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Home My WebLink AboutPK05-279 - Original - King County Housing Authority - CDBG Funded Springwood Community Center - 01/01/2005 <.16k x e co rd s M � eflR_ n�ie=r "47._ KENT Why„,„GTON Document NT CO RACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact City Clerks Office. Vendor Name: King_County Housing Authority Vendor Number: 34755 JD Edwards Number Contract Number: This is assigned by Deputy City Clerk Description: Funding for Springwood Community Center Detail: City providing funds for the construction of administrative offices and community ` center which serves low-income youth. Project Name: Springwood Community Center Contract Effective Date: 1/1/05 Termination Date: 12/31/05 Contract Renewal Notice (Days): 30 Number of days required notice for termination or renewal or amendment Contract Manager: Dinah Wilson Department: Parks/Human Services l Abstract: This is a new contract for 2005. City Council approval received on 11/2/04. S Public\RecordsMonagement\Forms\ContractCover\ADCL7832 07/02 CDBG AGREEMENT BETWEEN CITY OF KENT � AND KING COUNTY HOUSING AUTHORITY SPRINGWOOD COMMUNITY CENTER This Agreement, entered into this 1st day of January, 2005 , between the City of Kent, a Washington municipal corporation (hereinafter the "City") and King County Housing Authority (hereinafter the "Agency"). RECITALS WHEREAS, the City is an entitlement City applicant for Community Development Block Grant ("CDBG") funds (Catalogue of Federal Domestic Assistance-CFDA 14 218) under the Housing and Community Development Act of 1974 (the "Act"), as amended, Pub L No 93-383, 88 Stat 633 (1974), and anticipates receiving CDBG funds for the purpose of carrying out eligible community development and housing activities under the Act and under regulations promulgated by the Department of Housing and Urban Development ("HUD"), at 24 CFR § 570, et seq , and WHEREAS, the City desires to contract with the Agency for the performance of certain eligible activities described within this Agreement, and WHEREAS, it is appropriate and mutually desirable that the Agency be designated by the City to undertake the aforementioned eligible activities, so long as the requirements of the Act, HUD regulations, and state and local laws are adhered to, as provided for herein, and WHEREAS, the purpose of this Agreement is to provide for cooperation between the City and the Agency, as the parties to this Agreement, in the provision of such eligible activities, and WHEREAS, the parties are authorized and empowered to enter into this Agreement pursuant to the Act, RCW 35 21 730 to .735, and/or by the Constitution and the enabling laws of the State of Washington, NOW THEREFORE, For and in consideration of the terms and conditions provided in this Agreement, the parties mutually covenant and agree as follows: i i INDEX TO AGREEMENT PART I -GENERAL CONDITIONS. . . .. .... ........ ............. ...... .............. 1 1 Scope Of Agreement 1 2 Scope Of Protect 1 3 Program Benefit-§ 570 208(a) .. .. .............................. 1 4 Commencement And Termination Of Protect(s) .2 5 Administration . ..... .. . . 2 6 Compensation And Method Of Payment 2 7 Eligible Costs ...... .... ..... .... 3 8 Operating Budget 3 9 Funding Alternatives And Future Support. . . .. . . . .............. .. .... 3 10 Amendments ................... .... . 3 11 Assignment And Subcontracting .. . .. . . 4 12 Hold Harmless And Indemnification .. . . . . ........... .. . 4 13 Protect Close-Out . .. . .....4 14 Insurance 4 15 Conflict Of Interest 4 16 Suspension And Termination Of Agreement 5 17 Safeguarding Of Client Information 6 PART II - FEDERAL, STATE, AND LOCAL PROGRAM REQUIREMENTS 6 1 Nondiscrimination 6 2 Section 504 And Americans With Disabilities Act 8 3 Procurement Standards 8 4 Uniform Administrative Requirements And Cost Principles - § 570 502, 570 610 8 5 Program Income - § 570 504 9 6 Public Information . . ...................... . . ................... ....,.......... 9 7 Other Federal And State Requirements ..9 8 Local Requirements 9 Public service programs must comply with sections 9 and 10 . . . 10 9 Nonsubstitution For Local Funding ....... .. 10 10 Faith-Based Activities—§570 2000) . .......... . ..... .. ...., .. 10 Acquisition or improvement of real property protects must comply with sections 11 through 18 . ..... . 11 11 Accessibility .. .... 11 12 Environmental Review 11 13 Labor Standards- § 570 603 .. 12 14 Volunteers-24 CFR § 70 12 15 Acquisition And Relocation ......... . . ........... .. . . . . .............. . . . ............... ...... 13 16 Public Ownership . ....... . .. . ................ . . . .. ......... . ........ 13 17 Reversion Of Assets- § 570 505 ... 13 18 Property Management Standards 13 19 Additional Local Requirements ............ . . . .............. . .. ... . ........ 14 PART III -MONITORING & REPORTING REQUIREMENTS ..14 1 Monitoring .14 2 Program Reporting .. .... . . .............. . . ................ . .. ................ . ........... . 14 3 Fiscal Reporting Responsibilities. . . . ........... . . . . ......... . ,15 4 Audits .......... ................... .. ...... .... . . 15 PART IV—RECORDKEEPING REQUIREMENTS . ................ .16 1 Program Records and Inspections 16 2 Program Benefit Records - § 570 506(b) 16 3 Financial Records .. ... .. ..... .. .. ..... . . ..................................... .... . ...... A7 4 Records Of Program Operations, Management And Evaluation . .... ............ ...... ........... . ..... 17 5 Property Records .. ....... 17 6 Procurement Records—OMB Circular A-110 17 7 Nondiscrimination And Equal-Opportunity Records—§ 570 506(g) 18 8 Conflict Of Interest ............ .... . .. .... 18 9 Verification Of Subcontractor's Eligibility—24 CFR 5 18 10 Additional Requirements for Acquisition or Improvement of Real Property Protects ....... 18 I I Ya% PART I - GENERAL CONDITIONS 1. SCOPE OF AGREEMENT The agreement between the parties shall consist of this Agreement and its signature page, the recitals page, the general conditions and any special conditions, the federal, state and local program requirements, the monitoring and reporting requirements, the recordkeeping requirements, each and every project exhibit, appendix, and attachment incorporated into the Agreement, all matters and laws incorporated by reference herein, and any written amendments made according to the general conditions This Agreement supersedes any and all former agreements applicable to projects attached as Exhibits to this Agreement 2. SCOPE OF PROJECT A The Agency shall use the funds provided herein only to perform the activities authorized by this Agreement and as set forth in the CDBG Project Scope of Services, which is attached as Exhibit A and incorporated by this reference In the case of multiple projects, each project shall correspond to a separate Exhibit This Agreement may be amended from time to time, in accordance with the general conditions, for the purpose of adding new projects, amending the scope of work, or for any other lawful purpose B Agencies funded by the City to carry out neighborhood revitalization, community economic development, or energy conservation projects shall meet the qualifications of a Community Based Development Organization (CBDO) pursuant to 24 C F R § 570 204(c) The "carry out" requirement "means that the CBDO undertakes the funded activities directly or through contract with an entity other than the [City], or through the provision of financial assistance for activities in which it retains a direct and controlling involvement and responsibilities " 24 C F R § 570.204(a)(4) 3. PROGRAM BENEFIT—24 C F R § 570 208(a). Activities undertaken by this Agreement must predominantly benefit low and moderate income persons At least seventy (70) percent of the persons served by these activities must be low or moderate income persons as defined in Exhibit B, which is attached and incorporated by this reference The following requirements apply A. The Agency shall ascertain household income of persons applying for and receiving assistance to assure compliance with the income limits defined in Exhibit B, and shall maintain records pursuant to Part IV of this Agreement, Section 2(B), or B. If the activity exclusively serves a clientele, which by federal regulation is "presumed" to be low and moderate income, individual income verification is not required Persons eligible for this presumption are specified in Part IV of this Agreement, Section 2(C) In this case, the Agency shall maintain appropriate data to validate the presumption, as provided in Part IV, Section 2(C), or C If the activity is such that it is not feasible to identify and record beneficiaries, the total population of the area from which the beneficiaries are drawn must be predominantly low and moderate income In this case, the Agency shall maintain substantiation data as required by Part IV of this Agreement, Section 2(D) D The benefit to low and moderate income beneficiaries must be in the form of a free or reduced cost service If beneficiaries are charged for services, the charges to low and moderate income beneficiaries, and to all other beneficiaries, shall be as specified in the Exhibit(s), if applicable Changes to the structure of charges during the term of this Agreement (and, In the case of a � 1 I facility project, for five years thereafter) must preserve an identical discount for low and moderate Income beneficiaries, and the change must be approved by the City E. The low and moderate Income limits in effect at the time of execution of this Agreement are specified in Exhibit B These limits are revised periodically by HUD It is the Agency's responsibility to use any revised limits when they take effect. Revisions will be announced by and can be obtained from the City 4. COMMENCEMENT AND TERMINATION OF PROJECT(S) A The City shall furnish the Agency with a written notice to proceed. No work on a project shall occur without prior written approval from the City Termination dates for individual projects shall be specified in the appropriate Exhibits Costs incurred prior to the date written notice to proceed was given or after the termination date will not be reimbursed The termination date may be changed through an amendment of this Agreement B Although the term of this Agreement shall run from January 1, 2005 through December 31, 2005, due to a possible delay in federal appropriations, the Agreement may not be executed by the parties until the term has already commenced In such an event, all acts consistent with the authority of the Agreement and prior to the date of the Agreement's execution are hereby ratified and affirmed, and the terms of this Agreement shall be deemed to have applied 5. ADMINISTRATION A The Agency shall appoint a liaison person who shall be responsible for overall administration of CDBG funded project(s) and coordination with the City's Parks, Recreation, and Community Services Department The person appointed shall be designated in Exhibit C, which is attached and incorporated by this reference The Agency shall also designate one or more representatives who shall be authorized to sign the Reimbursement Requests and Program Accomplishments forms, which are attached as Exhibits D and E, respectively The name of the liaison person and representative shall be specified in the Exhibit(s) B The Agency shall provede ten (10) days written notice to the City of any changes in program personnel or Board membership. C. The agency shall provide the City with a current list of its Board of Directors, general or limited partners, as applicable 6. COMPENSATION AND METHOD OF PAYMENT A The City shall reimburse the Agency only for eligible costs allowed pursuant to this Agreement, which are part of the activities specified in the Exhibit(s), and in an amount not to exceed the amount specified in Exhibit A, plus any miscellaneous surplus office equipment, as available, related to the provision of services under this Agreement, and according to the procedures developed by the City of Kent Reimbursement shall be based on a Reimbursement Request form, which shall be signed by the Agency's authorized representative and submitted to the City B The Agency shall submit a properly executed Reimbursement Request form on a quarterly basis Reimbursement Requests are due by the 15th of the month following the end of the quarter for costs eligible to be reimbursed by the City in accordance with the budget incorporated as Exhibit A and in accordance with Section 7 below In addition, the Agency shall submit an Outcome Report covering a semi-annual period of performance on the due dates specified in Exhibit H, which is attached and incorporated by this reference The City will make payment to the Agency not more than forty-five (45) days after said Reimbursement Request is received and approved by the City's Parks, Recreation, and Community Services Department 2 The City will issue a statement of correction in the event the Reimbursement Request is erroneous Payment by the City shall not constitute approval of the services for which payment is requested. The City does not, by making such payment, waive any rights it may have pursuant to this Agreement to require satisfactory performance of the services promised herein The City reserves the right to demand and recover reimbursements made for ineligible costs 7. ELIGIBLE COSTS A All costs incurred must be reasonable and of a nature which clearly relate to the specific purposes and end product of the Agreement under which the services are being performed. Care must be taken by all concerned in incurring costs to assure that expenditures conform to these general standards and the following criteria for eligibility of costs B. To be eligible for reimbursement, costs must (1) Be necessary and reasonable for proper and efficient execution of the contractual requirements and in accordance with an approved budget (2) Be no more liberal than policies, procedures, and practices applied uniformly to other activities of the Agency (3) Be accorded consistent treatment through application of account policy and procedures approved and/or prescribed herein (4) Not be allowable under or included as costs of any other federal, state, local or other agency-financed programs in either prior or current periods (5) Be net of all applicable credits such as purchase discounts, rebates or allowances, sales of publication or materials, or other Income or refunds. (6) Be fully documented 8. OPERATING BUDGET The Agency shall apply the funds received from the City under this Agreement in accordance with the Budget Summary found on Exhibit A No line-item expense therein shall cause an expenditure in excess of ten (10) percent or more of the budget line-item amount over the life of the Agreement without the prior written consent of the City Any request for a line-item expense which exceeds ten (10) percent of the budgeted amount shall specifically state the reasons for the requested increase and a justification for the corresponding decrease in other line-item(s) 9. FUNDING ALTERNATIVES AND FUTURE SUPPORT A The City makes no commitment to future support and assumes no obligation for future support of the activities contracted for herein, except as may be expressly set forth in this Agreement B. Payment for the services provided herein is based on the expectation that future revenues will be available to the City for such purposes Should anticipated sources of revenue not become available or become unavailable to the City for use in the CDBG program, the City shall immediately notify the Agency in writing of such unavailability and the City shall be released from all contracted liability for that portion of the Agreement originally intended to be paid with such funds. 10. AMENDMENTS Either party may request modifications in the scope of permissible activities, terms, or conditions of this Agreement Proposed modifications which are mutually agreed upon shall be incorporated by a written amendment to this Agreement. 3 11. ASSIGNMENT AND SUBCONTRACTING A The Agency shall not assign any portion of this Agreement without the written consent of the City, and it is further agreed that said consent must be sought by the Agency not less than fifteen (15) days prior to the date of any proposed assignment. B Any work or services assigned or subcontracted hereunder shall be subject to each provision of this Agreement and proper bidding procedures to the extent herein The Agency agrees that it r. is as fully responsible to the City for the acts and omissions of Its subcontractors and their employees and agents, as it is for the acts and omissions of its own employees and agents, as defined in paragraph Part I, Section 12(B). 12. HOLD HARMLESS AND INDEMNIFICATION A The Agency agrees that it is financially responsible and liable to the City for any audit exception or other financial loss to the City which occurs due to the Agency's negligence or failure to comply with the terms of this Agreement B. The Agency further agrees to defend, indemnify, and hold the City, its elected and appointed officials, agents, and employees, while acting within the scope of their duties as such, harmless from and against all claims, demands, and causes of action of any kind or character, including the cost of defense thereof, arising in favor of any person(s), including Agency's employees or third parties on account of personal injuries, death, or damage to property arising out of services performed or omissions of services or in any way resulting from the acts or omissions of the Agency and/or its agents, employees, volunteers, subcontractors, or representatives under this Agreement. 13. PROJECT CLOSE-OUT The Agency acknowledges and agrees that the amounts set forth in the Exhibit(s) shall be used only to reimburse the Agency for eligible costs incurred by the Agency during the period set forth in said Exhibit(s) and that upon expiration of such period, or upon earlier termination pursuant to this Agreement, the Agency shall have no interest in any said amount which is not required to reimburse the Agency for eligible costs incurred before such expiration or earlier termination 14. INSURANCE Agency shall maintain insurance in the types and amounts set forth in Exhibit F, which is attached and incorporated by this reference 15. CONFLICT OF INTEREST A Interest of Officers. Employees, or Agents - No officer, employee, or agent of the City or Agency who exercises any functions or responsibilities in connection with the planning and carrying out of the City CDBG program or the Agency's project, or any other person who exercises any functions or responsibilities in connection with the City's Parks, Recreation, and Community Services Department, shall have any personal financial interest, direct or indirect, in the Agreement, and the City and Agency shall take appropriate steps to assure compliance B Interest of Subcontractor and Their Employees - The Agency agrees that it will incorporate into every contract or subcontract, which is required to be in writing and made pursuant to this Agreement, the following provisions The Contractor covenants that no person who presently exercises any functions or responsibilities in connection with the City CDBG program has any personal financial interest, direct or indirect, in this Agreement. 4 The Contractor further covenants that he/she presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of his/her services hereunder The Contractor further covenants that in the performance of this Agreement, no person having any conflict of interest shall be employed Any actual or potential conflict of Interest on the part of the Contractor or his/her employees must be disclosed to the Agency and the City 16. SUSPENSION AND TERMINATION OF AGREEMENT A Suspension for Failure to Perform - In the event of a failure to comply with any terms or conditions of this Agreement or failure to provide in any manner the activities or other performance as agreed to herein, the City reserves the right to withhold all or any part of payment, suspend all or any part of the Agreement, or prohibit the Agency from incurring additional obligations of funds until the City is satisfied that corrective action has been taken or completed as more specifically outlined in the Exhibit(s) to this Agreement The option to withhold funds is, in addition to and not in lieu of, the City's right to terminate the Agreement pursuant to Paragraph (B) of this Section 16 B Termination of Agreement by City - This Agreement is subject to termination upon thirty (30) days written notice by the City to the Agency in the event that (1) The Agency mismanages or makes improper or unlawful use of CDBG funds; (2) The Agency fails to comply with any term or condition expressed herein or any applicable federal, state, or local regulations or ordinances, (3) CDBG funds no longer become available from the federal government or through the City; (4) The Agency fails to carry out activities required by this Agreement, or (5) The Agency fails to submit reports or submits incomplete or inaccurate reports in any material respect. C Termination of Agreement by the Agency- This Agreement is subject to termination upon thirty (30) days written notice by the Agency to the City in the event that (1) The City fails in its commitment under this Agreement to provide funding for services rendered, as herein provided, or (2) CDBG funds no longer become available from the federal government or through the City D. Unless otherwise terminated pursuant to Paragraphs (B) and (C) of this Section 16, this Agreement shall terminate on the termination date specified on the Exhibit(s) and shall be subject to extension only by mutual agreement and amendment in accordance with Part I, Section 10 of this Agreement. E Upon termination of this Agreement, any unexpended balance of Agreement funds shall remain in the City CDBG fund F. In the event termination occurs under Paragraph (B) of this Section 16, the Agency shall return to the City all funds that were expended in violation of the terms of this Agreement including, but not limited to, any unexpended CDBG funds distributed to the Agency under this Agreement, any accounts receivable, or any assets or interests therein of any type and in any form acquired, leased, or rehabilitated with CDBG monies 5 17. SAFEGUARDING OF CLIENT INFORMATION The use or disclosure by any party of any confidential information concerning a recipient or client for any purpose not directly connected with the City's or the Agency's responsibilities with respect to services provided under this Agreement is prohibited, except upon written consent of the recipient or client, his/her attorney, his/her responsible parent or guardian, or as otherwise provided by law PART II -(FEDERAL, STATE, AND LOCAL PROGRAM REQUIREMENTS 1. NONDISCRIMINATION A General — The Agency shall comply with all federal, state, and local laws prohibiting discrimination on the basis of age, sex, marital status, race, creed, religion, color, national origin, or the presence of any sensory, mental, or physical handicap These requirements are specified in Chapter 49 60 RCW, Section 109 of the Housing and Community Development Act of 1974, Pub L No 93-383 as amended and codified as 42 U S C § 5309, Title VI of the Civil Rights Act of 1964, 42 U S C §§ 2000d, et seq , Title VIII of the Civil Rights Act of 1968, 42 US C §§ 3601, et seq , Executive Order 11063, Executive Order 11246, as amended by Executive Orders 11375, 11478, 12086 and 12107, Section 3 of the Housing and Urban Development Act of 1968, 12 U S C § 1701(u), and Implementing regulations at 24 CFR § 135; Section 504 of the Rehabilitation Act of 1973, 29 U S C § 794, et seq , and the Age Discrimination Act of 1975, 42 U S C § 6101, et seq Specifically, the Agency is prohibited from taking any discriminatory actions defined in the HUD regulations at 24 C F R § 570 602 and shall take such affirmative and corrective actions as are required by the regulations at 24 C.F R § 570 602. B Specific Discriminatory Actions Prohibited- (1) The Agency shall not, under any program or activity to which this Agreement may apply, directly or through contractual or other arrangements, on the grounds of age, sex, marital status, race, creed, religion, color, national origin, or the presence of any sensory, mental, or physical handicap i Deny any person facilities, services, financial aid, or other benefits provided under the program or activity ii. Provide any person with facilities, services, financial aid, or other benefits which are different, or are provided in a form different, from that provided to others under the program or activity III Subject any person to segregated or separate treatment in any facility or in any matter or process related to receipt of any service or benefit under the program or activity iv. Restrict in any way access to or enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid, or other benefits under the program or activity v. Treat any person differently from others in determining whether the person satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which individuals must meet in order to be provided facilities, services, or other benefits provided under the program or activity vi Deny any person any opportunity to participate in a program or activity as an employee. 6 (2) The Agency shall not utilize criteria or methods of administration which have the effect of subjecting individuals to unlawful discrimination on the basis of race, color, national origin, ,sex, age, marital status, creed, religion, or presence of any sensory, mental, or physical handicap, or which have the effect of defeating or substantially impairing accomplishment of the objectives of the program or activity by unlawfully discriminating against individuals of a particular race, color, national origin, sex, age, marital status, creed, religion, or presence of any sensory, mental, or physical handicap (3) The Agency, in determining the site or location of housing or facilities provided in whole or in part with funds under this Agreement, may not make selections of such site or location which have the effect of excluding individuals from, denying them the benefits of, or subjecting them to unlawful discrimination on the grounds of race, color, national origin, sex, age, marital status, creed, religion, or presence of any sensory, mental, or physical handicap, or which have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the Act or of HUD regulations. C Fair Housing — The Agency shall take necessary and appropriate actions to prevent discrimination in federally-assisted housing and lending practices related to loans insured or guaranteed by the federal government (The Fair Housing Act VII, 42 U S C § 3601, et seq , Executive Order 11063, 24 CFR § 108) D. Employment (1) In all solicitations under this Agreement, the Agency shall state that all qualified applicants will be considered for employment The words "equal opportunity employer" in advertisements shall constitute compliance with this section (2) The Agency shall not unlawfully discriminate against any employee or applicant for employment in connection with the Agreement because of age, sex, marital status, race, creed, religion, color, national origin, or the presence of any sensory, mental, or physical handicap, except when there is a bona fide occupational limitation 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 (Chapter 49 46 RCW, Executive Order 11246, as amended) (3) To the greatest extent feasible, the Agency shall provide training and employment opportunities for lower income residents within the area served by CDBG assisted projects (Section 3, Housing and Urban Development Act of 1968, 12 U S.0 § 1701 u, as amended) E. Contractors and Suppliers (1) No contractor, subcontractor, union, or vendor engaged in any activity under this Agreement shall engage in any unlawful discrimination as defined in any federal, state, or local law (2) All firms and organizations, as required under applicable HUD regulations, shall be required to submit to the Agency certificates of compliance demonstrating that it has, in fact, complied with the immediately foregoing provision, provided, that certificates of compliance shall not be required from firms and organizations with fewer than 25 employees, with yearly sales of less than $10,000, or on contracts less than $10,000. (3) To the greatest extent feasible, the Agency shall purchase supplies and services for activities under this Agreement from vendors and contractors whose businesses are located in the area served by CDBG-funded activities or owned in substantial part by project area residents (Section 3, Housing and Urban Development Act of 1968, 12 U S C § 1701 u, as amended) 7 i (4) CDBG funds shall not be used directly or Indirectly to employ, award contracts to, or otherwise engage the services of, or fund any contractor or subrecipient during any period of debarment, suspension, or placement in ineligibility status under the provisions of 24 CFR § 24 F. Notice (1) The Agency shall include the provisions of the appropriate subsections A, B, C, D, and E of this Part ll, Section 1 in every contract or purchase order for goods and services under this Agreement, and shall send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or worker's representative of the commitments made in these subsections (2) In advertising for employees, goods, or services for the activities under this Agreement, the Agency shall utilize minority publications in addition to publications of general circulation. 