H. Structural-Sealant Joints: Design reviewed and approved by structural-sealant manufacturer.
~(KAWNEER .. __
kawneer.com SPCC040EN
4 Trifab ™ VG 451/451T Framing System JANUARY, 2019
GukleSpecs 084113 ALUMINUM-FRAMED ENTRANCES AND STOREFRONTS EC 97909-124
1.7 Project Conditions
A. Reid Measurements: Verify actual dimensions of aluminum.framed storefront openings by field measurements before fabrication and indicate field
measurements on Shop Drawings.
1.8 Warranty
A. Manufacturer's Wananty: Submit, for Owner's acceptance, manufacturer's standard wananly.
1. Wananly Period: Two (2) years from Date of Substantial Completion of the project provided however that the Linited Wananly shall begin in no
event later than six months from date of shipment by manufacturer.
PART 2 • PRODUCTS
2.1 Manufacturers
EDITOR NOTE: CHOOSE NON-THERMAL OR THERMAL SYSTEM AND GLASS ORIENTATION CENTER, EXTERIOR (FRONT), INTERIOR {BACK).
A. Basis-of-Design Product:
1. Kawneer Company Inc.
2. Trifab 111 VG 451 (Non-ThennaO orTrifab 111 451T (Thermal) Framing System
3. Trifab 111 VG 451 (Non-ThermaO or Trifab 111 451T (ThermaO Framing System (Impact Glazing and Blast Mitigation)
4. System Dimensions: 'Z' x 4-1/'Z' (50.8 mm x 114.3 mm)
5. Glass: Center, Exterior or Interior
EDITOR NOTE: PROVIDE INFORMATION BB.OW INDICATING APPROVED ALTERNATIVES TO THE BASIS-OF-DESIGN PRODUCT
B. Subject to compliance with requirements, provide a comparable product by the following:
1. Manufacturer: ( )
2. Series: ( l
3. Prulile dimension: ,.__( __ __,
C. Substitutions: Refer to Substitutions Section fur procedures and submission requirements
1. Pre-Contract (Bidding Period) Substitutions: Submit written requests ten (10) days prior to bid date.
2. Post-Contract (Construction Period) Substitutions: Submit written request in order to avoid storefront installation and construction delays.
3. ProciJct Literature and Drawings: Submit product literature and drawings modified to suit specific project requirements and job conditions.
4. Certificates: Submit certilicate(s) certifying substitute manufacturer (1) attesting to adherence to specification mquirements fur storefront system
performance criteria, and (2) has been engaged in the design, manufacturer and fabrication of alurrinU111 slorehDlds for a period of not less than
ten (10) years. (Company Name)
5. Test Reports: Submit test reports verifying compliance with each test requirement required by the project.
6. Samples: Provide samples of typical product sections and finish samples in manufacturer's standanl sizes .
D. Substitution Acceplance: Acceptance wiR be in written form, either as an addendum or modification, and doaanented by a formal change order signed
by the Owner and Contractor.
2.2 Materials
A. Alumimm Extrusions: Alk>y and temper recommended by aluminum storefront manufacturerforsbenglh, conosion resistance, and appfication of required
finish and not less than 0.070" (1.8 mm) wall thickness at any location fur the main frame and complying with ASTM B 221: 6063-16 alloy and temper.
EDITOR NOTE: ADD RECYCLED CONTENT SECTION F REQUIRED TI> •EET PROJECT REQUIREMENTS AND/OR GREEN BU/WING CERTIF/CATKJNS SUCH
AS LEED, LNING BUILDING CHALLENGE (I.BC), ETC. ARE REQUIRED.
• tF RE.CYCLED CONTENT REQUIRBIENTS ARE NOT SPECFIED-PRIIIE (ZERO RECYCLED CONTENT) ALIIIIUM/fl COULD BE SUPPLED.
1. Recycled Content Shan have a minimum of 50% mixed pre-and post-consumer recycled contenl.
a. Indicate recycled content; indicate percentage of pre-ronsumer and post-ronsumer recycled content per unit of product.
b. Indicate relative dollar value of recycled content product to total dollar value of product included in project.
c. Indicate k>cation recovery of recycled content
d. lncficate k>cation of manufacturing facili1y.
B. Fasteners: Aluminum, nonmagnetic stainless steel or other materials to be non-corrosive and compabble with allminum framing members, trim hardWare,
anchors, and other components.
C. Anchors, Clips, and Accessories: Aluminum, nonmagnetic stainless steel, or zinc-coated steel or iron complymg wilh ASTM B 633 for SC 3 severe
service conditions or other suitable zinc coating; provide sufficient strength to withstand design presue indicated.
D. Reinforcing Members: Aluminum, nonmagnetic stainless steel, or nickel/chrome-plated steel complying with ASTM B 456 for Type SC 3 severe service
concfltions, or zinc-coated steel or iron complying with ASlM B 633 for SC 3 severe service conditions or other suitable zinc coating; provide sufficient
strength to withstand design pressure indicated.
,(KAWNEER .., _ _,..
SPCC040EN
I • • ..,
C • .s= ii: • u .,
0
C
I;
"C a.
!
ii:
C
0 .,
I!! :::,
f
8 • r~
£~ 0
!i 0 ...
.s= a. J !'s .!:
ig ::,,;
C
:J ..
Q.
~~ ~
!~ 0
Iii lii • ..
C p I .. s "' "'~ 0
.., . • E • -..,
C • j
• 0
'8
C
I;
"C ...
5
0 .c ..
:I\C
C
.!!
~ ::, ..,
"' C
8 • ..... cc •• 0 -5 i 0 ~i N
.c ... i ~~
!g ~
•"& !. la E .L 8 •J? ~t :;; • == ~ ~g • ),:
~! 0
JANUARY, 2019 Trifab™ VG 451/451T Framing System 5
EC 97909-124 084113 ALUMINUM-FRAMED ENTRANCES AND STOREFRONTS Guide Specs
E. Sealant For sealants required within fabricated storefront system, provide pennanenlly elastic, non-shrinking, and non-migrating type recommended by
sealant manufacturer for joint size and movement.
F. Tolerances: Reference to tolerances for wall thickness and other cross-sectional dimensions of storefront members are nominal and in compliance with
M Aluminum Standards and Data.
EDU-DR NOTE: MATERIAL INGREDIENT REPORTING ONI. Y FOR ANODIZED PRODUCTS
G. Red List Free: All parts and materials comply with the Living BuikflllQ Challenge/DECLARE Red List and the Cradle-to-Cradle {C2C) Banned List
1. PVCfree
2. Neoprene free
OR
H. Red List Free: Product does not contain PVC or Neoprene.
2.3 Storefront Framing System
A. Thermal Banier{Trifab 111 VG 451T):
1. Kawneer lsolock111 Thermal Break with a 1/4" (6.4 mm) separation consisting of a two-part chemically curing, high-density polyurethane, which is
rnechanicaly and adhesively joined to aluminum storefront sections.
a. Thermal Break shaU be designed in accordance with AAMA TIR-A8 and tested in acoonlance with AAMA 505.
B. Brackets and Reinforcements: Manufacturer's standard high-strength aluminum with nonstaining, nonferrous shims for aligning system components.
C. Fasteners and Aa:essories: Manufacturer's standard corrosion-resistant, nonstaining, nonbleeding fasteners and accessories compabble with acf.iacent
materials. Where exposes shaU be stainless steel.
D. Perimeter Anchors: When steel anchors are used, provide insulation between steel material and aluminum material to prevent galvanic action
E. Packing, Shipping, Handling and Unloading: Deliver materials in manufacturer's original, unopened, undamaged containers with identification labels
intact.
F. Storage and Protection: Store materials protected from exposure to hannful weather concfdions. Handle storefront material and components to avoid
damage. Protect storefront material against damage from elements, construction activities, and other hazards before, during and after storefront
instaHation.
2A Glazing Systems
2.5
A. Glazing: As specified in Division 08 Section "Glazing".
B. Glazing Gaskets: Manufacturer's standard compression types; replaceable, extruded EPDM rubber •
C. Spacers and Setting Blocks: Manufacturer's standard elastomeric type .
D. Bond-Breaker Tape: Manufacturer's standard TFE.fk.lorocarbon or polyethylene material to which sealants will not develop adhesion •
E. Glazing Sealants: For slructural-sealant-glazed systems, as recommended by manufacturer for joint type, and as follows:
1. Structural Sealant: ASTM C 1184, single-component neubak:uring silicone formulation that is compatible with system coq>onents with which it
comes in contact, specifically fonnulated and tested for use as structural sealant and approved by a structural-sealant manufacturer for use in
alurrinum-framed systems indicated.
a. Color: Black
2. Weatherseal Sealant ASTM C 920 for Type S, Grade NS, Class 25, Uses NT, G, A, and O; single-component neutral-curing formulation that is
compabllle with structural sealant and other system components with which it comes in contact; recommended by structural-sealrt, weatherseal-
sealant, and aluminum-framed-system manufacturers for this use.
a. Color: Matching structural sealant .
Entrance Door Systems
A. Entrance Doors: As specified in Division 084113 Section "Alurrinum-Framed Entrances and Storefronts".
B. Entrance Door Hardware: As specified in Division 084113 Section "Door Hardware".
SPCC040EN
r{KAWNEER -~-
6 Trifab™ VG 451/451T Framing System JANUARY, 2019
Gu~Specs 084113 ALUMINUM-FRAMED ENTRANCES AND STOREFRONTS EC 97909-124
2.6 Accessory Materials
A. Versoleil™ SunShade: An aluminum sunshade (consisting of outriggers, louvers, and fascia which may be selected from standard configurations), that
is anchored directly to the vertical mullions. Anchors shall be painted (Select from Kawneer's standard paints and colors. Custom colors are available
upon request). Louvers and fascia shall be painted or anodized (Select from Kawneer's standard paints and colors, custom colors are available upon
request or Kawneer's anodized finishes).
