Kassel & Associates 3/28/2017 - Laserfiche WebLink

CITY OF EVERETT PUBLIC WORKS SPECIAL PROVISIONS B. Compliance with Copeland Anti-Kickback Act(44 C.F.R. & 13.36(i)(4)) (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. C. Compliance with the Davis-Bacon Act(44 C.F.R. $ 13.36(i)(5)) and RCW 39.12. THIS CONTRACT IS A FEDERAL AID PROJECT AND IS SUBJECT TO THE DAVIS- BACON ACT AND RCW 39.12. WHEN DAVIS-BACON AND RCW 39.12 RATES DIFFER FOR SIMILAR KINDS OF LABOR, THE CONTRACTOR SHALL NOT PAY LESS THAN THE HIGHER RATE UNLESS THE STATE RATES ARE SPECIFICALLY PREEMPTED BY FEDERAL LAW. General 1. This Contract is subject to the minimum wage requirements of RCW 39.12 and to RCW 49.28 (as amended or supplemented). Federal wage laws and rules also apply. The hourly minimum rates for wages and fringe benefits are listed in the Contract Provisions. When Federal wage and fringe benefit rates are listed, the rates match those identified by the U.S. Department of Labor's "Decision Number" - shown in the Contract Documents. 2. The contractor, any subcontractor, and all individuals or firms required by RCW 39.12, WAC 296-127, or the Federal Davis-Bacon and Related Acts (DBRA)to pay minimum prevailing wages, shall not pay any worker less than the minimum hourly wage rates and fringe benefits required by RCW 39.12 or the DBRA. Higher wages and benefits may be paid. 3. By including the hourly minimum rates for wages and fringe benefits in the Contract Documents, the City does not imply that the contractor will find labor available at those rates. The contractor shall be responsible for any amounts above the minimums that will actually have to be paid. The contractor shall bear the cost of paying wages above those shown in the Contract Documents. 4. When the project is subject to both State and Federal hourly minimum rates for wages and fringe benefits and when the two rates differ for similar kinds of labor, the contractor shall not pay less than the higher rate unless the State rates are specifically preempted by Federal law. When the project involves highway Work, heavy Work, and building Work, the Contract Documents may list a Federal wage and fringe benefit rate for the highway Work, and a separate Federal wage and fringe benefit rate for both heavy Work and building Work. The area in which the worker is physically employed shall determine which Federal wage and fringe benefit rate shall be used to compare against the State wage and fringe benefit rate. 5. If employing labor in a class not listed in the Contract Documents on state funded projects only, the contractor shall request a determination of the correct wage and benefits rate for that WFP Operations Building Seismic Retrofit- Rebid January 6, 2017 WO#UP3600 006013 - 8