HomeMy WebLinkAboutQuality Signs Pasco Specialty Kitchen Facade Improvement Signage - 110 S 4th Ave (BGCA 2017-011) (CP4PF8R1602)COMMUN/IT DEVEWPMENT DEPARTMENT 509-545-3441 I FAX 509-545-3499
P.O. BOX 293, 525 NORTH THIRD AVENUE, PASCO, WASHINGTON 99301
June 19, 2018
QUALITY SIGNS
4822 SOUTHRIDGE BL VD SUITE B
KENNEWICK, WA 99338
Dear
Subject: Notice to Proceed-Transmittal of Executed Contract
BGCA2017-0ll 356 PSKFACADE IMPV SIGNAGE
Attached please find one fully executed contract for the subject contact dated May 30, 2018 in
the amount of$8,487.28 (not including wssn, for your records. This letter will also serve as
your Notice to Proceed. June 19, 2018 will be the first working day charged to the project. The
contract specifies sixty (60) days, August 14, 2018 being the final day.
We look forward to working with you on this project. If you have any questions regarding this
contract, please contact Angie Pitman, Block Grant Administrator at (509) 543-5739 or Dean
Pollick, Project Manager (509) 528-1262.
Sincerely, w ·
/arp
cc: BGCA2017-0l l/Project File
Rick White, Community Economic Dev Director
Community & Economic Development
COMMUNITY DEVELOPMENT DEPARTMENT509-545-3441 IFAX 509-545-3499
P.O. BOX 293, 525 NORTH TIDRD AVENUE, PASCO, WASHINGTON 99301
QUALIIT SIGNS
MR. JOSEPH FISHER, OWNER
4822 SOUTHRIDGE BL VD SUITE B
KENNEWICK, WA 99338
Dear Mr. Fisher:
May 30, 2018
Subject: BGCA2017-011 , 356 PSKFACADE IMPV SIGNAGE -NOTICE OF AWARD
Please be advised that the City of Pasco has accepted your bid for the subject project in the
amount of$8,487.28 (not including WSST). QUALIIT SIGNS is hereby awarded the contract.
Enclosed please find three (3) copies of the Contract for your immediate review and execution.
Please return all three (3) copies to the City for our execution and further handling.
In order to facilitate the issuance of your Notice to Proceed, you are required to return all
executed contract documents with insurance and bonds to the City, within ten (1 0 ) days of this
notice. All Insurance Certificates are required to have a 30 day written · cancellation clause and
name the City of Pasco as additional insured and certificate holder under your general liability
coverage.
Upon review and acceptance of the above items, the Contract will be executed on behalf of the
City and a Notice to Proceed will be issued. Should you have any questions concerning this
matter, please do not hesitate to contact me.
Cc: BGCA~0l7-.011 File
Dean Pollick, Project Manager
Sin~ I?. /J,tlhn?hl_
Angela Pitman, Block Grant Administrator
Community & Economic Developm~t Department
CONTRACT DOCUMENTS
356 PSK FACADE IMPROVEMENT
PROJECT
PROJECT MANUAL NO.
CP4.PF.8R.16.0 2
RE-BID
COPY
CONTRACT DOCUMENTS
356 PSK FACADE IMPROVEMENT
PROJECT
PROJECT MANUAL NO.
CP4.PF.8R.16.02
TABLE OF CONTENTS
CP4.PF.8R.16.02
356 PSK FACADE IMPROVEMENT PROJECT
1. INVITATION FOR BIDS
2. VICINITY MAP
3. INFORMATION FOR BIODSRS
Oi..ralification of Bidders
·Expla~ cl Contract documents and Work Site
Project Quantities
Prevailing Wage
Bid Guarantee
Schedule of Work
Subm~ion of Bid Proposal
Award of Contract
4. PROPOSAL
BidProppsal
Subcontract DiscloSure Bid8ond .
Non-Collusion Affidavit
5. CONTRACT:
Conltact (Small~ Limited Work$ Roster)
Contract (Sealed Bid)
Performance & Payment Bond
6. GENERAL CONOITlONS (HUD-ft.lrldE!d Projects):
Federal Labor Standards Provisions, Form HUD-401 0
7. PREVAILING WAGE RATES
State-Frankfm County
Federal -Davis Bacon WA35
8. FORMS, REPRESENTATIONS AND CERTIFICATIONS
certification~ Bidder Regarding Equal Employment Oppor;tUnity
Equal Employment Opportunity Contract Compliance Notices
9. SPECIFICATIONS & DRAWINGS
PlaSter·~ & restoration (Facade)
Metal fabricatiQn, welding & sig~ge (Canopy)
Wllldow$ & doors (store front glass)
Electrical (related WOO() .
10. ADDENDA
TOC
SE C TIO·N 1
INVITATION FOR BIDS
ATTENTION CONTRACTORS
INVITATION FOR BIDS -RE-BID'
Pasco Specialty Kitchen Fa~de Improvement
Project #CP4.PF.8R.16.02
The subject project is being re-bid. The City of Pasco, Washington is inviting and requesting bid
proposals for the Pasco Specialty Kitchen fa~de improvement project. This project involves plaster
fabrication & restoration of the fa~de, metal fabrication and installation of canopy, which will include
lighting & engineering; replacement of single pane windows, installation of service windows, installation of
door, electrical & outdoor lighting, circuitry to light underside of canopy, installation of fixtures and
receptacles, and related work. Please download the project manual at http://www.pasco-
wa.gov/bids.aspx?bid1D=115 .
Bids shall be addressed to the Mayor and the City Council and submitted to Krystle Shanks in the
Community & Economic Development Department, Planning Office, 2nd floor of Pasco City Hall, 525 N
Third Avenue, Pasco, Washington, up the hour of 10:00 a.m . Thursday, November 2, 2017.
Bids are to be submitted only on the forms provided in the specifications and accompanied by a bid bond,
certified or bank cashier's check made out to the City of Pasco in the amount no less than five percent
(5%) of the total or highest bid for each bid greater than $35,000. Contractors may submit a bid for any or
all projects on separate proposal forms provided. Bid results will be posted within three (3) business days.
This project is funded by a federal grant from the U.S. Department of Housing and Urban Development
Community Development Block Grant Program. The project shall be governed under public contract laws
including prevailing wage laws. All work performed on the project will be subject to the higher of prevailing
state or federal Davis-Bacon wage rates. The City of Pasco is an equal opportunity and affirmative action
employer. Small, minority-and women-owned businesses are encouraged to submit bids.
The City Council reserves the right to reject any and all bids and to waive technicalities or irregularities,
and after careful consideration of all bids and factors involved make the award to best serve the interests
of the City of Pasco.
Dated: October 27, 2017
BGCA 01 INFORMATION FOR BID
SECTION2
VICINITY MAP
VICINITY MAP
11054TH Ave
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SE C TION 3
INFORMATIO N F O R BIDDERS
INFORMATION FOR BIDDERS
QUALIFICATION OF BIDDERS
Qualified bidders must be bona fide contractors registered in the State of
Washington, and not suspended, debarred, or limited participation on state
and/or federal contracts.
EXPLANATION OF CONTRACT DOCUMENTS AND WORK SITE
Bidders should carefully examine the Contract Documents and work site to fully
acquaint themselves with all the conditions and matters which can in any way
affect the work or the cost thereof, please contact Dean Pollick at 509-528-1262
to schedule a site inspection. All questions and requests for clarification must be
directed to Angie Pitman (pitmana@pasco-wa.gov) in writing, allowing sufficient
response time prior to bid due date. Answers and clarification shall be made in
the form of addenda to the documents and furnished to all bidders who shall
submit all addenda with their bids. Oral explanations and interpretations made
prior to the bid opening shall not be binding.
PROJECT QUANTITIES
Project quantities, if shown in the proposal, are only approximations and are
shown to establish a basis for uniform competitive biding. It shall be the
responsibility of the Contractor to establish the accuracy of those quantities and
to base the lump sum prices of the bid on the materials and labor necessary to
complete the bid items. The Owner does not warrant, expressly or by implication,
the final measured quantities will correspond exactly with estimated quantities;
nor shall the bidder plead misunderstanding or deception because of such
estimates of quantities, or of the character, location, or other conditions
pertaining to the work. Adjustments to any contract item must be made in writing.
PREVAILING WAGE
This project is federally funded through a grant from the U.S. Department of
Housing and Urban Development and subject to Davis-Bacon and Related Acts.
The higher of state or federal prevailing wage determination shall apply. Current
wage determinations, any additional classifications, and the "Notice to All
Employees" labor poster must be posted in a visible location at the work site(s).
Reference: Davis-Bacon Contractors Guide 4812-LR 2012.
BID GUARANTEE
Bid security in the amount of 5% shall be submitted with any Proposal or
combined proposals greater than $35,000. Failure to submit same shall be
cause for rejection of the bid. Bid security shall be in the form of a certified
check, cashier's check, bid bond, cash or money order made payable to the 'City
of Pasco' in the amount equal to at least five percent (5%) of the total amount of
the bid or bids combined. Security deposited by an unsuccessful bidder will be
returned as soon as practicable after the bid opening.
SCHEDULE OF WORK
A work schedule shall be coordinated with City Facilities and Pasco Specialty
Kitchen Manager to minimize impact on clients.
SUBMISSION OF BID PROPOSAL
The City of Pasco (herein called the City and/or··owner) invites Bidders (herein
called the Contractor) to submit bids on the proposal forms (bid package) to be
provided to those Bidders upon request. Bid documents may be obtained
beginning Tuesday, October 17, 2017 at 12:00 p.m. through QuestCDN.com
using eBidDoc #5406167 for the standard download fee of $10.00.
QuestCDN.com can be contacted at 952-233-1632 or info@questcdn.com for
additional information and assistance. The envelopes containing the bids must
be sealed, addressed to the Mayor or City Council and delivered to the office of
the City Clerk, located at the north end, first floor of Pasco City Hall, 525 North
3rd Avenue, Pasco, Washington, up the hour of 10:00 a.m. Thursday,
October 26, 2017, and shall clearly indicate the company name and project for
which they are intended.
The proposal forms to be completed for the bid package include: the Proposal,
the Bid Bond, the Non-Collusion Affidavit, Subcontract Disclosure, EO
Certification, and Acknowledgement of any Addenda. All blank spaces for bid
prices shall be completed either in ink or be type written and shall contain the
appropriate amounts in figures. Any spaces left blank shall be an indication of a
non-responsive bid. Any correction to entries made on the proposal form shall
be initialed by the person signing the proposal. In the Proposal, the Contractor
shall identify the nature and amount of the bid bond.
Any bid may be withdrawn prior to the scheduled time for the opening of bids or
authorized postponement thereof. Any bid received after the time and date
specified shall not be considered. No bidder may withdraw a bid within 60 days
after the actual date of the opening thereof.
AWARD OF CONTRACT
It is the intent of the City to award a contract to the responsible bidder whose
proposal is most advantageous to the program, with price and other factors
considered.
The City reserves the right to:
• Waive any informality in bids received when such waiver is in the best
interest of the City.
• Accept bids in any order or combination, unless otherwise specifically
provided in the bidding documents, and to determine the low bidder on the
basis of the sum of the bids either individually or combined.
• Reject any and all bids.
• Republish the invitation for bids.
Award of the contract is contingent upon ratification by the Pasco City Council.
Once the responsible bidder has been determined, the City will mail or otherwise
transmit to the Contractor the necessary Contract Documents for execution. The
Contractor will have a maximum of ten (10) calendar days in which to complete
and return the Contract Documents for execution by the City.
SECTION 4
PROPO SAL
Bid Proposal
Subcontract Disclosure
Bid Bond
Non-Collusion Affidavit
PASCO SPECIAL TY KITCHEN
PROJECT NUMBER: CP4.PF .BR.16.02
The Proposal Form, Bid Bond, Noncollusion Declaration, Subcontract Disclosure and
Acknowledgement of all Addenda shall be submitted as a complete integral bid package.
The undersigned hereby agrees that the City Engineer for the City of Pasco shall determine the actual
amount of quantities and materials to be paid under the Contract for which this Propo~al is made and
that all material furnished and all work performed shall be strictly in accordance with the plans and
specifications.
The undersigned agrees that if awarded the contract, he will commence work on the date Indicated on
the written Notice to proceed and that all work should be compfeted within Thirty (30) ~lend~r days.
The undersigned further agrees to pay as liq1,.1idated damages, the sum of $100 (One Hundred
Dollars) for each consecutive calendar day thereafter as provided in the s :tandard Specifications.
Accompanying this Proposal is a certified check, cashier's check, bid bond, ca~h or money order
payable to the City of Pasco being an amount not less than 5% of the total bid based upon the estimate
of quantities at the above prices according to the conditions of the Information for Bidders. If this
proposal ~ accepted by the City of Pasco. and the undersi9ned shall fE:lil to execute a ~tisfactory
contract and bonds. as stated in the Instructions For Bidders hereto attached, within ten (10) calendar
days from the date of notice of award, then the City may, at its <>ption, determine that the undersigned
has abandoned the contract and thereupon this proposal shall be null and void and the certifted check,
bid bond, cash or money order accompanying this propo~I shall be forfeited to and become the
property of the City-of Pasco. Otherwise, the certified check, ~$hier's ~heck, bid bond, cash or money
order accompanying this proposal shall be returned to the undersigned.
All construction shall be in accordance with local codes. manufacturer's recommended installation procedures,
good quality workmanship practices. General Specifieatlons and Lead--Based paint requirements. Conflicts
between requirements wiU be resolved by c:omptiance with the more sbingent requirement, and safe work practices
lt!at comply with OSHA Construction Standards for Asbestos Workers. Contractor awarded the job Will be
responsible for conducting lead safe work practices. Asbsestos report, where required, will be attached if tested
areas are 1 % or greater. See Asbestos and lead Sampling Reports for location and testing of Planned Work
Areas, if applicable.
Receipt is hereby acknowledged of addendum(s} No,(s) ___ ~ ____ & ___ _
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DATEDAT _____ /__,.o:;..-.-: ___..,.. ?CJ DAYOF_ ........ M......&..e....~----·204?.
SIGNED: --H~-t:1.....c:C>..----'~-..,...;.+~~-------TITLE:_{)\N........,.+-V},_,R.,,v_,__ ______ _
PRINTED NAME:____.._, .,L..;!)gC.:..s e,p~h.....a..__;:,_::fi ............ c;'"""Cdtke.«::~__,__-------------
NAME OF COMPANY: (i)lAOt I ifv[ Si~
ADDRESS: %'()?" )5Dvtfuvjd~ 'fhlvJ
TELEPHONE: 'J:Jbpt-J,<i{u -o·nt '
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SUBCONTRACT DISCLOSURE
All Subcontractors must be prequalified in accordance with Pasco Municipal Code 14.10.
Prequalification forms may be obtained from the office of the City Engineer. Bidder
acknowledges that work performed by a non-prequalified subcontractor will not be
accepted by the City of Pasco.
WE, the undersigned, intend to employ the following subcontractors, in order to fully
perform the workoulliiied-in these specifications. ---
We intend to employ the firm(s) of:
NAME ADDRESS List Item Number
1)
2)
3)
4)
5)
and represent and warrant that the work will be performed by said subcontractors in a
good and workmanlike manner and under our direct supervision. We further ry esent
and warrant that the work to be performed by them constitutes approximately_~!fL~--
percent of the total dollar value of said contract.
Description of work to be performed by Prime Contractor:
FIRM:
NAME:
ADDRESS:
TELEPHONE:
EMAIL:
SD-1
Guality Signs
4822 Southrldge Blvd., Kennewick, WA 99338 509-586-0585
Sales Quotation Date: April 19, 2018
Billing Address
Pasco Specialty Kitchen
110 S. 4th Ave.
Pasco, WA 99301
Job Location
Pasco Specialty Kitchen
110 S. 4th Ave.
Pasco, WA 99301
Thank you for allowing Quality Signs the opportunity to quote your sign project
Item: Cost: Qty: Subtotal:
Design #: PSC SPEC KIT 1
Fabricate and install one set of flush mounted, illuminated
channel letters.
"Pasco" and "Kitchen" -internally illuminated channel letters
with white plex faces, white trim cap, black returns, and white '
LED illumination.
' "Specialty" -Internally illuminated channel letters with white
plex faces, orange trim cap, black returns, and white LED '
illumination. ;
'
Note: Black vinyl may be used in loop areas of "Specialty" that
' are too small for metal fabrication.
Design #: PSC SPEC KIT 2 '
Fabricate and install one internally illuminated, double sided
cabinet sign to be installed projecting out from side of building
similar to pub style sign.
' Plex and standard vinyl graphics faces.
,t, , IV"-'/} ~Of.1)
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$ 5,343.83 II
$ 3,143.45
Subtotal
Tax
Total W/Tax
$
1 j $
$
$
$
$
$
$
$
$
$
1 !$
I!
