Housing Authority of the City of Longview

Click Here for a PDF copy of the Entire Request for Proposals.

RFP Copy # WW1051-2009


REQUEST FOR PROPOSALS


for

Renovations at Woodside West Apts.



TABLE OF CONTENTS

REQUEST FOR QUALIFICATIONS;PROPOSALS;BIDS 2
A. INTRODUCTION 4
B. SCOPE OF WORK 4
C. INFORMATION TO BE PROVIDED IN YOUR SUBMITTAL 5
D. CONSULTANT/CONTRACTOR EVALUATION CRITERIA 5
E. SUBMISSION REQUIREMENTS 6
F. SELECTION PROCESS 7
G. CONTRACT NEGOTIATIONS 7
H. ADMINISTRATIVE INFORMATION 7



RFQ; RFP; ITB Issued on: Submittals Due:

_Monday_, September 14, 2009

12:00pm , September 30, 2009


REQUEST FOR PROPOSALS

Renovations at Woodside West Apts. Located in Woodland, WA

The Longview Housing Authority (LHA) is seeking Submittals from qualified Contractors to assist renovation of approximately 14 tenant occupied units, installation of sidewalk, tree removal and painting of buildings at Woodside West Apartments in Woodland WA.

PRE-SUBMISSION CONFERENCE: Those interested in responding to the Request for Proposals (RFP) are strongly encouraged to attend a Pre-Submission Conference at _11:00 am on Monday, 09/21/09. The Conference will be held at Woodside West Apts., 1355 Woodside St. Woodland WA. Failure to attend the conference will not relieve the Contractors of any responsibility for information provided at that time.

OBTAINING THE RFQ: To obtain a copy of the RFP package, please contact Katie Wilkie, at (360) 423-0140 ext. 34, by fax at (360) 425-9930, by e-mail at kwilkie@longviewha.org, or by mail at the address below.

QUESTIONS: Any questions or requests for further information must be submitted in writing no later than 4:30 pm, on Wednesday, 09/23/09, to Katie Wilkie as noted in the paragraph above.

SUBMISSION DEADLINE: Submittals (one original and 2 copies), must be received not later than 12:00 pm on Wednesday, 09/30/09, at LHA’s street address below. Submittals sent by U.S. Mail should be addressed to the address below and must be delivered to LHA by the deadline stated above. Faxed or e-mailed Submittals will not be accepted.

Housing Authority of the City of Longview
Attention: Katie Wilkie, Asset Manger
1207 Commerce Ave
Longview, WA 98632

DISTRIBUTION LIST: A list of firms who have picked up a copy of the RFP is available upon request. Please direct requests to Katie Wilkie.

DIVERSITY: LHA strongly encourages minority-owned and women-owned businesses, socially and economically disadvantaged businesses, and small businesses to respond to this RFP or to participate in a subcontracting capacity on LHA contracts.

RIGHTS RESERVED:
· LHA reserves the right to waive as informality any irregularities in Submittals, and/or to reject any and all Submittals.
· LHA reserves the right to withdraw this RFP at any time prior to contract award.
· LHA reserves the right to terminate the project, or any contracts connected to the project, for convenience during any phase of partial completion with or without cause.
· LHA reserves the right to demand a change of personnel at any time and on any project.
· LHA reserves the right to interview only the top three ranked firms.
· LHA reserves any and all other rights to which they are legally entitled under Federal, State or local laws.


OF SPECIAL NOTE:
Any and all contracts entered into by LHA as a result of this RFP are contingent upon funding availability.

LHA may share bid documents, contracts, and awards connected to this RFP with other public entities to be used for purchase of goods and services. LHA will not be held liable for any transactions, or lack thereof, that may occur as a result.

Longview Housing Authority

REQUEST FOR PROPOSALS

Renovations at Woodside West Apts. In Woodland WA.

A. INTRODUCTION

General: The Longview Housing Authority (LHA) is seeking a qualified professional firm and team to perform renovations and upgrades at Woodside West Apts. in Woodland WA.

2) Longview Housing Authority Background: See LHA website at: www.longviewha.org for details about the Longview Housing Authority, including its programs and services.

B. SCOPE OF WORK
The work of the contract documents can be summarized as follows: Upgrade of carpet/vinyl, cabinets and countertops, closet doors and tub enclosures in tenant occupied units and rehab of one unit to meet ADA requirements at Woodside West Apartments. Exterior work includes replacement of concrete decking at second floors, installation of sidewalk along the front of the complex, removal of existing trees and painting of 4 buildings. Contractor should have proven experience working with and around “in place” residents.

The selected Contractor shall perform the following tasks:

Task 1. Installation of approximately 200 feet of 4”concrete sidewalk, broom finish, along the street in front of the complex.

Task 2. Replacement of concrete decking at the second story of 4 buildings.

Task 3. Cleaning, scraping, caulking, and painting of 4 buildings.

Task 4. Replace 20 storage doors with metal doors, primed for painting, all hardware to be included.

Task 5. Replace two banks of locking mail boxes to match existing mailboxes.

Task 6. Removal, clean up and stump grinding at least four inches below original surface of one deciduous tree at front entrance of building and removal, clean up and stump grinding of at least four inches below original surface of two fir trees at the north end of the property. Grindings will be removed from the property and properly disposed of.

Task 7. Replace 36 metal closet doors in 10 units with wood bi-fold closet doors.

Task 8. Remove and replace kitchen cabinets and countertops in 11 tenant occupied units with plywood box construction with medium oak door/drawer fronts, and bathroom vanity in 11 tenant occupied units with plywood box construction with medium oak door/drawer fronts.

Task 9. Replacement of vinyl, carpet and pad in 9 tenant occupied units.

Task 10. Remove and replace tub enclosures using steel tub with acrylic finish and one piece laminate tub surround in 14 units.

Task 11. Rehab one (1) ground floor unit to be ADA accessible – including shower, toilet, bath and kitchen cabinetry for persons who are physically, hearing or visually impaired.

Ø SPECIAL CONDITIONS

· All work contained in the bid must be completed no later than March 31, 2010.
· A bid guarantee equal to five percent (5%) of the proposed contract shall be include with proposal. The bid guarantee may be secured through a bid bond or a certified check.
· A separate Performance Bond and Labor and Material Payment Bond, each for one hundred percent (100%) of the contract price will be required.
· Contractor is required to attend weekly or bi-monthly progress meetings with owners representative.
· Work hours shall be from 8:00 am to 6:00 pm.
· Contractor will be responsible for securing the site at the end of each work shift.
· Clean up of all debris returning to site to it’s original condition prior to the beginning of the project.
· Bid to cover all aspects to complete the tasks
· The bid should include all permits and fees associated with this Project
· Bid will not contain sales tax
· Bid will contain Davis Bacon Wage Rates for the job classifications. Contractor shall be responsible for wage determination.

C. INFORMATION TO BE PROVIDED IN YOUR SUBMITTAL

To be considered responsive to this RFP and to facilitate evaluation, Submittals should be organized in the order of the outline given below and include the following information. Please refer to the section of this RFP on Submission Requirements for information on Required Number of Copies. Effort should be made to keep submittals concise.

