HomeMy WebLinkAbout5104Contract Number
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5104
Combined Construction, Inc.
Park Ave Plaza PH II Landscape Pavers, Planters, etc
Econ Devel
LEG 12-1
11/21/2011
3/1/2012
2/1/2012
2014
Comments. Complete 60 days after NTP
MEMO
TO:
FItONd:
DATE:
SUB,TECT:
Kyle Smith
Combined Constructaon, Inc.
Alyce Fierro, Project Assistant
Decem6er 15, 2011
Fully Ezecuted Contracts for Park Ave. Plaza Phase II
Landscape Pavers, Planters, etc. Installation/ City of Bremerton
Enclosed is your fully executed original for the above contract with the City of Bremerton.
Thank you.
Respectfully,
L�� �
Alyce Fierro
Enclosures
Cc: City Clerk, Bremerton, WA
1 of 1
PUBLIC WORKS AGREEMENT
THIS AGREEMENT, is entered into between the City of Bremerton, a Washington
Municipal Corporation ("Crty"), and Combmed Construction, Inc ("Contractor"), whose mailing
address is 4403 Russell Road Ste 100, Mukilteo, WA 98275
The parties agree as follows
1. CONTRACTOR SERVICES. The Contractor shall perform the following Scope
of Services for the City
A Provide labor, materials and associated equipment to install landscape
planters, pavers, walks, pipe rails, irrigation system, top soil, per attached
draw�ngs and specifications, as noted in Exhibits
B Note area will be occupied by other contractors completing work on garage,
brick veneer and landscape screening- coordination of construction activities
will occur weekly between all General Contractors
2. TIME OF COMPLETION. Contractor shall complete the work withm 60 calendar
days from the date of issuance of the City's Notice to Proceed
3. COMPENSATION. The City shall pay the Contractor the total amount of $ Thirtv
four thousand two hundred dollars ($34,200 00), sales tax if applicable is not mcluded The
Contractor shall invoice the Crty monthly The City will pay for the portion of the work descnbed
in the mvoice that has been completed by the Contractor and approved by the City The City
payment shall not constitute a waiver of the City's nght to final inspection and acceptance of the
pro�ect
A Performance Bond Pursuant to Chapter 39 08 RCW, the Contractor, shall
provide the City a performance bond for the full contract amount to be in
effect until sixty (60) days after the date of final acceptance, or until receipt
of all necessary releases from the State Department of Revenue and the State
Department of Labor and Industnes and until settlement of any liens filed
under Chapter 60 28 RCW, whichever is later
B Retaina�e The City shall hold back a retainage in the amount of five percent
(5%) of any and all payments made to contractor for a penod of sixty (60)
days after the date of final acceptance, or until receipt of all necessary
releases from the State Department of Revenue and the State Department of
Labor & Industries and until settlement of any liens filed under Chapter 60 28
RCW, whichever is later
C Defective or Unauthorized Work The City reserves its right to withhold
payment from Contractor for any defective or unauthorized work
4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as
an mdependent contractor and not as an employee of the City The Contractor shall secure at its
expense, and shall be responsible for all payments of income tax, social security, state industrial
Page 1 of 6
Public Works Ajreement — GC name EDA Award 07-01-06590
insurance compensation, unemployment compensation, and all other payroll deductions for the
Contractor, officer, agents, employees and sub-contractors The Contractor shall also secure all
applicable busmess licenses, if required, in connection with the contract services, including all
required licenses for Contractor's officers, agents, employees and sub-contractors
Crty
5. TERMINATION. The City may terminate this agreement at the convemence of the
6. PREVAILING WAGES. Contractor shall file a"Statement of Intent to Pay
Prevailing Wages," with the State of Washington Department of Labor & Industries prior to
commencmg the Contract work Contractor shall pay prevailmg wages and comply with Chapter
39 12 of the Revised Code of Washmgton, as well as any other applicable prevailmg wage rate
provisions Davis-Bacon wage rates are to be used for this pro�ect The latest prevailing wage rate
revision issued by the Department of Labor and Industries is attached
7. CHANGES. The City may issue a wntten or oral work change directive for any
change in the Contract work durmg the performance of this agreement If the Contractor
determines, for any reason, that a change order is necessary, Contractor must submit a written
change order request to the City's Special Pro�ect Admmistrator within two (2) busmess days of the
date the Contractor knew or should have known of the facts and events giving rise to the requested
change If the City determines that the change mcreases or decreases the Contractor's costs or time
for performance, the City will make an equitable ad�ustment If the Contractor disagrees with the
equitable ad�ustment the Contractor must complete the change order work, however, the Contractor
may elect to protest the ad�ustment The City will evaluate all protests, provided the procedures in
this section are followed if the City determines that a protest is valid, the City will ad�ust payment
for work or time by an equitable ad�ustment No ad�ustment will be made for an invalid protest
A Contractor's Duty to Complete Protested Work In spite of any protest, the
Contractor shall proceed promptly with the work as the City has ordered with
the retamed nght to file a claim
8. CLAIMS. The Contractor shall give written notice to the City of all claims other
than change orders within fourteen (14) calendar days of the occurrence of the events givmg rise to
the claims Any claim for damages, add�tional payment for any reason, or extension of time,
whether under this agreement or otherwise, shall be set forth in detail m wnting and received by the
City within seven (7) calendar days from the date Contractor knew, or should have known, of the
facts givmg rise to the claim
Contractor must, m any event, file any claim or bring any suit arising from or connected
with this agreement within 120 calendar days from the date the contract work is complete
9. WARRANTY. The Contractor shall correct all defects in workmanship and
materials within one year from the date of the Contractor's acceptance of the City's final payment
under this contract When defects are corrected, the warranty for that portion of the work shall
extend for one year form the date such correction is completed and accepted by the City The
Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice
from the City of the defect If the Contractor does not accomplish the corrections within a
reasonable time, the City may complete the corrections and the Contractor shall pay all costs
incurred by the City in order to accomplish the correction
Page 2 of 6
Public Works Agreement — GC name EDA Award 07-01-06590
10. INDEMNIFICATION. Contractor shall defend, indemmfy and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, m�uries,
damages, losses or suits mcluding all legal costs and attorney fees, arising out of or in connection
with the performance of this agreement, except for in�uries and damages caused by the City's
negligence
The City's mspection or acceptance of any of Contractor's work when completed shall not
be grounds to avoid any of these covenants of indemnification
Should a court of competent �urisdiction determine that this agreement is sub�ect to RCW
4 24 115, then, in the event of liability for damages ar�sing out of bodily in�ury to persons or
damages to property caused by or resulting from the concurrent negligence of the Contractor and
the City, its officials, employees, agents and volunteers, the Contractor's liability hereunder shall be
only to the extent of the Contractor's negligence
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS
INDEMNIFICATION CONSTITUTES THE CONTR.ACTOR'S WAIVER OF IMMUNITY
UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS
INDEMNIFICATION THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER
The provisions of this section shall survrve the expiration or termmation of this agreement
11. INSURANCE. The Contractor shall procure and maintam for the duration of this
agreement, insurance against claims for inJuries to persons or damage to property that may anse
from or m connection with the performance of the Contract work by the Contractor, its agents,
representatives, employees or subcontractors
Before beginrung the work on the pro�ect described m this agreement, the Contractor shall
provide a Certificate of Insurance evidencmg
A Automobile Liabilitv msurance with limits no less than $1,000,000 combmed
single limit per accident for bodily in�ury and property damage, and
B Commercial General Liabilitv insurance written on an occurrence basis with
limits no less than $2,000,000 combined smgle limit per occurrence and
$2,000,000 aggregate for personal in�ury, bodily in�ury and property damage
Coverage shall include but not be limited to blanket contractual,
products/completed operations/broad form property damage, explosion, collapse
and underground (XCU) if applicable, and employer's liability
C Endorsements in accordance with Right of Way permits
Any payment of deductible or self insured retention shall be the sole responsibility of the
Contractor
The City reserves the right to receive a certified copy of all the required insurance policies
Page 3 of 6
Public Works Agreement — GC name EDA Award 07-01-06590
The City, its officials, employees, agents and volunteers shall be named as an additional
insured on the insurance policy, 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 Contractor's insurance shall contain a clause stating that coverage shall apply
separately to each msured against whom claim is made or suit is brought, except with respects to the
limits of the insurer's liability
The Contractor's msurance shall be primary insurance as respects the City, and the City
shall be given thirty (30) calendar days prior written notice by certified mail, return receipt
requested, of any cancellation, suspension or matenal change m coverage
12. MISCELLANEOUS.
A Nondiscrimmation In the hiring of employees for the performance of work
under this Agreement or any sub-contract hereunder, the Contractor, its sub-
contractors, or any person acting on behalf of such Contractor or sub-
contractor shall not, by reason of race, religion, color, sex, national ongin, or
the presence of any sensory, mental, physical disability, or sexual orientation
discrimmate agamst any person who is qualified and available to perform the
work to which the employment relates
B Compliance with Laws Contractor shall comply with all federal, state and
local laws, rules and regulations throughout every aspect in the performance
of this agreement
C Work Performed at Contractor's Risk Contractor shall take all precautions
necessary and shall be responsible for the safety of its employees, agents, and
subcontractors m the performance of this agreement All work shall be done
at Contractor's own nsk, and Contractor shall be responsible for any loss of
or damage to materials, tools, or other articles used or held for use in
connection with the work
D Nonwaiver of Breach The failure of the City to insist upon stnct
performance of any of the terms and rights contained herein, or to exercise
any option herein conferred in one or more mstances, shall not be constructed
to be a waiver or relinquishment of those terms and nghts and they shall
remain in full force and effect
E Governin� Law This agreement shall be governed and construed in
accordance with the laws of the State of Washmgton If any dispute arises
between the City and Contractor under any of the provisions of this
agreement, resolution of that dispute shall be available only through the
�urisdtction, venue and rules of the Kitsap County Superior Court, Kitsap
County, Washington
F Attornev's Fees To the extent not inconsistent with RCW 39 04 240, in any
claim or lawsuit for damages arising from the parties' performance of this
Page 4 of 6
Public Works Agreement — GC name EDA Award 07-01-06590
agreement, each party shall be responsible for payment of its own legal costs
and attorney's fees incurred in defendmg or bringing such claim or lawsuit,
however, nothing m this subsection shall limit the City's nght to
indemmfication under Section 10 of this agreement
G Written Notice All communications regarding this agreement shall be sent
to the parties at the addresses listed on the signature page of this agreement,
unless otherwise notified Any written notice shall become effective upon
delivery, but in any event three (3) calendar days after the date of mailing by
registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated on this agreement
H
J
Assi�nment Any assignment of this agreement by the Contractor without
the wntten consent of the City shall be void
Modification No waiver, alteration, or modification of any of the provisions
of this agreement shall be bmding unless in writing and signed by a duly
authonzed representative of the City and Contractor
Severabilitv If any one or more sections, sub-sections, or sentences of this
agreement are held to be unconstitutional or invalid, that decision shall not
affect the validity of the remammg portion of this agreement and the
remamder shall remain in full force and effect
K Entire A�reement The written provisions and terms of this agreement,
together with any attached Eachibits, supersede all prior verbal statements by
any representative of the City, and those statements shall not be construed as
forming a part of or altenng in any manner this agreement This agreement
and any attached Exhibits contam the entire agreement between the parties
Should any language in any Exhibit to this agreement conflict with any
language contained in this agreement, the terms of this agreement shall
prevail
EXHIBITS — Attached herein —
o EXHIBIT A— Construction Documents
o EXHIBIT B— General Requirements
o EXHIBIT C— EDA Requirements
o EXHIBIT D— Signed Form of Proposal
IN WITNESS WHEREOF, the parties below have executed this agreement
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Page 5 of 6
THE CITY OF BREMERTON
Print Nam att Lent
Trtle M r
EDA Award 07-01-06590
DATE
Notices to be sent to:
CONTRACTOR
Combmed Construction, Inc
4403 Russell Road Ste 100
Mukilteo, WA 98275
(425) 610-4334
DATE 215� �� v�'��' �l�
Notices to be sent to:
CITY OF BREMERTON
Atten Gary Sexton
345 6`" Street, Suite 600
Bremerton, WA 98337
(360) 981-1025
(360) (facsimile)
Page 6 of 6
Public Works Agreement — GC name EDA Award 07-01-06590
!
EXHIBIT A - Construction Documents
Plans and details "Planters at Garage' dated 30 September 2011- 4 sheets '
total. �
o Drawing 1- plan - concrete and pavers ;
o Drav+nng 2- plan - irrtgahon '
o Drawing 3- details - walls, footings, section �
o Drawing 4- rail defia�l
Specifications -
o Specificatian section 02870
Fxhib;t A - Tide Page
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PART 1 GENERAL �7� � NQ O�"dI"bG�ID ;
i
'1 1 SECTtON IPICLUDES �
A, P�pe RaiUpg j
12 REFERENCES `
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I
A ASTM A 36 - Standard Spec�icatfon for Carbon Structurai Sbeel �
B ASTM A 123 - StandaM Specfication for Z+nc (hot-dip galvaaized) Coatings an lron and �
Steel Products ;
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C ASTM A 53 - Standard Spec�fcadon fnr P�pe, Steet, Bladc and Ha�Dip�d, Trnc-Coated, '
Welded and Seamless .
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13 SUBMITTALS
�
A. Shop Drawings: Provide full detailed shop drawings prior to fabrication. j
1 4 QUALITY ASSURANCE
A Manu�acturer Qual'ficabons: Minimum af 1S years experience manufacturing s�e fumistungs
and retated products
B. Installer Qualtfications M�rnmum of 5 years e�enence assembfing and mstalling s�te
fumishings
15 WARRANTY
A The structural mtegnty of all site furnish�n� shaU be warranb� for a period of 5 years from
date of delNery �qamst defecfs m maEerials and workmansh�p e�t for fuushes of any kind.