Is
$
8.60% $
$
-
5,343.8 3
-
-
-
-
-
-
-
-
-
3,143.45
-
-
-
8,487.28
729.91
9,217.19
General Notes: Permit fees and engineering charges (If required) will be billed extra at cost. Quality Signs will connect the signs to the
electrical source if it is at the sign location at the time of installation. Price does not include running wiring or conduit to the sign location
unless noted above. Wall mounted signs with wiring and/or power supplies behind the wall may require access ports, lighting. and
catwalks if required by the Electrical inspector. Lighting, access ports and catwalks are not included. Price assumes pole sign footings can
be excavated without subsurface or concealed conditions, such as utilities, sandy soil, water, caliche rock or any other unforeseen
condition that hinders excavation. Additional charges may apply if any of these conditions exist.
Prices quoted are based on raw material prices on the date of this quote. Due to market uncertainty, prices are subject to change based
on pricing at the time raw materials are ordered.
Payment terms: 50% down payment requested upon ordering. Balance billed and due upon completion. Quality Signs reserves the right
to progress bill for completed work if completed signs cannot be installed due to unforeseen circumstances not the responsibility of
Quality Signs.
Quote Completed By: Customer Acceptance
I agree to the above terms and conditions:
Quality Signs Date Customer Date
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NON-COLLUSION DECLARATION
I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United
States that the following statements are true and correct:
1. That the undersigned person(s), firm association or corporation has (have) not, either
directly or indirectly, entered into any agreement, participated in any collusion, or
otherwise taken any action in restraint of free competitive bidding in connection with the
project for which this proposal is submitted.
2. That by signing the signature page of this proposal, I am deemed to have signed and to
have agreed to the provisions of this Declaration.
NC-1
SEC T IONS
CON TRA CT
PB-1
CONTRACT
SMALL WORKS ROSTER
BGCA2017-0ll 356 PSK FACADE IMPV SIGNAGE
THIS CONTRACT is made and entered into this ~0 day of May. 2018, by and between
the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as "City", and
QUALITY SIGNS, hereinafter referred to as "Contractor."
WHEREAS, the Project qualifies under RCW 39.04.155 as a small works roster
contract, or a limited public works contract; and
WHEREAS, the City having sought and secured quotations from its small works roster,
and the Contractor being duly qualified as a Contractor on the small works roster having
submitted a quotation acceptable to the City.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
1. Description of Work. The Contractor shall furnish all equipment, labor, tools, materials
and appurtenances and perform all services in a workmanlike manner and in accordance
with the plans and specifications as provided in the Project Description and
Specifications, attached hereto as Exhibit A.
2. Compensation. Compensation for the performance of the service and materials as
described in Exhibit A shall be:
3.
4.
~ That amount set in the quotation attached hereto as Exhibit B; or
• $ ________ payable in$ ______ installments as follows:
subject to any retainage or withholdings as provided below.
Time of Completion. The work covered by this Contract shall be completed with all
respects within Cc) calendar days from the date of the Notice to Proceed. Once the
work is commenced, the Contractor shall diligently pursue the work to completion within
the time specified in this Contract.
Warranty of Contractor. Contractor warrants that it is qualified to be awarded a public
works contract in compliance with RCW 39.04.350; and further agrees to comply with all
State and Federal laws relating to the employment and wage rates to be paid.
Contract -Small & Limited Public Works Roster
Page 1
5. Indemnification.
5.1 The Contractor shall defend, indemnify, and hold harmless the City, its officers,
officials, agents, employees, and volunteers from any and all claims and causes of
action, including, but not limited to, actions of law or administrative proceedings
for all injuries to persons or damages to property, and all losses, damages,
demands, suits, judgments, including attorney fees, arising out of, or as a result
of, or in connection with the work performed under this Agreement, and caused or
occasioned in whole or in part by reason of errors, negligent acts or omissions of
the Consultant or its subcontractors in the performance of this Agreement, except
for injuries and damages caused by the sole negligence of the City, its officers,
employees, agents, and volunteers.
5.2 Should a Court of competent jurisdiction determine that this Agreement is subject
to RCW 4.24.115, then, in the event of liability for damages arising out of bodily
injuries or damages to property caused by or resulting from the concurrent
negligence of the Contractor, and the City, its officers, employees, agents and
volunteers, the Contractor's liability and obligation to defend hereunder shall only
be the proportionate extent of the Contractor's negligence.
5.3 It is further agreed that the indemnification provided herein constitutes the
Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely
for the purposes of this indemnification.
5.4 No liability shall attach to the City by reason of entering into this Agreement
except as expressly provided herein.
5.5 This indemnification shall include damages, penalties and attorney fees sustained
as a result of Contractor's delayed or failed performance of Section 6 above.
5.6 This waiver has been mutually negotiated by the parties, and the provisions of this
section shall survive the expiration or termination of this Agreement.
6. Insurance. The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise
from or in connection with the performance of the work hereunder by the Contractor, its
agents, representatives, employees, or subcontractors.
6.1 Minimum Sco pe of Insurance. Contractor shall obtain insurance of the types
described below:
6.1.1 Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles. Coverage shall be written on Insurance Services Office
(ISO) form CA 00 01 or a substitute form providing equivalent liability
coverage. If necessary, the policy shall be endorsed to provide contractual
liability coverage.
Contract -Small & Limited Public Works Roster
Page2
6.1.2 Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 01 and shall cover liability arising from premises,
operations, independent contractors and personal injury and advertising
injury. 1be City shall be named as an insured under the Contractor's
Commercial General Liability insurance policy with respect to the work
performed for the City.
6.1.3 Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
6.1.4 Professional Liability insurance appropriate to the Contractor's profession.
6.2 Minimum Amounts of Insurance. Contractor shall maintain the following
insurance limits:
6.2.1 Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
6.2.2 Commercial General Liability insurance shall be written with limits no
less than:
l8I
l8I
•
$1,000,000 each occurrence;
$2,000,000 general aggregate; or
$ ____ each occurrence; and $ ____ general aggregate
6.2.3 Professional Liability insurance shall be written with limits no less than:
• $1,000,000 per claim; • $1,000,000 policy aggregate limit; or
D $ ____ per claim; and $ ____ per policy aggregate limit
6.3 Other Insurance Provisions. The insurance policies are to contain, or be endorsed
to contain, the following provisions for Automobile Liability, Professional
Liability, and Commercial General Liability insurance:
6.3.1 The Contractor's insurance coverage shall be primary insurance as
respects the City. Any insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Contractor's
insurance and shall not contribute with it.
6.3.2 The Contractor's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the
City.
Contract -Small & Limited Public Works Roster
Page3
6.4 Acceptability of Insurers. Insurance is to placed with insurers with a current A.M.
Best rating of not less than A: VII.
6.5 Verification of Coverage. Contractor shall furnish the City with original
certificates and a copy of the amendatory endorsements, including but not
necessarily limited to · the additional insured endorsement, evidencing the
insurance requirements of the Contractor before commencement of the work.
7. Retainage and Performance Bond.
7.1 Unless it is waived as provided below, the Contractor shall provide and post for
the benefit of the City a Performance and Payment Bond issued by a qualified
surety insuring the Contractor's performance of all the provisions of the Contract
and payment of all labors, mechanics, and subcontractors and materialmen as
required by RCW 39.08.010.
7.2 The City shall withhold five percent (5%) of the money due to the Contractor for
the work performed under this Contact until completion and/or acceptance of the
Contract as provided by RCW 60.28.011. Contractor may elect an option for
management of the statutory retainage by notice to the City of the elected option
under RCW 60.28.011.
7.3. Limited Public Works Project. If the Project's estimated cost is less than $35,000,
the City may elect to waive the retainage and payment and performance bonds as
required above as evidenced by the initials below.
8. Work Site Conditions. The wor performed under this Contract is done at the
Contractor's risk and that Contractor is familiar with the conditions present and other
contingencies likely to affect the work, and has submitted their quote accordingly. The
Contractor will assume the responsibility and risk of all loss or damage to materials or
work which may arise prior to completion.
The Contractor shall keep the work site in a neat, orderly condition and after completion
of the work, the Contractor shall, at its expense, clean up and remove all refuse and
unused materials of any kind resulting from the work.
9. General Provisions.
9.1 For the purpose of this Contract, time is of the essence.
9.2 Notice. Notice provided for in this Contract shall be sent by:
9.2.1 Personal service upon the Project Administrators.
Contract -Small & Limited Public Works Roster
Page4
9.2.2 Certified mail to the physical address of the parties, or by electronic
transmission to the e-mail addresses designated for the parties below.
9.3 The Project Administrator for the purpose of this Contract shall be:
9.3.1 For the City: Community & Economic Development,
Block Grant Administrator
525 North 3rd
Pasco WA 99301
pitmana@pasco-wa.gov (e-mail address)
9.3.2 For the Contractor: QUALITY SIGNS
or his/her designee 4822 SOUTHRIDGE BL VD SUITE B
_3.!;NNEWIC , WA 99338
\
10. Dispute Resolution. This Contract has been and shall be construed as having been made
and entered into and delivered within the State of Washington, and it is agreed by each
party hereto that this Agreement shall be governed by the laws of the State of
Washington.
10.
D (Option 1) In the event of a dispute regarding the enforcement, breach, default, or
interpretation of this Contract, litigation and venue shall be placed in Franklin
County, Washington, and the prevailing party shall be awarded its reasonable
attorney fees and costs against the other.
(Option 2) In the event of a dispute regarding the enforcement, breach, default or,
interpretation of this Contract, said dispute shall be resolved by arbitration
pursuant to RCW 7 .04A, as amended, with both parties waiving the right of a jury
trial upon trial de novo, with venue placed in Pasco, Franklin County,
Washington. The substantially prevailing party shall be entitled to its reasonable
attorney fees and costs as additional award and judgment against the other.
Additional Documents. The following additional documents are, and included and
incorporated as a part of this Contract:
10.1 Project Description and Specifications.
10.2 Quotation.
Contract -Small & Limited Public Works Roster
Page5
IN WITNESS WHEREOF, the parties have executed by their duly authorized official
this Contract in triplicate, each of which being deemed an original on the date first written above.
RICK WHITE, COMMUNITY & ECONOMIC
DEVELOPMENT DIRECTOR
COMMUNITY & ECONOMIC DEVELOPMENT
525 N THIRD A VENUE
PASCO, WA99301
CONTACT: DEAN POLLICK
EMAIL: POLLICKD@P ASCO-WA.GOV
TELEPHONE: (509) 528-1262
JosiFisCR,OWNER
QUALITY SIGNS OWNER
4822 SOUTHRIDGE BLVD SUITE B
KENNEWICK, WA 99338
CONTACT: TYLE .. ~--..YTON
-3359, (509) 586-0585
REGISTRATION NO.CL GLIAl:rS~55',:X:.
Contract -Small & Limited Public Works Roster
Page6
SECTION6
G ENERAL CONDITION S
(ImD-FUNDED PR OJECTS)
and
Federal Labor Standard Provisions
Form HUD-4010
PB-I
ATTACHMENT 7-1 (1)
GENERAL CONDITIO"$
Contents
Section Subject:
1. Contract and Contract Documents
2. Defimtions
3. Additional Instructions and Detail Drawings
4. Shop or Setting Drawings
5. Materials, Services and Facilities
6. ContractPr's Title ofMateri~s
7. I,ispection and Testing of Materials
8. "Or Equal" Clause
9. Patents
10. Surveys, Permits and Regulations
11. Contractor's Obligations
12. Weather Conditions
13. Protection of Worlc and Property-
Emergency
14. lnsp«tion
15. Access to Records
16. Reports, Re00.rds and Data
17. Superintendence by Contractor
18. Changes in Work
19. Extras
20. Time for Completion and Liquidated
Damag~
21. CorrectlonofWork
22. Subsurface Conditions Found Different
23. Claims for Extra Costs
24. Right of Owner to Terminate Contract
25. Construction Schedule and Periodic
Estimates
26. Payments to Contractor
21. Aceeptmice ofFmal Payment as Release
28.. Payments by Contractor
29. lnsurance, Co~tor's
30. Contract Security
31. Additional ot Substitute Bond
32. Asstgilmehts
33. Munw.l Responsibility of Contractors
34. Separate CQntracts
3$. Suhoontracting
36. Arcbitect/Engineees Authority
Section Subject
37. Stat~ Allowan.JJCS
38.. Use of Premises .and Removal of Debris
39. Quantities of Estimate
40. Lands and Right-of-Way
41. General Guaranty
42. Cf3nflicting Conditions
43. Notice -~ $ervjce Thereof
44. Required Provisions Deemed Ins~
45. Protection of llves and .Health
46. Subcontracts
47. Interest of Member of Congress
48. Oilier P,c,lnoited Interests
49. Use Prior Jo Owner's Acceptance
50~ Photogr&;phs of the Project
S l. Suspensfon of Work
Note: Items 52 -~6 ~e ~nntted.
67. I~¢Iigi"ble Subcontractors
68. Provisions to be Included
69. Brea.eh of Labor Standards
70. Employment Practi¢es
71. Conttact Tenninati-0n; Debannent
72. Fooera,I Labor :Stan<4mls Provisions
(Follows P~graph ·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 Discdminatfon Act of 1975
77. Section $04 of Rehabilitation Act
78. Section 3 of l{ousing & Community
Development Act of 1968
79. EO 11246 Equal Opportunity Clause
80. EO J 1246 Segregated Facilities
81. EO 11246 Notice, Re.quiremep.t for
AJfirmative Action ·
82. EO 11246, Standard Federal Equal
Employment Opportunity
83. State Nondiscrimination Clause
84. Americans with Disabilities Act of
1990
ATTACHMENT 7-1 (2)
S~b j~
Index of Contents
Section Sub ject Section
Age Disaimination Act of 1975 .................... 76
Access to Records .............•............................ 15
Accident Prevention ..•.•............•..................... 45
Additional or Substitute Bond ........................ 31
Additional Instructions ..................... , .............. 3
Affirmation Action Requirements ................. 81
Allowances ..................................................... 36
Americans with Disabilities Act of 1990 ..••... 84
Architect's Authority ..................................... 36
Assignmen.ts ................................................... 32
Bond, Security ................................................ 30
Bond, Additional or Substitute ...................... 31
Breach in Labor Standards ............................. 69
Changes in Work ............................................ 18
Claims for Extra Cost. ........................•........... 23
Completion Time ........................................... 20
Condition, Subsurface .................................... 22
Conflicting Conditions ................................... 42
Construction Schedule ................................... 25
Contract Documents ......................................... I
Contnlct Security ........................................... 30
Contract Ternlination ..................................... 71
Con1ractor• s Insurance ................................... 29
Contractor~ s Mutual Responsibility ............... 33
Contractot'-s Obligations ................................ I I
Contractor's Title to Materials ......................... 6
Correction of Work ......................................... 21
Damages, Liquidated ..................................... 20
Data, Reports and Records ............................. 16
0eb8J'D).ent .................... _ ... _ ..........................•.... 71
Debris Re:tnova) ............................................. 38
Definitions .........................•........ ·················~···· 2
Detail Drawings ............................................... 3
Different Subsurface ...................................... 22
Discriminatio~ Employment ...•........... 75-77,82
Drawings, Detail .............................................. 3
Eniergencies ..................... ~····························· 13
Employment of Lower Income Residents ...... 76
Employment Practices .......•..........•................ 70
Equal Employment Opportunities .......•... 75-77, 82
Equal Opportunity Clause, EO 11246 ........... 79
Estimated Quantities ...................................... 39
Extras ............................................................. 19
Federal Labor Standards Provisions .............. 72
Final Payment Acceptance .. n••················· ...... 27
Guaranty., General .... , ..................................... 41
Ineligi"ble ·Subcontractors ............................... 67
In.spection ...................... ····· ~ ................................ "'!••······· .. 14
Inspection of Materials ..........•............•......•...... 7
Insurance ......................................................... 29
Labor Standatds, Breach of ........................... 69
Lands and Rights-of-Way .............................. 40
Legal Provisions, Implied .........................•.... 44
Liquidated Damages ....................................... 20
Lower Income Resident Employment. ........... 83
Materials, Services and Facilities ..................... 5
Member of Congress Interest ......................... 47
Non-discrimination in Employment ........ 75-77, 83
Notice and Service Thereof ...•............. -........... 43
ObJigations of Contractor ............................... 11
"Or Equal" Clause ..•......................................... 8
Owner's Rigbt to Terminate .......................... 24
Paten.ts ............................................................... 9
Payments by Contractor ................................. 28
Payments to Contractor ................................. 26
Periodic Estimates .......................................... 25
Pennits, Surveys and Regulations .................. 10
Photographs of the Projects ...............•............ 50
Prohibited Interests ......................................... 48
Protectic;,n of Lives and Health ....................... 45
Protection of Work and Property ................... 13 ·
Provisions Rtttnired by Law ....•..................•.. 44
Provisions to be Included in Subcontracts ..... 68
Quantities of Estimate ...........•........................ 39
Rehabilitation Act, Section 504 ..................... 77
Release of Contractor ..................................... 27
Rein.oval of Debris ......................................... 38
Reports, Records and Data .................... u. ...... 16
Responsibility of Contractor .......................... 33
Right of Owner to Terminate ......................... 24-
Rigbts-of-Way ................................................ 40
Schedule of Construction ····••m--•• .................. 25
Section 3 ofHCD Act of 1968 ....................... 7-8
Section 109 ofHCD Act of 1974 ................... 75
Section 504 of Rehabilitation Act .................. 77
Security, Contract. .......................................... 30
Segregated F~cilities, EO 11246 .................... 80
Separate Contracts .......................................... 34
Services. Materials and Facilities ..................... 5
Shop Drawings ·······················••.•······ ................. 4
ATTACHMENT 7-1 (3)
S11.bject Section Subject Section
State Nortdis.crinifuation Clause .••.......•.......... 83 Tennination of Conttact ............................. ,24~ 71
State Prevailing Wages, Compliance with ... ,. 73 Testing ofMateriids ........................... ·-··········· 7
State4 Allowances .............................................. 37 Time for.COI)lp]etion ................................ ~-. .. .20
·Sqbcontracting ................•.................•.•.....•.. 3 5, 46 Title VI Civil Rights Act.. ............................. -.. 74
Subcontractors, Ineligible ............................•.. 67 Title VI Nondiscrimination Clause .............•.. 74
SUDCQntt:acto:r' s Insurance .............. , .......... , ... 29 Title to Materiais, Contractors ...................... m6
Substib:lte Bond ...... ···~·····•··••.•··•··· .. ·•··· .. ·••n--.... 31 Use and Occupancy., ........... , .......................... 49
Subsurface Conditions , .................................. 22 Use of }>reJDises .......................... -............. , ....... 38
Superintendence by Contractor ..................... 17 Use Prior to Owner's Acceptance ................. .49
Surveys, Permits and Regulations ................. 10 Weather Conditions ................................... ~-·· 12
Suspension of Work ......................................... 51
ATTACHMENT 7-1 (4)
1. Contract and Contract Numbers
The p«>j«t to be constructecl pursuant to this contract will be financed with assistance from the
Department of Housing and Utban Devefoprnent, as administered through the City of Pasco; and is
subject to all applicable federal and state laws and regulations.
