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Home My WebLink About04-067 - SiteLines Park and Playground Products - Crystal Springs Park Playground ReplacementCITY OF TUKWILA Short Form Contract Contractor/Vendor Name: SiteLines Park & Playground Products Address: 626 128th Street SW #104A Everett, WA 98204 Telephone: (425) 355-5655 Project No: Budget Item: 301.00.594.760.64.02 Project Name: Playground Equipment Replacement at rystal Springs Park PLEASE INITIAL ALL ATTACHMENTS, THEN SIGN AND RETURN COPIES ONE AND TWO TO CITY OF TUKWILA, PARKS AND RECREATION DEPARTMENT, 12424 42nd AVENUE SOUTH, TUKWILA, WASHINGTON 98168. RETAIN COPY THREE FOR YOUR RECORDS UNTIL A FULLY EXECUTED COPY IS RETURNED TO YOU. AGREEMENT This Agreement, made and entered into this 10`h day of June, 2004, by and between the City of Tukwila, hereinafter called the City, and SiteLines Park & Playground Products, hereinafter called the Contractor. The City and the Contractor hereby agree as follows: 1. SCOPE OF WORK AND BIDDING PROCESS The Contractor shall complete all of the work and furnish labor, materials, tools and equipment for the project entitled Playground Equipment Replacement at Crystal Springs Park. Contractor shall refer to bid specification and attachments to assure compliance with specific Federal, State and County requirements. This project is funded by King County Community Development Block Grant funds. The SiteLines Park and Playground Products as listed in Exhibit "A", GameTime Quotation, shall be delivered to the Golf & Parks Maintenance Facility, 13900 Interurban Avenue South, Tukwila, WA and installed by the Contractor as indicated in Exhibit "B", Installation Breakdown, at Crystal Springs Park, 15832 51s` Avenue South, Tukwila, WA. After play equipment installation, the Contractor shall install PlayCurbs and surfacing material. Additionally, demolition and disposal of existing equipment shall be conducted as listed in Exhibit "B." 2. TIME OF COMPLETION The work shall be commenced September 2004 and be completed no later than October 2004. 3. CONTRACT SUM The City shall pay the Contractor for the performance of the work the sum of Forty-nine thousand one hundred fifty-three dollars and 06/100 ($49,153.06), which includes Washington state sales tax. Short Form Contract — Page 1 ENTD Aug os Z004 ORUINALB • • 4. PAYMENTS The City shall make payments on account of the contract as follows: Upon completion of work as described in Paragraph 1. 5. ACCEPTANCE AND FINAL PAYMENT Final payment shall be due 30 days after completion of the work, provided the contract is fully performed and accepted. 6. GENERAL CONDITIONS The City and the Contractor agree upon the following general conditions which shall govern: A. Contract Documents The contract includes this Agreement, Scope of Work and Payment Exhibits. The intent of these documents is to include all labor, materials, appliances and services of every kind necessary for the proper execution of work, and the terms and conditions of payment thereof. The documents are to be considered as one, and whatever is called for by any one of the documents shall be as binding as if called for by all. The Contractor agrees to verify all measurements set forth in the above documents and to report all differences in measurements before commencing to perform any work hereunder. B. Materials, Appliances and Employees Except as otherwise noted, the Contractor shall provide and pay for all materials, labor, tools, water, power and other items necessary to complete the work. Unless otherwise specified, all material shall be new, and both workmanship and materials shall be of good quality. Contractor warrants that all workmen and subcontractors shall be skilled in their trades. C. Surveys, Permits and Regulations The City shall furnish all surveys unless otherwise specified. Permits and licenses necessary for the prosecution of the work shall be secured and paid for by the Contractor. Easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the City unless otherwise specified. The Contractor shall comply with all laws and regulations bearing on the conduct of the work and shall notify the City in writing if the drawings and specifications are at variance therewith. D. Protection of Work, Property and Persons The Contractor shall adequately protect the work, adjacent property and the public and shall be responsible for any damage or injury due to his act or neglect. E. Access to Work The Contractor shall permit and facilitate observation of the work by the City and its agents and public authorities at all times. Short Form Contract — Page 2 • • F. Changes in the Work The City may order changes in the work, the contract sum being adjusted accordingly. All such orders and adjustments shall be in writing. Claims by the Contractor for extra cost must be made in writing before executing the work involved. G. Correction of Work The Contractor shall re -execute any work that fails to conform to the requirements of the contract and that appears during the progress of the work, and shall remedy any defects due to faulty materials or workmanship which appear within a period of one year from date of completion of the contract and final acceptance of the work by the City unless the manufacturer of the equipment or materials has a warranty for a longer period of time, which warranties shall be assigned by Contractor to City. The provisions of this article apply to work done by subcontractors as well as to work done by direct employees of the Contractor. H. Owner's Right to Terminate