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Construction Management Services for Oyster Bay Beach Sewer Upgrades
May 2021
PROFESSIONAL SERVICES AGREEMENT
Construction Management Services for
Oyster Bay Beach Sewer Upgrades
The City of Bremerton (“City”) and Barker Creek Consulting, LLC (“Consultant”),
referred to collectively as the “Parties,” enter into the following Agreement for professional
services:
I.Scope: The Consultant agrees to perform the services more specifically described in the
Scope of Work, dated April 21, 2021, including any attachments thereto, attached hereto as Exhibit
A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant
to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional
services such services shall only be performed upon the express written request of the City.
Consultant further represents that the services furnished under this Agreement will be performed
in accordance with generally accepted professional practices in effect at the time such services are
performed.
II.Term: The City and the Consultant agree that work will begin on the tasks described in
Exhibit A immediately upon execution of this Agreement. The parties agree that the work
described in Exhibit A is to be completed as provided for in the work schedule attached hereto as
Exhibit B; provided however, that additional time shall be granted by the City for excusable delays
or extra work as provided for in Section IX.A of this agreement.
III.Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant in an amount not to exceed $262,355. Consultant’s charges and bills
shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this
reference.
The Consultant shall submit regular billing statements detailing work performed and
amount charged on each task or portion thereof. The descriptions shall conform to and fall within
the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming
billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City
reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time
frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as
delineated in Exhibit C.
Consultant shall not perform work beyond the Scope of Work, nor shall be compensated
for such work, unless the Scope of Work or amount of compensation is modified pursuant to this
Agreement. Consultant shall only be compensated for additional services if requested pursuant to
Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit
C.
If a billing statement does not conform to this Agreement, the City may withhold payment
until the statement is brought into compliance. Such withholding does not relieve Consultant of
its obligations under this Agreement.
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IV.Relationship of Parties: Consultant represents that it is skilled in the matters addressed
in the Scope of Work and is performing independent functions and responsibilities within its field
of expertise. Consultant and its personnel are independent Consultants and not employees of the
City. Consultant and its personnel have no authority to bind the City or to control the City’s
employees and other Consultants. None of the benefits provided by the City to its employees,
including, but not limited to, compensation, insurance, and unemployment insurance are available
from the City to the employees, agents, representatives, or sub-consultants of the Consultant.
Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents,
employees, representatives and sub-consultants during the performance of this Agreement. The
City may, during the term of this Agreement, engage other independent Consultants to perform
the same or similar work.
As an independent Consultant, Consultant is responsible for its own management. The
City’s administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Consultant or its personnel.
As an independent Consultant, Consultant is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, Business & Occupation, State professional
licensing, and City business licensing. If any taxes or fees due the City have been declared
delinquent, the City may withhold the delinquent amount, plus any additional charges arising from
the delinquency, from any payments due Consultant.
V.Indemnification:
A.Consultant shall defend, indemnify and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the
performance of this Agreement except for that portion of the injuries and damages caused by the
City’s sole negligence, unless Consultant is conducting work pursuant to Subsection B below.
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemnification.
B.Architects, Engineers and Any Other Professional Listed In and Performing
Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that
Consultant’s services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in
the event of liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to
the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER
OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE
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PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VI.Insurance: The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents,
representatives, employees, sub-consultants or sub-contractors.
Before beginning work on the project described in this Agreement, the Consultant shall
provide a Certificate of Insurance evidencing:
1.Automobile Liability insurance with limits no less than $1,000,000 combined
single limit per accident for bodily injury and property damage; and
2.Commercial General Liability insurance written on an occurrence basis with
limits no less than $1,000,000 combined single limit per occurrence and general
aggregate for personal injury, bodily injury and property damage. Coverage shall
include but not be limited to: blanket contractual; products/completed
operations/broad form property damage; explosion, collapse and underground
(XCU) if applicable; and
3.Professional Liability insurance with limits no less than $1,000,000 limit per
occurrence/claim; and
4. Workers Compensation insurance as statutorily required by the Industrial
Insurance Act of the State of Washington, Title 51, Revised Code of Washington
and employer's liability with limits not less than $1,000,000.