The_ Plans, Specifications and Addenda, ~reinafter ~ilunierated in this section, "Gen.end
CoJUlitio~" sh;;tll 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, finn or corporation with whom the contract is ma<Je by the owner;
(b) "Subcontractor": A person, finn, 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 perfonned 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.
l. Additional Instructions and Detail Drawings
The Contractor will be furnished additional instructions and detail drawings as necessary to carry out
the work included. iri the oontract. 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. Th~ Contractor shall carry out the work in accordance with
the additional detail drawings and instru~ons. The Contractor and the Architect/Engineer will
prepare jointly (a)-a schedule, fixing the daft$ 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 ming the respective dates for the submi~on of shop drawings, the begiJuung of ·
m~facture,, testing ancl installation of 1™lterials, supplies and equipmai.t, and the completion of t:he
various parts of the work; each s~ch 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 submjt promptly to the Architect/Engineer two copies of each shop or setting
drawing prepared in accordance with the schedule predetertnined 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/En_gineer With two
· corrected copies. If requested by the Architect/Engineer the Contractor must furnish additional
copies.
ATTACHMENT 7 .. 1 (5)
5. Materials, Services a11d Facilities
(a) It is understood that except as otherwise specifically stated in the Contract Documents, the
Contractor shall provide and pay for all materials, Jabot, tools, equipment, water, light, power,
transportation, superintendence tempQrary construction of every nature, and al.I other services
and facilities of'evecy nature whatsoever necessary to etecute, complete I.Uld deliver the work
within the specified time.
(b) Any work necessary to beperfonned after regular working hours, on Stm.days or legal holidays,
shall be performed without additional expense to the owner.
6. Contractor's Title to Materials
No materials or supplies for the work shall be purchased by the Contractor or by any Subcontractor
subject to any chattel mortgage or under a conditional sale contract or other .agreement by which an
interest is retained by the seller. The Contractor warrants that he has good title to all materials and
sUpplies used by him in the work, free from all liens, claims or encumbrances.
7. Inspection and Testing of Materials
(a) All materials ~d equipment used jn the ~nstruction of the project shall be subject to adequate
i.i)wection iUld testing in accord~ce with accepted standards. The laboratory or ~ection
agency shall be selected by the Owner. ·Toe 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 stl'ehgth and durability of the
structure may depend, shall be subject_ to inspection and testing to establish conformance with
specifi~tions and suitability for uses intended.
8. "Or Equal" Clause
Whenever a materi~ anicle or piece of equipment is identified <m the plans or in the specifications
by reference to manufacturers' or vendors' nam~. trade names, catalogue nu,rnbets, ~ .• it is
itl.tended merely to establish a standard; and, any material, article or equipmeni of oth~
manufacturers and vendors which will perform adequately the duties imposed by the general design
will be considered equaJly acceptable provided the material, article or equipment so proposed, is, in
the opimon of the Archit~ngin~. of ~ual sub$ilce and function. It s11all not.be purchased or
i,nstalled by the Co;ntractor without the Architect/Engjn:eer's written approval-;
9. Patents
( ~) The Contrac4)r shall bold and save th~ Owner and its officers, agents, servants and employees
hatmless frc;;m liaJ>ility of any ruJture or ltind, includu;.g cost and expenses for, or cm account of,
any patented or unpatented invention, process, article·or appliance manufactured or used, in the
performance-of the contract, including its use by the Owner, unless otherwise specifically
stipulated in the Contract Documents.
(b) LietmSe ot RQyalty Fees: License and/or Royalty Fees fur the use of a pro~s which is
authorized by the Owner of the project must be reasonable, and paid to ihe hokler-0fthe patent,
or his authorized licensee, directly by the Owner and not by or through the Contractor.
ATTACHMENT 7,.1 (6)
( c) If the Contractor uses any design, .device or materials covered by letters, patent or copy.right, he
shall provide f9r such use by suitable agreement with the Owner o.f 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 :&om the use ofsuch design, device or
materials in any way involv«t in the work. The Contractor $id/or his Sureties shall indemnify
and save harmless the Owner of the project fu>m any and all cl1lims for infiin~elDent by
reasoning of the use of such patented ()T copyright«» desi~ device or materials or any
trademark or copyright in connection with worlc 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
oftbework.
10. Surveys, Permits and Re_gulations
Unless otherwise e1epressly provided for in the Specifications, the Owner will furnish to the
Contractor al) su.rveys necessary for the execution of the worlc. The Contractor shall pro<;Ure and
pay all permits, licenses and approvals necessary for the execution of hjs contract The Con~ctor
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 worlananlike manner, do and perfonn all work and furnish all
supplies and materials, ma~ery, equipment, facilities and means, e~cept as herein otherwis~
expressly specified, n~ary or proper to perform and CQmplet~ all tbe work required by this
contract, within the time herein specifi~ in accordance with the provisions of this contract and said
specifications, and in accordance with the plans and drawings covered by this contra~ and any and
all plans and drawings covered by this contract and any and all suppiemental plans and drawings;
and in accordance with the directions of the Architect/Engineer -~ given from time to time dwing the
progress of the work. He shall furnish, erect, maintain and remove such construction plan and SQch
temporary works as may be rc,quired.
The Contractor shall observe, comply with, and be subject to all tenns, conditions. requirements and
limitations of the ~ntract. and specificati,ons, and shall do, carry OQ and complete the entire work to
the satisfaction of the Architect/Engineer and the Owner.
12. Weather Conditions
In the ¢vent of temporary suspension of work, or during inclement weather, Qr whenever the
Arclritect/Engin¢er shall direct, the ContractQt will, and will cause his suhcontractots to protect
carefully his and their work ~ materials l!gainst 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 ofhis subcontractors so to protect his work,
such materials shall be removed and replac.ed at the expense of the Contractpr.
ATTACHMENT 7-1 (7)
13. Protection of Work and Property-Emergency
The Co:ntractor shall at aU tiines safely guard the Owner's property frott1 injury or loss in connection
with this contract. He shall at all tun~ 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 he caused directly by e.rtors contained in the contract ot by the Owner, or his duly ·
authorized representatives. ·
In case of an emergency, which threatens loss or injury of property1 and/or safety of life, the
Contractor will be allowed to act, without previous instru~ons from the Arcbitect/Engrneer, in a
diligent manner. He shall notify the Architect/Engineer immediately th~eafter. Any claim for
CQinpensation by the Contractor due to such ex.tra work shall be promptly submitted to the
Ju-cb)tect!Engineer for approval. Where the Contractor has not taken action but has notified the
Architect/Engineer of an emergency threatening injmy to persons or damage to the work or any
adjoining property, he shall act as instrucred or authorized by the Architect/Engineer.
The amount of reimbursement claimed by the Contractor on accOlmt of any emergency action shall
be determinoo in the· manner provided in Paragraph 18 of the General Conditions.
14. Inspection
The authorized tepresent~tives and agents of the Departm~t of Housing and. Urban Development
shall be pen:nitted to inspect all WQrk~ materials, payrolls, records of personnel, invoices or materials,
iµi<,l other relevant data and records.
15. Access to Records
The Conu-actor agrees to keep such records as the Owner may require. All such records shall be
available to the Owner and duly authoriz.ed officials of the state for examination. All records
pertinent to this project shall be retained by the Contractor fot a period of three (3) years after the
final audit.
16. Reports; RecQrds 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 requ~ concerning work
performed ·or to be performed under this contra<;t
17. Superintendence by Contractor
At the site of the work, the Contractor shall employ a construction superintendent or foreman who
shall have futl aµtru;>rity fQ act for the ConiractQt. It is understood that such representative shall be
·acceptable to the Architect/E:pgineer and shall beone who can be continued in that capacity for the
particular job involved unless he ceases to be on the Contractor's payroll.
An ACHMENT 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 det~ined 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;
I. Materials entering pennanentl y 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, oveibead, bond, profit and any other gen(ITTl} 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 obtiuned 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/E®J}eer, acting
officially for the Owner, and the price is stated in such order.
20. Time for Completion and Liquidated Daunages
It is hereby understoQd and mutually agreed, by and between the Contractor and the Owner, that the
date of beginning and the time for completion as specified in therontract of the work to be done
hereunder are ESSENTIALCONDITIONS of this contract; and it is further mutually understood
and agreed that tb~ 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 Own~, that the time for the
completion of the work d~cribed herein, is a ~ble tune for :the completion of the san.ie, taking
into consideration theaverage time for the completion of the same, taldng into considtntion 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 fune herein
specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby
agree, as a part consideratfon 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 th.e Contractor shall be in default. after the
tune 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 :fixmg and ascertaining the actual damages the Owner
would in such event sustain, 1llld said amount is agreed to he tbe-.ainoUI1t of damages which the
Owner would sustain and smd amoµnt shall be reta.irted from time to time by the Owner from c~t
p~<>di~ ~mate$.
It is further agreed that time is of the essence of each and every portion of this oorttract 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
w-0rk, 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-dµe:
(a) To any preference, priority or allocation oroer duly issued by-the Government;
(b) To unforeseeable cause beyond the control and without the fault or negligence of the Contractor,
including, blit not rem.ricted t-0, acts of God, or 9fthe public enemy, acts of the Owner, fire;
flood, epidemics, quarantine restrictions, strikes, freight embargoes and severe weather; and
(c) To any dela~ 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, wifbin ten (I 0) days from the beginning of such delay,
uni~ the Owner shtill grant a further period of time prior to the date of final s~ement of the
contract; notify the Ownei::, in wri~ 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 proc.esses of manufacture
and all methods of construction shall be at all times artd places subject to the inspection of the
Architect/Engineer who shall be the nnal judge of the quality and suitability of' the work, materials,
processes of m~ufacture and lDeth9ds of c.onstruction for the purposes for which they~ used.
Shoul<t they fail to meet his ~val they sbal] be forthwith reconstructe.d~ made; ~d, repla~
and/or corre.cted; as the case niay be, by the Contractor at his own expense. Rejected material shall
immediately be removed from the site. It: in the opinion of the Arclutect/Engineet-, it is lll'ldesirable
to replace any defective or damaged materials or to reconstruct or correct any portion. of the work
injured or not petfo~ in accordance with the Contract Documents, the compensation to be paid to
the C®tradQr hereunder ~hall be reduced by such amount as in the judgement of the
Ar<;hitect/Engineer shall be equitable~
22. S11hsurface Conditions Found Different
Should the Contractor enco:miter s~bsurface 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 ifhe finds that they materially differ from those
shown on the Plans or in the Specifications, be will at once make such changes in the Plans and/or
Specifications as he may find necessary, any increase or decrease of cost resulting frotn such
changes to be adjusted in the manner provided in P~graph 18 -I+ of the Genetal 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 p~ted with
the first estimate after the changed or extra work is done. When work is performed under the tenns
of subparagraph l 8(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 accowits relating thereto.
24. Right of the Owner to Tenninate 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 tenninate the contract, such notices to contain the reasons for such intention to terminate
the contract, and unless within ten (i 0) 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 e:xpiration of said ten (I 0) days, cease and terminate. In the event of any such
termination, the Owner shal] 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 tel) (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 Contnictor and his Surety shall be liable to the Owner for any excess cost occasiqned 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 de]ivery of the contract, and before the first partial payment is
made, the Contractor shall deliv~r to the Owner an estimated construction progress schedule in form
satisfactory to the Owner, showing the proposed dates of commencement and comp]etion of each of
the various subdivisions of wotk required under the Contract Documents and the anticipated amount
of each monthly ~yment that will become due the Contractor in a~ce with the progte$S
schedule. The Contractor shall alSQ fumj:sh on forms to be supplied by the Owner (a) a det.ailed
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. Toe costs employed in making up
any of these schedules will be used only for determining the basis of partial payments and wilt not be
considered ·as fixing a basis for a.dditions to or deductions from the contract price.
26. Payments to Contractor
(a) The Owner shall make progress payments to the Contractor on the basis ofa duly certified and
approved estimates of work performed during the preceding calendar month under this contract,
but to ensure the proper perfonnance 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: Providaj.. that the Contractor shall not submit bis estimate more o.ftert than once per
month; Provided. further. that on completion and acceptance of each $epatate building, public
work; or other djvision of the contract, on which the ~ is stated separately in the conb'act,
payment may be made in full, including retained percentages· thereon, less authorized deductions.
(Retain~ge procedures as specified in Title 60 Revjsed Code of Washington (RCW) 60.28.01 0
may be used in lieu of paragraph 26(a) of Attachment 7-1.) ·
(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 tbereupoiJ. become the sol~
properly of the Owner, but this provision shall not be co~trued as relieving the Contractor from
the sole responml>ility 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
1h:e fulfillment of all the terms of the -contract.
(d) Owner's Righ tto Withhold Certain Amounts and make A pplication Thereof-: The Contractor
agrees that he will indemnify and save the Owner hannless from all claims growing out of the
lawful demands of subcontractors, laborers, wotkmen, mechanics, materialmen, and furnishers
of machinery &nd parts thereo~ equipment, powet tools, and all supplies, including coIJ)Illissary
incurred in the furtherance of the performance of this contract. The Contractor shall, at the
Owner's request, furnish satisfactory evi,dence 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 O~r has written notice, direct, Qt withhold from~ Contractor's llllpatd
compensation a sum of money deemed reasonably sufficient to pay any and 2ill such lawful
claims 1.mtil satisfactory evidence is fumislted that all liabilities have been fuUy discharged
whereupon payment to the Contractor shall be resumed,. in accordance with the terms of this.
con~ but in no event shall the provisions of this sentence be construed to impose any
c;>bligati()ns upon the Owner to either the C()ntractor of his -Surety. In paying any unpaid.bills of
the Contractor, the Owner shall be deemed the ag~t of the Contractor, and any payment.so made
by the Owner shall be eonsidered 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
g()()d faith.
27. Acceptance of Final Payme.nt Consf.jtutes 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 fot all thin~·-done or furnished in connection
with this work and for every act and negl~t of~ Owner and others rel.tting to or ari$ing out o!"tbis
work. Ne;> 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 transpor:tation and µtility services not later than the 20th day of
the calendar month following that in which services are rendered, (b) for -aU materials, tools and
ATTACHMENT 7-1 (12)
other ~p¢ndable equipment to the extent of ninety percent (90%) of the cost thereof: nQt later than
the 201h day of the calendar month foUQwing that in which such mawnals, tools and equipment are
delivered at the site of the project, and the balance of the cost thereo~ not later than the 30th day
following the completion of that part ofthe work in or on which such materials, tools and equipment
ate incorporated ()T us~, and ( c) to each of his subcontractors, not later than the 5th day following
~h payment to the Contractor, the respective amounts allowed the Contractor on account of the
work perfonned by his subcontractors to the extent ofeach subcontractor's intere~ therein.