Schedule of completion for each task and detailed cost estimate
2) Overall project cost
3) A list of all sub-contractors to be used during the project and timeline of being on site
3) Brief history of contractor experience
4) At least 5 references

Bid should include all aspects of the scope of work stated above, schedule of completing each task outlined in the scope of work, overall project costs, type and length of experience and references. The bid should also contain all enclosed forms that need to be filled out.


D. CONSULTANT/CONTRACTOR EVALUATION CRITERIA

Contractors’ Submittals will be evaluated based on the criteria listed in this section. In preparing the Submittal to LHA, it is important for Contractors to clearly demonstrate their expertise in the areas described in this document. Because multiple areas of expertise are required for successfully performing this project, the Contractor, both through in-house staff or sub-Contractors, must demonstrate expertise and have available adequate quantities of experienced personnel in all of the areas described.

Contractors are encouraged to identify and clearly label in their Submittal how each criterion is being fully addressed. Evaluation of responses to this RFP will be based only on the information provided in the Submittal package, and if applicable, interviews, and reference responses. LHA reserves the right to request additional information or documentation from the firm regarding its Submittal documents, personnel, financial viability, or other items in order to complete the selection process. If a responding firm chooses to provide additional materials in their Submittal beyond those requested, those materials should be included in a separate section of the Submittal.

The following criteria with a point system of relative importance with an aggregate total of 100 points will be utilized to evaluate the qualifications of each Contractor:


Evaluation Criteria Weighting
(Max. Points)
1
Overall project cost 25
2
Contractor Experience 25
3
Contractors understaning of project as shown by proposal 20
4
Timeliness in job completion 15
5
References 15
Maximum Total Points 100


E. SUBMISSION REQUIREMENTS

1) Pre-Submission Conference: Contractors are strongly encouraged to attend a Pre-Submission Conference at the time and place referenced on page 2 of this Request for Proposals ( RFP), and advertised in the Daily Journal of Commerce and The Longview Daily News, and on LHA Website. Failure to attend the Conference will not relieve the Contractors of any responsibility for information provided at that time.

Due Date For Questions: Technical questions regarding substantive matters related to this RFP or requests for further information must be submitted in writing consistent with the deadline and submission requirements on page 2 of this RFP.

3) Due Date and Place For Submission of Submittals: Submittals must be received by the Longview Housing Authority by the deadline and at the place indicated on page 2 of this RFP.

The deadline is firm as to place, date, and time. LHA will not consider any Submittal received after the deadline and will return all such Submittals unopened.
All Submittals should be clearly marked when delivered or mailed to avoid any confusion about recording arrival dates and times. Contractors should take this practice into account and submit their materials early to avoid any risk of ineligibility caused by unanticipated delays or other delivery problems. NOTE: A faxed or e-mailed Submittal is not acceptable.
Upon receipt of each Submittal, Longview Housing staff will date-stamp it to show the exact time and date of receipt. Upon request, LHA will provide the Contractors with an acknowledgment of receipt. All Submittals received will become the property of LHA and will not be returned to the Contractor.
4) Required Number of Copies: Contractors responding to this RFP shall submit one original Submittal along with the required number of copies of the Submittal (see page 2 of this RFP to the address also indicated on page 2 of this RFP.

5) Addenda: In the event that there are changes or clarifications to this RFP, LHA will issue an addendum. Addenda will only be sent to those parties who have been issued an official copy of the RFP by LHA, or who have specifically requested in writing to be notified of addenda. An official copy of the RFP is one with an identifying number written in red on the upper right hand corner of the cover page of the RFP. It is the responsibility of Contractors to call Katie Wilkie, at (360) 423-0140 ext. 34 prior to the Submittal deadline to ensure that all addenda issued by LHA have been received.

6) Rights Reserved by LHA: LHA reserves the right to waive, as informality, any irregularities in Submittals and/or to reject any or all Submittals. LHA will generally not disclose the status of negotiations until LHA’s Executive Director has approved the award of a Contract for services.

F. SELECTION PROCESS

All responses to this RFP that are received on or before the stated deadline will be initially screened for eligibility. A selection panel will rate eligible responses, according to the criteria listed above, and may conduct reference checks as part of the process. Based on its initial evaluation, the panel may:
Make a recommendation to LHA’s Executive Director and request authority to negotiate a Contract with one or more Contractors; or
(a) Request additional information from the Contractor whose responses appear to have the greatest likelihood of success; or
(b) Invite one or more Contractors whose responses appear to have the greatest likelihood of success to attend an interview/presentation to discuss their Submittal;
G. CONTRACT NEGOTIATIONS

LHA shall negotiate with the most qualified Contractor, as determined by evaluation of the responses and, if applicable, interviews. If LHA is unable to reach agreement with the highest ranked firm, it will negotiate with the second highest ranked firm, proceeding in turn to each firm, in order of rank, until a Contract is executed.

H. ADMINISTRATIVE INFORMATION

1) Minority-owned and Women-owned Business Enterprises: LHA strongly encourages minority-owned and women-owned businesses, socially and economically disadvantaged business enterprises, and small businesses to respond to this RFP, to participate as partners, or to participate in other business activity in response to this RFP.

2) Section 3 Requirements:
A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations.

C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135.

E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135.

F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b).

3) Basic Eligibility: The successful Contractor must be licensed to do business in the State of Washington and must have a state Unified Business Identifier (UBI) number. In addition, the successful Contractor must not be debarred, suspended, or otherwise ineligible to contract with LHA, and must not be included on the General Services Administration’s “List of Parties Excluded From Federal Procurement and Non-procurement Programs” or the Department of Housing and Urban Development’s “Limited Denial of Participation” list, or State of Washington, Department of Labor and Industries list of debarred contractors for prevailing wage violations (only required on construction projects).
.

4) Payment Requirements: Contractors should be aware that LHA will only make payments on the Contract issued under this RFP after the work being billed has been completed, and will pay reimbursable expenses to the Contractor only upon receipt of an invoice for the reimbursable expenses. No advance payments will be made to the Contractor, who must have the capacity to meet all project expenses in advance of payments by LHA.

5) Approval of Sub-Consultants/Contractors: LHA retains the right of final approval of any sub-Contractor of the selected Contractor who must inform all sub-Contractors of this provision.

6) Documents Produced: All construction drawings, reports, specifications, and other documents produced under contract to LHA must be submitted to LHA in both hard copy and a digital format that meets LHA’s requirements, using Microsoft Office software in an IBM-compatible format. All documents and products created by the Contractor and their sub-Contractors shall become the exclusive property of LHA.

7) Other Contracts: During the original term and all subsequent renewal terms of the Contract resulting from this RFP, LHA expressly reserves the right, through any other sources available, to pursue and implement alternative means of soliciting similar or related services as described in this RFP. LHA may award contracts to other vendors such as designers, Contractors, or contractors.

8) Funding Availability: By responding to this RFP, the Contractor acknowledges that for any Contract signed as a result of this RFP, the authority to proceed with the work is contingent upon the availability of funding.

Insurance: The following are the insurance requirements that will be included in the Contract executed based on this RFP:

A. General Requirements:

Prior to undertaking any work under this Contract, the Contractor shall procure and maintain continuously for the duration of this Contract, at no expense to LHA, insurance coverage as specified below, in connection with the performance of the work of this Contract by the Contractor, its agents, representatives, employees and/or subcontractors.