2. SECTION 504 AND AMERICANS WITH DISABILITIES ACT If the Agency is a nonprofit corporation, the Agency warrants and represents that it has completed a Disability Self-Evaluation Questionnaire for all programs and services offered by the Agency (Including any services not subject to this Agreement) and has evaluated Its services, programs, and employment practices for compliance with Section 504 of the Rehabilitation Act of 1973, 29 U S C § 794, as amended ("504") and the Americans with Disabilities Act of 1990, 42 U S C §§ 12101, et seq , ("ADA") The Agency warrants and represents that it has completed a 504/ADA Disability Assurance of Compliance and shall submit it to the City 3. PROCUREMENT STANDARDS In awarding contracts pursuant to this Agreement, the Agency shall comply with all applicable requirements of local and state law for awarding contracts, including but not limited to procedures for competitive bidding, contractor's bonds, and retained percentages (Ch 60.28 RCW, Ch 39 12 RCW, and Ch 39 04 RCW) In addition, the Agency shall comply with the requirements of the US Office of Management and Budget ("OMB") Circular A-110, Attachment O, relating to "Procurement Standards," and with Executive Order 11246 regarding nondiscrimination in bid conditions for projects over $10,000 Where federal standards differ from local or state standards, the stricter standards shall apply 4. UNIFORM ADMINISTRATIVE REQUIREMENTS AND COST PRINCIPLES—24 CFR §§ 570.502 and 570.610. All nonprofit Agencies shall comply with the policies, guidelines, and requirements of OMB Circular Nos A-133 "Audits of Institutions of Higher Education and Other Non-Profit Institutions," A-122 "Cost Principles for Non-Profit Organizations," and A-110 including. (1) Attachment A, "Cash Depositories," except for Paragraph 4 concerning deposit insurance, (2) Attachment B, "Bonding and Insurance", (3) Attachment C, "Retention and Custodial Requirements for Records", (4) Attachment F, "Standards for Financial Management Systems", (5) Attachment H, "Monitoring and Reporting Program Performance," Paragraph 2; (6) Attachment N, "Property Management Standards," except for Paragraph 3 concerning the standards for real property as it applies to federal agencies only and except that paragraphs 6 and 8 are modified so that the disposition of personal property is allowed only under the guidance and approval of the City, and (7) Attachment O, "Procurement Standards " I 8 5. PROGRAM INCOME — 24 CFR § 570.504. A All Income directly generated from the use of CDBG funds, as defined in 24 CFR § 570 500(a), is Program Income and shall be recorded, reported, and treated as funds subject to all the requirements of this Agreement B Unless otherwise specifically provided by the special conditions herein, Program Income received during the term of this Agreement may be retained and used by the Agency to extend the service or other activity for which the CDBG funds are provided, subject to the regulations of 24 CFR § 570 01, et seq , and all the same terms and conditions of this Agreement Any retained Program Income shall be disbursed to pay for eligible expenses under this Agreement before additional funds are requisitioned from the City C. Any Program Income not permitted to be retained for eligible activities as defined above, shall be refunded to the City, together with any interest earned thereon, at quarterly intervals. D Program Income on hand at the end of the term of this Agreement shall, unless otherwise provided, be used for activities envisioned under this Agreement until it is expended Program Income generated from the use of CDBG funds under this Agreement but received after the term of this Agreement shall, unless otherwise provided, be governed by any succeeding CDBG funding agreement or, if there is no succeeding agreement, shall be used for activities eligible under 24 CFR § 570 504(c) until it is expended E Rules on Program Income are established in the CDBG regulations (24 CFR § 570.504), OMB Circular No A-122, Cost Principles for Nonprofit Organizations, and OMB Circular A-110, attachment D, Program Income Separate instructions for Program Income dealing with the proceeds from the sale of personal property are set forth in Attachment N to OMB, Circular No A-110, Property Management Standards. 6. PUBLIC INFORMATION A. In all news releases and other public notices related to projects funded under this Agreement, the Agency shall include information identifying the source of funds as the City of Kent CDBG program B. The Agency acknowledges that this Agreement and any other information provided by it to the City and/or relevant to the project(s) described in the Exhibit(s), are subject to the Washington State Public Disclosure Act, Chapter 42 17 RCW, except to the extent specifically exempted from disclosure therein 7. OTHER FEDERAL AND STATE REQUIREMENTS The absence of mention in this Agreement of any other federal or state requirements, which apply to the award and expenditure of federal funds made available by this Agreement, is not intended to indicate that those federal or state requirements are not applicable to Agency activities The Agency shall comply with all other federal and state requirements relating to the expenditure of federal funds, including but not limited to the Hatch Act (5 U S C § 15) regarding political activities and the Architectural Barrier Act of 1968 (42 U S C § 4151, et seq ). 8. LOCAL REQUIREMENTS The activities performed under this Agreement are for the purposes of serving City residents and the Agency shall, to the extent reasonably possible, not use said funds to provide services outside the corporate boundary of the City, or for any other purpose, except as specifically authorized by this Agreement 9 Public service programs must comply with sections 9 and 10: 9. NON-SUBSTITUTION FOR LOCAL FUNDING The CDBG funding made available under this Agreement shall not be utilized by the Agency to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability of funds under this Agreement 10. FAITH-BASED ACTIVITIES—24 CFR § 570 2000). A Organizations that are religious or faith-based are eligible, on the same basis as any other organization, to participate in the CDBG program Neither the Federal government nor a State or local government receiving funds under CDBG programs shall discriminate against an organization on the basis of the organization's religious character or affiliation B Organizations that are directly funded under the CDBG program may not engage in inherently religious activities, such as worship, religious Instruction, or proselytization, as part of the programs or services funded under this part If an organization conducts such activities, the activities must be offered separately, in time or location, from the programs or services funded under this part, and participation must be voluntary for the beneficiaries of the HUD-funded programs or services. C A religious organization that participates in the CDBG program will retain its independence from Federal, State, and local governments, and may continue to carry out Its mission, Including the definition, practice, and expression of Its religious beliefs, provided that it does not use direct CDBG funds to support any Inherently religious activities, such as worship, religious Instruction, or proselytization Among other things, faith-based organizations may use space in their facilities to provide CDBG-funded services, without removing religious art, Icons, scriptures, or other religious symbols In addition, a CDBG-funded religious organization retains its authority over Its Internal governance, and it may retain religious terms in its organization's name, select Its board members on a religious basis, and Include religious references in Its organization's mission statements and other governing documents D. An organization that participates in the CDBG program shall not, in providing program assistance, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. E. CDBG funds may not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for Inherently religious activities CDBG funds may be used for the acquisition, construction, or rehabilitation of structures only to the extent that those structures are used for conducting eligible activities under this part Where a structure is used for both eligible and Inherently religious activities, CDBG funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to CDBG funds in this part Sanctuaries, chapels, or other rooms that a CDBG-funded religious congregation uses as Its principal place of worship, however, are Ineligible for CDBG-funded Improvements Disposition of real property after the term of the grant, or any change in use of the property during the term of the grant, is subject to government-wide regulations governing real property disposition (see 24 CFR 84 and 85) F. If the City voluntarily contributes Its own funds to supplement the federally funded activity, the City has the option to segregate the Federal funds or commingle them However, if the funds are commingled, this section applies to all of the commingled funds. 10 Acquisition or improvement of real property projects must comply with sections 11 through 18: 11.ACCESSIBILITY Any buildings or other facilities designed, constructed, or altered with federal funds pursuant to this Agreement are subject to the requirements of the Architectural Barriers Act of 1968 (42 U S C § 4151, et seq ) and shall comply with the Uniform Federal Accessibility Standards (Appendix A to 24 CFR § 40 1, et seq for residential structures, and Appendix A to 41 CFR § 101-19, et seq for general type buildings) When applicable, certain multifamily housing units designed and constructed for first occupancy after March 13, 1991, with assistance provided under this Agreement, must comply with the Fair Housing Accessibility Guidelines, 24 CFR § 100 1, et seq , as amended. 12. ENVIRONMENTAL REVIEW A National Environmental Policy Act - The City retains environmental review responsibility for purposes of fulfilling requirements of the National Environmental Policy Act as implemented by HUD Environmental Review Procedures (24 CFR § 58 1, et seq ) The City may require the Agency to furnish data, information, and assistance for the City's review and assessment in determining whether an Environmental Impact Statement must be prepared The Agency shall be solely responsible for the cost of compliance with all such federal laws and authorities including the cost of preparing plans, studies, reports, and the publication of notices that may be required B Other Federal Environmental Laws - (1) Historic Preservation - Activities affecting property listed in or found to be eligible for inclusion in the National Register of Historic Places will be subject to requirements set forth in HUD Environmental Review Procedures at 24 CFR § 58 1, et seq The Agency shall meet the historic preservation requirements of Pub L No 89-665 (16 U S C § 470(1)), and the Archaeological and Historic Preservation Act of 1974, Pub L No 93-291 (16 U S C § 469a-1), and Executive Order 11593, including the procedures prescribed by the Advisory Council on Historic Preservation in the regulations at 36 CFR § 801, et seq (2) Architectural Barriers - Any facility constructed pursuant to this Agreement shall comply with design requirements of the Architectural Barriers Act of 1968 (42 U S C §§ 4151, et seq ), and the Uniform Federal Accessibility Standards (US Government Printing Office, 1985-494-187) (3) National Flood Insurance - When applicable, the use of CDBG funds for acquisition or construction purposes in identified special flood hazard areas shall be subject to Agency mandatory purchase of flood insurance as required by Section 102(a) of the Flood Disaster Protection Act of 1973 (Pub L No 93-237, 42 U S C § 2414 and 42 U S C §§ 4001-4128) (4) Lead-Based Paint—Whenever funds under this Agreement are used directly or indirectly for construction, rehabilitation, or modernization of residential structures, the Agency shall comply, at its sole expense, with the HUD Lead-Based Paint regulations (24 CFR § 35) issued pursuant to the Lead-Based Paint Poisoning Prevention Act, as amended (42 U S C. §§ 4801, et seq ) and the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.0 §§ 4851, et seq ), with regard to lead-based paint, and with any and all applicable federal, state, and local laws, regulations, or standards hereafter enacted or issued with regard to lead-based paint Without limiting the foregoing, the Agency shall remove or cover, prior to the date for completion of the work funded hereunder and in compliance with all applicable, laws, regulations, and in conformity with guidelines issued by HUD, all lead- based paint with lead content above the threshold established by HUD on surfaces affected by the work funded under this Agreement The Agency shall defend, indemnify, and hold 11 harmless the City from any liability, loss, damage, or expense, including costs and attorneys' fees, relating in any way to lead-based paint at the property or the abatement or disposal thereof This provision shall survive expiration and satisfaction of this Agreement, whether by payment, forgiveness, foreclosure, or otherwise (5) Other - Clean Air Act as amended, 42 U S C § 7401, et seq ; Water Pollution Control Act, 33 U S C §§ 1367, et seq , as amended, Environmental Protection Agency regulations, 40 CFR §§ 1 1, et seq C State Environmental Policy Act - Agencies which are branches of government under RCW 43 21C 030 retain responsibility for fulfilling the requirements of the State Environmental Policy Act, Chapter 43 21 C RCW and the regulations and ordinances adopted thereunder If the Agency is not a branch of government under RCW 4321C030, the City may require the Agency to furnish data, information, and assistance, as necessary, to enable the City to comply with the State Environmental Policy Act D Satisfaction of Environmental Requirements - Project execution under this Agreement, by either the City or the Agency, shall not proceed until satisfaction of all applicable requirements of the national and state environmental policy acts A written notice to proceed will not be issued by the City until all such requirements are complied with 13. LABOR STANDARDS—24 CFR§570.603 A The Agency shall require that project construction contractors and subcontractors pay their laborers and mechanics at wage rates in accordance with the Davis-Bacon Act, as amended (40 U S C §§ 3141 and 3142), and that they comply with the Copeland Act (18 U S C § 874), and the Contract Work Hours and Safety Standards Act (40 U S C §§ 3701, et se , provided that this section shall not apply to rehabilitation of residential property only if such property contains not less than eight (8) units In addition to complying with these federal labor standards, the Agency shall further require that all project construction contractors comply with all applicable state and local public works bidding and contracting regulations, specifically including, without limitation, the prevailing wage provisions set forth in Ch 39 12 RCW and all regulations adopted by the State of Washington Department of Labor and Industries B The Agency shall require that project construction contractors and subcontractors comply with Federal Labor Standards Provisions (HUD form 4010) and the Davis-Bacon wage determinations (attached as Exhibits J and K, respectively if applicable) For construction contracts, a copy of the Federal Labor Standards Provisions (HUD form 4010) and the current Davis-Bacon wage determinations must be included in all construction bid specs and/or contracts over $2,000 C. The Agency shall monitor compliance with the Davis-Bacon Act and Contract Work Hours and Safety Standards Act, as well as all applicable state and local laws and regulations relating to prevailing wages and other labor and public works contract regulations, for construction work on this project The Memorandum of Understanding, which is attached as Exhibit L and incorporated by this reference, outlines the parties' responsibilities with respect to the federal labor standards as required by HUD 12 i 14.VOLUNTEERS -24 CFR§70 If the Agency or the Contractor/Subcontractor uses volunteers to perform services on a federally-assisted construction project, it shall ensure that work is performed without promise, expectation or receipt of compensation for services rendered Volunteer files shall Include (1) the name and address of the agency sponsoring the project, (2) a description of the project, and (3) the number of volunteers and the hours donated to the project IS. ACQUISITION AND RELOCATION A Any acquisition of real property for any activity assisted under this Agreement shall comply with the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U S C §§ 4601, et seq (hereinafter the "Uniform Act" and the government-wide regulations applicable to all federally-assisted projects, effective April 2, 1989, at 49 CFR §§ 34 1, et seq B Implementation of any project provided for in this Agreement will be undertaken so as to minimize involuntary displacement of persons, businesses, nonprofit organizations, or farms to the greatest extent feasible C. Any displacement of persons, businesses, nonprofit organizations, or farms occurring as the result of acquisition of real property assisted under this Agreement shall comply with the Uniform Act, and the regulations at 49 CFR §§ 24 1, et seq , required by federal CDBG regulations at 24 CFR § 570 606 The Agency shall comply with the regulations pertaining to costs of relocation and written policies, as specified by the City of Kent's Displacement Policy 16. PUBLIC OWNERSHIP For Agencies which are not municipal corporations organized under the laws of the State of Washington, it may become necessary to grant the City a property interest where the subject project calls for the acquisition, construction, reconstruction, rehabilitation, or installation of publicly-owned facilities and improvements 17. REVERSION OF ASSETS —24 CFR § 570 505 Any real property under the Agency's control that was acquired or improved in whole or in part with CDBG funds in excess of$25,000 must be either. A Used to meet one of the national objectives set forth in 24 CFR § 570 208 of the CDBG regulations until five (5) years after expiration of the Agreement, or such longer period of time as determined by the City For Acquisition or improvement of real property projects, the Agency and the City shall execute a Community Facility Covenant Agreement (attached as Exhibit I if applicable), B. Disposed of in a manner that results in the City being reimbursed in the amount of the current fair market value of the property, less any portion attributable to expenditures of non-CDBG funds for acquisition of, and improvements to, the property Such reimbursement is not required after the period of time specified in Paragraph (A) above. 18. PROPERTY MANAGEMENT STANDARDS A The Agency shall meet the following procedural requirements for all property acquired in whole or in part with CDBG funds (1) Property records shall be maintained accurately and provide for a description of the property, manufacturer's serial number or other identification number, acquisition date and cost, source of the property, percentage of CDBG funds used in the purchase of property; and location, use, and condition of the property 13 (2) A physical inventory of property taken and the results of that Inventory are reconciled with the property records at least once every two (2) years to verify the existence, current utilization, and continued need for the property. (3) A control system shall be in effect to ensure adequate safeguards to prevent loss, damage, or theft of the property which shall be Investigated and fully documented B. The disposition of real property acquired in whole or in part with CDBG funds shall be at no less than Its current appraised fair market value (or for a lease, at the current market value), except that such property may be disposed of for a lesser value, Including by donation, if the disposition at the lesser value is for a use which qualifies under one of the criteria set forth in 24 CFR § 570 208 for meeting the national objectives and is permissible under state and local law Where the disposition is for a lesser value, the recipient shall maintain documentation that the use meets one of the national objectives pursuant to 24 CFR § 570 208 19. ADDITIONAL LOCAL REQUIREMENTS A Mortgage or Leasehold Agreement — In acquisition, rehabilitation, and construction projects, the City shall enter into a deed of trust or leasehold agreement with the Agency to secure and protect the City's and the public's interest in the property B Adequate Value — In acquisition projects, the City shall require evidence through a property appraisal, title search, or other means to ensure that there is adequate value so as to secure the City's financial interest C City Ordinance, Codes, and Regulations — In acquisition and construction projects, the Agency shall comply with all applicable City ordinances, codes, and regulations D. Additional Public Information — For all construction projects, the Agency shall erect a sign to City specifications at the construction site, which identifies the source of funds, except that this requirement may be waived for construction projects of$5,000 or less PART III - MONITORING & REPORTING REQUIREMENTS 1. MONITORING Agency understands and agrees that it will be monitored by the City and HUD from time to time to assure compliance with all terms and conditions of this Agreement and all applicable local, state, and federal laws, regulations, and promulgated policies Monitoring by the City under this Agreement shall include, but not be limited to (1) on-site inspections by City staff, (2) quarterly performance reviews, and (3) an annual evaluation. 