PART 2 PRODUCTS
21 MANUFACTURER'S
A Acxeptab(e Manufacturer. Fairweatttsr Site Furnishings & Acoessories, Port Or�hard, WA
98367-6400 ASD_ Tel (360} 895-2626 Fax (3fifl) 895-1284. Email:
sale.s(8lfairweathersf com, www.f�irweafhersf.com
B Requests for subsbtubons wI0 be considered in aocordance with proviswns oi Generat
Requrrements A,7
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A. Pipe Radmg — Modei F1lU Part # PR-25GAL
9 2-1�2" sch 40 carbon steel p�pe (2 875° OD}, 13 tt long, capped at ends
2 9 /.° cold roiled round supporls, 3 per sectcor�, fulty weided to pipe
3 3/16 x 2-1/2° flange fulty weided to cotd ro!!ed round bar
4 %° roll pu� a# base of cold rolled rourtd bar
5 Frrosh Bcemerton Biue powder coat or wet paint surt�ble for manne environment over
hot dip galvan¢ing
PART 3 IXECUTEON
31 INSTALLATEON
A. Instail �n accordance w�th manufactwer's instruchons
3 2 PROTECTIOtV
A Probect instalied products until comple6on of pro�eck
S Touch-up, nepair or replace damag�i products befnre Substantial Completian
END OF SECTION
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EIIIiIBIT B - General Requirements
General Requirements:
0 3 pages
Exhibit B - Tide Page
FARK & 4TH S£AEET 1'HASE TWO
CITY OF BREMERTON GEIYERAL REQUIREMENTS
EDA Award No 07-OI-06590
General Requirements:
A. Price and Payment Procedures:
1. Schedule of Values: Before 1� application for payment submit Schedule af
Values for approval. Schedule of Value should include all major wark aetivities
and incIude labor and materials.
2. Progress Payment Procedures - Contractor to provide invoice to Brian FyalI bp
end of month, set up time for site walk thraugh to confirm bilIing percentage
complete. Contractor to include l�en releases fram prior month with sabsequent
applicatlons.
3. Certified Payroils are to be provided at the end of each manth.
B. Administrative Requirements:
1. Project Coordinati�n- General Contractor �s to coordinate scheduling, subm�ttals,
and work. General Cvntractor to rnordinate testing & inspection, utility
cannections, Ciby inspechon and final approval.
2. Praject Meeting - Weekly construction meeting are to be held Generai
Coniractor to take and distribute notes. Agenda to include: three week look
ahead schedule; outstanding RFI's and submittals; status of payments;
3. Construction Progress Scheduie - Provide critical path schedule shawing major
activities and milestones. Update schedule if cntical path wark is behind my
more than 2 weeks.
4. Communications - Address all RFI's and Submittal to Br�an Fyall. RF1's to be
munbered consecUtive, assume twa week turn around for all RFI's.
5. Submittal procedure - Provide shop drawings and subiruttals as required by
Contract Documents, provide 6 hard copies of drawings and 3 hard copies of
product information. Where submittal is design-build provide engineered
stamped drawnng by registered engineer in the State of Washington.
C. Quallty Requirements
1. Regulator Requirements - Contraceor to comply wi11 laws, ordiaances, rules,
regulahons as required by City of Bremerton and the State of Washington in the
construction of the noted project
2. Quality Control - General Cantractor to maintain qual�ty control over suppliers,
manufaciurers, products, services, site conditions and worlananship to produce
specified quality.
3. Testing and inspection - Owner will contract for speaal ir�spection services for
geotech and consttvchon testing and inspection General Contractor is �
eoordinate inspection times directly with inspechon agency.
D. Temporaiy Facilities and Controls
1. Temporary utilities - General Cantractor is responsible for atl required
temporarp utilit�es (electricai, te�ephane, water, sewer and storm run oft�
Page 1 of 3 �y�,Ur� �
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PARK & 4T� STREET PHASE TWO
CITY OF HREMERTON GBNERAL REQUIREMENTS
EDAAward No 07-U1-06590
2. F�eld offices - General Contractor shall prov�de temporary field offices and sheds
are required to compleCe construction.
3. Vehicular and pedestrian traffic control - Frovide safe and expeditious
movement of vehicular and pedestrian traffic on adjacent streets, alley and
sidewalks. Pay for City uses fees as required by City.
4. Temporary barriers and enclasures - Furnish, mstall and maintam suitahle
security fencing and other grotective and shelter�ng devices as required to
complete the work
5. Security - Protect premises firom entry by unauthorized persons. Protect
completed work, stared product and construction equipment fram theft and
vandalism
6. Temporary controls - Provide and maintain controls using methods, equipment
and temporary construcpon to protect site and related areas from: air, water
and soil pollution; waste generation; other irritadng and harmfiil activities. Keep
adjacent sites cIean and free of debris.
7. Safety - Comply with State of Washington and City of Bremerton safety laws and
requirements.
S. Naise control - take reasonable measures to suppress noise from work
operations.
E. Product Requirements
1. Product storage & handling - Products, materials and equipment incorporated
into the work shall be new unless otherwise noted Provide for protection of all
products, mater�als and equipment stored an site or off site.
F. Execution and Closeout Requirements
1. Field engineering - Provide field engmeering survey services to ensure there are
no encraachments on adjacent properties.
2. Protec�aon of adjacent construction - protect all existing properties from work
under this contract
3. Cutting and patch�ing - General Contractor is responsible for cutting, fitting and
patching as required to complete the work
4. Construction wast� management & disposal - Project is not LEfiD certified,
however final waste generation performance goaIs are 959�o for salvage / recycle.
S. F�nal cieaning - At completion all areas must be cieaned and ready for occupancy
/ use as intended.
6. Closeout procedures - Generai Contractor to not�fy Owner when project is ready
for inspection and punch list GC to provide to Owner their own pre-punch Iist
and outstanding items (i.e. final cIean, operation and maintenance data,
warranty).
7. Operafion and maintenance data - At completion of job and pnor to reIease of
retention General Contractor to pmvide operation and maintenance manuals for
gmjec�
8. Warranhes - See contract for warranty language and duratioa
Page 2 of 3
�� � �� �
PARK & 4TH STREET PHASE T�iNO
CITY OF BREMERTON GENERAL REQUIREMENTS
EDA Award No 07-01-06590
9. Pro�ect Record Documents - Provide recard set of all drawings with nated
changes. Provide final Change Order and contract modificatians. Design �uild as-
bu�lts.
Page 3 of 3 ��� �
EXHIBIT C - EDA requirements
EDA requirements:
o Nofice af Requirements for Af�rmative Action to Ensure Equal Employment �
Opportunity �
o EDA Lobbymg Restrictions
o EDA Contracting Provisians for Construcdan Projects
o Davis Bacon Washington Wage Rates for Kitsap County (www.wdol.govl.
Fxhibit C - EDA Requirements
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WASHINGTON
Area Covered — Clallam, Grays Harbor, Island, Jefferson, Kitsap, Lewis, Mason, Pacific, San
Juan, Skagit, Thznst,on and Whatcom Counties
Go�1s and Timetables
T�metable Goats for minority Goals £or female
participation in each trade participation in
(percent) each trade
��)
Until further notice
6.1
6.9
Any questions that bidders may have on complying with these bid condrtions should be directed
to the following agency:
U.S. Department of Labor
ESA - OFCCP Area 4ffice
11 I 13"� Avenue
Seattle, Washington 98101-3212
�za� 39s-so�
EXI�BTT C EDA AWARD No 07-OI-0b590
NOTICE OF REQUgtEMENT FOR AFFIRMATIVE
ACTION TO ENSURE EQUAL EMPLOYMENT
OPP4RTUNITY (EXECUTIVE ORDER 11Z4�
1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the
"Standard Federal E�ual Employment Opportunity Constrnction Contra�ct Specificahons" set
forth herein.
2. The goals and timetables for minority and female participation, expressed in pem.�ntage terms
for �e Contractor's aggregate workforce in each trade on all canstruction work in the covered
area, are indicated in Attachment A.
These goals aze applicable to all Gontracto�'s conshvction work (whether or not it is Federal or
federally assisted) perfarmed in the covered area.
The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4
sball be based on its implementation of the Equal Opporninity Clause, specific affumative acb.on
obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to m�t
t�e goals es#ablish�i for the geographical area where the contract resutting from this solicitation
is to be performed. The hours of minority and female employmen.t aad training must be
substantially uniform throughout the length of the contract, and in each trade, and the contractor
shall make a good faith effort to employ minorities and women evenly on each of its pzojects.
The transfer of minority or female employees or trainees from Contractor to Coatractor or from
pro�ect to project for the sole purpose of ineeting the Contractor's goals shall be a violation of the
contract, the Execuhve Order and the regulations in 41 CFIt Part 60-4. Compliance wrth the
goais will be measiued against the totat work hours performed.
3. The Contractor shall pmvide written notification to the Director of the Office of Federal
Conttact Compliance Programs within 1� worlang days of award of any construction subc�ntract
in excess of $10,000 at any tier for construchon work under the contiact resulting from this
solicitation. The notification shall list the name, address and telephone number of the subcon-
tractor, employer identification number, est�mated dollar amount of the subcontract; eshmated
starting and compietion dates of the subcontrac� and the geographical azea in which the contract
is to be performed.
EXHIBTT C EDA AWAR13 No. 07-01-06590
CERTIFIGATION REt�ARDING LOBBYII�IG
('i�is Ce�tification is requimd pursuant to 3I U.S.C.135�
.�{�1� v_: � �}� �1 ��� i ; vti it� �U: � :n .u�� � ���.��:u� - • vt�au:yil�
The undeisigned cert�fies, W the best o£lus or her i�wwledge and belie� tha�
(1) No Federal a�ppropria�d funds have been patd or will be paid, by o� on bel�alf of the vndeisigned, ta
anY person for inSue�cing rn' a�pdag t� influence aa officer or employee of �y ageacy, a Membex of
Congress, an offCer oremployee of Congcess, oraa empluyee ofa Member of Congress in coanect�on
w�th the awsrdtng of any Fedsaat coatrac�, the msking of any Fedecai grant, the metdag ofany Federal
loan, �e eatenng into of miy �ve agc�eament, and ffie �ioq c�nuatioa reneuval,
ameadm�t, or malifu�Eion of sus► Federai conttact, SranX lonn, or �ve a�+�e�.
(2} If aay fund� other than Federal appropnate� fimds have been paid or w�I be paid to atty person for
mflu�cing or a�ng to inflneace aa officer or �ployee of anY ageacY, a Member of Con$�ess, aa
officea� or �ployee of Con�s, or an emplayee of a Membe,r of Con�ss ia c�amectioa w�th dus
Fe�eial contr� Stant, lan, or c�apecative agceement, the uada^s�gned sball comgl�fie an+d snbmit
Standard Fanm-LLL, `Disclaa�ue of Lobbying Acavihcs," ia � v�nth rts instrncdons.
(3) The vndecstgned syall require d�at the laaguage of this ce�on be iQCluded in the award
docunne�nts fnr atl snbawan�s at all tieas ('inciudin8 subwnt�aR,qs, subecants, and conhacts �err graats,
toaas, ana ca�aare a�) aua rhat att subredpie� shatt c�tify sad a�sctose aco�dmgty.
This certi5cation �s a mabetisl re�uesentation of fecx upon wEuch �elisnce was placed wheo dus �ari
was made a� ente�ed uEoo. Subm�ssioa of tius c�tif cation �s a prerequisite far making or eatenng inbo dus
�anseahon imposed by sactton 1352, tide 31, U.S. Code. Any pe�soa who fails ta file the �quir�d
c�rtificatzon s�all be subject to a civil penahy of aot Iess than $10,000 and aot mo�e ihan $100,{!00 for
each suc�. fa�hnre
Stabement for Loa�,Guareatees and I.o� Insnraace
T6e uaderstgned st�es, to the best of Ins or !� l�wledgc aud b�e� that.
If any fimds have be� paid or wiEl be paid 6� aay patsan for infln�cing or �tiqg to influe� an
offcer or amployee of any a,geacy, aMember of Con�ss, aa offi�ras employee ofCong�ess, oran
employe.e of a Member of C�gi+� in oonnection with this commim�nt pmvidwg for the United States
bo msure ar guaranbee a loaq the tmdeisttgaed shall complete and subunit Standacd Focm�-L,LL, "Disciosvre
of Lobbytag Actividies," in axordance with m inshu�tions.
Submisstan of th�s stete�meat is a pm�equisite fvr matdng or ent,ering into tLis traasactia� imposed by
searon 1352, t�de 31, U.S. Code. Any peisa�a who �s to fiie the requir�ed s�t ahall be subject to a
civd p�mity of not less than $1t1,000 aad not �e thsa $lOQOtIO for each snch f�ure.
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ORGANIZATION 1VAME ' AWARD NUMBER
s
DISCLOSURE OF LOBB1fiNG ACTtVIT1ES "�°'^�di�Oh's E
Compiete d� t�m b disdase lobbya� activ�6es pwsuant to 31 U.S.C.1352 ° �' 0° '� i
(See nenrerse for p�c burden d�OSwe.)