The Contractor’s insurance shall be primary as respects LHA, and any other insurance maintained by LHA shall be excess and not contributing insurance with the Contractor’s insurance.

Except with respect to the limits of insurance, and any rights or duties specifically assigned to the first named insured, the Contractor’s Commercial General Liability and Commercial Automobile Liability insurance coverage shall apply as if each named insured were the only named insured, and separately to each insured against whom claim is made or suit is brought.

Failure of the Contractor to fully comply with the insurance requirements of this Contract will be considered a material breach of contract and, at the option of LHA, will be cause for such action as may be available to LHA under other provisions of this Contract or otherwise in law, including immediate termination of the Contract.

B. Required Insurance Coverage: The following are the types and amounts of insurance coverage that must be maintained by the Contractor during the term of this Contract. The Contractor must provide acceptable evidence of such coverage prior to beginning work under this Contract.

Commercial General Liability Insurance. A policy of Commercial General Liability insurance including bodily injury, property damage, and products/completed operations, written on an occurrence form, with the following minimum coverage:

$1,000,000 each occurrence, and
$2,000,000 aggregate
Coverage shall extend to cover the use of all equipment on the site or sites of the work of this Contract. In the event that the services to be provided under this Contract involve the Contractor’s contact with minor children, the Contractor shall provide evidence that sexual misconduct coverage has not been excluded from the policy and is covered under the policy. Acceptable evidence of sexual misconduct coverage must include an endorsement and policy excerpt(s) and is subject to approval by LHA Management.

Employers Liability or Washington Stop Gap Liability. A policy of Employers Liability or a Washington Stop Gap Liability insurance endorsement with the following minimum coverage:

$1,000,000 each accident

Commercial Automobile Liability Insurance. A policy of Commercial Automobile Liability Insurance, including coverage for owned, non-owned, leased or hired vehicles written on an insurance industry standard form (CA 00 01) or equivalent, with the following minimum coverage:

$1,000,000 combined single limit coverage

Professional Liability Insurance: A policy of Errors and Omissions Liability Insurance appropriate to the Contractor’s profession. Coverage should be for a professional error, act, or omission arising out of the scope of services shown in the Contract, with the following minimum coverage:

$2,000,000 per Claim/Aggregate
If the Professional Liability Insurance policy is written on a claims made form, the Contractor warrants continuation of coverage, either through policy renewals or the purchase of an extended reporting period (“tail”) for a minimum of three years from the date of completion of the work authorized by the Contract. In the event that the Contractor is authorized to engage subcontractors, each subcontractor shall provide evidence of separate professional liability coverage equal to the levels specified above, unless such requirement is waived in writing by LHA.

Workers Compensation. A policy of Workers Compensation. As respects Workers Compensation insurance in the State of Washington, the Contractor shall secure its liability for industrial injury to its employees in accordance with the provisions of Title 51 of the Revised Code of Washington (RCW). If the Contractor is qualified as a self-insurer in accordance with Chapter 51.14 RCW, the Contractor shall so certify by a letter signed by a corporate officer, indicating that it is a qualified self-insured, and setting forth the limits of any policy of excess insurance covering its employees, or any similar coverage required.

C. Additional Insured Endorsement: The Longview Housing Authority and Clark County Department of Community Services must be named as an Additional Insured on a primary and non-contributory basis on all Commercial General Liability policies of the Contractor. A policy endorsement (form CG2010B or equivalent) must be provided to LHA and Clark County DCS as evidence of additional insured coverage.

D. Proof of Insurance and Insurance Expiration:

The Contractor shall furnish certificates of insurance and policy endorsements as evidence of compliance with the insurance requirements of the Contract. Such certificates and endorsements must be signed by a person authorized by that insurance company to bind coverage on its behalf.

The Contractor shall include all subcontractors as insureds under its policies (except for Professional Liability insurance) and shall ensure that coverage of subcontractors under the Contractor's policies is not excluded by any policy provision or endorsement.

The Contractor’s insurance shall not be reduced or canceled without thirty (30) days prior written notice to LHA. The Contractor shall not permit any required insurance coverage to expire during the term of this Contract.

LHA reserves the right to require complete, certified copies of all required insurance policies at any time during the term of this Contract, or to waive any of the insurance requirements of this Contract at its sole discretion.

Carrier Review and Approval Authority: Insurance policies, deductibles, self-insured retentions, and insurance carriers will be subject to review and approval by LHA. All insurance shall be carried with companies that are financially responsible. Generally, except for Professional Liability Insurance coverage, all carriers of insurance or re-insurers must have and maintain a rating of “A VII” or better as identified in the A. M. Best Insurance Rating Guide, most recent edition. Insurance carriers or re-insurers who do not have a rating of “A VII” or better may not be used without written approval the Longview Housing Authority contracting officer.








GENERAL WAGE DECISION
U.S. Department of Labor




Federal Davis-Bacon wage rates are made a part of this agreement. The Contractor is responsible for complying with the current Federal wage decision during the construction period.


CERTIFICATION OF BIDDER REGARDING SECTION 3 AND SEGREGATED FACILITIES



____________________________ __________ ____________________
Name of Prime Contractor Project Name & Number


The undersigned certified that:

(a) Section 3 provisions are included in the Contract.

(b) If contract equals or exceeds $100,000 Clark County Section 3 report will be submitted with the final pay estimate.

(c) No segregated facilities will be maintained.



_______________________________
Name & Title of Signer (print or type)



__________________________________ ____________________
Signature Date










AGREEMENT FOR CONSTRUCTION SERVICES

Between

The Longview Housing Authority

and

Contractor.

THIS AGREEMENT, entered into on the date the last party to this Agreement signs the Agreement, is made by and between the Longview Housing Authority, hereinafter referred to as “LHA”, and Contractor, hereinafter referred to as the “Contractor”.

Whereas, LHA advertised a Request for Proposal (RFP) and addendums to provide LHA with Construction Services, such work referred to as the “Scope of Work”; and

Whereas, the Contractor represents that it is qualified, duly authorized and willing to provide the requested services in the manner described in the RFP,
Attachment A.

NOW THEREFORE, in consideration of the terms, conditions and covenants contained herein, or attached, incorporated and made a part hereof, the parties hereto agree as follows:

Section 1 - Scope of Services. The Contractor shall perform such construction as required by LHA to complete the Project as defined in Attachment A, the Request for Proposals (RFP) issued by LHA, and in Attachment B, the Contractor’s March 31, 2006 proposal in response to the RFP, including the Contractor’s “Fee Schedule/Cost”. Attachments A and B are both hereby included and made part of this Agreement.

Section 2 - Time for Beginning and Completion: The Contractor shall not begin any work under the terms of the Agreement until authorized to do so in writing by LHA. A progress schedule will be mutually established and agreed upon by each party of this contract as the first action of services. The term of this Agreement shall be until March 31, 2010, unless, at the discretion of LHA, a written amendment to this Agreement is executed between the parties extending the agreement.