B. lnlighten ™ Light Shelf: aluminum light shelf system consisting of anchor channels, support beams, fascia trims and Aluminum Composite Material (ACM)
panels that is anchored directly to the intermediate horizontal members.
1. Light Shelf: Interior mounted shelf to reflect daylight deeper into interior space.
2. Light Shelf System to consist ot
a. Aluminum Composite Material (ACM) panel, 4mm thick.
b. Translucent polycarbonate panel, 4mm/16mm thick.
c. ACM finish on upper and lower surface shall be selected from Kawneer standard finishes.
d. Extruded aluminum outriggers and fascia.
e. Extruded aluminum anchor designed to secure to compatible verticals of framing system. Anchor shall be designed to engage shelf so as to
allow the shelf to rotate down and hang on its own safely for cleaning.
f. Extruded aluminum shear blocks designed to hinge on the anchors to allow rotating individual shelves for cleaning.
g. Panel /Shelf projection shall not exceed 30" (762mm).
h. Mullion spacing of framing system shall not exceed 6' (1.83 m) on center.
i. Panel /Shelf deflection shall not exceed U120 of horizontal span length.
3. Framing System to Support Light Shelf shall be: (select appropriate framing system)
a. Curtain Wall framing system.
b. Storefront framing system.
4. Submittals.
a. Manufacturer's Installation Instructions.
b. Samples for Verification.
1) Factory applied finish as selected by architect.
2) Functioning Light Shelf sample demonstrating operation.
c. Shop Drawings including:
1) Plans, elevations, sections, fabrication and installation details.
2) Validation from manufacturer of single-source for light shelf and framing system and compatibility between the system.
C. Joint Sealants: For installation at perimeter of aluminum-framed systems, as specified in Division 07 Section "Joint Sealants•.
D. Bituminous Paint Cold-applied, asphalt-mastic paint complying with SSPC-Paint 12 requirements except containing no asbestos; fonnulated for 30 mil
(0.762 mm) thickness per coat.
2.7 Fabrication
A Framing Members, General: Fabricate components tha~ when assembled, have the following characteristics:
1. Profiles that are sharp, straight, and free of defects or deformations.
2. Accurately fit joints; make joints flush, hairline and weatherproof.
3. Means to drain water passing joints, condensation within framing members, and moisture migrating within the system to exterior.
4. Physical and thennal isolation of glazing from framing members.
5. Accommodations for thennal and mechanical movements of glazing and framing to maintain required glazing edge clearances.
6. Provisions for field replacement of glazing.
7. Fasteners, anchors, and connection devices that are concealed from view to greatest extent possible.
B. Mechanically Glazed Framing Members: Fabricate for fklsh glazing without projecting stops.
C. Structural-Sealant-Glazed Framing Members: Include accommodations for using temporary support device to retain glazing in place while structural
sealant cures.
D. Storefront Framing: Fabricate components for assembly using manufacturer's standard installation instructions.
E. After fabrication, clearly mark components to identify their locations in Project according to Shop Drawings.
2.8 Aluminum Finishes
A. Finish designations prefixed by M comply with the system established by the Aluminum Association for designating aluminum finishes.
B. Factory Finishing:
1. Kawneer Permanodic ™ M-M10C21M4 / M-M45C22A44, MMA 611, Architectural Class I Color Anodic Coating (Color ___ _,
2. Kawneer Pennanodic ™ M-M10C21M 1 / M-M45C22M 1, MMA 611, Architectural Class I Clear Anodic Coating (Color #14 Clear) (OptionaQ.
3. Kawneer Pennanodic ™ M-M1 OC21A31, MMA 611, Architectural Class II Clear Anodic Coating (Color #17 Clear) (Standard).
4. Kawneer Pennafluor™ (70% PVDF), MMA 2605, Fluoropolymer Coating (Color ___ _,
5. Kawneer Pennadize ™ (50% PVDF), MMA 2604, Fluoropolymer Coating {Color ___ _,
6. Kawneer Pennacoat™ MMA 2604, Powder Coating (Color ___ _,
7. Other: Manufacturer ____ Type ____ Color ___ _
,(KAWNEER .., _ _...,
SPCC040EN kawneer.com
JANUARY, 2019 Trifab ™ VG 451 /451 T Framing System 7
EC 97909-124 084113 ALUMINUM-FRAMED ENTRANCES AND STOREFRONTS Gulde Specs
PART 3 -EXECUTION
3.1 Examination
A. Examine openings, substrates, structural support, anchorage, and conditions, with Installer present, for compliance with requirements for installation
tolerances and other conditions affecting performance of work . Verify rough opening dimensions, levelness of sill plate and operational clearances.
Examine wall flashings, vapor retarders, water and weather barriers, and other built-in components to ensure a coordinated, weather light framed
aluminum storefront system installation.
1. Masonry Surfaces: Visibly dry and free of excess mortar, sand, and other construction debris.
2. Wood Frame Walls: Dry, dean, sound, well nailed, free of voids, and without offsets at joints. Ensure that nail heads are driven fklsh with surfaces
in opening and within 3 inches (76 mm) of opening.
3. Metal Surfaces: Dry; clean; free of grease, oil, dirt, rust, corrosion, and welding slag; without sharp edges or offsets at joints .
4. Proceed with installation only after unsatisfactory concfdions have been corrected.
3.2 Installation
A. Comply with Drawings, Shop Drawings, and manufacturer's written instructions for installing aluminum-framed storefront system, accessories, and other
components.
B. Install aluminum-framed storefront system level, plumb, square, true to line, without distortion or impeding thermal movement, anchored securely in place
to structural support, and in proper relation to wall flashing and other adjacent construction .
C. Set sill members in bed of sealant or with gaskets, as indicated, for weather tight construction.
D. Install aluminum.framed storefront system and components to drain condensation, water penetrating joints, and moisture migrating within aluminum-
framed storefront to the exterior.
E. Separate aluminum and other corrodible surfaces from sources of corrosion or electrolytic action at points of contact with other materials.
3.3 F'iekl Quality Control
A. Field Tests: Architect shaD select storefront units to be tested as soon as a representative portion of the project has been instaRed, glazed, perimeter
caulked and cured. Conduct tests for air infiltration and water penetration with manufacturer's representative present. Tests not meeting specified
performance requirements and units having deficiencies shall be corrected as part of the contract amount.
1. Testing: Testing shall be performed by a qualified independent testing agency. Refer to Testing Section for payment of testing and testing
requirements. Testing Standard per AAMA 503, including reference to ASTM E 783 for Air Infiltration Test and ASTM E 1105 Water Infiltration Test.
a. Air Infiltration Tests: Conduct tests in accordance with ASTM E 783. Allowable air infiltration shall not exceed 1.5 limes the amount indicated
in the performance requirements or 0.09 cfm/ft2, whichever is greater.
b. Water Infiltration Tests: Conduct tests in accordance with ASTM E 1105. No uncontrolled water leakage is permitted when tested at a static
test pressure of two-thirds the specified water penetration pressure but not less than 6.2 psf (300 Pa).
B. Manufacturer's Field Services: Upon Owner's written request, provide periodic site visit by manufacturer's field service representative.
3A Adjusting, Cleaning, and Protection
A. Clean aluminum surfaces immediately after installing aluminum-framed storefronts. Avoid damaging protective coatings and finishes. Remove excess
sealants, glazing materials, dirt, and other substances.
B. Clean glass immediately after installation. Comply with glass manufacturer's written recommendations for final cleaning and maintenance. Remove
nonpermanent labels, and clean surfaces.
C. Remove and replace glass that has been broken, chipped, cracked, abraded, or damaged during construction period.
DISCLAIMER STATEMENT
This guide specification is intended to be used by a qualified construction specifier. The guide specification is not intended to be verbatim as project specification
without appropriate modifications for the specific use intended. The guide specification must be used and coordinated with the procedures of each design firm,
and the particular requirements of a specific construction project.
END OF SECTION 084113
k.awneer.c:om SPCC040EN
r(KAWNEER ,.,~,_
ATTACHMENT C -GENERAL CONDffiONS
ATTACHMENT 7-1 (1)
City of Pasco
Community Development Block Grant Program
GENERAL CONDITIONS
Section Subject
Contract and Contract Documents
DefinitiQns
Contents
Section Subject
37. Stated Allowances
38. Use of Premises and Removal of Debris
1.
2.
3.
4.
5.
6.
7.
8.
9.
Additional Instructions and Detail Drawings
Shop or Setting Drawings
39. Quantities of Estimate
40. Lands and Right-of-Way
Materials, Services and Facilities
Contractor's Title of Materials
Inspection and Testing of Materials
"Or Equal" Clause
Patents
10. Surveys, Permits and Regulations
11. Contractor's Obligations
12. Weather Conditions
13. Protection of Work and Property--
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
Emergency
Inspection
Access to Records
Reports, Records and Data
Superintendence by Contractor
Changes in Work
Extras
Time for Completion and Liquidated
Damages
Correction of Work
Subsurface Conditions Found Different
Claims for Extra Costs
Right of Owner to Terminate Contract
Construction Schedule and Periodic
Estimates
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
41. General Guaranty
42. Conflicting Conditions
43. Notice and Service Thereof
44. Required Provisions Deemed Inserted
45. Protection of Lives and Health
46. Subcontracts
47. Interest of Member of Congress
48. Other Prohibited Interests
49. Use Prior to Owner's Acceptance
50. Photographs of the Project
51. Suspension of Work
Note: Items 52 -66 are omitted.
