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CITY OF EVERETT PUBLIC WORKS <br /> SPECIAL PROVISIONS <br /> class and locality from the Industrial Statistician, Washington State Department of Labor and Industries <br /> (State L&I), and provide a copy of those determinations to the Project Engineer. <br /> 6. If employing labor in a class not listed in the Contract Documents on federally funded <br /> projects, the contractor shall request a determination of the correct wage and benefit for that class and <br /> locality from the U.S. Secretary of Labor through the City. Generally, the contractor initiates the request <br /> by preparing standard form 1444 Request for Authorization of Additional Classification and Rate, <br /> available at www.wdol.gov/docs/sf1444.pdf, and submitting it to the City for further action. <br /> 7. The contractor shall ensure that any firm(Supplier, Manufacturer, or Fabricator)that falls <br /> under the provisions of RCW 39.12 because of the definition "Contractor" in WAC 296-127-010, <br /> complies with all the requirements of RCW 39.12. <br /> 8. The contractor shall be responsible for compliance with the requirements of the DBRA <br /> and RCW 39.12 by all firms (subcontractors, lower tier subcontractors, suppliers, manufacturers, or <br /> fabricators) engaged in any part of the Work necessary to complete this Contract. Therefore, should a <br /> violation of this section occur by any firm that is providing Work or materials for completion of this <br /> Contract whether directly or indirectly responsible to the contractor, the City will take action against the <br /> contractor, as provided by the provisions of the Contract,to achieve compliance, including but not limited <br /> to,withholding payment on the Contract until compliance is achieved. <br /> 9. In the event the City has an error (omissions are not errors) in the listing of the hourly <br /> minimum rates for wages and fringe benefits in the Contract Provisions, the contractor, any <br /> Subcontractor, any lower tier subcontractor, or any other firm that is required to pay prevailing wages, <br /> shall be required to pay the rates as determined to be correct by State L&I (or by the U.S. Department of <br /> Labor when that agency sets the rates). A change order will be prepared to ensure that this occurs. <br /> 10. The City will reimburse the contractor for the actual cost to pay the difference between <br /> the correct rates and the rates included in the Contract Provisions, subject to the following conditions: <br /> 1. The affected firm relied upon the rates included in the Contract Provisions to prepare <br /> its Bid and certifies that it did so; <br /> 2. The allowable amount of reimbursement will be the difference between the rates listed <br /> and rates later determined to be correct plus only appropriate payroll markup the employer must pay, such <br /> as, social security and other payments the employer must make to the Federal or State Government; <br /> 3. The allowable amount of reimbursement may also include some overhead cost, such <br /> as, the cost for bond, insurance, and making supplemental payrolls and new checks to the employees <br /> because of underpayment for previously performed Work; and <br /> 4. Profit will not be an allowable markup. Firms that anticipated, when they prepared <br /> their Bids,paying a rate equal to, or higher than, the correct rate as finally determined will not be eligible <br /> for reimbursement. <br /> Posting Notices <br /> Notices and posters shall be placed in areas readily accessible to read by employees. The <br /> contractor shall ensure the following are posted: <br /> 1. EEOC - P/E-1(revised 11/09) — Equal Employment Opportunity IS THE LAW <br /> published by US Department of Labor. Post for projects with federal-aid funding. <br /> WFP Operations Building Seismic Retrofit-Rebid January 6, 2017 <br /> WO#UP3600 006013 -9 <br />