29. Insurance
The Contractor shall not commence work under this contract until he has obtained all the insurance
required under this paragniph and such insurance-has been approved by the Owner, nor shall the
Contractor allow any subcontractor to commence worlc 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 CompeJ}S8tion Insurance a,s required by ~licable 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 sub]et, the Contractor shall require the subcontractor similarly to provide
Workmen's Compell$.8tion Insurance. ln case any class of employees engaged in hazardous
work on the proj(x;t 1,lllder this contract is not protected under the Workmen's Compensation
Statute, the Contr.actor shall provide and shall cause each subcontractor to provide ad~uate
employer .. s liability insurance for the protection of such of his employees as are not othervvise
protected.
(b) Contractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance:
The Contractor shall procure and shall maintain during the life of this contract Contractor's
Public Liability Insurance, Contractor's Property Damage Insurance and Vehicle Liability
Insurance.
(c) Subcontractor's Public Liability and Property Damage Insunmce and Vehicle Liability
Insurance: The Contractor shall either (1) require each of his subcontractors to procure and tQ
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 Genenii Conditi9ns specified in subparagraph (h) hereof or, (2) insure the
activities ofhis policy, specified in subparagraph (b) hereof.
(d) _Scope of Insurance and Sp.edal Hazards: The Insurance required under subparagraphs (b) and
( c) hereof shall provide adequate protection for the Contractor and his subcontractors,
r¢spectively, against damage claims which may arise from operations under this CQntract,
whether such operations bel,y the insured or by ~yone ditedly or indirectly employed by 1rim
and, also against any of the special hazards which may be encountered in the performance of this
contta.ct 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 maintajn
Builder's Risk Insurance (fire and extended coverage) premiums during construction u,nless the
Contractor is required to provide such insurance; however, this provision shall not release the
C-0ntractor from hls obligation to complete, according to plans and specifications, the project
ATTACHMENT 7-1 (13}
covered by the contract, and the Contractor and his Surety$hall be obligated to full performance
of the Contractor's unde$king. ·
(f) Proof.of Carnage of Insurance: The Contractor shall furnish the Owner with certificates
showing the type~ amount, class of operations covered, effective dates and date of expiration of
policie$. Such certificates shall also contain substanti~y the following statement: "The
insurance covered by this certificate wilJ ·not be canceled or materially altered,.except after tcm
(10) days writt~n notice has beenreceive4 by the Own~:•
30~ Contract Security
For contracts in exces~ of $35,000, the Contractor shall furnish a performance bond in an amount at
least equal to one hundred percent (100%) of the contract prices as security for the faithful
performance of this contract and also a payment bond in an amount not less than one hundred
percent (100%) of the contract price or in a penal sum not less th$i that prescribed by State,
tetri.torial or local law, as security for the payment .of all persons perfomrilig labor on the project
under this contract and furnishing materials in c.onnection with this contract. The performance bond
and the-payment bond fili!Y be in one or in separate :instruments in accordance with local law. For
construction contracts under $35,000, the Local Public Body must require, consistent with RCW
39.08, a combined perfonnance and payment bond of not les$ than 25% of the contract~s price or
more than I 00% of the contract price to secure fulfillment of all of the: Cc,ntractor's obligations
im.der the contract and to assure payment of all persons supplying labor and m.aterials to the
Contractor. The amount of the bon<I, within these limits, may be fixed by general ordinance of the
Local Public Body.
31. Additional or Sl)bstitute Bond
If at any time the Owner, for justifiable cause, shall be ,or become dissatisfied with any surety or
sureties, then upon the Perfonnance or Pa~oot Bonds, the Contractor shall within five (5) days
after notice from the Owner to do so, substitute.~ acceptable bond (or bonds) in such fonn: and sum
~d signed by $UCh other surety or sureties as may be satisfactory to the OWner. The premiUllls on
such bonds shall be paid by the Contractor. No further payments shall be deemed dµe nor shall be
made until the new surety or sureties shall have furnished such an acceptable bond to the Owner.
32. Assignments
The Contractor shall not assign the whole or any part of this contract or any moneys due or to
become due hereunder without written consent of the Owner. In case the Contractor assigns all or
any part of any moneys due or to become due under this contract, the instrument of assignment shall
contain a clause substantially to the effect that-it is agreed that the right of the assignee in and to any
moneys due or to become due to the Contractor shall be subject to prior ciaim~ of all persons, ':firms
and corporations of services rendered or materials supplied for the perfonnflnce of the work c.allecl
for in this contract.
33. Mutual ResponSii>ility of Contractors
If: through acts of neglect on the part of the ContractQr, any other Contractor or any subcontract()r
shall suffer loss or damage on the work, the Contractor agrees to settle with such other Contractor or
subcontractor by agreement or arbitration if such other Contractor or subcontractors wil1 so settle. If
ATTACHMENT 7 ... (14)
such other Contractor or subcontractor shall assert any claim against the Owner on acco\lllt of any
dmn.age alleged«.> have been sustained, the Owner shall notify the Contractor, who shall indemnify
~d save hannless the Owner against any such claim.
34. Separate Contracts
The Contractor shall coordinate bis operations with those of other Contractors. Cooperation will be
required in the arrangement for the storage of materials and in the detailed execution of the work.
The Contractor, including his subcontract~ shalt keep informed of the progress and the detail work
of other Contractors and shall notify the Arclntect/Engiileer immediately of lack of progress or
defective workman$ip on the part of other Contraetors. Failqre of a Contractor to keep infonn«J of
the work progressin g 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 coonlination with his own work.
35.Subcontracting
(a) The Contractor may utilize the services of specialty subcontractors on those parts of the work
which, under norm.al contracting practices; are performed by specialty subcontractors.
(b) The Contractor shall not award any work to any subcontractor without prior written apprQval of
the Owner~ which approval will not be given until the Contractor submits to Ole Owner a written
statement concerning the proposed award to the subcontractor, which statement shall contain
such mfonnation 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 die
w-0tk to bind subcontractors to the documents-insofar as applicable to the worlc 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 ~ the Owner.
36. Architect/Engineer's Authority
The Architect/Engineer shall give all orders and directions contemplated under this contract and
specifications, relative to th~ execution <)f the work. The Architect/Engine$' shall determine· the
amount quality, acceptability and :fitness of the several kinds of work and materials which ar~ 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 fmal and
conclusive, except as herein otherwise expressly pt<;vided. In case any questions shall arise between
the parties hereto reJative to said contract or specifications, the deten:i:Jjnation 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 Atcltltect/Engineet shall decide the meaning and intent of any portion of the specifications and
of any pllUlS or drawin~ where the· same may be found obscwe or·be in dispute. Any differences or
conflicts in. regard to their work which may arise between the Contract-0r under tbis contract and
other Contractors perfonning work for the Owner shall be adjusted and determined by the
Architect/Engineer.
37. Stated Allowances
The Contractor shall include in. his proposal the cash allowance stated .in the Supplemental General
Conditions. The Contractor shall purchase the "Allowed Materials" as directed by the Owner on the
basis of the lowest and best bid of at least three competitive bids. If the actual price for purchasmg
the "Allowed Materials" is more orless than the "Cash Allowance," the contract price shall be
adjusted accordingly. The adjustm~t in con~~ prfoe 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 "Ailowed Materials" shall be included in the applicable sections of the
Contract Specifications covering 1his worlc.
38. Use of Premises and Removal of Debris
The Contractor expressly undertakes at his own expense:
{a) To take every precaution against injuries to persons or dfJDlage to property;
(b) To store his apparatus, materials, supplies and equipment in such orderly fashion at the work site
of the work as will not unduly interfere with the progress of his work or the work of any other
Contractors;
( c) To piace '4pon the work or -any part thereof only such loa¢; as are consistent with the safety of
that portion of the work;
(d) To clean up frequently all refuse, rubbish; scrap materials and debris caused by his openitions, 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 surplusmat~al. false--work, temporary structures, including
· foµndations thereof: plant of any description anc:I debris of every nature resulting from his
operations, and to put the site in a neat, orderly-condition; and
(f) To effect all cutting, fitting_ or patching of his work required to make the same to c.onfonn to the
plans and specifications and, except with the consent of the Arcltltect/Engineer, not to cut or
otherwise alter th~ worlc of any other·contractQt4
39. Quantities of Estimate
Wherever the estimated quantities of work to be done and materials to be furnished under this
coi;¢ract are shown in any of the documents, including the propc)sa.1, they are given for use in
comparing bids an,d the right is e~ally r~.ed excq;t, as herein Qtberwise specifically limited,
to increase or diminisbthem 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
da'Plages.
ATTACHMENT 7-1 (16)
40. Lands and Rights-of-Way
Prior to the start of construction, the Owner shaJJ obtain all lands and rights-of-way necessary for the
carrying out and completion of work to be perfonned under this contract. Any property ac.quisition
shall comply with Title II and III of the Uniform Relocation Assistance and Real Property
Acquisition Policies of 1970 (42 U.S.C. 4630).
41. General Guaranty
Neither the final certificate of payment nor any provision in the Contract Documents, nor partial or
entire occupancy of the premises by the Owner, shaU constitute an aoceptance of work not done in
accordance with the Contract Documents or relieve the Contractor ofJiabiJity in respect to any
expressed \Y.ari'anties or responsibility for faulty materials or workmanship. The Contractor shall
remedy any defects in the work and pay for any damage to other work ~lting 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 obseJVed defects with reasonable promptness.
42. Conflicting Condjtions
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 Servi~ 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 worlc.
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 shalJ be read and enforced as though it were included
herein, and. if through mistake or otherwise any su~h 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 responst°ble 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
bJJilding and construction codes, in addition to ~fi~ safety and health regulations described by
Chapter XIII, Bureau of Labor Standards, Department of Labor, Part 1 S 18, 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 detemrine to be
reasonably necessary.
ATTACtlM~NT 7.f (17)
46.-Subcontracts
the Contractor will insert in any subcontracts the Federal Labor Standards Provisions contained
h~ and such other clauses as the Department of Housing and Urban Development or Owner-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 furthet 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 adinitted to any share or
part of this contract or tU any benefit that may arise ~from, but this provision shall not be
construed to extend to this contract if made with a corporation for its g~c,781 ~efit.
48. Other Prohibited Intereffi
No official of the Owner who is authorized in such capacity and on behalf of the Owner to negotiate,
make, accept or approve, or to take part in negotiating, making, accepting, or approving ~y
architectural, engineering, inspection, construction or m~al supply become directly or indirectly
interested personally in this contract or in any part hereof. No officer, employee, architect, attorney~
engineer or inspector of ot for the Owner who is authorized in such capacity and on behalf of the
Owner to exerci.se any ll;'gislative, ex,¢cotive, supervfSOry or other similar functions in connection
with the construction 9f the project, shall beco_nie directly or indirectly interested personally in this
contract ~r in any part ther-eot any material supply oon~ct, subcontract, insurance contract, or any
other contract pertaining to the project. No officer or emptoyee of the Washington State Department
of Community, Trade and Economic Development or the Owner shall receive any personal or
pecuniary gain or nitere.s.t, direct or indirect, 1n any con~ct or subcontract, ot the proceeds th~eot:
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 fomial
~tance 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 cllargeable with Uiiwarranted delay in finw. cleanup of
punch list itenis or other coi:ttract requirements;
(b) Secures endorsement from the.iDSQrance~carrier and consent of the surety pemritting occupancy
of the building or use of the project during the remaining period of construction; or
(c) When the project consists of more than ottQ building, and c>ne of the buildings is occupied,
· s~es permanent fire and ex«mded covera~ insurance, it_1cluding a permit to complete
construction. Consent _of the surety m~ also be obtained.
50. Photographs of the Project
If required by the Owner, the Contractor shall furnish photographs of the project.
ATTACHMENT 7 .. 1 (18)
51. Suspension of Work
Should the Owner be prevented or enjoined from proceeding with work either before or after the
start of construction by reason of any litigation or other reason beyond the controJ 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 tjme Jost by such delay with sucb determination to be set forth in writing.
Note: Items 52 -66 are omitted.
67. Ineligible Subcontractors
The C.Ontractor shall not subcontract any part of the work covered by this Contract OT pennit
subccmtracted work to be further subcontracted without the Local Public Agency's or Public Body's
prior written approval of the subcontract()t. The Local Public Agency or Public Body will not
approve any subcontractor for work covered by this contract who is at the time ineligible under the
provisions of any applicable regulations issued by the Secretary of Labor, U. S. Department of
Labor., the Secretary of Housing and Urban Development, or state of Washington to receive and
award of such subcontract.
68. Provisions to be Included in Certain Subcontracts
'The Contractor shall include or cause to be included in each subcontract covering any of the work
covered by this Contract, provisions which are consistent with. these Federal Labor Standards
Provisions and also a clause requiring the subcontractors to include such provisions in any lower tier
requiring such insertion in any further subcontracts that may in tum be made.
69. Breach of Foregoing Federal Labor Standards Provision
In addition to the causes for termination of this Contract as herein elsewhere set forth, the Local
Public Agency or Public Body reserves the right to terminate this Contract if the Contractor or any
subcontractor whose subcontract covers any of the work covered by this Contract shall breach any of
these Federal Labor Standards Provisions. A breach of these Federal Labor Standards Provisions
may also be gro.unds for debarment as provided by the applicable regulations issued by the Secretary
ofLabor, U.S. D~ent of Labor.
70. Employment Practices
The Contractor (I) shall, to the greatest extent practicable, fullow 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 OT cause to be inserted the same provision in each construction
subcontract.
71. Contract Term~tion; Debarment
A breach of Section 45 and the Federal Labor Standards Provisions may be grounds for termination
of the Contract, and for debarment as provided in 29 CFR 5.6.
72. Federal Labor Standards Provisions (Paragraph 72, HUD 4010) (Follows Paragraph 84.)
ATTACHMENT 7-1 (19}
73. Compliance With State Prevailing Wage Requirements (RCW 39.12)
Before,any payment.is made of any swns due under this Contra~ the Local Government Body must
receive from the Contractor and each subcontractor a copy of the "Smtement of Intent to Pay
Prevailing Wages'' approved by the Washmgton State Department of Labor and Industries. Also
following the acceptance of the project, the Local Government Body must receive. ftom the
Contractor and each subcontractor a copy of the "Affidavit of Wages Paid" approved by the State
Depaqment 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 shaU be considered incidental to
the construction and alf 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 P8crticipation i~
be denied the benefits of, or be subjected to· discrimination under any program or activity receiving
Federal financial assistance. (Public Law 88-352, Title Vfofthe Civil Rights Act of 1964, 42
U.S.C. 2000d et. seq.)
75. Section I 09 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 Qrigin, 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
p~cipation (including employment), denied program benefits, or subjected to discrimination under
any program or activi~ 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 worlc to be performed under this Contract is on a pmject assisted wider a program providing
direct Federal financial assistance from the Department of Housing and Urban Development and
is ~object to the requirements of Section 3 of the Ho~g and Urban Development Act of 1968
as amended, 12 U.S.C. 1701 u. Section 3 requires that to the greatest extent feasible
opportunities for training and employment be given lower income residents of the project area
ATTACHMENT 7-1 (20)
and contra~ for work in connection with the project be awarded to busin~ss concern$ which are
located ip., 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 Uib@ll ~elopment ~ forth m 24· CFR
Part 135, an<J all applicable rules and Qrders oftbe Office issued theramder prior to the
execution of this Contract. The parties to this contract certify and agree th~t they are under no
contractual or other disability which would prevent them from complying with these
requirements;
(c) The Contractor will send to each labor organization or representative of workers with which he
h~ a collective bargainjng agreement or other contract or understanding, if any, a notice
advising the said labor organization or workers' representative of bis commitments under this
Section 3 clause and shall post copies of the notice iri conspicuous places available to employees
and applicatlts fur employment or training;
(d) The Contractor will include in this Section 3 clause (paragraphs a-e ), verbatim in every
subcontract for work in connection with the project and will, at the direction of the applicant for
or recipient of Federal flnandaJ assistance, take appropriate action pursuant to the subcontract
upon a finding that the subcontractor is in violation of r~ations issued by the Secretary of
Housing and Urban Oevelopment, 24 CFR Part 13,5, The Contractor will not subcontract with
any subcontractor where it has notice or knowledge that the latter has been found in violation of
regulations 1D1der 24 CFR Part 135 and will not let any subcontract unless the subcontraetorhas
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 1-35, and
all applicabie rules and orders of the Department issued hereunder prior to the execution of the
Contra~ 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 88$igns. Failure to :fulfill
these requirements shall subject the applicant or recipient, its contractors and subcontractors, its
successors and assigns to those sanctions specified by the grant or loan agreement or contract
through which federal assistance is provided, and to such sanctions as are specified by 24 CFR
Part 135. (Section 3 of the Housing and Community Development Act of 1968, 12 U.S.C.
170/u).