2. PROGRAM REPORTING A For public service programs — A Program Accomplishment Report shall be submitted at least quarterly, even if no reimbursement requests have been submitted. The report is due on the 15th of the month following the close of the quarter (April 15, July 15, October 15 and January 15) The report shall detail information on service units or steps/milestones accomplished during the months/quarters as outlined in Exhibit A The Program Accomplishment Form is provided by the City and is attached as Exhibit E to this Agreement B For acquisition or improvement of real property projects — Projects qualifying to meet the national objective to serve low- and moderate-income persons (under Part I, Section 3) shall submit a demographic report providing income, race, and head of household information for the 14 beneficiaries of the CDBG Project, which shall cover a one year period extending back from the date of the report If the facility is and remains occupied during the project, this report is due thirty (30) days after the date the project was closed If the facility is first occupied or reoccupied after the close of the project, the report is due one year from the date of the last project closing 3. FISCAL REPORTING RESPONSIBILITIES The Agency shall provide fiscal statements or reports as may be required from time to time by the City, which statements or reports, or both, must indicate the status of all accounts and funds being used to perform under this Agreement The Agency shall maintain proper documentation and records of all expenditures incurred pursuant to the terms of this Agreement in a manner as will facilitate auditing by either HUD or the City 4. AUDITS A If the Agency is a nonprofit corporation and expends a total of $300,000 or more in federal financial assistance and has received federal financial assistance from the City during its fiscal year, it shall have an independent audit conducted of Its financial statement and conditions, which shall comply with the requirements of generally accepted auditing standards (GAAS), General Accounting Office (GAO's) Standards for Audits of Governmental Organizations, Programs, Activities, and Functions, and OMB Circular A-133, as amended, and as applicable The Agency shall provide a copy of the audit report no later than thirty (30) days after the audit's completion or six (6) months subsequent to the end of the Agency's fiscal year, whichever date is sooner. The Agency shall provide to the City its response and corrective action plan for all findings and reportable conditions contained in its audit When reference is made in its audit to a "Management Letter" or other correspondence made by the auditor, the Agency shall provide copies of those communications and the Agency's response and corrective actions plan B. The Catalog of Federal Domestic Assistance (CFDA) number for the CDBG program is 14 218. PART IV— RECORDKEEPING REQUIREMENTS 1. PROGRAM RECORDS AND INSPECTIONS The Agency shall make, maintain, and preserve books and records, of whatever form, detailing all CDBG-related expenditures and costs incurred by the Agency All such books and records shall be made available to representatives of the City or HUD, or both, for formal inspection and, where necessary, copying Intentional noncompliance with this provision shall constitute a material breach of this Agreement Throughout the term of this Agreement, the Agency shall establish and maintain current the records described in this Section These records shall conform to the requirements and specifications of their individual source authorities, which are cited herein Be advised that the listing in this Section is intended only to assist the Agency in identifying the required records and their respective authorities, and is not all inclusive A Time for Retention of Records - Except where otherwise specifically provided, all records as of the end of the term of this Agreement shall be kept in an accessible file for four (4) years thereafter (24 CFR § 570 502(b)(3)(ix)) Exceptions to the four (4) year retention period are as follows (1) Records that are the subject of litigation, claim, or audit findings shall be retained for 15 ten (10) years after the date all issues have been resolved and final action taken; and (2) Records for real property and equipment shall be retained for three (3) years after its final disposition, with the retention period starting from the date of the disposition, replacement, or transfer at the direction of the City (24 CFR § 570 84(b)) B. Contract and Amendments - A complete copy of this Agreement and all amendments thereto and notices thereunder. C Records of City Approvals - Copies of all requests for amendments or revisions to this Agreement and the City's subsequent approval or denial of such requests as are required under this Agreement D. Subcontracts and Agreements - Complete copies of all contracts, subcontracts, and agreements with third parties Into which the Agency enters in the performance under this Agreement, and all correspondence, reports, and other documentation pertaining to such contracts, subcontracts, and agreements E Records Identifying the assisted activity - A complete description of each activity assisted, in whole or in part, with CDBG funds under this Agreement, Including (1) Location(s), organization, operating hours, qualifications for service or participation, etc , (2) Fees or charges for services, fee waivers, or fee scales for CDBG-assisted participants F. Additional Contract Requirements - The Agency shall submit to the City a copy of the most recent independent financial audit and a current list of the Agency's board of directors 2. PROGRAM BENEFIT RECORDS—24 CFR § 570 506(b). As applicable, the following categories of records shall be maintained, for the discrete activities which are assisted in whole or in part with funding under this Agreement (or for all the Agency's activities if funding under this Agreement is not specifically allocated to particular activities) for the purpose of documenting that a majority of the beneficiaries are persons of low- or moderate-income A Records specifying by dollar amount, family size, and household income limits used to determine income level, B For service activities serving individual clients without regard to their residence location within the City/County, records documenting (a) manner in which each client's income is determined in all cases, (b) determination that each individual client's income is or is not within low- or moderate-income limits, (c) date determination was made, and (d) tabulation of the individual determinations. C For a service or facility which exclusively serves a class of beneficiaries, the members of which are presumed to be low- or moderate-income eligible absent general evidence to the contrary (abused children, battered spouses, senior citizens, adults meeting the Bureau of the Census' Current Population Reports definition of "severely disabled," homeless persons, illiterate persons, persons living with AIDS and migrant farm workers), records documenting (1) that the facility exclusively serves the eligible class, and (2) there is no generally available data indicating specific population served is not predominantly low- or moderate-income. D For a service or facility which offers benefits uniformly without regard to income to all persons residing within a delineated area, records establishing (1) boundaries of the service area, (2) the income characteristics of families and unrelated individuals in the service area, and (3) if the percent of low- and moderate-income persons in the service area is less than fifty-one (51) percent, data showing that the area qualifies under the exception criteria set forth at 24 CFR § 570 208(a)(1)(ii) 16 3. FINANCIAL RECORDS Agency shall maintain all accounting records that accurately record the source and application of all funds, and recording funds received under this Agreement, all other receipts, assets, authorizations and appropriations, obligations, disbursements and unobligated balances (OMB Circular A-133 and A-110, Attachment F) The records must A Permit comparison of actual outlays with budgeted amounts; B Permit reporting of financial data on the accrual basis, C Be supported by source documentation, D. Be independently audited usually annually, but not less frequently than every two years. 4. RECORDS OF PROGRAM OPERATIONS, MANAGEMENT AND EVALUATION Agency shall maintain all records of. A Operating policies and procedures; B Employee qualifications, training, and evaluation; C Principal operations data work units completed, clients served, classified by client and service characteristics, staff hours utilized, etc D Self-evaluation of services, programs and employment practices for compliance with 504 and ADA requirements 5. PROPERTY RECORDS Agency shall maintain all records identifying any real and personal property acquired or improved in whole or in part with funds under this Agreement (OMB Circular A-110) as follows A Itemized inventory of real property recording legal and common descriptions and address, date of acquisition and/or improvements, cost of acquisition and/or improvements, and CDBG- funded share of cost, B. Itemized inventory of all non-expendable personal property recording full identification, current location, date and cost of acquisition, and CDBG-funded share of cost, C Complete records of any authorized disposition of real or non-expendable personal property including how and to whom disposed, date, amount of disposition proceeds, market value at time of disposition and how determined, intended use, and any conditions governing use following disposition, D At the termination of this Agreement, a record of the total purchase cost of all remaining unused expendable personal property 6. PROCUREMENT RECORDS— OMB Circular A-110 Agency shall maintain all records of. A. Agency's adopted code of conduct governing officers' and employees' actions in contracting and purchasing, B Agency's standard operating procedures for authorizing and executing purchases and contract procurements of various sizes and types. C Agency's individual purchases or contracts over $10,000 as required by the OMB Circular A- 110. 17 D. Agency's procurement procedures utilized and the bases for supplier selection/contract award, for individual purchases or contracts over$10,000 7. NONDISCRIMINATION AND EQUAL-OPPORTUNITY RECORDS—24 CFR § 570.506(g) Agency shall maintain A A recordation and tabulation of the racial classification of all individual persons or households receiving program benefits, and of whether these benefited persons are single head of household B. A tabulation of all Agency employees classified by race, position, and salary in the format of the U S Equal Employment Opportunity Commission Form EEO-4 C Data Identical to that required under A and B above for any subcontractor or agent employed in the performance under this Agreement D Documentation of all substantive actions taken to assure that no prohibited discrimination occurs in the conduct of any of the Agency's operations E Documentation of all actions taken to make minority residents aware of the Agency's services and provide them with equal access to benefits F. Record of the racial classification and gender of the majority owners of each private for-profit business with which the Agency contracts with any funds provided under this Agreement. 8. CONFLICT OF INTEREST A. Records documenting that all Agency board members, officers, employees and consultants have been Informed of the conflict of Interest provisions of 24 CFR § 570 611 and have acknowledged understanding those provisions B. Complete records of all requests for exceptions submitted under 24 CFR § 570.611(d) 9. VERIFICATION OF SUBCONTRACTOR'S ELIGIBILITY—24 CFR § 5 The Agency shall maintain records documenting that the Agency, all subcontractors, and consultants have been determined not to be currently debarred, suspended, denied participation or declared Ineligible to participate in federal government funded programs Verification of eligibility shall be accomplished by signing the Certification Regarding Debarment and Suspension, which is attached and incorporated as Exhibit G 10. ADDITIONAL REQUIREMENTS FOR ACQUISITION OR IMPROVEMENT OF REAL PROPERTY PROJECTS A For construction contracts over $100,000, records documenting compliance with the bonding requirements of 24 CFR §85 36 (h) B. Flood Insurance, Flood Disaster Protection Act of 1973, and Federal Insurance Administration Notice in Federal Register Vol 24, No 133, July 13, 1989 (1) Record of determination whether the assisted project is located within a designated flood plain or flood hazard area (2) If the project is within such area: (1) Evidence of current participation in the National Flood Insurance Program, and (2) Evidence of flood insurance coverage in force on all significant project structures. C Lead-Based Paint — Records required to document compliance with the Lead-Based Paint Poisoning Prevention Act (42 U S C §§ 4801, et seq ), as amended and the Residential Lead- 18 Based Paint Hazard Reduction Act of 1992 (42 U.S.0 §§ 4851, et seq ), and the implementing regulations 24 CFR § 35. D Labor Standards — Records required to document compliance with all requirements of Davis- Bacon and Related Acts (40 U S C §§ 3141 and 3142), Contract Work Hours and Safety Standards Act (40 U S C § 3701, et seq ), Copeland Act (18 U.S.0 § 874), US Secretary of Labor Regulations (29 CFR §§ 3, 5, 6, and 7). E Real Property Acquisition and Relocation — Records required to document compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U S C. §§ 4601, et seq , as amended, and the implementing regulations 49 CFR § 24 The agency shall consult the City for complete instruction prior to undertaking any action which may result in displacement of persons as defined at 49 CFR § 24 2(g). F Miscellaneous Records — The Agency shall maintain such other records as may be required by HUD or the City 19 i AGENCY: CITY O ENT: 41 Print Name a hen Norman Print 7'e Jim White Title Exec ve Director Title Mayor DATE v 3 2-'o DATE /D- ;L-7-0 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: AGENCY: CITY OF KENT: Peter Mourer Dinah Wilson King County Housing Authority City of Kent 600 Andover Park West 220 Fourth Avenue South Tukwila, WA 98118 Kent, WA 98032 206 574 1350 Fax- 206 574 1104 Phone 253 856 5076 Fax 253 856 6070 AP ROVED AS TO FORM: IV Ke t Law D rtment �j i 20 i I EXHIBIT A- KING COUNTY HOUSING AUTHORITY 2005 CDBG PROJECT SCOPE OF SERVICES Project No.- BG0516 Start Date: 1/1105 Project Title: Springwood Community Center End Date: 12/31/05 Termination Date: 12/31/05 Project Manager Peter Mourer City Contact Person Dinah Wilson Telephone (253) 856-5076 Fax. (253) 856-6070 E-mail: drwilson@ci kent wa.us King County Housing Authority (hereinafter referred to as "the Agency")shall utilize City of Kent Community Development Block Grant funds to perform the activities specified below. Such services shall be provided in a manner which fully complies with all applicable federal, state and local laws, statutes, rules and regulations, as are now in effect or may be hereafter amended. 1) Project Summary The Agency shall use CDBG funds to renovate Springwood Community Center, which is located at the Springwood Public Housing Apartments. The Community Center will serve as an activity center for low- income youth. The facility shall include a gymnasium, a game room, a computer room, a kitchen, administrative offices, a classroom, and an arts and crafts room. 2) Project Budget The Agency shall apply the following funds to the project in accordance with the Line Item Budget Summary below- A. City of Kent Funds City of Kent Community Development Block Grant $110,000.00 Total City of Kent Funds- $110,000.00 B Line Item Budget Personnel Services $ Office or Operating Supplies $ Consultant or Purchased Services $ Construction Contracts $110,000.00 Communications $ Travel and Training $ Other(specify) $ Total City of Kent Funds- $110,000.00 CDBG Project Scope of Services - Page 1 3) Project Schedule The City shall furnish the Agency with a written notice to proceed. Work on this project shall not occur without prior written approval from the City. Costs incurred prior to the date written notice to proceed was given will not be reimbursed. The Agency shall implement the project in accordance with the following schedule: Task Projected Completion Date Design Begins Aril 2002 —Design Complete September 2002 Bid Specs Submitted to City May 2005 Bid Opening June 2005 NEPA Complete June 22, 2005 Notice to Proceed August 11, 2005 Preconstruction Conference July 11, 2005 Construction Begins July 25, 2005 Construction 75% Compete December 2005 Construction Complete Aril 2006 Release Retarna a December 2005 4) Records A. Project Files The Agency shall maintain files for this project containing the following items (all Agency files must contain items 1 —7, however items 8— 12 are required only if the costs are paid for by the CDBG budget. If clients are not presumed eligible;e.g., homeless, #13 client income must be documented): 1. Notice of Grant Award. 2. Motions, resolutions, or minutes documenting Board or Council actions. 3. A copy of this Scope and the City's Notice to Proceed on this project. 4. A copy of construction contracts 5. Correspondence regarding budget revision requests. 6. Copies of all invoices and reports submitted to the City for this project. 7. Bills for payment 8. Copies of approved invoices and warrants. 9. Payroll time sheets for actual salary and fringe benefit costs. Time sheets must be signed by a supervisor and annotated to document percent of time charged against this project if less than full time. 10. Documentation of office costs (e.g , log sheets of copy machine use, postage, telephone use, costs of office supplies, etc) when these costs are shared with other programs and no CDBG Project Scope of Services- Page 2 invoice is available. As an alternative, annotated invoices may be used to document charges as appropriate. 11. Documentation of mileage charges for private auto use must include: a) odometer reading at beginning and end of trip, b) destination and starting location, and c) purpose for trip. 12. Documentation of the solicitation process used to select vendors and subcontractors with original purchase orders and subcontracts 13. Copy of the prime contractor's Certification Regarding Debarment and Suspension. In addition, the Agency shall conduct an online search confirming the prime contractor's eligibility via the Excluded Parties List System (EPLS) at the following website http://epls arnet gov A copy of the search results shall be maintained in the Agency contract file. 14. If a subcontractor is used on a construction project, the Agency shall ensure that the prime contractor has a method to determine that the subcontractor has not been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal debarment or agency. The Agency shall inform the prime contractor that the subcontractor's eligibility may be confirmed via the Internet at the following website. http•//epls.arnet gov . If eligibility is verified via the Internet, the Agency shall ensure that the prime contractor maintains a copy of the search results in the prime contractor's file. 15. Documentation of Volunteer donating services on the project. Volunteer files shall include: (1) the name and address of the agency sponsoring the project; (2) a description of the project; and (3) the number of volunteers and the hours donated to the project. 16 Documentation required by Part IV, Paragraph 5, if any funds provided under this Scope are used to acquire equipment. 17. Documentation of client income. Unless clients are presumed eligible based on CDBG regulations, the Agency shall screen all clients served with funds provided under this Contract to ensure that at least 51% of the total number of clients served do not have a gross annual family income in excess of the limits specified in Exhibit B. Adjusted gross income as defined by the Internal Revenue Service Form 1040 shall be used to determine persons' or households' income. The following methods may be used to determine income eligibility a) IRS income tax return; b) Client income certification on a form approved by the City;or c) Documentation of qualification for participation in a "means-tested"federal or state program at least as restrictive as CDBG with regard to Income Guidelines. Income guidelines may be adjusted periodically by HUD. The Agency agrees to use updated Income Guidelines, which will be provided by the City. B. Record Retention Period All records required by this Scope shall be retained by the Agency for the period of time specified in the Agreement- Part IV The period of time shall commence on January 1 of the year following the year in which the final invoice was paid. CDBG Project Scope of Services- Page 3 5) Reports, Invoicing and Reporting Schedule A. Reports The Agency shall collect and report client information to the City quarterly on a Program Accomplishment form to be provided by the City. B. Invoicing and Reporting Schedule The Agency shall submit invoices to the City in the form of a CDBG Reimbursement Request. Reimbursement requests shall be signed by an authorized representative of the Agency. Copies of supporting documents shall be attached to the Reimbursement Request. The agency shall also submit a Program Accomplishment form with the Reimbursement Request. The Agency shall submit Reimbursement Requests and reports to the City in accordance with the following schedule: Reimbursement Request(Exhibit D) 151h day following each quarter Program Accomplishment Form(Exhibit E) 151h day following each quarter Outcome Reports(Exhibit H) January 31,2006 CDBG Public Services Project Time Sheet 15th day following each quarter (Exhibit I,if applicable) Final Reimbursement Request January 31,2006 Final Program Accomplishment Form January 31,2006 6) City Review and Approval of Procurement Documents The agency shall submit a draft of the following documents to the City for review and approval at least fifteen (15) days prior to preparing the final version and advertising or soliciting responses for any type of service including, but not limited to, profession services and construction services: • Construction bid specifications • Invitation to bid • Request for proposals • Request for qualifications The Agency shall wait for written approval from the City prior to preparing a final version of any of the above-listed documents. 7) Construction Project Requirements-Pre-Construction Conference Required i CDBG Project Scope of Services- Page 4 i The Agency shall not authorize any work under a construction contract assisted in whole or in part under this Agreement to proceed until and unless City Community Development Block Grant staff or its designee have presented each prime contractor with detailed information regarding compliance with CDBG program regulations, including but not limited to, federal labor standards, at a pre-construction conference. The City shall retain ten percent (10%) of the value of funds provided under this project Scope. The City shall disburse the retained amount upon the City's verification that the Agency has complied with the provisions of this contract that are applicable to construction contracts. I I it CDBG Project Scope of Services- Page 5 EXHIBIT B 2005 HUD INCOME GUIDELINES Effective 2/1/05 Median Family Income = $72,250 •,i'' P;i,a l —',_ ;�, ��e� P FAMILY EXTREMELY VERY LOW SIZE _LfW4N Ml» ;LOVSC�1NCOME INCOME 1 $16,350 $27,250 $40,600 i 2 $18,700 $31,150 $46,400 3 $21,050 $35,050 $52,200 4 $23,350 $38,950 $58,000 5 $25,250 $42,050 $62,650 6 $27,100 $45,200 $67,300 7 $29,000 $48,300 $71,900 8 $30,850 $51,400 $76,550 EXHIBIT C APPOINTMENT OF LIAISON & AUTHORIZATION TO SIGN REIMBURSEMENT REQUESTS 2005 CDBG AGREEMENT Appointment of Liaison The Agency appoints the following person as the liaison for the CDBG Agreement between the City and the Agency; this person shall be responsible for overall administration of the CDBG funded program: Liaison: T e Name Fc-4 +~ (title) Authorization to Sign Reimbursement Requests The Agency authorizes the following individual(s)to sign CDBG Reimbursement Requests for costs incurred in 2005 CDBG Agreement between the Agency and the City; reimbursements shall not be processed for payment without an authorized signature: Authorized (Tune Name) Signature: (title) v _ UDC. �3 Zoo3 (signature) (date) Additional Authorized (Type Name) (title) Signature: (if applicable) (signature) (date) EXHIBIT D— King County Housing Authority 2005 CDBG REIMBURSEMENT REQUEST REQUEST NUMBER TO: Dinah Wilson City of Kent, Human Service FROM: King County Housing Authority 220 Fourth Avenue South 600 Andover Park West Kent, WA 98032 Tukwila. WA 98188 This voucher reimbursement request is for activities/services rendered under the Community Development Block Grant Agreement identified as: Project#BG0516 Project Title: Springwood Community Center The costs as presented in this request were incurred between the time periods of: to COST CATEGORIES ORIGINAL REVISED TOTAL CUMULATIVE AWARD BUDGET BUDGET REQUESTED TO DATE BALANCE 1 Personnel Costs (Attach Time Sheets) 2 Office or Operating Supplies(Attach Receipts) 3 Consultant/Purchased Services(Submit Substantiating Bills) 4 Construction Contracts $110,000 (Submit Substantiating Bills) 5 Real Property Acquisition (Submit Substantiating Bills) 6 Communications (Attach Receipts) 7 Travel and Training (State Number of Miles) 8 Intra County Support (Specify) 9 Capital Outlay/Equipment (Attach Receipts) 10 Rent&Utilities GRAND TOTAL $110,000 I certify that the above costs in the amount of$ have been incurred and that necessary receipts or invoices are attached. A Program Accomplishments form is also attached. Authorized Signature(As Set Forth In Exhibit C) Date CITY OF KENT COMMUNITY PLANNING/ACQUISITION;DESIGN/CONSTRUCTION DEVELOPMENT BLOCK GRANT PROJECTS PROGRAM EXHIBIT E -PROGRAM ACCOMPLISHMENTS City of Kent Parks, Recreation & Community Services NO VOUCHER WILL BE PAID UNLESS THIS PAGE HAS BEEN COMPLETED CONTACT Peter Mourer PHONE (206) 574-1350 DATE OF VOUCHER CDBG PROJECT NO BG0516 CDBG PROJECT TITLE S rin wood Community Center PERSONNEL(STATE NAMES OF EMPLOYEES FUNDED IN WHOLE OR IN PART BY THIS REQUEST) Schedule by Task Enter a projected completion date for each milestone that applies to your project. I Construction Projects: Projected Date Completed Date Design Begun 4/02 Design complete 9/02 9/02 Environmental review complete 6/05 6/22/05 Bid opening 6/05 6/1/05 Bid award 6/05 7/7/05 Pre-construction conference 7/05 7/11/05 Notice to proceed 8/05 8/11/05 Project 75% complete 12/05 Construction complete: 4/06 Release retainage 12/05 I Acquisition Projects: Projected Date Environmental Review complete N/A Purchase and Sale Agreement executed: N/A Appraisal complete N/A Building Inspection complete: N/A Hazardous Material Assessment complete: N/A Closing N/A NrUit"'e`'lsub-l"t ie'cj'rvitOe'li%bk rsu emend equest it ATTACHMENT F INSURANCE REQUIREMENTS FOR CDBG AGREEMENTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations,personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 1185 There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 3. Professional Liability insurance appropriate to the Contractor's profession. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a$1,000,000 products-completed operations aggregate limit. 2. Professional Liability insurance shall be written with limits no less than $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: EXHIBIT F (Continued) 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than AN IL E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. CERTIFICATE OF COVERAGE ,,' , ISSUE D09/13/05 Ci��1 09/13/0� PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES HOUSING AUTHORITIES RISK RETENTION POOL BELOW 2500 MAIN STREET, SUITE 120 VANCOUVER, WASHINGTON 98660 COMPANIES AFFORDING COVERAGE (360)694-3500 (360) 694-3600 FAX COMPANY COVERED ENTITY LETTER A HARM KING COUNTY HOUSING AUTHORITY 600 ANDOVER PARK WEST COMPANY SEATTLE,WA 98188-3326 LETTER B I COVERAGES THIS IS TO CERTIFY THAT THE POLICIES LISTED BELOW HAVE BEEN ISSUED TO THE COVERED ENTITY NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTS WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIrrS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS LTR I I DATE(NRfR3D/Ytj DATE(MNUDD(YY) A GENERAL LIABILITY GENERAL AGGREGATE $3,000 000 X COMMERCIAL GENERAL LIABILITY 008-PLEF 03/01/05 02/28/06 EACH OCCURRENCE $3,000,000 CLAIMS MADE X OCCURRENCE FIRE DAMAGE(ANY ONE FIRE) $3,000,000 OWNERS'S&CONRACTOR'S PROT MEDICAL EXPENSES EXCLUDED AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ALL OWNED AUTOS = BODILY INJURY SCHEDULED AUTOS (PER PERSON) $ = HIRED AUTOS BODILY INJURY (PER ACCIDENT) $ NON-OWNED AUTOS PROPERTY DAMAGE $ A OTHER ERRORS&OMISSIONS 008-PLEF 03/01/05 02/28/06 $3,0 Deductible encelAggregate 10%Deductible DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES�RESTMCTIONS/SPECIAL I rEMS AS RESPECTS: EFFECTIVE 9/13/05—12/31/05: CDBG FUNDING FOR SPRINGWOOD COMMUNITY CENTER ACTIVITIES FOR LOW-INCOME YOUTH,Per the interest of the CERTIFICATE HOLDER/ ADDITIONAL COVERED PARTY, As shown below. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAN S WRITTEN NOTICE TO THE CITY OF KENT CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OF LIABILITY OF ANY KIND UPON THE COMPANY ITS AGENTS OR RFPRESENT4TAES PARKS DEPT./HUMAN SERVICES DIV. ATTN. DINAH WILSON,CDBG COORDINATOR AUTHORIZED REPRESENTATIVE 220 4TH AVENUE SOUTH KENT,WA 98032 IULIUS C.SCOGGINS,EXECUTIVE DIRECTOR I\Certificates&Endorsements\2005-061Kmg Co\ICmg-l04 doc it EXHIBIT G City of Kent I Certification Regarding Debarment and Suspension King County Housing Authority Springwood Community Center/BG0516 Agency Name of Project/Project Number Certification A• Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions 1 The prospective primary participant certifies to the best of its knowledge and belief that its principals, a Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal debarment or agency, b Have not within a three-year period preceding this proposal, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(Federal, State, or local)transaction or contract under a public transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft,forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property, c Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State, or local)with commission of any of the offenses enumerated in paragraph (1)(b)of this certification, and d Have not within a three-year period preceding this application/proposal had one or more public transactions(Federal, State, or local)terminated for cause or default 2 Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal Instructions for Certification(A) 1 By signing and submitting this proposal,the prospective primary participant is providing the certification set out below 2 The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction The prospective participant shall submit an explanation of why it cannot provide the certification set out below The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction 3 The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Govemment/City of Kent, the department or agency may terminate this transaction for cause of default 4 The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances 5 The terms covered transaction, debarred,suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal,and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549 You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of these regulations 6 The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended, declared ineligible,or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction 7 The prospective pnmary participant further agrees by submitting this proposal that it will include the clause titled"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered Iof3 transactions 8 A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous A participant may decide the method and frequency by which it determines this eligibility of its principals Each participant may, but is not required to, check the Non-procurement List 9 Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings 10 Except for transactions authorized under paragraph (6) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government/City of Kent,the department or agency may terminate this transaction for cause of default I I III 2 of 3 I Certification B: Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions 1 The prospective lower tier participant certifies, by submission of this proposal,that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntanly excluded from participation in this transaction by any Federal department or agency 2 Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal Instructions for Certification (B) 1. By signing and submitting this proposal,the prospective lower tier participant is providing the certification set out below 2 The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government/City of Kent,the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment 3 The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances 4 The terms covered transaction, debarred,suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal,and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549 You may contact the person to which this proposal is submitted for assistance in obtaining a copy of these regulations 5 The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated 6 The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions 7 A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous A participant may decide the method { and frequency by which it determines the eligibility of its principals Each participant may, but is not required to, check the Nonprocurement List 8 Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings 9 Except for transactions authorized under paragraph (5) of these instructions, if a participant in a lower covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible,or voluntarily excluded from participation in this transaction, in addition to other ; remedies available to the Federal Government/City of Kent,the department or agency with which this trans- action originated may pursue available remedies including suspension and/or debarment Agency/Primary Contractor/Sub-Contractor(Print) Date Nz>r, �3 Z66S Authorized Signature of Agency/P any Title Contractor/Sub-Contractor / 3 of 3 � � I / � I O a . w LU 2 \0 � 3 U � / \ F. 0 ) � � (n % © ? E f o iL m n ca [ E \ o L CL 6 � R _ < U $ F _ w § / Y ( \ 2 E g � cu u CL K � ° � E k CL ) k ■ 0 E ƒ 1. 0 k ; ) ) 2 \ ) J § \. z2 m _ �; �§ a)k ®-W: r � \ - R ® �j \z E ° § 2 2 E E u § 2 2 5 E W � 0 \ \ \ 2 D / / ƒ 2 3 a it CD 3 � O N n Q v m �N >� G - CD z N N N � =myy N N (D -0 (D 0 CD O a_ s m m o� C o CD > > i d — (D y m CD CDO Z 6 N a o CD _� 3 m C C' N rt n 'C. =r O O O O y a CD N co '! T O o � Z o m x X cr CD 0 w N 2 � a I ocn CD m CD "' Z n. 0• —1 C ro D m _0m 0 j W T D 3 v Q D o > v p� s cm cn m (n m y (D C o s n v y Q CD w 3 � v m `. m oC m O 0 it EXHIBIT I COMMUNITY FACILITY COVENANT AGREEMENT King County Housing Authority Return Address: City of Kent Human Services Division 220 Fourth Avenue South Kent, WA 98032 ATTN: Dinah Wilson Grantor: King County Housing Authority, a Washington non-profit corporation Grantee: The City of Kent, a Washington municipal corporation Abbreviated NE '/4 ofNE '/4 Less N 750 FT OF E 725 FT LESS RDS Legal Description Full Legal Description: Page 2 Assessor's Tax Parcel No.: 3322059001 Recording Nos. of Documents Assigned, Released or Referenced:N/A Project Name: Springwood Community Center Document Date: January 1, 2005 This Community Facility Covenant Agreement("Covenant") is made by King County Housing Authority ("Grantor"), a Washington non-profit corporation and is part of the consideration for the financial assistance provided by the City of Kent, a Washington I I i municipal corporation("the Grantee"), to Grantor pursuant to CDBG Agreement Between City of Kent and King County Housing Authority, Project Number BG0516 ("Agreement"), for the real property ("Property") and improvements thereon located at 27360 1291h Place SE, Kent, King County, Washington, legally described as follows: THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, EXCEPT THE NORTH 750 FEET OF THE EAST 725 FEET THEREOF, AND EXCEPT THE NORTH 30 FEET THEREOF DEEDED TO KING COUNTY FOR ROAD UNDER AUDITOR'S FILE NO. 2625211 AND EXCEPT THE EAST 50 FEET THEREOF FOR ROAD Situated in the City of Kent, in King County, Washington. This Covenant shall constitute a restriction upon the use of the property described herein, subject to and in accordance with the terms of this Covenant for ten (10) years from January 1, 2005 ("Covenant Term"). The covenants contained herein are to be taken and construed as covenants running with the land and shall pass to and be binding upon the Grantor, its successors and assigns, heirs, grantees, or lessees of the Property. Each and every contract, deed, mortgage or other instrument covering or conveying the Property, or any portion thereof, shall be conclusively held to have been executed, delivered and accepted subject to such covenants, regardless of whether such covenants are set forth in such contract, deed, mortgage or other instruments. NOW THEREFORE, it is hereby covenanted for the Covenant Term: 1. The Grantor agrees to use the Property to provide services specified in the Agreement. 2. The Grantor shall charge facility tenants and/or users who provide Eligible Activities rents and/or fees that are limited to the actual operating costs associated with the tenant's and/or facility user's occupancy. 3. In the event the Property is used at times for other than Eligible Activities,including but not limited to private meetings, private parties, or for activities requiring payment of fees that may be excessive for low- and moderate-income persons,the Grantor shall comply with the following requirements. a. Such uses may not be scheduled so as to displace or conflict with eligible activities; b. Such uses must be given lower priority than eligible uses when scheduling use of the facility, C. Such uses may not comprise more than 30 percent of the facility's regular operating page 2 of 4 hours during any single quarter of the calendar year; and d. The Grantor must charge fair market rents or fees. 4. The Grantor shall maintain records documenting how rents and fees were calculated for all tenants and users of the facility. 5. The Grantor shall keep any records and make any reports relating to compliance with this Covenant that the Grantee may reasonably require. If a violation of any of the foregoing Covenant occurs,the Grantee may, after thirty days notice to the Grantor, institute and prosecute any proceeding at law or in equity to abate, default the Agreement, prevent, or enjoin any such violation or to compel specific performance by the Grantor of its obligations hereunder. No delay in enforcing the provisions hereof as to any breach or violation, shall impair, damage or waive the right of the Grantee to enforce the provisions hereof or to obtain relief against or recover for the continuation or repetition of such breach or violations or any similar breach or violation hereof at any later time. The Grantee, in any action to enforce the terms of this Covenant, including any claim or other proceeding in bankruptcy, shall be entitled to recover its reasonable attorney's fees and costs incurred in such action. IN WITNESS HEREOF, has executed this Covenant on the l3 day of O e)e r- BY: King County using Authority Authorized Signature Page 3 of 4 NOTARY PUBLIC acknowledgment for the Covenant between King County Housing Authority, a no profit corporation and the City of Kent, a Washington municipal corporation, dated C7c�o�ntia �3, aoo5 STATE OF WASHINGTON,) County of } On this day of ,aoah', before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared before me, S enR -•-S known to be the TH•�a 11't- , of King County Housing Authority, that executed the foregoing instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that 1\z. is authorized to execute the said instrument and that the seal affixed (if any) is the corporate seal of said corporation. Witness my hand and official seal hereto affixed the day and year first above written. Notary Public in and for the State o ashington, residing att- Page 4 of 4 paia�"uUrgh sN.......... a"A. , %. TAR y��, C � EXHIBIT J Federal Labor Standards Provisions U.S.Department of Flour nng and Urban Development Office of Labor Relations Applicability The Project or Program to which the construction work covered appropriate), a report of the action taken shall be sent by HUD or by this contract pertains is being assisted by the United States of its designee to the Administrator of the Wage and Hour Division, America and the following Federal Labor Standards Provisions Employment Standards Administration, U S Department of La- are included in this Contract pursuant to the provisions applicable bor,Washington,D C 20210 The Administrator,or an authorized to such Federal assistance representative,will approve,modify,or disapprove every additional A. 1 (1) Minimum Wages All laborers and mechanics em- classification action within 30 days of receipt and so advise HUD ployed or working upon the site of the work will be paid uncondi- or its designee or will notify HUD or its designee within the 30-day tionally and not less often than once a week, and without subse- period that additional time is necessary (Approved by the Office quent deduction or rebate on any account (except such payroll of Management and Budget under OMB control number 1215- deductions as are permitted by regulations issued by the Secre- 0140 ) tary of Labor under the Copeland Act (29 CFR Part 3), the full (c) In the event the contractor, the laborers or mechanics to be amount of wages and bona fide fringe benefits (or cash eguiva- employed in the classification or their representatives, and HUD lents thereof) due at time of payment computed at rates not less or its designee do not agree on the proposed classification and than those contained in the wage determination of the Secretary wage rate (including the amount designated for fringe benefits, of Labor which is attached hereto and made a part hereof, re- where appropriate), HUD or its designee shall refer the questions, gardless of any contractual relationship which may be alleged to including the views of all interested parties and the recommenda- exist between the contractor and such laborers and mechanics. tion of HUD or its designee, to the Administrator for determina- Contributions made or costs reasonably anticipated for bona fide tion The Administrator, or an authorized representative, will is- fringe benefits under Section I(b)(2) of the Davis-Bacon Act on sue a determination within 30 days of receipt and so advise HUD behalf of laborers or mechanics are considered wages paid to or its designee or will notify HUD or its designee within the 30-day such laborers or mechanics, subject to the provisions of 29 CFR period that additional time is necessary (Approved by the Office 55(a)(1)(iv), also, regular contributions made or costs incurred of Management and Budget under OMB Control Number 1215- for more than a weekly period (but not less often than quarterly) 0140) under plans,funds,or programs,which cover the particular weekly (d) The wage rate (including fringe benefits where appropriate) period, are deemed to be constructively made or incurred during determined pursuant to subparagraphs(1)(ii)(b)or(c)of this para- such weekly period graph,shall be paid to all workers performing work in the classifi- Such laborers and mechanics shall be paid the appropriate wage cation under this contract from the first day on which work is per- rate and fringe benefits on the wage determination for the classi- formed in the classification fication of work actually performed,without regard to skill, except (Ili) Whenever the minimum wage rate prescribed in the contract as provided in 29 CFR 5 5(a)(4) Laborers or mechanics per- for a class of laborers or mechanics includes a fringe benefit which forming work in more than one classification may be compensated is not expressed as an hourly rate,the contractor shall either pay at the rate specified for each classification for the time actually the benefit as stated in the wage determination or shall pay an- worked therein Provided, That the employer's payroll records other bona fide fringe benefit or an hourly cash equivalent thereof accurately set forth the time spent in each classification in which work is performed. The wage determination (including any addi- (iv) If the contractor does not make payments to a trustee or tional classification and wage rates conformed under 29 CFR other thud person, the contractor may consider as part of the 5 5(a)(1)(ii)and the Davis-Bacon poster(WH-1321)shall be posted wages of any laborer or mechanic the amount of any costs rea- at all times by the contractor and its subcontractors at the site of sonably anticipated in providing bona fide fringe benefits under a the work in a prominent and accessible, place where it can be plan or program,Provided,That the Secretary of Labor has found, easily seen by the workers upon the written request of the contractor,that the applicable stan- dards of the Davis-Bacon Act have been met The Secretary of (if) (a) Any class of laborers or mechanics which is not listed in Labor may require the contractor to set aside in a separate ac- the wage determination and which is to be employed under the count assets for the meeting of obligations under the plan or pro- contract shall be classified in conformance with the wage deter- gram (Approved by the Office of Management and Budget under mination HUD shall approve an additional classification and wage OMB Control Number 1215-0140 ) rate and fringe benefits therefor only when the following criteria have been met 2 Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the De- (1) The work to be performed by the classification requested is partment of Labor withhold or cause to be withheld from the con- not performed by a classification in the wage determination,and tractor under this contract or any other Federal contract with the (2) The classification is utilized in the area by the construction same prime contractor, or any other Federally-assisted contract industry, and subject to Davis-Bacon prevailing wage requirements, which is (3) The proposed wage rate, including any bona fide fringe ben- held by the same prime contractor so much of the accrued pay- efits,bears a reasonable relationship to the wage rates contained ments or advances as may be considered necessary to pay la- in the wage determination, borers and mechanics, including apprentices, trainees and help- (b) If the contractor and the laborers and mechanics to be em- ers, employed by the contractor or any subcontractor the full played in the classification (if known), or their representatives, amount of wages required by the contract In the event of failure and HUD or its designee agree on the classification and wage to pay any laborer or mechanic, including any apprentice,trainee rate (including the amount designated for fringe benefits where or helper,employed or working on the site of the work,all or part form HUD-4010(07/2003) Previous edition is obsolete Page 1 of 4 ref Handbook 1344 1 1 period has been paid the full weekly wages earned, without re- the contract, HUD or its designee may, bate,either directly y r indirectly,and that no 11 wages earned,other ons have been of the wages required by applicant,or owner, be necessary to cause the suspension made either direct) or indirect) from the ful wag after written notices the contractor,sponsor, take such action as may or guarantee of funds until such than permissible deductions as set forth in nic has be2.en CFR Part of any further payment,advance, 9chai equivalents less applicable wage rates and fringe benefits or cash eq violations have ceased HUD or is heamounts withheld foritand the app That cation of wrorkperformed, as specified in the appli notce to the contractor, disburse such Comptroller General shall cable wage determination incorporated into the contract ice on account of the contractor or subcontractor to the respective for the classi ca executed certification employees to whom they are due The Comp (a) The weekly submission of a properly set forth on the reverse side of Optional Form W,Staternent shall sat- t make such disbursements in the case of direct Davis-Bacon Act contracts rah A 3(ii)(b)• of 3. (1) Pay required b subparag P subject rolls and basic records.by Payrolls rig the ancehqu requirement for submissionof the above certifications may omp - relating thereto shall be maintained y (d) The falsification of anyprosecution course of the work preserved for a period of three years thereaf- e work the contractor or subcontractor to civil or criminal ter for all laborers and mechanics workaddresseand social secu-site of under Section 1001 of Title 18 and Section 231 of Title 31 oft e Such records shall contain the name, United States Code. rity number of each Suchpwncluding rateser correctof contributions Orctosts (iii) The contractor or subcontractor shall make the records re- hourly rates of wages p ( quired under subparagraph A.3.(i) avail' HUDof HUD le for inspection, opts anticipated for bona fide fringe benefits o2c B h egiheaDavis-bacon +rig or transcription by authorized rep of the types described in Section I(b)( )( ) deductions made designee or the Department of Labor, and shall permit such rethe p- resentatives h Depart employees during working hours on u red Act),data and g weekly paaiddu Whenever the Secretary of Labor has and actual wages P 1 w that the wages of any taborer or lob if the contractor or subcontractor fails to submit the required found under lu CFR 5 5(a)( )( ) records or to make them available,HUD or its tdesignee W er,take mechanic include the amount of Ian or program described anticipated e written notice to the contractor,sponsor, sor, applicant suspension of any in providing benefits under a p the contractor shall main- such action as may be necessary lion I(b)(2)(B) of the Davis-Bacon Act, provide Such further payment, advance, or guarantee of funds Furthermore, failure to submit the required records upon request or to make fain records which show that the commitment top be rounds for debarment action put- benefits is enforceable,that the Po ram han or s been cram isfommunicated such records available may 9 sponsible, and that the plan or program suant to 29 CFR 5 12 in writing to the laborers or mechanics affected,and records providing ed A. Apprentices and Trainees. show the costs anticipated or the employing cast rentices+orptrainees Apprentices will be permitted erfwork moil when such beness efits contractors emp oy g PP (I) Apprentices. under approved programs shall maintain written evidence ra the than the predetermined App istered in a registration of apprenticeship programs and certrfcationrai of traineeploy u pursuant to and individually registered apprentices and trainees, and they are employed program registered with the US De- programs, the registration of the hcable programs. bona tide apprenticeship Of- the ratios and wage rates prescribed in the app partment of Labor, Employment and Training LaborAdministration,Services, O- the Office of Management and Budget under OMB face of Apprenticeship Training, Employer and Labor Services, If (Approved by Apprenticeship Agency recognized by the Office, a y Control Numbers 1215-0140 and 1215-0017) with a State robationary person is employed in his or her first go days of P (it) (a) The contractor shall submit weekly for each week in wOr its hich employment as an apprentice in such an apprenticeship program, any contract work is performed a copy of all payrolls to HUD agency a p program, but who has s a party to the contract,but rf the ag who is not individually registered in the p 9 designee if the agency to the the Office of Apprenticeship Training, Employer the contractor will submit the payrolls been certified by Apprenticeship Agency (where I5 not such a party, be,for transmission employment as an applicant sponsor,or owner,as the case may and Labor Services or a State probationary Submitted shall set out ac- appropriate) to be eligible for P rentices to journeymen on to HUD or is designee The payrolls reciter than the curatety and completely all of the information required to be main- apprentice The allowable ratio of app 3 i This information may be submit- the job site in any craft classification shall not be g tamed under 29 CFR 5 5(a)( )O o roof at an under ted in any form desired Optional Form WH 3S is available for worker listed on a payroll Any this purpose and may be purchased from the Superintendent of life°eesteired program tted to te contractor as to the entire workforce Federal Stock Number 029se employed -005 00014 1), rime can Prentice wage rate,who Is not registered or theoth applicable pt I cable wage S Gov- Documents( aid not less than the app ernment Printing Office,Washington, DC 20co2 The pa rolls by as stated above, shall mi p the rate on the wage determination y apprentice classification cef performing work ton tractor Is responsible for by the mhe Oft ice ofpManagement and ally performed. In addition, any PP stered all subcontractors (ApprovedIcder I wage rate on Budget under OMB Control Number 1215-014nIed by a "State- the job site in excess not less the applicable t e re submttad shall be accomp program shall be p performed Where a (b) Each payroll the wage determination for the work actually Mont of Compliance;'signed by the contractor or subcontractor r- who pays or supervises the payment of the per- Contractor is performing construction on a project in a locality other his or her agentthan that +n which its program is registered, the ratios and wage sons employed rates(expressed in percentages of the journeyman's hourly rate) to ed under the contract and shall certify the following: ro ram (1) That the payroll for the payroll period contains the(i f a d that r's registered shall be observed Every apprenlce must be paid at not less required to be maintained under 29 CFR 5 5 (a)( )() specified in the contractor's or subcontr program the such Information is correct and complete, specified in the registeredrogra of the employed on the contract during the payroll apprentice's level of progress, expressed as a percentage (2) That each laborer or mechanic (including each helper, ap- than the rate Prentice,and trainee) form HUD•4010(07l2003) ref Handbook 13441 Page 2 014 Previous edition is obsolete i I journeymen hourly rate specified in the applicable wage determi- 7. Contract termination;debarment. A breach of the contract nation Apprentices shall be paid fringe benefits in accordance clauses in 29 CFR 5 5 may be grounds for termination of the con- with the provisions of the apprenticeship program If the appren- tract and for debarment as a contractor and a subcontractor as ticeship program does not specify fringe benefits,apprentices must provided in 29 CFR 5 12 be paid the full amount of fringe benefits listed on the wage deter- 8. Compliance with Davis-Bacon and Related Act Requirements. mination for the applicable classification If the Administrator de- All rulings and interpretations of the Davis-Bacon and Related termines that a different practice prevails for the applicable ap- Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorpo- prentice classification, fringes shall be paid in accordance with rated by reference in this contract that determination In the event the Office of Apprenticeship Train- 9 Disputes concerning labor standards. Disputes arising out ing, Employer and Labor Services, or a State Apprenticeship of the labor standards provisions of this contract shall not be sub- Agency recognized by the Office, withdraws approval of an ap- ject to the general disputes clause of this contract Such disputes prenticeship program, the contractor will no longer be permitted shall be resolved in accordance with the procedures of the De- to utilize apprentices at less than the applicable predetermined partment of Labor set forth in 29 CFR Parts 5, 6,and 7 Disputes rate for the work performed until an acceptable program is ap- within the meaning of this clause include disputes between the proved contractor(or any of its subcontractors)and HUD or its designee, (it) Trainees. Except as provided in 29 CFR 5 16, trainees will the U S. Department of Labor, or the employees or their repre- not be permitted to work at less than the predetermined rate for sentatives the work performed unless they are employed pursuant to and 10 (1) Certification of Eligibility. By entering into this contract individually registered in a program which has received prior ap- the contractor certifies that neither it (nor he or she) nor any per- proval, evidenced by formal certification by the U S Department son or firm who has an interest in the contractor's firm is a person of Labor, Employment and Training Administration The ratio of or firm ineligible to be awarded Government contracts by virtue of trainees to journeymen on the fob site shall not be greater than Section 3(a)of the Davis-Bacon Act or 29 CFR 5 12(a)(1)or to be permitted under the plan approved by the Employment and Train- awarded HUD contracts or participate in HUD programs pursuant ing Administration Every trainee must be paid at not less than to 24 CFR Part 24 the rate specified in the approved program for the trainee's level of progress,expressed as a percentage of the journeyman hourly (h) No part of this contract shall be subcontracted to any person rate specified in the applicable wage determination Trainees shall or firm ineligible for award of a Government contract by virtue of be paid fringe benefits in accordance with the provisions of the Section 3(a)of the Davis-Bacon Act or 29 CFR 5 12(a)(1)or to be trainee program If the trainee program does not mention fringe awarded HUD contracts or participate in HUD programs pursuant benefits, trainees shall be paid the full amount of fringe benefits to 24 CFR Part 24 listed on the wage determination unless the Administrator of the (M) The penalty for making false statements is prescribed in the Wage and Hour Division determines that there is an apprentice- U.S. Criminal Code, 18 U S C 1001 Additionally, U S Criminal ship program associated with the corresponding journeyman wage Code, Section 1 01 0,Title 18, U S C,"Federal Housing Adminis- rate on the wage determination which provides for less than full tration transactions", provides in part "Whoever, for the purpose fringe benefits for apprentices Any employee listed on the pay- of influencing in any way the action of such Administration roll at a trainee rate who is not registered and participating in a makes,utters or publishes any statement knowing the same to be training plan approved by the Employment and Training Adminis- false shall be fined not more than $5,000 or imprisoned not tration shall be paid not less than the applicable wage rate on the more than two years, or both:' wage determination for the work actually performed In addition, 11 Complaints, Proceedings, or Testimony by Employees. any trainee performing work on the job site in excess of the ratio No laborer or mechanic to whom the wage, salary, or other labor permitted under the registered program shall be paid not less than standards provisions of this