67. Ineligible Subcontractors
68. Provisions to be Included
69. Breach of Labor Standards
70. Employment Practices
71. Contract Termination; Debarment
72. Federal Labor Standards Provisions
(Follows Paragraph 84)
73. Compliance with State Wage
Requirements
74. Title VI of the Civil Rights Act
75. Section 109 of Housing &
Community Development Act of
1974
76. Age Discrimination Act of 1975
77. Section 504 of Rehabilitation Act
78. Section 3 of Housing & Community
Development Act of 1968
79. EO 11246 Equal Opportunity Clause
80. EO 11246 Segregated Facilities
81. EO 11246 Notice, Requirement for
Affirmative Action
82. EO 11246, Standard Federal Equal
Employment Opportunity
83. State Nondiscrimination Clause
84. Americans with Disabilities Act of
1990
ATTACHMENT 7-1 (2)
Index of Contents
Subject Section Subject Section
Age Discrimination Act of 1975 .................... 76 Guaranty, General .......................................... 41
Access to Records .......................................... 15 Ineligible Subcontractors ............................... 67
Accident Prevention ....................................... 45 Inspection ....................................................... 14
Additional or Substitute Bond ....................... 31 Inspection of Materials ..................................... 7
Additional Instructions .................................... 3 Insurance ........................................................ 29
Affirmation Action Requirements ................. 81 Labor Standards, Breach of ........................... 69
Allowances ..................................................... 36 Lands and Rights-of-Way ............................. .40
Americans with Disabilities Act of 1990 ....... 84 Legal Provisions, Implied .............................. 44
Architect's Authority ..................................... 36 Liquidated Damages ....................................... 20
Assignments ................................................... 32 Lower Income Resident Employment ............ 83
Bond, Security ................................................ 30 Materials, Services and Facilities .................... .5
Bond, Additional or Substitute ...................... 31 Member of Congress Interest ........................ .47
Breach in Labor Standards ............................. 69 Non-discrimination in Employment ........ 75-77, 83
Changes in Work. ........................................... 18 Notice and Service Thereof ........................... .43
Claims for Extra Cost.. ................................... 23 Obligations of Contractor ............................... 11
Completion Time ........................................... 20 "Or Equal" Clause ............................................ 8
Condition, Subsurface .................................... 22 Owner's Right to Terminate .......................... 24
Conflicting Conditions ................................... 42 Patents .............................................................. 9
Construction Schedule ................................... 25 Payments by Contractor ................................. 28
Contract Documents ......................................... 1 Payments to Contractor .................................. 26
Contract Security ........................................... 30 Periodic Estimates .......................................... 25
Contract Termination .......... ; .......................... 71 Permits, Surveys and Regulations .................. 10
Contractor's Insurance ................................... 29 Photographs of the Projects ............................ 50
Contractor's Mutual Responsibility ............... 33 Prohibited Interests ........................................ .48
Contractor's Obligations ................................ 11 Protection of Lives and Health ...................... .45
Contractor's Title to Materials ......................... 6 Protection of Work and Property ................... 13
Correction ofWork ........................................ 21 Provisions Required by Law .......................... 44
Damages, Liquidated ..................................... 20 Provisions to be Included in Subcontracts ..... 68
Data, Reports and Records ............................. 16 Quantities of Estimate ................................... .39
Debarment ...................................................... 71 Rehabilitation Act, Section 504 ..................... 77
Debris Removal ............................................. 38 Release of Contractor ..................................... 27
Definitions ........................................................ 2 Removal of Debris ........................................ .38
Detail Drawings ............................................... 3 Reports, Records and Data ............................. 16
Different Subsurface ...................................... 22 Responsibility of Contractor ......................... .33
Discrimination, Employment ............... 75-77,82 Right of Owner to Terminate ......................... 24
Drawings, Detail .............................................. 3 Rights-of-Way ................................................ 40
Emergencies ................................................... 13 Schedule of Construction ............................... 25
Employment of Lower Income Residents ...... 76 Section 3 ofHCD Act of 1968 ....................... 78
Employment Practices ................................... 70 Section 109 ofHCD Act of 1974 ................... 75
Equal Employment Opportunities ........... 75-77, 82 Section 504 of Rehabilitation Act .................. 77
Equal Opportunity Clause, EO 11246 ........... 79 Security, Contract ........................................... 30
Estimated Quantities ..................................... .39 Segregated Facilities, EO 11246 .................... 80
Extras ............................................................. 19 Separate Contracts .......................................... 34
Federal Labor Standards Provisions .............. 72 Services, Materials and Facilities ..................... 5
Final Payment Acceptance ............................. 27 Shop Drawings ................................................. 4
ATTACHMENT 7-1 (3)
Subject Section Subject
State Nondiscrimination Clause ..................... 83 Termination of Contract ............ .
State Prevailing Wages, Compliance with ..... 73 Testing of Materials .................. .
Stated Allowances .......................................... 37 Time for Completion ................ .
Subcontracting ................ ........... ...... Title VI Civil Rights Act ............... .
Subcontractors, Ineligible ................ Title VI Nondiscrimination
Clause ............................................ .
Subcontractor's Insurance................ Title to Materials, Contractors ....... .
Substitute Bond ................................ Use and Occupancy ....................... .
Subsurface Conditions ..................... Use of Premises ............................. .
Superintendence by Contractor ........ Use Prior to Owner's Acceptance .. .
Surveys, Permits and Regulations .... Weather Conditions ....................... .
Suspension of Work ........................ .
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
ATTACHMENT 7-1 (5)
corrected copies. If requested by the Architect/Engineer the Contractor must furnish additional
copies.
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 h<;>lidays,
shall be ~ormed without additional ex~e 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.
ATTACHMENT 7-1 (6)
(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.
( 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.
ATTACHMENT 7-1 (7)
13. Protection of Work and Property-Emergency
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 oflife, 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
ArchitectlEngineer 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 CONDIDONS 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 froill 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 -1-1 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 fwnish 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.
(R.etainageprocedures as specified in Title 60 Revised Code ofWashington (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 ful:611ment of all the terms of the contract.
(d) Owner's Right to Withhold Certain Amounts and make Application Thereof: The Contractor
agrees that he will indemnify and save the Owner harmless from all claims growing out of the
lawful demands of subcontractors, laborers, workmen, mechanics, materialmen, and furnishers
of machinery and parts thereof, equipment, power tools, and all supplies, including commissary
incurred in the :furtherance of the performance of this contract. The Contractor shall, at the
Owner's request, furnish satisfactory evidence that all obligations of the nature hereinabove
designated have been paid, discharged or waived. If the Contractor fails to do so, then the
Owner may, after having served written notice on the said Contractor, either pay unpaid bills, of
which the Owner has written notice, direct, or withhold from the Contractor's unpaid
compensation a sum of money deemed reasonably sufficient to pay_any and all such lawful
claims until satisfactory evidence is furnished that all liabilities have been fully discharged
whereupon payment to the Contractor shall be resumed, in accordance with the terms of this
contract, but in no event shall the provisions of this sentence be construed to impose any
obligations upon the Owner to either the Contractor of his Surety. In paying any unpaid bills of
the Contractor, the Owner shall be deemed the agent of the Contractor, and any payment so made
by the Owner shall be considered as a payment made under the contract by the Owner to the
Contractor and the Owner shall not be liable to the Contractor for any such payments made in
good faith.
27. Acceptance of Final Payment Constitutes Release
The acceptance by the Contractor of final payment shall be and shall operate as a release to the
Owner of all claims and all liability to the Contractor for all things done or furnished in connection
with this work and for every act and neglect of the Owner and others relating to or arising out of this
work. No payment, however, final or otherwise, shall operate to release the Contractor or his
sureties from any obligations under this contract or the Performance and Payment Bond.
28. Payments by Contractor
The Contractor shall pay (a) for all transportation and utility services not later than the 20th 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 20th 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 30th day
following the completion of that part of the work in or on which such materials, tools and equipment
are incorporated or used, and ( c) to each of his subcontractors, not later than the 5th day following
each payment to the Contractor, the respective amounts allowed the Contractor on account of the
work performed by his subcontractors to the extent of each subcontractor's interest therein.
29. Insurance
The Contractor shall not commence work under this contract until he has obtained all the insurance
required under this paragraph and such insurance has been approved by the Owner, nor shall the
Contractor allow any subcontractor to commence work on his subcontract until the insurance
required of the subcontractor has been so obtained and approved.
(a) Compensation Insurance: The Contractor shall procure and shall maintain during the life of this
contract Workmen's Compensation Insurance as required by applicable State or territorial law
for all of his employees to be engaged in work at the site of the project under this contract and, in
case of any such work sublet, the Contractor shall require the subcontractor similarly to provide
Workmen's Compensation Insurance. In case any class of employees engaged in hazardous
work on the project under this contract is not protected under the Workmen's Compensation
Statute, the Contractor shall provide and shall cause each subcontractor to provide adequate
employer's liability insurance for the protection of such of his employees as are not otherwise
protected.
(b) Contractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance:
The Contractor shall procure and shall maintain during the life of this contract Contractor's
Public Liability Insurance, Contractor's Property Damage Insurance and Vehicle Liability
Insurance.
(c) Subcontractor's Public Liability and Propertv 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 ariy 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 furnish 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 prescnbed 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 oflack 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.
3 5. Subcontracting
(a) The Contractor may utilize the services of specialty subcontractors on those parts of the work
which, under normal contracting practices, are performed by specialty subcontractors.
(b) The Contractor shall not award any work to any subcontractor without prior written approval of
the Owner, which approval will not be given until the Contractor submits to the Owner a written
statement concerning the proposed award to the subcontractor, which statement shall contain
such information as the Owner may require.
( c) The Contractor shall be as fully responsible to the Owner for the acts and omissions of his
subcontractors, and of persons either directly or indirectly employed by them, as he is for the
acts and omissions of persons directly employed by him.
( d) The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the
work to bind subcontractors to the documents insofar as applicable to the work of subcontractors
and to give the Contractor the same power as regards terminating any subcontract that the Owner
may exercise over the Contractor under any provision of the contract documents.
(e) Nothing contained in this contract shall create any contractual relation between any
subcontractor and the Owner.