79. Executive Order 11246. Equal Opportunity Clause.
During the performance of this Contract, the Contractor agrees as follows:
(a) The Contractor will not discriminate against any employee or applicant for employment because
ofrace, color, religion, sex ornational 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 orig1n. Such action shall include, but not be
limited to the following: enipioyment, upgrading, deniotion or transfer; recruitment <>t
r(lCJ"Uitment ~dvertising; layoff or termination, rates of pay or otha forms of cornpensati<m.; and
selection for training, including apprenticeship. The Contractor agrees to post m conspicuous
places, available to employees and applicants for employment, notices to be provided setting
forth the provision of this nondiscrimination clause;
ATTACHME,NT 7-1 (21)
(b) The Contractor will, in all solicitations or advertisement for employees placed by or on behalf of
the Contractor, state that all qualified applicants will receiv~,consideration without regard to
race, color, religion, sex or nationaj origin;
{ c) The Contractor will send to each labor union or representative of"workers with which he has a
collective bargainfug agreement or other contract or-understanding, a notice to be provided by
the Contract Compliance Officer advisingthe said labor union Qt workers' representatives of the
Contract<lT' s commi1Jllent under this ~tlon, and :Shall post copies of the notice in conspicuous
plooes available to employees and applicants for employment;
( d) The Contractor will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations and relevant ord.ets of the Secretary of Labor; ·
( e) 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 ace<)unts by the Departnient and the
Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations and orders;
(t) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this
Contract or with ~y of the said ru1es, regulations·or orders, this Contract may b~ canceled,
terminated pr suspended in whole or in part and the Contractor may be decla:reQ ineligible for
further government contracts in accordance with proc.edures authorized in Executive Order
11246 of September 24, 1965 or by rule, regulation or order of the Secretary of Labor, or as
otherwise provided by law; and
(g) In the evept of the Contractor~s noncompliai;lce with the µ.ondiscrimination clauses oftbjs
Contract or with any of the said rules, regulations or orders, ibis Contract may be canceled,
terminated or suspended in whole or in part and the Conttactormay be declared ineligt'ble for
further goveniment contracts fu accordance with proc.edures authorized in Executive Order
11246 of September 24, 1965, so that such provisions will be binding upon each sulxx>ntractor or
vendor. The Contractor will take such action with I'¢SpeCt t•. any subcontract or purchase otder
8$ th~ Department may direct as a means of enforcirtg such provisions, including sanctions for
noncompliance. Provided, however, that in the event a Contractor becomes mvo1ved in, or is
threatened with, litigation with a subrontractot or vendor as a result of such direction by the
Oepartment, the Contractor may request the United States to enter into such litigati® to protect
the interest of the United States (Section 2()2 Equal Opportunity Clause).
'80. Executive Order 1124.6. Segregated facilities.
A prime Contractor or subcontractor m'1$t ensure that facilities provickxl for employees ar~ provid¢d
in sucJi a mailner that segregation on the basis of raJ;e, color, religic,n or nati-Onal origin ecmnot re$11t.
81. Executive Order 11246. Notice Requirement for Affirmative Action.
(a) The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause;, and the
"Standard Federal Equal Employment Opportunity Construction Contract Specifications" set
forth herein.
ATTACHMENT 7-1 (22)
(b) The Goals and timetables for minority and female participation, expressed in percentage terms
for the Contractor's aggregate work force in each trade on all construction work in the covered
area, are as follows:
Timetables Goals for
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 Opportunity Clause, specific affirmative action
obligations required by the specifications set forth in 41 CFR Part 60-4.3( a), and its efforts to
meet the goals established for the geographical area where the contract resulting from this
solicitation is to be performed. The hours of minority and female employment and training must
be substantially uniform throughout the length of the contract and in each trade, and the
Contractor shall make a good faith effort to employ minorities and women evenly on each of its
projects. The transfer of minority or female employees or trainees from Contractor to Contractor
or from project to project for the sole purpose of meeting the Contractor's goals shall be a
violation of contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance
with the goals will be measured against the total work hours performed.
(c) The Contractor shall provide written notification to the Director of the Office of Federal Contract
Compliance Programs within ten (10) working days of award of any construction subcontract in
excess of $10,000 at any tier for construction work under the contract resulting from this
solicitation. The notification shall list the name, address and telephone number of the
subcontractor; employer identification number; estimated dollar amount of the subcontract;
estimated starting and completion dates of the subcontract; and the geographical area in which
the contract is to be performed.
( a) As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is
the City of Pasco, within the Kennewick Pasco Richland Metropolitan Statistical Area (MSA).
82. Executive Order 11246. Standard Federal Equal Employment Opportunity Construction Contract
Specifications.
(a) As used in these specifications:
(1) "Covered area" means the geographical area described in the solicitation from which this
Contract resulted;
(2) "Director'' means Director, Office of Federal Contract Compliance Programs, United
States Department of Labor, or any person to whom the Director delegates authority·
ATTACHMENT 7-1 (23)
(3) "Employer identification number" means the Federal Social Security number used on the
Employer's Quarterly Federal Tax Retµm, U. 8. 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 (alf persons of Me~foan, Puerto Rican., Cuban, Central or South American or
other Spanish Culture or origin, reF.dless of race);
-Asian and Pacific Islander (all persons having .origins in any of the oijginal 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 afllictions through
membership and participation or community identification).
(b) Whenever the Contractor, or any subcontractor at any tier~ subcontracts a portion of the work
involving an.y construction trade, it shall physically include in each subcontract in excess of
$10,000 the provisions of these specifications and the notice which contains the applicable
goals for minority and female participation and which is set forth in the solicitation from
which this Contract resulted.
(c) If the Contractor is participating (pursuant to 41 CFR Part 60-4.5) in a Hometown Plan
approved by the U. S. Department of Labor in the coveted area either individually or through
an associatio~ its affinnative action oblig®.0!1$ on all work in the plan area (includitig 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
compltance with the provisions of any such Hometown Plan. Each Contractor or
subcontractor participating in ~ approved plan is individually required to comply with its
obligations under the EEO clause, and to make a g90d faith effort to achieve ~h goal unAer
the plan in each trade in which it has employees. The over.all good faith performance by
other contractors or subcontractors toward a goal in an approved plan does not excuse any
covered Contractot'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
p~graphs 7a through 7o 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 a,nd female util@tit:>n the Contractor should ~on.ably be able to
achieve in each construction trade in which it has employees inthe oovere<J area. The
Conttactor is expected to make substantially onifonn progress toward its g()als in each craft
during the period specified. Covered construction contractors performing oontracm in
geographical areas · where they do not have a federal or federally-assisted construction
contract s~I apply the minority~ fetnaJ.e· goals established for the geographic -area where
the Contra¢! is being performed. Goals arc published periodically in the f egeraJ Register in
notice form and such notices may be obtained ftom any Federal Contract Compliance
Ptogtams office ot-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 failme 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, Executi~ Order
11246, or the regulations promulgated pursuant thereto.
(t) ln 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 mtining peri~ and the Contractor must have made a commitn.rent to employ the
apprentices and train~ 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 ~any 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 cUITellt 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 n~es, addresses and telq,hone numbers of each minority
or female referral from a unio~ a recruitment source or community organization and of
what ctction 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 h~ not referred to the
Contractor a minority person or woman sent by the Contractor, or when the Contractor
has other infonnation that the union referra.) 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) Dissemi~te the ContractQr'~ EEO Policy byprQViding•notie(}ofthe policy to unions-and
training programs and requ®ng their cooperation in assisting the Contractor 1Jl meeting
its EEO obligations; by includin_g it in any policy manual and coltective bargaining .
agreemrnt; by publicizing it in the company newspaper, annual report, etc.; by specific
review-of the P()licy with all m$1agement p~onnel and with all minority and female
employees at least on~ a yecir; :and by po~ng th¢ company .EEO policy on bulletin
boards ~ble to all employees at each location where construction work is
performed;
(7) Review, at least annually, the company's EEO policy l,Uld affirmative action obligations
under these specifications with all employees having .any responsibility for hiring,
assignment, layoff: termination or otlier cmiployment decisions, including specific review
of these items with on-site supervisory personnel such as Superint.endents, 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 dispo~tion 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 femaie news media, and providing
written notification to and discussing the Con~or;s EEO policy with other contractors
and subcontractors with whom the Contractor does or anticipates doing business-;
(9) Direct its recruiunent efforts, both oral and written, to minority, female and community
organizations, to schools with minority and female students, and to minority and female
rectuiµnent and trai~ organizations serving the Contractor,; s recmitment area and
employment needs. Not later than OJle month prior to the date for the acceptance of
applications for apprenticeship or other trainiBg by any recruitment somce, the
Contractor shall send written notification to organizations such as the above, descnoing
the. openmgs, screening procedures and tests to be used in the selection process;
(I 0) 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 aU 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 promotion~ opportunities and encourage these e111ployees to see,k or to
prepare for1 thrQugh appropriate training, etc., such opportunities;
(13) Ensure that seniority practices, job classifications, worlc 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
o:r single-user toilet and necessary changing facilities shall be provided to as~ prjvacy
between the sexes;
(15) Docmnent and maintain a record of all solicitations of offers for subcontra~ fj:Qm
minority and female construction Contractors and supplieJs, inclUdiilg circul~tion of
solicitations to minority and female contractor associations and other business
obligations; and
(16) Conduct a review, at least annually, of al) supervisors' adherence to and performance
under the Contractor's EEO policies ~d affinnative action obligations.
(h) Contractors are encouraged to participate in voluntary associations, which assist in fulfilling
one or mote of their affirmative action obligations (7a through 7o ). The efforts of a
contractor association, joint contractor-union, contra:ctor-commUnity, or other similar groups
of which the Contractor is a member and participant, may be asserted as fulfilllng any one or
more of its obligations under 7a through 7o 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 m,inority $Dd female work
force participation, makes a good faith effort to meet its indiyidua} goals and timetables, and
can provide access to documentation which demonstrates the effectiveness of actions taken
on behalf of the Contractor. The obligation shall not be a defense for the . Contractor's
noncompliance.
(i) A single goal for minoriti~ and a separate single goal for women have been established. The
Contractor~ however, is required to provide equal employment opportunities and to take
affirmative action fur all minority groups, both male and female, and all women, both
minority and non-minority. Consequently, the Contractor ina)' be in violation of the
Executive Order if a particular group is :employed in a substantially disparate manner (for
example, ev(m. though the Contractor has achieved its goals for women generally, the
C.Ontractor may be in violation of the .Executive Order if a specific minority of women is
under utilized).
(j) The Contractor shall not use the goals and timetables or affirmative action standards to
discriminate against any person because of race, color, religion, sex or national origin,
(k) The Contractor shall not enter into any subcontract with any person or firm debarted from
government contracts pursuant to Executive Order j ·1246.
0) The Contractor shall carry out such sanctions Md penalties for violation of these
specifications and of the Equal Opportunity Clause, including suspension, termination and
cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive
Order 11246, as amend~, and i~ iinpJetnenting regulations, by the Office of Fedend
Contract Compliance Programs, Any Contra~or who fails to cany out such sanctions and
penalties shall be in violation of these specifications and Executive Order 11246, as
amended.
ATTACHMENT 7 •I (27)
(m) The Contractor,, in fulfilling its obligations under the$e specifications, shall implement
specific affirmative action steps, at least as extensive llS those standards prescribed in
paragraph 7 of these specifications, so as to achieve maximum results from its efforts to
ensure equal employment opportunity, If the Contractor fails to conwly with the
requiremelits of the Ex«utive Order, the implementing regulations or these specifications,
the Dir~or shall proceed in accordance with 41 CF,R Part 60-4.8" ·
(il) The Contractor shall designate a responsible official to monitor all employment related
activity to ensure tbat the company's EEO policy is being cartied out, to submit reports
relating to the provisions hereof as may be required by the government and to keep records.
Records shall at .least include for each employee the name; address, telephone numbers,
construction trade, union affiliation, if~. employee identification nwnber when assigned,
social security number, race; sex, status ( e.g.~ mechanic; apprentice trainee1 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 mai:ntainoo in an easily
und~tandable and retrievable form; however, to the degree that existing reconls satisfy this
requirement, Contractors shall not be requiroo to maintain separate records.
(o) Nothing herein provided shall be construed as a limitation upon the application of other law~
which establish different standards. of c-Qmpliance or upon the application of requirements for
the huing of local or other .area r~idents (e.g., those under the Public Works Employment
Act of 1977 and the Comnnmity 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 p:r;ovisiQns of this title, nQ 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 Projeci or Program to which the construction work
covered by this contract pertains is being assisted_ by the
United Sta.tes of America and the followi ng Federal Lab.or
Standards Pr-ovisions are included in this Contrac.t
pursuant to the provisions applicable to such Federal
assistance.
A. 1. (i) Minimum Wages. All laborers and mechanics
erriph;,yed or working u1>on fhe site of Ute work, wilt be i,ald
unconditionally and not less often than once a week, and
wllhout subseq.uent deduction or rebate on any ac;co~nt
(ex-cept such payroll deductions ai; are permitted by
regulations issued by the Secretary of labor under the
CopeJand Act (29 CFR Part S), tire full amount of wages
a.nd bona fide fringe benefits (or casn 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 contracJor and
s11c.h laborers and mechanics. Co11l(il~utions made or
costs reasonably anticipated for bona fide fringe lrerrefits
under Section r(b)(2) of the Davis-Bacon Act on behalf of
laborers or mechanics are consi(lered wages paid to such
laborers or me<:tianics, subject to the provisions of 29 CFR
5.5(a)(1}(iv); ;tlso, regular c;:ontribu:tions made or costs
incurred for more than a. wee.kly period (but not less often
than quarterly) ~nder plans, fu·nds, or pro-grams, which
cover the particular weekJy period, are deemed to be
constructively made or incurred during such weekly j)erio~.
Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on th~ ·wage determi11ation
for the classifjCation of work actually performed, without
regard to skill, except as pr-ovidea in 29 CFR 5.5(a)(4).
Laborers or mechanics performing wort in more than one
ctassification may be. compem~ated at the rate spec.ified foi
each ctassification for the time actually worked therein:
Provided, That the empl-0yer's payroll records accurately
set forth the time spent il'I 1µ1ch ciassification in whlcti
work is i>erformed. The wage determination (including any
additional classl.f"rcalion and wage rate$ contormed under ,9 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 i,.nd
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 det_erinination ·and which is to ~
employed under the contract shall be classified . in
conformance with the wage determination. HUD shall
approve an additional clas.sificalion anci w~ge rate and
fringe benefits therefor only when the folJowing criteria
have been met:
U.S. Department of Housit:19
and Orban Development
Office of labor Relations
(1) The wort to be performed by the classification
reques~ed is ,iot performed by a classlfication in the wage
determination; an d
(iJ The ~ssifioation is utilited in the area by the
~nstruction jndustry; and
(3) The proposed Wa{Jt rate, including any bona fide
fringe benefits, bears a reasonable relationship to the
wage rates contained In the w~ge determination.
(b) If the contractor and the laborers end mechanics to be
employed •in the ciasslflcation (if known), or their
representafrves. and HUD or its d•signee agree on the
classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report
of the action taken shail be sent by HUD or lts designee to
IJ)e Administ~~r of the Wage and Hour Division,
Employment Standards Administration, U.S. Department of
Labor, Washington. D.C. 20210. The Administrauir, or an
authorized reptes~ntatlve, will approve, modify, or
disapprove every additional ciassificatlon action within 30
days of rec~pt an(1 so advise HUD or its designee or will
notify HUD or its designee within the 30-day period that
additional lime is necessary. (Approved by the Office of
Management an~ Budget under 0MB control number 1215·
0140.)
(c) In the event the contracto.r, the laborers or mechanics
to be employed in the clas11-ification or their
represeolatives. a_nd HUD or its designee do not a9ree on
the propo sed -classHication 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 ib designee, to the Administrator for
determination. The A~ministrator, or .an a .uthorized
representative, will issue a determination within 30 days of
rec~ipt ancJ s .o advlse HUD or its desi1:1nee or will notify
HUD or its desrgnee within the 30-day period that
additiorial time is necessary, (Apptoired by the Office of
~anagement and Budget under 0MB Control Number
1215-0140.)
(d) The wage rate (including fringe benefits where
appro.prrate) determined pursuant to subparagraphs
(1)(ii)(b) or (c) of this paragraph, shall be p~id to all
workers performing work in the classification under this
contract from the fin;t day on which work is performed in
the CltlS$iflG&tlon.
(iii) Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics inctud.es a ·
fringe benefit which is not. eicpressed as an hourly r~te. the
contractor shall either pay the beilefit as stated in the
wage determrnation or shall pay another bona fide fringe
benefit or an hourly cash equivaJent thereof.