1. rype of Fed� A�dton: 2. Status ot Fed�al AcBon: a RePort i'�
❑ a contr�ct ❑ a bidlofferlappE�on ❑ a�dta1 fi8ng
� �� �� b. u�al awasd � � �
d, toan
a, posi.award For AA�ta! Cirert� Onlyr:
e loan g� year quarter
t t�n (n nce date af lest report
4. N�ne and Addreos of R�afutg Ert�y: 5. B Reporliet8 �rtBY �e [ito 41s S�awardee. Enter NBme mtd
❑ Prime � s+,bawardee add�s a Prime:
Tier _, rflaroar�
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Ca�+�Fona1 �i�trlct, �laeotirn. C�al � �IO�rnvn:
B. Pederaf �trr��Ap�y: 7. f�aderal Progtem NamefDesaipfta�.
CF[?ANlumber, �'app�ble:
8. Federat AWa� t�h�. lfloro�n. 9. Avr�N Amotqa. �Jm�wv►:
10. a. t�ne aad Add�ess ot Lob�it�g �Y b. Indivi�s Per�om�g Ssrvices (bn�indmg addre.�s Ff
(�hldhddr� last narne �iat n�ne� lI�Q �1►OVIt 1VD.10�
��, �t� �►�4-
� �f'Sh0@tt� SY"'w� �s�
11. /UROYIlt O� P�HItPfit (GG6ClC 8B1fb9t 8p�y}' 1S. Tn18 Ot P8y7R6�t ((�(1Bdf 8Q 812� �p(y)
�] 8dU8� Q P�'dIiI18d ❑ 8. IC�R@f
� b.Ol�tlm9l�ee
,z �,��r����}. a G �,r�
❑ a cash O d, oonLngentt�
O b. �. sRed(y. �tu�e ❑ e. defe�ned
va� ❑ f dher, �ea"�r
1a. ertet Qesuta�Bon otservtoes Pe�il�n,ea or to be Perfom�ea ma DaE�s) vf Se�vica t�ing a�e�(sh etnpiofree(sb
or OAea�ber(s) ao�d, fbr Payme� bx8ca�ed Tn Rem 11:
��BdI �D[QSII�DO.�@1(8� .SFIU� dl�d9f�f
1S. Contl�dlan SI�(s) 8�LLL�l1 �: Q Yes Q No
96. mrno�n �qa..oee m�h nus tme is amhaboae ar �e st us C. eeawa
tm 7H.�uaaene�ga�ae.aa.ma�Arop�nofrwtvpon �9�•
wMtlf eovmroa ares paaaa0 6y Sre tlars�ore wfiw tlas tr�nsaCOw�eBa awds ar
erdaad latw TNs �e h �arykad Wrweni to 3f tl�di. ta52 l'hh �� �
UQ�nx9m a� bs wpw6ed b 6te Qoc�msaembn�pr m�d� Eeav�9Eb /bt
P�O�R NOOele011WIW�6m�061010��11p811EU0B �
�eama.ae�ry��aaoae�s+o.000.a�wc�aea�ms�oc.000� Tete�aneNa- Dat�
exheura�aa •
Fedatat i�e �r: A�tor e� R�on
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INSTRUCTIONS FOR GOMPLETtON OF SF-LLL, DISCLOSURE L08BYING ACTlVf11ES
This �u�e ta,n sl�dl oe oo�e6�d tiY fhe c�ORNe er�►Y. „rtmufar s�a�+dee or p�tnre F�Sai �ec�ierd, at e�e t�SOn or �etpt of
a� Fede�al actlon, or a maderlal c�tange to a pcevIous 51hig, pursu�t m h'�e 31 U.S C sec9os� 1352 The 9i�g ot a fam b req�dred tor
each paryrnent a' agreement to make P$Y� �o anY ��J �Y �* �uatcir� or attemptitg b�tce an o�Hcet ar empbyee of airy
89e�Y. a Nlember of Caigress. an oifa:er or mnpfoyee of Coc�, � an employee ota �Aember � Co�s In eonnedion w�h a oa+rered
Fede�el �. tke tl�e SF-LLL,A C� Sheet far ed�bonaf I�n � Ois apa� ae a►e fmm �s �e. CcmpfeDa a11 nems
tlmt appry 6or b� tl�e be'�el I�g �►d rt�a0erf� ctmzge Fepo�t Refiar to tl�e irt�r�n9 gu� puhi�ed by tl�e � W A�entent
a� 8udget tor ad�tlo� Infionr�tion.
t hfen6fy the iype at aovered Federal aa�n ihr wtdch bbbymg ac5vihr is artdfor t�as been aeaeed 6o Ir�tuerECe the ou0come of a eovered
�'al ACf�CQI.
2 td�fY the sda4�s of tl�e aa�ed F�da�si actlon
3. �dently ttre app��iaEa dasa� of tlas report. IFthis � a fouaxwp �eport causest by a maEe� �ange m fie i�mrt�n prevbusiy
�P�d w�tertlee y�arand qua�ter 6t a� tlre dnr�qe axumed. 6�6er are �ea at 1he last preNaus�raubmitCad tapaA DY tl1� ►epotl�9
e�ilyfor �is aoveted Fsderat �
4. EnOer tl�e Ntl c�ame. addiess. cAY� sfam� aaa z� oode ofa�a reporting eN�r tnd�de �na1 Dfa�, HWwwn c�edc the a�propdate
dassffiwdon ot the repcfing entiqt that deaignates � it Is. ot expeCts bo 6e. a ptitne ur subawacd �ecipie�tt [derdify Ure fier o! die
st�Nae� sg, tlia ftrat � a� 9te pdme is tl►e tst f7a Subaxr� iru�iede but are not � L� s�, � and
oadracdawands undsr�s.
5. (1 tlte �� 8�e repat in ite�a 4��'. C�t e�er Cfe fi61 name. addtess. dg, stata and �!P oode af A�e prl�
Fedetal fea�ieed. I�de O�ta�rel DISBAcC ff I¢faNm.
6. En6er @ie Itanee �the Fsde�l agawy n�g tlre arrard or bmt oartoniknerd. Ir�citrda at (e�tane aa�6ort� baue! bebw agerwY �me,
tf tamwn C��art�e, Dep�6nerR atT�spoAa�On, tlrtNed � Caaet (�and
7. Er�er Ihe Fede� pr�mn name or �n �o►fhe ao�ed Fedewf ac6oa� (�a�n !� N I�m, enberfm fi� Cs�atog of Faderal Dmtres�
Ass�noa (CPDA) manbertor9r�duNs. caop�a4ve �rm�s, [aens, � ban comrtdN�nb.
8 E11tel Q18 most eppiOp�EB F� i�yb� mAl�ber sva�hie (or �e Foderes ac�an �dB�'ied in �em t(e8. Re�t for P�npo�l (RFP�
runnber; Nn� ta 81d (IFB) �aa� gtant a�nro�a�r�nt number; the aonha� gr�t, cr wan �a �aut�er, u,e a�@�fp�Oposet
oo�+o{ numDer�DY �ef�r� �n�. k�e P�coes. e�.. �•
8 Fm� a aovared Fedaial aWon wltre fiere has been �t awatd ar laan �K bp 9fe Federal a��u.y, eMer 8�e Feda� mrawG of C�e
&w�dila�l oonurx�diottlmp�ieer�h' Ide�tllBed tn �ean4 at5.
�a �e� r� ere nar �e. �. c�y+. � smd zip code of tlte lobbyle8 �r � t►Y ��P��9 e�lY � In Item 4 to
inaue�e �e oo,rerea F�at amon.
(b) 6�r 9ia rw,� � the o�dvidual(s) per600r�g setv�oes. and uxhrale n� address u�tre�aUom 10 (a} Er�E� Last P[snre. Flrst
Nems. �d M'id�e �a11M1}.
19 EMer B�e amamtat a�r�n Paid ar �a�►sxpe�ed b be Paid E9+ ��9 �Y (�em 4) to tlre t�bp� ea�t1Y (�n 70}
lad�ete taP�e' tl1e papnere�d has b�n mSdB (SCU1a1) or tv91 be made (planl►e�. Cfiedc a9 baooes mat apply. IE S� 3s a n�! d�a
cepat, e�UieaclxdaNueemaedafP�n�ade apims�ed�o be r�de.
12 Chedc B1a �e b�Qes� qeeckaB baoaes tl�at �r. it paynnard �s made Uuough � 6ridnd �� �eo�yfie naUse and valae
of tlte eNdnd p�ntet�.
13. t�tedt!►s�6wQe�p. Checka80maasQratapply. Nother,speaTynadae.
t4 Pmvlde a sped8c �d de�'lad d�a�an a�tlie savices @�at8se bb�st fns per[aim�, or wAI be eo�eCEad tD R�R �d fie date(s} �
arry � tendeied. Nd�de efl p[sparaEw�+mtd rela6ed ac6l�ily, rrotp�st dma spen2 fn aCus1 owda�w@h Fe�at �. ide�ly tlte
Federai c�s) �e,�ayee{s) � orQie c�(s� emptoyae(sb a�is) of Oor� 8�atwere ao�d
75. d�edcvdmQ�er�ndtSFaJ.L,P1�n�s)�a�d.
96. The oe�6(y5g oflioiel �ali sign and dete ths ta�m, A�ldslharnama. �le. snd belephone �
Rubtic repoNng burdan ku fhe oo�tia� of iMam�tiOn is esthnaDed to avarage SO mfmrtes yer r�onse, ir� time tor �ev�wir�
lnsbudlons, s�fdAg wdsUng data �urces. 9athmirt9 and ma3rtei�dt� 4te dafa neeQed. and �r�g at�d � ttre aol�lon of
�. Send eaarur� �egmdh� tlte bwden eslUrrate W arpr ofher asp� ot this �� k�armaQan. ln,iudl� s�gasHons 6of
�ed�dng tids braden, oo @m (�e of Mer�rd mid 8adget Pa�anvcttc R� A�ject (03d8-0Q467� Wa�DOn, D.C. 20603.
tNctam�om ato�boN�raoduaNbr�o Fa[e�d Fomo.oia
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Di3CLOSURE OF LOBBYiNG ACTIVITtES � tryON �
CONTINUATlON SHEET
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CONTRACT CLAUSE
NEW itESTRICTIOlY5 ON LOBBYII�TG
This c�ntract, �� ar subgrant is sublect to seciion 319 of Pu6lic Law 101-12 t, wluch
added sedion 1352, regarding lobbying res�rictions, w chapter 13 af title 31 of the United States
Code. The new sechon �s explsined in the oommon raie,l5 CFR Part 28 (55 FR 6736-6748,
Z/26/9Q). Each MdderrJappficant/recipient of fhis contract, subcomtract, or subg�ant aad
subracipients are generally prolubited fram nsing Rederal fuads for lobbying the Executive or
Le$islative Braaches of the Federal Goverameat in coimection with flns Av►►ard.
Contract Clause Threshold
This Cont�act Clause regarding lobbying must be included in each applicat�on for a subgrant and
in each bid far a cantract or subctiatract exceediag $140,Q00 of Federal fimds at any tier under
the Federal Award
Certifica�ian and Disclosar+e
F.ach apgIicant/recipient of a subgrant and each bidder/applicaat/tecipieat of a c�act or
subcantract excxedmg $100,Q00 of Federat fimds at aay tier under ihe Federal Awazd nmst fite a
"Csrtification R�gacding Lobbyiag" and, if applicable, Standard Fo�-LtL, °Disclosure of
Lobbying Act�vit�es," �azding the use of mry noafedaal fimds for lobbying. Certifi�tions sl�lt
be retained by the next htgher tia. All diacloseu�e forans, however, shall be forvvarded from tier to
tier until rececved by the Recipient of the Federal Awar+d {graat), who s�all forwazd all disclasure
forms to the Fedetat age,ncy.
Contiauin�nisclasure Renu�x+ement
Each snbgraabee, contractor, aor subconhactar dtat is subject to t�►e Cectification and Disclos�u�e
provision of dris Contract Clause is iequired to fle a disclosune form at the �d of each caleadar
qvarCer in wbic� there oaaus aay event tl�t req�nes d�cta�u+e or that mateaiatly a�ects tb.e
scceuacy of the informatian c�ined in auy dlsclosur+e faim previousty file� by sach person
Disclosure formg shalt be farw•arded Erom tier t� tier until received by the Recipient of the
Federal Award (�ant), who sl�all fo�ward all disclosu�re forms to the Fetleral age�cy.
Indian Tnbes. Tnbai Or�ams. or Utt�er Indian 'ons
Indian �tbes, tnbai organizatians, or any oth� Indian orgaaizations, iaciudmg Aiaskaa Nariv�e
osganizattons, are excladed from the above lobbying t+estricttons aad reporting requir�ents, but
oaly wit�► respect to expendit�es that aie by such tii'bes or organizations f�or tobbyiog activities
permibbad by oii�ea Fadeial law. An Indian tcibe aar arganization that is seelaiug an e�oclusion from
Cert3fic�tion aad Disclo� r�nents must provide (preferably in an attomey's opinion)
EDA with the citation ofthe provision or pmvisionc of� lerai Iaw upon witich it relies to
conduc.t lobbqiag acttvities mat would arthetvvise be subject to the prohibitions in and t� the
Certification and Disclosuc�e requiremeats of section 319 of Fublic Law No. i01-121. Note, also,
that a non Indiaa subg�+ntee, co�r�cEor, or saboomhador �naler an award {graat) to an Iadian
tribe, for example, is �bj�t to Ste r�ictiams and i'ePortmg requiremea�ts.
�c���• � �
U. S. DEPARTN�NT OF CONIlVIERCE
ECUNOMIC DEVEL4PMENT ADNIINISTRATIUN
EDA CONTRACTING PROVISI4NS
FOR CONSTRUCTION PRUJECTS
These EDA Contracting Provisions for Consuuction Projects (EDA Contracting Provisions) are
intende� for use by recipients rec�eiving federal assistance from the U. S. Department of
Commerce - Economic Development Administrafion (EDA). They contain provisions specific to
EDA and other federal provisions not normally found in non-federat contract documents. The
requirements contained herein must be incorporated into alI coxistruction contracts and
subcontracts fimded wholly ar in part with federal assistance from IDA.
Economic Development Admimstration
Cfln�g Provisiaas for Construc�on Projects
����� �
TABLE OF CONTENTS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
ll.
12.
I3.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
2b.
27.
28.