Contract are applicable shall be dis- the applicable wage rate on the wage determination for the work charged or in any other manner discriminated against by the Con- actually performed In the event the Employment and Training tractor or any subcontractor because such employee has filed any Administration withdraws approval of a training program, the con- complaint or instituted or caused to be instituted any proceeding tractor will no longer be permitted to utilize trainees at less than or has testified or is about to testify in any proceeding under or the applicable predetermined rate for the work performed until an relating to the labor standards applicable under this Contract to acceptable program is approved his employer (tin) Equal employment opportunity The utilization of appren- tices, trainees and journeymen under 29 CFR Part 5 shall be in B. Contract Work Hours and Safety Standards Act. The provi- conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. sions of this paragraph B are applicable only where the amount of the prime contract exceeds$100,000 As used in this paragraph,the 5. Compliance with Copeland Act requirements. The contrac- terms"laborers"and"mechanics"include watchmen and guards for shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract (1) Overtime requirements. No contractor or subcontractor con- tracting for any part of the contract work which may require or involve 6. Subcontracts. The contractor or subcontractor will insert in the employment of laborers or mechanics shall require or permit any any subcontracts the clauses contained in subparagraphs 1 such laborer or mechanic in any workweek in which he or she is through 11 of this paragraph A and such other clauses as HUD or employed on such work to work in excess of 40 hours in such work- its designee may by appropriate instructions require, and a copy week unless such laborer or mechanic receives compensation at a of the applicable prevailing wage decision, and also a clause re- rate not less than one and one-half times the basic rate of pay for all quiring the subcontractors to include these clauses in any lower hours worked in excess of 40 hours in such workweek tier subcontracts The prime contractor shall be responsible for (2) Violation; liability for unpaid wages; liquidated damages. the compliance by any subcontractor or lower tier subcontractor In the event ; any violation for of the clause set forth in amagesubpara- with all the contract clauses in this paragraph form HUD-4010(07/2003) Previous edition is obsolete Page 3 of 4 ref Handbook 1344 1 i graph(1)of this paragraph,the contractor and any subcontractor (4) Subcontracts. The contractor or subcontractor shalt insert responsible therefor shall be liable for the unpaid wages. In addi- in any subcontracts the clauses set forth in subparagraph (1) tion,such contractor and subcontractor shall be liable to the United through (4)of this paragraph and also a clause requiring the sub- States (in the case of work done under contract for the District of contractors to include these clauses in any lower tier subcontracts Columbia or a territory, to such District or to such territory), for The prime contractor shall be responsible for compliance by any liquidated damages Such liquidated damages shall be computed subcontractor or lower tier subcontractor with the clauses set forth with respect to each individual laborer or mechanic, including in subparagraphs(1)through (4)of this paragraph watchmen and guards, employed in violation of the clause set C. Health and Safety. The provisions of this paragraph C are ap- forth in subparagraph (1) of this paragraph, in the sum of$10 for plicable only where the amount of the prime contract exceeds each calendar day on which such individual was required or permit- $100,000 ted to work in excess of the standard workweek of 40 hours without (1) No laborer or mechanic shall be required to work in surround- payment of the overtime wages required by the clause set forth in ings or under working conditions which are unsanitary, hazard- sub paragraph (1) of this paragraph ous, or dangerous to his health and safety as determined under (3) Withholding for unpaid wages and liquidated damages. construction safety and health standards promulgated by the Sec- HUD or its designee shall upon its own action or upon written retary of Labor by regulation request of an authorized representative of the Department of La- (2) The Contractor shall comply with all regulations issued by the bor withhold or cause to be withheld, from any moneys payable Secretary of Labor pursuant to Title 29 Part 1926 and failure to on account of work performed by the contractor or subcontractor comply may result to imposition of sanctions pursuant to the Con- under any such contract or any other Federal contract with the tract Work Hours and Safety Standards Act, 40 USC 3701 et seq same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act (3) The Contractor shall include the provisions of this para- which is held by the same prime contractor such sums as may be graph in every subcontract so that such provisions will be determined to be necessary to satisfy any liabilities of such con- binding on each subcontractor The Contractor shall take such tractor or subcontractor for unpaid wages and liquidated damages action with respect to any subcontract as the Secretary of as provided in the clause set forth in subparagraph (2) of this Housing and Urban Development or the Secretary of Labor paragraph shall direct as a means of enforcing such provisions �I i form HUD4010(0712003) Previous edition is obsolete Page 4 of 4 ref Handbook 13441 WAIS Document Retrieval EXHIBIT K Page 1 of 36 DAVIS-BACON WAGE DETERMINATION GENERAL DECISION: WA20030002 04/22/2005 WA2 Date: April 22, 2005 General Decision Number: WA20030002 04/22/2005 Superseded General Decision Number: WA020002 State: Washington Construction "Types: Building Counties: Chelan, Clallam, Grays Harbor, Jefferson, King, Kitsap, Kittitas, Lewis, Mason, Pacific, Pierce, Snohomish and Thurston Counties in Washington. BUILDING CONSTRUCTION PROJECTS (does not include residential construction consisting of single family homes and apartments up to and including 4 stories) Modification Number Publication Date 0 06/13/2003 1 02/06/2004 2 02/13/2004 3 03/05/2004 4 03/12/2004 5 05/14/2004 6 06/18/2004 7 06/25/2004 8 07/02/2004 9 07/23/2004 10 08/06/2004 11 08/20/2004 12 09/03/2004 13 10/01/2004 14 10/15/2004 15 10/22/2004 16 11/05/2004 17 11/19/2004 18 12/03/2004 19 01/14/2005 20 02/11/2005 21 02/18/2005 22 03/04/2005 23 03/18/2005 24 03/25/2005 25 04/01/2005 26 04/22/2005 ASBE0007-001 06/01/2004 Rates Fringes Asbestos Workers/Insulator (Includes application of all insulating materials, protective coverings, coating and finishes to all types of mechanical systems) . . . . . . . . . . . .$ 32.16 9.77 ---------------------------------------------------------------- http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davi s-Bacon&docid=WA200... 4/22/2005 - a WAIS Document Retrieval Page 2 of 36 BOIL0242-003 01/01/2005 CHELAN AND KITTITAS COUNTIES Rates Fringes Boilermaker. . . . . . . . . . . . . . . . . . . .$ 27.35 17.62 ---------------------------------------------------------------- BOIL0502-001 01/01/2005 CLALLAM, GRAYS HARBOR, JEFFERSON, KING, KITSAP, LEWIS, MASON, PACIFIC, SNOHOMISH AND THURSTON COUNTIES Rates Fringes Boilermaker. . . . . . . . . . . . . . . . . . . .$ 27.35 17.62 ---------------------------------------------------------------- BRWA0001-001 06/01/2004 CLALLAM, GRAYS HARBOR, JEFFERSON, KING, KITSAP, LEWIS, MASON, PACIFIC (northern part) , PIERCE, SNOHOMISH AND THURSTON COUNTIES Rates Fringes Bricklayer. . . . . . . . . . . . . . . . . . . . .$ 29.21 10.66 ---------------------------------------------------------------- BRWA0001-005 06/01/2004 PACIFIC COUNTY (SOUTHERN PART) Rates Fringes Bricklayer. . . . . . . . . . . . . . . . . . . . .$ 27.92 11. 05 Marble Mason. . . . . . . . . . . . . . . . . . .$ 28.92 11. 05 ---------------------------------------------------------------- BRWA0001-006 05/01/2004 PACIFIC (SOUTHERN PORTION) COUNTY Rates Fringes Terrazzo Worker & Tile Setter. .$ 24.55 9.18 Tile & Terrazzo Finisher. . . . . . .$ 18.41 6.95 ---------------------------------------------------------------- BRWA0001-007 06/01/2004 CLALLAM, GRAYS HARBOR, JEFFERSON, KING, KITSAP,LEWIS, MASON, PACIFIC (NORTHERN HALF) , PIERCE, THURSTON AND SNOHOMISH COUNTIES Rates Fringes Tile & Terrazzo Finisher. . . . . . .$ 20.90 9.98 Tile & Terrazzo Worker. . . . . . . . .$ 26.62 10.41 ---------------------------------------------------------------- BRWA0003-001 06/01/2004 CHELAN AND KITTITAS COUNTIES Rates Fringes http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi'?dbname=Davis-Bacon&docid=WA200... 4/22/2005 WAIS Document Retrieval Page 3 of 36 Bricklayer. . . . . . . . . . . . . . . . . . . . .$ 23.56 9.46 ---------------------------------------------------------------- BRWA0003-005 06/01/2004 CHELAN AND KITTITAS Rates Fringes --Tile & Terrazzo Finisher. . . . . . .$-14�95-------------7.38 ---------------------------- ------- BRWA0003-006 06/01/2004 CHELAN AND KITTITAS Rates Fringes Tile Layer/Terrazzo Worker. . . . .$ 18.75 7.38 ---------------------------------------------------------------- CARP0770-004 06/01/2004 Rates Fringes Carpenters: CENTRAL WASHINGTON: CHELAN AND KITTITAS COUNTIES ACCOUSTICAL WORKERS. . . . . . . .$ 20.98 10.27 CARPENTERS AND DRYWALL APPLICATORS. . . . . . . . . . . . . . . .$ 20.72 10.27 CARPENTERS ON CREOSOTED MATERIALS. . . . . . . . . . . . . . . . . .$ 20.82 10.27 DIVERS TENDER. . . . . . . . . . . . . .$ 31.17 10.55 DIVERS. . . . . . . . . . . . . . . . . . . . .$ 70.07 10.55 INSULATION APPLICATORS. . . . .$ 20.72 10.27 MILLWRIGHTS AND MACHINE ERECTORS. . . . . . . . . . . . . . . . . . .$ 29.40 10.27 PILDRIVER, DRIVING, PULLING, CUTTING, PLACING COLLARS, SETTING, WELDING, OR CREOSOTE TREATED MATERIAL, ALL PILING. . . . . . . . . . . . . . . . . . . . .$ 28.60 10.27 PILEDRIVER, BRIDGE DOCK & WHARF CARPENTERS. . . . . . . . . . .$ 28.40 10.27 SAWFILER, STATIONARY POWER SAW OPERATORS, FLOOR FINISHER, FLOOR LAYER, SHINGLERS, FLOOR SANDER OPERATOR AND OPERATORS OF OTHER STATIONARY WOOD WORKING TOOLS. . . . . . . . . . . . . . . . . . . . . .$ 20.85 10.27 WESTERN WASHINGTON: CLALLAM, GRAYS HARBOR, JEFFERSON, KING, KITSAP, LEWIS, MASON, PACIFIC (NORTH) , PIERCE, SNOHOMISH AND THURSTON COUNTIES ACOUSTICAL WORKERS. . . . . . . . .$ 28.56 10.55 CARPENTERS AND DRYWALL APPLICATORS. . . . . . . . . . . . . . .$ 28.40 10.55 oc.c http://frwebgate.access.gpo. ov/c i-bin/ etd i?dbname=Davis-Bacon&docid=WA200... 4/22/2005 g g g g WAIS Document Retrieval Page 4 of 36 CARPENTERS ON CREOSOTE MATERIAL. . . . . . . . . . . . . . . . . . .$ 28.50 10.55 DIVERS TENDER. . . . . . . . . . . . . .$ 31.17 10.55 DIVERS. . . . . . . . . . . . . . . . . . . . .$ 70.07 10.55 INSULATION APPLICATORS. . . . .$ 28.40 10.55 MILLWRIGHT AND MACHINE ERECTORS. . . . . . . . . . . . . . . . . . .$ 29.40 10.55 i PILDRIVER, BRIDGE DOCK do WHARF CARPENTERS. . . . . . . . . . .$ 28.40 10.55 PILEDRIVER, DRIVING, PULLING, CUTTING, PLACING COLLARS, SETTING, WELDING OR CRESOTE TREATED MATERIAL, ALL PILING. . . . . . .$ 28.60 10.55 SAWFILERS, STATIONARY POWER SAW OPERATORS, FLOOR FINISHER, FLOOR LAYER, SHINGLER, FLOOR SANDER OPERATORS OF OTHER STATIONARY WOOD WORKING TOOLS. . . . . . . . . . . . . . . . . . . . . .$ 28.53 10.55 (HOURLY ZONE PAY:WESTERN WASHINGTON AND CENTRAL WASHINGTON CARPENTERS ONLY) Hourly Zone Pay shall be paid on jobs located outside of the free zone computed from the city center of the following listed cities: Seattle Olympia Bellingham Auburn Bremerton Anacortes Renton Shelton Yakima Aberdeen-Hoquiam Tacoma Wenatchee Ellensburg Everett Port Angeles Centralia Mount Vernon Sunnyside Chelan Pt. Townsend Zone Pay: 0 -25 radius miles Free 25-35 radius miles $1.00/hour 35-45 radius miles $1.15/hour 45-55 radius miles $1.35/hour Over 55 radius miles $1.55/hour (HOURLY ZONE PAY:WESTERN AND CENTRAL WASHINGTON-MILLWRIGHTS AND PILEDRIVERS ONLY) Hour Zone Pay shall be computed from Seattle Union Hall, Tacoma City center, and Everett City center Zone Pay: 0 -25 radius miles Free 25-45 radius miles $ .70/hour Over 45 radius miles $1.50/hour Millwrights and Piledrivers who reside in Aberdeen, Bellingham, Port Angeles, Mount Vernon, Olympia, Wenatchee, or Yakima Local Union 3urisdication areas, working on jobs in their respective area, shall have their Zone Pay measured from their respective city center http://f 7webgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=WA200... 4/22/2005 WAIS Document Retrieval Page 5 of 36 ---------------------------------------------------------------- CARP9003-001 06/01/2004 PACIFIC COUNTY (South of a straight line made by extending the north boundary line of Wahkiakum County west to Willapa Bay to the Pacific Ocean, and thence north through the natural waterway to the Pacific Ocean (this will include the entire peninsula west of Willapa Bay) SEE ZONE DESCRIPTION FOR CITIES BASE POINTS ZONE 1: Rates Fringes Carpenters: CARPENTERS. . . . . . . . . . . . . . . . . .$ 27.72 10.70 DIVERS TENDERS. . . . . . . . . . . . . .$ 30.27 10.70 DIVERS. . . . . . . . . . . . . . . . . . . . . .$ 65.51 10.70 DRYWALL, ACOUSTICAL & LATHERS. . . . . . . . . . . . . . . . . . . . . $ 27.72 10.70 FLOOR LAYERS & FLOOR FINISHERS (the laying of all hardwood floors nailed and mastic set, parquet and wood-type tiles, and block floors, the sanding and finishing of floors, the prepara- tion of old and new floors when the materials mentioned above are to be installed; INSULATORS (fiberglass and similar irritating material) $ 27.87 10.70 MILLWRIGHTS. . . . . . . . . . . . . . . . .$ 28.22 10.70 PILEDRIVERS. . . . . . . . . . . . . . . . .$ 28.22 10.70 Zone Differential (Add to Zone 1 rates) : Zone 2 - $0.85 Zone 3 - 1.25 Zone 4 - 1.70 Zone 5 - 2.00 Zone 6 - 3.00 BASEPOINTS: GOLDENDALE, LONGVIEW, AND VANCOUVER ZONE 1: Projects located within 30 miles of the respective city hall of the above mentioned cities ZONE 2 : Projects located more than 30 miles and less than 40 miles of the respective city of the above mentioned cities ZONE 3 : Projects located more than 40 miles and less than 50 miles of the respective city of the above mentioned cities ZONE 4: Projects located more than 50 miles and less than 60 miles of the respective city of the above mentioned cities. ZONE 5: Projects located more than 60 miles and less than 70 miles of the respective city of the above mentioned cities http://frwebgate.access.gpo.gov/cgi-bin/getdoe.cgi?dbname=Davis-Bacon&docid=WA200... 4/22/2005 WAIS Document Retrieval Page 6 of 36 ZONE 6: Projects located more than 70 miles of the respected city of the above mentioned cities ---------------------------------------------------------------- ELEC0046-002 06/01/2004 CALLAM, JEFFERSON, KING AND KITSAP COUNTIES Rates Fringes Cable splicer. . . . . . . . . . . . . . . . . .$ 36.85 3%+11.55 Electrician. . . . . . . . . . . . . . . . . . . .$ 33.50 3%+11.55 ---------------------------------------------------------------- ELEC0046-003 08/02/2004 CALLAM, JEFFERSON, KING, KITSAP COUNTIES Rates Fringes Sound & Communication Technician. . . . . . . . . . . . . . . . . . . . .$ 21.59 5.54 SCOPE OF WORK: Includes the installation, testing, service and maintenance, of the following systems which utilize the transmission and/or transference of voice, sound vision and digital for commercial, education, security and entertainment purposes for the following: TV monitoring and surveillance, background-foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi-media, multiplex, nurse call system, radio page, school intercom and sound, burglar alarms, fire alarms and life safety systems (hang, terminate devices and panels and to conduct functional and systems tests) , and low voltage master clock systems. Install chases and/or nipples, not to exceed ten (10) feet, on systems not in conduit. WORK EXCLUDED: Raceway systems are not covered (excluding Ladder-Rack for the purpose of the above listed systems) . Chases and/or nipples (over 10 feet) may be installed on open wiring systems. ---------------------------------------------------------------- ELEC0076-001 09/01/2004 GRAYS HARBOR, LEWIS, MASON, PACIFIC, PIERCE, THURSTON COUNTIES Rates Fringes Cable splicer. . . . . . . . . . . . . . . . . .$ 34.13 3%+12.56 Electrician. . . . . . . . . . . . . . . . . . . .$ 30.75 3%+12.56 ---------------------------------------------------------------- ELEC0076-003 06/01/2001 GRAYS HARBOR, LEWIS, MASON, PACIFIC, PIERCE AND THURSTON COUNTIES Rates Fringes I http://frwebg ate.access.gpo.gov/cgi-bin/getdoc.cgi')dbname=Davis-Bacon&doeid=WA200 .. 4!2212005 WAIS Document Retrieval Page 7 of 36 Sound & Communication Technician. . . . . . . . . . . . . . . . . . . . .$ 18.77 5.97 SCOPE OF WORK Includes the installation, testing, service and maintenance, of the following systems which utilize the transmission and/or transference of voice, sound, vision and digital for commercial, education, security and entertainment purposes for the following: TV monitoring and surveillance, background-foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi-media, multiplex, nurse call system, radio page, school intercom and sound, burglar alarms and low voltage master clock systems. A. Communication systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems: SCADA (Supervisory control/data acquisition PCM (Pulse code modulation) Inventory control systems Digital data systems Broadband & baseband and carriers Point of sale systems VSAT data systems Data communication systems RF and remote control systems Fiber optic data systems B_ Sound and Voice Transmission/Transference Systems: Background-Foreground Music Intercom and Telephone Interconnect Systems Sound and Musical Entertainment Systems Nurse Call Systems Radio Page Systems School Intercom and Sound Systems Burglar Alarm Systems Low-Voltage Master Clock Systems Multi-Media/Multiplex Systems Telephone Systems RF Systems and Antennas and Wave Guide C. *Fire Alarm Systems-installation, wire pulling and testing. D. Television and Video Systems: Television Monitoring and Surveillance Systems Video Security Systems Video Entertainment Systems Video Educational Systems Microwave Transmission Systems CATV and CCTV E. Security Systems: Perimeter Security Systems Vibration Sensor Systems Sonar/Infrared Monitoring Equipment Access Control Systems Card Access Systems F. Energy Management Systems. 1. Install all low voltage devices or equipment. 2. Install all low voltage wire not in conduit. 3. Make all low voltage wire terminations that are properly seperated from the line voltage side. 4. Install any panel or equipment the contains only low voltage control elements, but has line voltage as a power source. 5. Install chases and /or nipples, not to exceed ten (10) feet, on sytems not in conduit. 6. Install all low voltage wire through chases and/or nipples on systems not in conduit. nLUP://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=WA200... 4/22/2005 A WAIS Document Retrieval Page 8 of 36 *Fire Alarm Systems: 1. Fire Alarms-In Raceways a. Wire and cable pulling, in raceways, performed at the current electrician wage rate and fringe benefits. b. Installation and termination of devices, panels, startup, testing and programming performed by the technician. 2 . Fire Alarms-Open Wire Systems a. Open wire systems installed by the technician. ---------------------------------------------------------------- ELEC0112-002 06/01/2004 KITTITAS COUNTY Rates Fringes Cable splicer. . . . . . . . . . . . . . . . . .$ 31.24 3%+12 .28 Electrician. . . . . . . . . . . . . . . . . . . .$ 29.75 3%+12.28 ---------------------------------------------------------------- ELEC0112-007 06/01/2002 KITTTITAS COUNTY Rates Fringes Sound & Communication Technician. . . . . . . . . . . . . . . . . . . . .$ 19.97 5.93 SCOPE OF WORK The work covered shall include the installation, testing, service and maintenance, of the following systems that utilize the transmission and/or transference of voice, sound, vision and digital for commercial, education, security and entertainment purposes for TV monitoring and surveillance, background foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi-media, multiplex, nurse call system, radio page, school intercom and sound, burglar alarms and low voltage master clock systems. A. Communication systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems: SCADA (Supervisory control/data acquisition PCM (Pulse code modulation) Inventory control systems Digital data systems Broadband & baseband and carriers Point of sale systems VSAT data systems Data communication systems RF and remote control systems Fiber optic data systems B. Sound and Voice Transmission/Transference Systems: Background-Foreground Music Intercom and Telephone Interconnect Systems Sound and Musical Entertainment Systems Nurse Call Systems Radio Page Systems School Intercom and Sound Systems Burglar Alarm Systems Low-Voltage Master Clock Systems Multi-Media/Multiplex Systems Telephone Systems RF Systems and Antennas and Wave Guide C. *Fire Alarm Systems-installation, wire pulling and http://frwebgate.access.gpo.gov/cgi-bin/getdoe.cgi?dbname=Davis-Bacon&doci d=WA200... 4/22/2005 r WAIS Document Retrieval Page 9 of 36 testing. D. Television and Video Systems: Television Monitoring and Surveillance Systems Video Security Systems Video Entertainment Systems Video Educational System Microwave Transmission Systems CATV and CCTV E. Security Systems: Perimeter Security Systems Vibration Sensor Systems Sonar/Infrared Monitoring Equipment Access Control Systems Card Access Systems F. Energy Management Systems. 1. Install all low voltage devices or equipment. 2. Install all low voltage wire not in conduit. 3 . Make all low voltage wire terminations that are properly seperated from the line voltage side. 4. Install any panel or equipment the contains only low voltage control elements, but has line voltage as a power source. 5. Install chases and /or nipples, not to exceed ten (10) feet, on sytems not in conduit. 6. Install all low voltage wire through chases and/or nipples on systems not in conduit. *Fire Alarm Systems: 1. Fire Alarms-In Raceways a. Wire and cable pulling, in raceways, performed at the current electrician wage rate and fringe benefits. b. Installation and termination of devices, panels, startup, testing and programing performed by the technician. 2. Fire Alarms-Open Wire Systems a. Open wire systems installed by the technician. ---------------------------------------------------------------- ELEC0191-001 09/01/2004 CHELAN COUNTY Rates Fringes Cable splicer. . . . . . . . . . . . . . . . . .$ 29.33 3%+10.28 Electrician . . . . . . . . . . . . . . . . . . .$ 26. 66 3%+10.28 ---------------------------------------------------------------- ELEC0191-005 06/01/2003 CHELAN AND SNOHOMISH COUNTIES Rates Fringes Sound & Communication Technician. . . . . . . . . . . . . . . . . . . . . $ 22.50 4.87 SCOPE OF WORK The work covered shall include the installation, testing, service and maintenance, of the following systems that utilize the transmission and/or transference of voice, sound, vision and digital for commercial, education, security and entertainment purposes for TV monitoring and http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&doeid=WA200... 4/22/2005 y WAIS Document Retrieval Page 10 of 36 surveillance, background foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi-media, multiplex, nurse call system, radio page, school intercom and sound, burglar alarms and low voltage master clock systems. A. Communication systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems: SCADA (Supervisory control/data acquisition PCM (Pulse code modulation) Inventory control systems Digital data systems Broadband & baseband and carriers Point of sale systems VSAT data systems Data communication systems RF and remote control systems Fiber optic data systems B. Sound and Voice Transmission/Transference Systems: Background-Foreground Music Intercom and Telephone Interconnect Systems Sound and Musical Entertainment Systems Nurse Call Systems Radio Page Systems School Intercom and Sound Systems Burglar Alarm Systems Low-Voltage Master Clock Systems Multi-Media/Multiplex Systems Telephone Systems RF Systems and Antennas and Wave Guide C. *Fire Alarm Systems-installation, wire pulling and testing. D. Television and Video Systems: Television Monitoring and Surveillance Systems Video Security Systems Video Entertainment Systems Video Educational Systems Microwave Transmission Systems CATV and CCTV E. Security Systems: Perimeter Security Systems Vibration Sensor Systems Sonar/Infrared Monitoring Equipment Access Control Systems Card Access Systems F. Energy Management Systems. 1. Install all low voltage devices or equipment. 2. Install all low voltage wire not in conduit. 3 . Make all low voltage wire terminations that are properly seperated from the line voltage side. 4. install any panel or equipment the contains only low voltage control elements, but has line voltage as a power source. 5. Install chases and /or nipples, not to exceed ten (10) feet, on sytems not in conduit. 6. Install all low voltage wire through chases and/or nipples on systems not in conduit. *Fire Alarm Systems: 1. Fire Alarms-In Raceways a. Wire and cable pulling, in raceways, performed at the current electrician wage rate and fringe benefits. b. Installation and termination of devices, panels, startup, testing and programming performed by the technician. 2 . Fire Alarms-Open Wire Systems i http://frwebgate.access.gpo.gov/cgi-bin/getdoe cgi?dbname=Davis-Bacon&docid=WA200... 4/22/2005 WAIS Document Retrieval Page 11 of 36 a. Open wire systems installed by the tchnician. ---------------------------------------------------------------- ELECO191-010 09/01/2004 SNOHOMISH COUNTY Rates Fringes Cable splicer. . . . . . . . . . . . . . . . . .$ 33 .72 3%+10.33 Electrician. . . . . . . . . . . . . . . . . . . .$ 30. 66 3%+10.33 ---------------------------------------------------------------- ELEV0019-001 01/01/2005 CHELAN, CLALLAM, GRAYS HARBOR, JEFFERSON, KING, KITSAP, KITTITAS, LEWIS, MASON, PIERCE, SNOHOMISH AND THURSTON COUNTIES Rates Fringes Elevator Mechanic. . . . . . . . . . . . . .$ 37.085 12.015 + A FOOTNOTE: a. Employer contributes 8% of the basic hourly rate for over 5 year's service and 6% of the basic hourly rate for 6 months to 5 years' of service as vacation paid credit. Seven paid holidays: New Year's Day; Memorial Day; Independence Day; Labor Day, Thanksgiving Day, Friday after Thanksgiving and Christmas Day ---------------------------------------------------------------- ELEV0023-002 01/01/2005 PACIFIC COUNTY Rates Fringes Elevator Mechanic. . . . . . . . . . . . . .$ 37.255 12.015+a FOOTNOTE a: Vacation Pay: 8% with 5 or more years of service, 6% for 6 months to 5 years service. Paid Holidays: Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Friday after, and Christmas Day, and New Years Day. ---------------------------------------------------------------- ENGI0302-001 06/01/2004 CHELAN (WEST OF THE 120TH MERIDIAN) , CLALLAM, GRAYS HARBOR, JEFFERSON, KING, KITSAP, KITTITAS, MASON AND SNOHOMISH COUNTIES ON PROJECTS DESCRIBED IN FOOTNOTE A BELOW, THE RATE FOR EACH GROUP SHALL BE 95% OF THE BASE RATE PLUS FULL FRINGE BENEFITS. ON ALL OTHER WORK, THE FOLLOWING RATES APPLY. Zone 1 (0-25 radius miles) : Rates Fringes Power equipment operators: Group 1A. . . . . . . . . . . . . . . . . . .$ 30.61 10.25 Group 1AA. . . . . . . . . . . . . . . . . .$ 31.15 10.25 Group 1AAA. . . . . . . . . . . . . . . . .$ 31.67 10.25 Group 1. . . . . . . . . . . . . . . . . . . . .$ 30. 09 10 25 h ://frweb ate.access. o. ov/c i-bin/ etdoac i?dbname=Davis-Bacon&docid=WA200... 