HomeMy WebLinkAbout5105Contract Number:
Vendor:
Sub�ect:
Department:
File Class:
Begin Date:
End Date:
Review Date:
Vault Date:
5105
SERPANOK
Park Ave Plaza PH II Garage Screening @ Burwell
Econ Devel
LEG 12-1
12/14/2011
4/30/2012
1/31/2012
2014
Comments: Complete 35 days after NTP
PUBLIC WORKS AGREEMENT
THIS AGREEMENT, is entered mto between the City of Bremerton, a Washington
Murucipal Corporation ("City"), and Serpanok Construction, Inc ("Contractor"), whose mailmg
address is 4519 S Orchard Street. Tacoma, WA 98466
The parties agree as follows
1. CONTRACTOR SERVICES. The Contractor shall perform the followmg Scope
of Work for the Ctty
A Provide labor, materials and associated equipment to install landscape screening
and parking stops for existing garage per attached drawings and specifications as
listed in Contract Documents see paragraph 13
B Note, existing garage has post tensioned cables embedded within concrete slabs
Protocol for drilling or coring in slabs is to include provide plan layout with depth
and d►ameter of holes to Brian Fyall for review and comment
C Note area will be occupied by other contractors completing work on garage, brick
veneer, landscape-planters - coordination of construction activities will occur
weekly between all General Contractors
2. '�'IME OF COMPLETION. Contractor shall complete the work withm 35 calendar
days from the date of issuance of the Crty's Notice to Proceed
3. COMPENSATION. The City shall pay the Contractor the total amount of $ Ninety
mne thousand nine hundred and fifty dollars ($99,950 00), plus any applicable Waslungton State
Sales Tax, for the work and services contemplated in this agreement The Contractor shall invoice
the City 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 mspection 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 m
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 retamage m 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 rts nght to wrthhold
payment from Contractor for any defective or unauthonzed work
PAGE-1-
Serpanok — Garage Screemng EDA Award 07-01-06590
4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times actmg as
an independent contractor and not as an employee of the City The Contractor shall secure at rts
expense, and shall be responsible for all payments of mcome tax, social security, state mdustnal
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, m connection with the contract services, mcludmg all
required licenses for Contractor's officers, agents, employees and sub-contractors
5. TERMINATION. The City may termmate tlus agreement at the convemence of the
Crty
6. PREVAILING WAGES. Contractor shall file a"Statement of Intent to Pay
Prevailmg Wages," with the State of Waslungton Department of Labor & Industnes pnor to
commencmg the Contract work Contractor shall pay prevailmg wages and comply with Chapter
39 12 of the Revised Code of Washington, as well as any other applicable prevailmg wage rate
provisions Davis-Bacon wage rates are to be used for this pro�ect The latest prevailmg wage rate
revision issued by the Department of Labor and Industnes is attached
7. CHANGES. The City may issue a wntten or oral work change directive for any
change m the Contract work dunng the performance of this agreement If the Contractor
determmes, for any reason, that a change order is necessary, Contractor must submit a wc7tten
change order request to the City's Special Pro�ect Admmistrator witlun two (2) busmess days of the
date the Contractor knew or should have known of the facts and events giving nse to the requested
change If the City determmes that the change increases or decreases the Contractor's costs or time
for performance, the City will make an equitable ad�ustment If the Contractor disagrees with the
equrtable 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 m
tlus section are followed if the City determmes that a protest is valid, the City will ad�ust payment
for work or time by an equitable ad�ustment No adJustment will be made for an invalid protest
A Contractor's Duty to Comnlete Protested Work In spite of any protest, the
Contractor shall proceed promptly with the work as the Crty 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 wrthm fourteen (14) calendar days of the occurrence of the events givmg nse to
the claims Any claim for damages, additional payment for any reason, or extension of time,
whether under this agreement or otherwise, shall be set forth m detail m wrrtmg and received by the
City within seven (7) calendar days from the date Contractor knew, or should have known, of the
facts giving nse to the claim
Contractor must, m any event, file any claim or bnng any suit ansing from or connected
with this agreement witlun 120 calendar days from the date the contract work is complete
9. WARRANTY. The Contractor shall correct all defects m workmanship and
materials withm one year from the date of the Contractor's acceptance of the City's final payment
PAGE-2-
Serpanok — Garage Screenmg EDA Award 07-01-06590
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 Crty The
Contractor shall begin to correct any defects withm seven (7) calendar days of its receipt of notice
from the City of the defect If the Contractor does not accomplish the corrections wrtlun a
reasonable time, the City may complete the corrections and the Contractor shall pay all costs
incurred by the City m order to accomplish the correction
10. INDEMNIFICATION. Contractor shall defend, indemmfy and hold the City, its
officers, officials, employees, agents and volunteers harmless from any and all claims, m�unes,
damages, losses or suits mcluding a11 legal costs and attorney fees, ansmg out of or m connection
wrth the performance of this agreement, except for in�uries and damages caused by the City's
negligence
The City's inspection or acceptance of any of Contractor's work when completed shall not
be grounds to avoid any of these covenants of mdemmfication
Should a court of competent �unsdiction determme that tlus agreement is sub�ect to RCW
4 24 115, then, m the event of liability for damages arismg out of bodily m�ury to persons or
damages to property caused by or resultmg 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
INDENINIFICATION CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY
UNDER INDUSTRIAL 1NSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS
INDEMNIFICATION THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY
NEGOTIATED THIS WAIVER '
The provisions of this sechon shall survive the expiration or termmation of this agreement
11. INSURANCE. The Contractor shall procure and mamtam for the duration of this
agreement, insurance against claims for mJuries to persons or damage to property that may anse
from or m connection wrth the performance of the Contract work by the Contractor, its agents,
representatives, employees or subcontractors
Before beginnmg the work on the pro�ect descnbed in this agreement, the Contractor shall
provide a Certificate of Insurance evidencmg
�
A Automobile Liabilitv msurance wrth limrts no less than $1,000,000 combmed
smgle limit per accident for bodily in�ury and property damage, and
B Commercial General Liabilitv msurance wntten on an occurrence basis wrth
limits no less than $2,000,000 combmed smgle limit per occurrence and
$2,000,000 aggregate for personal m�ury, bodily m�ury and property damage
Coverage shall mclude 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
PAGE-3-
Serpanok — Garage Screemng EDA Award 07-01-06590
C Endorsements m accordance with Right of Way permits
Any payment of deductible or self msured retention shall be the sole responsibility of the
Contractor
The City reserves the nght to receive a certified copy of all the required msurance policies
The City, rts officials, employees, agents and volunteers shall be named as an additional
insured on the msurance policy, as respects work performed by or on behalf of the Contractor and a
copy of the endorsement nammg the City as addrtional msured shall be attached to the Certificate of
Insurance
The Contractor's insurance shall contam a clause statmg that coverage shall apply
separately to each insured agamst whom claim is made or suit is brought, except wrth respects to the
limrts of the msurer's liabilrty
The Contractor's msurance shall be pnmary msurance as respects the Crty, and the Crty
shall be given tlurty (30) calendar days pnor wntten notice by certified mail, return receipt
requested, of any cancellation, suspension or matenal change m coverage
12. MISCELLANEOUS.
A Nondiscnminahon In the hinng of employees for the performance of work
under this Agreement or any sub-contract hereunder, the Contractor, its sub-
contractors, or any person actmg on behalf of such Contractor or sub-
contractor shall not, by reason of race, religion, color, sex, national ongm, or
the presence of any sensory, mental, physical disability, or sexual onentation
discnminate agamst any person who is qualified and available to perform the
work to which the employment relates
B Compliance with Laws Contractor shall comply wrth 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 rts 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 matenals, tools, or other anc�les �used or held for use in
connection with the work
D Nonwaiver of Breach The failure of the Crty to msist upon stnct
performance of any of the terms and nghts contamed herein, or to exerctse
any option herein conferred m one or more mstances, shall not be constructed
to be a waiver or relmquishment of those terms and rights and they shall
remain m full force and effect
E Governin� This agreement shall be governed and construed in
accordance with the laws of the State of Washmgton If any dispute arises
Serpanok — Garage Screening
PAGE-4-
EDA Award 07-01-06590
I
between the City and Contractor under any of the provisions of this
agreement, resolution of that dispute shall be available only through the
�urisdiction, venue and rules of the Kitsap County Supenor Court, Krtsap
County, Washmgton
F Attorney's Fees To the extent not inconsistent with RCW 39 04 240, m any
claim or lawsuit for damages arising from the parties' performance of this
agreement, each party shall be responsible for payment of its own legal costs
and attorney's fees mcurred m defendmg or bnngmg such claim or lawsuit,
however, notlung m this subsection shall limrt the City's nght to
mdemmfication under Section 10 of tlus agreement
G Wntten Notice All communications regardmg this agreement shall be sent
to the parties at the addresses listed on the signature page of this agreement,
unless otherwise notified Any wntten notice shall become effective upon
delivery, but m any event three (3) calendar days after the date of mailmg by
registered or certified mail, and shall be deemed sufficiently given if sent to
the addressee at the address stated on tlus agreement
H Assignment Any assignment of this agreement by the Contractor without
the written consent of the Crty shall be void
I Modification No waiver, alteration, or modification of any of the provisions
of this agreement shall be bmding unless in writmg and signed by a duly
authonzed representative of the City and Contractor
J 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 remaimng portion of this agreement and the
remainder shall remam in full force and effect
K Entire Agreement The wntten provisions and terms of this agreement,
together with any attached Exhibits, supersede all pnor verbal statements by
any representative of the City, and those statements shall not be construed as
formmg a part of or altenng in any manner this agreement This agreement
and any attached Exhibits contain the entire agreement between the parties
Should any language m any Exhibit to this agreement conflict with any
language contamed m 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
PAGE-S-
Serpanok — Garage Screenmg EDA Award 07-01-06590
IN WITNESS WHEREOF, the parties below have executed this agreement
Serpanok
Pnnt Nan
Title �
DATE � �L— I;� -- I �
Notices to be sent to:
CONTRACTOR
Serpanok Construction, Inc
4519 S Orchard St
Tacoma, WA 98466
(253) 573-1332
THE CITY OF BREMERTON
Pnnt N e t�' � l
Trtle
DATE �z �� � ` I I
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-
Serpanok — Garage Screemng EDA Award 07-01-06590
EXHIBIT A - Constructaon Documents
Documents.
o Plans and details "Garage Screen�ng @ Burwell' dated 30 September 2011- 6
sheets total
o Specificatton secqon 02870.
Exhib�t A - Title Page
� r,
,
E� Ob l3J 15tl3 413A31 MV2d.� -`
nsnaa
�....r.��_ _ -- ;_. . �.�� -- — — _ _ _—___. ,w
4�S90-iv-Lv °tY 4�M►� �la�
�=.�----�.� I
7
�)
0
�I
IXISTING
PARKING LOT
1�� .. �" . ` � �
� � � �/
�Dk A�W� NO • 0'I -O �- Dby�p
qUSTIMG
STRUCILRES
� �
hi��a�^x^'N'�LEV'��3EAST (EL31'-D`1
�
� ��.�L�-�.l�o��L�`�3dp-�,r�1-�G q-!5�
" '° ,.. - � "
� � `� "}';` MT'` f�+�',�� �+w'� s�`n- - pY 5f �x'��..'� r �x,� �� .,_ .. a ''$ s +u e ,�>, �_n, _.a-•-r i. -� ' r — r �r
_ �— � =�.'�._,. sc '�• =L ,s� ':" ' _ . =T' �r+,..`�x � i t -s . :�i y�?'h F R � F i x _ rY�_ ,.., a�.�� .. � ^ X., f wrx w�� _
"'"' +_:[" . . a.#cW _.. _ ._ �.3 __ h. E� i � _ `•C �.. i�? _ _ 5'x.,-.. , „r.�rm 4�S.uru,St . -
a
�
�� �� _' _'_ �-I� �1�cj��� ��
C _ �+..a�.rr.�..Y.r.i-a�— �'r �.�;�... _ ` _/� �� r . "�,.
—_ ��� _'
�� � ` '�T ' �' �
� _ .LS ✓ � ` ��
�
I I4� �' \ ,� ��
'�' � ' " % � ��J C ^ �. � �!