Section 3 - Payments: The Contractor shall be compensated by LHA for construction services rendered under this agreement consistent with the hourly rates and materials expenses, materials expenses are exhibited in the Contractor’s “Fee Schedule/Cost” in Attachment B to this Agreement. Such compensation shall constitute full and complete payment for work performed and services rendered at the rate defined in a fee schedule, see Attachment B. Compensation shall be in the form of monthly pay for completed services and/or reimbursables expenses of proceeding month. Payments shall be made upon receipt of invoices and progress reports prepared by the Contractor and submitted to LHA not more often than monthly for the duration of the contract period. All payments shall be processed by LHA within thirty (30) days from the receipt of invoices at LHA.

Invoices shall be mailed to the attention of:

Tom Drake
Finance Director
Longview Housing Authority
1207 Commerce Ave.
Longview, WA 98632

Section 4 - Restrictions upon transfer: The Contractor shall not assign or subcontract any of its rights or obligations under this Agreement or subcontract, or transfer any services, obligations, or interest in this Agreement unless the Contractor’s intent to issue such assignment or subcontract was included in the Contractor’s application or plan to provide services or is specifically approved in writing by LHA. Any such approved assignment or subcontract shall be subject to each provision of this Agreement and any procurement procedures required by LHA, the State of Washington, or the United States. Notwithstanding approval of an assignment of a subcontract, Contractor shall remain responsible for proper performance of all of the Contractor’s obligations under this agreement.

In the event the Contractor subcontracts for work or services to be provided under this contract, the Contractor shall cause all applicable provisions of this Agreement to be inserted in all its subcontracts. The Contractor shall inform LHA of such actions and receive its approval before entering into subcontracts.

Section 5 - Substitutions. Any Contractor personnel (if any) that were identified in Attachment B are essential to the work effort. Prior to substituting for any of the specified individuals, the Contractor shall notify the LHA reasonably in advance and shall submit justification, including proposed substitutions, in sufficient detail to permit evaluation of the impact on the Contract. No substitution for such key personnel shall be made by the Contractor without the prior written consent of LHA.

Section 6 - Disputes. The parties shall make a good faith effort to resolve any dispute arising under this Agreement. Any such dispute which is not resolved by agreement between the Contractor and the LHA Representative shall be submitted in writing to LHA’s Executive Director (herein after referred to as the “ED”) for resolution. At his sole discretion, the ED may invite either or both parties to present their respective positions on the issue(s). After giving full consideration to the disputed issues, the ED shall issue a written, reasoned decision, and mail or otherwise furnish a copy thereof to the LHA Representative and the Contractor.

If the dispute is not resolved to the satisfaction of the Contractor by the ED’s decision, the Contractor shall submit the dispute to mediation. Mediation shall be initiated by filing a written demand, which shall specify in detail the facts of the dispute and the remaining issues to be resolved. Within ten (10) days of the date of delivery of the demand, which shall not be more twenty-one (21) days after the date on which the ED issued his opinion, the matter shall be submitted to the Judicial Arbitration and Mediation Services (JAMS) in Seattle, Washington. JAMS shall designate the mediator and establish the rules and procedures for mediation. The mediator's fee shall be divided equally between the parties.

If the parties fail to settle the dispute through mediation, the dispute shall be settled by binding arbitration administered by the Judicial Arbitration and Mediation Services (JAMS) in Seattle. Notwithstanding any contrary provision of those rules, the arbitrator shall determine the rights and obligations of the parties according to the substantive and procedural laws of Washington. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. During this period, the Contractor shall continue to diligently perform the work specified under this Agreement unless explicitly instructed in writing not to do so by the ED of LHA.

Section 7 - Compliance with Laws. In performing work and providing construction services under this Agreement, the Contractor shall comply with all applicable Laws of the United States, the State of Washington; the Charter and Ordinances of the City of Longview; and the rules, regulations, orders and directives of their administrative agencies and the officers thereof. Such provisions include, but are not necessarily limited to:

A. Anti-lobbying Certification: No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence any officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement.

If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an officer or employee of a Member of Congress in connection with a federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure form to Report Lobbying," in accordance with its instructions.

The Contractor further agrees to include the language of this certification in the award documents for subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements and that all subrecipients and subcontractors shall certify and disclose accordingly.

B. Nondiscrimination/Equality of Opportunity: The Contractor shall comply with non-discrimination and equal opportunity provisions of the Laws and Regulations of the United States, the State of Washington, the Charter and Ordinances of the City of Longview and their derivative administrative regulations and procedures.

Section 8 Contractors:

A. Review of Contract Documents and Field Conditions by Contractor: Since the Contract Documents (defined in Attachment A, the Request for Proposals (RFP) issued by LHA) are complementary before starting each portion of the Work, the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the Work, as well the information furnished by the Owner, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering errors, omissions or inconsistencies in the Contract Documents; however, any errors, omissions or inconsistencies discovered by the Contractor shall be reported promptly to the ED as a request for information.

Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the ED, but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design, professional unless otherwise specifically provided in the Contract Documents.

B. Supervision and Construction Procedures: The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contactor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning Construction means, methods, techniques, sequences or procedures, the Contractor shall be fully and solely responsible for the jobsite safety thereof unless the Contractor gives timely written notice to the Owner and Architect that such means, methods, techniques, sequences or procedures may not be safe.

The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors.

C. Labor and Materials: Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the work whether temporary or permanent and whether or not incorporated or to be incorporated in the work.

The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them.

The Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order.

D. Warranty: The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the work will be free from defects not inherent in the quality required or permitted, and that the work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse or modifications not executed by the Contractor, improper or insufficient maintenance, improper operation or normal wear and tear and normal usage.

E. Taxes: The Contractor shall pay sales, consumer, use and other similar taxes which are legally enacted when bids are received or negotiations concluded.

F. Permits, Fees and Notices: Unless otherwise provided in the Contract Documents; the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the work.

The Contractor shall comply with and give notices required by laws, ordinances, rules; regulations and lawful orders of public authorities applicable to performance of the work. The Contractor shall promptly notify the ED if the Drawings and Specifications are observed by the Contractor to be at variance therewith. If the Contractor performs work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the ED, the Contractor shall assume appropriate responsibility for such work and shall bear the costs attributable to correction.

G. Submittals: The Contractor shall review for compliance with the Contract Documents, approve in writing and submit to the ED Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptness. The work shall be in accordance with approved submittals.

Shop drawings, product data, samples and similar submittals are not contract Documents.

H. Use of Site: The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumb3er the site with materials or equipment. The Contractor shall deliver, handle, store and install materials in accordance with manufacturers' instructions.

I. Cutting and Patching: The Contractor shall be responsible for cutting, fit parts fit together properly:

J. Cleaning Up: The Contractor shall keep the premises and surrounding area free from accumulation of Waste materials or rubbish caused by operations under the Contract At completion of the work, the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery, and surplus material.

K. Royalties, Patents and Copyrights: The Contractor shall pay all royalties and license fees; shall defend suits or clan for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings; Specifications or other documents prepared by the LHA, unless the Contractor has reason to believe that there is an infringement of patent or copyright and fails to promptly furnish such information to the ED.