Defmidons
Apphcability
Federally Requtred Contract Prov�sions
Reqwred Provisions Deemed Inserted
Inspection by EDA IZepresentatives
Exammation and Retention of Cantractor's Records
Construction Schedule and Penodic Estimates
Contractor's Tide to Material
Inspection and Testing of Materials
"OR EQUAL" Clause
Patent Fees aad Royaities
Claims for Extra Costs
Contractor's and Subcon�actor's Insurance
Contract Secunty Bonds
Labor Standanis - Davis-Bacon and Relatsd Acts
Labor Standards - Contract Work Hours and Safety Stanc�ands Act
Equsl Emplayment Opportuaity
Contrachng wit� Small, Ni'inority and Women's Businesses
Health, Safety and Accident Prevention
Conflict of Interest and O�er Prohibited Interests
New Restrictions on Lobbying
�Iistorical and Archaeological Data Preservation
Clean Air and Water
Use of Lead-Based Paints on Residential Stiuch�res
Energy Efficiency
Environmental Requirements
Debarment, Suspension, Ineligibility and Voluntary Exclusions
EDA Project Sign
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Economic Deveiopme�t Adovinishation
Contraciing Provissons for Cansiracaon Pro�e�ts
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Agreement — The written instrument that is evidence of the agreement between the Owner and
the Contractor overseeing the Work.
Archttect/Engcneer - The person or other enti#y engaged by the Recipient to perfortn
architectural, engineering, design, and other services related to the work as provided far in the
confract.
Contract — The entire and integrated written a.greement between the Owner and the Contractor
concenung the Work. The Co�tract supersedes prior negotiations, represent,�tions, or
agreements, whether written or oral.
Contract Documents — Those items so designated in the Agreement. OFily printed or hard copies
of the items listed in the Agrreement are Coniract Documents.
Contractor — The individual or entity with whom the Owner has entered into the Agreement.
Drawings or Plmrs — That part of the Coniract Documents prepared or approved by the
Architect/Engineer tha.t graphically shows the scope, extent, and character of the Work to be
performed by the Contra�tor.
EDA - The United States of Axnerica acting tbmugh the Economic Development Administration
of the U.S. Department of Commerce or any other person designated to act on its behalf. EDA
has agreed to parovide financial assistance to #he Owner, wluch includes assistance in financing
the Work to be performed under this Contract. Notwithstandu�g EDA's role, nothing in this
Contract shall be constcued to creaxe any coatractuat relationship betwe�n the Coniractor and
EDA.
Owner — The individual or entity with whom the Contractor has entered into the Agreement and
for whom the Work is to be perFormed.
Project — The total c�nstraction of which the Work to be performed under the Contract
Documents may be the whole, or a part,
Recipient - An entity receiving Federal financial assistance from EDA, including any EDA-
approved successor to the entity.
Spec�canons — That part of the Contract Documen� cons�sting of written requirements for
materiats, equipment, systems, standards, and wori�anship as applied to the Work, and certain
administrative requirements and proc�durai matters applicable thereto.
Subcontractor — An individual or entity having direct contract with the Coniractor oz with any
other Subconfira�tor for the perfozmance of a part of the Work at the Site.
Es�nomic Devetopment Adm�is�ahon
Cumhac�xng Provssions for Conshuction �'mjects
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Work — The enfiire construction or the various sepazately identifiable parts thereof re�qlured to be
provided under fhe Contract Documents. Work includes and is the resuit of performing or
providing all labor, services, and documentation necessary to produce such construction and
furnishing, installing, and incorporating all ma.terials and equipment into such consrtruction, all as
required by the Cantract Documents.
2. APPLICABILITY
The Project to which the construction work covered by this Contract pertains is being assisted by
the United States of America thmugh federal assistance provided by the U.S. Department of
Commerce - Economic Development Administration (EDAj. Neither EDA, nor any of its
departments, entities, or employees is a party to this Contract. The following EDA Contracting
Provisions are included in this Contract and all subcontracts or related insttvments pursuant to
the provis�ons applicable to such federal assistance from EDA.
3. FEDERALLY REOUIItED C4NTRACT PROVISIONS
(a) Administrative, contractual, or legal remedies in instances where contractors vioiate or
breach contract terms, and provide for such sanctions axid penatties as ma.y be appmpriats
(Contracis more than the simplified acquisition threshold - currently fixed at $100,40Q. See 41
U.S.C. 403(11}).
(b) Termination for cause and for convenience by the Re�ipient including the manner by which
it will be effected and the basis for settlement (all contra+cts in excess of $10,00U).
(c) Comphance with Executive Order 11246 of September 24,1955, Equal Employment
Opportimity, as amended by Executive Order 11375 of October 13,1967 and as supplemented
by Department of Labor regulations at 41 C.F.R ch�ter 60 (applicable to all constiuctian
cantracts awarded in excess of $10,000 by recipients of federal assistance and their coniractors
or subrecipients}.
(d} Compliance with the Copelaud "Anti Kickback" Act (18 U.S.C. § 874) as supplemented by
Deparhnent of Labor regulations at 29 C.F.R part 3(all contracts and subgran#s for construction
or repair).
(e) Compliance with the Davis-Bacfln Act (40 U.S.C. § 3145) as supplemented by Department
of Labor regulations at 29 C.F.R part 5(construction contracts in excess of $2,0(}0 awarded by
Recipients aud subrecipients}.
( fl Compliance with sections 103 and 107 of the Contract Work Hours and Safeiy Standards Act
(40 U.S.C. §§ 327-330) as supplemented by Deparlment of Labor reg�tations at 29 C.F.R. part 5.
(construction contra.cts awazded by Recipients and subrecipients in excess of $2,000, and in
excess of $2,500 for other coatracts which involve the employment of inechamcs or taborers)
(g) EDA requirements and regulations pertaining to reporting.
Economic Developm�t Administration
Contractmg Pmvisions for Construdion Pmjects
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(h) EDA requirements aad regulations pertawing to patent rights with respect to any discovery
or invention which �rises or is developed in the course of or under such contract.
(i) EDA requirements azed regulations pertaining to copyrights and rights in data
�) Compliance with all applicable standards, orders, or requirements issued under section 346 of
the Clear Air Act (42 U.S.C. § 7646), section SU8 of the Clean Water Act (33 U.S.C. § 1368),
Executive Order 11738, Providing for Administration of the Clean Air Act and the Federal
Water Pollux�on Control Act With Respect to Federal Contracts, Grants, or Loans, and
Environmental Protection Agency regulations at 48 C.F.R part 15 (applicable to contracts,
subcontracts, and subgrants of amounts in excess of $ 100,000).
4. REOUIRED PROVLSIONS DEEMED INSERTED
Each and every provision of law and clavse required by law to be inserted. in this contract shall
be deemed to be inserted herein and the contract shall be read and enforced as though it were
included herein, and if through mistake or otherwise any such provision is not inserted, or is not
coaectly inserted, tben upon the application of either party the contract sha11 forthwith be
physically amended to make such insertion of correction.
5. 1NSPECTION BY EDA REPRESENTATIVES
The authorized representa�,ives and agents of EDA shall be permitted to inspect all work,
materials, payrolls, personnel records, invoioes of materials, and other relevant dat� and records.
b. EXAMaNATION AND RETENTION OF CONTItACT4R'S RECORDS
(a) The Owner, EDA, or the Comptroller General of the United States, or any of their duly
authonzed representaiives shall, generally until three years after final payment under this
contract, have access to and the right to examine any of the Contractor's directly pertinent books,
docwnents, papers, or other records invotving transactions related to this contract for the purpose
of malang audit, examin�tion, excerpts, and transcriptions.
(b} The Con�actor agrees to include in fust tier subcontracts under this contract a clause
substantially tlie same as paragraph (a) above. "Subcont�rract," as used in this clause, excludes
purchase orders that do not exc�ed $10,000.
(c) The periods of access and examination in paragraphs {a) and (b) above for records relating to
(1) appeals under the dispate.s clause of this contract, {2} litigat�on or settlement of claims arising
from the perfarmance of this cont�ac� or (3) costs and expenses of this contcact to which the
Ovmer, EDA, or Comptroller Generat or any of their duiy authorized rep�sen.tatives has taken
exception shall continue imtil disposition of such appeals, litigation, claims, or exceptions.
E�tmoauc Development Administ�a�ion
Coahactmg Provisi�ns for Const�uc�ion Pnajects
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7. CONSTRUCTiON SCHEDULE AND PERIODIC ESTIMATES
Immediately after ex�ution and delivery of the contract, and before the first partial payment is
made, the Contractor shall deliver to the Owner an esti�mated construction progress schedule in a
form satisfactory to the Owner, showing the proposed dates of commencement and complet�on
of each of the various subdivisians of work required under the Contract Documents and the
anticipated amount of each monthly payment that will become due to the Contractor in
accordance with the progress schedule The Contractor atso shatl fumish the Owner (a) a
detailed estimate giving a compiete breakdown af the coniract price and (b) periodic itemized
estimates of work done for the purpose of making partial payments thereon. The costs employed
in making up any of these scheduies will be used only to determine the basis of partial payments
and wili not be considered as fixing a basis for additions to or deductions from the contract pnce.
8. CONTRACTOR'S TITLE TO MATEItIAL
No matenals, supplies, or equipment for the work shall be purchased by the Contiactor or by any
subcontraator that is subjec# to any chattel mortgage or under a condrtional sale contract or other
agreement by which an interest is retained by the seller. The Conlractor warrants and guarantees
that he/she has good title to a11 work, materials, and equipment used by him/her in the Work, free
and clear of all liens, claims, or encumbrauces.
9. INSPECTION AND TESTING OF MA'i'F'RiAT.S
All materials and equipment used in the completion of the Work shall � subj ect to adequate
inspe�tion and testing in accordance with accepted standards. The laboratory or inspechon
agency shall be selected by the Owner. Materials of construction, panc�ularly those upon which
the strength and durability of any structure may depend, shall be subject to inspection and testing
to establish confermance with specifications and suitability for int�ended uses.
10. "OR EUUAL" CLAUSE
Whenever a material, article, or piece of equipment is identified in the Contrac# Documents by
reference to manufacturezs' or vendors' names, trade names, catalogue numbers, etc., it is
intended merely to establish a staadard. Any material, azticle, or equipment of other
manufacturers and vendors that will perform adequately the duties imposed by the general design
will be considered equally acceptable gmvided the material, article, or equipment so proposed is,
in fihe opinion of the Architect/Engine�r, of equal substance and fimction. However, such
substitution material, article, or equipment shall not be pw�chased or installed by the Contra:ctor
without the Atchitec#lEngineer's written approvai.
11. PATENT FEES AND ROYALTIES
{a) Contractor shall pay all license fees and royatties and assume all costs incident to the use in
the performance of the Work or the incorporation in the Work of any invention, design, process,
product, or device t�at is the subject of pa�ent rights or copyrights held by others. ff a particular
invention, design, pror,ess, pmduct, or device is specified m the Contra.ct Doctunents for use m
Economic Developme�t Atimuus�on
Coa�ac�ing Provssions for Conshuction Project�
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the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use �s
subject to patent rights or copyrights calling for the payment of any license fee or royahy to
others, the existence of such rights shall be disclased by the Owner in the Contract Documents.
(b) To the fullest extent permitted by Laws and Reguiatians, the Contractor shall indemnify and
hold harmless the Owner and the Architect/Engineer, and the officers, directors, pm tners,
emplopees, agents, consultants, and subcontractors of each and any of them from and agamst all
claims, costs, losses, and da.mages (including but not limited to all fees and cbarges of engineers,
arclutects, attorneys, and other profess�onals �d all court or azbitration or other dispute
resolution costs) arisuig out of or relating to any infringement of pat�nt rights or copyrights
incident to the use in the performance of the Work or resultiag from the incarporation u► the
Work of any invention, design, process, praduct, or device not specified in the Contract
Documents.
12. C'.LAIMS FOR EXTRA COSTS
No claims for extra work or cost shall b� allowed unless the same was done in pursuance of a
written order from the Archit�x�/Engineer approved by the Owner.
13. CONT�tACT4R5 AND SUBCONTRACI'ORS INSURANCE
(a) The Contractor shall not commence work tmder this Contract untii #he Contractor has
obtained all insuranc� reasonably required by the Owner, nor shall the Contractor allow any
subcontractor to commence work on lus/her subcontract until the insurance required. of the
subcontractor has been so obtained and approved.
(b} Types of insurance nozmally required are:
{1} Workmen's Compensation
{2) Conbractor's Public Liability and Pmperty Damage
(3) Contractor's Vehicle Liability
(4) Subcantractors Public Liability, Properry Damage and Velucle Liability
(5) Builder's Risk (Fire and Exbended Coverage)
{c) Scape of Insarance and Special Hazards: The insurance obtained, which is described
above, shall provide adequate protection far the Contractor and hisJher subcon�actors,
respectively, against damage claims that may arise fram operations under this contract, whether
such operations be by the insured or by anyone directly or indirectly emplayed by him/her and
also against any of the special hazards that may be enc�untered in the �rformance of this
C�ntract
{d) Proof of Carriage of Insurance: The Contractor shall fumish the Owner with c�rtificates
showing the type, amount, class of operations covered, effective dates, and dates of expiration of
applicable insurance policies.
Econoauc Development Administration
Contracting Provisions for Cons�uction Pnojects
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14. CONTRACT SECURI'TY BONDS
(a) If the amount of this Contract exceeds $100,000, the Contractor shall feinush a performance
bond in an unount at least equal to one hundred percent (100%} of the Contract price as security
for the faithfizl performance af this Contract and also a payment bond in an amownt equal to one
bundred percent (l OQ%} of the Contract price or in a penat sum not less than that prescribed by
State, Territorial, or local law, as security for the payment af all persons performing Iabor on the
Work uuder this Contract and furnishing materiais in connection with this Conhac� The
perfoimance bond and the payment bond may be in one or in separate instru�ments in accordance
with local law. Before final acceptauce, each bond must be approved by EDA. If the amount of
this Contract does not exceed $100,000, the Owner shall specify the amount of the gayment and
performance bonds.