_�:13= � •' � .✓ i
'�' '� , � � �. `i
'-'1d Le�'e1 ParkrIIg Sareen (above lower dn�•e encryl
�
B' x 22' - 8" U-Channel S�een Support et 45° Angle
(attacF�ed at columns and to screens)
� 4 75' Betwegn 5cxeens TYP
�����
IJW DSCAPE SCAEEN - Upper
Br p� r�
SlruCtur�e
NOT TO SCALE
! 49" 7YP �
Cavar I.ova1 PeeWng prca Arlve E�hy
�I�Lt'�� � Qi ���
_ ��.r-.�-�-�____..�_ ���_�z.:._ -_--
�v �wA�� N a o� -o � • bb�qa �
�
w
�
0
m
'm
m
a
m
�
N
�
«
2 1 �
= ��� ���:��.��1�� N.��?�I�.��,. -
��1"���.-=�.= __- _.- ����a�� - _ _
�Ol� AwA�p nlo 07 -o y -�bS?o
-- ���1-�'�Utmk�!-�:.�t�a
LANDSCAPE SCpEEN
o`Q
0
.�
SCREEIV
SUPPpRT
� TQP DETAIL
,`�� aso�s
8° x 22' - 8" U-Channel Screen Support at 45° An le
(at�ched at colurms and ta screens w;th SS An�e
Aflacbment v�nfh holes lo be deiertraned by fabrlqlor)
sqcKSUPPORr
ro cNntuwe� a,
SCREEN pETAIL
�
��� A�.»��w.�
�'ifiiiat���
'� . .t':� — i•
KR���
� NOTE ALL FA37'ENSqS TD BH
916 STAINLESS STEEL
���,I�� -- --_
�:`!"' � � ; ; J - � c �► 1� ��rJ
:�'� ` .. . �', - _,,
r 1 • � � � � y � ,
I.ANDSCppE SCREEN
Bremerton
� Parkmg
Structure
OETAIL SPECIFlCATIO(YS
NOT TO SCALE
IIaa�7N//anl�WliK1
�MO�P�4 W �ella
46" iYP I /
2" Screen Elevatron
�
W
@
�
�
d
�
r
i
f/r �1 �� !"�/ O f�O i V���0
PART1 GENERAL
1 1 SECTION INCLUDES
A Parking Stop
B Landscape Screen
12 REFERENCES '
A ASTM A 36 - Standard Specifcahon for Carbon Structural Steel i
B ASTM A 123 - Standard Spec�fication for Zinc (hot-dip galvan¢ed) Coa�ngs on iron and ;
Steel Produc#s i
i
C ASTM A 53 - Standard Spec�fication for Pipe, Steel, Btack and Hot-Dipped, Zme-Coated, i
Welded and Seamless
13 SUBMITTALS
A Shop Dra.wings Provide full de#ailed shop drawings prior to fabricahon
1 4 QUALt'fY ASSURANCE
A �ontractor/Manufacturer Qualificat�ons Minimum of 5 years experience construction andlor
manufactunng producis for screernng or architectural covering of products simdar in nature
to b�d design
B instalfer Quatfications Mimmum af 5 years expenence assembl�ng and �nstalimg screenmg
and/or arch�tectural coverings
15 WARRANTY
A The structural mtegrity of all site furrnshings shall be warranted for a penod of 5 years f�am
date of defivery against defects �n materials and workmanship except for fimshes of any kind
PART 2 PROQUCTS ' I �
21 PR�DUCTS ,
A Par€ang Stop — Model # Burwell 827
1 14 x 15 3 channef '
2 25 x 6° square carbon steei tube with fuily welded flat top
3 5 x 7 5" x 15° HRS base plate
4 T316 statnless steei hardware, tamper res►stant where required
S Finish Hot d►p Gafvanized
02870-1
��4�+�aP� r� a7•o� o�a
B Landscape Screens — Modet # Surwell 415 and Madel # Burwell 4'i5-A
1, Screens McNichals SS/304 Techna 3155
2 Screen Frames 14 ga T304 Sta�nless Steel
3 Screen Lock Fiat 14 ga T304 stainless steel
4 T316 staintess steei hardware
5 Sta�nEess steel finish mill fin�sh
6 Mild stee! fin�sh. hot dip galvanized
PART 3 EXECUTION
31 IIVSTALLATIQN
A InstaEE m accordance with manufacturers mstructions
3 2 PROTECTION
A Protect installed producfs untd compfetion of pra�ect
B Touch-up, repair or replace damaged producfs before SubstantFal Compleron
EN17 OF SECTION
02870-2
EXI�llBIT B - General Requirements
General Requirements:
0 3 pages
Extxibit B - T�tle Page
PARK & 4'�'H SfKEET PHASE TWO
CITY OF BREMERTON GEIVERAL REQUIREMENTS
EDA Award No 07-OI-06594
General Requirements:
A, Price and Payment Procedures:
1. Schedule of Values.- Before 1� application for payment submit Schedule of
Values for approval. Schedule of Value should inciude all major work activitfes
and incIude labor and materfals.
2. Progress Payment Procedures - Contractor to provf de invoice to Br�an Fyall by
end of month, set up time for sit� walk through to confirm billing percentage
complete Contractor to include lien releases from pr�or month with subsequent
appIicattons.
3. Certified Payrolts are ta be provided at the end of each month.
B. Administrative Requfrements:
1. Project Coordinatfon- General Contractor is to coordinate scheduling, subm�ttals,
and work. General ContracCor to coordinate testing & inspection, utility
connections, Ciby inspection anc! final approval.
2. Project Meeting - Weekly construction meeting are to be held. General
Contractor to take and distribute notes. Agenda ta indude: three week look
ahead schedule; outsfianding RFI's and submittals; status of payments;
3. Constructlon Progress Schedule - Provide critical path schedule shawfng major
actfvit�es and m�lestones. Update schedule if critical path work fs behind my
more than 2 weeks.
4. Communicadons - Address all RFI's and Submittal to Brian Fyall. RF1's to be
numbered consecutfve, assume two week turn around for all RFI's.
5. Submittal procedure - Provide shop drawings and submittals as required by
Contract Documents, pravide 6 hard copies of drawings and 3 hard copies of
product informatioa. Where submittal is design-build provide engineered
st�mped drawing by registered engineer in tiie State of Washington
C. Quality Requirements
1. Regulator Requirements - Contractor to comply wiJi laws, ordinances, rules,
regulations as required by City oE Bremerton and the State of Washington in thQ
construction of the noted projecG
2. Quality Control - General ContracGor to maintain quality control over suppliers,
manufacturers, products, services, site conditions and worlananship to produce
specified quality.
3. Testing and inspechon - Owner will contract for special ir�spectton services for
geot�ech and construction testing and inspectian General Cont�ractor is to
coordinate inspection tlmes directly with inspechon agency.
D. Temporary Facflitles and Controis
1. Temporary udlities - General Contractor is responsible for all required
temporaiy utilfties (elecd�iral, fieiephone, water, sewer and storm run of�
Page 1 of 3 -�,� �
PARK & 4'!'� STREET PHASE TWO
CITX OF BREMERTOAI GENERAL RBQUIREMENTS
EDA Award No 07-01-06590
2. Field ofRces - General Contractor shall provide temporary field offices and sheds
are required to complete construction.
3. Vehicular and pedestrian traffic control - Provide safe and expeditious
movement of vehiculaur and pedestrian traffic on adjacent streets, alley and
sf dewalks. Pay for City uses fees as required by City.
4. Temporary bazriers and enclosures - Furnish, install and maintain suitable
security fencfttg and other protective and sheltering devices as required to
complete the work
5. Security - Protect premises kom entry by unautho�ized persons. Protect
completed work, stored product and construction equipment from theft and
vandalism
6. Temporary controls - Provide and maintain controls using methods, equipment
and temporary const�vcdon to protect site and related areas from: air, water
and soil polludon; waste generation; other irr�tating and harmful activides. Keep
adJacent sites clean and free of debris.
7. Safety - Camply v+�th State of Washington and Ciry of Bremerton safety laws and
requirements.
S. Noise control - take reasonable measures to suppress no2se from work
o�gerations.
E. Product Requirements
1. Product storage & handling - Products, mater�als and equipment incorporated
into the work shaU be new unless otherwise noted Provide for protection of all
produc�ts, materials and equipment stored on site or off site.
F. Executto.n and Closeout Requirements
1. Field en�Eneering - Provide field engineering survey servlces to ensure there are
no eacroachments on ad�acent properties.
2. Protection of adjacent constructian - protect all existing properties firom work
ander this contrac�t.
3. Cutting and patch�ing - General Contractor is responsible for cutting, fitting and
patching as required to complete the work
4. Construction waste management & disposal - Project is not LEfiD certifled,
however final waste generation performance goals are 95�b for salvage / recycle.
5. FinaI cleating - At completlon all areas must be cieaned and ready for occupancy
/ use as intended.
6. Closeout procednres - Generai Contractor to notify Owner when project is ready
for inspection and punch l�st GC to provide to Owner their own pre-punch Itst
and outstandfng items (i.e. final ciean, operahon and maintenance data,
warranty).
7. Operation and maintenance data - At completion of �ob and prior to release of
retention General Contractor to provide operation and maimenance manuals for
pro�ect
8. VVarrandes - See contract for warranty language and duration.
Page 2 of 3
'����' .I�e
PARK & 4TH STREET PHASE TFNO
CITY OF BREMERTON GENERAL REQUIREMENTS
EDA Award No Q7-01-06594
9. Project Record Documents - Provide record set of all drawings with noted
changes Provide final Change Order and contract modifications. Design build as-
buflts.
Page 3 of 3 � �
EXHIBIT C - EDA requirements
EDA requirements:
o Notice of Requirements for A�irmative Achon to Ensure Equal Employment
Opportunity
o EDA Lobbymg Restnctions
o EDA Contracting Provisions for Construction Projects
o Davis Bacon Washington Wage Rates for Kitsap County lwww.wdol.� l.
Exhibit C - EDA Requirements
WASHINGTON
Area Covered — Clallam, Grays Harbor, Island, Jefferson, Kitsap, Lewis, Mason, Pacific, San
Juan, Skagit, Thurston and Whatcom Counties
Goals and T'imetables
Timetable Goals for minority
participation in each trade
(percent)
Goals for femate
participation in
each trade
�i)
Until fiuther notice
6.1
6.9
Any questions that bidders may have on complying with these bid conditions should be directed
to the following agency:
U.S. Department of Labor
ESA - OFCCP Area Office
1111 3'� Avenue
Seattle, Washington 98101-3212
(206) 398-8022
f�T:i;ii�M�Ti
EDA AWARD No 07-OI-06590
i
,
�
i
�
�
i
i
�
�
i
�
;
�
�
�
;
I
NOTICE OF REQUIREMENT FOR AFFIRMATIVE
ACTION TO ENSURE EQUAL EMPLOYIVAENT
OPPORTU1vITY (EXECUTIVE ORDER 1124�
1. The 4fferor's or Bidder°'s attention is called to the "Equal Opportunity Clause" and the
"Standard Federal Equal Employment Opportunity Construction Contract Specifications" set
forth tterein.
2. The goats and tinaetables for minority and female participation, expressed in percentage terms
for the Contracto�s aggregate workforce in each lrade on a1I construction work in the covered
area, are indicateci in Attacl�ment A.
These goals aze applicable to aU Contracbor's conshuction work (whether or not it is Federal or
federatly assisted} performed in the covered area.
The Contractor`s compliance with the Executive Order and the regulations in 41 CFR Part 60-4
sha11 be bas�d on its implementation of the Equal Opportunity Clause, specific affumative action
obLgations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet
the goals established for the geogcaplucal area where the contract resutting from this solicitation
is to be performed. The hours of minority and female employment aad training must be
substantially unifarm throughout the Iength of the contcact, and in each tcade, and the coutra�ctor
shall make a good faith effort to emplay minorities and women evenly on each of its projects.
The transfer of minority or female employees or traine�s from Co�ractor to Condractor or from
project to project for the sole purpose of ineeting the Contractor's goals shall be a violation of the
contract, the Executive Order and the regulations in 41 CFR Part 60-�t. Compliance with the
goals will be measured against the total work hours performed.
3. The Contractor shall provide written notification to the Director of the Office of Fecleral
Contract Compliance Programs within 10 working days of award of any construction subcontract
in excess of $10,000 at any tier for construetion work under the comract resulting from this
salicitation The notification shall list the name, address and telephone number of the subcon-
tractor, employer identificatioa number, estimated dollar aznount of the subcontract; estimated
starting and completiaa dates of the subcontract; and the geographical area in which the contract
is to be performed.
EXHIBIT C EDA AWARD Id� 07-01-06590
CERTIFICATION RE(}ARDIN(� LOSBYII�i(�
CThis Ce�4ficat�on is requined pu�t to 31 U.S.C.13S2}
C,�rt�8c�tton for �. Giants. I,oans and Coonecative A�
'i�,e � certiSes. to the best af hLS or her l�awledge and belie� tt�t
(1) No Federai ap�priated fimds have been paid � will ba paid, by � on bd�alf of tl�a nmdessigned, tu
anY Q� ��g a� a�g bu iufluen�ce aa offtcar � employee of aay �, a Membet of
Con��ess, an officer or �ployce of Congc+ess, or an employea of a Member of Ca�ss in oo�mection
with the awamding of any Federal ca�, tha �ang of anY Federal gra� tlta metdng of �r Federal
10 �. ��� of anY �ve �ee�t, and the �coensioq �tion renewal,
�, or nocdific�tioa of aay Federni oontcact, gran� loan, or �ve a�ment,
(2) If aay fmds othar than Federal approimated flmds bava been paid or will be paid to a�r pexsoa for
mSuencing or � ao infle�e an officer or �oyee of aay ag�cY, a 11�ember of Congress, an
officar as employea of Congtess, or an employee of a Memhes of Caag�s in c�aection w�th tLis
Pedeial c�ract, grant,loen. or coa�ahve a�eament, the �md�ed shall c�mPlete m�d submit
Sta�dard Faaa�LLi, ��Disclo�ne of L,obbyiag Acaviaes," in accaa�dance wit� its ins�nccions.
�) T� �i8� ��4►� ��� of t6is cer�ficatian ba mcluded 'm the award
doam�nts for all snb�watds at all tieza (inclo�ing subcoa�t�, subgi�. a�d c� �m�ar grants,
toaas, and 000perative agr�meats) emd that all subrecipie�►ts �ai! cetMy aud discla� acoo�diagly-
Tlus �fic�tion is a mabasial r�tipn of fsct o�n wE�ich ieliance was placed when this �a�
was made a� ent�ed �aioo. Subm�astaa� of tLia c�Scation �s a prerequisite for making or et�enqg inb this
tiam9actiaa imposed by section 1352, t�tle 31, U.3. Code. Any petson who fails o� Sle the requi�d
c�tification s�ail be anbject to a civil penatty of a�ot Iess then $10,000 aad aot �e than $100,000 for
each snch faihnre.
