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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