(b) All boads shall be in the form prescribed by the Contraet Documents except as otherwise
provided in applicable laws or regtxlations, and shall be executed by sach sureties as are named
in the cuccent list of Companies Holdmg Certificates of Authority as Acceptable Sureties on
Federal Bonds and as Acceptable Reinsuring Companies as published in Treasury Circular 570
(amended} by the Financial Management Service, Surety Bond Branch, U.S. Departrnent of the
Treasury. All bonds signed by an agent must be accompanied by a cer!lified copy of the agent's
authority to act. Sureiy companies exe�uting the bonds must also be aut�orized to hansact
business in the state where the Work is located.
15. LABOR STANDARDS - DAVLS-BACON AND RELATED ACTS
(as required by section 601 of PWEDA)
(a) Mmimum Wages
{l) All taborers and mechazucs employed or working upon the site of the Work in the
construction or development of the Project will be paid unconditionally and nat less often
than once a week, and wittwut subsequent deduction or rebate on any account (except
such payroll deductions as are permitted by regulations issued by the Secretary of Labor
under the Copeland Act at 29 C.F.R. part 3, the full amount of wages and bona fide fringe
benefits {or cash equivaients thereof} due at the time of payment computed at rates not
Iess t�an those conta.med in the wage deternunation of the Secretary of Labor, wIuch is
attached hereto and ma.de a part hereo� regardless of any contractual reiabonship t�at
may be alleged to exist between the Contractor and such lab�r�rs and mechauics.
Contributions made or costs reasonably anticipate� for bona fide fringe benefits under
Section 1{b)(2) of fihe Davis-Bacon Act on behatf of labore� or mechanics aze considered
wages paid to such laborers or mechanics, subject to the provisions of 29 C.F.R.
§ 5.5(a)(1)(iv); a1so, regvlar contributions made or costs incurred for more than a weekly
period (buE not less oft�n than quartezly) under plans, funds, or programs, which cover
the particulaz weekly period, are deemed to be const�uctiv�ly made or incunred during
such weekly period. Such Iaborers and mechanics shall be paid the appropriate wage rate
and fringe benefits on the wage deterimiaation for the classification of worlc actually
performed, without regard to skill, except as provided in 29 C.F.R. § 5.5(a)(4). Laborers
or mechanics perfomiing work in more than one classific�tion may be compensated at the
Ecflnamic Developme�nt Admin�s�ation
Contiactmg Provisions for Cons�uc(zon Prajects
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rate specified for each classification for the time actually worked thereui, provided that
the employer's payroll records accurately set forth the time spent in each classification in
which work is performed. The wage determinahon (includi.ng any additional
classification and wage rates determined under 29 C.F.R § 5 5(a}(1)(ii) and the Davis-
Bacon poster (WH-1321) sha11 be posted at all times by the contractor and its
subcontractors at the si#e of the work in a prominent and accessible place where it can be
easily seen by the workers.
(2) (i) Any class of laborers or mechanics to be employed uuder the Contract, but not
listed m the wage determination, shall be classified in canformance with the wage
determination. EDA shall appzave an additional classificadon and wage rate and fringe
benefiL� therefore only when the following criteria have been met:
(A) The work to be performed by the classification requested is not performed by
a classification ia the wage detezmination;
(B) The classification is utilized in the azea by the construetion iadustry; and
(C) The proposed wage ra1e, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage deteimination.
(ii) If the Contractor and the laborers and mechanics to be employed in the classific�tion
(if l�own), or their representatives, and EDA or its designee agree on the classificahon
and wage ra.te ('uicluding the amount designated for fringe benefits where appropria#e), a
report of the action taken shall be sent by IDA or its desigmee to the Administrator of the
Wage and Hour Division, Employment Standards Adminishation, U.S. Department of
La.bor, Washington, D.0 20210.
(ui) In the event the Contractor, the laborers or mechanics to be empioyed in the
classification or their representatives, and EDA or its designee do not agree on the
proposed classification and wage rate ('mcluding the amount designated for fringe
benefits, where appz+opriate), EDA or its design� shall refer the questiions, including the
views of all interested parties and the recommendation of EDA or its designee, to the
Administrator for determination.
(iv) The wage rate (including fringe benefits where a�propriate) determined pursuant to
paragraphs (a)(2)(n) or ('iii) of this s�tion, shall be paid to all workers performing work
in the classi£ication under this coutract from the first day on which wark is perfoimed in
the classification.
(3) Whenever the minimum wage rate prescribe�i in the coz�tract for a class of laborezs 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 ther�f.
Ecanomic Development Administiation
Conhac�ng Ptov�sions for Constr�uucdon Projects
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{4) 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 m providing bona. fide fiwge benefits under a plan or
program, provided, that the Secretary of Labor has found, upon the written request of the
Contractor, that the applicable standards of the Davis-Bacon Act have been met. The
Secretary of Labor may require the Contractor to set aside in a separate account assets for
the meeting of obligations under the plan or progrun.
{b) WitLLolding
EDA or its designee sha1l upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld from the Contractor
under this Contract or any other federal contract with the same prime Contractor, or any other
federally-assisted contract subject to Davis-Bacon prevailing wage r�uirements, which is held
by the same prime cont�actor so much of the accrued gayments or advances as may be
cflnsidered. necessary to pay laborers and mechanics, including apprentices, traine�s and helpers,
employed by the Contractor or any subcontractor the full amount of wages required by the
Contract. In the event of fail�e to pay any laborer or mechanic, including any apprent�ce, trainee
or helper employed or working on the site of the Wark in the construction or development of the
Project, all or part of the wages required by the Contract, EDA 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 fimds umii such violations
have ceased. EDA or its design:ee may, af�er written notice to the Contractor, disburse sach
amounts withheld for and on account of the Contractor or subcontractor to the respective
employees to whom they are due. The Comptroller General sha11 make such disbursements in the
case of direct Davis-Bacon Act contracts.
(c) Payrolls and basic records
(1) Payrolls and basic re�ords relating thereto shall be ma.intained by the Contractor
during the course of the Work and preserved for a peniod of three years ther�after for all
laborers and mechanics working at the site of the Wark in the construction or
development of the Projeet. Such records shall contain the name, address, and soeial
security number of e,ach such worker, lus or her correct classification, hourly rates of
wages paid (including rates of contributions or costs anhcipated for bona fide fringe
benefits or cash eqnivalents thereof of the types describe� m section 1(b) (2) (B) of the
Davis-Bacon Act), daily and weekly number of hours worked, derluctions xnade and
actual wages paid. Whenever the Secretary of Labor has found under 29 C.F.R §
5.5{a}(1}(iv) that the wages of any labarer or mechanic include the amount of any costs
reasonably anticipated in providing i�enefits under a pian or program described in section
1(b)(2){B} of the Davis-Bacon Act, the Contractor shall maintain records which show
that the commitment to prflvide such benefits is enforceable, the plan or pnogram is
financially responsible, and the plan or pmgram has been communicated in writing to the
laborers or m�hanics affected, and provide rec�rds that show ii�e costs anticipated or the
actual cost incurned in providing such benefits. Contraetors employing apprentices or
trainees under approved programs sha11 maiatain written evidence of the registration of
Economic Development Adminrstration
Contrachng Proviszons for Construchon Proj�ts
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apprenhceship programs and cerhfication of tra.inee programs, the registration of the
apprentices and trainees, and the ratios and wage rates prescribed in the applicable
progcams.
(2) (i} For each week in which Contract work is performed, the Con�actor shall subnut a
cogy of all payrolls to the Owner for transmission to EDA or its designee. The payrolls
submitted shali set out accurately and completely all of the uiformation requued to be
maintained under 29 C.F R part 5.5(a)(3)(i). This information may be submuitted in any
form desired. Optional Form WH-347 is available for this purpose. It may be purchased
from the Supenntendent of Documents (Federai Stock Number 029-005-00014-1), U.S.
Goverrtment Printing Office, Washington, D.C. 20402; or downloaded from tiie U S.
Depariment of Labor's website at www.dol.t�ov/esa/forms/whd/index.htm. The prime
Contractor is responsible for the submission of copies of payrolls hy all subcontractors
(ii) Each payroll submitted shall be accompanied by a"Statement of Compliance,"
signed by the Cantractor or subcontractor or ius or her agent who pays or supervises the
payment of the persans employed under the Contract and shall certify the following:
(A) That �Iie payroll for the payroll period contains the infarmation re�u�red to be
maintained under 29 C.F.R. § 5.5(a}(3}(i} and that such information is conect and
complete;
(B} That each laborer or mechanic (including each helper, apprentic�, and
trainee) employed on the Contract during the payroll period has been paid the full
weekly wages earned, without rebate, either directly or indirect�y, and that no
deductions have been made either dire�tly or induectly from the full wages
earned, o#her than peffiissibie deductions as set forth in 29 C.F.R part 3;
(C} That each laborer or mechanic has been paid not less than the applicable
wage rates and fringe benefits or cash equivalents for the classification of work
performed, as specifi� in the applicable wage determinatian incorporated into the
Contiac�
(iri} The weekly submission of a properly executed cerafication set forth on the reveise
side of Optionat Form WH-347 shall satisfy the requirement for suhmission of the
"Statement of Comphance" required by paragraph 14(c)(ii) of this section.
(iv) The falsification of any of the above certifications may subject the Comaractor or
subcontractor #o civil ar criminal prosecutaon under section 1001 of Title 18 and sectian
231 of Tide 31 of the U.S. Code.
(3) The Contractor or subconlractor shall make the records required under paragraph
14(c)(1) of this section availabie for inspection, copying, or transcription by authori�ed
r�presentatives of EDA or its designee or the Department of Labor, and shall pernut such
representatives to interview empioyees during working hours on the job. If the
Contractor or subcontractor fiails to submit the �+equired records or to make t�em
Econoauc Develo�unent Admmis�tion
Co�ractittg Provisions fi�r Construchon Pm�ects
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available, EDA or its designee may, after written notice to the Contractor or Owner, take
such action as may be necessary to cause the suspension of any further payment, advance,
or guararitee of funds. Furthern�ore, failure to submit the reqwred records upon request
or to make such records available may be grounds for debarment action pursuant to 29
C.F.R. part 5.12.
(d) Apprentices and Trainees.
(1) Apprentices. Apprentices wili be percnitted to work at less than the predetermined
rate for the work they performed when they are employed pursuant to and mdividually
registered in a bona fide apprenticeslup program registered with the U.S. Department of
Labor, Employment and Traini�ng Administration, Bureau of Apprenticeship and
Training, or with a State Apprenhceship Agency recogm��i by the Buresu, or if a person
is employed in Ius or her first 90 da.ys of probationaiy employmen# as an apprentice in
such an apprenficeslup program, who is not individually registereil in the program, but
who has been certified by the Bureau of Apprenticeship and Tra.ining or a State
Apprentic�slup 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 t4 the Cflntractor as to the
entire work force under the registered program. Any wozker listed on a payroll at an
apprentice wage rate wb.o is not registered or otherwise employed as stated above, shall
be paid not less than the applicable wage rate on the wage deteanination 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 pa.id
not less than the applicable wage rate on the wage deteimi.uation for the work actually
performed. Where a Contractor is performing constcuction on a Project m a locality other
than that in which its program is registered, the ratios and wage rates (expzessed in
percentages of the journeyman's hourly rate) specified in the Contractor's or
subcontractor's register�d program shall be observed. Every apprentic� must be paid at
not less �an. the rdte specified in tbe registered pmgram for the apprentice's level of
pmgress, expressed as a percentage of the journeymen hourly ra#e specified in the
applicable wage determination. Apprentices shall be paid fringe benefits in accordance
with the provisions of the apprenticeship pmgram. If ihe apprentices�hip program does
not spe,cify fiinge benefits, apprentices must be paid the full amount of fiynge benefits
listed on #he wage determination for the applicable classification If the Admiaistrator
det�rmines that a different practice prevaiis for the appiicable apprentice classification,
fringes shali be paid in accordance with that deternunation. In the event the Bureau of
Appreuticeship and Training, or a State Apprentic�ship Agency recognized by the
Bureau, withdraws appmval of an apprenticeship program, the Contractor will no longer
be permitted to utilize apprentices at less than the applicable predetermined rate for the
work performed until an acceptable program is approved.
(2} Trainees. Except as pmvided in 29 C.F.R § 5.16, trainees will not be permitted to
work at Iess than #he predetermined rate for the work performed unless they are employed
pursuant to and individuauy registered in a pmgram that has zeceived prior approval,
evidenced by formal certificatron by the U.S. Department of Labor, Employment and
Ecflnomic i?evelopment Admmi�ratian
Co�ac�ing Provisiflns £or Co�uc�ion Pm�ects
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Traimng Administration. The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the Employment and Trainmg
Administration. Every trainee must be paid at not less than the rate specified in the
appmved program for tb.e trainee's level of progress, expressed as a percentage of the
journeyman's hourly rate specified in the applicable wage determination. Trainees shali
be pald fringe benefits in accordance with Lhe provisions of the trauiee program. If the
trainee program does not mention fringe benefi�.s, trainees shall be paid the fall amount of
fru�ge benefits listed on the wage determinataon uniess the Admimstrator of the Wage
and Hour Division determines that there is an apprenticeship program associated wi#h the
corresponding journeyman wage raxe on the wage determination whitch provxdes for less
than full fringe benefits for apprentices. Any employee listed on the payroll at a tra.inee
rate who is not registered and participating iu a training plau approved by the
Employment and Training Administration shall be paid not tess than the applicable wage
rate on the wage determination for the ciassification of work actually performed. In
addition, any trainee perfoaning work on the job site ut excess of the ratio permitted
uader the registered program shatl be paid not less than the appLcable wage rate on the
wage determinahon for the work actually performed. In the event the Employment and
Training Administration withdraws approval of a training program, the Contractor will no
Ionger be permitted to utilize trainees at less than the applicable predetermined rate for
the work performed until an acceptable program is approved
(3} Equal employment opportunity. The utili�ation of apprentices, trainees and
journeymen under this pazt sb�all be in conformrty with the equai employment opportunity
requirements of Executive Order I 1246, Equal Employment Opporturaty, as amended,
and 29 C.F.R. part 30.