36. Architect/Engineer's Authority
The Architect/Engineer shall give all orders and directions contemplated under this contract and
specifications, relative to the execution of the work. The Architect/Engineer shall determine the
amount, quality, acceptability and fitness of the several kinds of work and materials which are to be
paid for under this contract and shall decide all questions which may arise in relation to said work
and the construction thereof. The Architect/Engineer's estimates and decisions shall be final and
conclusive, except as herein otherwise expressly provided. In case any questions shall arise between
the parties hereto relative to said contract or specifications, the determination or decision of the
Architect/Engineer shall be a condition precedent to the right of the Contractor to receive any money
or payment for work under this contract affected in any matter or to any extent by such question.
ATTACHMENT 7-1 (15)
The Architect/Engineer shall decide the meaning and intent of any portion of the specifications and
of any plans or drawings where the same may be found obscure or be in dispute. Any differences or
conflicts in regard to their work which may arise between the Contractor under this contract and
other Contractors performing work for the Owner shall be adjusted and determined by the
Architect/Engineer.
3 7 . Stated Allowances
The Contractor shall include in bis 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 bis own expense:
(a) To take every precaution against injuries to persons or damage to property;
(b) To store bis 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 bis 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 bis 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 bis
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 ID 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 oflaw 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 descnoed 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 maybe
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 autporized 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 4010) (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. 170lu. 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 organiz.ation 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 th~t 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.
A 1T ACHMENT 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
Minority
participation
for each trade
5.4%
Goals for female
participation in
each trade
6.9%
These goals are applicable to all the Contractor's construction work (whether or not it is federal
or federally assisted) performed in the covered area.
The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4
shall be based on its implementation of the Equal Opportwrity 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 CPR 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 Opportwrity Construction Contract
Specifications.
(a) As used in these specifications:
(I) "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:
(I) Ensure and maintain a working environment free of harassment, intimidation and
coercion at all sites, and in all facilities at which the Contractor's employees are assigned
to work. The Contractor, where possible, will assign two or more women to each
construction project. The Contractor shall specifically ensure that all foremen,
superintendents and other on-site supervisory personnel are aware of and carry out the
Contractor's obligation to maintain such a working environment, with specific attention
to minority or female individuals working at such site or in such facilities;
(2) Establish and maintain a current list of minority and female recruitment sources, provide
written notification to minority and female recruitment sources, and to community
organizations when the Contractor or its unions have employment opportunities
available, and maintain a record of the organizations' responses;
(3) Maintain a current file of the names, addresses and telephone numbers of each minority
or female referral from a union, a recruitment source or community organization and of
what action was taken with respect to each such individual. If such individual was sent
to the union hiring hall for referral and was not referred back to the Contractor, this shall
be documented in the file with the reason therefore, along with whatever additional
actions the Contractor may have taken;
( 4) Provide immediate written notification to the Director when the union or unions with
which the Contractor has a collective bargaining agreement has not referred to the
Contractor a minority person or woman sent by the Contractor, or when the Contractor
has other information that the union referral process has impeded the Contractor's efforts
to meet its obligations;
(5) Develop on-the-job training opportunities and/or participate in training programs for the
area which expressly include minorities and women, including upgrading programs and
apprenticeship and trainee programs relevant to the Contractor's employment needs,
especially those programs funded or approved by the Department of Labor. The
Contractor shall provide notice of these programs to the sources complied under 7b
above;
ATTACHMENT 7-1 (25)
( 6) Disseminate the Contractor's EEO Policy by providing notice of the policy to unions and
training programs and requesting their cooperation in assisting the Contractor in meeting
its EEO obligations; by including it in any policy manual and collective bargaining
agreement; by publicizing it in the company newspaper, annual report, etc.; by specific
review of the policy with all management personnel and with all minority and female
employees at least once a year; and by posting the company EEO policy on bulletin
boards accessible to all employees at each location where construction work is
performed;
(7) Review, at least annually, the company's EEO policy and affirmative action obligations
under these specifications with all employees having any responsibility for hiring,
assignment, layoff, termination or other employment decisions, including specific review
of these items with on-site supervisory personnel such as Superintendents, General
Foremen, etc., prior to the initiation of construction work at any job site. A written
record shall be made and maintained identifying the time and place of these meetings,
persons attending, subject matter discussed and disposition of the subject matter;
(8) Disseminate the Contractor's EEO policy externally by including it in any advertising in
the news media, specifically including minority and female news media, and providing
written notification to and discussing the Contractor's EEO policy with other contractors
and subcontractors with whom the Contractor does or anticipates doing business;
(9) Direct its recruitment efforts, both oral and written, to minority, female and community
organizations, to schools with minority and female students, and to minority and female
recruitment and training organizations serving the Contractor's recruitment area and
employment needs. Not later than one month prior to the date for the acceptance of
applications for apprenticeship or other training by any recruitment source, the
Contractor shall send written notification to organizations such as the above, describing
the openings, screening procedures and tests to be used in the selection process;
(10) Encourage present minority and female employees to recruit other minority persons and
women and, where reasonable, provide after school, summer and vacation employment
to minority and female youth both on the site and in other areas of a Contractor's work
force;
(11) Validate all tests and other selection requirements where there is an obligation to do so
under 41 CFR Part 60-3;
(12) Conduct, at least annually, an inventory and evaluation at least of all minority and female
personnel for promotional opportunities and encourage these employees to seek or to
prepare for, through appropriate training, etc., such opportunities;
(13) Ensure that seniority practices, job classifications, work assignments and other personnel
practices, do not have a discriminatory effect by continually monitoring all personnel and
employment related activities to ensure that the EEO policy and the Contractor's
obligations under these specifications are being carried out;
ATTACHMENT 7-1 (26}
(14) Ensure that all facilities and company activities are non-segregated except that separate
or single-user toilet and necessary changing facilities shall be provided to assure privacy
between the sexes;
(15) Document and maintain a record of all solicitations of offers for subcontracts from
minority and female construction contractors and suppliers, including circulation of
solicitations to minority and female contractor associations and other business
obligations; and
(16) Conduct a review, at least annually, of all supervisors' adherence to and performance
under the Contractor's EEO policies and affirmative action obligations.
(h) Contractors are encouraged to participate in voluntary associations, which assist in fulfilling
one or more of their affirmative action obligations (7a through 7p). The efforts of a
contractor association, joint contractor-union, contractor-community, or other similar groups
of which the Contractor is a member and participant, may be asserted as fulfilling any one or
more of its obligations under 7a through 7p of these specifications provided that the
Contractor actively participates in the group, makes every effort to assure that the group has a
positive impact on the employment of minorities and women in the industry, ensures that the
concrete benefits of the program are reflected in the Contractor's minority and female work
force participation, makes a good faith effort to meet its individual goals and timetables, and
can provide access to documentation which demonstrates the effectiveness of actions taken
on behalf of the Contractor. The obligation shall not be a defense for the Contractor's
noncompliance.
(i) A single goal for minorities and a separate single goal for women have been established. The
Contractor, however, is required to provide equal employment opportunities and to take
affirmative action for all minority groups, both male and female, and all women, both
minority and non-minority. Consequently, the Contractor may be in violation of the
Executive Order if a particular group is employed in a substantially disparate manner (for
example, even though the Contractor has achieved its goals for women generally, the
Contractor may be in violation of the Executive Order if a specific minority of women is
under utilized).
(j) The Contractor shall not use the goals and timetables or affirmative action standards to
discriminate against any person because of race, color, religion, sex or national origin.
(k) The Contractor shall not enter into any subcontract with any person or firm debarred from
government contracts pursuant to Executive Order 11246.
(1) The Contractor shall carry out such sanctions and penalties for violation of these
specifications and of the Equal Opportunity Clause, including suspension, termination and
cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive
Order ·11246, as amended, and its implementing regulations, by the Office of Federal
Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and
penalties shall be in violation of these specifications and Executive Order 11246, as
amended.
ATTACHMENT 7-1 (27)
(m) The Contractor, in fulfilling its obligations under these specifications, shall implement
specific affirmative action steps, at least as extensive as those standards prescribed in
paragraph 7 of these specifications, so as to achieve maximmn 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 nmnbers,
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 oflocal or other area residents (e.g., those under the Public Works Employment
Act of 1977 and the Community Development Block Grant Program).
83. State Nondiscrimination Clause
The Contractor shall comply with the provisions of Chapter 49.60 RCW, the state law regarding
discrimination, in all activities relating to this project.
84. Americans with Disabilities Act of 1990
Subject to the provisions of this title, no qualified individual with a disability shall, by reason of such
disability, be excluded from participation in or be denied the benefits of the services, programs or
activities of a public entity, or be subjected to discrimination by any such entity.
Federal Labor Standards Provisions
Applicability
The Project or Program to which the construction work
covered by this contract pertains is being assisted by the
United States of America and the following Federal Labor
Standards Provisions are included in this Contract
pursuant to the provisions applicable to such Federal
assistance.
A. 1. (i) Minimum Wages. All laborers and mechanics
employed or working upon the site of the work, will be paid
unconditionally and not less often than once a week, and
without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR Part 3), the full amount of wages
and bona fide fringe benefits (or cash equivalents thereof)
due at time of payment computed at rates not less than
those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a
part hereof, regardless of any contractual relationship
which may be alleged to exist between the contractor and
such laborers and mechanics . Contributions made or
costs reasonably anticipated for bona fide fringe benefits
under Section l(b)(2) of the Davis-Bacon Act on behalf of
laborers or mechanics are considered wages paid to such
laborers or mechanics, subject to the provisions of 29 CFR
5.5(a)(1 )(iv); also, regular contributions made or costs
incurred for more than a weekly period (but not less often
than quarterly) under plans, funds, or programs, which
cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination
for the classification of work actually performed, without
regard to skill, except as provided in 29 CFR 5.5(a)(4).
Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for
each classification for the time actually worked therein:
Provided, That the employer's payroll records accurately
set forth the time spent in each classification in which
work is performed. The wage determination (including any
additional classification and wage rates conformed under
29 CFR 5.5(a)(1 )(ii) and the Davis-Bacon poster (WH-
1321) shall be posted at all times by the contractor and its
subcontractors at the site of the work in a prominent and
accessible, place where it can be easily seen by the
workers.