Statenaent �or I.�n Qusreat�s and I.o� �ua�mce
The uadersigned stabag, to the best oFbis or her �uwledge and belie:� that.
If any fi�ds t�e b� paid ar will be paid �c aay pe�soa for mtiuencn� c�r at�mPting to influemoe an
offcerar employee ofaaY ageacy, a Member of Congress. an offio�or e�loyee ofCongie,�a, � an
c�mpioyee of a Member of Con�ess in �oection with tLis cammitment pmvidag for the Unibed States
to iasure or guacantee a loaq the u�deas�g�oed sl�ll complde and submit Standaed Facm-I.I.I, "Disclos�c+e
of Y.obbymtg Activities," in acaoidaace w►th �ts iast�cti�s.
Submission af th� soa�ent is a pme�equis�te far maldng or enoermg i�ato this hansaction imposod bY
secaom 1352, tifle 31, U 3. Coda. Any petson w!w fails ro file the required stato�ment sl�ali be sabjecc to s
ctvil p�ealty of not less than $1q000 aad not a�e thsa $100,OD0 for each snch �urc.
_07-01-D6S
AWARD MJMBSR
1'r? � 1 v(.e r�-,�-
��
DATB
�%�6 ��`� �
(
DISCLOSURE OF LOBBYING ACTIVRIES � 01 �
c����e�a►��o►�ea��,cross us.c. ��
csee r� tor p� 6�sds�+ a�ure��
i. 7y� ar �ae� nw� �. �as ot � nctao� a�'ry�
� a oa�bad ❑ a. �app6csBon � � �change
d �� G �.� �ar�cn�o�:
e ban Y� ��
t ben �� daEe cf test repat
4. Name amd Ad�9+ess u! R�g Etqt� 5� If ReporW�g E�q/ � Na 4 fa �. E�e► Nmoe and
❑ Prinre ❑ Subanrrardee AddressoiPNmee
Tt� _, rfla�vnc
C�onal Dtstrle� �la+owrr C�1 � ilolow�:
e. Fede�af �nentlA� T. Federal P�ogrem �1!m�lplta�
cFw►a�. ��:
a. r� nouo� r�er. N,mow�r s Av�b ano� r�mr
10. a e�re ana nam+�sa d� r�y �. t�� per� se� {� a� �
�n�dn�aua� �n�,, �rr� � �s�am�n,nra �am�
(�t� �rst�e► �D:
lam�on�►sr� s�cc4ar �
1i. Nnount of Paylael�t (tireck e9� appdy}• 18. 7ype of Paymeot (dtedC � fh8! �:
p
IJ aauai ❑ pFanned O a�
❑ b. a�time t�ea
12. Fronn of Feyment (rJ�edr� U�app�►} ❑ c. comm[ss6on
❑ a cash � d. oonti�ent t�
0 b. iMc� speNY= n8hue � a de�ed
va6ue ❑ f. otlrer; �Y'
ia. arter aes�lrnon or s�vtees Pm� o. �o be Perra� aaa D�� ot �, rr�ne of�(s}. ema�tsb
c► A�(aj aor�edr 1br Payme� 6�ed te Poam 11:
(a�d! �dlf�! 3RLIl'J� A�
13� CoMf�n Sl�t(s) S�LL�A a4�doe� ❑ Yes [� !Vo
18. uraow�n roQusetae uoaign nds twm b awna�ea bs tmo s� u.S.C. esaloa
1�2. Thb@odm�osdlu�EyEnpa�lOnYs�iop�nofWolvpw �
qA�A re�m�Y wlmi P�aooO try 9�9 tle►ehw9 i11�b tllb Ua�etlonwas rtw�0i v
e�ed ddw Tdb �va b �aquked qua�m�l ro S1 U.S Q 1�. Tbls ��
IM�IIaa aA9 6s nyarted Eo Ete Qmptess � en0�A6 EB a�eIIaEb tb►
P�o4� l4�putanodlofa�t�offis9oe+e��rsal�Os �
s�qeaeoaa,�pmreqrm�orsmonsw.000enanatmoeuwnroaAOOmr TefephoneNa• �
ead�eurAWYma •
� (189 �11� A101ta�ed �rlrOC'� �dt�On
S�anela� F�nem � 11 I
�
i �
i '
�
i ;
�
� ,
!
� ;
�
�
� ,
� �
I
�
� '
� i
r �
I �
1 �
� �
1 '
I �
�( �
i '
i
�
� f
I i
I I
�
E (
< <
�
; ,
I �
�
�
� '
i
i
I �
�
I �
�
E 4
� f
1 :
��t,� �`r �
IN3TRUCTlONS FOR COMPLERON OF 3F LLL. DtSCL03URE LOBBYINO ACnVfTlE3
��.ae �cha ge�oa� ���� �c6a,t�3.�.� alaie8 � a9onor � ptat
eedi p�yment or a�eement to meka PeY� Eo arry loh�9 e�Y [a t�Ug ar e�empl6g to � ��e�oyee �
F� � the SF�LLL,A� � Shaet tor ��hdad� B Qie A�er ol (Dongre�a (n ao�n ro+�h a oaver�d
tlmt apptp Oot b� tlte t�l id� eaod ma0e�a1 d�rga �epo�t R�rto Ihe irt�e9 gu� Pa�¢�ed thaby OHka��t
a� BuQgetl�cr eddl6o� I�don�
1. Dden6y Ure bPe d aovened Feda�at aatlon far wl� bbbymg ac6v�r ia andfor has been aeaued Oo f�toe tlre ou�oome ot a oovered
Federai actEal.
2 ld�ftlyfhe sea� dtlte aore�d Fedaeei acCan
a td�tlly nse a�oa �ba� oi u� �eporc uilde m e toqwrup oeporc cmffiea cy a ma�a1 amnge m eie hmmm�n p�v�ousy
�a0ed ��e yearand qu�eer 6� aAdch Ih9 diar� aocurtad En6a► Qre da� d ltte lest preufol�sy st� repoA bq tlds �epottl�
eMilyt�t �s aatiered Fede�al ec�.
4. EnOer Ihe 4r9 nema. eddrese. cIIY. s� arW a� aode of0� repo�g e�► Ind�de �nat Distrl�t M9mown. Ch�dctAo �
dassificatlote d tlea rapoAa�p eah'� Uret d�gnates U R Is. or expecis to be. 8 prl�rre e► 8ubar�td �t. I�I tlre �er af tlre
su0au�e�dea. a8 ihe 8ist � of tl�a pdme ia tlle 1si ttar 3u� hduda but a�e not � tD �. � a1M
oo�taw�tuoderg�nt�
8� R tlte �� B�e repmt in iEara 4 chect� "5u�rdea�'. Uean a�f0er �e 1W1 name. ad�s. dtp. � and �ip code � 6ta pr�ne
F� reo�t�t �nduds �eb� � � la�own.
8. EnDar U�e rteme � tl18 Fe� age�wy me�g tlt9 �d ar bea oo�m�uknerd. �ncfioda et �et a�re agan� Ge�ue! below �Y rmnm�
Bknaiw�. For m�, Dep�6�ea�R a}T�spo�, lblMsd Sba6as Coest t�1m�d.
7 FsEe►QIe Fedecal pro�em 1l�ne or desab� to► tlre aorered F� ac6on �el ty. H� anG�9re li� Qa�tog af Fadmal Qames6c
Ase�nee (CF�A) manber Oor9�ts. 000�ve �r�t�a. Warre, a� boan aaa�.
S. E119BlDIB most epprOql�B Fede�al i�tb� Iwl�et aveUahla EOr @Ie Fede� 8ctian [�ant�ted u1 i7mn 1(e.0., fao4�et tor P�opOSal (RFp�
ruu�dfer. B�vNaCon Aa 81d (IF8} eranbe� grant �amoetnent+wmbe�; tlba oarh� grant a ban an�d �aanber; 9re
con0�d rtwnDeT �O�red Dy 91e Fede� � hx[ude p�ePooea, o.g.,'RFR�rBp-0p1•
9. Fa e aoYa�ed Fede�al acUan where the�e has been en awaM at laen oortnrdfm�d by 9re �'ed�al a�mu�l� ert�er9�e Fedaral m�ount of the
�xrardl0oan oonm�nmdtortlre pr�ne e�ql ide�8ed 6t �ean 4 ar8.
10. (� F� 9re tuQ neme. eddresa. atK aEsle end �p code of the lo6tiy(e8 �Y � ti1l �a rapmtln9 8 �41 �d bt ite�n 4 b�
4dhaer�oe Qie aoveced Fad�i �.
Q�) 6�er 9� fldl rtmnes oi flea mdvi�mlls) � ae�vloas. and irtdude fl� addnass U�t �an 10 (a}. 6Ner Last W� Flwt
Naee, m�d AAld�e B�al (QAI}
11 EMer B�e amaunt d aar�pm�on Reid ar �sot�r eo�ecEed Eo be Pe� �7i tlre � e�r Q6am 4) 601he 0�6yo�g ad�y (�em 70y.
In� u� tl►e p�nrent I�as bwn n�ade (etWal) a ur� be made (p�. C�hack aU Daooes 4�at eppy. It 9�s is a ma6erlal d�e
repoK e�ertlteamelatlweemote�tatpsyn�e�d ma� apima�ad 6� be rnam9�
12 Check Qie � bmqes} t�eejt a0 boome tlrat �r. M p�nrient �e rtrede 11ua�gh mi Gtidnd c�01bu8o�. epeadYfie nebae and valae
ot 6ie ut�dnd p�qrtne�t�.
1S. Chei+k Ore � booqe�, ptedca9 bmaas Brdt appy. N atl�er. apea9yr na�ne�.
74. Piadda a specl6c a�d de�Aed � of tl�e � B�at 8re bb6y�t fms pmfannad a v� ba �ed Eo PerGwrt� med fda da�a(s) a!
am► � rer�dmed. baiude a8 �► end rel�d �, erotpret tMAe speM In eC� CoN�/w�1 Fed�al o�. �I tl�
Fede�t a�9deQ(a) ae�yee(s) a� arfhe a6Eoe�(s� �s� a Me�r�(� �Oo� �etw�a conta�a0.
15. Cleedt qdmB��mt SF LiLA <�E'inmfion �s) fs �d
18. The amBfy�q o�al aheN at� ertd daE� the fixm. P�fnt hWNer rtama. !� and E�e iam�ber.
w�buc �po�g a.aon ta n�e oo�aBon ot ��n +s �d m av�age 90 mnnaes g� �. b�g g� ��
inshuWor�e. s�ir� a�deme9 da� satrces, geUrerleB art� mab�mhdrp Ure da� r�asded. �J aort�ting and re�riearb� Ihe aoU�cHon oi
6�t�. Send � reg�d6� tlre btudan esitrnaE9 or aiq► cltoar asped o! dda � oi t�matEoq, hidodhg s�gesf�a t�
re�oob►g tMs bm�den, Eo Bre 090oe af �d mid � Pa�e�orh Redu�an PiaJad (0948�0046},1h�DOn, D� 2060fi.
Thbto�mvaasataekoidabpoduad�r� FeQa�d Fanna o+w
l���s �7 � �
D13CLQSURE OF LOBBYING ACTIVI'T{ES �°'°"'�
COMINUATION SHEET
�
�
�
;
3
�
i
I
i
i
�
i
1
I
t
�
t
'�-��L°C' C�
�-LLL-A
CONTRACT CLAUSE
NEW RESTRICTIONS ON LOBB'YIAiG
?l�is oo�atract, subconhact, or sub�t is subjsct to sedion 319 of Public Law 101-12l, which
added secfion 1352, reg,ardiog lobbying r�ons, W chapter 13 of titte 31 of tite U�ted States
Ccx1e.lLe new saction is explainsd ia tlee oommoa inie, l S CFR Part 28 (55 FR 6736-6748,
2/26J90). Each bidder/applic�nt/recipient of this contract, subcoa�ct, or subgtant and
subrecipients are g+eneraUy prohiluted from nsing Federal fuads fos tobbying the ExecuEsve or
Legistarive Brnac1� af the Federai Govec�unent in connection with ttus Awand.
Contract Clanse Thr�ahoId
This Contract Clause regarding lobbying must ba included in each applicahon for a subecant and
in each bid £nr a contract or subco�ct ex�eding $100,0� of Federal finuds at any fi� uadea�
the Fede�al Award.
Certificatiq� and Disciosat+e
Each applicant/x�ecipient of a subgraat and each biddedapplicanthecipieat of a contcact ar
subca�tract eac:eeding $100,000 of Federat fimds at any tier under �e Federal Award mast fite a
"Cectification Rega�ding Lobbymg" a�d, if applicable, �+d Fomt-i,L.L, 'Disclosure of
Lobhyn� Achvitias," rega�ding the use of aay nonfedeaal famds for lobbying. Cerlif cations shalt
be t+eceined by the next Irigher �eea�. All dasclosea�e fornos, howevea, shalt be fio�vvazded fmm tie� to
tie� unttt received by the Recipie� of the Federal Award (grnnt), who shall fosward all di�los�me
forms to the Pe�ds�rat agen�r.
Contiaurae Disclosiue Reauu�m�nt
Each subecan�ea, cortractor, or subcontractar tbat is subject to the Certification and Dixl�re
prorrision of ti�is Contract Claase is rvqvired to file a disclosure farm at t6e end of each calendar
q�art�r in which thene ocan�s aay eve�nt that requi�s disc[� or that mab�ially a� the
accuracy of the inf�tion contaiaed in att�r disclos�u�e frnm previousEy f led by snch peasan.
Disclosure fonns shatl be fu�warded fmm tier to tie,r u�il received by tbe R�ipient of tha
Federni Awazd (grant� who shall fatward all disclo�re faims to dte Federai agea�y.