L. The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located.

Section 9 - Extra Work: LHA may desire to have the Contractor render construction services in connection to this project in addition to the items specified in Attachment A and B. Such construction services shall be considered to be extra work and will be specified in a written supplement to this Agreement which shall set forth the nature and scope of the additional work as well as the level, maximum amount and methods of compensation to the Contractor for the additional work to be performed. Such additional services shall not be initiated until notice to proceed is issued in writing by LHA.

In the event that the LHA may desire to have the Contractor render additional services, The Contractor shall provide supporting cost information in sufficient detail to permit the LHA to perform the required cost or price analysis required pursuant to 24 CFR 85.36 (f) prior to the issuance of a contract modification/amendment for such services.

Section 10 - Indemnification: The Contractor agrees to indemnify and hold LHA, its agents, employees and Commissioners harmless from any and all suits, claims, costs, including claims for wages and employment benefits, taxes or liabilities of any sort, including costs and expense for, or on account of injuries or damages arising from acts or omissions of the Contractor committed in connection with the services to be provided pursuant to this Agreement if the Contractor is found to be negligent in how it delivered construction services to LHA. If an action is brought against LHA, which action arises from services provided pursuant to this Agreement, the Contractor shall, upon notice, defend same at its sole cost if the Contractor is found to be negligent in how it delivered construction services to LHA. The Contractor agrees that its obligations under this paragraph extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees or agents.

In any action against LHA and any other entity indemnified in accordance with this section, by any employee of Contractor, its Subcontractors, Sub-subcontractors, agents, or anyone directly or indirectly employed by any of them, the indemnification obligation of this section shall not be limited by a limit on the amount or type of damages, compensation, or benefits payable by or for Contractor or any Subcontractor under RCW Title 51, the Industrial Insurance Act, or any other employee benefit acts. In addition, Contractor waives immunity, as to LHA only, in accordance with RCW Title 51, if the Contractor is found to be negligent in how it delivered services to LHA.

Section 11 - Insurance: Prior to undertaking any work under this Agreement, the Contractor shall procure and maintain continuously for the duration of this agreement, insurance coverage as specified below, in connection with the performance of the work of this Agreement by the Contractor, its agents, representatives, employees and/or subcontractors.

General Requirements: All work covered by this agreement done at the site of construction or in preparing or delivering materials to the site shall be at the risk of the Contractor alone.

To the greatest extent permitted by law, Contractor shall defend, indemnify and hold LHA and their respective employees, agents, and officers (“Indemnitees”) harmless from and against any and all claims, losses, damages, or other liabilities, (including any costs, expenses or fees, attorney’s fees, Contractor and expert witness fees, investigation and/or court costs) on account of bodily injury, disease or death of any person (including employees of Contractor or its sub-subcontractors), or loss, injury, damage or destruction of any property, including any work on the Project itself, directly or indirectly, allegedly or actually caused by, arising out of, or resulting from Contractor’s presence or any of Contractor’s work, or the work of its subcontractors at or off the jobsite, or any party for whom Contractor may be legally liable. Contractor’s defense and indemnity obligations are not limited by Contractor’s requirement to provide the insurance coverage’s specified herein, including, but not limited to, the coverage of any workers’ compensation, disability benefit or other statute.

The following is specifically understood: 1) Contractor’s defense obligations hereunder extend to any claimed damages or loss arising out of Contractor’s work even if such loss is alleged to have been caused by negligence of Indemnitees; 2) Contractor’s indemnity obligations hereunder shall include all loss or damage arising from its work which may have been caused in part by negligence of Indemnitees; 3) except with respect to bodily injury claims brought against Indemnitees for injuries at the work site by employees of Contractor (where employees are prohibited from claiming against their employers on the grounds of negligence), Contractor shall not be obligated to indemnify Indemnitees for loss or damage to the extent it is ultimately determined to have been caused by the sole negligence or willful misconduct of Indemnitees.

Contractor shall assume all liability for management, storage, containment, use, transport or disposal of any and all hazardous or toxic material associated with Contractor’s or its subcontractors’ Work, in strict compliance with all federal, state and local laws and regulations regarding such materials. Contractor’s defense and indemnity obligations owed to Owner and Project Manager , shall fully extend and apply to all claims, losses, damages, clean-up requirements or other liabilities arising out of Contractor’s management, use, storage, transport, containment, or disposal of any hazardous or toxic materials.

Contractor’s Insurance: Before Contractor may enter or deliver material or equipment to the jobsite, render invoices, or be paid for any work, Contractor shall provide Owner and Project Manager written proof that it has the following insurance:

(1) Commercial General Liability covering bodily injury, property damage and personal injury liability for all premises and operations of Contractor in connection with this Project on ISO form CG 00 01 (“occurrence form”) with defense in addition to limits of liability. Coverage shall include: contractual liability (with defense for indemnitees); products and completed operations liability; independent contractors liability; broad form property damage liability (including completed operations); waiver of insurer’s rights of subrogation against Owner and Project Manager; no exclusion for loss from explosion, collapse or underground (XCU) hazards; CG 00 57 9/99 or equivalent if “known” or “continuing damage” loss is limited; Owner and Project Manager as Additional Insured’s for liability arising out of Contractor’s work - ISO endorsement CG 20 10 11 85 (or both new forms CG 20 10 and CG 20 37). Coverage for Owner and Project Manager as insured’s for Contractor’s completed operations shall be continued for as long as Owner and Project Manager may be exposed to liability arising from Contractor’s work. Coverage of additional insured’s shall be primary and non-contributory; deductibles or self-insured retentions, if any, are to be approved by Owner and entirely at Contractor’s expense. Limits of liability shall be no less than (Owner’s decision) each occurrence, (Owner’s decision) per project general aggregate, (Owner’s decision) aggregate limit for products/completed operations.

(2) Workers’ Compensation fully complying with laws of all states and jurisdictions in which Contractor performs its work. Policy shall waive subrogation against Owner and Project Manager.

(3) Employer’s Liability with limits not less than $1,000,000 each accident, $1,000,000 aggregate for occupational disease. Coverage may be supplied either by Contractor’s workers' compensation or commercial general liability policy.

(4) Business or Commercial Auto Policy covering all owned, non-owned, hired, rented or borrowed autos (Symbol 1, Any Auto), with limits no less than $1,000,000 each accident. Policy insurer shall waive subrogation against Owner and Project Manager.

(5) Contractors Professional Liability Insurance shall be required of any and all design, engineering or other professionals engaged by Contractor in the Project covering any negligent act, error or omission arising from professional services performed for this Project with limits of at least $2,000,000 each claim or higher limits as Owner may deem appropriate for the Work, bearing in mind that Professional Errors and Omissions (E&O) policies are normally written on a "claims made" basis with defense included in limits. Coverage shall continue for three years following completion of the Project, either by annual renewals or by extended reporting provision. Certificates of Insurance must be provided to both Owner and Project Manager indicating the coverage and coverage/reporting extensions.

(6) Certificates of All Policies shall be provided before work may be started, giving evidence of coverage issued by insurers permitted to write insurance in the state where the work is to be performed, with current A M Best ratings of A-VII or better, and providing Owner and Project Manager with unconditional thirty (30) day written notice of cancellation and evidence of appropriate additional insured and primary noncontributing endorsements on the general liability insurance.