(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 determination. HUD shall
approve an additional classification and wage rate and
fringe benefits therefor only when the following criteria
have been met:
U.S. Department of Housing
and Urban Development
Office of Labor Relations
(1) The work to be performed by the classification
requested is not performed by a classification in the wage
determination; and
(2) The classification is utilized in the area by the
construction industry; and
(3) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(b) If the contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and HUD or its designee agree on the
classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report
of the action taken shall be sent by HUD or its designee to
the Administrator of the Wage and Hour Division,
Employment Standards Administration, U.S . Department of
Labor, Washington, D.C. 20210. The Administrator, or an
authorized representative, will approve, modify, or
disapprove every additional classification action within 30
days of receipt and so advise HUD or its designee or will
notify HUD or its designee within the 30-day period that
additional time is necessary. (Approved by the Office of
Management and Budget under 0MB control number 1215-
0140 .)
(c) In the event the contractor, the laborers or mechanics
to be employed in the classification or their
representatives, and HUD or its designee do not agree on
the proposed classification and wage rate (including the
amount designated for fringe benefits, where appropriate),
HUD or its designee shall refer the questions, including
the views of all interested parties and the recommendation
of HUD or its designee, to the Administrator for
determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of
receipt and so advise HUD or its designee or will notify
HUD or its designee within the 30-day period that
additional time is necessary. (Approved by the Office of
Management and Budget under 0MB Control Number
1215-0140.)
(d) The wage rate (including fringe benefits where
appropriate) determined pursuant to subparagraphs
(1)(ii)(b) or (c) of this paragraph, shall be paid to all
workers performing work in the classification under this
contract from the first day on which work is performed in
the classification.
(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 another bona fide fringe
benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee
or other third person, the contractor may consider as part
Pre'vious editions are obsolete Page 1 of5
form HUD-4010 (06/2009)
ref. Handbook 1344.1
of the wages of any laborer or mechanic the amount of any
costs reasonably 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 standards of the Davis-
Bacon Act have been met. The Secretary of Labor may
require the contractor to set aside in a separate account
assets for the meeting of obligations under the plan or
program . (Approved by the Office of Management and
Budget under 0MB 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 Department of Labor withhold or
cause to be withheld from the contractor 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 payments or advances as may be considered
necessary to pay laborers and mechanics, including
apprentices, trainees and helpers, 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 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. (i) 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 thereafter for all laborers and
mechanics working at the site of the work . Such records
shall contain the name, address, and social security
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 l(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 Section l(b)(2)(B) of the Davis-
Bacon Act, the contractor shall maintain records which
show that the commitment to provide such benefits is
enforceable, that the plan or program is financially
responsible, and that the plan or program has been
Previous editions are obsolete
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 0MB 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
accurately and completely all of the information required
to be maintained under 29 CFR 5 .5(a)(3)(i) except that full
social security numbers and home addresses shall not be
included on weekly transmittals. Instead the payrolls shall
only need to include an individually identifying number for
each employee (e.g., the last four digits of the employee's
social security number). The required weekly payroll
information may be submitted in any form desired.
Optional Form WH-347 is available for this purpose from
the Wage and Hour Division Web site at
http://www.dol.gov/esa/whd/formslwh347instr.htm or its
successor site. The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full
social security number and current address of each
covered worker, and shall provide them upon request 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 contractor, or the Wage and Hour
Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage
requirements. It is not a violation of this subparagraph for
a prime contractor to require a subcontractor to provide
addresses and social security numbers to the prime
contractor for its own records, without weekly submission
to HUD or its designee. (Approved by the Office of
Management and Budget under 0MB Control Number
1215-0149.)
(b) Each payroll submitted shall be accompanied by a
"Statement of Compliance," signed by the contractor or
subcontractor or his or her agent who pays or supervises
the payment of the persons employed under th e contract
and shall certify the following:
(1) That the payroll for the payroll period contains the
information required to be provided under 29 CFR 5.5
(a)(3)(ii), the appropriate information is being maintained
under 29 CFR 5.5(a)(3)(i), and that such information is
correct and complete;
Page2of5
form HUD-4010 (06/2009)
ref. Handbook 1344.1
(2) That each laborer or mechanic (including each helper,
apprentice, and trainee) employed on the contract during
the payroll period has been paid the full weekly wages
earned, without rebate, either directly or indirectly, and
that no deductions have been made either directly or
indirectly from the full wages earned, other than
permissible deductions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less
than the applicable wage rates and fringe benefits or cash
equivalents for the classification of work performed , as
specified in the applicable wage determination
incorporated into the contract .
(c) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form
WH-347 shall satisfy the requirement for submission of the
·statement of Compliance· required by subparagraph
A.3 .(ii)(b ).
(d) The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal
prosecution under Section 1001 of Title 18 and Section
231 of Title 31 of the United States Code .
(iii) The contractor or subcontractor shall make the
records required under subparagraph A.3 .(i) available for
inspection, copying, or transcription by authorized
representatives of HUD or its designee or the Department
of Labor, and shall permit such representatives to
interview employees during working hours on the job. If
the contractor or subcontractor fails to submit the required
records or to make them available, HUD or its designee
may, after written notice to the contractor, sponsor,
applicant or owner, take such action as may be necessary
to cause the suspension of any further payment, advance,
or guarantee of funds. Furthermore, failure to submit the
required records upon request or to make such records
available may be grounds for debarment action pursuant to
29 CFR 5.12.
4 . Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at
less than the predetermined rate for the work they
performed when they are employed pursuant to and
individually registered i n a bona fide apprenticeship
program registered with the U.S. Department of Labor,
Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or
with a State Apprenticeship Agency recognized by the
Office, or if a person is employed in his or her first 90
days of probationary employment as an apprentice in such
an apprenticeship program, who is not individually
registered in the program, but who has been certified by
the Office of Apprenticeship Training , Employer and Labor
Services or a 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 apprentice wage rate, who
Previous editions are obsolete
is not registered or otherwise employed as stated above,
shall be paid not less than the applicable wage rate on the
wage determination for the classification of work actually
performed. In addition, any apprentice performing work on
the job site in excess of the ratio permitted under the
registered program shall be paid not less than the
applicable wage rate on the wage determination for the
work actually performed. Where a contractor is performing
construction on a project in a locality other than that in
which its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman's hourly
rate) specified in the contractor's or subcontractor's
registered program shall be observed. Every apprentice
must be paid at not less than the rate specified in the
registered program for the apprentice's level of progress,
expressed as a percentage of the journeymen hourly rate
specified in the applicable wage determination .
Apprentices shall be paid fringe benefits in accordance
with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
classification. If the Administrator determines that a
different practice prevails for the applicable apprentice
classification, fringes shall be paid in accordance with that
determination . In the event the Office of Apprenticeship
Training, Employer and Labor Services, or a State
Apprenticeship Agency recognized by the Office,
withdraws approval of an apprenticeship program , the
contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate
for the work performed until an acceptable program is
approved.
(ii) Trainees. Except as provided in 29 CFR 5.16,
trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are
employed pursuant ·,to and individually registered in a
program which has received prior approval, evidenced by
formal certification by the U.S. Department of Labor,
Employment and Training Administration . The ratio of
trainees to journeymen on the job site shall not be greater
than permitted under the plan approved by the
Employment and Training Administration. Every trainee
must be paid at not less than the rate specified in the
approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees
shall be paid fringe benefits in accordance with the
provisions of the trainee program. If the trainee program
does not mention fringe benefits, trainees shall be paid
the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and
Hour Division determines that there is an apprenticeship
program associated with the corresponding journeyman
wage rate on the wage determination which provides for
less than full fringe benefits for apprentices. Any
employee listed on the payroll at a · trainee rate who is not
registered and participating in a training plan approved by
Page3of5
form HUD-4010 (06/2009)
ref. Handbook 1344.1
the Employment and Training Administration shall be paid
not less than the applicable wage rate on the wage
determination for the work actually performed. In addition,
any trainee performing work on the job site in excess of
the ratio permitted under the registered program shall be
paid not less than the applicable wage rate on the wage
determination for the work actually performed. In the
event the Employment and Training Administration
withdraws approval of a training program, the contractor
will no longer be permitted to utilize trainees at less than
the applicable predetermined rate for the work performed
until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under 29 CFR Part 5
shall be in conformity with the equal employment
opportunity requirements of Executive Order 11246, as
amended, and 29 CFR Part 30.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR
Part 3 which are incorporated by reference in this contract
6. Subcontracts. The contractor or subcontractor will
insert in any subcontracts the clauses contained in
subparagraphs 1 through 11 in this paragraph A and such
other clauses as HUD or its designee may by appropriate
instructions require, and a copy of the applicable
prevailing wage decision, and also a clause requiring the
subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible
for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in this
paragraph.
7. Contract termination; debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for
termination of the contract and for debarment as a
contractor and a subcontractor as provided in 29 CFR
5.12.
8. Compliance with Davis-Bacon and Related Act Requirements.
All rulings and interpretations of the Davis-Bacon and
Related Acts contained in 29 CFR Parts 1, 3, and 5 are
herein incorporated by reference in this contract
9. Disputes concerning labor standards. Disputes
arising out of the labor standards provisions of this
contract shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in
accordance with the procedures of the Department of
Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes
within the meaning of this clause include disputes between
the contractor (or any of its subcontractors) and HUD or
its designee, the U.S. Department of Labor, or the
employees or their representatives.
10. (i) Certification of Eligibility. By entering into this
contract the contractor certifies that neither it (nor he or
she) nor any person or firm who has an interest in the
contractor's firm is a person or firm ineligible to be
awarded Government contracts by virtue of Section 3(a) of
the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be
Previous editions are obsolete
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 1 01 0, Title 18, U.S.C.,
"Federal Housing Administration transactions·, provides in
part: "Whoever, for the purpose of ... influencing in any
way the action of such Administration ..... makes, utters or
publishes any statement knowing the same to be false .....
shall be fined not more than $5,000 or imprisoned not
more than two years, or both."