Contract Should the contractor neglect to prosecute the work properly, or fail to perform any provision of the contract, the City, after seven days' written notice to the contractor, and his surety, if any, may without prejudice to any other remedy the City may have, make good the deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contract or, at the City's option, may terminate the contract and take possession of all materials, tools, appliances and finish work by such means as the City sees fit, and if the unpaid balance of the contract price exceeds the expense of finishing the work, such excess shall be paid to the Contractor, but if such expense exceeds such unpaid balance, the Contractor shall pay the difference to the City. I. Payments Payments shall be made as provided in the Agreements. Payments otherwise due may be withheld on account of defective work not remedied, liens filed, damage by the Contractor to others not adjusted, or failure to make payments properly to the subcontractors. J. Contractor's Liability Insurance Contractor will carry public liability and property damage insurance with carriers satisfactory to the City, in the following amounts: $50,000 property damage $500,000 public liability (each person) $1,000,000 public liability (each occurrence) with endorsements naming the City as an additional insured and will provide the City with certificates of insurance prior to start of construction and with 30 days notice prior to cancellation. K. Liens The final payment shall not be due until the Contractor has delivered to the City a complete release of all liens arising out of this contract or receipts in full covering all labor and materials for which a lien could be filed, or a bond satisfactory to the City indemnifying the City against any lien. L. Separate Contracts The City has the right to let other contracts in connection with the work and the Contractor shall properly cooperate with any such other contracts. Short Form Contract — Page 3 • • M. Attorneys Fees and Costs In the event of legal action hereunder, the prevailing party shall be entitled to recover its reasonable attorney fees and costs. N. Cleaning Up The Contractor shall keep the premises free from accumulation of waste material and rubbish and at the completion of the work he shall remove from the premises all rubbish, implements and surplus materials and leave the building broom -clean. O. Indemnification The Contractor shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by an act, omission or failure of the Contractor, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the contractor. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extend any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Contractor, its officers, agents, and employees. P. Prevailing Wages The Contractor shall pay all laborers, workmen and mechanics the prevailing wage and shall file the required "Statement of Intent to Pay Prevailing Wages" in conformance with RCW 39.12.040. This contract is covered by Federal Davis -Bacon and Washington State Public Works Wage Rates. Discrimination Prohibited The Contractor shall comply with all Equal Employment Opportunity regulations and shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor on the basis of race, color, religion, creed, sex, age, national origin, marital status or the presence of any sensory, mental or physical handicap. IN WITNESS WHEREOF, the parties hereto executed this Agreement the day and year first above written. Q. CONTRACT CITY OFTTUKWILA By: By: (-�'1nxx� ��1— ,I �7(7 TITLE: ' /� `� TITLE: 4"t__ DATE: • D DATE: Short Form Contract — Page 4 • ATTEST/AUTHENTICATED: Jan; Cantu, City Clerk APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: Short Form Contract — Page 5 • 05/12/2004 14:51 FAX 4253473056 SITELINES lcGarndlime;LA [ • GAMETIME c/o SiteLines Park & Playground Prodcts 626 128th St. SW Suite 104A Everett, WA 98204 Phone: (425)355-5655 Toll Free: (800)541-0869 Facsimile: (425)347-3056 Contact: Lauri Lawler Enriching Childhood Through Play,. Quote No.: 240405805 GameTime Quotation Z002 Crystal Springs Attn: Paul Surek 15832 51st Ave S Tukwila, WA 98168 Ship to Zip 98168 Telephone: (206)768-2822 Facsimile: (206)768-0524 ITEM DESCRIPTION 26 3783 Playcurbs - Black 4 3793 2' Playcurb Pkg-Black 1 80000 49" Sq Punched Steel Deck 5 80012 5' Upright Assembly (alum) 6 80015 8' Upright Assembly (alum) 3 80018 9' Upright Assembly (alum) 4 80018 11' Upright Assembly (alum) 1 80026 5'-0"Treescape W/Deck 1 80033 5'-0"Treescape W/Climber 1 80162 Rainforest Canopy 1 80305 5'-0"/5'-6"Clover Climber 1 80322 5'-0"-5'-6"Tree Climber 1 80338 Megarock Climber 1 80370 5'-0"-5'-6"Zipper Climber 1 80653 3'-0"Transfer Point 1 80656 Access Attachment 3'& 4' 1 80815 Steering Wheel Encl 1 80926 Leaf Enclosure 1 81113 Suspension Bridge 1 81202 2'-0"Stepped Platform 2 81275 Wildslide Straight Sec 1 81277 Wildslide Right Curve 1 81282 Straight Slide 1 81323 1' Wildslide Exit Section 1 81325 Wildslide Entrance Section 1 81534 3'-0" Skywheel Attach 1 81653 Log Roll 1 81681 Turning Bar 1 81689 Swivel Meister 1 EWF-01 83 CY EWF System, 2 Mats Total weight Ext Weight Price Ext Price 598 48.00 51,248.00 40 35.00 $140.00 124 576.00 3576.00 75 99.00 3495.00 162 147.00 3882.00 90 164.00 3492.00 152 188.00 3782.00 681 3,399.00 33,399.00 723 3,744.00 $3,744.00 405 3,502.00 $3,502.00 104 659.00 3659.00 78 680.00 3680.00 724 2,178.00 32,178.00 103 829.00 $829.00 220 1,200.00 $1,200.00 57 294.00 3294,00 38 474,00 $474.00 82 479.00 3479.00 411 2,843.00 32,843.00 165 1,160.00 