(7) Subcontractors: Contractor shall impose these insurance requirements upon each of its subcontractors and Contractors, and shall require each to include Contractor, Owner and Project Manager as additional insured’s for operations and completed operations under their respective general liability policies on primary and noncontributing terms. Contractor shall require each subcontractor and Contractor to provide a certificate of insurance for Owner and Project Manager, with unconditional thirty (30) day written notice of cancellation and copies of endorsements giving evidence of appropriate additional insured and primary noncontributing terms in favor of Owner and Property Manager.

Section 12 - Notice of Approval: Whenever notice is required to be given under this agreement, it shall be given in writing, and such notice shall be given by certified or registered mail to the following respective addresses or to such subsequent respective addresses as either party may hereafter designate in writing:

LHA Longview Housing Authority
1207 Commerce Ave.
Longview, Washington 98632
Attn.: Executive Director

Contractor Contractor.
123 Main St.
City, ST, Zip Code

Notice sent by mail shall be deemed to have been given three (3) days after proper mailing, and the postmark affixed by the U. S. Post Office shall be conclusive evidence of the date of mailing. Approvals, where required by this Agreement, shall be effective in the same manner.

Section 13 - Status of Contractor and Employees: Neither the Contractor, the Subcontractor, employees, agents, or volunteers of the Contractor or Subcontractor, shall be deemed or represent themselves as employees of LHA or the grantor funding this project on account of the services performed in connection with this contract.

Section 14 - Termination and Suspension: Either party to this agreement may terminate this Agreement for any reason by providing written notice to the other party thirty (30) days prior to the effective date of termination. LHA may terminate this Agreement upon seven (7) days notice in the event that:
A. The quality of construction service or materials provided by the Contractor is, as determined by LHA, below standard, late or otherwise unacceptable; or
B. The Contractor fails to provide the construction services called for by this Agreement, including the scope of work included in Attachment A, within the time specified; or
C. Federal, state, or local funds allocated by LHA for this project are or become no longer available to LHA for the purpose of conducting the project or compensating the Contractor.

LHA may suspend, without recourse, the Contractor’s obligation to render services to LHA, and LHA’s obligation to pay for further services, by providing written notice to the Contractor, specifying the effective period of such suspension.

In the event of the termination and/or suspension of this agreement, Contractor shall be compensated for work completed at the time Contractor is informed of the termination and/or suspension and reimbursed for expenses incurred to date.

Section 15 - Ownership: All records, reports, documents and other materials produced in connection with or provided to LHA under the terms of this Agreement shall become the property of LHA, and LHA hereby grants the Contractor the right to reproduce, use, and modify such materials, without cost, at the Contractor’s discretion without further permission from LHA. The Contractor will ensure such action follows any and all Federal and State regulations and that LHA’s privacy rights are protected.

Section 16 - RENEWALS and Extensions: The parties may mutually agree, in writing, to extend the term of this Agreement. Upon the completion of the extended date of this Agreement it shall expire unless LHA gives prior notice that the Agreement shall be extended, and both parties sign an amendment to this Agreement extending the term.

Section 17 - Complete Agreement: This Agreement, consisting of Sections 1 through 18 of this document, Attachments A and B (Request for Proposal and Contractor's Proposal) contains all covenants, stipulations and provisions agreed upon by the parties. In the event of inconsistencies in language between this Agreement, Attachment A (the Request for Proposal), and Attachment B (the Contractor's Proposal), the order of presidence shall be this Agreement, then Attachment A, and finally Attachment B. No agent or representative of either party has authority to make, and the parties shall not be bound by or be liable for any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an Amendment to this Agreement.

Section 18 - Execution and Acceptance: This Agreement may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The Contractor does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement on this ____ day of __________________ by having their representatives affix their signature below.

Longview Housing Authority Contractor
1207 Commerce Ave. 123 Main St.
Longview, WA 98632 City, ST. Zip Code



By: By:















































FEDERAL CONTRACT REQUIREMENTS
U.S. DEPARTMENT OF HOUSING
and
URBAN DEVELOPMENT
































Clark County
Community Development Block Grant
Program

Updated: 1/16/03
1. PRECONSTRUCTION CONFERENCE
Either before or soon after the actual award of the Contract (but in any event prior to the start to Work at site), the Contractor or his representative, and his subcontractors, shall attend a Preconstruction Conference with representatives of the Owner, the Engineer, or Architect, and the Clark County Community Development Block Grant Program. The Conference will be held to establish procedures for handling shop drawings and other submittals and for processing applications for payment, and to acquaint the participants with the general plan of contract administration and requirements under which the construction operation is to proceed. The date, time, and place of the Conference will be furnished to the Contractor by the Owner or the Architect/Engineer. The Contractor will notify his subcontractors of the Conference and require their attendance.


2. SUBMISSION OF COMPLIANCE DOCUMENTS
In order to document his compliance with the Clark County Community Development Block Grant Program requirements and Federal regulations, the successful Bidder will be required to submit and to require his subcontractors to submit various forms and reports required by the Contract Documents, including: (a) HUD Contract and Sub-Contract Activity Form; (b) DOL Monthly Utilization Forms; (c) HUD Weekly Payroll; (d) Clark County Female-Owned Business Form; (e) Contractor/ Subcontractor Contract Agreement, whether the contractor or subcontractor is a sole proprietor, an owner performing all work on the project, a contractor with no employees, or otherwise. Contractors and subcontractors will be required to allow interviews with employees on the job during working hours.


3. ACCESS TO RECORDS
The Secretary of HUD, the Clark County Community Development Block Grant Program, the Comptroller General of the United States, the Owner and any of their duly authorized representatives shall have access to all books, accounts, records, reports, files, and other papers or property of the Contractor and his Subcontractors pertaining to work performed under this Contractor and his Subcontractors pertaining to work performed under this Contract for the purpose of making surveys, audits, examinations, excerpts, and transcripts. The Contractor shall retain records pertinent to this Contract for a period of three years from the date of termination or completion of this contract.


4. ELIGIBLE SUBCONTRACTORS
The Contractor shall not propose or contract with any person or entity included in the United States Department of Housing and Urban Development Consolidated List of Debarred, Suspended, and Ineligible Contractors and Grantees.


5. INTEREST OF CERTAIN FEDERAL OFFICIALS
No member of or delegate to the Congress of the United States and no Resident Commissioners shall be admitted to any share or part of this Agreement or to any benefit that may arise hereunder.


6. INTEREST OF OWNER'S EMPLOYEES OR OTHER PUBLIC OFFICIALS
No member officer, or employee of Clark County, or its designees or agents, no member of the governing body of the city in which the Project is located, and no other public official of the city in which the Project is located who exercises any functions or responsibilities with respect to the Clark County Community Development Block Grant Program during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or any subcontract, or the proceeds thereof. The Contractor shall incorporate, or cause to be incorporated, in all subcontracts a provision prohibiting such interest.

7. CERTIFICATION REGARDING LOBBYING
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

By signing this contract the undersigned certifies, to the best of his or her knowledge and belief, that:

No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants. loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

8. NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (41 CFR 60-4.2(d) - Executive Order 11246)

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.

B. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:



Goals for minority participation
in each trade Goals for female participation
in each trade
4.5% 6.9%


C. The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 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.

D. As used in this Notice, and in the contract resulting from this solicitation, the covered area is Clark County, Washington.