Lidian Tin�es. Tnbal Or�ani�ations. or Other Indian Or�aaizations
Indian tnbes, hbal or�anizations, or asty other Indian orgaaizations, inch�ng Alaslmn Nahve
org�izatio�ns, are exchided from the abova lobbying resMctions and r�Ortmg requn�ats, but
only with respect to � t�mt are by suGh tn'bes cr organizations for lobbying activities
p�mitbad by other Fed�si law. An Indian trii� aa� organi�ation t�at �s � aa� exclusion from
Cefif c�tioa and Disclosiue requnre�nts mvst p�mvide (pmefie�ablq in an atWmeY'g oP�)
BDA with the ci�ion of the pmvision or provis�oas of � law upon witich it relies tu
cond� tobbying activities that would otheiwise ba snbject to tbe pra�hibitions in and �n ti�a
C�on and Disclvsac+e requir�nents of soction 319 of Public Law No.101-121. Note, also,
that a� indi.at► subecantee, coa�ac.�t�or, or snbca�irador ua,�er an awatd (gcant) �n an Iadian
tribe, for �x�ample, is sabj�t to tlte restcictions and seporhmg requiremeats.
����� �
u. s. nEraR�Nr oF co�RCE
ECUNONIIC DEVELOPMENT ADMINISTRATI4N
EDA CONTRAC'I'ING PROVISIUNS
FOR CONSTRUCTION PROJECTS
These EDA Contracting Provisions for Construction Projects (EDA Contracting Provisions) are
intended for use by recipieuts receiving federal assistance from the U. S. Department of
Commerce - Economic Development Admitistration (EDA). They contain provisions specific to
EDA �d other federat provisions not normaily found in non federal contract documents. The
requirements contained herein must be incorporated into all construction conhacts and
subcontra�cts fimded wholly or in part with federal assistance from EDA.
Ecflnomic Development Adm�nistration
Contracfmg Provisians for Constcuct�on Projects
�1��� �°i
1.
2.
3.
4.
5.
6.
7.
S.
9.
10.
ll.
12.
13.
14.
I5.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
TABLE OF CONTENTS
Definitions
Applicability
Federally Required Contract Prov�sions
Required Provisions Deemed Inserted �
Inspection by EDA Representatives
Ex,amination and Re�eMion of Contraetor's Records
Construchon Sche,dule and Periodic Estimates
Contractor's Tide to Matenal
Inspection and Testing of 1Vlaterials
"OR EQUAL" Clause
Patent Fees aud Raysities
Claims for Extra Costs
Contractor's and Subcontractor's Insurance
Contract Security Bonds
Labor Standards - Davis-Bacan and Related Acts
Labor Standards - Contract Work Hours and Safery Standards Act
Equal EmP��� �PPo�h'
Contracting wrth Smatl, Minonty and Women's Businesses
Health, Safety and Accident Prevention
Conflict of Iaterest and Other Prohibited Interests
New Restrictions on Lobbying
Historical and Archaeological Data Preservation
Clean Air and Water
Use of Lead-Based Paints on Residential Struchn�es
Energy Efficiency
Environmental Requiremeats
Debarment, Suspension, Inetigibility and Voluntary Exclusions
EDA F,t+oject Sign
Econotruc Developmeirt Administration
Contracting Prov�sions for Co�suvction Projects
�4 � �'C' �
�
�
i
�
�
�
�
:
1. DEFINITIONS
Agreement — The written instrument that is evidence of the agreement between the Owner and
the Contractor overseeing ihe Work.
Architect/Engineer - The person or ather e�ity engaged by the Recipient to perform
arclutectural, engineering, design, aad other services related to the work as provided for ia the
co�ract.
Contract — The entire and integirated written agreement between the Owner and the Contractor
concerning the Work. The Contract supersedes prior negotiadons, representations, or
agreements, whether written or oral.
Contract Documents — Those items so designated in the Agreemen� Only printed or hard copies
of the items listed in the Agr��ment are Contract Docwnents.
Contractor — The individual or entity with whom the Owner has entered into the Agreement
Drawings or Plans — That part of the Contract Documents prepared or approved by the
Architect/Engincer that graphically shows the scope, extent, and character of the Work to be
performed by the Contractor.
EDA - The United States of America acting through the Economic Development Administration
of the U.S. Department of Commerce or mny other person designated to act on its behalf. EDA
has agreed to provide financial assistance to the Owner, which inciudes assistance in financing
the Work to 6e performed under ttus Co�ract. Notwithstanduig EDA's rote, nothing in this
Contract shall be construed to create any contractual relationship between the Contractor 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.
Pro,�ect — The total construction of which the Work to be performed under the Contract
Documeats may be the whole, or a part.
Recipient - An endty receiving Federal financial assistance from EDA, including any EDA-
approved successor to the entity.
Spec�catio�rs — That part of the Contract Documents consisting of written requirements for
materia�s, equipment, systems, standards, and workmanship as applied to the Work, and certain
administrative requirements and procedural matters applicable thereto.
Subcontractor — An individual or enbty having direct contract with the Contractor or with any
other Subconbractor for the perforniance of a part of the Work at the Site.
Economic Development Administration
Canhading Pmvisions for Conshuctian Projects
��b�'�� �i
I
Work — The entire constcuction or the vazious separately identifiable parts thereof required to be
provided under the Contract Documents. Work includes and is the result of �rformmg or
providing all labor, services, and documentation necessary to produce such construction and
fumislzing, instaliing, and incorporating all materials and equipment into such conshuction, all as
required by the Contract Documents.
2. APPLICABILITY
The Project to which the construction work covered by this Contract pertains is being assisted by
the United States of America through federal assistance provided by the U.S. Departme� of
Commerce - Economic Development Administration (EDA). 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 instruments pursuant to
the provis�ons applicable to such federal assistance from EDA.
3. FEDERALLY REOUIRED CONTRACT PROVI3IONS
(a) Administrative, contractual, or legal remedies in u�stances where contractors violate or
breach contract terms, and provide for such sanctions and penatties as may be appropriate
(Contracts more thaa the simplified acquisition threshold - curtently fixed at $100,000. See 41
U.S.C. 403(11)).
(b) Termination for cause and for convenience by the Recipient including the manner by which
it will be effected and the basis for settlement (all contracts in excess of $10,000).
(c) Compliance with Executive Order 11246 of September 24,1965, Equal Empdoyment
Opportunity, as amencled by Executive 4rder 11375 of October 13,1967 and as supplemented
by Departme�nt of Labor regulations at 41 C.F.R chapter 60 (applicable to all constcuction
co�hacts awarded 'm excess of $10,000 by recipients of federal assistance and their contractors
or subrecipieirts}.
{d} Compiiance with the Copeland "Anti-Kackback" Act (18 U.S.C. § 874) as supplemented by
Department of Labor regulations at 29 C.F.R part 3(all contracts and subgrants for construction
or repair).
(e) Compliance with the Davis-Bacon Act (40 U.S.C. § 3145) as supplemented by Departmern
of Labor regulations at 29 C.F.R part 5(construction contracts in exces.s of $2,000 awarded by
Recipients and subrecipients}.
( fl Compliance with sections i 03 and 147 of the Contract Work Hours and Safety Standards Act
(40 U.S.C. §§ 327-334) as supplemented by Depariment of Labor regulations at 29 C.F.R. part 5.
(construction contracts awarded by Recipients and subrecipients in excess of $2,OQ0, and in
excess of $2,500 for other contracts which involve the employmeirt of inechaaics or taborers)
(g) EDA requirements and regulations pertaining to reporting.
Economic Developme�t Administration
Contractmg Provisions for Construction Projects
��f� �T �%
(h) EDA requirements and regulations pertaining to patent rights with respect to any discovery
or invention which arises or is developed in the course of or under such con�
(i) EDA requirements and regulations pertaining to copyrights and rights in data.
(j) Compliance with all applicable standards, orders, or requirements issued under section 306 of
the Clear Air Act (42 U.S.C. § 7606), section SU8 of the Clean Water Act (33 U.S.C. § 1368),
Executive Order 11'13$, Providing for Administration of the Clean Air Act arrd the Federal
Water Pollution Control Act With Respect to Federal Contracts, Grants, or Loans, and
Environmental Protechon Agency regulations at 48 C.F.R part 15 (applicable to contracts,
subcontracis, and subgrants of amounts in excess of $100,000).
4. REOUIRED PROVLSIONS DEEMED IN3ERTED
Each and every provision of law and clause required by law to be inserted in ttus contract shall
be deemed to be inserted herein and the contract shatl be read and enfom,ed as though it were
included herein, and if tluough mistake or otherwise any such provision is not wserted, or is not
coaectly � then upon the application of either pariy the contract shall forthwith be
physically amended to make such insertion of con+ection.
5. INSPECTION BY EDA REPRESENTATIVES
The authorized representatives and agents of EDA shall be permitted to inspect all work,
materials, payrolls, personnel records, invoices of materials, and other relevant data and recards.
6. EXAMINATION AND ItETENTION OF CONTRACTOR'S RECORDS
(a} The Owner, EDA, or the Compbroller General of the United States, or any of their duly
authorized representatives shall, generally until three years after final payment under this
contract, have acce.ss to and the right to examine any of the Conhactor's directly pertinent books,
documents, papers, or other records involving transa�ctions related to this contract for the purpose
of making audit, examination, excerpts, and transcriptions.
(b) The Contractor agrees to include in first-tier subcontracts under this contract a clause
substantially the same as paragraph (a) above. "Subcontract," as used in ttus clause, exclude.s
purchase orders that do not exceed $10,000.
(c) The periods of access and examination in paragraphs (a) and (b) above for records relating to
(1) appeals under the disputes clause of tlus cflntract, (2) litigation or settlement of claims arising
from the performance of this co�ract, or (3) costs aad expenses of tlus contract to which the
Owner, EDA, or Comptroller Generat or any of their duly authorized representatives has taken
exception shall continue until disposition of such appeals, litigation, claims, or exceptions.
Ecrnaomic Development Adwnistr�a�ion
Coatracting Provisions for Conshuct�on Projeds
��� F�" G
7. CONSTRUCTION SCHEDULE AND PERIODIC ESTIMATES
Immediateiy after execution and delivery of the contra:ct, and before the first partial payment is
made, the Conttactor shall deliver to the Owner an estimated constiuction progress schedule in a
form satisfactory to the Owner, showing the proposed dates of commencement and compietion
of each of the various subdivisions of work reqnired 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 sha,tl furaish the Owner (a) a
detailed est�m�ate giving a complete breakdown of the comract price and (b) periodic itemized
estimates of work done for the purpose of making partial payments thereoa. The costs employed
in making up any of these schedules will be used only to determine the basis of partial payments
and will not be considered as fixing a basis for additions to or deductions from the contract price.
8. CONTRACTOR'S TITI.E TO MATERIAL
No materials, supplies, or equipment for the work shall be purchased by the Contractor or by any
subcontractor that is subject to any chattel mortgage or under a conditional sale contract or other
agreement by which an interest is retained by the seller The Contractor warrants and guarantees
that he/she has good title to all work, materials, and equipment used by him/her in the Work, fi�ee
and clear of a111iens, claims, or encumbrances.
9. INSPECTION AND TESTII�iG OF MATERIALS
All materials and eqnipment used in the completion of the Work shall be subject to adequate
inspection and testing in accordance with accepted standards. The laboratory or inspection
agency shall be sel�ted by the Owner. Materials of conshuction, particularly those upon which
the strength and durability of any structure may depend, shall be subject to inspection and testing
to establish conforniance with specifications and suitability for intiended uses.
10. "OR EUUALt CLAUSE
Whenever a material, article, or piece of equipment is identified in the Contract Documents by
reference to manufacturers' or vendors' names, trade names, c�talogue numbers, etc., it is
intended merely to e.stablish a standard. Any material, article, or equipment of other
manufacturers and vendors that will perform adequately the duties imposed by the general design
will be considered equally acceptable pravided tb.e material, mticle, or eqwpment so proposed is,
in the opinion of the Archite,cdEngineer, of equal substance and fimction. However, such
substitution material, article, or equipment shall not be purchased or installed by the Contractor
without the Architect/Engineer's written approvai.
11. PATENT FEES AND ROYALT`IES
(a) Contractor shell pay all license fees and myatties and assume all costs incident to the use in
the performance of the Work or the incorporation in the Work of any invention, desiga, process,
proctuct, or device that is the subject of patent rights or copyrights held by others. If a particular
invention, design, process, praduct, or device is specified in the Contract Documents for use in
Econvmic Development Admmistration
Contracting Provis�ons for Construchon Projects
�4��i G
the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is
subject to patent rights or copyrights calling for the payment of aay license fee or royalty to
others, the existence of such rights shall be disclosed by the Uwner in the Contract Documents.
(b) To the fullest extent permitted by Laws and Reguiations, the Contractor shall indemnify and
hold harmless the Owner and the Arclutect/Engineer, and the officers, directors, partners,
employees, agents, coasultants, and subconhactors of each and any of them from and against all
claims, costs, losses, and damages (including but not limited to atl fees and charges of engineers,
architects, attorneys, and other professionais and all court or arbi�ration or other dispute
resolution costs} ansing out of or relating to azry infringement of patent rights or copyrights
incident to the use in the performance of the Work or resulting from the incorporation in the
Work of any invention, design, process, product, or de�vice not specified in the Contract
Documents.
12. CLAIMS FOR EXTRA► COSTS
No claims for extra work or cost shall be allowed tmless the same was done in pursuance of a
written order from the Arclutect/F,ngineer approved by the Owner.