(e) Compliance with Copeland Anti-Kidcback Act Reqnfrements. The Contractor shall
comply wi#h the Copeland Anti-Kickback Aci (18 U.S.C. § 874 and 40 U.S.C. § 276(c)) as
supplemented by Deparm�ent of Labor regulations (29 C.F.R part 3, "Contractors and
Subconhactors on Public Buildings or Public Works Finaaced in Whole or in Part by Loans or
Grants of the United State.s"}. The Act provi.des that the Contractor aad any subconttactors shall
be pmhibited from inducing, by any means, any person emploqed in the canstruction,
completion, or repair of public facilities, to give up any part of the compensation to which they
ara otherwise eatitled. The Owner shall report all suspected or reported violahons to EDA.
( fl Subcontracts The Contractor and any subcontractors will insert in any subcontracts the
clauses contained in 29 C.F.R §§ 5.5{a)(1) through (10) and such other clauses as EDA or its �
designee may require, and also a clanse requirmg the subcontractors to include t�ese clauses in i
any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by �
any subcontractor or lower tier subcontra,ctor with all the conhact clauses in 29 C.F.R part 5.5. �
I'
(g) Contract ter�ination; debarnienk The breach of the contract clauses in 29 C.F.R part 5.5
ma.y be gmunds for termination of the contract, and for debatment as a Contractor and a
subcontracior as provided in 29 C.F.R § 5.12.
Econamic D�velopmea�t Admuustrahon
Conbracting Pmv�slons for Construction Projeds
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(h) Compliance with Davis-Bacon and Reiated Act Requirements. All rulings and
imerpretations of the Davis-Bacon and Related Acts contained in 29 C.F.R parts l, 3, and 5 aze
herein incorporated by reference in this contract.
(i} Dispntes concerning labor standards. Ihsputes arising out of the labor standards
provisions of this Contract shall not be subject to the general disputes clause of tius Contract
Such disputes shall be resolved in accordance with the procedures of the Department of Labor
set forth in 29 C.F.R parts 5, 6, and 7. Disputes within the meaning of this clause include
disputes between the contractor (or any of its subcontractors) and EDA or i#s designee, the U.S.
Department of Labor, or #he employees or theu representatives.
(j) Certification of Eligibility.
(1)By entering into this Contract, the Contractor certifies #hat neither it nor auy person or
firm that has an interest in the Contractor's fum is a person or fum ineligible to be
awarded Government contracts by virtue of section 3(a} of the Davis-Bacon Act or 29
C.F.R § 5.12(a)(1).
(2} No part of this Contract shall be subcontracted to any person or firm ineligible for
award of a Government contract by viriue of section 3{a) of the Davis-Bacon Act or 29
C.F.R § 5.12{a)(1).
(3) The penatty for malang false statements is prescribed in the U.S. Criminal Code, i8
U.S.C. § i001.
16. LABOR STANDAR.DS - CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT
As used in this paragraph, the terms "laborers" and `�echanics" include watchmen and guards.
(a} Overtime requirements. No Cflnhactor or subcontractor contracting for any part of the
Coutract work, wluch may r�uire or involve tbe employmeni of Iaborers or mechanics, sha11
require or peznnit any such labarer or mechanic in any workweek in which that person �s
emplayed on such work to work in excess of foriy 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 houxs worked in excess of forty hours in such workweek,
(b) Violation; liability for unpaid wages, liquidated damages. In the event of any violation of
the clause set forth in paragraph (a) of this section, the Contractor and any subcontsactor
responsibie therefore shall be liable for the unpaid wages. In addition, such Contractor and
subcontractor shall be liable to the United States (in the case of work done under conhact for the
District of Columbia or a tertitory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to e,ach individuai laborer or mechazuc,
including watchmen aad guartls, employed in violation of the clause set forth in paragraph (a) of
this section, in the sam of $10 for each calendar day on which such individaat was required or
Economic Development Admmistratian
Co�rac�ng Provisions far Construction Projects
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permitted to work in excess of the standard workweek of foriy hours without payment of the
overtime wages reqwred by the clause set forth in paragraph (a) of this sechon.
(c) 'Withholding for anpaid wages and liquidated damages. EDA or its designee shall upon
its own action or upon written request of an authorized representative of the Depa�rament of
Labor withhoid or cause to be withheld, from any monies payable on account of work performed
by the Contractor or subcontra.ctor under any such Contract or any other federal cantract with the
same prime Contractor, or any other federally-assisted contra.c# subject to the Contract Work
Hours and Safety Standards Act, which is held by the same prime Contractor such sums as ma.y
be determined to be necessary to satisfy any liabiiities of such Contractor or subcontractor for
unp�d wages and liqiudated damages as provided in the clause set forth in paragraph (b} of this
section.
{d) Subcontracts. The Contractor or subcontractor shall imsert in any subcantracts the clauses
set forch in paragra.phs (a} tbrough (c} of this section and also a clause requiring the
subcontractors to inciude these clauses in any lower tier subcontracts. The prime Contractor shall
be responsible for compliance by any subcontractor or lower tier subcontractar with the clauses
set forth in para.graphs (a} through (c) of this section.
17. EOUAL EMPLOYMENT OPPORTUNITY
(a} The Recipient hereby agrees that it will incorporate or cause to be incorporated into any
contract for construction work, or modificatian ther�of, as defined in the regulations of the
Secretary of Labor at 41 C.F.R chapter 60, which is paid for in whole or ia gart witli funds
obtained from EDA, the following equal opporiunity clause:
During the performance of this contr�ct, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national ongin. The Contractor will
take affumative action to ensur+e that applicants are employed, and that employees are
treated during employment without regard to �eir race, colar, religion, sex or national
origin. Such action shall include, but not be limite� to the following: Employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoffor
teimination; rates of pay or other forms of cflmpensation; and selection for training
mcluding apprenticeship. The Contractor agrees to post in conspicuous places available
to employees and applicants for employment notices to be provided sethng forth the
provis�ons of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employces placed by or
on behaif of the Contractc�r state that all quatified applicants will receive consideration
for employmeut without regard to race, color, religian, sex, or national origin.
(3) The Contractor will send to each Iabor union or representative of workers with which
it has a collecdve bargaining agreement or other contcact or understanding a notice to be
provided advising the said labor union or workers representatives of the Contractor's
F.cunomic Developme�t Adm�nistration
C,omhac�c�g Provisions for Cons�vc�on Projects
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commitments hereunder, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment
(4} The Contractor will comply with all provisions of Executive Order l 1246 of
September 24, 1965 and of the rules, regulations, and relevant orders of the Secretary of
Labor.
(5} The Contractar will fiunish all infarmation and reports required by Executive Order
1124b of September 24,19b5, and pursuant to rules, regulations, and orders of the
Secretary of Labor and will permit access to its books, records, and accounts by the
Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
(6) In the event of the Contracto�'s noncompliance with the nondiscnmination clauses of
this Contract or wi#h any of the said rules, regulations, or orders, this Contract may be
canceled, t�;rminated, or suspended in whole or in part and the Conhactor may be
declared inehgible for ftu�er Government contracts or federally-assisted construction
contracts in accordance with procedures authorize� in Exe,cu�tive Order 1124b of
September 24,19b5, and such other sanctions may be imposed and reznedies invoked as
provided in Executive Order 11246 of September 24,19b5, or by rule, regulahons or
order of the Secretary of Labor, or as otherwise provided by law.
(7} The Cantractor will include the portion of the sentence inamediately preceding
paragraph 17(a) {1) and the provisions of paragraphs 17(a)(1) through (� in every
subcon�rac;t or purchase order unless exempbed by rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 204 0€ Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The Contractor will take such action with respe,ct to any subcontract or purchase
order as IDA or the Se�retazy of Labor may dueet as a means of enforcing such
provisions, inctuding sanctions for noncompliance. Provided, however, that xa the event
the Contractor becomes involved in or is threatened with litigation with or by a
subcontractar or vendor as a resuit of such direction by EDA or the Secretary of Labor,
the Contractor may request the United States to e�rter into such lidgation to protect the
interests of the United States.
(8} The Recipient fiuther agrees that it will be bound by the above equal opporhinity
clause with respect to its own employme� practices when it participates in federaily-
assisted construction work. Provid�, however, that if the Recipient so participating is a
State or local government, the above equal oppor�unity clause is not applicable to any
agency, instcvmentality, or subdivision of such government that does not panc�ipate in
work on or under the Coniract
(9) The Recigiern agrees that it will assist and cooperate actively with EDA and the
Secretary of Labor in obtainiag the compliance of contractors and subcontractors with the
equal oppornmity clause and the rules, regulations, and relevant orders of the Secretary of
Labor, that it wsll furnish EDA and the Secretazy of Labor such infoanation as they may
F.�onomic Development Admimstration
Con�a�ng Pn�vss�ans for Gans�cuction Projeds
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requue for the supervision of such compliance, and that rt wilt otherwise assist EDA in
the discl�arge of the EDA's primary resgonsibilrty for securing compliance.
(10) The Recipieut f�u�ther agrees that it will refrain from entering into any contrac# or
contract modification subject to Exe�utive Order 11246 of September 24, 1965, with a
Contractor debarred from, or who has not demonstrated eligibihty for, Government
contracts and federally assisted canstruction contracts pursuant to the Executi.ve order
arid will carry ont such sanctions and penalties foz violahon of the equal opportwuty
clause as may be unposed upon contractors aild subcontractors by EDA or the Secretary
of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the Recipient
agrees that if it fails or refuses to cQmply with these undertakings, EDA naay take any or
all of the following actions: Cancel, terminate, or suspend in whole or in part tlus EDA
financial assistance; refrain from extending any further assistance ta the apphcant under
the program with respect to which the �ailure or refund occua�ed until sahsfactory
assurance of future compliance has been received fr+om such applican� and refer the case
tfl the Department o£ Justice for appropriate legal proceedings.
(b) Exemptians to Above Equa1 Opportuaity Clause {4I C.F.R chapter 60}:
(1) Contracts and subcontracts not exceeding $14,000 (other thaa Government bills of
ladin� are exempt. The amount of the Contract, rather than the aznoimt af the federal
financiai assistance, shall govern in determining the applicability of this exemption.
(2} Except in the case of subcorrhactors for the perfonmance of construction work at the
site of construcfion, the clause shail not be reqwreri to be inserted in subcontracts below
the second tier
(3) Contracts and subcflntracts not exceeding $10,000 for standard commercial supplies
or raw materials are exempt.
18. CONTRACTING WITH SMALL. MIN4RITY AND WOMEN'S BUSINESSES
(a) If the Contaactor intends to let any subconhacts for a portion of the work, the Contractor
shall take affumafive steps to assure that small, minority and women's businesses are used when
possible as sources of supplies, equipment, constraction, and services.
(b) Affirmative steps shall consist of
(1) Placing qualified sma11 and miaority businesses and women's business enterprises on
solicitation tists;
(2) Ensiuing that small and minority businesses and women's business enterprises are
solicited whenever they aze potential sources,
Economic Developmerrt Adm�mstratian
Contr�ng Pmvisions for Construchon Projects
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(3) Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minonty businesses and
women's bnsiness enterprises;
(4) Establishing delivery schedules, where the requu�ements of the contract permit, which
encourage participation by small and minority businesses and women's business
enterprises;
(5) Using the services and assistance of the U.S. Small Business Administra�xon, the
Minority Business Development Agency of the U.S Department of Commerce, and State
and local governmental small business agencies;
(6) Requiring each party to a subcontract to take the affirmative steps of this section; and
(� The Contractor is encouraged to procure goods and services from labor surplus area
firms.
19. HEALTH, SAFETY. AND ACCIDENT PREVENTION
(a) In performing this contract, the Corrtractor shall:
(1) Ensure that na labar�r or mechanic sha11 be required to work �n surroundings or
under working conclitions which are unsanitary, hazardous, or dangemus to their health
and/or safety as determined under construction safety and health standards promulgated
by the Secretary of Labor by regulation;
(2) Protect the lives, health, and safety of other persans;
(3) Prevent damage to property, materials, supplies, and equipmen� and,
(4) Avoid work interruptions.
(b) For these purposes, the Contractor shall•
(1) Comply with reguiations and standards issued by the Secretary of Labar at 29 C.F.R
part 1926. Failure to comply may result in imposition of sanctions pursuant to the
Contract Work Hours and Safety Standards Act (4Q U.S.C. § 3701— 3708); and
(2) Include the terms of this clause in every subcontcact so that such terms will be
binding on each subcontractor.
(c) Tl�e Contractor shall maintain an accurate record of exposure data on all accide�s incident to
work performed under this Conhact resulting in death, traumatic injiuy, occupational disease, or
damage to property, materiats, suPPlies, or equiPment, and shall report this data in the manner
prescribed by 29 C.F.R part 1904.
Economic I�velopment A�on
C.onbracting Provisions for Ca�uc�on Pirojeds
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(d) The Owner shall notify the Contra.ctor of any noncompliance with these requiremeirts and of
the corrective action required. This notice, when delivered to the Contractor or the Contractor's
representative at tlte site of the Work, shall be deemed sufficient notice of the noncompliance
and corrective action required. After receiving the notice, the Contract�r shall immediately take
corrective action If the Contra,ctor fails or refuses to take corrective action promptly, the Ow�ner
may issue an ozder stopping all or part of the Work until satisfactory corrective action has been
taken. The Contractor shall not base any claim or request for equitable adjustment for addifional
t�me or money on any stap order issued under these circumstances.