11. Complaints, Proceedings, or Testimony by
Employees. No laborer or mechanic to whom the wage,
salary, or other labor standards provisions of this Contract
are applicable shall be discharged or in any other manner
discriminated against by the Contractor or any
subcontractor because such employee has filed any
complaint or instituted or caused to be instituted any
proceeding or has testified or is about to testify in any
proceeding under or relating to the labor standards
applicable under this Contract to his employer.
B. Contract Work Hours and Safety Standards Act. The
provisions of this paragraph B are applicable where the amount of the
prime contract exceeds $100,000. As used in this paragraph, the
terms iaborers• and "mechanics" include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require or
involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which the
individual is employed on such work to work in excess of 40 hours in
such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic
rate of pay for all hours worked in excess of 40 hours in such
workweek.
(2) Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set
forth in subparagraph (1) of this paragraph, the contractor
and any subcontractor responsible therefor shall be liable
for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the
case of work done under contract for the District of
Columbia or a territory, to such District or· to such
territory), for liquidated damages . Such liquidated
damages shall be computed with respect to each individual
laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in
subparagraph (1) of this paragraph, in the sum of $10 for each
calendar day on which such individual was required or permitted to
work in excess of the standard workweek of 40 hours without payment
of the overtime wages required by the clause set forth in sub
paragraph (1) of this paragraph.
Page 4of5
form HUD-4010 (06/2009)
ref. Handbook 1344.1
(3) Withholding for unpaid wages and liquidated
damages. HUD or its designee shall upon its own action
or upon written request of an authorized representative of
the Department of Labor withhold or cause to be withheld,
from any moneys payable on account of work performed by
the contractor or subcontractor under any such contract or
any other Federal contract with the same prime contract,
or any other Federally-assisted contract subject to the
Contract Work Hours and Safety Standards Act which is
held by the same prime contractor such sums as may be
determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in
subparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall
insert in any subcontracts the clauses set forth in
subparagraph (1) through (4) of this paragraph and also a
clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime
contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses
set forth in subparagraphs (1) through (4) of this
paragraph.
C. Health and Safety. The provisions of this paragraph C are
applicable where the amount of the prime contract exceeds $100,000.
(1) No laborer or mechanic shall be required to work in
surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his health and
safety as determined under construction safety and health
standards promulgated by the Secretary of Labor by
regulation.
(2) The Contractor shall comply with all regulations
issued by the Secretary of Labor pursuant to Title 29 Part
1926 and failure to comply may result in imposition of
sanctions pursuant to the Contract Work Hours and Safety
Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC
3701 et seq.
(3) The contractor shall include the provisions of this
paragraph in every subcontract so that such provisions will
be binding on each subcontractor. The contractor shall
take such action with respect to any subcontractor as the
Secretary of Housing and Urban Development or the
Secretary of Labor shall direct as a means of enforcing
such provisions.
Previous editions are obsolete
Page 5of5
form HUD-4010 (06/2009)
ref. Handbook 1344.1
ATTACHMENT D -PREVAILING WAGES -ST ATE & DA VIS BACON
E P OYEE RIGHT
U DER THE DAVIS-BACON ACT
FOR LABORERS AND MECHANICS
EM PLOYED ON FEDERAL OR FEDERALLY
ASSIS TED CONSTRUCTION PROJECTS
THE UN ITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DMSION
PREVAILING
WAGES
OVERTIME
ENFORCEMENT
APPRENTICES
PROPER PAY
You must be paid not less than the wage rate listed in the Davis-Bacon
Wage Decision posted with this Notice for the work you perfonn.
You must be paid not less than one and one-half times your basic
rate of pay for all hours worked over 40 in a w o rk week. There are few
exceptions.
Contract payments can be withheld to ensure workers receive wages
and overtime pay due, and liquidated damages may apply if overtime
pay requirements are not met. Davis-Bacon contract clauses allow
contract termination and debarment of contractors from future federal
contracts for up to three years. A contractor who falsifies certified
payroll records or induces wage kickbacks may be subject to civil or
criminal prosecution, fines and/or imprisonment.
Apprentice rates apply only to apprentices proper1y registered under
approved Federal or State apprenticeship programs.
H you do not receive proper pay, or require further inf ormation on the
applicable wages, contact the Contracting Officer listed below:
Angela R. Pitman
Block Grant Administrator
P.O. Box 293 P: 509-543-5739
525 N. Third Ave. F: 509-545-3499
Pasco, WA 99:{01 pitmana@pasco-wa.gov
or contact the U.S. Department of Labor's Wage and Hour Division.
For additional information:
1-866-4-USWAGE :III HD
(1-866-487-9243} TTY: 1-877-889-5627
WWW.WAGEHO R.DOL.GOV
U.S. Department of Labor I Employment Standards Adminislration I Wage and Hour Division
Wh 1ll21(Revised April 2009)
Job Safety
and Health
It's the law!
EMPLOYEES :
You have the right to notify your employer or OSHA
about workplace hazards. You may ask OSHA to keep
your name confidential.
You have the right to request an OSHA inspection if you
believe that there are unsafe and unhealthful conditions
in your workplace.You or your representative may
participate in that inspection.
You can file a complaint with OSHA within 30 days
of retaliation or discrimination by your employer for
making safety and health complaints or for exercising
your rights under tl1e OSH Act.
You have the right to see OSHA citations issued to your
employer. Your employer must post the citations at or
near the place of the alleged violations.
Your employer must correct workplace hazards by the
date indicated on the citation and must certify that
these hazards have been reduced or eliminated.
You have the right to copies of your medical records
and records of your exposures to toxic and fl armful
substances or conditions.
Your employer must post this notice in your workplace.
You must comply with all occupational safety and health
standards issued under the OSH Act that apply to your
own actions and conduct on the job.
EMPLOYERS:
You must furnish your employees a place of employment
free from recognized hazards.
You must comply with the occupational safety and health
standards issued under the OSH Act.
This free poster available from OSHA -
The Best Resource for Safety and Heafth
frN I htr~ In ldlndfyl1111 and
---· ._.GI ~with ................ 1D employers.
~ dtlldon or .....-,Y. thnJugh
OSHMuppo,1ild--....aion
........ 1 ............
1-800-321-0SHA (6742)
---[!l~[!I ~ ~
[!I~
6/4/2019 aboutblank
State of Washington
Department of Labor & Industries
Prevailing Wage Section·-Telephone 360-902-5335
PO Box 445-40, Olympia, WA 98504-45-40
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: 05/31/2019
Count)! Trade Job Classification
•Risk_ ~ HolidayOvertime Note Class
Franklin Brick Mason Journey Level $49.04 ~ 1M ~
Franklin carpenters Carpenter $45.11 5A. 1B 8N View
Franklin Ca~ters Floor-Finisher $45.11 5A 1B 8N View
Franklin caroenters Floor-Layer-$45.11 5A 1B 8N ~
Franklin ~ Form Builder $45.11 5A .ffl 1H ~
Franklin Carpenters Scaffold Erecting & Dismantling $49.80 5A .ffl ~
Franklin ~ri~I Fixw,:~ Maintenance Journey Level $12.00 1 View
Workers
Franklin Electricians -Inside Cable Splicer $66.39 5A 1E ~
Franklin Bectricians -Inside Journey Level $64.15 5A. 1E View
Franklin Electricians -Inside Welder $68.63 5A ~ View
Franklin Bectridans -Moto[ Shot! Craftsman $15.37 .1 ~
Franklin Electricians • Motgc Shoo Joumey Level $14.69 1 View
Franklin Glazier5 Journey Level $30.59 7L. 4L ~
Franklin Painters Journey Level $34.65 6Z 1W Y--.ew
Franklin Plasterers Jcuney Level $42.88 7K 1N View
Franklin ~ Makers & Installers Journey Level $14.65 1 ~
{Bectrical}
Franklin ~ Makers & Installers (Non· Joumey Level $14.65 1 View
Bectrical}
1/1
t>/4UU1~ https://www.wdol.gov/wdol/scafiles/davisbacon/WA 1 0.dvb?v=3
General Decision Number: WA190010 05/31/2019 WA10
Superseded General Decision Number: WA20180035
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 $10.60 for calendar year 2019 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 EO, the contractor
must pay all workers in any classification listed on this wage
determination at least $10.60 per hour (or the applicable wage
rate listed on this wage determination, if it is higher) for
all hours spent perf9rming on the contract in calendar year
2019. If this contract is covered by the EO and a
classification considered necessary for performance of work on
the contract does not appear on this wage determination, the
contractor must pay workers in that classification at least the
wage rate determined through the conformance process set forth
in 29 CFR 5.5(a)(l)(ii) (or the EO minimum wage rate,if it is
higher than the conformed wage rate). 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.l(a)(2)-(60). Additional information on contractor
requirements and worker protections under the EO is available
at www.dol.gov/whd/govcontracts.
Modification Number
0
1
2
3
ASBE0082-001 08/01/2018
Publication Date
01/04/2019
03/15/2019
05/24/2019
05/31/2019
Rates
ASBESTOS WORKER/HEAT & FROST
INSULATOR ..•••..•••.••.••••••.••• $ 36. 67
BRWA0001-002 06/01/2017
Rates
BRICKLAYER •.••...•.•..•..•••••.•• $ 39.46
CARP9003-003 06/01/2018
Rates
CARPENTER (Including Cabinet
Installation, Drywall Hanging
· https://www.wdol.gov/wdol/scafiles/davisbacon/WA 1 0.dvb?v=3
Fringes
19.75
Fringes
16.15
Fringes
1/9
0/4/LUnl https://www.wdol.gov/wdol/scafiles/davisbacon/WA10.dvb?v=3
and Form Work) ..••••..••...••.••• $ 28. 71 16.40
ZONE PAY:
ZONE 1
ZONE 2
ZONE 3
ZONE 4
0-45 HILES
46-65 MILES
66-100 MILES
OVER 100 HILES
FREE
$2.00/PER HOUR
$3.00/PER HOUR
$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 Hain Post Office of established
residence of employee (Whichever is closest to the
worksite).