4/22/2005 mP g gP g � g g WAIS Document Retrieval rage u of jo Group 2. . . . . . . . . . . . . . . . . . . . .$ 29.63 10.25 Group 3. . . . . . . . . . . . . . . . . . . . .$ 29.24 10 .25 Group 4. . . . . . . . . . . . . . . . . . . . .$ 27.01 10.25 Zone Differential (Add to Zone 1 rates) : Zone 2 (26-45 radius miles) - $ .70 Zone 3 (Over 45 radius miles) - $1.00 BASEPOINTS: Aberdeen, Bellingham, Bremerton, Everett, Kent, Mount Vernon, Port Angeles, Port Townsend, Seattle, Shelton, Wenatchee, Yakima POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP IAAA - Cranes-over 300 tons, or 300 ft of boom (including Sib with attachments) GROUP 1AA - Cranes 200 to 300 tons, or 250 ft of boom (including jib with attachments) ; Tower crane over 175 ft in height, base to boom GROUP lA - Cranes, 100 tons thru 199 tons, or 150 ft of boom (including Sib with attachments) ; Crane-overhead, bridge type, 100 tons and over; Tower crane up to 175 ft in height base to boom; Loaders-overhead, 8 yards and over; Shovels, excavator, backhoes-6 yards and over with attachments GROUP 1 - Cableway; Cranes 45 tons thru 99 tons, under 150 ft of boom (including jib with attachments) ; Crane-overhead, bridge type, 45 tons thru 99 tons; Derricks on building work, Excavator, shovel, backhoes over 3 yards and under 6 yards; Hard tail end dump articulating off-road equipment 45 yards and over; Loader- overhead 6 yards to, but not including 8 yards; Mucking machine, mole, tunnel, drill and/or shield; Quad 9, HD 41, D-10; Remote control operator on rubber tired earth moving equipment; Rollagon; Scrapers-self propelled 45 yards and over; Slipform pavers; Transporters, all truck or track type GROUP 2 - Barrier machine (zipper) ; Batch Plant Operaor- Concrete; Bump Cutter; Cranes, 20 tons thru 44 tons with attachments; Crane-overhead, bridge type-20 tons through 44 tons; Chipper; Concrete Pump-truck mount with boom attachment; Crusher; Deck Engineer/Deck Winches (power) ; Drilling machine; Excavator, shovel, backhoe-3 yards and under; Finishing Machine, Bidwell, Gamacc and similar equipment; Guardrail punch; Horizontal/directional drill operator; Loaders-overhead under 6 yards; Loaders-plant feed; Locomotives-all; Mechanics-all; Mixers-asphalt plant; Motor patrol graders-finishing; Piledriver (other than crane mount) ; Roto-mill,roto-grinder; Screedman, spreader, topside operator-Blaw Knox, Cedar Rapids, Jaeger, Caterpillar, Barbar Green; Scraper-self propelled, hard tail end dump, articulating off-road equipment-under 45 yards, Subgrade trimmer; Tractors, backhoes-over 75 hp; Transfer material service machine-shuttle buggy, blaw knox-roadtec; Truck crane oiler/driver-100 tons and over; Truck Mount portable conveyor; Yo Yo Pay dozer GROUP 3 - Conveyors; Cranes-thru 19 tons with attachments; " http://frwebgate.access.gpo.gov/cgi-bin/getdoc.egi?dbname=Davis-Bacon&docid=WA200... 4/22/2005 WAIS Document Retrieval Page 13 of 3b A-frame crane over 10 tons; Drill oilers-auger type, truck or crane mount; Dozers-D-9 and under; Forklift-3000 lbs. and over with attachments; Horizontal/directional drill locator; Outside hoists-(elevators and manlifts) , air tuggers, strato tower bucket elevators; Hydralifts/boom trucks over 10 tons; Loader-elevating type, belt; Motor patrol grader-nonfinishing; Plant oiler- asphalt, crusher; Pumps-concrete; Roller, plant mix or multi-lift materials; Saws-concrete; Scrpers-concrete and carry-all; Service engineer-equipment; Trenching machines; Truck Crane Oiler/Driver under 100 tons; Tractors, backhoe 75 hp and under GROUP 4 - Assistant Engineer; Bobcat; Brooms; Compressor; Concrete finish mahine-laser screed; Cranes-A frame-10 tons and under; Elevator and Manlift-permanent or shaft type; Gradechecker, Stakehop; Forklifts under 3000 lbs. with attachments; Hydralifts/boom trucks, 10 tons and under; Oil distributors, blower distribution and mulch seeding operator; Pavement breaker; Posthole digger, mechanical; Power plant; Pumps, water; Rigger and Bellman; Roller-other than plant mix; Wheel Tractors, farmall type; Shotcrete/gunite equipment operator FOOTNOTE A- Reduced rates may be paid on the following: 1. Projects involving work on structures such as buildings and bridges whose total value is less than $1 5 million excluding mechanical, electrical, and utility portions of the contract. 2. Projects of less than $1 million where no building is involved. Surfacing and paving including, but utilities excluded. 3 . Marine projects (docks, wharfs, ect. ) less than $150, 000. HANDLING OF HAZARDOUS WASTE MATERIALS: Personnel in all craft classifications subject to working inside a federally designed hazardous perimeter shall be elgible for compensation in accordance with the following group schedule relative to the level of hazardous waste as outlined in the specific hazardous waste project site safety plan. H-1 Base wage rate when on a hazardous waste site when not outfitted with protective clothing. H-2 Class "C" Suit - Base wage rate plus $.25 per hour. H-3 Class "B" Suit - Base wage rate plus $. 50 per hour. H-4 Class "A" Suit - Base wage rate plus $ .75 per hour. ---------------------------------------------------------------- ENGI0370-008 08;30/2004 CHELAN (EAST OF THE 120TH MERIDIAN) COUNTY ZONE 1: Rates Fringes Power equipment operators: GROUP 1A. . . . . . . . . . . . . . . . . . .$ 20.84 7.62 GROUP I. . . . . . . . . . . . . . . . . . . . .$ 21.39 7.62 GROUP 2 . . . . . . . . . . . . . . . . . . . . .$ 21.71 7.62 GROUP 3 . . . . . . . . . . . . . . . . . . . . .$ 22.32 7.62 http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=W A200... 4/22/2005 WAIS Document Retrieval Page 14 of 36 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 22.48 7.62 GROUP 5. . . . . . . . . . . . . . . . . . . . .$ 22 .64 7.62 GROUP 6. . . . . . . . . . . . . . . . . . . . .$ 22 .92 7.62 GROUP 7. . . . . . . . . . . . . . . . . . . . .$ 23.19 7.62 GROUP 8. . . . . . . . . . . . . . . . . . . . .$ 24.29 7.62 ZONE DIFFERENTIAL (Add to Zone 1 rate) : Zone 2 - $2.00 Zone 1: Within 45 mile radius of Spokane, Moses Lake, Pasco, Washington; Lewiston, Idaho Zone 2 : Outside 45 mile radius of Spokane, Moses Lake, Pasco, Washington; Lewiston, Idaho POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP IA: Boat Operator; Crush Feeder; Oiler; Steam Cleaner GROUP 1: Bit Grinders; Bolt Threading Machine; Compressors (under 2000 CFM, gas, diesel, or electric power) ; Deck Hand; Drillers Helper (assist driller in making drill rod connections, service drill engine and air compressor, repair drill rig and drill tools; drive drill support truck to and on the job site, remove drill cuttings from around bore hole and inspect drill rig while in operation) ; Fireman & Heat Tender; Grade Checker; Hydro- seeder, Mulcher, Nozzleman; Oiler Driver, & Cable Tender, Mucking Machine; Pumpman; Rollers, all types on subgrade, including seal and chip coatings (farm type, Case, John Deere & similar, or Compacting Vibrator) , except when pulled by Dozer with operable blade; Welding Machine GROUP 2: A-frame Truck (single drum) ; Assistant Refrigeration Plant (under 1000 ton) ; Assistant Plant Operator, Fireman or Pugmixer (asphalt) ; Bagley or Stationary Scraper; Belt Finishing Machine; Blower Operator (cement) ; Cement Hog; Compressor (2000 CFM or over, 2 or more, gas diesel or electric power) ; Concrete Saw (multiple cut) ; Distributor Leverman; Ditch Witch or similar; Elevator Hoisting Materials; Dope Pots (power agitated) ; Fork Lift or Lumber I Stacker, hydra-lift & similar; Gin Trucks (pipeline) ; Hoist, single drum, Loaders (bucket elevators and conveyors) ; Longitudinal Float; Mixer (portable-concrete) ; Pavement Breaker, Hydra-Hammer & similar; Power Broom; Railroad Ballast Regulation Operator (self-propelled) ; Railroad Power Tamper Operator (self-propelled) ; Railroad Tamper Jack Operator (self-propelled; Spray Curing Machine (concrete) ; Spreader Box (self-propelled) ; Straddle Buggy (Ross & similar on construction job only) ; Tractor (Farm type R/T with attachment, excep� Backhoe) ; Tugger Operator GROUP 3 : A-frame Truck (2 or more drums) ; Assistant Refrigeration Plant & Chiller Operator (over 1000 ton) ; Backfillers (Cleveland & similar) ; Batch Plant & Wet Mix Operator, single unit (concrete) ; Belt-Crete Conveyors with power pack or similar; Belt Loader (Kocal or similar) ; Bending Machine; Bob Cat; Boring Machine (earth) ; Boring Machine (rock under 8 inch bit) (Quarry Master, Joy or similar) ; Bump Cutter (Wayne, Saginaw or similar) ; Canal Lining Machine (concrete) ; Chipper (without crane) ; http://frwebgate.access.gpo.gov/cgi-bin/getdoe.egi?dbname=Davis-Bacon&docid=WA200... 4/22/2005 WAIS Document Retneval - Page 15 of 36 Cleaning & Doping Machine (pipeline) ; Deck Engineer; Elevating Belt-type Loader (Euclid, Barber Green & similar) ; Elevating Grader-type Loader (Dumor, Adams or similar) ; Generator Plant Engineers (diesel or electric) ; Gunnite Combination Mixer & Compressor; Locomotive Engineer; Mixermobile; Mucking Machine; Posthole Auger or Punch; Pump (grout or jet) ; Soil Stabilizer (P & H or similar) ; Spreader Machine; Tractor (to D-6 or equivalent) and Traxcavator; Traverse Finish Machine; Turnhead Operator GROUP 4: Concrete Pumps (squeeze-Crete, flow-crete, pump-crete, Whitman & similar) ; Curb Extruder (asphalt or concrete) ; Drills (churn, core, calyx or diamond) (Operate drilling machine, drive or transport drill rig to and on job site and weld well casing) ; Equipment Serviceman, Greaser & Oiler; Hoist (2 or more drums or Tower Hoist) ; Loaders (overhead & front-end, under 4 yds. R/T) ; Refrigeration Plant Engineer (under 1000 ton) ; Rubber-tired Skidders (R/T with or without attachments) ; Surface Heater & Planer Machine; Trenching Machines (under 7 ft. depth capacity) ; Turnhead (with re-screening) ; Vacuum Drill (reverse circulation drill under 8 inch bit) GROUP 5: Backhoe (under 45, 000 gw) ; Backhoe and Hoe Ram (under 3/4 yd. ) ; Carrydeck & boom truck (under 25 tons) ; Cranes (25 tons & under) ,all attachments including clamshell, dragline) ; Derricks & Stifflegs (under 65 tons) ; Drilling Equipment (8 inch bit & over) (Robbins, reverse circulation & similar) (operates drill machine, drive or transport drill rig to and on job site and weld well casing) ; Hoe Ram; Piledriving Engineers; Paving (dual drum) ; Railroad Track Liner Operator(self-propelled) ; Refrigeration Plant Engineer (1000 tons & over) ; Signalman (Whirleys, Highline Hammerheads or similar) GROUP 6: Asphalt Plant Operator; Automatic Subgrader (Ditches & Trimmers) (Autograde, ABC, R.A. Hansen & similar on grade wire) , Backhoe (45, 000 gw and over to 110, 000 gw) , Backhoes & Hoe Ram (3/4 yd. to 3 yd. ) ; Batch Plant (over 4 units) ; Batch & Wet Mix Operator (multiple units, 2 & Incl. 4) ; Blade Operator (Motor Patrol & Attachments, Athey & Huber) ; Boom Cats (side) ; Cableway Controller (dispatcher) ; Clamshell Operator (under 3 yds. ) ; Compactor (self-propelled with blade) ; Concrete Pump Boom Truck; Concrete Slip Form Paver; Cranes (over 25 tons including 45 tons) , all attachments including clamshell, dragline; Crusher, Grizzle & Screening Plant Operator; Dozer, 834 R/T & similar; Draglines (under 3 yds. ) ; Drill Doctor; H.D.Mechanic; H.D. Welder; Loader Operator (front-end & overhead, 4 yds. incl 8 yds. ) , Multiple Dozer Units with single blade; Paving Machine (asphalt and concrete) ; Quad-Track or similar equipment; Rollerman (finishing asphalt pavement) ; Roto Mill (pavement grinder) ; Scrapers, all rubber-tired; Screed Operator; Shovel (under 3 yds. ) ; Tractors (D-6 & equilvalent & over) , Trenching Machines (7 ft. depth & over) ; Tug Boat Operator; Vactor Guzzler, super sucker GROUP 7: Backhoe (over 110, 000 gw) ; Backhoes & Hoe Ram (3 yds. & over ) ; Blade (finish & bluetop) , Automatic, CMI, http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=WA200... 4/22/2005 WAIS Document Retrieval Page 16 of 36 ABC, Finish Athey & Huber & similar when used as automatic; Cableway Operators; Clamshell Operator (3 yds. & over) ; Cranes (over 45 tons to but not including 85 tons) , all attachments including clamshell and dragline; Derricks & Stifflegs (65 tons & over) ; Draglines (3 yds. & over) ; Elevating Belt (Holland type) ; Heavy Equipment Robotics Operator; Loader (360 degrees revolving Koehring Scooper or similar) ; Loaders (overhead & front-end, over 8 yds. to 10 yds. ) ; Rubber-tired Scrapers (multiple engine with three or more scrapers) ; Shovels (3 yds. & over) ; Ultra High Pressure Wateriet Cutting Tool System Operator (30, 000 psi) ; Vacuum Blasting Machine Operator; Whirleys & Hammerheads, ALL GROUP 8: Cranes (85 tons and over, and all climbing, overhead, rail and tower) , Loaders (overhead and front-end, 10 yards and over) ; Helicopter Pilot BOOM PAY: (All Cranes, Including Tower 180 ft to 250 ft $.30 over scale Over 250 ft $ .60 over scale NOTE: In computing the length of the boom on Tower Cranes, they shall be measured from the base of the tower to the point of the boom. HAZMAT: Anyone working on HAZMAT jobs, working with supplied air shall receive $1.00 an hour above classification. ---------------------------------------------------------------- ENGI0612-002 06/01/2004 LEWIS, PIERCE, PACIFIC (portion lying north of a parallel line extending west from the northern boundary of Wahkaikum County to the sea) AND THURSTON COUNTIES ON PROJECTS DESCRIBED IN FOOTNOTE A BELOW, THE RATE FOR EACH GROUP SHALL BE 90% OF THE BASE RATE PLUS FULL FRINGE BENEFITS. ON ALL OTHER WORK, THE FOLLOWING RATES APPLY. Zone 1 (0-25 radius miles) : Rates Fringes Power equipment operators: GROUP 1A . . . . . . . . . . . . . . . . . .$ 30.61 10.25 GROUP 1AA. . . . . . . . . . . . . . . . .$ 31.15 10.25 GROUP 1AAA. . . . . . . . . . . . . . . . .$ 31 67 10.25 GROUP I. . . . . . . . . . . . . . . . . . . . .$ 30.09 10.25 GROUP 2 . . . . . . . . . . . . . . . . . . . . .$ 29.63 10.25 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 29.24 10.25 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 27.01 10.25 Zone Differential (Add to Zone 1 rates) : Zone 2 (26-45 radius miles) = $ .70 Zone 3 (Over 45 radius miles) - $1.00 BASEPOINTS: CENTRALIA, OLYMPIA, TACOMA POWER EQUIPMENT OPERATORS CLASSIFICATIONS nLUP://fTwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=WA200... 4/22/2005 WAIS Document Retrieval Page 17 of 36 1 GROUP 1 AAA - Cranes-over 300 tons or 300 ft of boom (including jib with attachments) GROUP 1AA - Cranes- 200 tcnsto 300 tons, or 250 ft of boom (including jib with attachments; Tower crane over 175 ft in height, bas to boom GROUP 1A - Cranes, 100 tons thru 199 tons, or 150 ft of boom (including Dib with attachments) ; Crane-overhead, bridge type, 100 tons and over; Tower crane up to 175 ft in height base to boom; Loaders-overhead, 8 yards and over; Shovels, excavator, backhoes-6 yards and over with attachments GROUP 1 - Cableway; Cranes 45 tons thru 99 tons under 150 ft of boom (including lib with attachments) ; Crane-overhead, bridge type, 45 tons thru 99 tons; Derricks on building work; Excavator, shovel, backhoes over 3 yards and under 6 yards; Hard tail end dump articulating off-road equipment 45 yards and over; Loader- overhead, 6 yards to, but not including, 8 yards; Mucking machine, mole, tunnel, drill and/or shield; Quad 9 HD 41, D-10; Remote control operator on rubber tired earth moving equipment; Rollagon; Scrapers- self-propelled 45 yards and over; Slipform pavers; Transporters, all track or truck type GROUP 2 - Barrier machine (zipper) ; Batch Plant Operator- concrete; Bump Cutter; Cranes, 20 tons thru 44 tons with attachments; Crane-Overhead, bridge type, 20 tons through 44 tons; Chipper; Concrete pump-truck mount with boom attachment; Crusher; Deck engineer/deck winches (power) ; Drilling machine; Excavator, shovel, backhoe-3 yards and under; Finishing machine, Bidwell, Gamaco and similar equipment; Guardrail punch; Loaders, overhead under 6 yards; Loaders-plant feed; Locomotives-all; Mechanics- all; Mixers, asphalt plant; Motor patrol graders, finishing; Piledriver (other than crane mount) ; Roto-mill, roto- grinder; Screedman, spreader, topside operator-Blaw Knox, Cedar Rapids, Jaeger, Caterpillar, Barbar Green; Scraper-self- propelled, hard tail end dump, articulating off-road equipment- under 45 yards; Subgrader trimmer; Tractors, backhoe over 75 hp; Transfer material service machine-shuttle buggy, Blaw Knox- Roadtec; Truck Crane oiler/driver-100 tons and over; Truck Mount Portable Conveyor; Yo Yo pay GROUP 3 - Conveyors; Cranes through 19 tons with attachments; Crane-A-frame over 10 tons; Drill oilers-auger type, truck or crane mount; Dozer-D-9 and under; Forklift-3000 lbs, and over with attachments; Horizontal/directional drill locator; Outside Hoists- (elevators and manlifts) , air tuggers, strato tower bucket elevators; Hydralifts/boom trucks over 10 tons; Loaders-elevating type, belt; Motor patrol grader-nonfinishing; Plant oiler- asphalt, crusher; Pump-Concrete; Roller, plant mix or multi-lfit materials; Saws-concrete; Scrapers, concrete and carry all; Service engineers-equipment; Trenching machines; Truck crane oiler/driver under 100 tons; Tractors, backhoe under 75 hp GROUP 4 - Assistant Engineer; Bobcat; Brooms; Compressor; nLLP://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=W A200... 4/22/2005 WAIS Document Retrieval Page 18 of 36 Concrete Finish Machine-laser screed; Cranes A-frame 10 tons and under; Elevator and manlift (permanent and shaft type) ; Forklifts-under 3000 lbs. with attachments; Gradechecker, stakehop, Hydralifts/boom trucks, 10 tons and under; Oil distributors, blower distribution and mulch seeding operator; Pavement breaker; Posthole digger-mechanical; Power plant; Pumps-water; Rigger and Bellman; Roller-other than plant mix; Wheel Tractors, farmall type; Shotcrete/gunite equipment operator FOOTNOTE A- Reduced rates may be paid on the following: 1. Projects involving work on structures such as buildings and bridges whose total value is less than $1.5 million excluding mechanical, electrical, and utility portions of the contract. 2. Projects of less than $1 million where no building is involved. Surfacing and paving included, but utilities excluded. 3 . Marine projects (docks, wharfs, etc. ) less than $150, 000. HANDLING OF HAZARDOUS WASTE MATERIALS: Personnel in all craft classifications subject to working inside a federally designated hazardous perimeter shall be elgible for compensation in accordance with the following group schedule relative to the level of hazardous waste as outlined in the specific hazardous waste project site safety plan. H-1 Base wage rate when on a hazardous waste site when not outfitted with protective clothing H-2 Class "C" Suit - Base wage rate plus $ .25 per hour. H-3 Class "B" Suit - Base wage rate plus $ .50 per hour. H-4 Class "A" Suit - Base wage rate plus $ .75 per hour. ---------------------------------------------------------------- ENGI0701-008 01/01/2005 PACIFIC (remaining portion) COUNTY Rates Fringes Power equipment operators: (See Footnote A) GROUP 1 . . . . . . . . . . . . . . . . . . . .$ 30.44 9.95 GROUP 1A. . . . . . . . . . . . . . . . . . . .$ 31.96 9.95 GROUP 1B. . . . . . . . . . . . . . . . . . . .$ 33.48 9.95 GROUP 2 . . . . . . . . . . . . . . . . . . . . .$ 29.14 9.95 GROUP 3 . . . . . . . . . . . . . . . . . . . . .$ 28.34 9.95 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 27.78 9.95 GROUP 5. . . . . . . . . . . . . . . . . . . . .$ 27 .15 9.95 GROUP 6. . . . . . . . . . . . . . . . . . . . .$ 24. 66 9.95 Zone Differential (add to Zone 1 rates) : Zone 2 - $1. 50 Zone 3 - 3.00 For the following metropolitan counties: MULTNOMAH; CLACKAMAS; MARION; WASHINGTON; YAMHILL; AND COLUMBIA; CLARK; AND COWLITZ COUNTY, WASHINGTON WITH MODIFICATIONS AS http://fT webgate.access.gpo.gov/cgi-bin/getdoc.egi?dbname=Davis-Bacon&doeid=WA200... 4/22/2005 WAIS Document Retrieval Page 19 of 36 INDICATED: All jobs or projects located in Multnomah, Clackamas and Marion Counties, West of the western boundary of Mt. Hood National Forest and West of Mile Post 30 on Interstate 84 and West of Mile Post 30 on State Highway 26 and West of Mile Post 30 on Highway 22 and all Sobs or projects located in Yamhill County, Washington County and Columbia County and all Dobs or porDects located in Clark & Cowlitz County, Washington except that portion of Cowlitz County in the Mt. St. Helens "Blast Zone" shall receive Zone I pay for all classifications. All jobs or projects located in the area outside the identified boundary above, but less than 50 miles from the Portland City Hall shall receive Zone II pay for all classifications. All jobs or projects located more than 50 miles from the Portland City Hall, but outside the identified border above, shall receive Zone III pay for all classifications. For the following cities: ALBANY; BEND; COOS BAY; EUGENE; GRANTS PASS; KLAMATH FALLS; MEDFORD; ROSEBURG All jobs or projects located within 30 miles of the respective city hall of the above mentioned cities shall receive Zone I pay for all classifications. All jobs or projects located more than 30 miles and less than 50 miles from the respective city hall of the above mentioned cities shall receive Zone II pay for all classifications. All jobs or projects located more than 50 miles from the respective city hall of the above mentioned cities shall receive Zone III pay for all classifications. POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: CONCRETE: Batch Plant and/or Wet Mix Operator, three units or more; CRANE: Helicopter Operator, when used in erecting work; Whirley Operator, 90 ton and over; 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; FLOATING EQUIPMENT: Floating Crane, 150 ton but less than 250 ton 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; FLOATING EQUIPMENT: Floating Crane 250 ton and over GROUP 1B: LATTICE BOOM CRANE: Operator, 300 tons through 399 tons with over 200 feet boom; Operator 400 tons and over; FLOATING EQUIPMENT: Floating Crane 350 ton and over GROUP 2: ASPHALT: Asphalt Plant Operator (any type) ; Roto http://frwebgate.access.gpo.gov/cgi-bin/getdoe.cgi'?dbname=Davis-Bacon&docid=WA200... 4/22/2005 WAIS Document Retrieval Page 20 of 36 Mill, pavement profiler, operator, 6 foot lateral cut and over; BLADE: Auto Grader or "Trimmer" (Grade Checker required) ; Blade Operator, Robotic; BULLDOZERS: Bulldozer operator over 120,000 lbs and above; Bulldozer operator, twin engine; Bulldozer Operator,tandem, quadnine, D10, D11, and similar type; Bulldozere Robotic Equipment (any type; CONCRETE: Batch Plant and/or Wet Mix Operator, one and two drum; Automatic Concrete Slip Form Paver Operator; Concrete Canal Line Operator; Concrete Profiler, Diamond Head; CRANE: Cableway Operator, 25 tons and over; HYDRAULIC CRANE: Hydraulic crane operator 90 tons through 199 tons (with luffing or tower attachment) ; TOWER/WHIRLEY OPERATOR: Tower Crane Operator; Whirley Operator, under 90 tons; LATTICE BOOM CRANE: 90 through 199 tons and/or 150 to 200 feet boom; CRUSHER: Crusher Plant Operator; FLOATING EQUIPMENT: Floating Clamshell, etc.operator, 3 cu. yds. and over; Floating Crane (derrick barge) Operator, 30 tons but less than 150 tons; LOADERS- Loader operator, 120, 000 lbs. and above; REMOTE CONTROL: Remote controlled earth-moving equipment; RUBBER-TIRED SCRAPERS: Rubber- tired scraper operator, with tandem scrapers, multi-engine; SHOVEL, DRAGLINE, CLAMSHELL, SKOOPER OPERATOR: Shovel, Dragline, Clamshell, operator 5 cu. yds and over; TRENCHING MACHINE: Wheel Excavator, under 750 cu. yds. per hour (Grade Oiler required) ; Canal Trimmer (Grade Oiler required) ; Wheel Excavator, over 750 cu. yds. per hour; Band Wagon (in con3unction with wheel excavator) ; UNDERWATER EQUIPMENT• Underwater Equipment Operator, remote or otherwise; HYDRAULIC HOES-EXCAVATOR: Excavator over 130, 000 lbs. 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 (with luffing or tower attachment) ; LATTICE BOOM CRANES: Lattice Boom Crane-50 through 89 tons (and less than 150 feet boom) ; FORKLIFT: Rock Hound Operator; HYDRAULIC HOES-EXCAVATOR: excavator over 80, 000 lbs. through 130, 000 lbs. ; LOADERS: Loader operator 60, 000 and less than 120, 000; RUBBER-TIRED SCRAPERS: Scraper Operator, with tandem scrapers; Self-loading, paddle wheel, auger type, finish and/or 2 or more units; SHOVEL, DRAGLINE, CLAMSHELL, SKOOPER OPERATOR: Shovel, Dragline, Clamshell operators 3 cu. yds. but less than 5 cu yds. GROUP 4: ASPHALT: Screed Operator; Asphalt Paver operator (screeman required) ; BLADE: Blade operator; Blade operator, finish; Blade operator, externally controlled by electronic, mechanical hydraulic means; Blade operator, multi-engine; BULLDOZERS: Bulldozer Operator over 20, 000 lbs and more than 100 horse up to 70, 000 lbs; Drill Cat Operator; Side-boom Operator; Cable-Plow Operator (any type) ; CLEARING: Log Skidders; Chippers; Incinerator; Stump Splitter (loader mounted or similar type) ; Stump Grinder (loader mounted or similar type; Tub Grinder; Land Clearing Machine (Track mounted forestry mowing & grinding machine) ; Hydro Axe (loader mounted or similar type) , COMPACTORS SELF-PROPELLED: Compactor Operator, with blade; Compactor Operator, multi-engine; Compactor Operator, robotic; CONCRETE: Mixer Mobile Operator; Screed Operator; Concrete http://f 7webgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=WA200... 4/22/2005 WAIS Document Retrieval Page 21 of 36 Cooling Machine Operator; Concrete Paving Road Mixer; Concrete Breaker; Reinforced Tank Banding Machine (K-17 or similar types) ; Laser Screed; CRANE: Chicago boom and similar types; Lift Slab Machine Operator; Boom type lifting device, 5 ton capacity or less; Hoist Operator, two (2) drum; Hoist Operator, three (3) or more drums; Derrick Operator, under 100 ton; Hoist Operator, stiff leg, guy derrick or similar type, 50 ton and over; Cableway Operator up to twenty (25) ton; Bridge Crane Operator, Locomotive, Gantry, Overhead; Cherry Picker or similar type crane; Carry Deck Operator; Hydraulic Crane Operator, under 50 tons; LATTICE BOOM CRANE OPERATOR: Lattice Boom Crane Operator, under 50 tons; CRUSHER: Generator Operator; Diesel-Electric Engineer; Grizzley Operator; Drill Doctor; Boring Machine Operator, Driller-Percussion, Diamond, Core, Cable, Rotary and similar type; Cat Drill (John Henry) ; Directional Drill Operator over 20, 000 lbs pullback; FLOATING EQUIPMENT: Diesel-electric Engineer; Jack Operator, elevating barges, Barge Operator, self- unloading, Piledriver Operator (not crane type) (Deckhand required) ; Floating Clamshelll, etc. Operator, under 3 cu. yds. (Fireman or Diesel-Electric Engineer required) ; Floating Crane (derrick barge) Operator, less than 30 tons; GENERATORS: Generator Operator; Diesel-electric Engineer; GUARDRAIL EQUIPMENT: Guardrail Punch Operator (all types) ; Guardrail Auger Operator (all types) ; Combination Guardrail machines, i.e. , punch auger, etc. ; HEATING PLANT: Surface Heater and Planer Operator; 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: Belt Loaders, Kolman and Ko Cal types; Loaders Operator, front end and overhead, 25, 000 lbs and less than 60, 000 lbs; Elevating Grader Operator by Tractor operator, Sierra, Euclid or similar types; PILEDRIVERS: Hammer Operator; Piledriver Operator (not crane type) ; PIPELINE, SEWER WATER: Pipe Cleaning Machine Operator; Pipe Doping Machine Operator; Pipe Bending Machine Operator; Pipe Wrapping Machine Operator; Boring Machine Operator; Back Filling Machine Operator; REMOTE CONTROL: Concrete Cleaning Decontamination Machine Operator; Ultra High Pressure Water Jet Cutting Tool System Operator/Mechanic; Vacuum Blasting Machine Operator/mechanic; REPAIRMEN, HEAVY DUTY: Diesel Electric Engineer (Plant or Floating; Bolt Threading Machine operator; Drill Doctor (Bit Grinder) ; H.D. Mechanic; Machine Tool Operator; RUBBER-TIRED SCRAPERS. Rubber-tired Scraper Operator, single engine, single scraper; Self-loading, paddle wheel, auger type under 15 CU. yds. ; Rubber-tired Scraper Operator, twin engine; Rubber-tired Scraper Operator, with push- ull attachments; Self Loading, paddle wheel, auger type 15 cu yds. and over, single engine; Water pulls, water wagons; SHOVEL, DRAGLINE, CLAMSHELL, SKOOPER OPERATOR: Diesel Electric Engineer; Stationay Drag Scraper Operator; Shovel, Dragline, Clamshell, Operator under 3 cy yds. ; Grade-all Operator; SURFACE (BASE) MATERIAL: Blade mounted spreaders, Ulrich and similar types; TRACTOR-RUBBERED TIRED: Tractor operator, rubber-tired, over 50 hp flywheel; Tractor operator, with boom attachment; Rubber-tired dozers and pushers (Michigan, Cat, Hough type) ; Skip Loader, Drag Box; http://frwebgate.access.gpo.gov/cgi-bin/getdoc.egi?dbname=Davis-Bacon&docid=WA200... 