(iv) If the contractor does not make payments to a trustee
or o1her third person, the · contractor may consider as part
Page 1of5
furm HVD-4010 (0612009)
ref. Handbook 1344.1
o.f the wages of any lah.~rer or mecha.nic the amount of any
costs r~1:1s9nably antU;ipate.d in providing bona fide fringe
benefits under a plan or program, Provided . That the
Secretary -of Labl>r has fo1,1nd, upon the written request of
the contractor, ttiat the applicii!~le ~.ta_ndards of the Davis-
Bacon A-ct have been RM!t. The Secretary of Lab.or may
require the cQntractor to set as~e in a separate account
asse~s {ot' the meet)ng of Obligations under the ~Ian or
program·. (Approved by the Office of Management .and
Blldget under 0MB Control Number 1215~0140.)
2. Withbotding. Hl,.1O or its designee stiaU up~n its own
actiO'n or upon written request of ail authorized
representative of the Department of labor withhold or
c_ause to be withheld from the conlractOf under this
·contract or any other Federal contract with the same prime
contractor, or any .other Federally-assisted contract
subject to_ Davi$-Bacon imwamng wage requirements,
which Is held by the same prime contractor so much of the
accrued payments or advances as may be c.onsidered
necessary to pay laborers and mechanics, including
apprentices, trainees and helpers, employed by the
centractor or any subcontractor the full amount of wages
required by the contract fn the -event of failure to pay any
labor-er or mechanic, including any apprentice, trainee or
Mlper, employed or working on the s-Ue of the work, all. or
par-t of the wages required by the contract, HUD or its
designee may, aftei written noth:e to the contractor,
sponsor. applicant, or owner. take such action as may be
nec.essary to cause th_e suspension of any further
payment, advance, or guarantee of funds until such
violations have ceased . HUD· or its deslgnee may, after
written notice to the contractor, disburse such amounts
withheld for and on account of the contractor or
subcontractor to the res-pective emplc,yees to whom they
are dcUe.. The 9omptroller General shall make such
disbursements in the case of direct Davis-Bae.on Act-
contracts.
3. {i.) Payrolls an.d baste records.. Payrolls -and basic
records relating· thereto shall be maintained by the
contractor durin.g the course of th·e work preserved for a
period of three year.s thereafter for all laborers aod
mechanic,s working at the site of the work. Such records
shall .contain ttie name, address, and social security
n.umber of each such worker, his or her correct
tlasslfic;atiop, hourly rates of wages paid (inc!tiding t~tes
oi oontiibutiori-s or costs anticipated for bona fide fringe
benems_ or C.ash equivalents thereof of the types de$'crlbed
in Seciio!'I l(b)(2)(B) of the Davis-bacon Act). daily ~n:d
weekly number of -hours worked, ded·ucti-ons made and
a.clual wa.ge-s paid . Whenever the Secretary of Labor h-as
found ~nc;ler 2-9 CFR 5.5 (a)(1)(iv) that the wages of any
taborer ot mechanic include the amount of any costs
reas-on.ably ~ntl~pated in providing l)enefits under a plan
or prog_ram 4escribed in Section l(b)(2){B) of the Da-vis-
Bcacon Act, 'the contractor shaH maintain records which
show that the commitment to pro¥ide s1.1ch benefits is
enfor.c;_eabte, that th~ plan or program is financially
responsible, and that the plan ot program has been
comm~_nicated in writin_g to the laborers or mechanics
~ffected, anil record$ wriicfl show ~he costs anticipated or
the actual cost incuued lri providing such benefits.
Contractors employing apprentices · or tralne~s und~r
approv~d progra.!1'1$ shall maintain written evidence of ltie
registration of appre·nticeship programs and certification of
trainee prQgra~. the r~istradon of the apprefiiice~ and
trainee~. and th~ ratios and wage rates pres<:ri,bed in the
applicable progrems. (Approved by the Offlc.e of
l,1anagement and Budget under 0MB. Contr.p'I Numbers
1215-0140 and 1215-0'017.)
(ii) (a) The contractor shall submit weekly for each week
in which ~ny c~,ntracf work is performed a .copy of all
payrolls to HUD o~ its designee if the agency Js a 11,rty to
the contract, but if the agency is not such a p-arty, the
contractor will submit the payrolls to the applicant
sponsor, or owner, ~s the case may be, for transmi$1ilon to
HUD or its designee. The pa_yrolls submitted shall set out
accurately and complete,r all of the ln&lrmatlon required
to be maintaine~ under 29 CFR 5,5.(a)(3)(i) except that full
social security numbers and home addresses shall not be
included on weekly transmittals . ltistead the payrons shali
only need to Include an indi-vidually identifying ~umber for
each employee (e.g., the last four digits of the emp1oyee•s
social security number.). The required weekiy payroll
information may be submitted in any form desired.
Optional Form WH-347 is available for this purpose from
the Wage and Hour Division Web site -at
http:ltwww.do1.oovlesa/whd/formslwh347instr.htm or its
successor site. The -prime contractor is responsible for
the submission of ·copies of payrolls by all s1Jbcontractors.
Contractors and subcontr-actors -shaH maintain the full
socia·1 security number a·nd currei1J address of each
coveted worker, and shall provide tbem up·on request · to
HUD or its ~esignee if the agency is a party to tb _e
contract, but if the agency is not such ;:i-party, th.e
oontractor will subtnit tne payrolls to the applicant
sponsor. or owner. as tfle case may b:e. for tr;ms!llission to
HUD or its designee, the contractor~ or t.fie Wage and Hour
Divrsion of (he Depa·rtment of labor for purposes of an
inves~gation or audit pf compliance with. pre-vailing wage
requirements. It is not a violation of this subpatffraph for
a prime contractor to require a subcontractor to provide
addresse$ and social secvrity numbers to the-prlme
contractor for its own records. without weekly submission
to HUD or its designe.e. (Approved by the Office of
M@nagement and Budget under OMS Control Number
12'1~-0149)
(b} -Each paytoll submitted shall be accompanied by a
"Statement of Compliance;· signed by the contr;1ctor or
subcontra_ctor Qr his or her agent who pays or superyil>e$
the payment of the persons empJoyed undei" the contract
and stiall certify the followin.g:
(1) That the ·payroll for thee payroll period colit:aiils tbe
information required to be provided under 29 CFR 5.5
(a){3){ii), the ap.proptiate information Is being maintained
under 2-9 CfR 5.5(a){3)(i), and that such Information is
correct and complete·;
Page2of5
form. HUIMc,10 (06/2009)
ref. Handbook 1.34>1-1
<2) That each laborer or mechanic (incl,uding each h_elper.
apprenti~. and trainee) empioyed on the contract durin•g
the payroll period has been paid the f1,1II weekly wages
earned, without rebate, either directly or Indirectly, and
fhat no dectucticms have been made eit_her dire~ly or
indirectly frPfl'I the full wages earned, other than
permissible deductions as set forth in 29 CFR Part 3;
{3) That each labor~r or mechanic has been paid not less
tha n th& applicable wag~ r~tes and fringe benefits or cash
equivalents for the ctas:siflcation of wotk performed, as
specified in the applicable wage determination
ii'lcorpQrated lf\to the contract.
(c) The weekly submission of a properly executed
certification set forth on the reverse side of Optional f01'm
WH-347 shall salisfy the requirement for subhlission of the
·statement of Compliance· required by su~paragraph
A.3.(ii)(b).
(d) The falsification of any of the above certifieations l)'lay
.subject the contractor or subcontractor to civil or criminal
prosecution under Section 1001 of Title 18 and Section
231 of Title 31 of th_e United States Code.
(IU) Tbe contrac.tor or subcontractor shall rnake the
records required under subpa·ragraph A.3.(i) available for
lns-~cti~n. copying, or transcription by authorlze:td
representatives of HUD or its designee or the Department
of Labor, and shall permit such representatives to
Interview empioyees during working hours on the -job. If
the contractor or subcontractor fails to submit the req.uir.ed
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. Furtherm_ore, failure . Jo submit the
required ri'!cords upon r.e(luest or lo make such records
available may be grounds for debarment action p\lrsuant to
2, CFR ~-12.
4. Apprentices and Trainees.
(i) Apprentices. A_pprentices will be permitted to work at
leH than the predetermined r~te for the work t!Jey
performed when they are employed pursuant to and
individually registered in a bona fide apprenticeship
program registered with the U.S. Df;lpartmenl of L~or,
Empfoyment and Trainjng Administration, Office of
Ap-prenticeshlp Training, Employer and Labor Services, or
with a :$late Apprenticeship Agency re.cognized by the
Offi1:e, !)r If a person Is employed In his or her first "90
days 'Of probationary employm·ent 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 trai!ting, Employer and Labor
SeTVices 01 a State Appre-nticeshi_p Agency (wh.ere
appropriate) to be el.igible for probatiooary employment as
an apprentice. The allowable ratio of apprentices to
Jour~ymen on the job site in any craft classlfi~llon shall
not be greater than the ratio permittf.ld to th~ cont~etor as
to the entire work force under the registered program. Any
worke·r listed on a payroll at an apprentice wag.e rate, who
is not registered or otherwise employed as stated above.
shall be paid not less than Ute appJlc~ble w.age rate on _the
w.a·ge determination for the classification of work a<:tuaUy
perf.or~ed. I.n addition, any apprentice performing work on
the lob site in excess of the r~tio permitted under the
registered program shall be paid not less than the
applicable w.age rate on the wage determination for the
work act~ally performed. Where a contractor is performing
COflstruction on a project in a locality other than that in
which its program is registered. the ratios and .wage rates
(expr~ssed in percentages of the journeyman's houi"iy
rate) :specified in the contractor's or subcontractor's
registered pro9ram shall be observed. Every apprentice
must be p!lid at not less than the rate specified in the
registered program for the apptentice's levei of progress,
expr.essed as a percentage of the journeymen hourly rate
specified In the applicabl·e wage determination.
Apprentices shall be S,aid fringe benefits in accordance
wftb the provisions of the appr.enticeship program. If the
apprenticeship progra"1 does not specify fringe benefits.
a_pprentices must be paid the full amount of fringe benefits
liste-d on the wage determination for the applicable
ch,ssification. If the Administrator determines that a
differ.~mt practice prevails for the applicable apprentice
ciasslfication, fringes shall be paid in accordance with that
determination. l!'I the event the Offfoe of Apprenticeship
T,:aining, Employer and. Labor Services, or a State
Apprenticeship Agency recognized by the Offi&e,
wiiildraws approval of an apprenticeship program, the
contr_actor will no longer be per.initted to utilize
apprentices at less than the appricable predetermined rate
for the work performed until an acceptable program is
approved.
(U). Tr-ainees. Except as provided In 29 CFR 5,16.
trainees will not be· permitted to work a·t less than the
predetermined .rate for the w~r:k performed unless they aie
employed pursuant ·.to and Individually re.gls:terect in a
program which has rece1ved prior approval, e-videnced by
formal ~rtification by the U.S. Department of Labor,
Employment and Training Administration. The ratio of
trainees to journeymen on the job site shall not be grea.ter
tlu~!l permiUed under the plan approved by the
Employment and Training Administrat-ion. Every trainee
must be paid at JU>t less than the rate $pecified in the
approved pr.ogram for the trainee's level of progr~s.
expressed as a percentage of the journeyman hourly rate
specified in the appl.ical>le wage determination. Tr;iinees
sfl;ill be paid fT¾nge benefits in acCQrdarice with the
provisions of the trainee program. If the trainee program
does not mention fringe beoefits, trainees shall be paid
tile full am1:>unt of t;Inge benefits listed on the wage
determination unless the Administrator of the Wage and
Hour Division determines that there fs aq apprenticeship
program psoci~ted with ttie corresponding journey111_an
wage rate on the wa·ge determination which provides for
less tban full fringe benefits for apprentices. An_y
employee li.Jted on the payroll at a train.ee rate who is not
registere d and participating in a training ptan approved by
Page3of5
fonn HUD-4010 (~l
ref. Handbook 13+1.1.
the Employment and Training Administration shall be paid
not less t!lan the applicable wage rate on the wage
determination for the work a·ctually performed. In addition,
any trainee performing work on the iob site in exce.ss of
the ratio permitted under the registered program shall l)e
paid not les11 than the applicable wage rate on the wage
d4itermlnatiop for the, ~rt actually penormed-In the
event the Employment and Training Administration
withdraws approval of a training program, the cohtractor
will no longer be permitted to util~e trainees at less than
the appli-cable pre.determined 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 P~rt 5
shall t,e in conformity with the equaJ employment
oppor:tunity requirements of Executive Order 11246. as
amended, and 29 CFR Part 30.
5. Complianc;e with Copeland Act requ1rements. The
contractor shall comply with the requirements of 29 CFR
Pert 3 which are incorporated by reference in this contract
6. Subcontracts. The contractor or subcontractor will
insert In any subcontracts the clauses contained In
subpan,19raphs 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 a·pplicable
prev.ailing wage decisloo, and also a clause requiring the
s1.1bconlractors to include these clauses in any lower tier
subcontracts. The prime contractor shaU be responsible
for the compflance by a;my 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 ~s provided in 29 CFR
5.12:
8. Compliance with Davis-Bacon and Related Act Requirements.
AU rulings and lnterpretaUons of the Davis-Bacon and
Related Acts contained in 29 CFR Parts 1, 3, and 5 are
herein fn-corporated by reference In this contract
9. Disputes concerning labor standards. Disputes
arlsjng out of the labor standards provisions of this
&oi'ltrli!C_t shall not be subject to the general disputes
t.lause of this coptract, Sucti disputes shall be resQlved in
accordance with the procedures c>f the Department of
Labor set forth In 29 CFR Parts 5, 6, and 7 . Disputes
withln ttie meaning ·of this clau!je include disputes between
the contractor (or any of its subCQntractors) and HUP or
its designee, the U.S. Departm·ent of Labor. or the
employees or their representatives.
10. (i) Certification of EUglbllity. By entering into this
contract the contractor certUles that neither it (nor he or
she, nor any-perscm or firm who has an Interest in the
c.c>ntractor"s firm Is a person or firm Ineligible to be
awarded Gove_rnment contracts by vi~ue of Section 3(a) of
the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be
Previous e_dilions are obSolete
awarded HUD contracts or participate in HUD programs
pursuant•~ 24 CFR Part 24.
(ii) No part of this contract shall be subcontracted to any
person or firm ineligible for award of a Government
contr-act by virtue-of Section 3(~) of the O.vls-Bacon Act
or 29 CFR 5.12(a)(1) or to be awarded HUO contracts or
participate. in HUD pr:()fJrams pursuant to 24 CfR Part 2-4.
(iii) Tfie penalty for mat<ing fal!!~ st~temeJ'ts is pre$Cribed
in the U.S. Criminal Code, 18 U.S.C. 10.01. Additionally,
U.S. Crimfnal Code, Section 1 01 o. Title 18, U.S.C.,
•Federal f1ou$ing Administration transactions·, provides in
part: "Whoever, for t.he purpose of ... influencing In any
way the acticm of such Administration ..... makes, utters or
pu·blishes any statement knowing the same to be false .....
shall be fined not more than is,ooo or imprisoned ·not
more than two years. or both.•
11. Complaints. Proc9edlngs, or Testimony by
Employees. No laborer or mechanic to whom the wage,
salary, or· other labor standards provisions of this Contract
are applicable shall t,e djscharged or in any other manner
disCfiminated against by the Contractor or any
subcontractor because such employee has filed any
comp1aint or insJituted or caused to be instituted any
proceeding or has testified o; is about to testify in any
proceeding under or relating to the labor standards
appllc;at>le under ·this Contract to his employer.
B. Contract WOik Hours and Safety Standards Act. The
provisions of this paragraph B are applicable _where the amount of the
prime colllraq exc;eeds $100,000. As used In this paragraph, the
tenns "laborers· and "mechanics" include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor
CQntracting for ~ part of the oontract wol1c which may req!Jire or
involve the employment d laborers or mechanics shal require or
permit any such laborer or mechanic In any workweek in which the
individual is em~ Qr! such wof1c to work in excess of 40 tiour,s In
sucti workweek ""'8ss such laborer or mechlinic receives
compensation at a rate not less than one and one-half times the basic
rate of pay for al hours worked in &,COOS$ of 40 MUIS in such
workweek.
(2) Violation; liability for unpaid wages; liquidated
damages. In t~ event of any violation of the clau.se set
forth in s11bpa,ragraph (1) of this paragraph, the contfllctor
and any subcontractor responsible therefor sh~II be liable
for ttte unpaid wages. In addition, such contr-actor and
subcont!"3cto.r sha:11 be liable to the United States (in the
case of work done under contract for the Distric;t of
Columbia or a territory, to suGh District or to such
territory), for liquidated damages. Such liquldatt!d
dama~es shatl be computed with respett to each individual
laborer or m~chanlc, including watchmen and guards,
employed in vio)lllion of the cl._use set forth in
subparagraph (1) of this paragraph, in the sum of$10 foreach
calendaf day on which such individual was required or ~ 10
work in excess of the $tandald wortweek of 40 ~ without payment
of the overtime wages required by the clause set forth in sub
paragraph (1) of this paragraph.