9. HISTORICAL OR CULTURAL ARTIFACTS

In the event that historical, cultural artifacts, and/or human remains are discovered at the Project site during construction or rehabilitation, the CONTRACTOR shall immediately stop construction and notify the OWNER’s representative.

10. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (41 CFR 60-4.3 - Executive Order 11246)

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 tile Director delegates authority;

3. "Minority" includes:
(i) Black (all persons having origins in any of the Black African racial groups
not of Hispanic origin);
(ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South
American or other Spanish Culture or origin, regardless of race);
(iii) Asian and Pacific Islander (all persons having origins in any of the original
peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the
Pacific Islands); and
(iv) American Indian or Alaskan Native (all persons having origins in any of the
original peoples of North American and maintaining identifiable tribal
affiliations through membership and participation or community
identification).

B. Whenever the Contractor, or any Subcontractor at any tier, Subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract the 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 solicitations from which this contract resulted.

C. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with the Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables.

D. The Contractor shall implement the specific affirmative action standards provided in paragraphs G(1) through G(16) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified.

E. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.

F. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor.

G. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following:

1. Ensure and maintain a working environment free of harassment, intimidation, and coercion, at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities.
2. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses.
3. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, recruitment source or community organization and of what action was taken with respect to each such individual, If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by 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 union with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations.
5. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under G(2) above.
6. Disseminate the Contractor’s EEO policy by providing noitice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEP policy on bulletin boards accessible to all employees at each location wehre construction work I performed.
7. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter.
8. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business.
9. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organization such as the above, describing the openings, screening procedures, and tests to be used in the selection process.
10. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force.
11. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3.
12. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities.
13. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out.
14. Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing shall be provided to assure privacy between the sexes. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.
15. Document and maintain a record of all solicitations of offers for subcontractors from minority construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations.
16. Conduct a review, at least annually, of all supervisors adherence to and performance under the Contractor's EEO policies and affirmative action obligations.

H. Contractors are encouraged to participate in voluntary associations that assist in fulfilling one or more of their affirmative action obligations (G(1) through G(16)). The efforts of a contractor association, joint contractor-union, contractor- community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p 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 to the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance.

I. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is under utilized).

J. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin.

K. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246.

L. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended.

M. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph G of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8.

N. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.

O. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g, those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).

11. COMPLIANCE WITH EQUAL OPPORTUNITY PROVISIONS FOR CONSTRUCTION PROJECTS (EO 11246, Subpart B - Contractors' Agreements SEC. 202)

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 of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

B. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

C. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers representative of the contractor's commitments under section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

D. The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

E. The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

F. In the event of the contractor's noncompliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

G. The contractor will include the provisions of paragraphs (A) through (G) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

12. SECTION 3 (24 CFR 135.38)

A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low and very low income persons, particularly persons who are recipients of HUD assistance for housing.

B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations.

C. The Contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number of job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135.

E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135.

F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

13. CERTIFICATION OF NONSEGREGATED FACILITIES

By signing the Bid Proposal, the Bidder certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The Bidder certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location under his control where segregated facilities are maintained. The Bidder agrees that a breach of this certification will be a violation of the Equal Opportunity clause in any contract resulting from acceptance of this Bid. As used in this certification, the term segregated facilities means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. The Bidder agrees that (except where he has obtained identical certification from proposed sub-contractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files.

*Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

14. FEDERAL LABOR STANDARDS PROVISIONS

A. Applicability
The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance.

B. Minimum Wages
1. All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cost equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section l(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(l)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period.

Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed, The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(l)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.

2. Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:

· The work to be performed by the classification requested is not performed by a classification in the wage determination; and
· The classification is utilized in the area by the construction industry; and
· The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

3. If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.)

4. In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise) HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.)

5. The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (B)(2) or (3) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
(a) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor Shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(b) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations, under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.)

C. Withholding
HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages requited by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts.

D. Payrolls and Basic Records
1. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof of the types described in Section 1 (b)(2)(B) of the Davis Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(l)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or described in Section l(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the cost anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.)

The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(I). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.)

2. Each payroll submitted shall be accompanied by a Statement of Compliance, signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(a) That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5 (a)(3)(I) and that such information is correct and complete;
(b) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3;
(c) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.

3. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the Statement of Compliance required by paragraph D(2) of this section.

4. The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.

5. The contractor or subcontractor shall make the records required under paragraph D(1) of this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12.

E. Apprentices and Trainees
Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determi-nation. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a state Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

F. Trainees
Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

G. Equal Employment Opportunity
The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30.

H. Compliance with Copeland Act Requirements
The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract.

I. Subcontractors
The contractor or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5.

J. Contract termination; debarment
A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

K. Compliance with Davis-Bacon and Related Act Requirements
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract.

L. Disputes concerning labor standards
Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives.

M. Certification of Eligibility

1. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.

2. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.

3. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C., Federal Housing Administration transactions”, provides in part: “Whoever, for the purpose of…. influencing in any way the action of such Administration...makes, utters or publishes any statement knowing the same to be false… shall be fined not more than $5,000 or imprisoned not more than two years, or both."

N. Complaints, Proceedings, or Testimony by Employees
No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified, or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer.

O. Contract Work Hours and Safety Standards Act
As used in this paragraph, the terms laborers and mechanics include watchmen and guards.
1. Overtime requirements
No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek in any contract in an amount in excess of $100,000.

2. Violation; liability for unpaid wages; liquidated damages
In the event of any violation of the clause set forth in subparagraph P(1) of this paragraph, the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages.

In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph P(1) of this paragraph, in the sum of $10 for each calendar day which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime w wages required by the clause set forth in subparagraph P(1) of this paragraph.

3. Withholding for unpaid wages and liquidated damages
HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph P(2) of this paragraph.

4. Subcontracts
The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph P(1) through P(4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs P(1) through P(4) of this paragraph.

5. Health and Safety
A. No laborer or mechanic shall be required to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation.
B. The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96).
C. The Contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions.

15. CLEAN AIR AND WATER POLLUTION CONTROL ACTS

A. The contractor shall comply with all applicable standards, orders, or requirements issued under the Federal Water Pollution Control Act (33 USC 1251 et seq.) the Clean Air Act (42 USC 1857 et seq.), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Parts 15 and 61) including the following requirements:
The Contractor warrants that any facility utilized in the performance of this agreement is not
listed on the EPA List of Violating Facilities pursuant to 40 CFR 15.20 as of the date of
contract award.

B. The Contractor will comply with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in said sections and all regulations and guidelines issued thereunder.

C. The Contractor agrees that as a condition for the award of this contract he will notify the owner of the receipt of any communication from the Assistant Administrator of EPA that a facility to be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities; and will make any such notification promptly prior to contract award.

D. The Contractor will include or cause to be included the criteria and requirements in paragraphs (A) through (D) of this article in every non-exempt subcontract and will take such action as the United States Government or its agencies may direct as a means of enforcing such provisions.





