13. CONTRACTORS AND SUBCONI'RAG°TORS INSURANCE
(a) The Contractor shall not commence work uader this Contract until the Contractor has
obtaaned all insurance reasonably required by the Owner, nor shall tiie Contractor allow aay
subcontra�cttor to commeace work on his/her subcontract until the insutance required of the
subcontractor has been so obtained ac►d approved.
(b) Types of insurance normally required are:
(1} Workmen's Compensation
(2) Contractor's Public Liability and Property Damage
(3) Contracto�'s Vehicle Liability
(4) Subcontractors Public Liability, Property Damage and Vehicle Liability
(� Builder's Risk (Fir� and Extended Coverage)
(c) Scope of Insarance and Speci$I Hazards: The insurance obtained, which is descnbed
above, shall provide adequate protection for the Contractor and his/her subcontractors,
respectively, against damage claims that may arise from operations imder this co�act, whether
such operations be by the insured or by anyone directly or indir�tly employed by him/her and
also against any of the special hazards that may be encountered in the performance of this
Contract
(d) Proof of Carriage of Insurance: The Contractor shall furnish the Owner with certificates
showing the type, amount, class of operations cover�d, effective date.s, and dates of expiration of
applicable insurance policies.
Economic Development Administration
Contcacting Provisions for Construction Projects
��-ti��T G
14. CONTRACT SECURITY BONDS
(a) If the amount of this Conhact exceeds $100,000, the Contractor shall furnish a performance
bond in aa amo�mt at least equal to one hundred perce� (100%} of the Contract price as security
for the faithful performance of this Contcact and aLso a payment bond in an amount equal to one
hundred percent (100%) of the Contract price or in a penal sum not less than that prescribed by
State, Territorial, or local law, as secutity for the payment of all persons performing labor on the
VYork under this Contract and furaishing materiats in connection with this Conhact. The
performance bond and the payment bond may be in one or in separate instruments in accordance
with local law. Before final acceptance, each bond must be approved by EDA. If the amount of
tliis Contcact does not exceed $100,000, the Owner shall specify the amount o€ the gayment and
performance bonds.
(b) All bonds shall be in the form prescribed by the Contract Documerns except as otherwise
provided in applicable laws or regutations, and shall be executed by such sureties as are named
m the current list of Companies Holding Cerhfrcates ofAuthority as Acceptable Sureties on
Federal Bonds and as Acceptabte Reinswing Compa�zies as published in Treasury Circular 570
(amend«i} by the Financial Management Service, Surety Bond Branch, U.5. Department of the
Treasury. All bonds signed by an agent must be ac�ompanied by a certified copy of the agenY s
authority to act. Surety companies executing the Uonds must also be authoriz,ed to hansact
business in the state where the Work is located.
15. LABOR STANDARDS - DAVLS-BACUN AND RELATED ACTS
(as required by section 601 of PWEDA)
(a) Minimuim Wages
(1) All laborezs and mechanics employed or working upon the site of the Work in the
constcuction or development of the Project will be paid unconditionally and not less often
than once a week, and without 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 aad bona fide friage
benefits (or cash equivalents thereo�} due at the time of payment computed at rates not
Iess than those contained in the wage deteraunativn of the Secretary of Labor, which is
attached her�to and made a part hereof, regarciless of any contractual relationship that
may be alleged to exist between the Contractor and such laborers and mechanics.
Contributions made or costs reasonably auticipated for bona fide fiinge benefits under
Secbion 1(bx2) of the Davis-Bacon Act on behalf of laborers or mechanics aze consider�d
wages paid to such laborers or me�hanics, subject to the provisions of 29 C.F.R.
§ 5.5(a)(1)(iv}; also, regular contributions made or costs incurred for more than a weekly
period (but not less often than quarterly) under plans, funds, or programs, wluch c;over
the paiticular weekly period, are deemed to be constiuctively made or incurred during
such weekly p�riod. Such laborers and mechanics shall be paid the appropriate wage rate
aad fringe benefits on the wage determination for the classification of work actually
performed, without regazd to skill, except as provided im 29 C.F.R § 5.5(a)(4). Laborers
or mechanics performing work in more than one classification may be compensated at the
Economic Development Adminishation
Contrachng Provisiams for Constiuction Projects
'��bti�� �' G�
, !
�
i�
<�
rate specified for each classification for the time actually worked therein, provided that
the employer's payroll records accurately set forth the time spent in each classification in
which woxk is performed. The wage d�termination (including any additional
classification and wage rates determined under 29 C�.R. § 5.5(a)(1)(ii) and the Davis-
Bacon poster (WH-1321) shall be posted at all times by the contractor and its
subcontra,ctors at the site 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 under the Contract, but not
listed in the wage determination, shall be classified in conformauce with the wage
determination EDA shall approve aa additional classificadon �nd wage rate aad fringe
benefits 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 in the wage detenmination;
(B) The classification is utilized in the area by the constcuction industry; and
(C) The proposed wage rate, inciuding any bona fide fringe benefits, beazs a
reasonable rela.tionship to the wage rates contained in the wage determination.
(ii) If the Contractor and the laborers and mechanics to be employed in the classification
(if l�own), or their representatives, and EDA or its designee agree on the classification
and wage rate ('including the amo�mt designated for fringe benefits whcre appropriate}, a
report of the action taken shall be sent by EDA or its designee to the Administrator of the
Wage and Hour Division, Employment Standards Admiaistcation, U.S. Department of
Labor, Washington, D.C. 20214.
(iii) In the event the Contractor, the laborers or mechauics to be employed in the
classification or their representatives, and EDA or its designee do not agree on the
proposed classification and wage rate (i.ncluding the amaunt designated for fringe
benefitg, where appmpriate), EDA or its designee shall refer the quescions, including the
views of all interested partxes and the recommendation of EDA or its designee, to the
Administrator for determination.
(iv) The wage rate (including fringe benefits where appmpriate) determined pursuant to
pazagra.phs (a)(2)(ii) or (iii) of this section, shall be paid to all workers performing work
in the classification under this contract from the first day on which work is performed in
the classificahon.
(3) Whenever the minimum wage rate prescribed in the contract for a class of laborers or
me�hanics includes a frin�ge benefit which is not expressed as an hourly rate, the
Cont�ac�tor shall either �y the benefit as stated in the wage determination or shall pay
another bona fide fringe benefit or an hourly cash equivalent thereof.
F,canomic Development Adnninistration
Contractmg Provisions for Construchon Projects
��'� �� G
(4) If the Contractor does not make payments to a trustee or other third person, the
Coatractor may consider as part of the wages of any laborer or mechanic the amount of
any costs reasonably atiticipated in providing bona fide fringe benefits under a pl� or
program, provided, tbat the Secretary of Labor has found, upon the written request of the
Contractar, that the applicable standards of the Davis-Bacon Act have been met. The
Secretary of Labor may require the Conhactor to set aside in a separate account assets for
the meeting of obligations under the plan or pmgram.
(b) WitL6olding
EDA or its designee shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld £rom the Contractor
under this Contract or any other federal contract with the same prime Contractor, or azry other
f�erally-assisted contract subject to Davis-Bacon prevailing wage requirements, wluch is held
by the same prime contractor so much of the accnied payments or advances as may be
considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers,
employed by the Contractor or any subcontractor the fiull amount of wages required by the
Contract. Ia the event of failare to pay any laborer or mechanic, including azty apprentice, trainee
or helper employ� or warlcing on the site of the Work in the construction or development of the
Project, all or part of the wages rec�uired by the Contract, EDA or its desigaee may, after written
notice to the Contracctor, sponsor, applicant, or owner, take such action as may be necessary to
cause the suspension of any fiuther payment, advance, or guarantee of fimds umil such vioiations
have ceased EDA or its designee may, after writtsn notice to the Cont�actor, disbwse such
amounts vc+ithheld for and on account of the Conlractor 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 contracis.
(c) Payrolls and basic records
(1} Payrolls and basic records relating thereto shall be maintained by the Contractor
during the course of the Work and preserved for a period of three years thereat�er for all
taborers and mechanics working at the site of the Work in the construction or
development of the Project. Such records shall contain the nanae, address, and social
security number of each such worker, his or her correct classification, hourly rates of
wages paid (including rates of contributions or costs aaticipated for bona fide fringe
benefits or cash equivalents thereof of the types described in section 1(b) (2) (B) af the
Davis-Bacon Act), daily and weekly number of hours worked, deductions made and
actual wages paid. Whenever the Secrehaiy of Labor has found under 29 C.F.R §
5.5(a)(lxiv) that the wages of any laborer or mechanic include the amount of any costs
re�sonably anticipated in providing benefits under a plan or program descn'bed in section
1(b)(2)(B} of the Davis-Bacon Act, the Contractor shall maintain records which show
that the commitment to provide such benefits is enforceable, the plan or program is
fivancially responsible, and the plan or prograzn has been communicated in writing to the
labore�rs or mechanics affectt�id, and provide records that show the costs aaticipated or the
actual cost incurned in providing such benefits. Contractors employing apprentices or
hainees under approved programs shall maintain written evidence of the registration of
Economic Development Administration
Coirtractin�g Proviseons for Construchon Proje�ts
�rl-1�'�G�" L
apprenticeship programs and certi8cation of tra,inee programs, the registration of the
apprentices and trainees, and the ratios and wage rates prescribed in the applicable
programs.
(2) (i) For each week in which Coatract work is performed, the ConUractor sha11 submit a
copy of all payrolls to the Owner for transmissioa to EDA or its designee. The payrolls
submitted shall set out accurately and completely all of the information required to be
maintained under 29 C.F.R part 5.5(a)(3xi). This information may be submitted in any
form desired. Optional Form WH-347 is available for this purpose. It msy be purchased
from the Superintendent of Documents {Federai Stock Number 029-005-000141), U.S.
Government Printing Office, Washington, D.C. 2Q402; or downloaded from the U.S.
Depaztinent of Labor's website at www.dol.gov/esa/forms/whd/index.htm. The pnme
Contractar is responsible for the submissian of copies of payrolls by ail subcontractors
(ii) Each payroll submitted sha11 be accompanied by a"Statement of Complimice,"
signed by the Contractor or subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the Contract and shall certify the following:
(A) That the payrolt for the payroll period contains the infarmation required to be
maintained under 29 C.F.R § 5.5(a}(3}(i) and that such information is correct and
complete;
(B) That each laborer or mechanic (including each helper, agprentice, and
trainee) employed on the Contract during the payroll period has been paid the full
weekly wages earned, without rebate, either directty or indir�tty, and that no
deductions have been made either directly or indirectly from the full wages
earned, other than permissible 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 specified in the applicable wage`determination incorporated into the
Coatract.
(iri) The weekly submission of a pmperly executed certification set forth on the reverse
side of Optional Form WH-347 s�all satisfy the requirement for submission of the
"Statement of Compliance" required by paragraph 14(c)(ii) of this section.
(iv) The falsification of any of the above certifications ma.y subject the Comractor or
subcontractor to civil or criminal pmse�ution under section 1001 of Tide 18 and section
231 of Tide 31 of the U.S. Code.
(3) The Contractor or subcontractor sball make the records required under paragraph
14(c)(1) of this section available for inspection, copying, or transcription by authori�ed
representatives of EDA or its designee or the Department of Labor, and shall permit such
representatives to interview employees duriag working hours on the job. If the
Contractor or subcontr�ctor fails to submit the required records or to make them
Economic Developm�t AdmuUStration
Contractmg Provisions £�r Conshuct�on Prolects
��� �� �/
available, EDA or its designee may, after writtea notice to the Contractor or Owner, take
such action as may be necessary to cause the suspension of any further payment, advance,
or guarantee of funds. Fwrthermore, failure to submit the required records upon request
or to make such records available may be grounds for debazment action pursuant to 29
C.F.R part 5.12.
(d) Apprennces and Trainees.
(I) Appreatices. Apprentices will be permitted to work at less than the predetermined
rate for the work they performed when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered with the U.S. Departme�t of
Labor, Employment and Training Administration, Bureau of Appreaticeship and
Training, or with a State Apprenticeship Agency recagniaed by the Bureau, or if a person
is employed in his or her first 90 days of probationary empioyment as an apprentice in
such an apprenticeship progrann, who is not individually registered in the program, but
who has been cer�tified by the Bureau of Apprenticeship and Training or a State
Apprenticeship Agency (where appropriate) to be eligible for probationary employment
as an apprentice. The allowable ratio of apprentices to jouineymen on the job site in aay
craft classification sha11 not be greater than the ratio permitted to the Contractor as to the
entire work force under the register�d program. Any worker Gsted on a payroll at an
apprentice wage rate who is not registered or othervvise employed as stated above, shall
be paid not less than the applicable wage rate on the wage detiermination for the
classificatioa of work actually pezformed In addition, any apprentice performing work
on the job site in excess of the ratio permitted under the registered program shall be paid
not Iess than the applicable wage rate on the wage determination for the work actually
performed. Where a Contractor is performing const�vction on a Project in a locality other
than that in wluch its program is registered, the ratios �nd wage rates (expzessed in
percenta.ges of the journeyman's hourly rate) spe�ified in the Contractor's or
subcontractor's registered progrdm shall be observed. Every $pprentice must be paid at
not less than the r�te specified in the registered progiam for the apprentice's level of
pmgress, expressed as a percentage of the journeymen hourly rate specified in the
applicable wage determination Appre�ices shail be paid fiinge benefits in accordance
with the provisions of the apprenticeship pmgiam. fftlte appren�ticeship program does
not specify friage benefits, apprentices must be paid the full amount of fringe benefits
listed on the wage detenmination for the applicable classification. If the Administrator
determines that a different practice prevails for the apphcable apprentice classification,
fringes shall be paid in accordance with that determinaiion. In the event the Bureau of
Apprenticeship and Training, or a State Apprenticeship Agency re�ognized by the
Bureau, withdraws appmval of an apprenticeship program, the Contractor will no longer
be permitted to utilize apprentices at less thsa the applicable pre�etez�mined rate for the
work perform� until an acceptable program is approved.