Page4of5
form Hl,l~10 (06/2009)
ref. Handbook 1344.1
(3) Withholding .for unpaid wages and liquidated
damages. HUD or Its desl9nee shall upon Its own .action
or upon written request o.f an auttu~rized representative of
,he Department of labor withhold or cau.se to be wlAflheld,
from any moneys pa~able on account of wort perf9rmed by
·the c.ontr.actor or subcont_tacto.r tmder any such contract or
any 6ther Fe~eral contract with the same prime contc.act,
or any other Federally-assi$ted contract sub~~• to the
Contract Work Hours and S~fety Stand8Tds Act which is
held by the sall)e prime contractor such sums a.s may be
determined to be necessary to saUsfy any liabilities of
such contractor or subcontractor for unpaJd wages and·
liquldat-ed damages as provided In the clause set forth in
subpatagraph (2) of this paragraph.
(4) Subcontra cts. The contractor or sub®ntractor shaU
insert in any subcontracts the clauses set forth in
subparagraph (1) tmough (4) of this paragraph and also a.
clause r-equirin g the subcontractors to include these
clauses in any lower tier subcontracts. The prim,e
contracto"i' shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the cJauses
set forth in subparagraphs (:!) through (4) of thrs
paragraph.
C. HeaJth and Safe.~y. The provisions of this paragraph C are
appficable where the amoUDt of the prime contract ecceed~ $100.000.
(1) Ni> labon!"r or mechanic shall be required to work In
surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his he~lth .a.nd
safety as determi~d under construction s·afety -and health
standards prornulgated by the Secf'etary of Labor b_y
regulation.
(2) The Contractor shall comply with .all regulations
tssued by the Secretary of labor pursuant to Title 29 Part
19"26 and failure to comply ·may result in imposition of
sanctiQns pu,st;ant to the Contract Wo.rk Hours and Safety
Standards Act, (PubJlc Law 91~54, 83 Stat 96). 40 U§C
3101 et .seq.
(3) Th-e contractor shall include the provisions of this
paragraph in every subco·ntract so that such provisions will
be binding on each subcontractor. The contractor s~II
take such action with respect to any subcontractor ~s the
Secretary of Housing .and Urban Development or the
Secretary of labor shaU dire'Ct as a means of enfor-cin·g
such provision.s.
Previoos editions are obsolete
Page5of5
form HUIMO'IO (06/2009)
ref. Handbook 1344.1
SECTION 7
PREVAILING WAGE RATES
All work done on the project is subject to the
higher of the prevailing Davis-Bacon wage rates
and Washington State wage rates.
State of Washington, Franklin County
Federal Davis Bacon W A35
Contractors Preconstruction Checklist
(9-C, Labor Standard Contract Requirements)
Thursday, May 24, 2018
State of Washington
Department of Labor & Industries
Prevailing Wage Section -Telephone 360-902-5335
PO Box 44540, Olympia, WA 98504-4540
Washington State Prevailing Wage
The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate
of fringe benefits. On public works projects, worker's wage and benefit rates must add to
not less than this total. A brief description of overtime calculation requirements are
provided on the Benefit Code Key.
Journey Level Prevailing Wage Rates for the Effective Date: 5/24/2018
Jcount'II
--Trade Job Classification Wafl.e Holiday Overtime Note
!Franklin Brick Mason Journey Level $47.64 5A 1M
[franklin Camenters carpenters $43.90 5A 1B SN
!Franklin Cement Masons Journey Level $19.00 1
!Franklin Electricians -Inside Cable Splicer $63.18 5A 1E
jFranklin Electricians -Inside Journey Level $61.07 5A 1E
!Franklin Electricians • Inside Welder $65.28 5A 1E
!Franklin Glaziers Journey Level $13.80 1
:Franklin Hod Carriers & Mason Tenders Journey Level $39.69 7B 1M
!Franklin Laborers Air And Hydraulic Track Drill $38.70 7B 1M
!Franklin Laborers Asphalt Raker $38.70 7B 1M
!Franklin Laborers Asphalt Roller, Walking $38.43 7B 1M
!Franklin Laborers Brick Pavers $38.16 7B 1M
!Franklin Laborers Brush Hog Feeder $38.16 7B 1M
!Franklin Laborers Brush Machine $38.70 7B 1M
iFranklin Laborers Caisson Worker, Free Air $38.70 7B 1M
!Franklin Laborers Carpenter Tender $38.16 7B 1M
I Franklin Laborers Cement Finisher Tender $38.43 7B 1M
Franklin Laborers Cement Handler $38.16 7B 1M
I Franklin Laborers Chain Saw Operator & Faller $38.70 7B 1M
!Franklin Laborers Clean-up Laborer $38.16 7B 1M
Franklin Laborers Compaction Equipment $38.43 7B 1M
!Franklin Laborers Concrete Crewman $38.16 7B 1M
Franklin Laborers Concrete Saw, Walking $38.43 7B 1M
I Franklin Laborers Concrete Signalman $38.16 7B 1M
Franklin Laborers Concrete Stack $38.70 7B 1M
f Franklin Laborers Confined Space Attendant $38.16 7B 1M
jFranklin Laborers Crusher Feeder $38.16 7B 1M
jFranklin Laborers Demolition $38.16 7B 1M
!Franklin Laborers Demolition Torch $38.43 7B 1M
!Franklin Laborers $38.43 7B 1M
i
I
;
r
https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx Page 1 of4
Thursday, May 24, 2018
Dope Pot Fireman, Non-
mechanical I Franklin Laborers Driller Helper (when Required $38.43 7B 1M
To Move & Position Machine)
!Franklin Laborers Drills With Dual Masts $38.98 7B 1M
!franklin Laborers Dry Stack Walls $38.16 7B 1M
Franklin Laborers Dumpman $38.16 7B 1M i
Franklin Laborers Erosion Control Laborer $38.16 7B 1M
!Franklin Laborers Final Detail Cleanup (i.e., $36.06 7B 1M
Dusting, Vacuuming, Window
l Cleaning; Not Construction
Debris Cleanup)
Franklin Laborers Firewatch $38.16 7B 1M
!Franklin Laborers Form Cleaning Machine $38.16 7B 1M
! Feeder, Stacker i
Franklin Laborers Form Setter, Paving $38.43 7B 1M
,Franklin Laborers General Laborer $38.16 7B 1M
!Franklin Laborers Grade Checker $40.69 7B 1M
!Franklin Laborers Grout Machine Header Tender $38.16 7B 1M
jFranklin Laborers Guard Rail $38.16 7B 1M
!Franklin Laborers Gunite $38.70 7B 1M
!Franklin Laborers Hazardous Waste Worker $38.98 7B 1M
(level A) I Franklin Laborers Hazardous Waste Worker $38.70 7B 1M
(level B) !
'Franklin Laborers Hazardous Waste Worker $38.43 7B 1M ;_
(level C)
1Franklin Laborers Hazardous Waste Worker $38.16 7B 1M
(level D)
!Franklin Laborers Hdpe Or Similar Liner Installer $38.16 7B 1M
!Franklin Laborers High Scaler $38.70 7B 1M
!Franklin Laborers Jackhammer Operator Miner, $38.43 7B 1M
Class "b"
Franklin Laborers Laser Beam Operator $38.70 78 1M !
Franklin Laborers Miner, Class "a" $38.16 7B 1M
,Franklin Laborers Miner, Class "c" $38.70 7B 1M
!Franklin Laborers Miner, Class "d" $38.98 7B 1M
I Franklin Laborers Monitor Operator, Air Track Or $38.70 7B 1M
; Similar Mounting
!Franklin Laborers Mortar Mixer $38.70 7B 1M
Franklin Laborers Nipper $38.16 7B 1M
I Franklin Laborers Nozzleman $38.70 7B 1M t
I Franklin Laborers Nozzleman, Water (to Include $38.43 7B 1M
Fire Hose), Air Or Steam
Franklin Laborers Pavement Breaker, 90 Lbs. & $38.70 78 1M !
Over
Franklin Laborers Pavement Breaker, Under 90 $38.43 7B 1M
Lbs.
!Franklin Laborers Pipelayer $38.70 7B 1M
https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx Page 2 of4
Thursday, May 24, 2018
I Franklin Laborers Pipelayer, Corrugated Metal $38.43 7B 1M ' I Culvert And Multi-plate
:Franklin Laborers Pipewrapper $38.70 7B 1M
Franklin Laborers Plasterer Tenders $38.70 7B 1M ' i
1Franklin Laborers Pot Tender $38.43 7B 1M
Franklin Laborers Powderman $40.35 7B 1M i
:Franklin Laborers Powderman Helper $38.43 7B 1M
jFranklin Laborers Power Buggy Operator $38.43 7B 1M
Franklin Laborers Power Tool Operator, Gas, $38.43 7B 1M
Electric, Pneumatic
!Franklin Laborers Railroad Equipment, Power $38.43 7B 1M
i Driven, Except Dual Mobile
!Franklin Laborers Railroad Power Spiker Or $38.43 7B 1M
! Puller, Dual Mobile
!Franklin Laborers Remote Equipment Operator $38.98 7B 1M
jFranklin Laborers Remote Equipment Operator $38.43 7B 1M
I (i.e. Compaction And l Demolition) I
Franklin Laborers Rigger/signal Person $38.43 7B 1M I
f
Franklin Laborers Riprap Person $38.16 7B 1M
!Franklin Laborers Rodder & Spreader $38.43
. 7B 1M
Franklin Laborers Sandblast Tailhoseman $38.16 7B 1M
;Franklin Laborers Scaffold Erector, Wood Or $38.16 7B 1M
I Steel 1
,Franklin Laborers Stake Jumper $38.16 7B 1M
1Franklin Laborers Structural Mover $38.16 7B 1M
' Franklin Laborers Tailhoseman (water Nozzle) $38.16 7B 1M
I Franklin Laborers Timber Bucker & Faller (by $38.16 7B 1M t l Hand) r t
Franklin Laborers Track Laborer (rr) $38.16 7B 1M
iFranklin Laborers Traffic Control Laborer $36.06 7B 1M 8T
Franklin Laborers Traffic Control Supervisor $37.06 7B 1M 8S j
'
Franklin Laborers Trencher, Shawnee $38.43 7B 1M I
!
Franklin Laborers Trenchless Technology $38.70 7B 1M
Technician I
Franklin Laborers Truck Loader $38.16 7B 1M
Franklin Laborers Tugger Operator $38.43 7B 1M i
Franklin Laborers Vibrators, All $38.70 7B 1M
!Franklin Laborers Wagon Drills $38.43 7B 1M
I Franklin Laborers Water Pipe Liner $38.43 7B 1M
Franklin Laborers Welder, Electric, Manual Or $38.98 7B 1M f
I Automatic (hdpe Or Similar
Pipe And Liner) :
jFranklin Laborers Well-point Person $38.16 7B 1M
jFranklin Laborers Wheelbarrow, Power Driven $38.43 7B 1M
!Franklin Lathers Journey Level $43.90 5A 1B 8N
!Franklin Metal Fabrication {In ShoQ) Fitter $12.76 1
!Franklin Metal Fabrication {In ShoQ} Laborer $11.50 1 l
\
https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx Page 3 of4
Thursday, May 24, 2018
'Franklin Metal Fabrication {In Sho 12l Machine Operator $12.66 1
)franklin Metal Fabrication {I n Sho 12} Painter $11.50 1
:Franklin Metal Fabrication {In Sho 12} Welder $12.76 1
Franklin Painters Journey Level $33.40 62 1W
Franklin Plasterers Journey Level $40.48 7K 1N
!•franklin Sheet Metal Workers Journey Level (Field or Shop) $57.81 5A 1X
1Franklin Si gn Mal<ers-& Installers ~. ,,lo p . -$14~65 1 Journey L.:evel
{Electrical ) --
i Franklin Si gn Makers & Installers (Non-Journey Level $14.65 1
Electrical}
Franklin Stone Masons Journey Level $27.67 1 ---
https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx Page4 of4
General Decision Number: WA180035 03/16/2018 WA35
Superseded General Decision Number: WA20170035
State: Washington
Construction Type: Building
County: Franklin County in Washington.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes or apartments up to and including 4 stories).
Note: Under Executive Order (EO) 13658, an hourly minimum wage
of $10.35 for calendar year 2018 applies to all contracts
subject to the Davis-Bacon Act for which the contract is
awarded (and any solicitation was issued) on or after January
1, 2015. If this contract is covered by the EO, the contractor
must pay all workers in any classification listed on this wage
determination at least $10.35 per hour (or the applicable wage
rate listed on this wage determination, if it is higher) for
all hours spent performing on the contract in calendar year
2018. The EO minimum wage rate will be adjusted annually.
Please note that this EO applies to the above -mentioned types
of contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but it does not apply to
contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5.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
ASBE0082-001 09/01/2016
Publication Date
01/05/2018
02/23/2018
03/16/2018
Rates
ASBESTOS WORKER/HEAT & FROST
INSULATOR ........................ $ 34 .17
BRWA000l-002 06/01/2017
Rates
BRICKLAYER ....................... $ 3 9. 4 6
CARP9003-003 06/01/2014
CARPENTER (Including Cabinet
Installation, Drywall Hanging
Rates
and Form Work) ................... $ 27. 06
ZONE PAY:
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Fringes
19.35
Fringes
16.15
Fringes
13.39
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Page 1 of9
FREE ZONE 1
ZONE 2
ZONE 3
ZONE 4
0-45 MILES
46-65 MILES
66-100 MILES
OVER 100 MILES
$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 Main Post Office of established
residence of employee (Whichever is closest to the
worksite).
ELEC0112-014 06/01/2017
·Rates Fringes
ELECTRICIAN ...................... $ 40. 90 20.06
ELEC0112-015 06/01/2015
Rates Fringes
ELECTRICIAN (Low Voltage
Wiring Only) ..................... $ 26. 75 11.46
ENGI0370-017 06/01/2017
Rates Fringes
POWER EQUIPMENT OPERATOR
GROUP 1 ..................... $ 27 .11 15.20
GROUP 2 ..................... $ 27.43 15.20
GROUP 3 ..................... $ 28.04 15.20
GROUP 4 ..................... $ 28.20 15.20
GROUP 5 ..................... $ 28.36 15.20
GROUP 6 ..................... $ 28.64 15.20
GROUP 7 ..................... $ 28.91 15.20
GROUP 8 ..................... $ 30.01 15.20
ZONE DIFFERENTIAL (Add to Zone 1 rate): Zone 2 -$2.00
Zone 1: Within 45 mile radius of Spokane, Pasco, Washington;
Lewiston, Idaho
Zone 2: Outside 45 mile radius of Spokane, Pasco,
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Washington; Lewiston, Idaho
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Compactor; Drill Oiler; Rollers, all types on
subgrade, including seal and chip coatings
GROUP 2: Fork Lift
GROUP 3: Bulldozer (up to D-6 or equivalent)
GROUP 4: Drills (churn, core, calyx or diamond); Oiler;
Loaders (overhead & front-end, under 4 yds. R/T); Vacuum
Drill (reverse circulation drill under 8 inch bit)
GROUP 5: Backhoe (Under 45,000 gw}; Trackhoe/Excavator (hoe
Ram) (under 3/4 yd.); Cranes (25 tons & under), Drilling
Equipment(8 inch bit & over) (Robbins, reverse circulation
& similar)
GROUP 6: Asphalt Roller; Backhoe (45,000 gw and over to
110,000 gw}; Trackhoe/Excavator (Hoe Ram) (3/4 yd. to 3
yd.); Compactor (self-propelled with blade); Cranes (over
25 tons, to and including 45 tons), Bulldozer, 834 R/T &
similar; Loader Operator (front-end & overhead, 4 yds.
incl. 8 yds.); Scrapers, all, rubber-tired; Screed Operator
GROUP 7: Backhoe (Over 110,000); Trackhoe/Excavator (Hoe Ram}
(3 yds & over); Cranes (over 45 tons to but not including
85 tons); Loaders (overhead & front-end, over 8 yds. to 10
yds.); Rubber-tired Scrapers (multiple engine with three or
more scrapers); Blade
GROUP 8: Cranes (85 tons and over, and all climbing,
overhead,rail and tower); Loaders (overhead and front-end,
10 yards and over)
BOOM PAY: (All Cranes, Including Tower)
180 ft to 250 ft $ .50 over scale
Over 250 ft $ .80 over scale
NOTE:
In computing the length of the boom on Tower Cranes, they
shall be measured from the base of the Tower to the point
of the boom.
HAZMAT:
Anyone working on HAZMAT jobs, working with supplied air
shall receive $1.00 an hour above classification.