4/22/2005 WAIS Document Retneval Page 22 of 36 TRENCHING MACHINE: Trenching Machine operator, digging capacity over 3 ft depth, Back filling machine operator; TUNNEL: Mucking machine operator GROUP 5: ASPHALT: Extrusion Machine Operator; Roller Operator (any asphalt mix) ; Asphalt Burner and Reconditioner Operator (any type) ; Roto-Mill, pavement profiler, ground man; BULLDOZERS: Bulldozer operator, 20, 000 lbs. or less or 100 horse or less; COMPRESSORS: Compressor Operator (any power) , over 1,250 cu. ft. total capacity; COMPACTORS: Compactor Operator, including vibratory; Wagner Pactor Operator or similar type (without blade) ; CONCRETE: Combination mixer and Compressor Operator, gunite work; Concrete Batch Plant Quality Control Operator; Beltcrete Operator; Pumperete Operator (any type) ; Pavement Grinder and/or Grooving Machine Operator (riding type) ; Cement Pump Operator, Fuller-Kenyon and similar; Concrete Pump Operator; Grouting Machine Operator; Concrete mixer operator, single drum, under (5) bag capacity; Cast in place pipe laying machine; maginnis Internal Full slab vibrator operator; Concrete finishing mahine operator, Clary, Johnson, Bidwell, Burgess Bridge deck or similar type; Curb Machine Operator, mechanical Berm, Curb and/or Curb and Gutter; Concrete Joint Machine Operator; Concrete Planer Operator; Tower Mobile Operator; Power Jumbo Operator setting slip forms in tunnels; Slip Form Pumps, power driven hydraulic lifting device for concrete forms; Concrete Paving Machine Operator; Concrete Finishing Machine Operator; Concrete Spreader Operator; CRANE: Helicopter Hoist Operator; Hoist Operator, single drum; Elevator Operator; A-frame Truck Operator, Double drum; Boom Truck Operator; HYDRAULIC CRANE OPERATOR: Hydraulic Boom Truck, Pittman; DRILLING: Churm Drill and Earth Boring Machine Operator; Vacuum Truck; Directional Drill Operator over 20, 000 lbs pullback; FLOATING EQUIPMENT: Fireman, FORKLIFT: Fork Lift, over 10 ton and/or robotic; 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; Elevating Grader Operator, Tractor Towed requiring Operator or Grader; Elevating loader operator, Athey and similar types; OILERS: Service oiler (Greaser) ; PIPELINE-SEWER WATER: Hydra hammer or simialr types; Pavement Breaker Operator; PUMPS: Pump Operator, more than 5 (any size) ; Pot Rammer Operator; RAILROAD EQUIPMENT: Locomotive Operator, under 40 tons; Ballast Regulator Operator; Ballast Tamper Multi-Purpose Operator; Track Liner Operator; Tie Spacer Operator; Shuttle Car Operator; Locomotive Operator, 40 tons and over; MATERIAL HAULRS: Cat wagon DJBs Volvo similar types, Conveyored material hauler; SURFACING (BASE) MATERIAL: Rock Spreaders, self-propelled; Pulva-mixer or similar types; Chiip Spreading machine operator; Lime spreading operator, construction Dob siter; SWEEPERS Sweeper operator (Wayne type) self-propelled construction Dob site; TRACTOR-RUBBER TIRED. Tractor operator, rubber-tired, 50 hp flywheel and under; Trenching machine operator, maximum digging capacity 3 ft depth; TUNNEL: Dinkey http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=WA200... 4/22/2005 WAIS Document Retrieval Page 23 of 36 GROUP 6: ASPHALT: Plant Oiler; Plant Fireman; Pugmill Operator (any type) ; Truck mounted asphalt spreader, with screed; COMPRESSORS: Compressor Operator (any power) , under 1,250 cu. ft. total capacity; CONCRETE: Plant Oiler, Assistant Conveyor Operator; Conveyor Operator; Mixer Box Operator (C.T.B , dry batch, etc. ) ; Cement Hog Operator; Concrete Saw Operator; Concrete Curing Machine Operator (riding type) ; Wire Mat or Brooming Machine Operator; CRANE: Oiler; Fireman, all equipment; Truck Crane Oiler Driver; A-frame Truck Operator, single drum; Tugger or Coffin Type Hoist Operator; CRUSHER: Crusher Oiler; Crusher Feederman, CRUSHER: Crusher oiler; Crusher feederman; DRILLING: Drill Tender; Auger Oiler; FLOATING EQUIPMENT: Deckhand; Boatman; FORKLIFT: Self-propelled Scaffolding Operator, construction job site (exclduing working platform) ; Fork Lift or Lumber Stacker Operator, construction Sob site; Ross Carrier Operator, construction ]ob site; Lull Hi-Lift Operator or Similar Type; GUARDRAIL EQUIPMENT: Oiler; Auger Oiler; Oiler, combination guardrail machines; Guardrail Punch Oiler; HEATING PLANT: Temporary Heating Plant Operator; LOADERS: Bobcat, skid steer (less than 1 cu yd. ) ; Bucket Elevator Loader Operator, BarberGreene and similar types; OILERS: Oiler; Guardrail Punch Oiler; Truck Crane Oiler-Driver; Auger Oiler; Grade Oiler, required to check grade; Grade Checker; Rigger; PIPELINE-SEWER WATER: Tar Pot Fireman; Tar Pot Fireman (power agitated) ; PUMPS: Pump Operator (any power) ; Hydrostatic Pump Operator; RAILROAD EQUIPMENT: Brakeman; Oiler; Switchman; Motorman; Ballast Jack Tamper Operator; SHOVEL, DRAGLINE, CLAMSHELL, SKOOPER, ETC. OPERATOR- Oiler, Grade Oiler (required to check grade) ; Grade Checker; Fireman; SWEEPER: Broom operator, self propelled, construction job site; SURFACING (BASE) MATERIAL: Roller Operator, grading of base rock (not asphalt) ; Tamping Machine operartor, mechanical, self-propelled, Hydrographic Seeder Machine Operator; TRENCHING MACHINE: Oiler; Grade Oiler; TUNNEL: Conveyor operator; Air filtration equipment operator ---------------------------------------------------------------- IRON0086-001 07/01/2004 CHELAN AND KITTITAS COUNTIES Rates Fringes Ironworker. . . . . . . . . . . . . . . . . . . . .$ 28.02 13.30 ---------------------------------------------------------------- IRON0086-003 07/01/2004 CALLAM,GRAYS HARBOR, JEFFERSON, KING,KITSAP, LEWIS, MASON, PACIFIC, PIERCE, SNOHOMISH AND THURSTON COUNTIES Rates Fringes Ironworker. . . . . . . . . . . . . . . . . . . . .$ 29.82 13.30 ---------------------------------------------------------------- LAB00001-003 06/01/2004 Rates Fringes 1 http://frwebgate.access.gpo.gov/cgi-bin/getdoe.cgi?dbname=Davis-Bacon&doci d=WA200... 4/22/2005 WAIS Document Retrieval Page 24 of 36 Laborers: CHELAN AND KITTITAS COUNTIES ZONE 1: GROUP I. . . . . . . . . . . . . . . . . . . .$ 14.70 7.70 GROUP 2. . . . . . . . . . . . . . . . . . . .$ 17.02 7.70 GROUP 3. . . . . . . . . . . . . . . . . . . .$ 18.74 7.70 GROUP 4. . . . . . . . . . . . . . . . . . . .$ 19.22 7.70 GROUP 5. . . . . . . . . . . . . . . . . . . .$ 19.58 7.70 CLALLAM, GRAYS HARBOR, JEFFERSON, KING, KITSAP, LEWIS, MASON, PACIFIC (North of a straight line made by extending the north boundary of Wahkiakum County west to the Pacific Ocean) , PIERCE, SNOHOMISH AND THURSTON COUNTIES ZONE 1: GROUP 1. . . . . . . . . . . . . . . . . . . .$ 19.96 7.70 GROUP 2. . . . . . . . . . . . . . . . . . . .$ 20.28 7.70 GROUP 3. . . . . . . . . . . . . . . . . . . .$ 24.96 7 .70 GROUP 4. . . . . . . . . . . . . . . . . . . .$ 25.44 7.70 GROUP 5. . . . . . . . . . . . . . . . . . . .$ 25.80 7.70 ZONE DIFFERENTIAL (ADD TO ZONE 1 RATES) : ZONE 2 - $ .70 ZONE 3 - $1.00 BASE POINTS• CHELAN, SUNNYSIDE, WENATCHEE, AND YAKIMA ZONE 1 - Projects within 25 radius miles of the respective city hall ZONE 2 - More than 25 but less than 45 radius miles from the respective city hall ZONE 3 - More than 45 radius miles from the respective city hall BASE POINTS: BELLINGHAM, MT. VERNON, EVERETT, SEATTLE, KENT, TACOMA, OLYMPIA, CENTRALIA, ABERDEEN, SHELTON, PT. TOWNSEND, PT. ANGELES, AND BREMERTON ZONE 1 - Projects within 25 radius miles of the respective city hall ZONE 2 - More than 25 but less than 45 radius miles from the respective city hall ZONE 3 - More than 45 radius miles from the respective city hall LABORERS CLASSIFICATIONS GROUP 1: Landscaping and Planting; Watchman; Window Washer/Cleaner (detail clean-up, such as but not limited to cleaning floors, ceilings, walls, windows, etc. , prior to final acceptance by the owner) GROUP 2: Batch Weighman; Crusher Feeder; Fence Laborer; Flagman; Pilot Car GROUP 3: General Laborer; Air, Gas, or Electric Vibrating Screed; Asbestos Abatement Laborer; Ballast Regulator Machine; Brush Cutter; Brush Hog Feeder; Burner; Carpenter Tender; Cement Finisher Tender; Change House or Dry Shack; http://frwebgate.access.gpo.gov/cgi-bin/getdoe.egi?dbname=Davis-Bacon&docid=W A200... 4/22/2005 WAIS Document Retrieval Page 25 of 36 Chipping Gun (under 30 lbs. ) ; Choker Setter; Chuck Tender; Clean-up Laborer; Concrete Form Stripper; Curing Laborer; Demolition (wrecking and moving including charred material) ; Ditch Digger; Dump Person; Fine Graders; Firewatch; Form Setter; Gabian Basket Builders; Grout Machine Tender; Grinders; Guardrail Erector; Hazardous Waste Worker (Level C) ; Maintenance Person; Material Yard Person; Pot Tender; Rip Rap Person; Riggers; Scale Person; Sloper Sprayer; Signal Person; Stock Piler; Stake Hopper; Toolroom Man (at job site) ; Topper-Tailer; Track Laborer; Truck Spotter; Vinyl Seamer GROUP 4: Cement Dumper-Paving; Chipping Gun (over 30 lbs. ) ; Clary Power Spreader; Concrete Dumper/Chute Operator; Concrete Saw Operator; Drill Operator (hydraulic, diamond, aiartrac) ; Faller and Bucker Chain Saw; Grade Checker and Transit Person; Groutmen (pressure) including post tension beams; Hazardous Waste Worker (Level B) ; High Scaler; Jackhammer; Laserbeam Operator; Manhole Builder-Mudman; ; Mortarman and Hodcarrier; Nozzleman (concrete pump, green cutter when using combination of high pressure air and water on concrete and rock, sandblast, gunite, shotcrete, water blaster, vacuum blaster) ; Pavement Breaker; Pipe Layer and Caulker; Pipe Pot Tender; Pipe Reliner (not insert type) ; Pipe Wrapper; Power Jacks; Railroad Spike Puller-Power; Raker-Asphalt; Rivet Buster; Rodder, Sloper (over 20 ft) ; Spreader (concrete) ; Tamper and Similar electric, air and glas operated tool; Timber Person-sewer (lagger shorer and cribber) ; Track Liner Power; Tugger Operator; Vibrator; Well Point Laborer GROUP 5: Caisson Worker; Miner; Powderman; Re-Timberman; Hazardous Waste Worker (Level A) . ---------------------------------------------------------------- LAB00238-008 06/01/2004 CHELAN COUNTY Rates Fringes Hod Carrier. . . . . . . . . . . . . . . . . . .$ 21.05 6.80 ---------------------------------------------------------------- LAB00335-003 06/01/2004 PACIFIC (South of a straight line made by extending the north Boundary line of Wahkiakum County west to the Pacific Ocean) COUNTY it Rates Fringes Laborers: ZONE 1: GROUP 1. . . . . . . . . . . . . . . . . . . .$ 23.73 7.50 GROUP 2. . . . . . . . . . . . . . . . . . . .$ 24.27 7.50 GROUP 3. . . . . . . . . . . . . . . . . . . .$ 24.68 7.50 GROUP 4. . . . . . . . . . . . . . . . . . . .$ 25.03 7.50 GROUP 5. . . . . . . . . . . . . . . . . . . .$ 21.44 7.50 GROUP 6. . . . . . . . . . . . . . . . . . . .$ 19,22 7.50 GROUP 7. . . . . . . . . . . . . . . . . . . .$ 16.30 7 .50 http://frwebgate.access.gpo.gov/cgi-bin/getdoc,egi?dbname=Davis-Bacon&docid=W A200... 4/22/2005 WAIS Document Retrieval Page 26 of 36 LABORERS CLASSIFICATIONS GROUP 1: Asphalt Plant Laborers; Asphalt Spreaders; Batch Weighman; Broomers; Brush Burners and Cutters; Car and Truck Loaders; Carpenter Tender; Change-House Man or Dry Shack Man; Choker Setter; Clean-up Laborers; Curing-concrete; Demolition, Wrecking, and Moving Laborers; Dumpers, road oiling crew; Dumpmen (for grading crew) ; Elevator Feeders; Guard Rail, Median Rail, Reference Post, Guide Post, Right-of-way Marker; Fine Graders; Fire Watch; Form Strippers (not swinging stages) ; General Laborers; Hazardous Waste Worker; Leverman or Aggregate Spreader (Flaherty and similar types) ; Loading Spotters; Material Yard Man (including electrical) ; Pittsburgh Chipper Operator or similar types; Railroad Track Laborers; Ribbon Setters (including steel forms) ; Rip Rap Man (hand placed) ; Road Pump Tender; Sewer Laborer; Signalman; Skipman, Slopers; Spraymen; Stake Chaser; Stockpiler; Tie Back Shoring; Timber Faller and Bucker (hand labor) ; Toolroom Man (at job site) ; Tunnel Bullgang (above ground) ; Weight-Man-Crusher (aggregate when used) GROUP 2: Applicator (including pot power tender for same) , applying protective material by hand or nozzle on utility lines or storage tanks on proDect; Brush (power saw) ; Burners, Choker Splicer; Clary Power Spreader and similar types; Clean up-nozzleman-Green cutter (concrete, rock, etc.) ; Concrete Laborer; Concrete Power Buggyman; Crusher Feeder; Demolition and Wrecking Charred Materials; Gunite Nozzleman Tender; Gunite or Sand Blasting Pot Tender; Handlers or Mixers of all Materials of an irritating nature (including cement and lime) ; Pipe Doping & Wrapping, Tool Operators (includes but not limited to: Dry pack machine, Jackhammer, Chipping guns, Paving breakers) ; Post Hole Digger, air, gas or electric; Vibrating Screed; Tampers; Sand Blasting (wet) ; Stake-Setter; Tunnel-Muckers, Brakemen, Concrete Crew, Bull gang (Underground) GROUP 3: Asbestos Removal (structural removal only) ; Bit Grinder; Drill Doctor; Drill Operators, air tracks cat drills, wagon drills, rubber-mounted drills, and other similar types; Concrete Saw Operator; Gunite Nozzleman; Hiah scalers, strippers and drillers (covers work an swinging stages, chairs or belts, under extreme conditions unusual to normal drilling, blasting, barring-down, or sloping and stripping) ; Manhole Builder; Powdermen; Power Saw Operators (Bucking and Falling) ; Pumperete Nozzlemen; Sand Blasting (dry) ; Sewer Timberman, Track Liners; Anchor Machines; Ballast Regulators; Multiple Tampers; Power Jacks; Tugger Operator; Tunnel-Chuck Tenders, Nippers and Timbermen, Vibrator; Water Blaster GROUP 4: Asphalt Raker; Concrete Saw Operator (walls) ; Concrete Nozzelman; Grade Checker; Pipelayer; Laser Beam (Tunnel) applicable when assigned to move, set up, align laser beam; Miner-Tunnel; Motorman-dinky Locomotive-Tunnel; Powderman-Tunnel; Shield Operator-Tunnel GROUP 5: Traffic Flaggers http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=WA200... 4/22/2005 WAIS Document Retrieval Page 27 of 36 GROUP 6: Fence Builders GROUP 7: Landscaping and Planting Laborers ZONE DIFFERENTIAL (ADD TO ZONE 1 RATES) : ZONE 2 - $0. 65 ZONE 3 - 1.15 ZONE 4 - 1.70 ZONE 5 - 2.75 ZONE DEFINITIONS BASE POINTS: GOLDENDALE, LONGVIEW, AND VANCOUVER ZONE 1: Projects within 30 miles of the respective city hall ZONE 2: More than 30 miles but less than 40 miles from the respective city hall. ZONE 3 • More than 40 miles but less than 50 miles from the respective city hall. ZONE 4: More than 50 miles but less than 80 miles from the respective city hall. ZONE 5: More than 80 miles from the respective city hall. ---------------------------------------------------------------- LABOD335-009 06/01/2004 PACIFIC(south of a straight line made by extending the north boundary of Wahkiakum County west to the Pacific Ocean) Rates Fringes Hod Carrier. . . . . . . . . . . . . . . . . . . .$ 25.49 7.50 ---------------------------------------------------------------- PAIN0005-001 03/01/2004 CLALLAM, GRAYS HARBOR, JEFFERSON, KING, KITSAP, LEWIS, MASON, PIERCE, SNOHOMISH AND THURSTON COUNTIES Rates Fringes Painter. . . . . . . . . . . . . . . . . . . . . . . .$ 24.36 6.41 ---------------------------------------------------------------- PAIN0005-003 06/10/2D04 CLALLAM, GRAYS HARBOR, JEFFERSON, KING, KITSAP, LEWIS, MASON, PIERCE, SNOHOMISH AND THURSTON COUNTIES Rates Fringes Drywall Finisher. . . . . . . . . . . . . . .$ 27.33 12 11 ---------------------------------------------------------------- PAIN0005-007 07/01/2004 CHELAN AND KITTITAS COUNTIES 1 Rates Fringes Painters: BRUSH, PAPERHANGER, STEAM- CLEANING, STRIPING and SPRAY$ 18.89 6.43 http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=WA200... 4/2 2/2005 WAIS Document Retrieval Page 28 of 36 TV, RADIO, ELECTRICAL TRANSMISSION TOWERS. . . . . . . . .$ 20.64 6.43 ---------------------------------------------------------------- PAIN0005-013 01/01/2005 CALLAM, GRAYS HARBOR, JEFFERSON, LEWIS, MASON, PACIFIC (NORTHERN PORTION) , PIERCE AND THURSTON COUNTIES Rates Fringes Soft Floor Layer. . . . . . . . . . . . . . .$ 22 .20 9.18 ---------------------------------------------------------------- PAIN0054-003 07/01/2004 CHELAN AND KITTITAS COUNTIES Rates Fringes Drywall Finisher (TAPER) . . . . . . .$ 20.69 7.15 ---------------------------------------------------------------- PAIN0054-008 10/01/2004 CHELAN AND KITTITAS COUNTIES Rates Fringes Glazier. . . . . . . . . . . . . . . . . . . . . . . .$ 17 .77 5.47 ---------------------------------------------------------------- PAIN0054-011 10/01/2004 Rates Fringes Carpet, Linoleum & Soft Tile New construction, alteration and repair of one (1) story building with floor spaces not to exceed 12 feet in width. . . . .$ 15.00 5.07 All other work. . . . . . . . . . . . . .$ 15.00 5. 07 ---------------------------------------------------------------- PAIN0055-008 07/01/2004 PACIFIC COUNTY Rates Fringes Drywall Finisher. . . . . . . . . . . . . . .$ 27.28 10.38 ---------------------------------------------------------------- PAIN0055-009 07/01/2003 PACIFIC COUNTY Rates Fringes Painters: Brush & Roller . . . . . . . . . . . .$ 17.61 6.12 High work - All work 60 ft. or higher. . . . . . . . . . . . . . .5 18.36 6.12 Spray and Sandblasting. . . . . .$ 18.21 6.12 ---------------------------------------------------------------- http://frwebgate access.gpo.gov/cgi-bin/getdoc.egi?dbname=Davis-Bacon&docid=WA200 .. 4/22/2005 WAIS Document Retrieval Page 29 of 36 PAIN0188-001 07/01/2004 CLALLAM, JEFFERSON, KING, KITSAP, LEWIS, MASON, PIERCE, SNOHOMISH, THURSTON COUNTIES Rates Fringes Glazier. . . . . . . . . . . . . . . . . . . . . . . .$ 28.87 11.09 ---------------------------------------------------------------- PAIN0188-002 07/01/2004 GRAYS HARBOR AND PACIFIC COUNTIES Rates Fringes Glazier. . . . . . . . . . . . . . . . . . . . . . . .$ 12 .65 8.87 ---------------------------------------------------------------- PAIN1238-001 07/01/2004 KING, KITSAP AND SNOHOMISH COUNTIES Rates Fringes Soft Floor Layer. . . . . . . . . . . . . . .$ 23 .02 9.32 ---------------------------------------------------------------- PLAS0072-002 07/01/2004 CHELAN AND KITTITAS COUNTIES Zone 1: Rates Fringes Cement Mason. . . . . . . . . . . . . . . . . . .$ 22.66 7 .28 Zone Differential (Add to Zone 1 rates) : Zone 2 - $2.00 BASE POINTS: Spokane, Pasco, Moses Lake, and Lewiston Zone 1: 0 - 45 radius miles from the main post office Zone 2: 45 radius miles from the main post office ---------------------------------------------------------------- PLAS0082-003 06/01/2004 PACIFIC (South of a straight line made by extending the north boundary line of Wahkiakum County west to the Pacific Ocean) COUNTY Rates Fringes Plasterer. . . . . . . . . . . . . . . . . . . . . .$ 26.49 8.28 ---------------------------------------------------------------- PLAS0528-002 06/01/2004 CLALLAM, GRAYS HARBOR, JEFFERSON, KING, KITSAP, LEWIS, MASON, PACIFIC (North of a straight line made by extending the north boundary line of Wahkiakum Count, west to the Pacific Ocean) , PIERCE, SNOHOMISH AND THURSTON COUNTIES Rates Fringes http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid—WA200... 4/22/2005 WAIS Document Retrieval Page 30 of 36 1 Cement Mason. . . . . . . . . . . . . . . . . . .$ 29.14 10.87 ---------------------------------------------------------------- PLUM0032-001 01/01/2005 CHELAN AND KITTITAS (NORTHERN TIP) COUNTIES Rates Fringes Plumbers and Pipefitters. . . . . . .$ 25.99 12.78 ---------------------------------------------------------------- PLUM0032-002 01/01/2005 CLALLAM, KING AND JEFFERSON COUNTIES Rates Fringes Plumbers and Pipefitters. . . . . . .$ 35.63 15.43 ---------------------------------------------------------------- PLUM0265-001 01/01/2005 SNOHOMISH COUNTY Rates Fringes Plumbers and Pipefitters. . . . . . .$ 31.80 13 .77 ---------------------------------------------------------------- PLUM0598-002 06/01/2004 KITTITAS (ALL BUT NORTHERN TIP) Rates Fringes Plumbers and Pipefitters. . . . . . .$ 31.57 15.25 ---------------------------------------------------------------- PLUM0631-001 01/01/2005 MASON (NE SECTION) , AND KITSAP COUNTIES Rates Fringes Plumbers and Pipefitters All new construction, additions, and remodeling of commercial building projects such as: cocktail lounges and taverns, professional buildings, medical clinics, retail stores, hotels and motels, restaurants and fast food types, gasoline service stations, and car washes where the plumbing and mechanical cost of the project is less than $100, 000. . . . . . . . . . . . . . . . . . . .$ 21.45 5.18 All other work where the plumbing and mechanical cost of the project is http://frwebgate.access.gpo.gov/cgi-bin/getdoe cgi9dbname=Davis-Bacon&docid=WA200... 4/22/2005 WAIS Document Retrieval Page 31 of 36 $100, 000 and over. . . . . . . . . . .$ 30.99 13.77 ---------------------------------------------------------------- ROOF0054-001 06/01/2004 CLALLAM, JEFFERSON, KING, KITSAP, MASON AND SNOHOMISH COUNTIES Rates Fringes Roofer (including Built Up, Composition and Single Ply) . . . .$ 25.62 8.91 ---------------------------------------------------------------- * ROOF0153-001 01/Dl/2005 GRAYS HARBOR, LEWIS, PACIFIC, PIERCE AND THURSTON COUNTIES Rates Fringes Roofer (including Built Up, Composition and Single Ply) . . . .$ 25.65 7.64 ---------------------------------------------------------------- ROOF0189-001 D7/01/2004 CHELAN COUNTY Rates Fringes Roofer (including Built Up, Composition and Single Ply) . . . .$ 20.36 6.95 ---------------------------------------------------------------- ROOF0189-004 07/01/2004 KITTITAS COUNTY Rates Fringes Roofer (including Built Up, Composition and Single Ply) . . . .$ 21.30 6.20 ---------------------------------------------------------------- SFWA0699-001 07/D1/2004 KING, KITSAP, PIERCE, SNOHOMISH AND THURSTON COUNTIES Rates Fringes Sprinkler Fitter. . . . . . . . . . . . . . .$ 34.34 13.90 ---------------------------------------------------------------- SHEE0066-004 02/01/2D05 CLALLAM, GRAYS HARBOR, JEFFERSON, KING, KITSAP, LEWIS, MASON, PACIFIC, PIERCE, SNOHOMISH AND THURSTON COUNTIES Rates Fringes Sheet Metal Worker. . . . . . . . . . . . .$ 32.35 14.78 ---------------------------------------------------------------- SHEE0066-010 07/01/2004 KITTITAS COUNTY Rates Fringes http://f webgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=WA200... 4/22/2005 WAIS Document Retrieval Page 32 of 36 Sheet Metal Worker. . . . . . . . . . . . .$ 25.26 11.83 ---------------------------------------------------------------- TEAM0174-002 06/01/2004 CLALLAM, GRAYS HARBOR, JEFFERSON, KING, KITSAP, LEWIS, MASON, PACIFIC (North of a straight line made by extending the north boundary line of Wahkiakum County west to the Pacific Ocean) , PIERCE, SNOHOMISH AND THURSTON COUNTIES Rates Fringes Truck drivers: ZONE A: GROUP 1: . . . . . . . . . . . . . . . . . . .$ 26.39 11.08 GROUP 2: . . . . . . . . . . . . . . . . . . .$ 25. 81 11.08 GROUP 3 : . . . . . . . . . . . . . . . . . . .$ 23.41 11.08 GROUP 4: . . . . . . . . . . . . . . . . . . .$ 19.16 11.08 GROUP 5: . . . . . . . . . . . . . . . . . . .$ 26.15 11.08 ZONE B (25-45 miles from center of listed cities*) : Add $.70 per hour to Zone A rates. ZONE C (over 45 miles from centr of listed cities*) : Add $1.00 per hour to Zone A rates. *Zone pay will be calculated from the city center of the following listed cities: BELLINGHAM CENTRALIA RAYMOND OLYMPIA EVERETT SHELTON ANACORTES BELLEVUE SEATTLE PORT ANGELES MT. VERNON KENT TACOMA PORT TOWNSEND ABERDEEN BREMERTON TRUCK DRIVERS CLASSIFICATIONS GROUP 1 -"A-frame or Hydralift' trucks and Boom trucks or similar equipment when "A" frame or "Hydralift" and Boom truck or similar equipment is used; Buggymobile; Bulk Cement Tanker; Dumpsters and similar equipment, Tournorockers, Tournowagon, Tournotrailer, Cat DW series, Terra Cobra, Le Tourneau, Westinghouse, Athye Wagon, Eucid Two and Four-Wheeled power tractor with trailer and similar top-loaded equipment transporting material: Dump Trucks, side, end and bottom dump, including semi-trucks and trains or combinations thereof with 16 yards to 30 yards capacity: Over 30 yards $ .15 per hour additional for each 10 yard increment; Explosive Truck (field mix) and similar equipment; Hyster Operators (handling bulk loose aggregates) ; Lowbed and Heavy Duty Trailer; Road Oil Distributor Driver; Spreader, Flaherty Transit mix used exclusively in heavy construction; Water Wagon and Tank Truck-3, 000 gallons and over capacity GROUP 2 - Bulllifts, or similar equipment used in loading or unloading trucks, transporting materials on Dob site; Dumpsters, and similar equipment, Tournorockers, Tournowagon, Turnotrailer, Cat. D.W. Series, Terra Cobra, Le Tourneau, Westinghous, Athye wagon, Euclid two and four-wheeled power tractor with trailer and similar top-loaded equipment transporting material, Dump trucks, side, end and bottom dump, including semi-trucks and trains or combinations thereof with less than 16 yards capacity; http://frwebgate access.gpo.gov/cgi-bin-/getdoc.cgi?dbname=Davis-Bacon&,docid=WA200... 4/22/2005 WAIS Document Retrieval Page 33 of 36 Flatbed: (Dual Rear Axle) ; Grease Truck, Fuel Truck, Greaser, Battery Service Man and/or Tire Service Man; Leverman and loader at bunkers and batch plants; Oil tank transport, Scissor, Slurry Truck; Sno-Go and similar equipment; Swampers; Straddler Carrier (Ross, Hyster) and similar equipment, Team Driver; Tractor (small rubber-tired (when used within Teamster jurisdiction) , Vacuum truck; Water Wagon and Tank trucks-less than 3, 000 gallons capacity; Winch truck; Wrecker, tow truck and similar equipment GROUP 3 - Flatbed: single rear axle; Pickup sweeper, Pickup Truck (Adjust upward by $2.00 per hour for onsite work) GROUP 4 - Escort or pilot driver GROUP 5 - Mechanic HAZMAT PROJECTS Anyone working on a HAZMAT job, where HAZMAT certification is required, shall be compensated as a premium, in addition to the classification working in as follows: LEVEL C: +$ .25 per hour - This level uses an air purifying respirator or additional protective clothing. LEVEL B: +$.50 per hour - Uses same respirator protection as Level A. Supplied air line is provided in conjunction with a chemical "splash suit. " LEVEL A: +$.75 per hour - This level utilizes a fully- encapsulated suit with a self-contained breathing apparatus or a supplied air line. ---------------------------------------------------------------- TEAM0760-004 06/01/2004 CHELAN AND KITTITAS COUNTIES (ANYONE WORKING ON HAZMAT JOBS SEE FOOTNOTE A BELOW) Rates Fringes Truck drivers: ZONE 1 GROUP 1. . . . . . . . . . . . . . . . . . . .$ 19.43 9.50 GROUP 2. . . . . . . . . . . . . . . . . . . .$ 22.07 9.50 GROUP 3 . . . . . . . . . . . . . . . . . . .$ 22 .18 9.50 GROUP 4. . . . . . . . . . . . . . . . . . . .$ 22 51 9.50 GROUP 5. . . . . . . . . . . . . . . . . . . .$ 22 .62 9.50 GROUP 6. . . . . . . . . . . . . . . . . . . .$ 22.78 9.50 GROUP 7. . . . . . . . . . . . . . . . . . . .$ 23 .32 9.50 GROUP 8. . . . . . . . . . . . . . . . . . . .$ 23. 