ELEC0112-014 06/01/2018
Rates
ELECTRICIAN •••.•••••..•.•••••..•• $ 43.50
ELEC0112-015 09/01/2017
Rates
ELECTRICIAN (Low Voltage
Wiring Only) ..••.•••.•.•.••••.•.• $ 28.45
ENGl0370-017 06/01/2018
Rates
POWER EQUIPMENT OPERATOR
GROUP 1 •••..•••••.•••••..•.• $ 27.51
GROUP 2 •..••••••.•.•.•.•.••• $ 27.83
GROUP 3 •••••••.•••••••••..•• $ 28 . 44
GROUP 4 ••••••••.•••••••••••• $ 28.60
GROUP 5 •.•.•••••.••.••••.••• $ 28.76
GROUP 6 .•••.•.•••••..•.••••• $ 29 • 04
GROUP 7 •••.•••.••••••.•••••• $ 29.31
GROUP 8 ••••••••.•••••••••••• $ 30.41
ZONE DIFFERENTIAL (Add to Zone 1 rate):
Fringes
20.54
Fringes
12.76
Fringes
15.95
15.95
15.95
15.95
15.95
15.95
15.95
15.95
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,
Washington; Lewiston, Idaho
https://www.wdol.gov/wdol/scafiles/davisbacon/WA 1 0.dvb?v=3 2/9
ti/4rLU19 https://www.wdol.gov/wdol/scafiles/davisbacon/WA 1 0.dvb?v=3
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(S 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 07/01/2018
Rates
IRONWORKER (Ornamental,
Reinforcing and Structural) •••••• $ 33.18
LAB00238-014 06/01/2018
Rates
LABORER: Mason Tender -Brick ••• $ 27.75
LAB00238-023 06/01/2018
Rates
hllps:/'-.wdOl.gov/wdol/scafiles/davisbacon/WA 10.dvb?v=3
Fringes
27.82
Fringes
12.25
Fringes
3/9
6/4/2019 https://Www_wdol..govfwdolfscafilesldavisbaconlWA10.dvb?v=3
LABORER
GROUP 1 •.•••.••.•••. -.•.•••• $ 24.74
GROUP 2 •..•.•••.•.•••••••••• $ 26.84
GROUP 3 •••••••••••••••••• -•• $ 27.11
GROUP 4 ••••••••••••••••••••• $ 27.38
12.45
12.45
12.45
12.45
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 06/81/2808
Rates
DRYWALL FINISHER/TAPER •••••.•.••• $ 22.78
PLIJ40598-015 06/01/2018
Rates
PIPEFmER .....•.. ·-··········-··$ 50.43
PLUM0598-017 06/01/2018
Rates
PLUMBER (including HVAC Pipe
Installation) •••....••••.•.••.•.• $ 50.43
ROOF0189-012 07/01/2018
ROOFER (Includes Roof Tear
Off, Waterproofing, and
Rates
Installation of Metal Roofs) .•... $ 27.48
SFWA0699-005 04/01/2017
Rates
SPRINKLER FITTER (Fire
Sprinklers) .......••..•......•.•. $ 33.20
SHEE0066-018 06/01/2017
Rates
Sheet Metal Worker (Including
HVAC Duct) .••.•..•..••••••.••••.• $ 34.75
htlps://www_wdol..gov.lwdolfscafilesdavisbaconlWA10.dvb?v=3
Fringes
8.88
Fringes
30.16
Fringes
30.16
Fringes
12.73
Fringes
15.84
Fringes
20.68
4J9
0/'t/LU l:f nttps"J/WWW.wdol.gov/wdol/scafiles/davisbacon/WA 10.dvb?v=3
* TEAM0690-008 01/01/2019
Rates
Truck drivers: (ANYONE
Fringes
WORKING ON HAZMAT JOBS SEE
FOOTNOTE A BELOW)
ZONE 1: LEWISTON ZONE
CENTER
GROUP 3 ••..••...•.....•.••• $ 28 .16
GROUP 4 ••••.••.••.•..••.••• $ 28.49
GROUP 5 ••••••••.••••.••.•.• $ 28 • 60
GROUP 6 •••••••.•••..•••.•.• $ 28. 76
GROUP 7 •••.••••.•••.•.•.••• $ 29.30
GROUP 8 ••.••.•.•••...••.••• $ 29 • 62
ZONE 1: PASCO ZONE CENTER
GROUP 3 ••..•••..•...•.••••• $ 28.16
GROUP 4 •....•••.•••.••••••• $ 28 . 49
GROUP 5 ••..•••..••••.•••••• $ 28 • 60
GROUP 6 •••.•••..••.•..••••• $ 28. 76
GROUP 7 ••..••••.•....•••••• $ 29. 30
GROUP 8 •••.•••.••••.••••••• $ 29.62
ZONE 1: SPOKANE ZONE CENTER
GROUP 3 •••••.••••••..•••••• $ 28 .16
GROUP 4 •••.•••.•..••.•••••• $ 28.49
GROUP 5 •.•.••...••...•••••• $ 28.60
GROUP 6 •••••••••••..•••.••• $ 28. 76
GROUP 7 •••.•••..••••••••.•• $ 29.30
GROUP 8 •.•..••..••..•.••••• $ 29.62
ROUP 5 •••..•.•.••.•...•.••• $ 27 .41
Zone Differential For ZONE 2: ( Zone 1 +$2.00)
BASE POINTS: Spokane, Moses Lake, Pasco, Lewiston
zone 1: 0-45 radius miles from the main post office
17.40
17.40
17.40
17.40
17.40
17.40
17.40
17.40
17.40
17.40
17.40
17.40
17.40
17.40
17.40
17.40
17.40
17.40
17.30
Zone 2: Outside a 45 mile radius from the main post office
TRUCK DRIVERS CLASSIFICATIONS
GROUP 3: Trucks, side, end, bottom and articulated end dump
(3 yards to and including 6 yds.)
GROUP 4: Trucks, side, end, bottom and articulated end dump
(over 6 yds. to & including 12 yds.)
GROUP 5: Trucks, side, end, bottom and articulated end dump
(over 12 yds. to & including 20 yds.)
GROUP 6: Trucks, side, end, bottom and articulated end dump
(over 20 yds. to & including 40 yds.)
GROUP 7: Truck, side, end, bottom and articulated end dump
(over 40 yds. to & including 100 yds.)
GROUP 8: Trucks, side, end, bottom and articulated end dump
(over 100 yds.)
FOOTNOTE A -Anyone working on a HAZMAT job, where HAZMAT
cerfification is required, shall be compensated as a
premium, in addition to the classification working in as
follows:
LEVEL C-D: -$.50 PER HOUR -This level may use an air
purifying respirator or additional protective clothing.
hUps://www.wdol.gov/wdol/scafiles/davisbaconlWA10.dvb?v=3 5/9
o, .. u.u1:, https-J/www.wdol.gov/wdoVscafiles/davisbacon/WA 1 0.dvb?v=3
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
FLOOR LAYER: Carpet .••.•..•••••• $ 19.90
INSULATOR -BATT .•.••....•••••.•• $ 13.58
LABORER: Common or General •••••• $ 14.76
LABORER: Handheld Drill ....•.•.• $ 17.17
LABORER: Irrigation .••..••.•.••. $ 11.58
LABORER: Landscape •••••••••••••• $ 11.48
LABORER: Mason Tender -
Cement/Concrete •.•••.....•.•••••• $ 9.00
METAL BUILDING ERECTOR •..•••.••.• $ 11.59
OPERATOR: Bobcat/Skid
Steer/Skid Loader ••••••.•.••••.•• $ 16.86
OPERATOR: Concrete Pumper •••.•.• $ 22.30
OPERATOR: Mechanic ••••.••••••••. $ 24.33
PAINTER: Brush Only •••.•••.••••. $ 14.50
PAINTER: Roller •••..••.•.•••.••. $ 22.62
PAINTER: Spray ...•.•.....•••••.• $ 22.47
TILE SETTER ••.•••••.•••.••••••••• $ 13.50
TRUCK DRIVER: Semi-Trailer
Truck •.••••..•••.•••••••••••••.•• $ 20. 59
Fringes
4.83
0.21
0.00
5.36
0.00
0.00
0.00
3.86
0.00
5.27
4.33
0.50
0.25
0.00
0.00
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
https:/lwww.wdol.gov/wdoVscafiles/davisbacon/WA 10.dvb?v--3 6/9
O/'t/£U 1::1 https-J/www.wdol.gov/wdoVscafiles/davisbacon/WA 10.dvb?v=3
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,
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.
https://www.wdol.gov/wdoVscafiles/davisbacon/WA 1 0.dvb?v=3 7/9
UIAtlLUI;:,' https:/twww.wdol.gov/wdoVscafiles/davisbacon/WA 10.dvb?v=3
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% 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
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.
https://www.wdol.gov/wdol/scafiles/davisbaconlWA 1 O.dvb?v=3 8/9
Vl~LVIV nnps:JIWWW.wclol.gov/wdoVscafiles/davisbacon/WA 10.dvb?v=:3
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
4.) All decisions by the Administrative Review Board are final.
========--==:===================================================
END OF GENERAL DECISION
https:J/www.wdol.gov/wdoUscafiles/davisbacon/WA 1 0.dvb?v=3 9/9
ATTACHMENT 7-P
Contractor/Subcontractor
Certification and Wage
Requirement Report
This form must be executed by each single prime general contractor, subcontractor, and lower-tier subcontractor and submitted to the City of Pasco,
Labor Standards Officer, prior to commencement of woxk.
Payments will not be issued until all contract compliance forms are fully completed and submitted to City of Pasco Community & Economic
Development.