Any payment of deductible or self-insured retention shall be the sole responsibility of the
Consultant.
All required policies shall be provided on an “occurrence” basis except professional
liability insurance (if required), which may be provided on a “claims-made” basis.
The City shall be named as an additional insured on the Commercial General Liability
insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an
endorsement that is acceptable to the City, which names the City as an additional insured shall be
attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of
all the required insurance policies and endorsements. The City further reserves the right to reject
any unacceptable policies and/or endorsements.
The Consultant's Commercial General Liability insurance shall contain a clause stating that
coverage shall apply separately to each insured against whom claim is made or suit is brought,
except with respects to the limits of the insurer's liability.
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The Consultant's insurance shall be primary and non-contributory insurance as respects the
City and shall contain a waiver of subrogation against the City for claims arising out of any
operations, liabilities and obligations to which coverage applies. It shall be an affirmative
obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by
certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th
Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or
substantive change of any insurance policy set out herein, and failure to do so shall be construed
to be a breach of this Agreement.
The City also reserves its unqualified right to require at any time and for any reason, proof
of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence
of coverage.
In the event that the Consultant employs other consultants or contractors (sub-consultants
or sub-contractors) as part of the work covered by this Agreement, it shall be the Consultant’s
responsibility to require and confirm that each sub-consultant or sub-contractor meets the
minimum insurance requirements specified above. The Consultant shall, upon demand of the City,
deliver to the City copies of such policy or policies of insurance and the receipts for payment of
premiums thereon.
VII. General Conditions:
A. Reports and Information: When requested by the City, Consultant shall furnish
periodic reports and documents on matters covered by this Agreement. The reports and documents
shall be furnished in the time and form requested. Consultant shall maintain accounting records
in accordance with Generally Accepted Accounting Principles (“GAAP”) to substantiate all billed
amounts.
B. Ownership and Use of Records and Documents: Original documents, drawings,
designs and reports, including those in electronic format, developed under this Agreement are the
property of the City. All written information submitted by the City to the Consultant in connection
with the services performed by the Consultant under this Agreement will be safeguarded by the
Consultant to at least the same extent as the Consultant safeguards like information relating to its
own business. If such information is publicly available or is already in Consultant's possession or
known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no
responsibility for its disclosure, inadvertent or otherwise.
All data, documents and files created by Consultant under this Agreement may be stored
at Consultant's office in Bellevue, Washington. Consultant shall make such data, documents, and
files available to the City upon its request at all reasonable times for the purpose of editing,
modifying and updating as necessary until such time as the City is capable of storing such
information in the City's offices. Duplicate copies of this information shall be provided to the City
upon its request, and at reasonable cost.
All documents, including all reports, drawings, specifications, computer software or other
items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service
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with respect to the project and are the property of the City. Any reuse by the City for other than
the specific purpose intended will be at City’s sole risk.
C. Use of Photographs and Images. Consultant shall not use or distribute photographs
or images depicting City officials, personnel, property, or equipment whether prepared by
Consultant or provided by City without prior written consent of the City. The City will not
unreasonably withhold its consent.
D. Work Performed at Consultant's Risk: Consultant shall take all precautions
necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in
the performance of the work hereunder and shall utilize all protection necessary for that purpose.
All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss
of or damage to materials, tools, or other articles used or held for use in connection with the work.
E. Place of Work: The Consultant shall perform the work authorized under this
Agreement at its offices in Bellevue, Washington. Meetings with the City staff as described in
Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed
upon by the parties.
F. Entire Agreement: This Agreement and its Exhibits constitutes the entire
agreement between the Parties, and the Parties acknowledge that there are no other agreements,
written or oral, that have not been set forth in the text of this Agreement.
G. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
H. Modification: This Agreement may only be modified by written instrument signed
by both Parties.
I. Written Notices: All communications regarding this Agreement shall be sent to the
parties at the addresses listed below by registered or 1st class mail, or by personal service, and
shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing.