64 9.50 Zone Differential (Add to Zone 1 rate: Zone 2 - $2,00) BASE POINTS: Spokane, Moses Lake, Pasco, Lewiston Zone 1: 0-45 radius miles from the main post office. Zone 2: 45 radius miles and over from the main post office TRUCK DRIVERS CLASSIFICATIONS http://frwebgate.access.gp o.gov/cgi-bin/getdoe.cgi?dbnam e=Davis-Bacon&docid=W A200... 4/22/2005 WAIS Document Retrieval Page 34 of 36 GROUP 1: Escort Driver or Pilot Car; Employee Haul; Power Boat Hauling Employees or Material GROUP 2: Fish Truck; Flat Bed Truck; Fork Lift (3000 lbs. and under) ; Trailer Mounted Hydro Seeder and Mulcher; Leverperson (loading trucks at bunkers) ; Seeder & Mulcher; Stationary Fuel Operator; Tractor (small, rubber-tired, pulling trailer or similar equipment) GROUP 3: Auto Crane (2000 lbs. capacity) ; Buggy Mobile & Similar; Bulk Cement Tanks & Spreader; Dumptor (6 yds. & under) ; Flat Bed Truck with Hydraulic System; Fork Lift (3001-16,000 lbs. ) ; Fuel Truck Driver; Steamcleaner & Washer; Power Operated Sweeper; Rubber-tired Tunnel Jumbo; Scissors Truck; Slurry Truck Driver; Straddle Carrier (Ross, Hyster, & similar) , Tireperson, Transit Mixers & Truck Hauling Concrete (3 yd. to & including 6 yds. ) ; Trucks, side, end, bottom and articulated end dump (3 yards to and including 6 yds. ) ; Warehouseperson (to include shipping & receiving) ; Wrecker & Tow Truck GROUP 4: A-Frame; Burner, Cutter, & Welder; Service Greaser; Trucks, side, end, bottom and articulated end dump (over 6 yds. to & including 12 yds. ) ; Truck Mounted Hydro Seeder; Warehouseperson; Water Tank truck (0-8000 gallons) GROUP 5: Dumpster (over 6 yds. ) ; Lowboy (50 tons & under) ; Self- Loading Roll Off; Semi-Truck & Trailer; Tractor with Steer Trailer; Transit Mixers and Trucks Hauling Concrete (over 6 yds. to and including 10 yds.) ; Trucks, side, end, bottom and articulated end dump (over 12 yds, to & including 20 yds. ) ; Truck-Mounted Crane (with load bearing surface either mounted or pulled) (up to 14 ton) ; Vacuum Truck (super sucker, guzzler, etc. ) GROUP 6: Flaherty Spreader Box Driver; Flowboys; Fork Lift (over 16,000 lbs. ) ; Dumps (Semi-end) ; Lowboy (over 50 tons) ; Mechanic (Field) ; Transfer Truck and Trailer; Transit Mixers & Trucks Hauling Concrete (over 10 yds. to & including 20 yds. ) ; Trucks, side, end, bottom and end dump (over 20 yds. to & including 40 yds. ) ; Truck and Pup; Tournarocker, DWs & similar with 2 or more 4 wheel-power tractor with trailer, gallonage or yardage scale, whichever is greater; Water Tank Truck (8, 001- 14, 000 gallons) GROUP 7: Oil Distributor Driver; Stringer Truck (cable operated trailer) ; Transit Mixers & Hauling Concrete (over 20 yds. ) ; Truck, side, end, bottom and articulated end dump (over 40 yds. to & including 100 yds. ) ; Truck Mounted Crane (with load bearing surface either mounted or pulled (16 through 25 tons) GROUP 8: Prime Movers and Stinger Truck; Trucks, side, end, bottom and articulated end dump (over 100 yds. ) ; Helicopter Pilot Hauling Employees or Materials FOOTNOTE A - Anyone working on a HAZMAT job, where HAZMAT cerfification is required, shall be compensated as a premium, in addition to the classification working in as follows: bttp://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=W A200... 4/22/2005 WAIS Document Retrieval Page 35 of 36 LEVEL C-D: - $.50 PER HOUR - This level may use an air purifying respirator or additional protective clothing. LEVEL A-B: - $1.00 PER HOUR - Uses supplied air in conjunction with a chemical splash suit or fully encapsulated suit with a self-contained breathing apparatus. Employees shall be paid Hazmat pay in increments of four(4) and eight (8) hours. NOTE: Trucks pulling equipment trailers shall receive$.25{hour over applicable truck rate. ---------------------------------------------------------------- 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 (29CFR 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 http://fiwebgate.access.gpo.gov/cgi-bin/getdoc.cgi9dbname=Davis-Bacon&do cid=W A200... 4/22/2005 WAIS Document Retrieval Page 36 of 36 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 I http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi'?dbname=Davis-Bacon&docid=WA200... 4/22/2005 i EXHIBIT L MEMORANDUM OF UNDERSTANDING for Monitoring Labor Standards between the City of Kent (hereinafter the "City") and the King County Housing Authority (hereinafter "KCHA") This Memorandum of Understanding ("MOU") relates to the procedures by which KCHA will monitor the compliance of contractors with certain federal labor standards on the following project: Project Name: Spnngwood Community Center Project Address: 27360129th Place SE, Kent, WA 98031 Section 3 Contracting Conditions Apply? Yes X No_ Monitoring Agency: King County Housing Authority I. SCOPE This project will be implemented by KCHA with federal Community Development Block Grant("CDBG") funds provided by the City This MOU relates solely to the construction work on the project funded by the City for the renovation of Springwood Community Center. Construction shall include programmatic office space, classrooms, and other space for youth activities For purposes of this MOU only, construction includes only those activities on the project to which the Davis-Bacon Act applies when CDBG funds are used for some portion of construction costs. In addition, KCHA will require that all project construction contractors comply with all applicable state and local public works bidding and contracting regulations, specifically including, without limitation, the prevailing wage provisions set forth in Ch 39.12 RCW and all regulations adopted by the State of Washington Department of Labor and Industries II. PURPOSE The City and KCHA join in this MOU for the purpose of maximizing efficiency. This MOU is intended to establish a clear understanding of the procedures of one party so that the other may choose not to duplicate them It is not intended to extricate the City from its ultimate responsibility to ensure compliance with the Davis-Bacon Act and Contract Work Hours and Safety Standards Act pursuant to the Grant Agreement between the City and the Department of Housing and Urban Development(HUD). 1 III, CDBG FUNDING The City is a recipient of CDBG funds under the Housing and Community Development Act of 1974 ("HCD Act"), 42 U S.C. §§ 5301, et seq.. CDBG funds for purposes of this MOU may include program income as defined in CDBG rules and any other revenues treated as such program income under applicable agreements with HUD The City has allocated $110,000 in CDBG funds for the project and specified that all or a portion of these funds will be used by KCHA for construction work III. LABOR STANDARDS; MONITORING A. Davis-Bacon Act The HCD Act and regulations at 24 CFR§ 570.603 require laborers and mechanics employed by contractors or subcontractors that perform construction work financed in whole or in part with CDBG funds to be paid at rates no lower than those determined in accordance with the Davis-Bacon Act, as amended (40 U.S.C. §§ 276(a)-276(a)(5)). The HCD Act further requires that contractors and subcontractors comply with overtime compensation requirements under the Contract Work Hours and Safety Standards Act(40 U S.0 § 327, et seq ). Pursuant to the Code of Federal Regulations, a federal agency, via its contracting officer, shall insure that contractors and subcontractors on federally funded projects comply with the contract provisions on labor standards 29 C.F R. pts. 3 and 5 For purposes of this MOU, "labor standards"shall include only the requirements of the two federal Acts, and the related regulations referred to in this section It is understood that the parties may enforce additional state and local requirements, not inconsistent with those Acts and regulations, related to labor and contracting for the project. Where it is determined that CDBG funds trigger the application of these labor standards requirements, KCHA shall ensure that the Federal Labor Standards Provisions (HUD form 4010) and Davis-Bacon wage determinations are attached to and incorporated into the prime contract for construction. KCHA shall monitor compliance with the Davis-Bacon Act and Contract Work Hours and Safety Standards Act for construction work on the project, according to the procedures outlined in Attachment 1 to this MOU. The City shall retain 10% of the value of CDBG funds provided for the project. The City shall disburse the retained amount to KCHA upon the City's verification that KCHA has complied with all applicable labor standards provisions. The KCHA shall provide the City a copy of the final Labor Standards Report Form submitted to HUD for the protect. l � 2 i B. Housing and Urban Development Act of 1968,Section 3,codified at 12 U.S.C. § 1701(u) (hereinafter"Section 3") If page one (1) of this MOU indicates that the parties have determined that contracting conditions apply to the construction work pursuant to HUD regulations under 12 U.S C. § 1701 u (section 3 of the Housing and Urban Development Act of 1968), then (A) KCHA shall review the bid specifications and the general or prime contract for construction to see that it includes the language required by 24 C F R. pt 135 and the additional provisions prescribed by the City for Section 3 implementation, as listed on Attachment 2 to this MOU; and (B) KCHA shall monitor the project for compliance with these provisions according to the procedures outlined on Attachment 2 to this MOU. KCHA shall not request reimbursement from the City for any costs or expenses related to the monitoring on this project. IV. REPORTING, NOTICES, RECORDS, AND TERM A. Notices. Notices to the City may be sent to, Dinah Wilson, City of Kent, Parks/Human Services Division, 220 Fourth Ave. S., Kent, WA 98032, or by e-mail to dnvilson(@ci kent wa us, 253 856,5076. Notices to KCHA may be sent to Claude DaCorsi (CDBG Monitoring Officer) and/or Peter Mourer(Director of Resident Services, King County Housing Authority, 600 Andover Park W , Tukwila, WA 98188, clauded(@kcha.org1206 5741210, peterm o()kcha org/206.574.1350 B. Records. KCHA shall make all records related to the project's labor standards and section 3 compliance available to the City upon request, subject to any applicable privacy or confidentiality laws. KCHA shall retain such records as required by HUD regulations. C. Inquiries and Responses. KCHA shall immediately inform the City of any material violations of labor standards or Section 3 compliance detected by KCHA, and any material deficiencies or discrepancies in information provided to KCHA with respect to labor standards or Section 3 compliance. In addition, the City may contact the KCHA officer named above at any time during the project to determine whether such officer is aware of any noncompliance with any labor standards or Section 3 compliance and whether required reports or other data have been submitted to KCHA. If it is determined that labor standards are violated and a wage adjustment is required, the City may withhold the amount of CDBG funds necessary to ensure payment of back wages and/or liquidated damages. D. Termination. This MOU may be terminated at any time upon written notification of either party and with five working days'advance notice. E. Time Period. The time period of this MOU shall be from the time KCHA approves the successful contractor's bid specifications until the final Labor Standards Report form for the project is submitted to HUD, unless earlier terminated as stated above. To confirm our mutual understanding, we have signed the foregoing MOU on the dates set forth below. i 3 i CITY OF KENT KING COUNTY HOUSING AUTHORITY PARKS, RECREATION & COMMUNITY SERVICES DEPARTMENT Jim W e, Mayor Stephen No an, Executive Director Date /d-a 7..a 5 Date: U Q3 'e Attachment 1. Davis-Bacon Monitoring Procedures Attachment 2: Section 3 Monitoring Procedures 4 i Attachment 1: Davis-Bacon (D-B) Monitoring Procedures The following Monitoring Procedures will be undertaken by KCHA. ❑ Submit request to HUD for wage determination ❑ Upon receipt of wage determination, provide the City with the following ♦ A copy of original request form with HUD's authorization ♦ A copy of the applicable wage determination ♦ A HUD form 1040 KCHA shall. ❑ Draft bid documents and ensure that documents include Federal Labor Standards Provisions (HUD form 4010) and Davis-Bacon wage determinations ❑ Provide the City a copy of bid documents ❑ Notify the City of successful bidder and anticipated construction start date ❑ Confirm that successful bidder has not been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily exclude from covered transactions by any federal debarment or agency o Set up appointment with successful contractor to review Davis Bacon Act procedures (pre-construction conference) and notify City of pre-construction conference date ❑ Conduct pre-construction conference to review D-B and related requirements ❑ Provide the City a copy of pre-construction minutes ❑ Conduct the number of employee interviews sufficient to establish Davis-Bacon labor standards compliance or to document the nature and extent of violations. Interviews must be representative of all employee job classifications. For projects that last more than six months, KCHA shall make every effort to interview at least 10% of the workers in all trades that are employed on the project. ❑ Review submitted D-B forms and Weekly Certified Payrolls for accuracy and completeness ❑ Compare "Employee Interview"forms with submitted payrolls ❑ Write Deficiency letters to pnme contractor and any relevant subcontractors with copies to the City and other funding provider(s) ❑ Review and approve invoices and receipts that the prime contractor submits to KCHA for payment and ensure corrections/adjustments when applicable (funds may be withheld to satisfy D-B requirements). Ensure that violations are corrected within 30 days of prime contractor notification ❑ Answer phone questions or emailed questions I, 5 ❑ Upon completion of the project and prior to release of any funds held for D-B issues by KCHA, make a final review for compliance with D-B requirements by each of the contractors and subcontractors Approve release of any funds withheld by KCHA. ❑ Prepare final Labor Standards Enforcement Report for HUD it i I s Attachment 2: Section 3 Monitoring Procedures (when applicable) The following Monitoring Procedures will be undertaken by the KCHA: ❑ include the following HUD standard forms/information in the bid specification: ♦ Section 3 Goals ♦ Section 3 Clause submit the following to HUD: ♦ Section 3 Summary Report on an annual basis (report and instructions attached) ❑ Submit completed Bid Specification to the City ❑ Await"Notice to Proceed" o Set up appointment with successful contractor for pre-construction conference to explain how Section 3 monitoring will be conducted ❑ In reviewing weekly certified payrolls, check to see if each contractor and subcontractor has completed and submitted a monthly Section 3 Employment Opportunities Plan Status Report, including utilization of Section 3 businesses ❑ If necessary, write Deficiency letters to prime contractor/subcontractor with copies to Agencies and other funding provider(s) informing them that Section 3 forms have not been received or that the forms do not show full compliance o Review and approve invoices and receipts that the prime contractor submits to KCHA for payment and ensure corrections/adjustments when applicable (funds may be withheld to satisfy Section 3 requirements if potential deficiencies are noted) ❑ Answer telephone questions or emailed questions regarding Section 3 ❑ Upon completion of the project and prior to release of any funds held for Section 3 issues by the KCHA, make a final review for compliance with Section 3 requirements by each of the contractor/subcontractors. Approve release of any funds withheld by the KCHA I� 7 i Section 3 Summary Report U.S. Department of Housing OMB Approval No 2529-0043 and Urban Development (exp 8/31/2007) Economic Opportunities for Office of Fair Housing Low- and Very Low-Income Persons and Equal Opportunity HUDFieaoffice See back of page for Public Reporting Burden statement 1 Recipient Name&Address (street,city,state,zip) 2 Federal Identification (contracVaward no J 3 Dollar Amount of Award 4 Contact Person 5 Phone (include area code) 6 Reporting Period 7 Date Report Submilted 8 Program Code (Use a separate sheet 9 Program Name for each program cotle) Part I: Employment and Training (" Include New Hires in columns E&F) A B C D E" F"' Number of Number of New %of Aggregrate Number %of Total Staff Hours Number of Section 3 Job Category New Hues Hues that are of Staff Hours of New Hires for Section 3 Employees Employees Sec 3 Residents that are Sec 3 Residents and Trainees and Trainees Professionals Technicians Office/Clerical Construction by Trade (List) Trade Trade Trade Trade Trade Other(List) Total Program Codes 3 = Public/Indian Housing 4 =Homeless Assistance 8 =CDBG-State Administered 1 =Flexible Subsidy A=Development, 5 =HOME 9 =Other CD Programs 2 =Section 202/811 B=Operation 6 =HOME-State Administered 10=Other Housing Programs C=Modernization 7 =CDBG-Entitlement form HUD-60002(612001) Pagel of 2 ref 24 CFR 135 Part II, Contracts Awarded 1. Construction Contracts A. Total dollar amount of all contracts awarded on the project $ B Total dollar amount of contracts awarded to Section 3 businesses $ C Percentage of the total dollar amount that was awarded to Section 3 businesses % D Total number of Section 3 businesses receiving contracts 2 Non-Construction Contracts A Total dollar amount of all non-construction contracts awarded on the projectfactivity $ B Total dollar amount of non-construction contracts awarded to Section 3 businesses $ C Percentage of the total dollar amount that was awarded to Section 3 businesses % D Total number of Section 3 businesses receiving non-construction contracts Part III: Summary Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial assistance for housing and community development programs,to the greatest extent feasible,toward low-and very low-income persons, particularly those who are recipients of government assistance for housing (Check all that apply) Attempted to recruit low-income residents through local advertising media,signs prominently displayed at the project site,contacts with community organizations and public or private agencies operating within the metropolitan area(or nonmetropolitan county) in which the Section 3 covered program or project is located, or similar methods Participated in a HUD program or other program which promotes the training or employment of Section 3 residents Participated in a HUD program or other program which promotes the award of contracts to business concerns which meet the definition of Section 3 business concerns Coordinated with Youthbuild Programs administered in the metropolitan area in which the Section 3 covered project is located Other describe below Public reporting burden for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number Section 3 of the Housing and Urban Development Act of 1968,as amended, 12 U S C 1701u , mandates that the Department ensure that employment and other economic opportunities generated by its housing and community development assistance programs are directed toward low-and very low- income persons, particularly those who are recipients of government assistance for housing The regulations are found at 24 CFR Part 135 The information will be used by the Department to monitor program recipients'compliance with Section 3, to assess the results of the Department's efforts to meet the statutory objectives of Section 3,to prepare reports to Congress,and by recipients as a self-monitoring tool The data is entered into a data base and will be analyzed and distributed The collection of information involves recipients receiving Federal financial assistance for housing and community development programs covered by Section 3 The information will be collected annually to assist HUD in meeting its reporting requirements under Section 808(e)(6)of the Fair Housing Act and Section 916 of the HCDA of 1992 An assurance of confidentiality is not applicable to this form The Privacy Act of 1974 and OMB Circular A-108 are not applicable The reporting requirements do not contain sensitive questions Data is cumulative, personal identifying information is not included form HUD-60002(6/2001) Page 2 of 2 ref 24 CFR 135 Form HUD-60002, Section 3 Summary Report, Economic Opportunities for Low-and Very Low-Income Persons Instructions: This form is to be used to report annual accomplishments 8 Program Code Enter the appropriate program code as listed at the regarding employment and other economic opportunities provided to low- bottom of the page and very low-income persons under Section 3 of the Housing and Urban g Program Name Enter the name of the HUD Program corresponding with Development Act of 1968 The Section 3 regulations apply to any public the"Program Code" in number 8 and Indian Housing programs that receive (1)development assistance part I Employment and Training Opportunities pursuant to Section 5 of the U S Housing Act of 1937, (2) operating assistance pursuant to Section 9 of the U S Housing Act of 1937, or (3) Column A. Contains various lob categories Professionals are defined as modernization grants pursuant to Section 14 of the U S Housmg Act of 1937 people who have special knowledge of an occupation (i e , supervisors, and to recipients of housing and community development assistance architects, surveyors, planners, and computer programmers) For con- in excess of$200,000 expended for (1) housing rehabilitation (including struction positions,list each trade and provide data in columns B through F reduction and abatement of lead-based paint hazards), (2) housing con- for each trade where persons were employed The category of "Other' siruction, or (3) other public construction projects, and to contracts and includes occupations such as service workers subcontracts in excess of$100,000 awarded in connection with the Column B Enter the number of new hires for each category of workers Section-3-covered activity identified in Column A in connection with this award New Hire refers to a Form HUD-60002 has three parts which are to be completed for all person who is not on the contractor's or recipient's payroll for employment programs covered by Section 3 Part I relates to employment and training, at the time of selection for the Section 3 covered award or at the time of The recipient has the option to determine numerical employment/training receipt of Section 3 covered assistance goals either on the basis of the number of hours worked by new hues Column C. Enter the number of Section 3 new hires for each category of (columns B, D, E and F)or the number of new hires utilized on the Section workers identified in Column Ain connection with this award Section 3 new 3 covered project (columns B, C and F) Part II of the form relates to hire refers to a Section 3 resident who is not on the contractor's or recipient's contracting, and Part III summarizes recipients' efforts to comply with payroll for employment at the time of selection for the Section 3 covered Section 3 award or at the time of receipt of Section 3 covered assistance Recipients or contractors subject to Section 3 requirements must main- Column D. Enter the percentage of all the staff hours of new hires(Section tain appropriate documentation to establish that HUD financial assistance 3 residents) in connection with this award for housing and community development programs were directed toward Column E Enter the percentage of the total staff hours worked for Section low- and very low-income persons' A recipient of Section 3 covered 3 employees and trainees(including new hires)connected with this award assistance shall submit two copies of this report to the local HUD Field Include staff hours for part-time and full-time positions Office Where the program providing assistance requires an annual perfor- mance report,this Section 3 report is to be submitted at the same time the Column IF Enter the number of Section 3 residents that were employed and program performance report is submitted Where an annual performance trained in connection with this award report is not required,this Section 3 report is to be submitted by January 10 Part II Contract Opportunities and, if the project ends before December 31, within 10 days of project Block 1 Construction Contracts completion Only Prime Recipients are required to report to HUD. The Item A Enter the total dollar amount of all contacts awarded on the project/ P report must include accomplishments of all recipients and their Sec- tion 3 covered contractors and subcontractors program HUD Field Office Enter the Field Office name forwarding the Section 3 Item B Enter the total dollar amount of contracts connected with this report project/program that were awarded to Section 3 businesses 1 Recipient Enter the name and address of the recipient submitting this Item C Enter the percentage of the total dollar amount of contracts report connected with this project/program awarded to Section 3 businesses 2 Federal Identification Enter the number that appears on the award farm Item D Enter the number of Section 3 businesses receiving awards (with dashes) The award may be a grant, cooperative agreement or Block 2 Non-Construction Contracts contract Item A Enter the total dollar amount of all contacts awarded on the project/ 3 Dollar Amount of Award Enter the dollar amount,rounded to the nearest program dollar, received by the recipient ItemB Enter the total dollar amount of contracts connected with this project 4& 5 Contact Person/Phone Enter the name and telephone number of awarded to Section 3 businesses the person with knowledge of the award and the recipient's implementa- Item C Enter the percentage of the total dollar amount of contracts tion of Section 3 connected with this project/program awarded to Section 3 businesses 6 Reporting Period Indicate the time period(months and year)this report Item D Enter the number of Section 3 businesses receiving awards covers Part III: Summary of Efforts- Self-explanatory 7 Date Report Submitted Enter the appropriate date Submit two (2)copies of this report to the to the HUD Field Office of Fair smaller and larger families,except that the Secretary may establish income Housing and Equal Opportunity, Program Operations and Compliance ceilings higher or lower than 80 per centum of the median for the area on the Center Director,at the same time the performance report is submitted to the basis of the Secretary's findings such that variations are necessary be- program office For those programs where such a report is not required,the cause of prevailing levels of construction costs or unusually high- or low- Section 3 report is submitted by January 10 Include only contracts income families Very low-income persons mean tow-income families executed during the reporting period specified in item 8 PHAs/HAs are to (including single persons)whose incomes do not exceed 50 per centum of report all contracts/subcontracts the median family income for the area,as determined by the Secretary with The terms"low-income persons"and"very low-income persons"have the adjustments for smaller and larger families,except that the Secretary may same meanings given the terms in section 3(b)(2) of the United States establish income ceilings higher or lower than 50 per centum of the median Housing Act of 1937 Low-income persons mean families(including single for the area on the basis of the Secretary's findings that such variations are persons) whose incomes do not exceed 80 per centum of the median necessary because of unusually high or low family incomes income for the area,as determined by the Secretary,with adjustments for form HUD-60002(6/2001) Page i ref 24 CFR 135