(e) The Contractor shall be responsible for its subcontractors' compliance with the provisions of
this clause. T�e Contractor shall take such action with respect to any subcontract as EDA, or the
Secretary of Labor shaU direct as a means of enforcing such provisions.
20. CONFLICT OF INT�REST AND OTHER PROffiBITED INTERESTS
(a) No off�ciai of the Owner who is authorized in such capacity and on behalf of the Owner to
negotiate, make, accep� or approve, or to take part in negotiating, making, a�epting, or
aPP�� �Y ���ctural� engineering, inspechon, constivction or material supply contract or
any su6contract in connection with the construction of the Project, shall become directly or
indirectly i�ntezested personally in this Contract or in any part hereof.
(b) No officer, employee, architect, attorney, engiaeer, or inspector of or for the Owner who is
authorized in such ca��acity and on behalf af the Owner to exercise any legislative, execuhve,
supervisory or other surular functions in connection with the constr uction of the Project, sha11
bexome dir�ctly or indir�ctly intereste3 personally in this Contract vr in any part thereof, any
matenal suppty contract, subcontract, in�„�,n� contract, or any ather contract pertaming to the
Project.
(c) The Contractor may not knowingly contract with a supplier or manufacturer if the individual
or entity who prepared the Contract Documents has a corporate or financiai af�iliation with the
supplier or manufacturer.
(d} The Owner's oi�icers, empioyees, or agents shall not engage ia the award or administration
of this Contract if a conflict of interest, r�i or apparent, may be involved. Such a c�nflict may
arise when: (i) the employee, officer or agent; {ii} any member of their immediate family; (ui)
their partaer or (iv) an organization that emplays, or is about to employ, any of the above, has a
financiat interest in the Contractor. The Owner's officers, employees, or agents shalI neither
solicit nor accept gratuities, favors, or anything of monetary value from the Contractor or
subcontractors.
{e) If the Owner finds after a notice and hearing that the Contractor, or any of t�e Contractor's
agents or representahves, offered or ga.ve gratuities ('ln the form of entertaiament, gifts, or
otherwise) to any official, employee, or agent of ifie Owner or EDA in an attempt to secure this
Contract or favorable treahnent in awarding, amending, or making any determinations related to
the performance of this Contract, the Owner may, 6y written notice to the Contractor, termina.te
this Conisact. The Owner may also pursue other rights and remedies that the law or this Contract
Economic Development Adminishation
Co�actiag Provisions for Constrvction Projecis
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pmvides. However, the existence of the facts on which the Owner bases such findmgs shall be
an issue aad may be reviewed in proceedings under the dispute resolution provisions of this
Contract
( fl In the event this Contract is terminated as pzovided in paragraph (e) of this section, the
Owner may pursue fhe same remedaes against the Contractor as it could pursue in the event of a
brea.ch of this Contract by the Contractor. As a penalty, in addition to any other damages to
w]uch it may be entitled by law, the Owner may pursue exemplary da.mages in a.n amount (as
determined by the Owner) which shall not be less than three nor more than ten hmes the costs the
Coniract4r incurs in providing any such gratuities to any such officer or employee.
21. RESTRICTIONS ON LOBBYING
(a) This Contract, or subcontra�t is subject to section 319 of Public Law 101-121, which added
section 1352, regarding lobbying resirictions, to chapter 13 of title 31 of the United States Code
The new section is explained in t�ie common rule,l5 C.F.R part 28 (55 FR 6736-5748, February
26, 1990). Each bidder under this Contract or subcontract is generally prohibited from using
federal funds for lobbying the Executive ar Legislative Branches of the Federai Government u�
connection wi� flus EDA Award
(b) Contract Clause Threshold: This Contract Clause regaraing lobbying must be included in
ea.ch bid for a contract or subcontract exceeding $1(}0,000 of federal funds at any tier under the
EDA Award.
(c) Certification and Disclosure; Each bidder of a conhact or subc�ntract exceeding $100,000
of federal fimds ax any tier under the federal Award must file Form CD-512, Certrfication
Regarding Lobbying, and, if applicable, Staudard Form-LLL, Disclosure of Lobbying Activitres,
regarding the use of any nonfederal funds for lobbying. Certifications shall be retai.ned by the
Coniractor or subcontractor at the aext higher tier. All disciosurE foims, however, shall be
forwarded from tier to tier until received by the Recipient of the EDA Award, who shall forward
all disclosure forms to EDA.
(d) Contiuuing Disclosnre Requirement: Each Contractor or subcflntractor that is subject to
the Certification and Disclosure provision of this Contract Clause is required to file a d.isclosure
form at 1�►e end of each calendar quarter in which there occurs any event that requires disclosure
or that materially affects the accuracy af the infoimabon contained in any disclos�e form
previously f�ed by such person. Disclosure forms shall be forvvarded from tier to t�er until
received by the Recipient of the EDA Award, who shall forward all disclosure forms to EDA
(e) Indian Tribes, Tcqbal Organizations, or 4ther Indian Organizations: Indian tribes,
tribal organizations, or any ot�er Indian orgauizahons, including Alaskan Native organizations,
are excluded from the above lobbying restr�ctions and reporting requirements, but only with
respect to e�nditures that are by such lribes or otganizations for lobbying activifies permitted
by other federal law. An Indian tribe or organizatian that is seeking aa exclusion from
Certification aad Disclosure requirements must provide EDA with the citation of the provision or
provisions of federal law upon which it relies to conduct lobbying a�ctivities that would otherwise
Economic Uevelopment Administration
CoNrachng Provis�ons for Cfl�structian Projects
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be subject to the prohibitions m and to the Certification and Disclosure requirements of section
319 of Public Law No 101-121, preferably through an attorney's opinion. Note, aiso, that a non-
Indian subrecipient, cantractor, or subcontractor under an award to an Indian tribe, for example,
is subject to the restrictions and reporhng requirements.
22. HISTORICAL AND ARCHAEOLOGICAL DATA PRESERVATION
The Contractor agrees ta facilitate the preservation and enhancement of s�fructures and objects of
histoncal, architeciural or archaeotogical significance and when such items are faund and/or
unearthed during the course of project constcucnon. Any excavation by the Contractor that
uncovers an historical or archaeologicai artifact shall be immediately reported to the Owner and
a representative of EDA. Construchon shall be temporarily halted pending the notification
process and further directions issued by EDA after consultation with fihe State Historic
Preservation Officer (SHPO) for recovery af the items. See the National Historic Preservation
Act of 1966 (SO Stat 915,16 U.S.C. § 4�0) and Executive Order No. 11593 of May 31,1971.
23. CLEAN AIR AND WATER
Applicable to Contracts in Excess of $100,000
(a) Definition. "Facility" means amy building, plant, installation, structure, muie, vessel, or
other floating craft, location, or site of operations, owned, ieased, or supervised by the Contractor
or any subcontractor, used in the performance of the Contract or any subcontract. When a
location ar site of operations includes more than one building, plant, mstailaiion, or stcucture, the
entire location or site shall be deemed a fac�ity except when the Administrat�r, or a designee, of
the United States Environmental Prote�tion Agency (EPA) determines that independent facilities
are collocated in one geographica! area.
(h) In compiiance with regulations issued by the EPA, 2 C.F.R, part 1532, pursuant to the Clean
Air Act, as amended (42 U.S.C. § 7441 et seq.}; the Federal Water Pollution Control Act, as
amended (33 U.S C§ 1251 et seq }; and Executive Order 11738, the Contractor agrees to:
(1) Not utilize any facility m tlae performance of this contract or any subcontract which is
listed on the EPA List of Violating Facilities pursuant to 2 C.F.R. part 1532 for the
duration of time that the facility remaws on the list;
(2) Pramptly notify the Owner if a facility the Contractor intends to use in the
performance of tlus contract is on the EPA List of Violating Facilities or the Contractor
knows that i# has been recommended to be placed on the Lis�
(3) Comply with all requirements of the Clean Air Act and the Federal Water Pollution
Control Act, including tlie requirements of section 1 I4 of the Cleaa Air Act and section
308 of the Federal Water Pollution Controi Act, and all applicable clean air and clean
water standazds; and
Economic Developmeat A�strat�on
Contracting P�visions for Const�uctlon Prfljects
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{4) Include or cause to be included the provisions of this clause in every subcontract and
take such action as EDA ma.y direct as a means of enforcing such provisions
24. USE OF LEAD-BASED PAINTS ON RESIDENTIAL STRUCTIJRES
{a) If the work under this Contract involves conslruction or rehabilitation of resident�ai
structures, the Contractor shall comply with the Lead-based Paint Poisoivng Prevention Act (42
U.S.C. § 4$31). The Cont�ractor shall assure that paint used on the Project on apphcable surfaces
does not contain lead in excess of the percentages set forth in Paragraphs (a) and (b) of this
section. In determining compliance with these standards, the Iead content of the paint sha11 be
measured on the basis of the total nonvolatile content of the pamt or on the basis of an equivalent
measure of lea.d in the dried fiim of paint atready applied.
(1) For paint manufactured after June 22,1977, paint may not contain lead in excess of 6
ono-hundredths of 1 percent (.400� iead by weig}�t.
(2) For paint manufactured on or before June 22,1977, pamt may not contain lead in
excsss of five-tenths of 1 percent lead by we�ght.
(b) As a condition to receiving assistance under PWEDA, recipienis shall assure that the
restriction against the use of lead-based paint is included in all contracts and subcontracts
involving the use of federal fuuds.
(c) Definitions
(1} "Applicable surfacss" aze those exterior surfaces which are readily access��le to
children under seven yeazs of age.
(2} "Residential structures" means houses, apariments, or other structures intended for
human l�abitation, includiag institutional structures where persans reside, which are
accessible to children under seven years of age, such as day care centers, intermediate
and extended care facilities, and certain community facilities
25. ENERGY EFFICICNCY
The Contractor shall comply with ali standar�s and policies relating to energy ef�ciency wluch
are contained in the energy conservation plan issued in compliance with the Energy Policy and _
Conservation Act (Public L No. 94163) for the State in which the Work under the Conh�act is
performed.
26. ENVIRONiV�NTAL REOITIItEMENTS
When constractmg a Project involving t�enching and/or other related earth excavations, the
Cantractor sball compiy with the following enviroamental constraints•
(1) Wetlands. When disposing of excess, spoil, or other cons�uction materials on
public or private pmperty, the Contrac#or shall not fill in or othervvise convert wetlands.
Economic Development Admmisha�on
Contracting Provisiams for Canst�uction Projects
����� �
(2) Floodplains When disposing of excess, spo�l, or other construction materials on
public or pnvate property, the Contractor shall not fill in or otherwise convert 100 yeaz
floodplain areas delineated on the latest Federal Emergency Management Agency
(FEMA} Floodplain Maps, or other appropriate ma.ps, i.e , alluvial soils on Natural
Resource Conservation Service (NRCS) So�l Survey Maps.
(4) Endangered Species. The Contractor shall comply with the Endangered Species
Act, which provides for the pmtec#ton of endangered and/or threatened species and
cntical habrta.t Should any evidence of the presence of endangered and/or threatened
species or iheir critical habitat be brought to the att�ention of the Contractor, the
Contractor wiA immediately report this evidence to the Owner and a representative of
EDA. Construction shall be temporanly halted pending the notification pmcess and
further direchons issued by EDA after consultation with the U.S. Fish and Wildlife
Service.
27. DEBARMENT. SUSPENSION. INELIGIBILTTY. AND VOLUNTA►R.Y
EXCLUSIONS
As required by Executive Order 12549, Debarment and Suspension, and implemented at 2
C.F.R part 1326, for prospective participants in lower tier covered transaotions (except
subcontracts for goods or services under the $25,000 small purchase threshold unless the
subrecipient will have a critical influence on or substantive control over the award), as defined at
2 C.F.R. part 1326.
{1) By entering into this Contract, aad iry further executing Form CD-512, the Contractor
and subcontractors certify, that nerther it nor its principals is presently debarred,
suspended, proposed for debarment, declared ineligibie, or voluntarily excluded from
participation in this Contract by any €ederal department or agency.
{2) Where the Contractor or subcontra�tors are unable to certify to any of the statements
in this certification, the Contractar or subconhactors shall attach an explanation to this
bid.
See a1so15 C.F.R §§ 14.13 or 24.35, as applicable.
28 EDA PROJECT SIGN
The Contractor shall supply, erect, and maintain in good condition a Project sign ac�ording to the
specificatians provided by EDA. To the extent practical, the sign should be a free standing sign
Project signs shall not be located on public highway rights-of-way. Location and height of s�gns
will be coordinated with the local agency responsible for highway or street safety in the Project
area, if any gossibility exists for obstructing vehicular h�c line of sigh� �Vhenever the EDA
site sign specifications conflict with State Iaw or Ioca1 ordinances, the EDA Regionai Director
will permit such conflicting specifica.tions to be modified so as to comply with State law or local
ordinance.
Econom�c Development Admmisttahon
Contractmg Ptov�sions fc�r Construchan Projeds
����� � �� �
EXHIBIT D- Signed Form of Proposal
Signed Form of Prnposal:
o Form of Proposal as completed by Combined Construction Inc.12 October
2011. Signed Proposal is herein attached (6 pages)
Exlubit D- Signed Form of Proposa�
PAftK & 4 S7REET— pHqS� 7Wp
Ct7Y OF $R9IAERTON
EDA Award Atc 07-01-08690
0
FORM OF PROPOSAL
Crty of 8rernetton f
Attn: C�ry S�ton
39S 6"' Sfreet� Su�e 6D0
8c�meRon� �in�t� 98337
PqRT ! - B!D PROPUSAt +
The undetsigned, havtn8 ca�'e�1(�► examc�ed the Confiact Daaimet� e�ied'City vf Br�erton
Flarrter at Garage Bsemer�on, Washingtion• as �relt as the s�e oi Ifie praposed wor�c, and be�g i�tniliar
w� aJl of the oo��ons aff�itng tF1e ccn�n of the P�ed Pml�L het�Y AroA�s io fumish ali
rabo,; mate�ials ar� sup� ana bo �ns� tne Prq�t a�d pertann an wioilc ss req�+�ed pj► ana fi strict
acca+dance wRtt ihe Caa�t �or�ne�s and ag addenda at E�e prke.s siat�d betow.