Notices to be sent to: Notices to be sent to:
CITY: CONSULTANT:
Attn: Angela Hoover Attn: Shannon Thompson
City of Bremerton Barker Creek Consulting, LLC
345 6th Street, Suite 100 PO Box 2011
Bremerton, WA 98337-1891 Silverdale, WA 98383
J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
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K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of
any of the covenants and agreements contained herein, or to exercise any option herein conferred
in one or more instances shall not be construed to be a waiver or relinquishment of said covenants,
agreements or options, and the same shall be and remain in full force and effect.
L. Compliance with Laws: Consultant shall comply with all applicable Federal, State,
and local laws in performing its obligations under this Agreement.
M. Choice of Law and Venue: This Agreement shall be interpreted according to the
laws of the State of Washington. Any judicial action to resolve disputes arising out of this
Agreement shall be brought in Kitsap County Superior Court.
N. Attorneys’ Fees: In the event of litigation to enforce any of the terms or provisions
herein, each party shall pay all its own costs and attorney’s fees.
O. Assignment: Any assignment of this agreement by the Contractor without the
written consent of the City shall be void.
VIII. Equal Employment Opportunity Statement: In the hiring of employees for the
performance of work under this Agreement, the Consultant, its subcontractors, or any person
acting on behalf of Consultant shall not discriminate in any employment practice on the basis of
age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status,
military status, or the presence of any physical, mental or sensory disability.
IX. ADA Statement: The City of Bremerton does not discriminate on the basis of disability
in programs and activities, which it operates pursuant to the requirements of the Americans with
Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment
and admission to participation in the programs, services and activities of the City of
Bremerton. Reasonable accommodation for employees or applicants for employment will be
provided.
X. Termination: This Agreement shall remain in force until completion and acceptance of
the services, terminated by written instrument upon mutual consent, or by the City of Bremerton
for convenience. This Agreement may be immediately terminated for cause by a Party if the other
Party substantially fails to perform through no fault of the terminating Party, and the non-
performing Party does not commence correction of the failure of performance within thirty (30)
days of the terminating Party’s sending notice to the non-performing Party. Any Notice by
Consultant shall include a report showing the status of all items listed in the Scope of Work current
through the termination date.
If the City receives reimbursement by any federal, state, or other source for work described
in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is
cancelled or substantially reduced after the execution date of this Agreement and prior to the
completion of the work, the City may summarily terminate this Agreement.
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A.Excusable Delays: The right of Consultant to proceed shall not be terminated nor
shall Consultant be charged with liquidated damages for any delays in the completion of the work
due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials,
equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any
acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not
reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond
the control and without the fault or negligence of the Consultant, including, but not restricted to,
acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that
the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause
of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly
excusable, the City shall, in writing, extend the time for completing the work for a period of time
commensurate with the period of excusable delay.
B.Rights Upon Termination: In the event of termination, the City shall pay for all
services performed by the Consultant to the effective date of termination, as described on a final
invoice submitted to the City. After termination, the City may take possession of all records and
data within the Consultant's possession pertaining to this project which may be used by the City
without restriction. Any such use not related to the project which Consultant was contracted to
perform shall be without liability or legal exposure to the Consultant.
XI. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby
certifies, by signing this agreement, that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation
in this transaction by any Federal department or agency. Consultant shall provide immediate
written notice to the City if at any time it learns that it is or has become ineligible for certification.
Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing
this agreement that it will verify that the firm with whom it intends to do business is not debarred,
suspended, ineligible, excluded or disqualified.
IN WITNESS WHEREOF, the parties below have executed this Agreement.