(2} Trainees. Except as provided in 29 C.F.R. § 5.16, tisinees will not be permitted to
work at less than the predetermined rate for the work performed unless they are employed
pursuaat to and individually registered in a program th�t has received prior approval,
evidenced by formal certification by the U.S. Deparament of Labor, Employment and
Economic Development Admmislratcon
Contracting Provisions for Conswction Pmjects
�b1�� �T �
Training Administration. The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan appmved by the Employment and Training
Administration. Every trainee must be paid at not less than the rate specified in the
approved program for the trainee's level of progress, expressed as a percentage of the
journeyman's hourly rate specified in the applicable wage determination. Trainees shall
be paid fringe benefits in accordaace with the provis�ons of the trainee program. If the
trainee program does not mention fringe benefits, traiaees shall be paid the fiill amount of
fringe benefits tisted on the wage determination unless the Administrator of the Wage
and Hour Division determines that there is an apprenticeship program associated with the
corresponding joumeyman wage rate on the wage determination which provides for less
than full fringe benefits for apprentices. Any employee listed on the payroll at a tramee
rate who is nat registered and participating in a traini�ng plan approved by the
Employment and Training Administration shall be paid not tess than the applicable wage
rate on the wage determination for the classification of work actually performed. In
additioa, any trainee performing work on the job site in excess of the ratio permitted
under the registered program shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed. In the event the Employment and
Training Administration withdraws approval of a training progrRm, the Contractor will no
Ionger be permitzed 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 util�zation of apprentices, trainees and
journeymen undex this part shail be in conformity with the equal employme� opporhuiity
requirements of Executive Order 11246, Equal Employment Opporturaty, as amended,
and 29 C.F.R part 30.
(e) Compliance with Copeland Anti-Kickback Act Reqnirements. The Contractor shall
comply with the Copeland Anti-Kickback Act (18 U.S.C. § 874 and 4d U.S.C. § 276(c)) as
supplemented by I�partrnent of La6or regulations (29 C.F.R. part 3, "Contractors and
Subcontractors on Public Buildings or Public Works Financed in Wliole or in Part by Lo�s or
Grants of the United States"}. The Act provides that the Contractor and any subcontractors shall
be prohibited from inducing, by any means, any person employed in the construction,
completion, or repair of public facilities, to give up aay part of the compensation ta which they
are otherwise eatitled. The Owner shaU report all suspected or reported violations to EDA.
(� Subcontracts. The Contractor and any subcontractors wil! 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 clause requinng the subcontractors to include these clauses in
any lower tier subcontracts. The prime Contractor shall be respomsible for the compliance by
any subcontractor or lower tier subcontra.ctor with all the contract clauses in 29 C.F.R part 5.5.
(g) Contract termination; debarment. The breach of the contcact clauses in 29 C.F.R part 5.5
may be grounds for termination of the contract, and for debarment as a Contractor and a
subcontra.ctor as provided in 29 C.F.R § 5.12.
Econamic Developme�nt Administrat�on
Contracdng Prov�sions for Construchon Projects
��9 �T �
(h) Compliance with Davis-Bacon and Related Act Requireffients. All rulings and
izrterpretations of the Da.vis-Bacon anc! Related Acts contained in 29 C.F.R. parts 1, 3, and 5 are
herem incorporated by reference in this contract.
(i) Disputes concerning labor standards. I}isputes arising out of the labor st�dazds
provisions of this Contiact sha11 not be subject to the general disputes clause of this Contract
Such disputes shall be resolved in accordance with the pmcedures 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 its designee, the U.S.
Department of Labor, or the employees or their representatives.
{j) Certification of Eligibility.
(1)By entering into this Contract, the Contractor certifies that neither it nor any person or
firm that has an interest in the Contractor's firm 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 virtue of section 3(a) of the Davis-Bacon Act or 29
C.F.R § 5.12{a){l).
(3) The penalty for making false statements is prescribed in the U.S. Criminal Code,18
U.S.C. § 1001.
16. LABOR STAND.ARDS - CONTRACT WORK HOURS AND SAFETY
STANDA►RDS ACT
As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards.
(a) Overtime requirements. No Contractor or subcontractor co�racting for any part of the
Contract work, which may require or involve the employment of laborers or mechanics, sha11
require or permit any such labarer or mechanic in any workweek in which tbat person is
employ� on such work to work in excess of forty hours in such workweek unless such laborer
or mechanic neceives compensafion at a rate not less thaa one and one-half times the basic rate of
pay for all hours worked in excess of forty hours in such workweek.
(b) Vaolation; liabitity for unpaid wages, liq�eidated damages. In the event of any violation of
the clause set forth in paragra�h (a) of this sectioa, the Contractor and any subcontractor
responsible 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 contract for the
Di.strict of Columbia or a territory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individuai laborer or mecha�uc,
including wadchmen and guards, employed in violation of the clause set forth in paragraph (a) of
this section, in the svm of $10 for each calendar day on which such individual was required or
Economic Devslopment Admuustrahon
Contrachag Provisions for Consttuction Proj�
�'�"�� �!� �/
permitted to work in excess of the standard workweek of £orty hours without payment of the
overtime wages required by the clause set forth in paragraph (a) of this section.
(c) Withhoiding for anpaid wages and liquidated damages. EDA or its designee sball upon
its own actioa or upon written request of an authorized representa.tive of the Depazbnent of
Labor withhold or cause to be withheld, from an►y monies payable on account of work performed
by the Contractor or subcontractor under any such Contract or any other federal contract with the
same prime Contractor, or any ather federally-assisted contract subject to the Contra�ct Work
Hours and Safety Standards Act, which is held by the same prime Contractor such sums as may
be determined to be necessary ta satisfy any liabilities of such Contractor or subcontractor for
unp�d wages and liquidated damages as provided in the clause set forth in paragraph (b) of this
section,
(d} Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses
set forth in paragraphs (a) through {c} of this section and also a clause requiring the
subcontractors to iaciude these clauses in any lower tier subcontracts. The prime Contractor shall
be responsible for comptiance by any subcontractor or lower tier subcontractor with the clauses
sei forth in paragraphs (a) through (c) of this section
17. EOUAL EMPLOYN�NT OPPORTUNITY
(a} The Recipient hereby agrees that it will incorporate or cause to be incorporated into any
contract for constniction work, or modificatian th�reof, as defined in the regulations of the
Secretary of Labor at 41 C.F.R ch$pter 60, which is paid for in whole or in part with funds
obtained from EDA, the following equal opportunity clause:
Duruig the performance of this contract, the Coatractor agrees as follows:
(1} The Contractor will not discrimina#e against any employee or appGcant for
employment because of race, color, religion, sex, or national origin. The Contractor will
take affirmative action to ensure that applicants aze employed, and that employees are
treated duri.ng employment without regard to their race, colar, religion, sex or national
origin. Such action shall include, but not be limited to the following: Employment,
upgrading, demotion, or transfer; recruitment or recnutment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training
including apprenticeship. The Contractor agrees to post in conspicuous places available
to employees and applicants for employment notices to be provided setting forth the
provisions of this nondiscrimination clause.
(2) The Contractor will, in alI solicitations or advertisements for employees placed by or
on behalf of the Contractor state that all qaalified applicants will receive consideratioa
for employmexrt without regard to race, color, religion, sex, or national origin.
(3) The Contractor will send to each labor union or representative of workers with which
it hss a collective bargaining agreement or other contract or unde;rstanding a notice to be
provided advising the said labor union or workers representatives of the Contracto�'s
F.conomic Developm�t Administration
Contrachng Provisions for Co�ructton Projects
��r�'�/� V
i�
��
commitments hereunder, and shall post copies of the notice in conspicuous places
available to employees and applicants for employmen�
(4) The Contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965 and of the rules, regulations, and relevant orders of the Secretary of
Labor.
(5) The Contractor will finnish all information and reports required by Fxecutive Order
11246 of September 24,1965, and pursuant to rules, regulations, and orders of the
Secretary of Labor and will permit access to its books, records, and accouats by the
Secretary of Labor for purposes of investigation to ascerl�in compliance with such rules,
regulations, and arders.
(6) In the event of the Contracto�'s noncompliance with the nondiscrimination clauses of
this Contract or with any of the said rules, regulations, or orders, this Conhact may be
canceled, tenninated, or suspended in whole or in part and the Contractor may be
declared ineligible for fiuther Government contracts or federally-assisted cons�uction
contracts in accordance with procedures suthorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed an.d remedies invoked as
pmvided in Executive Order 11246 of September 24,1965, or by rule, regulafions or
order of the Secretary of Labor, or as otherwise provided by law.
('n The Contra,ctor will include the portion of the sentence immediately preceding
P�Ph 17(a) (1) and the provisions of paragraphs 17(a)(1) through (6) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the
Secret�y of Labor issued pursuant to section 204 of 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 respect to any subcontract or purchase
order as EDA or the Secretary of Labor may direct as a means of enforcing such
provisions, including sanctions for noncompliance. Provided, hoW that in the e�
the Contractor becomes iuvolved in or is threatened with litigation with or by a
subcontractor or vendor as a resvlt of such direction by EDA or the Secretary of Labor,
the Contractor may request the United States to e�er into such litigation to protect the
interests of the United States.
(8) The Recipient fvrther agrees that it will be bouud by the above equal opportunity
clause with respect to its own employment praCtices when it participates in federally-
assisted construction work. Provided, however, that if the Recipient so participating is a
State or local government, the above equal opportunity clause is not �plicable to any
agency, insMmlentality, or subdivision of such government that does not participate in
work on or under the Con�ract.
(9) The Recipiern agrees that it will assist and cooperate actively with EDA and the
Secretary of Labor in obtainiag the compliance of contirracctors and subcontractors vvith the
equal opporiunity clause and the rules, regulations, and relevant orders of the Secretary of
Labor, that zt will fiunish EDA anci the Secretary of Labor such information as they may
Economic Development Administirration
Contracting Provis�ons for Conshuchon Projects
�'�'�� �� �
require for the supervisian of such compliance, and that it �uvilt othervvise assist EDA in
the dis�harge of the EDA's prunary responsibility for securing compliance.
(10) The Re,�cipieirt further agrees tbat it will refrain from entering into any contsact or
contract modification subject to Fxecutive Order 11246 of September 24, 1965, with a
Contractor debarred from, or who has not demonsbrated eligibility for, Government
contracts and federally assisted construction contracts pursuant to the Executive order
and will carry out such sanctions and penalties for violation of the equal opgortunity
clause as may be imposed upon conhactors and 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 comply with these undertakings, IDA may take any or
all of the following a,ctions: Cancel, terminate, or suspend in whole or in part ttris EDA
financial assistance; refrain from extending any fiather assistance to the applicant under
the program with respe�t to which the failwre or refund occurred until sa,tisfactory
assurance of future compliance has been received &om such applican� and refer the case
to the Departmeirt of Justice for appropriate legai proceedings.
(b) Exemptions to Above Equal Opporh�nity Clause (41 C.F.R chapter 6Q):
(1) Contracts and subcontracts not e7cceed'mg $10,000 (other than Government bills of
lading� are exemgt. The amount of the Contract, rather than the amount of the federal
financiai assistan.ce, shall govern in determining the applicability of this exemptioa
(2) Except in the case of subcomractors for the performance of construction work at the
site of consiruction, the clause shall not be reqwred to be inserted in subconhacts below
the second tier.
(3) Comracts and subcontracts not exceeding $10,000 for standard commercial supplies
or raw materials are exemp�
18. CONTRACTII�TG WITH SMAI.L. MINORITY AND WOMEN'S BUSINESSES
(a) If the Cont�rractor intends to let any subcontracts for a portion of the work, the Contractor
shall take a�irmative steps to assure that small, minority and women's businesses are us� when
possible as sources of supplies, equipment, constraction, and sernices.
(b) At�irmative steps shall consist ofi
(1) Placing qualified small and miaority busin� and women's business enterprises on
solicitation lists;
(2) Ensurinig that smatl and minority businesses and women's business enterprises are
solicited whenever they are potential sources;
Economic Development Admmistration
Contract�ng Provisions frn Construchon Projects
��'��T G
(3) Dividing total requiremeats, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses and
women's business enterprises;
(4) Establishing delivery schedules, where the requirements of the con�act permit, which
encourage participation by small and minority bi�sinesses and women's business
enterprises;
(5) Using the services and assistance of the U.S. Small Business Admirustcation, the
Minority Business Development Agency of the U.S. Department of Commerce, and State
and local governmental small business agencies;
(b) Requiring each garty to a subcontract to take the affirmative steps of this section; aad
(7} The Contractor is encouraged to procure goods and services from labor surplus area
firms.
19. HEALTH. SAFETY, AND ACCIDENT PREVENTION
(a) In performing ttris coatract, the Contractor shall:
(1) Ensure that no taborer or mechanic shall be required to work in surroundings or
under working conditions which are unsanitary, hazardous, or dangerous to their health
and/or safeiy as determined under constcuction safety aad heatth standazds promulgated
by the Secretary of Labor by regulation;
{2) Protect the lives, health, and safety of other persons;
(3) Prevent damage to property, materials, supplies, and eqenpment; and,
(4) Avoid work interrugtions.