31,160.00 134 211.00 $422.00 27 211.00 3211.00 85 613.00 3613.00 26 310.00 3310.00 91 550.00 5550.00 120 1,205 00 $1,205.00 47 530.00 3530.00 13 104.00 3104.00 37 513.00 $513.00 2,147.00 $2,147.00 5,612 Sub -total: $32,671.00 Discount: (38,158.08) Installation: 517,242.58 Freight 33,421.95 Taxes: 33,975.62 Total: $49,153.06 .ej4hi17d 19 1 of 3 • • CERTIFICATION OF NONSEGREGATED FACILITIES The undersigned certifies that s/he does not maintain or provide for her/his employees any segregated facilities at any of her/his establishments, and that s/he does not permit her/his employees to perform their services at any locations under her/his control where segregated facilities are maintained. The undersigned certifies further that s/he will not maintain or provide for her/his employees any segregated facilities at any of her/his establishments and that s/he will not permit her/his employees to perform their services at any location under her/his control where segregated facilities are maintained. The undersigned agrees that a breach of this certification will be a violation of the Equal Opportunity Clause set forth in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking Tots, drinking fountains, recreation or entertainment areas, transportation and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. The undersigned agrees that, except where s/he has obtained identical certifications from subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause, that s/he will obtain identical certifications from subcontractors and that s/he will retain such certifications in her/his files. Date: Signature: Name/Title: 6 zL1o6 Contractor Name: Address: City/State/Zip: .01 x , /ke X: J/,%!e LI4e1 07rk 9hg 4(y /�✓NQC �/b'OCS. r/f!C /21?'w o �/e,e # t /t, ? e 29 C:\WINDOWS\TEMP\NONSEG.DOC Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work (or under the United States Hous- ing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or re- bate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof@ due at time of payment com- puted at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be al- leged to exist between the contractor and such laborers and mechan- ics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on be- half of laborers or mechanics are considered wages paid to such la- borers or mechanics, subject to the provisions of 29 CFR-5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determi- nation (including any additional classification and wage rates con- formed under 29 CFR Part 5.5(a)(I)(ii) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its sub- contractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction in- dustry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Adminis- trator of the Wage and Hour Division, Employment Standards Admin- istration. U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB con- trol number 1215-0140.) (c) In the event the contractor. the laborers or mechanics to be em- ployed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropri- ate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its desig- nee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Con- trol Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) de- termined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification un- der this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Pro- vided. That the Secretary of Labor has found, upon the written re- quest of the contractor, that the applicable standards of the Davis - Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Depart- ment of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis - Bacon prevailing wage requirements. which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including ap- prentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any appren- tice. trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations Previous edition is obsolete Page 1 of 4 rm HUD -4010 (2/84) ref. Handbooh1344.1 • have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relat- ing thereto. shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all labor- ers and mechanics working at the site of the work (or under the United States Housing Act of 1937. or under the Housing Act of 1949, in the construction or development of the project). Such records shall con- tain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe ben- efits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis -bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Sec- retary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reason- ably anticipated in providing benefits under a plan or program de- scribed in Section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such ben- efits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of ap- prenticeship programs and certification of trainee programs, the reg- istration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OM B Control Numbers 1215-0140 and 1215-0017.) (ii) (a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the appli- cant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Off ice of Management and Budget under OMB Control Number 1215-0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance." signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5 (a)(3)(i) and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either di- rectly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned. other than permis- sible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3 (ii)(b) of this section. (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph A.3.