An h e( ). th inti 1yc ane s m e onnation provi 'dedbel ow must SU Ull to 1ty o Pasco ousmg. Labor Stan be b .tted c· f H . dards Officer.
Development Name: ~ ~(.)Vt>Je-~ -Pv-ol{~
I u
Development Address: ':7\lo w. Le"-'..Jl'S Sr -p~ '\A}t\-913()1
General Contractor: yc.v{ec,-hon 6~%,~
Business Name: ~
Phone Number: <5D4) S<olP-1171
Business Address: 12?16' c.oi ~t:\ -p~~ T{r~{ I 12~G¥1 ~ WA =r'i3
Contract is with: t-J vvfU,7M> Ve. {~$,,:,a
Contract Amount: $ \'? A.-A'. 1771
Contract Award Date: k-\7-\C,
Appropriate apprenticeship documentation (ie., Apprenticeship Certificate) must accompany this form. Apprentices must be registered with the
U.S. Department of Labor, Employment and Training, or with a state apprenticeship agency recognized by the Bureau of Apprenticeship.
The name and title ofperson(s) authorized to sign certified payroll reports:
Name Title
The total number of workers estimated to work on this contract is_±__. The estimated total number of
employee work hours is~-The estimated date employees will begin work on site is ...JJzQ
'V-fA~()OfO
The Federal Labor Standards Provisions HUD Form-4010 and a copy of Wage Decision No. __ issued by
the U.S. Department of Labor was provided to me? ~ Yes D No
DB4 (12/2013)
Identify below the work classifications and applicable base wage rate payment for all individuals who will
perform work on the project site. -USE ADDITIONAL PAGE IF NEEDED
Classification
The Fringe Benefit will be:
HOURLY BENEFIT AMOUNT(S)
Base Rate of Pay
$
$
$
1::::1 paid directly to each employee in the amount of
$~per hour
D paid to a union benefit plan(s) in the amounts
identified below
D paid to a nonunion benefit plan(s) in the amounts
identified below
Holiday Vacation Health and Dental Pension Medical
Welfare
$ $ $ $ $ $
BENEFIT PROVIDER INFORMATION
Provider Name:
Address:
Telephone: ( )
Account Number:
_, ~~
{ __.,,
Signature of Owner/Princ1paJ U :fficer Date 1-7_-\°t
A COPY OF BENEFIT PLAN (S) MUST ACCOMPANY THIS FORM
D84 (12/2013)
Other Odentif
v)
$
ATTACHMENT E -CON1RACTOR COMPLIANCE FORMS
CERTIFICATIONS AND REPRESENTATIONS
(CONTRACT FUNDS GREATER THAN $25,000)
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY
MATTERS (FIRST TIER SUBCONTRACTOR)
For all orders above the limit specified in FAR Section SZ.Z0!Mi(e) (currently $30,000) and in accordance with the requirements of
FAR SZ.Z0!Mi, the Offeror must complete and sign the following:
The Offerer certifies, to the best of its knowledge and belief, that-
The Offerer and/or any of its Principals-
Are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts
by any Federal agency;
Have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them
for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public
(Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of
offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property; and
Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with,
commission of any of the offenses enumerated in subdivision (a}(l}(i){B) of this provision.
The Offeror has not, within a three-year period preceding this offer, had one or more contracts terminated for default by
any Federal agency.
"Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary
management or supervisory responsibilities within a business entity {e.g., general manager; plant manager; head of a subsidiary,
division, or business segment, and similar positions).
THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A
FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER SECTION 1001,
TITLE 18, UNITED STATES CODE.
The Offeror shall provide immediate written notice to the City if, at any time prior to subcontract award, the Offerer learns that
its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under
this solicitation. However, the certification will be considered in connection with a determination of the Offerer's responsibility. Failure
of the Offeror to furnish a certification or provide such additional information as requested by the City may render the Offeror
non responsible.
Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith,
the certification required by paragraph {a) of this provision. The knowledge and information of an Offeror
is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
The certification in paragraph {a) of this provision is a material representation of fact upon which reliance was placed when making
award. If it is later determined that the Offerer knowingly rendered an erroneous certification, in addition to other remedies
available to the City, the City may terminate the contract resulting from this solicitation for default.
SIGW\TURE, ~
c;DMPANY NAME, ~c,. s:__.:_
DATE: ___ ~_•_"2--==--·-"'--_Jo.... _______________________ _
CONTRACT COMPLIANCE NOTICES
EQUAL EMPLOYMENT OPPORTUNITY
ATTACHMENT 7-M (1)
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
Deparbnent 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)
1. 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 $10,000 at any tier for construction work under the contract
resulting from this solicitation. The notification shall list the name, address and telephone
ATTACHMENT 7-M (2)
number of the subcontractor, employer identification number, estimated dollar mount of the
subcontract, estimated starting and completion dates of the subcontract, and the
geographical area in which the contract is to be performed.
4. As used in this Notice and in the contract resulting from this solicitation, the "covered area"
is the geographical area where the contract work is to be performed.
ATTACHMENT 7-8
BIDDER CERTIFICATION REQUIRED BY EXECUTIVE ORDER 11246
U.S. Department of Housing and Urban Development
CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY
. ' .. ,, . ,..,s. .... INSl~UCTJON$
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.
. -~ . . ~ ..
•• i,·,•
·;' ! "CE~TIFICATION:BY BIDDER
Name and Address of Bidder (include zip code):
f~-h IJYl 6~e.,c;. -:r::.-.c.
\ 2~~ Go\~.,. P&lrl£-. -n,--~ J
'2.-il.V\(>.._,{. WA ~~z
1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity Clause
El YES • NO
2. Compliance Reports were required to be filed in connection with such contract or subcontract.
E'.'.f YES 0 NO
3. Bidder has filed all compliance reports due under applicable instructions, including SF-100.
Ef YES O NO • NOT REQUIRED
4. Have you ever been or are you being considered for sanction due to violation of Executive Order
11246, as amended?
0 YES Ef' NO
Name and Title of Signer (please type)
Signature Date
Contractor Compliance Form ATTACHMENT 7-G
CDBG HOME NSP Programs
THIS FORM MUST BE COMPLETED BY ALL GENERAL CONTRACTORS AND
SUBCONTRACTORS PROVIDING BIDS.
DevelopmentAddress: I '3Ho W. LeWS Sf-: F~~c.c WA q~3ol
SECTION I. CONTRACTOR INFORMATION
Name 'P~llV' C::l-\o...c..c:; ~
Address: \ 2-~<is" Co~ p~~\ I k<c-lA.~
Type of Business: o~~
WA License No: f-t;~~'24-\Q2 -
FEIN: '11-0~ (...fPi 7~
WA 4.~3t;;z.
~en Business Enterprise (WBE)? Minority Business Enterprise (MBE)?
-No D Yes g-No D Yes
if yes, enter racial/ethnic code from below:
Bidding as a: ~eneral Contractor •Sub-Contractor, indicate General Contractor name:
Current number of employees: t:io
Current number of women employees: I 0
Current number of minority employees: \ O
If minority employees enter racial/ethnic code from below:
Code: 1 2 3 -4 5 6
Number: '60 lo
Total Dollar amount of Bid: $
If exceeds $100,000, com lete Section II .
SECTION II. New Hires when Bid exceeds 100 000 (must comply with Section 3 requirements)
Number of em lo ees to be hired for this contract
Number of Low-Income Project Area Residents (L.I.P.A.R.)
to be hired for this contract:
RACIAL/ETHNIC CODES
1. White
4. Asian
2. Black/ African American
5. Native Hawaiian/Pacific Islander
3. American Indian/Alaskan Native
6. Hispanic/Latino
I hereby certify that it is the policy of the undersigned to comply with all existing laws prohibiting
discrimination in all aspects of employment due to race, color, creed, sex, age, religion, national origin,
marital status, receipt of public assistance or disability.
This shall be,accomplished substantially by the following actions: Nondiscrimination in RECRUmNG,
HIRING TRAINING PROMOTING SUBCONTRACTING DEMOTION LAYOFF and/orTERMINATION.
Date
Fonn 17 (01/2013)
The City of Pasco does not discriminate on the basis of race, color, creed, national origin, sex, religion, age, disability,
marital status, status with regard to public assistance, sexual orientation or familial status, in the employment
and/or the provision of services.
Equal Opportunity Housing and Equal Opportunity Employment
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.
ill. 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 USBA1)
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):
1. 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:
1. His work classification (journeyman or job title) as it will appear on
the payroll.
2. His duties of work.
3. The U.S. Department of Labor's requirement on this project that he is
either a journeyman, apprentice or laborer.
• If journeyman, he 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.
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
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 highest wage rate
applicable to any of the work which he performs unless the following
requirements are met:
1. 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).
1. 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).
3. 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.
I. Inform each journeyman and each apprentice that a journeyman must
be on the job at all times when an apprentice is working.
V. DURING CONSTRUCTION
A. Each employer must:
1. 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 (3)
•✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
✓
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 Qess 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):
1. 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. "l ").
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 (4)
✓
✓
✓
✓
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 Gob 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 paid at least the highest
minimum wage rate of all of the classes of work performed for all
hours worked.
ATTACHMENT 9-C (5)
✓
✓
✓
✓
✓
✓
NOTE: Average Pay to Two Classes of Work Not Accepted. 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 OJA
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 a 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 (6)
✓
✓
✓
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:
ATTACHMENT 9-C (7)
✓
V
• Keep all weekly payrolls on the project for three (3) years after the contractor's project
completion date.
ATTACHMENT 9-C (8)
I/we hereby certify that we have read and understand the above contractual labor standards
responsibilities.
Contractor/Subcontractor
Contractor/Subcontractor
Contractor/Subcontractor
Contractor/Subcontractor
Contractor/Subcontractor
Cc: Labor Compliance Enforcement File
BGCA'-------
Date
Date
Date
Date
Date
Date