Current Davis-Bacon Wage Rates


GENERAL DECISION: WA20080031 07/17/2009 WA31

Date: July 17, 2009
General Decision Number: WA20080031 07/17/2009

State: Washington

Construction Type: Residential

County: Cowlitz County in Washington.

RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family
homes and apartments up to and including 4 stories).

Modification Number Publication Date
0 04/24/2009
1 06/26/2009
2 07/03/2009
3 07/17/2009

CARP0003-009 07/01/2008

Rates Fringes

Carpenters:......................$ 20.18 9.52
----------------------------------------------------------------
ELEC0970-002 03/05/2005

Rates Fringes

ELECTRICIAN......................$ 20.00 3%+$8.60
----------------------------------------------------------------
ENGI0701-007 01/01/2009

Rates Fringes

Power equipment operators:
GROUP 1.....................$ 36.22 10.90
GROUP 1A....................$ 38.03 10.90
GROUP 1B....................$ 39.84 10.90
GROUP 2.....................$ 34.65 10.90
GROUP 3.....................$ 33.69 10.90
GROUP 4.....................$ 32.78 10.90
GROUP 5.....................$ 31.71 10.90
GROUP 6.....................$ 28.82 10.90

POWER EQUIPMENT OPERATORS CLASSIFICATIONS

GROUP 1: LATTICE BOOM CRANE: Operator 200 tons through 299
tons, and/or over 200 feet boom; HYDRAULIC CRANE: Hydraulic
Crane Operator 90 tons through 199 tons with luffing or
tower attachments

GROUP 1A: HYDRAULIC CRANE: Hydraulic Operator, 200 tons and
over (with luffing or tower attachment); LATTICE BOOM
CRANE: Operator, 200 tons through 299 tons, with over 200
feet boom

GROUP 1B: LATTICE BOOM CRANE: Operator, 300 tons through 399
tons with over 200 feet boom; Operator 400 tons and over

GROUP 2: BULLDOZERS: Bulldozer operator over 120,000 lbs and
above; Bulldozer operator, twin engine; Bulldozer
Operator,tandem, quadnine, D10, D11, and similar type;
HYDRAULIC CRANE: Hydraulic crane operator 90 tons through
199 tons (without luffing or tower attachment); LATTICE
BOOM CRANE: 90 through 199 tons and/or 150 to 200 feet
boom; Operator, 30 tons but less than 150 tons; LOADERS:
Loader operator, 120,000 lbs. and above; HYDRAULIC
HOES-EXCAVATOR: Excavator over 130,000 lbs.; HYDRAULIC
CRANE: Hydraulic crane operator, 50 tons through 89 tons
(with luffing or tower attachment)

GROUP 3: BULLDOZERS: Bulldozer operator, over 70,000 lbs. up
to and including 120,000 lbs.; HYDRAULIC CRANE: Hydraulic
crane operator, 50 tons through 89 tons (without luffing
or tower attachment); LATTICE BOOM CRANES: Lattice Boom
Crane-50 through 89 tons (and less than 150 feet boom);
HYDRAULIC HOES-EXCAVATOR: excavator over 80,000 lbs.
through 130,000 lbs.; LOADERS: Loader operator 60,000 and
less than 120,000
GROUP 4: BULLDOZERS: Bulldozer Operator over 20,000 lbs and
more than 100 horse up to 70,000 lbs; CRANE: Hydraulic
Crane Operator, under 50 tons; LATTICE BOOM CRANE OPERATOR:
Lattice Boom Crane Operator, under 50 tons; HYDRAULIC HOES
EXCAVATOR: Robotic Hydraulic backhoe operator, track and
wheel type up to and including 20,0000 lbs. with any or all
attachments; Excavator Operator over 20,000 lbs through
80,000 lbs.; LOADERS: Loaders Operator, front end and
overhead, 25,000 lbs and less than 60,000 lbs; Rubber-tired
dozers

GROUP 5: Roller Operator; BULLDOZERS: Bulldozer operator,
20,000 lbs. or less or 100 horse or less; DRILLING: Churm
Drill and Earth Boring Machine Operator; Directional Drill
Operator over 20,000 lbs pullback; HYDRAULIC HOES
EXCAVATORS: Hydraulic Backhoe Operator, wheel type (Ford,
John Deere, Case type); Hydraulic Backhoe Operator track
type up to and including 20,000 lbs.; LOADERS: Loaders,
rubber- tired type, less than 25,000 lbs;

GROUP 6: CRANE: Oiler; LOADERS: (less than 1 cu yd.)
----------------------------------------------------------------
IRON0029-005 07/01/2009

Rates Fringes

Ironworkers: (Reinforcing,
Structural and Ornamental).......$ 33.12 17.40
----------------------------------------------------------------
* LABO0335-010 06/01/2008

Rates Fringes

Hod Carrier
Brick Mason Tender/Hod
Carrier.....................$ 29.58 8.40
----------------------------------------------------------------
LABO0335-012 06/01/2008

Rates Fringes

Laborers:
Grade Checker; Pipelayer....$ 28.88 8.40
Mason Tender-
Cement/Concrete.............$ 28.06 8.40
----------------------------------------------------------------
PAIN0055-011 10/01/2008

Rates Fringes

Painters:
Roller......................$ 19.69 7.14
Spray.......................$ 20.29 7.14
----------------------------------------------------------------
PLUM0082-005 06/01/2007

Rates Fringes

PLUMBER..........................$ 23.98 5.75
----------------------------------------------------------------
ROOF0153-003 01/01/2008

Rates Fringes

ROOFER (Including Built up
Roof, Composition Roof, Shake
and Shingle Roof)................$ 27.00 9.29
----------------------------------------------------------------
SHEE0066-014 01/01/2009

Rates Fringes

SHEET METAL WORKER (Including
HVAC Duct Installation)..........$ 18.03 8.72
----------------------------------------------------------------
SUWA2009-004 01/07/2009

Rates Fringes

CEMENT MASON/CONCRETE FINISHER...$ 28.16 3.98

LABORER: Common or General......$ 13.95 1.30

OPERATOR: Concrete Pump.........$ 17.32 0.97

OPERATOR: Grader/Blade..........$ 20.85 0.00

OPERATOR: Screed................$ 17.00 0.00
----------------------------------------------------------------

WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
========================================================

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 (29 CFR 5.5(a)(1)(ii)).

----------------------------------------------------------------
--

In the listing above, the "SU" designation means that rates
listed under the
identifier do not reflect collectively bargained wage and
fringe benefit
rates. Other designations indicate unions whose rates have
been determined
to be prevailing.

----------------------------------------------------------------
--

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can
be:

* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage
determination matter
* a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests
for summaries
of surveys, should be with the Wage and Hour Regional Office
for the area in
which the survey was conducted because those Regional Offices
have
responsibility for the Davis-Bacon survey program. If the
response from this
initial contact is not satisfactory, then the process described
in 2.) and
3.) should be followed.

With regard to any other matter not yet ripe for the formal
process
described here, initial contact should be with the Branch of
Construction
Wage Determinations. Write to:

Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an
interested party
(those affected by the action) can request review and
reconsideration from
the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR
Part 7).
Write to:

Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210

The request should be accompanied by a full statement of the
interested
party's position and by any information (wage payment data,
project
description, area practice material, etc.) that the requestor
considers
relevant to the issue.

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