(b) For these purposes, the Contractor shall:
(1) Comply with regulations and standards issued by the Secretary of Labor 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 (44 IJ.S.C. § 3701— 3708); and
(2) Include the terms of this clause in every subcontract so that such terms will be
binding on each subcontractor.
(c) The Contractor shall mu�intain aa acccu�ate r�cord of exposure data on all accidems incident to
work performed under this Contract resulting in death, traumatic injury, occupational disease, or
damage to property, materials, supplies, or equipment, and shall report this data in the manner
prescribed by 29 C.F.R. part 1904.
Economic I�velopment Administration
Co�racUng Proviseons for Constnict�on Projects
� �'�e� �/� �S►
(d) The Owner shsll notify the Contractor of any noncompliance with these requirements and of
the con�ctive action required. This notice, when delivered to the Contractor or the Contra.ctor's
representative at the site of the Work, shall be de.emed sufficiern notice of the noncompliance
and corrective action required. Af�er receiving the notice, the Contractor shall immediately take
con�ective action. If the Contractor fails or refuses to take corrective action pmmptly, the Owner
may issue an order 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 adjustmern for additional
time or money on any stop order issued under these circumstances.
(e) The Contractor shail be responsible for its subcontractors' compliance with the provisions of
tlus clause. The Can�ractor shall take such action with respect to any subcontract as EDA, or the
Secretary of Labor shall direct as a means of �nforcing such pmvisions.
20. CONFLICT OF INTEREST AND OTHER PROHIBITED INTERESTS
(a) No o�icial of the Owner who is autharized in such capacity aad on behalf of the Owner to
negotiate, make, accept, or approve, or to take part in negotiating, makin.g, acce�ting, or
approving any archit�echual, engineering, i�nspection, constiuction or material supply contract or
any subcflntract in connection with the construction of the Project, shall become directly or
indirectly urterested persflnally in this Contract or in any part hereof.
(b) No officer, employee, architect, attorney, engineer, or inspector of or for the Owner who is
authorized in such capacity and on behalf of the Owner to exercise any legislative, executive,
supervisory or other similar fimctions in connection with the consGnxction of the Project, shaU
become directly or indirecdy interested personally in this Conttact or in any part thereof, atry
material supply contract, subcontract, insurance contract, or any other contract pertaiuing to the
Project.
(c) The Contractor may not knowingly contract with a supplier or manufacturer if the individual
or entity who prepared the Contract Documeuts has a corporate or financial affiliation with the
suppLer or manufacteu�er.
(d} The Owner's officers, employees, or agents shall not engage in the award or administration
of ihis Contract if a conflict of interest, real or apparent, may be involved. Such a conflict may
arise when: (i} the employee, officer or agent; (u} any member of their immediate family; (iu)
their partaer or (iv) an organization that employs, or is about to employ, any of the above, has a
financial interest in the Contractor. The Owner's offcers, employees, or agents shall 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 the Contractor's
agents or representatives, offered or gave gratuities (in the form of entertainment, gifts, ar
otherwise) to any official, employee, or agent of the Owner or EDA ia an attempt to secure ttus
Contract or favorable treatment in awarding, amending, or making any detern�inations related to
the performance of this ContraCt, the Owner may, by writtea notice to the Contractor, terminate
this Contract. The Owner may also pursue other rights and remedies that the law or this Contract
Economic Development Adminishation
Co�achng Prov�sions for Coastruction Pmjects
1�''v`�r�� �/� `,■II
provides. However, the existence of the facts on which the Owner bases such findings sha11 be
an issue and may be reviewed in proceedings under the dispute resolution provisions of this
Contrac�.
( fl In the event this Contra,ct is terminated as provided in patagraph (e) of this secrion, the
Owner may pursue the sa�m�e remeclies against the Contractor as it coutd pursue in the evern of a
breach of this Contract by the Contractor. As a penalty, in addition to any other darnages to
which it may be entided by law, th�e Owner may pursue exemplary damages in an amount (as
determined by the Owner) which shall not be less than three nor more than ten times the costs the
Contractor incurs in providing any such gratuities to any such officer or employee.
21. RESTRICTIONS ON LOBBYIl�iG
(a) This Contract, or subcontract is subject to secction 319 of Public Law 101-121, which added
section 1352, regarding lobbying restrictions, to chapter 13 of title 31 of the United States Code
The new section is explained in t�e common ru1e, 15 C.F.R part 28 (55 FR 6736-6748, Febivary
26,1990). Each bidder under this Contract or subcontract is generally prohibited from usin�
federal funds for lobbyiag the Executive or Legislative Branches of the Federat Government in
connection with tlus EDA Awazd
(b) Contract Clause Threshold: This Contract Clause regarc�ing lobbying must be included in
each bid for a contract or subcontract exceeding $100,000 of federal funds at any tier euider the
EDA Awazd.
(c) CerteRcation and Disclosnre: Each bidder of a contra�ct or subcontract exceeding $100,00Q
of federal funds at any fiier under the federal Award must file Form CD-512, Certification
Regard�ng Lobbying, and, if appiicable, Standard Form LLL, Disclosure ofLobbycngActivities,
regarding the use of any nonfederal funds for lobbying. Certifica�ions shall be retained by the
Contractor or subcornractor at the next higher tier. All disclosure fomis, however, shall be
forwarded from tier to tier until received by the R�ecipient of the EDA Award, who shaU forward
all disclosure fornas to EDA.
(d) Continning Disclosnre Requirement: Each Contractor or subcontractor that is subject to
the Certification and Disclosure provision of this Contract Clause is required to file a disclosure
form at the end of each calendar quarter in which there occurs any event that requires disclosure
or that materially affects the ac�uracy of the information contained in any disclosure form
previously filed by such person. Disclosure forms shall be forwarded from tier to tier until
received by the Recipient of the EDA Award, who shall forward a11 disclosure forms to EDA.
(e) Indian Tribes, Tribal Organixations, or Uther Indian Orgaa�ations: Indian tribes,
tribal organizations, or any other Indian ozganizations, including Alaskan Native organizatioas,
are excluded from the above lobbying restnctions and reporting requirements, but only with
respect to expenditures that are by such tribes or organizations for lobbying activities permitted
by other fed�ral law. An Indian tribe or arganization that is seeking an exclusion from
Certification and Disclosure requiremeuts must provide EDA with the citation of the provision or
provisions of federal l�w upon wluch it relies to conduct lobbying activities that would otherwise
Economic Development Administration
Contrading Pivvisions for Construcrion Projects
���'L'� � V
be subject to the prahibitions in and to the Certification and Disclosure requirements of section
319 of Public Law No.101-I21, preferably through an attorney's opinion. Note, also, that a non
Indian subrecipient, contractor, or subcontractor under an award to an Indian tribe, for example,
is subject to the restrictions and reporting requirements.
22. HISTORICAL AND A►RCHAEOLOGICAL DATA PRESERVATION
The Contractor agrees to facilitate the pressrvation and enhancement of slructures and objects of
histoncal, architectural or azchaeological significauce and when such items are found and/or
uneazthed during the couise of project construction. Any excavation by #he Contra.cctor that
uncovers an historical or archaeological artifact shall be immaiiatety reported to the Owner and
a representative of EDA. Construction shail be temporarily halted pending the notification
process and further directions issued by EDA after consultation with the State Historic
Preservation Officer (SHPO) for recovery of the items. See the National Historic Preservation
Act of 1956 (80 Stat 915,16 U.S.C. § 470) and Executive Order No. 11593 of May 31,1971.
23. CLEAN AIR AND WATER
Applicable to Contr�s in Excess of $100,000
(a) Definition. "Facility" means any building, plant, installation, structure, mine, vessel, or
other floafmg 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 or site of operations includes more than one building, plant, installation, or struchne, the
entire location or site shall be deemed a facility except whsn the Administrator, or a designee, of
the United States Environmental Protection Agency (EPA) deterniines that independent facilities
are collocated in one geographical area.
(b) In campliance with regulations issued by the EPA, 2 C.F.R. part 1532, pursuant to the Clean
Air Act, as amended (42 U.S.C. § 7401 et seq.); the Federal Water Pollution Controt Act, as
amended (33 U.S.C. § 1251 et seq ); and Executive Order 11738, the Contractor agrees to:
(1) Not utilize any faciGty ut the 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 remains on the list;
(2) Prompdy notify the Owner if a facility the Contractor intends to use in the
perform�ce of this conhact is on the EPA List of Violating Facilities or the Contractor
knows that it has been recommended to be placed on the List;
(3) Comply with all requiremeats of the Clean Air Act and the Federal Water Pollution
Control Act, including the requirements of section 114 af the Clean Air Act and section
3Q8 of the Federal Water Pollution Control Act, and all applicable clean air and clean
water staadards; and
Economic Deveiopment Admimshation
Contcactmg Provisions for Con�ruchon Projects
��+.�L'C� CC�
(4) Inciude or cause to 6e included the provisions of this clause in every subcontract and
take such action as EDA may direct as a means of enforcing such provisions.
24. USE OF LEAD-BASED PAINTS ON RESIDENTIAL STRUCTURES
(a) If the work under this Contract involves construction or rehabilitativn of residential
structures, the Contractor shall comply with the Lead based Paint Poisoning Prevention Act (42
U.S.C. § 4831}. The Contractor shall assure that paint used on the Project on applicable surfaces
does not contain lead in excess of the percentages sst forth in Paragraphs (a} and (b) of this
section. In determining compliance with these standards, the Iead content of the paint shall be
measured on the basis of the total nonvolatiie content of the pairn or on the basis of an equivalent
measure of lead in the dried film of paint already applied.
(1 } For paint manafa�ctured after June 22, YI7, paint may not contain lead in excess of 6
one-hundredths of 1 percent (.0006) iead by weight
(2) For paint manufa�ctin�ed on or before Jtme 22,1977, paint may not contain lead in
excess of five-tenths of 1 percent lead by weight.
(b) As a condition to receivmg assistance under PWEDA, recipients shall assure that the
restriction against the vse of lead-based pa.int is included in all contracts and subcontracts
involving the use of federal fi�nds.
(c) Defiaitions
(1} "Appticabie surfaces" are those exteriar surfaces wluch are readily accessible to
chiidren under seven years of age.
(2) "Residential structures" means houses, apartinents, or other structures intended for
human habitation, including institutional structin�es where persons reside, which are
accessible to cl�ildren under seven years of age, such as day car� centers, urtermediate
and extended care facilities, and certain community facilities
25. ENERGY EFFICIENCY
The Contractor shall comply with all standards and policies relating to energy ei�ciency which
are contained in the energy conservation ptan issued in compliance with the Energy Policy and
Conservation Act (Public L. No. 94-1b3) for the State in which the Work under the Contract is
performed.
26. ENVIRONMENTAL REOLiIItEB�NTS
When const�ucting a Project involving trenching and/or other related earth e�ccavations, the
Contractor shall comply with the following enviromnental constraints:
(1) Wetlauds. When disposing ofexcess, spoil, or other cons�ruction materials on
public or private property, the Contractor shall not fill in or othervv�ise convert wetlands.
Econvmic Development Admmistration
Contracting Provis�ons for Consauctioa Projects
���� �
(2) Floodplains. When disposing of e�ccess, spoil, or other construction materials on
public or private praperty, the Contractor shall not fill in or otherwise convert 1 UO year
floodplain areas delinea�ed on the lactest Federal Emergency Management Agency
(FEMA} Floodplain Maps, or other appropriate maps, i.e., alluvial soils on Natural
Resource Conservation Service (NRCS) Soil Survey Maps.
(4) Endangered Species. The Confiractor shall comply with the Endangered Species
Act, which provides for the protec�ion of endangered and/or threatened species and
critical habitat. Should any evidence of the presence of endangered and/or threatened
species or their critical habitat be brought to the attention of the Contractor, the
Coniractor will immediately report this evidence to the Owner and a represeirtative of
EDA. Construction shall be temporarily halt� pending the notification pzocess and
further direc6ons issued bq EDA after consultation with the U.S. Fish and Wildlife
Service.
27. DEBARMENT. SUSPENSION, INELIGIBILITY. AND VOLUNTARY
EXCLUSIONS
As required by Executive Order 12549, Debarmem and Suspension, and implemented at 2
C.F.R. part 1326, for prospective participants in lower tier covend tiansactions (except
subcontracts for goods or services under the $25,040 small purchase threshold unless the
subrecipient will have a critical ir�luence on or substantive control over the award), as defined at
2 C.F.R. part 1326.
(1) By en#ering into this Contract, and by further executing Form CD-S I 2, the Contractor
and subcontractors certify, that neither it nor its principals is presendy debarr�d,
suspended, proposed for debminent, declared ineligible, or voluntarily excluded from
participation in this Cont�rract by any federal department or agency.
(2) Where the Contractor or subcontractors are unable to certify to any of the statements
in tlus certification, the Cantractor or subcontractors shall attach an explanation to dus
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 according to the
specifications provid� by EDA. To the extent practical, the sign should be a fiee standing sign.
Project signs shall not be located on public highway rights-of-way. Location and height of signs
will be coordinated with the local agency responsible for highway or street safety in the Project
area, if azry possibility exists for ohstructing vehicular traffic line of sigh� Whenever the IDA
site sign specifications conflict with State 1aw or local ordinances, the EDA Regianal Director
will permit such conflicting specifications to be modified so as to comply with State law or local
ordinance.