* IRON0014-012 07/01/2017
Rates Fringes
IRONWORKER (Ornamental,
Reinforcing and Structural) ...... $ 32.64 25.06
LAB00238-014 06/01/2017
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Rates
LABORER: Mason Tender -Brick ... $ 26.76
LAB00238-023 06/01/2017
Rates
LABORER
GROUP 1 ..................... $ 2 4 . 6 6
GROUP 2 ..................... $ 2 6. 7 6
GROUP 3 ..................... $ 27 . 0 3
GROUP 4 ..................... $ 27.30
Fringes
11.30
Fringes
11.30
11.30
11.30
11.30
Zone Differential (Add to Zone 1 rates): Zone 2 -$2.00
BASE POINTS: Pasco
Zone 1: 0-45 radius miles from the main post office.
Zone 2: 45 radius miles and over from the main post office
LABORERS CLASSIFICATIONS
GROUP 1: Flagman
GROUP 2: Form-Stripping
GROUP 3: Chipping Guns; Concrete Saw; Pipelayer
GROUP 4: Grade Checker; Gunite; Vibrating Plate
PAIN0054-001 06/01/2008
Rates
DRYWALL FINISHER/TAPER ........... $ 22.78
PLUM0598-015 06/01/2017
Rates
PIPEFITTER ....................... $ 49. 24
PLUM0598-017 06/01/2017
Rates
PLUMBER (including HVAC Pipe
Installation) .................... $ 49.24
ROOF0189-012 07/01/2017
ROOFER (Includes Roof Tear
Off, Waterproofing, and
Rates
Installation of Metal Roofs) ..... $ 26.86
SFWA0699-005 04/01/2017
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Fringes
8.88
Fringes
28.79
Fringes
28.79
Fringes
11. 73
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Rates
SPRINKLER FITTER (Fire
Sprinklers) ...................... $ 33.20
SHEE0066-018 06/01/2017
Rates
Sheet Metal Worker (Including
HVAC Duct) ....................... $ 34. 75
TEAM0690-008 06/01/2017
Truck drivers: (ANYONE
WORKING ON HAZMAT JOBS SEE
FOOTNOTE A BELOW)
ZONE 1: LEWISTON ZONE
CENTER
Rates
GROUP 3 .................... $ 26.07
GROUP 4 .................... $ 2 6 . 4 0
GROUP 5 .................... $ 2 6 . 51
GROUP 6 .................... $ 2 6. 67
GROUP 7 .................... $ 27.21
GROUP 8 .................... $ 27.53
ZONE 1: PASCO ZONE CENTER
GROUP 3 .................... $ 26.07
GROUP 4 .................... $ 2 6 . 4 0
GROUP 5 .................... $ 2 6 . 51
GROUP 6 .................... $ 2 6. 67
GROUP 7 .................... $ 2 7 . 21
GROUP 8 .................... $ 27.53
ZONE 1: SPOKANE ZONE CENTER
GROUP 3 .................... $ 26.07
GROUP 4 .................... $ 2 6 . 4 0
GROUP 5 .................... $ 2 6 . 51
GROUP 6 .................... $ 2 6. 67
GROUP 7 .................... $ 2 7 . 21
GROUP 8 .......•............ $ 27.53
Zone Differential For ZONE 2: ( Zone 1 +$2.00)
Fringes
15.84
Fringes
20.-68
Fringes
17.30
17 .30
17.30
17.30
17.30
17.30
17.30
17.30
17.20
17.30
17 .30
17.30
17.30
17.30
17.30
17.30
17.30
17.30
BASE POINTS: Spokane, Moses Lake, Pasco, Lewiston
Zone 1: 0-45 radius miles from the main post office
Zone 2: Outside a 45 mile radius from the main post office
TRUCK DRIVERS CLASSIFICATIONS
GROUP 3: Trucks, side, end, bottom and articulated end dump
(3 yards to and including 6 yds.)
GROUP 4: Trucks, side, end, bottom and articulated end dump
(over 6 yds. to & including 12 yds.)
GROUP 5: Trucks, side, end, bottom and articulated end dump
(over 12 yds. to & including 20 yds.)
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Thursday, May 24, 2018
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GROUP 6: Trucks, side, end, bottom and articulated end dump
(over 20 yds. to & including 40 yds.)
GROUP 7: Truck, side, end, bottom and articulated end dump
(over 40 yds. to & including 100 yds.)
GROUP 8: Trucks, side, end, bottom and articulated end dump
(over 100 yds.)
FOOTNOTE A -Anyone working on a HAZMAT job, where HAZMAT
cerfification is required, shall be compensated as a
premium, in addition to the classification working in as
follows:
LEVEL C-D: -$.50 PER HOUR -This level may use an air
purifying respirator or additional protective clothing.
LEVEL A-B: -$1.00 PER HOUR -Uses supplied air in
conjunction with a chemical splash suit or fully
encapsulated suit with a self-contained breathing apparatus.
Employees shall be paid Hazmat pay in increments of four(4)
and eight(8) hours.
SUWA2009-023 05/22/2009
Rates
FLOOR LAYER: Carpet ............. $ 19.90
INSULATOR -BATT ................. $ 13. 58
LABORER: Com.~on or General ...... S ~4.7
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
https://www.wdol.gov/wdol/scafiles/davisbacon/WA35.dvb?v=2
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
Thursday, May 24, 2018
Page 6 of9
TRUCK DRIVER: Semi-Trailer
Truck ............................ $ 20.59 5.56
WELDERS -Receive rate prescribed for craft performing
operation to which welding is incidental.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5. 5 (a) (1) (ii)).
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
order of "identifiers" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than "SU" or
"UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
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Thursday, May 24, 2018
Page 7 of9
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate .
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 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/CEA rate of the union locals from which the rate is
based.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
*
*
*
*
an existing published wage determination
a survey underlying a wage determination
a Wage and Hour Division letter setting forth a position on
a wage determination matter
a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
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Thursday, May 24, 2018
Pages of 9
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 requester considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W .
Washington, DC 20210
4 .) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
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Page 9 of9
SE CTION.8
F O RMS, REPRE.SENT A TIONS AND
CERT IFICATI ONS
ATTACHMENT 7..M (1)
CONTRACT COMPLIANCE NOTICES
EQUAL EMPLOYMENT OPPORTUNITY
The following notices shall be included in all solicitations for offers and bids on all federal and
fci\erally-assisted construction contracts or subcontracts fu ~xcess of$ I 0,000 pursu,ant to the
Departm~nt of Labor's Office of Federal Contract Compliance Programs~ (OFCC.P) regulatiQDS
41 CFR, Pan 604. .
NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL
EMPLOYMENT .OPPORTUNITY (EXECUTIVE ORDER 11246) .
l . 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, expr~sed in percentage
tenns for the Contractor's ~te wodcforce in each trade on all construction work in the
covered area, are as follows:
• The following goals apply to all solicitations ·for offet'S and bids made~ 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 Franklip. County
These goals are.applicable to all Contractors' construction work (whether or it is federal or
fed¢raUy assist~) perfQttned in the covered area. If the cQntractorperforms constructfon
work iii a geographi® area !Qcated QµJSide of the covered m-ea, it shall apply the goals
establi~ed 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 oonstruction.
The C.Ontractor'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
affinnative action -obligations required by the specifications set forth in 41 CFR 60--4.3(a),
and its etfortsto meet the goals. The hours of minority and female employment and
training must be substantially unif()Jlil .thro,ugb.out the lengUi 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 empl-Oyeesor trainees
from Contractor to Contractor or ·from project to project fur the sole purpose of meeting the
Contractor's goals shall be a violation of the co~ the Ex-ecutive Order and the
regulations in 41 CFR Part 604. Compliance with the goals will be m:~ against the
tQtal work h~ ~oo.n,ed.
3. The Contractor shall provide written. notification to the Community and Economic
Development Director within ten {l 0) wotlcing days of award of any construGtion
subcontract in execs$ of $10,000 at any tier for CQiiSf[Uction work und,er the contract
resulting from this solicit$on. The notificat:ion shall list the nanie. a4dress ~ telephone
ATTACHMENT 7-M (2)
number of the subcontractor, employer identification nlllllber, ~timated dollar mount of the
subcontract, estimated stilrting an4 completion dates of the sµbcontract, 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 solicitationt the "covered area"
is the geographjcat area where the contract worlt is to be performed.
< \
ATTACHMENT 7-B
BIDDER CERTIFICATION REQUIRED BY EXECUTIVE ORDER 11246
U.S. Department of Housing and Urban Development
CERTIFICATION OF Bll>DER REGARDING EQUAL EMPLOYMENT OPPORTUNITY
INSTRUCTIONS
This certification is required pursuant to Executive Order 11246 (30 F .R. 12319~25). The implementjng
rules .and regulations provide that any bidder or prospective contractor, or any of their proposed
subcontractors, shal1 state as m initW part of the bid ornegotiations of the contract whether it bas
participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so,
whether it bas filed all compliance reports due under applicable instructions.
Where the certification indicates that the bidder bas not filed a compliance report due ·under applicable
instructions, such bidder shall be requi® to submit a compliance report within sev (7) en:dar days
after hid opening. No contract shall be awarded unless such report is submitted.
CERTIFICATION BY BIDDER
Na.me and Address of Bidder (include zip code):
(i)se, t.,t,c., db11 Q)Wt,tli+vJ SffO[YlS
4-Ko~ Sow-tvind~ l'blvd 9-t ~
k ia.
1. Bidder has participated in a previous C<>lltract or subcontract subject to the Equal Opportunity Clause
~YES •No
2. Compliance Reports were required to be filed in connection with such contract or subcontract.
~YES •NO
3. Bidder has filed all compliance reports due-under applicable instructions. including SF-100.
JK1 YES O NO O NOT REQUIRED
4. Have you ever been or are yw being considered for sanction due to violation of &ecutive Ordet
l 1246, as amended? · ·
0 YES NO
N~e and Title of Signer (please type)
ATTACHMENT7-C
SUBCONTRACTOR CERTIFICATION REQUIRED BY EXECUTIVE ORDER 11246
U.S. Department of Housing and Urban Development
CERTIFICATION OF PROPOSED SUBCONTRACTOR
REGARDING EQUAL E11PLOVMENT OPPORTUNJTY
Name of Prime Contractor Project Number
_JN_S~U~TIO~S ·• .
. .
This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing
rules and regulations provide that any biddet or prospective: contractor, or any of their proposed
subcontractors, shall state as in initial pan of the bid or negotiaticm.s of the oon1ract whether it has
participated in any pn=:vious contract or subcontract subject to the equal opportunity clause; and. if so,
whether it has filed all complianoe reports due under applicable instructions.
Wh~ the certification iildicates ~ the bjddet bas not filed a compliance report due under applicable
instructions, such subcontractor shall be required to submit a compliance report before the owner
approves the subcontract or-pennits work to begin under the subcontract.
SUBCONTRACTQR'_S CERTIFICATION
Name and Address of Subcontractor (include zip code):
1. Bidder has participated ro a previous contract or subcontract subject to the Equal Opportunjty Clause
• YES • NO
2. Compliance Reports were req~ired to be filed in. connection with such ~ct or subcontract.
• YES • NO
3. Bidder has filed all compliance reports due under applicable instructions, including SF-100.
• YES • NO • NOT REQUIRED
4. l{ave you ever been or are you being considered for ~ction due to violatiO.D. ofExecutive Order
11246, as.amended?
• YES 121 NO
Name and Title o.f Signer (please type)
.Jd'~f_~~ ftSa-c.-kY ~k~/,w ~
Signature ~ V Date
£(&1/1.i>
N6W·: . • f . .
ff• sQ.lt~ntr~ct b Qlld,er _$10,«-0D, ·~ fon,n. is notrequir«.1-
Contractor Compliance Form ATTACHMENT 7-G
CDBG HOME NSP Programs
THIS FORM MOST BE COMPLETED BY ALL GENERAL CONTRACTORS AND
SUBCONTRACTORS PROVIDING BIDS~
Deve.lopme.nt Address: I
Address-:
T · e ·of Business:
WA U(:¢nse No:
WQmen Business Enterprise (WBE)?
~ No D Yes_
Bidding as a: ,;tGeneraJ Contractor •Sub-Contractor, indicate General Contractor name:
Current number of employees: l,
Curren_t number of women emolov~es: t::;"
Current numt>er of minority employees: 3
If minority employees enter racial/et-hnic code from below:
Code: 1 3 4 6
Number: If 0'. 3
Total Dollar amount of Bid: $
If exceeds 100 000 com lete Section II • -8 '-f 8 r r ,
SECTION II. New Hires when. Bid exceeds :100 QOO (must c;QmplY with Sec:tiOn 3 requirements)
Number of em · lo·· ees to be htred for this contract
Number of Low.,,Jncome Project Area Residents {L1J>.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 NatJve
6. H.isp.anic/Latino
I hereby certify that it is the policy of the undersigned to comply with aU existing laws prohibiting
disoimin_ation in all aspects of emp1oyment due to race, color, creed# :sex, age, religion, national Qrigin,
marital status, receipt of public: a~istance or cOsabi-Uty.
This shall be ac~mplished substantially by the following actions: Nondisaimination in RE.CRU-ffiNG,
HifUNG TRAINING _PROMOTIN'G SUBCONiRACTING DEMOTION LAYOFF and or TERMINATION.
bntractor/Su.bcontractor Si nature Pat~
Form 17 {01/2013)
The aty of Pasco does not discrimin~te on the basis of race, color, creed, natio~f origin; sex, religion, ~ge, disability,
marital status, status· with regard to pubUc a~si~at1c~, ~al orientation or familial status, in the employment
and/or the provision of services.
Equal Opportunity Housing and Equal Oppi;>rtunH;y Ernpl_oyment
FFATA REPORTING CHECKLIST OR CONTRACTS $30,000 AND OVER
To Be Filled Out By Subrecipient/Contractor
Contract Number
Subrecipient/Contractor:
Address including Zip Code:
1) I ave been awarded a contract or agreement from CDBG/ D Yes No
2) I had a gross income, from all sources, over $300,000 in the previous tax year. D Yes D No
If you answered "NO" to question 1 AND 2, STOP, you do not meet reporting threshold requirements, return form to City.
If vou answered "YES" to uestion 1, COMPLETE THE FOLWWJNG AND RETURN WITHIN 5 DAYS.
Congressional district
Amount of award/contract
Award title descriptive of the funding action
REQUIRED: DUNS number
REQUIRED (Contractors Only):
Central Contractors Registration (SAM)
number SAM must be u dated eve r ear
WA04 993015320
$
3) More than 80% ofmy annual gross revenues come from the federal governments, and Yes No
4) My gross revenues are greater than $25 million annually, and D Yes D No
5) Compensation information for top five executives is not already available through reporting to the SEC. D Yes D No
If you answered "NO" to question 3, 4 OR 5, STOP. You do not meet the reporting threshold, return form City.
If ed "YES" . 3 4 AND COMPLETE THE FOLLOWING AND RETURN ITHIN vou answer to o uest1on ., 5, w 5DAYS.
Total compensation and names of top five 1.
executives.
(Complete if you answer yes to questions 3, 4
and 5 above)
2.
3.
4.
5.
To Be Filled Out By City Staff
Program source LJCDBG Entitlement CDFA 14.218
.ONSP Entitlement CDFA 14.228 •HOME Investment Partnership Program CDFA 14.239
Grant No.
How do you get a DUNS number?
The unique identifier used in reporting to FF ATA is the entity's Dun & Bradstreet (D&B) Data Universal Numbering System (DUNS)
Number. It is necessary for registering in SAM. For subawardees, 0MB has issued interim final guidance requiring recipients to
obtain a valid DUNS number.
DUNS number may be requested via the web for no charge at:
• http://fedgov.dnb.com/webform/index.jsp
• or by calling 1-866-705-5711
What is a SAM and bow do you register?
SAM stands for System for Award Management, which is the primary registrant database for the U.S. Federal Government. SAM
collects, validates, stores and disseminates data to support federal acquisition missions. A SAM number is necessary for reporting in
FFATA.
Here are links to information needed to register and become familiar with SAM
• SAM FAQS: h ttp s://www.sam.gov/portal/public/SAM/
SECT ION 9
DRAW INGS & SPECIFIC ATIO N S
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Fabricate and Install one set of flush mounted, Illuminated channel letters.
• Pasco• and • Kitchen• -Internally Illuminated channel letters with White plex faces, White
trim caps, Black returns, White LED illumination.
• Specialty' -Internally Illuminated channel letters with White plex faces, Tangerine (230-84)
vinyl overlay, Orange trim caps, Black returns, White LED lllumlnatlon. Black vinyl may be
used In loop areas of letters that are too small for fabricating negative space.
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Fabricate and Install one double
faced, Illuminated projecting sign.
Internally Illuminated double
faced channel with White plex
faces, Black, Tangerine (230-84)
and cut-to-white graphics.
Black trim caps and returns.
White LED illumlnatlon.
Square tuba supports
and steel mounting plates
painted to match wall.
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TIii" POWrR IN S IC.N S <1822 Soutl11iclqo Glvcl. Suito B. l<cnncwicl,. W/\ 9033B Phone: 509-586-0585 Fax: 509-628-1399