10�! BASE 81Q
The undersl,4rted �qrees !o ��e W�k descx�ed in �d as rt�`iai !a� aB addenda for the sum of
r Vf �acl�G+.Z `li..t41 �ur.a�_]
(Ptint DoOar ar�ow�t in sp�e abave) (Do rro� irt�tude Washin a �
9ton Stabe Sa�es T
Whid� Surh ie hereby de�gna�d 88se �d.
(Amoun! sl�ll be shown in bath vvords and f�ures ia c�se of �ency. the s�no+utt s�vt� in wotds
tar� goverrt,)
1.02 AI.TERNA7E 81DS tR0 NO'F' Ii�CU1DE WASNiNGTOK STATE SAI.ES 7'AX)
The �ntaiersigned Pro�oses #o pedorm �ork caNed fcr in tt�e tQllowmg a�ert�es as � in the
C�ntt� Oocx,en�ts, �r fl�e swrrs whkh ar�e tio I� �ded to or dedtuxed Trom the B�e �d as fotfows:
ALTERl�fATE No. — Norre �/
---�
9.03 t1NR PRICES (DO NOT �MCUIDE WASEfING'fON STA7E SALES TA7(j
UI�tTPRlCE [�a — NQeIE
! 04 CON7RACT
Ifi the �qid�sf8� � ac�ed of 1he aa�e af this pt¢�asai vv�n s�Cty (6p) da!►s of �e ttme � ior
1lre a�ing af tird�, fhe u�r�ed a9re� to ex�ttDe a�t�Ct f� the above Watfc, for $
��nFubed from the abovoe named sians.
t.t�5 71ME OF COMPLETION _
� in S weitE+�tt�� �+ru�d", ��tiapf► caupt� � i�k � that� �been
'(i� catat�r c�yrs after B�e daEe of"Nabice �� �
- ' PAGE i ^ -
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PARK & 4� STREE7 — PHASE'tiNp
CITY �F SREMER7'pW
�DA Au�rdrd N0. 07-tYl-fl659p
B�fder tras � Prefm►ir�rY ConsfrucZon Schsdule.
FOR911 OF PROPOSAL
� 1.06 REINSTA7�AENT Of UNACC�PTED At'B��iATES OR UAtIT PRI�ES
The u�ders�gr�ed further agreas that the Owner st�1f have Q�e r�ht to reinstate� at tt� bid �, any
al�rnats bid not 1r�porated IMo the Cararact � the Owner sa not+fies the Car�Lractor witlUn nirtety i�3
cetqtdar days aR� the s�ning of th� Co�ci
1.� ADDENDA �
Reatpt ofA�dettda ruunber�ed � fh�� Q ��, �,
i.�o �nrc�asu�s wm� n�E Btn -
_ f►. nda�vlecrgrr�r,r of Pti,►�st af Bidaer is �gr,ea ar,a nota�d ✓
�- At�avEt aF Non-Ca�sion is In�",.� ,�..
�y�� �3mS[�� �� �t��
s�e: ar sc� a��
�.�_+,�w �a��
c�r, sraae. z�
�h� 41o_y 33y
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�N�e�. �w��tj�� $�<<
Legal � of �ler
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- �aw►a�� � Ag��r
srat� of vY�h�,'''_
�� �n No.
��.����00
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: �� Warice�'s
�a-38w5'Z39
F�aT T�t tD 1�la —
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PARK 8� 4� b"!'REET .. PHASE TWO
lC1TY OF BRFIIAERTOtd
EDA Awarc! No. 07-01-�90
FORM OF PROPOSAt
(ACKKtdlOWLEDGIyyEiVT OF PRINCiPAL OF BlDDFR, iF A CORPflRATlOiV)
srate ot WGa� teit� �
County af S1tt�1�NU� ) ss
)
On mrs � Ft day cf �-�c+r , 20 l� l�ore me personaily came e� appeated
�� Y4o3 �rsas�ti� sk;oo �,1i �w 9t�z��� ��
IN VIRTNFSS WH£R�OF,1 have heramoo set my harai ana afi'ix�i my official seal the day and �r first
writoen aba�re. -
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. � ��
SMt � � —�G�i��� � �i/�� J
TADi!!�i t�R Pria�type Name
���� � t • �� No�ary pubTic fn and for the of Washing�n,
tesiding at
A�Y ePPoanta��t axPires �'7' 2DL,�
(ACKNOWLEDGMB�IT OF PRINCIPRL OF B10�ER, IF !el
�
Stabe of �
�� � } as
)
On this dey of . 20 b�ore me �iy came a�f ap�t+� �o rne
' k�f�m. and ta� to me b ae of tlte mernb�s cf 8ie itmn of. d�ed Irt med who �d the
_ ioregoin9 ms�ument. and edged �o me �tat he �xea�ted the same as and forihe xt and deed
tiFsaid fim.
1N WHER£OF, I have he�amto ser my t�ed and �'txed mq officaat seat tiu� day and year �'irst
simvc. .
_ PACiE - 3 _
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the corpora�n descnb� in �d which eaoacu�ed the to� ir�[rum� t�at i� k�s t� sea� of sa�d
corperaHorK that one of the impre�r�s adf�oced m s�d �tadltment is 2n �7rJ�qn of s�fi sea� that �
�S so at�ed by oider of the d�e�s of said �on; and lhat he sdgrted Ms r�ame 8rer�o b}+ i�CCe
ader'. ,
PARK 8� 4 STREET— PHASE TWO
CRY OF BR�9ERTON
�DA Auvar+d Na 07-0t-�590
(�af or Stamp}
FORM OF PROpOgqt,
Notary Signatune
Pritrt7!'ype Name
Not�ry Publio in and for the S�e cf Washingl�on,
m.�iding at
My appoicttrne,nt expires
(AClCAtOWLEDCMEtVT OF tNCiPAt OF BIDDER, iF A SOi� PROPRIETORSiflt�
b't�te of �
�
Coun�► of
On this�, �y pf ZO befa�e rne persor�a�y came and apgeared to rr�
. krbw�. and lcrtown fo me to !►e ane of the af the �n a� d� f� an� who � me
�� N�sUumenl. and he �wiedged � nte he exed�i the same aS and fortlle act snd deed
1N VVTt NSSS WAEREOF, I have 1�ttLO s�t sriy hand affixed my afficial seal8ie day and yeat first
writben�bove.
(Seal or S�mpj ' -
No�taiy Si�re \
—__._
Print/Type N�ne.
Notaty pub�ic in artd fo1'the
resid'utgat
My appoine�ent �
0
wasnm�t�, -
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PARlt & 4� STREET – Pi�IASE TWO
CtTY OF BREMER70N
EAA Award Ido 07-09-06590
AFFIDAVIT OF WON-COLLU510N
State aF W�hmqtcn )
) ss
co �ei�si. �
FORM OF PROPOSqL
being dufy swam, de�oses and seys, that he is the �de.ntic�1 persan who submifted !he fore9oi�9 P��
or bid, artd that such 6�f is ganwne and nat sh�rn or colfusn►e or made m the inte�est ot on behsfE of any
person not tl�reon named. and lurther, tl�at the d�onent tras nct dlr�tiy or indl�ly induoed or sok�Ded
any other Wdder a� 8ie foregoing wark er eqvipmem io pui m a ah�n b�d, or anY o�et Pe�rt or
c�a6on io refrain i�om bidd�g. and tdat depnnerrt l�as r�i, in arg' manner, �ht 6Y •oolEusion t�
secure tim�elf. ar to any ofher person, an adv�age ov� anyr other �idder � Bidd�s.
��
' {SEAL, IF 1NCORPORATED}
� _ �tr�+�w i�tih .St'�c.
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S�sr.r�ed �nd swam to befare me ttus��' �y � � . 20�.
��� otary' Ptd�Lc fi and fot t!� Slate of VtlaShit�bn, residh� at �(�,� �,-�',�
�7
��lUI � �
�Ar���.�ts •
mn�+ll+ eaoea�ed mu� acoontpar�y �t pn�posafs}
PAGE - 5
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PARK 8 4�"`'STREEi' _ pHpSF 1y110
ClT�f OF BREMERTON
EDA Av�ratd Alo. 0?-09 •Q659Q
PART �1- B1D PROPOSAI.
FORM OF PROPOSAL
Se,bcontracior L�sfin4:
Per RCW 39 30.OB0 Bids on Public Wnrl� — Subcontrattoes must be identifl� when
��y �on [o bid on a conicaCt that is expected tip c�ost one m��on do�ars
t$1.OQO�OOiI QO) ar mona ior the conslrttction, alteratton, or repaU o# ar►y pvbf[c buildt�g or
pvbiic wodt of the slste or a state agflncy ar snun�ity a� debrted undet RCVY
39.QqA90 ... shal� r�equ� each b�dder io submit ffis peri of the bid, or wi�sn one (1) +�our
aft� the pul�shed b(d subm�tat �ne, the n�nes of the �tttradors w$tj vrtwm tile
i�€dder. � awarded the aont�t, w�l subconiract far performa�ce of the woric ofi heatfig�
v�patan and �lr cond�n�g, plumbing as de.stxfier! in dtap�r i8.906 RCW, and
etech'ical as desca�be m chapter 1928 RCW, or ta rrame � t� �e work. T�he �
SI1aO �� 11IOP@ 1fMdR 0?�(�) SUbCO�hgC�CT � 89Ct1 C�2�01�10t YYOik Id�l�1, M�ESS
S1�OJ11�OT5 Yd� MV�It b� �t85, hi W28di CBSB 1fi@ �Q� t1iUS� IitdfCB�B WhlC�1
� W�� b@ U&E� fOt WfljC�l �R8(@. �811UfO Gf �18 �?�ddB� f0 S!�lRI� 88 �f Of
the bid if� nem� ot s�h subc:o�ractols ar � n�e �f ta pe�fotm such wotfc ot the
r�ng of i�ro �s'more sa�bco�ors ba petform the sa�t�e work sh�l t�er the biddet's
bid ��srve ar�a, tt�+efore, void . . . .
Fnn Narr�e
t) � tilYit
2 � .
3)
4)
De�tta�d VYorlc
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Name of BldderlPhm Sub g Bld
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ENd OF FORM OF PROPQSAL
PAGE - 6
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A
Alyce Fierro
From Brian Fyall [brian@loraxpartners com]
Sent. Monday, November 07, 2011 7 48 AM
To Alyce Fierro
Sub�ect Contract for Coultas
Attachments Coultas - Contract - brick veneer, ATT2642086 txt, Coultas - Contract - brick veneer pdf,
ATT2642087 txt, Exhibit A- with attachments pdf, ATT2642088 txt, Exhibit B- with
attachments pdf, ATT2642089 txt, Exhibit C- with attachments pdf, ATT2642090 txt, Exhibit D
- with attachments pdf, ATT2642091 txt
� � � � �� � �
Coultas - Contract - ATT2642086 bct �oultas - Contract - A1T2642087 lxt Exhibit A- with ATT2642088 txt Exhibit B- with
brick ven (68 B) brick ven (66 B) attachments p (66 B) attachments p
� '�'' � '�" �
ATT2642089 bct Exhibit C- with ATR642090 bct Exhibit D- with AT1Z642091 bct
(66 B) attachments p (66 B) attachments p (66 B)
See Contract for Coultas - brick veneer
Brian Fyall
Lorax Partners
101 Stewart Street, Suite 350
Seattle, WA 98101
Cell 206-718-6371
Email brian@loraxpartners com
Alyce
1
MEMO
TO:
FROM:
DATE:
SUBJECT:
Combined Construction, Inc.
Alyce Fierro, Project Assistant
360-473-5269
December 19, 2011
Fully Signed Amendment to:
Contract:
Planters, Park Avenue Plaza Phase II Parking Garage
Enclosed, for your records, please find your fully signed oa-iginal of Amendment #1 for the
above named contract.
Thank you,
�L� G�-�—t'�
Alyce Fierro
Enclosure
V
1 of 1
PUBLIC WORKS AGREEMENT
Amendment # 1— Planters at Barwell
AMENDMENT # 1 TO AGREEMENT, is entered mto between the Crty of Bremerton, a
Washmgton Mumcipal Corporation ("City"), and Combined Construction, Inc �("Contractor"),
whose maihng address is 4403 Russell Road Ste 100, Mukilteo, WA 98275
The parties agree to add the followmg paragraph to ' 12 Miscellaneous'
12. MISCE�.LANEOUS.
L Archaeolo��cal or histonc matenals NOTICE. If archaeological or histonc
matenals are discovered dwuig pro�ect activities, work m the immediate
vicimty shall stop, the area shall be secured, and the EDA, State Histonc
Preservation Officer, and Tnbal Histonc Preservation Officers of the
Suquamish, Squaxm Island, and Skokomish Tnbes shall be notified
IN WITNESS WHEREOF, the parnes below have executed this Amendment
CONTRACTOR
-�
ignature
Combmed Construction, I c �
Pruit N e� Z. SNN+ ��
Trtle �ta1�.z�
DATE IZ I t SI1 I
THE CITY OF BREMERTON
�
Signature
Print Name Patty Lent
Title. Mayor
DATE I� � � / � �I
PAGE-1-
Combmed Construchon — planters at Burwell EDA Award 07-01-06590
Amendment # 1