Eoonomic Development Admmistiration
Contracting Pmvisions for Const�uction Projeds
������� �
EXHIBiT D- Signed Form of Proposal
Signed Form of Proposal:
o Form of Proposal as completed by Serpanok 19 October 2011. Signed
Proposal is herein attached (6 pages}
Exhibit D- S�gned Farm of Proposal
�
PARK 8� 4� STREET — PHASE TV4►O
CI'�Y OF BREMERTON
EDA Award IVo 07-01-06590
City of Breme�ton
Aftn Gary Sextan
345 6�' Street, 5ude 600
Bremerton, Wash�ngton 88337
PART I - BID PROPOSAL
FORM QF PROPOSAL
The undersigned, having carefuEiy exammed the ContracE Documents entiiied `City of Bremerton
, Garage Screening aE Buruuelt $rernertan, Washingtan' as well as the sRe af the proposed wark, and
being famitiat wrth a!! of the cond�ons affecting fhe construction of the propased prajeci, hereby propases
to fum�sh all fabor, materials and suppties and to construct the Project and perform afi work as reqwred
by and in stnct accordance with �he CoMract Documents and all addenda at the pnces stated below
1 01 BASE BID
The undersigned agrees to pe�form the Work described m ar� as modified by aEf addenda for the sum of
� - nih� ��ov � �h r� ni he /�vh�f�ea� ^ � �
� ��
DoElars {� � �S� } 1 �
(Print Dollar amount �n space above) (Do not inc(ude Washington State Safes Tax)
vuhich sum is hereby designated Base 8id
{Amount sha(t be shown in both words and itgures tn case of d�screpancy the amount shown in words
w�li govern )
9 02 Ai.TERNA7E BIDS (DO NOT INCLUpE WASHINGTON STATE SALES TAX)
The undersigned proposes to perForm work catled tar In th� foltowing altemates as descnbed in 2he
Contract Documents, for the sums wh�ch are to be added to or deducted from the Base B�d as foUows
ALTERNATE No — None
1 Q3 UN1T P�210ES {DO t�OT lNCLUDE WASHINGTON STATE SALES TAX}
UNIT PRlCE Wo_ 1— Nane
9 04 COf�tTRACT
Ef the undersigned rs notified of the acceptance of thts praposal wrthin s'txiy (60) days of the t�me set for
the openrng of bids, the undersigned agrees to execuie a Contract for the above Work, for a
corr�pensation computed from the above namecf sums
9_05 TIME OF COMPLET'lON
The undersigned hereby agrees #o commence wortc under this Corttract on or before a date to be
specifed rn a wntten "Nouce to Proceed", and to substanttally complete the Work not fater than Th�rty (3a)
caiendar days after the date of "Nodce to Proceed"
PAGE l �
t �
I �
, i
, i
; �
; �
� I I
[ � ,
i
: '
:
�
. ,
a
I'
� ' i
� ,
, ` i
��
a �
; �
;
E I
� �
� y I
i
i i
! i
r �
�
i i I
' t
1 ;
� � �
E
i
, i �
�
� �
� i
I , �
r � �
� � I
; � ,
f f
1 '
�
� �
� �
} �
I �
� ;
�
I
� € i
�
PARK & 4"' STREET— P�1ASE TWO
CiTY aF BREMERTOM
EDA Award No Q7-01-06590
FORRA OF PRpPOSAL
Bidder has attached PreUmtnary Constructton ScheduEe
1 06 R�INSTATEMENT flF UNACCEPTEd ALTERNA'FES OR UNIT PRICES
The unders�gned further agrees t�at Ehe Owner shalE have the r�ght to remstate, at the b�d pnce, any
aiterrtate b�d not �ncorporated �nto ihe Contract �f the Owner so not�fies the Contractor with�n nmety (SO}
calendar days after the signing of fhe Contract
'F �9 ADDENDA
Recetpt of Addenda [tumbeCed�th[ough � is hereby acknovuledged
4.10 ENCLOSURES WtTH THE BID
A Acknowledgment of Principa! af Bidder �s signecE and notarized '�
B Affidavit of NorrCotlus�on �s included �
�� r. Q��.��
Street ar Su�[drng Address
�����
�, s�� �
24 -��3�
TeEephone
�
._� - . - ,�.��,�..,� � ,
-. _ - , : ;�
.
��
�r�"�J
.
,.
.��.. _
--��P���?cl�� O
State of Washingtorl
Contractors Reg�stration No
1�4. LeN — �9L
Stace of Washington Worker's
Ca�npensatlon No
ZO
Federa( Tax IQ fVo
�
� � �
�
1
i
� �
3 �
� �
. ;
�
�
� �
�
1 '
f
�
F
i
t
t
t
!
�
�
I `
, ' ,
r � �
i i
� '
i �
{
;
' ;
j � ,
i i ,
i
�;
� i
�
� �
;
� �
PAGE 2 i
!
�
� 3
� I
1 �
I
PARK & 4 STREET- PHASE TWO
CETY OF BREMERTQN
EDA Award No 07-01-06590
FORNi OF PROP�SAL
{ACKNOWLE�GMENT O� PRlNCfPAL �F BIDpER, tF A CORPORATlOJVj
State of �`�'�"��'�� �
Courtty of /- / P�1"(,�Q,�, 1 ss
�
�� f'�
on th�s day of �� , 2� before me personally came and appeared
� �����' Itt�own to me, o be�n
�,� �, ����� swo� did de�se and say that he
esides at �i� r� f} 9� 4�D� and
the corporation descnbed m and which executed the foregang mstrumenE, that he knotvs the seaE of said
corporaUan, that one of the impressions affixed (n said tnstrument �s an impression of such sea(, that if
was so affixed by order of the d�rectors of sard carporatron, and that he signed his name thereto by I�Ce
order
�N WITNESS WHCREOF,1 have F�ereunto set my Itand and affixed my offtc�al seal t3te day and year fcisf
wi�tten a6ove _
{Seal ar
_����" � �������
Notary Signattrm
�"r,r/rk. �. /�l�'kPi/r,�a��
Print/i'ype Name
Notary PubEsc in and for t(ie State of Washington,
resEdmg at _ _��/fl�-
My appo�ntment exptres Qf �—� y
(ACKNOWLEQGMENT OF PRINCIPAL OF BIDDER, !F A PART�ERSHIP)
State of �
) ss
County of �
�n th�s day af , 20____ before me personally came and appeared to me
knawn, and known to me to b� ane of the members of lhe firm of, descr�bed in and who executed the
foregoing �rtstrumeRt, and he acknowledged to me that he execuled the same as and for fhe act and deed
of said firm
IN W[TNESS WHEREOF, I have hereunta set my hand and affixed my offic�al seal the day and year first
wr�tten abave
,PAGE - 3
�
f
F
�_
�
i
€
#
�
I
�
�
,
�
i
f
�
I
i
� �
1
�
1
i ;
G '
� i
� '
t i
I
� �
, i
�
�
,� �
� i
i �
i
�
3 I
t
t
,
� ;
,�
, °
; �
� j i
� y
� �
, �
� i I
� j i
; i
�
� �
i I
3 �
i
PARK & 4 STREET — PHASE TWO
CiTY OF BREMERTON
EDA Award No 07-09-0659d
(Seal or Sfamp}
(ACKNOWLEDGMEiVT OF PRINCIPAL OF BlDDER, IF A SOLE PROPRIETORSHIP}
Prtnt/!'ype Naine
Notary Publi� in and fo� the State �f Washingtor�_
• res�ding at
My appo�ntment exp�res
FOftM OF PROPQSAL
Notaey Signature
State of �
)�
County of �
On this day of , 20 befors me gersonally came and appeared to me
known, and known ta me to be one of the members of the flrm of, descn6ed m and who executed the
farego�ng mstrument, and fie acknowledged to me that he executed tFie sanle as and for the act and deed
of said firm
tN W11T! ESS WHEREOF, I have hereunta set my hand and afftxed my ofFicfal seat the day and year first
wntten above
, ;
,
; � �
, I
� ,
� I
t ,
: �
E
�
!
� , �
i � '
� �
i
�
,
{Seal or Stamp)
�
Notary Stgnature
0
Pr�ntlType Tdame
Notary Aublic in and for the State of Wastungton,
�es�ding at
My appomtment expires _
PAGE-4
i 3
1
I
' i i
� � �
� I I
i ! �
i i
! �
,
� .
,
, I
� �
� �
;
i �
� �
t
� �
I
� I
�
; I
PARK & 4 STREET — PHASE TWO
CtTY OF BREMERT01�
EDA Award Na 07-q7-p6590
AF�IpAVlT OF NQI�-C�LLUSIOi�f
State of Washmgfon )
) ss
Caunty of �i li/�� }
FORM OF pRaPOSAL
bemg duly swom, deposes and says, that he is the idenbcal person who subm�tted the foregomg proposai
or bid, and #hat such bid is genuine and not sham or coflusn�e oe made in the �nterest or on behaif of any
person not fhereon named, and iurther, that the deponent has not duectly or ind�re¢tfy mduced or solic�ted
any ather bidder on the foregang work or equipment to put itt a sham b�d, Qr any other person ar
corporaUort to re�a�n from bidd�ng, and, that deponenf has not, in any manner, sought by calluston ta
secUre himself, or fo any other person, an advantage over any other Bidder or 8�ddsrs
S�gn Nere:
(SEAL, IF ENCORPORATED)
� �
,�.i, ��/� �i
,
� ,���/��
i � ,�s.--
,-: _
/ �
�
� �� Subscr�bed and swam ta before me th�s �� day af 20 /�
�
�! 6� • �� ����.c.�c.V �
Notary Pubfic m and for the Stafe of Wash�ngton, residing at
�����
�s Affidavrt proper(y execufed must accompany atl propasalsj
i
i !
� ,
l
i '
i'
3
�
i
� i
i �
� i
� i
E � {
�
, � �
�
;
; �
t �
, � ,
► :
: � �
� i
� i
� � ;
�
. �
PAGE-5
�
,
i
�
�
,
;
1
�
�
i
�
i
4
t
�
t
�
P,4RK & 4 STREE7 — PHASE TWO
C1TY OF BREMERTQN
EDA Award No 07-Q1-Q859Q
AFF(DAVfT OF NOIV-COLLUSI01�
State of Washington )
Couniy af �t 8!'C� � ss
FORM OF PROPOSAL
being duly swom, deposes and says, that he �s fhe �denbcal person who subm�tted fhe foregofng proposal
or bid, and 3hat such b�d rs genuine and not sham or cotlusive or made m the rnEerest or on behalf of any
person nat Ehereon named, and further, fhat Ehe deponeni has not d�rectly or ind�rectiy induced or solicited
any other b�dder an the fo�egang work or equipment to put �n a sham b�d, or any other person or
corporatron to refrarn fimm b�dc�cng, and, that deponent has not, in any manner, soughE by coUusion to
secure himself, or fo any other persan, an aclvantage over any other Bidder or B�dders
SEgn Here
0
(SEAL, IF INCaRPORATED}
� � ,- .
/ ♦/ / �,� ; � - /
/ ��
. ��_ � t� - !��
/`%'/'`�
,r/��/�
/ � a��
.-
� !
� /
�� �� Subscribed and sworn fo before me th�s �� day of 2� /�
�����������uuti�h �` �. �� �I�a��LQG� ,,,
�``� M�KE( ���r►�� ���� 2 �' �
± �.c4`�10N ��,Aq��y��,�� Notary Publ�c �n and f�r the Sfata of Wash�ngton, residtng at
�o�`� ��aR �`n''t�' ����f�
. ,
. s
°': s
v '�� . .
nyi/ 'oL :
� `,9 �i 7.Zg.1a�.��'�,�'his Affidavit properly executed must accompany all praposals)
.. � s��..--- --. •• -� —
AAGE-5
r
f
i
E
�
i
;
!
s
, 3
�
�
�
i
I
i
E i
;
; i
�
�
!
�
; �
, �
� �
' I
, i
I
i
�
;
�
I�
i
� i
!
I
f
� '
, �
' I ;
, �
, 1
�
f �
I !
� , �
f
�
,
�
�
E
!
i
J
i
�
I
��
; i
;
� ;
�
1 ±
i
I
�
i
MEMO
TO: Igor Kunatsa
Serpanok Construction, Inc.
FROM: Alyce Faerro, Project Assistant
DATE: December 15, 2011
SUBJECT: Fully Ezecuted Contracts for Park Ave. Plaza Phase II
1. Park Avenue Improvements
2. Garage Screening
Enclosed are your fully ezecuted originals for the above contracts with tbe City of
Bremerton. Also enclosed are the fully signed originals of Amendment # 1 for both
contracts. —
We wall need your bonding and insurance information for these contracts.
Thank you.
Respectfully,
� t�,Cr�t�r-�-�1
,
Alyce Faerro
Enclosures
Cc: Caty Clerk, Bremerton, WA
1 of 1
P�JBLIC WORKS AGREEMENT
Amendment # 1— Park Avenue Improvements
AMENDMENT # 1 TO AGREEMENT, is entered mto between the City of Bremerton, a
Washmgton Mumcipal Corporahon ("City"), and Serpanok Construchon, Inc ("Contractor"),
whose mailmg address is 4519 S Orchard Street. Tacoma, WA 98466
The parties agree to add the followmg paragraph to ' 12 Miscellaneous'
12. MISCELLANEOUS.
L Archaeological or histonc matenals NOTICE If archaeological or histonc
matenals are discovered dunng pro�ect activities, work m the immediate
vicmity 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
executed this Amendment
CUNT THE CITY F BRE RT
� Z
Serpanok C n, Inc `�^
Pnnt Name �1� d�'� Pnnt Nam Patty Lent
Title �-2 Title Mayor
DATE I 2 '� r� �
DATE IZ � ��' ��
PAGE - 1 -
Serpanok — Park Ave Improvements EDA Award 07-01-06590
Amendment # 1