(i) of this section available for inspection, copy- ing, or transcription by authorized representatives of HUD or its des- ignee or the Department of Labor, and shall permit such representa- tives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5 12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide ap- prenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or other- wise employed as stated above, shall be paid not less than the appli- cable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a con- tractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (ex- pressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be ob- served. Every apprentice must be paid at not less than the rate speci- fied in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship pro- gram. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Ad- ministrator determines that a different practice prevails for the appli- cable apprentice classification. fringes shall be paid in accordance Previous edition is obsolete form HUD -4010 (2/84) Page 2 of 4 ref. Handbook 1344.1 • with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the con- tractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant ',to and individually registeredin a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employ- ment and Training Administration. The ratio of trainees to journey- men on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage deter- mination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprentice- ship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage deter- mination for the work actually performed. In the event the Employ- ment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of appren- tices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incor- porated by reference in this contract 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime con- tractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with ail the contract clauses in 29 CFR Part 5.5. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts con- tained in 29 CFR Parts 1, 3. and 5 are herein incorporated by refer- ence in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of La- bor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of La- bor, or the employees or their representatives. 10. (1) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Sec- tion 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of ... in- fluencing in any way the action of such Administration .... makes, utters or publishes any statement knowing the same to be false shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor stan- dards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or in- stituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor stan- dards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms "laborers" and "mechanics" include watch- men and guards. (1) Overtime requirements. No contractor or subcontractor con- tracting for any part of the contract work which may require or in- volve the employment of laborers or mechanics shall require or per- mit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such con- tractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated dam- ages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in sub para- graph (1) of this paragraph. Previous edition is obsolete form HUD -4010 (2/84) Page 3 of 4 ref. Handbook 1344.1 (3) Withholding for unpaid wages and damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work per- formed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to in- clude these clauses in any lower tier subcontracts. The prime con - `tractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety 4110 (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dan- gerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regu- lation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 151 8) and failure to comply may result in imposition of sanctions pursu- ant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat 96). (3) The Contractor shall include the provisions of this Article in ev- ery subcontract so that such provisions will be binding on each sub- contractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such pro- visions. Previous edition is obsolete Page 4 of 4 form HUD -4010 (2184) ref. Handbook 1344 1 lap/13/2004 10:17 FAX 4253473056 ■ o% Sr 1> l 111 fa I Bey $ITELinii) SITEL INES P4RK & PLAYGROUND PRODVC1 TO: Paul Surek, City of Tukwila FR: Lauri Lawler, SiteLines RE: Crystal Springs DT: May 13. 2004 Zoo' FAX TRANSMITTAL Total pages, including cover: 1 If you have any problems with this transmission, please call SiteLines at (800)541-0869. • Hi Paull Sorry for the omission yesterday. Here i5 the breakdown for the installation price at Crystal Springs: Demolition & disposal of existing equipment materials Installation of play equipment Installation of PlayCurbs and surfacing material Grand total installation $4,160.00 $11,463.04 $1,19.54 $17,242.58 Please note that all prices include labor at Davis -Bacon wage rates. Please feel free to give mea call with any further needs ---thanks, and have a great dayl fZegards. Lawi Senior Project Manager IauriOsitelines.corn Corporate Office: 626 128'" St SW #1044 • Everett WA 98204 • Toll -Free 800-541-0869 • Local 425-355-5655 • Fax 425-347-3056 Portland Office; PO Box 25156 • Portland OR 97298 • Toll -Free 800-304-5587 • local 503-291-1800 • Fax 503-291-0100 Hawaii Office: 1050 Bishop #235 • Honolulu HI 96813 • Toll-free 800.541-0869 • Local 808-778-7524 • Fax 888-654-6375 Visit us on the World Wide Web of www.sitelines.com