CONSULTANT:
BARKER CREEK CONSULTING, LLC
By: ______________________________
Print Name:
Its: ______________________________
Date: ______________________________
ATTEST:
By: ______________________________
CITY:
CITY OF BREMERTON
By:
Print Name: Greg Wheeler
Its: Mayor
Date:
APPROVED AS TO FORM:
By:
Roger A. Lubovich, Bremerton City Attorney Angela Hoover, City Clerk
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Principal in Charge
5/26/2021
Shannon Thompson
5/26/2021
1 April 21, 2021
City of Bremerton
Oyster Bay Beach Sewer Upgrades
Exhibit A - Scope of Work
SCOPE OF WORK
City of Bremerton
Oyster Bay Beach Sewer Upgrades
Owner Rep Services During Construction
INTRODUCTION
Barker Creek Consulting (BCC) will provide on call owner representative construction management service
for the Oyster Bay Beach Sewer Upgrades project and work as an extension of City Staff to provide
construction management services throughout the construction of the project. A proposed schedule for the
work is provided in Exhibit B and our proposed budget is attached as Exhibit A.
The following tasks are associated with this SOW:
Task 1– Construction Management Support
Objective
Barker Creek Consulting will provide construction management support as requested throughout the
construction phase of the project. This work will be performed on a time and materials basis. Work
assignments are as follows:
Activities
The following activities may be associated with this task:
•Lead and attend weekly construction meetings
•Prepare and draft meeting agendas and meeting notes for the weekly construction meetings
•Review changes and provide comment for the preparation work change directive and field orders
•Review contractor master schedule
•Review contractor schedule of values and payment request.
•Verify certified payrolls
•Prepare contract working day reports for issuance to the contractor.
•Implement and maintain master document control system to track correspondence, shop drawing
submittals, RFI’s, laboratory and test reports, work directives, and change orders.
•Coordinate project close out and punch list with the deign team
Deliverables
The following deliverables will be prepared:
•Work change directives, field orders, pay request reviews and other document as requested by the
City
•Provide weekly construction agenda meeting notes and documentation required
EXHIBIT A
April 21, 2021
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City of Bremerton
Oyster Bay Beach Sewer Upgrades
Exhibit A - Scope of Work
•Maintain master document control system to track correspondence, shop drawing submittals, RFI’s,
laboratory and test reports, work directives, and change orders.
•Maintain electronic files per City’s instructions.
Assumptions
The following assumptions apply to this task:
•Barker Creek Consulting will provide support on an on-call basis such as needed for negotiating
change orders, reviewing construction issue and field changes.
•Barker Creek Consulting upon request will provide staff for onsite observation which includes
tracking pay estimate quantities, coordinating special inspections and testing, and tracking all
project changes.
•Barker Creek Consulting will draft, field orders, change orders, and all pay applications for the City
staff to process.
PROJECT ASSUMPTIONS AND CONDITIONS
•This Scope of Services and associated fee schedule are based on the assumption that BARKER
CREEK CONSULTING will provide construction management services for the above stated
project on a time and material basis. The Scope of Services and associated fee schedule is based on
a time and materials not to exceed budget (see estimated effort attached). Work beyond that time
has not been included in the costs for this Scope of Services and would be considered additional or
extra work. If the project is delayed, the Contractor works on unworkable or non-working days, or
the project’s working days exceed this time, then the effort needed to provide construction services
by BARKER CREEK CONSULTING will need to be increased. The CITY and BARKER CREEK
CONSULTING will work closely to optimize this additional-required level of effort by BARKER
CREEK CONSULTING.
•Work under this contract will begin May 2020 and continue through the October 2022
•Normal working day and night work hours shall be in accordance (Monday through Friday 8:00
AM – 5:00 PM). Saturday, Sunday, and holidays, plus nighttime work may be required at the
request of the City and for work performed on those days, reimbursement shall be in accordance
with the hourly rates contained within this proposal.
•BARKER CREEK CONSULTING shall not be responsible for the Contractor’s construction
means, methods, techniques, sequences or procedures, or safety precautions and programs except
as otherwise provided in this Scope of Services. BARKER CREEK CONSULTING shall not be
responsible for the Contractor’s failure to carry out the work in accordance with the contract
documents. BARKER CREEK CONSULTING will endeavor to identify and guard the City against
defects and deficiencies in the work of the Contractor, but it is understood that BARKER CREEK
CONSULTING does not and cannot guarantee the performance of the Contractor.
•BARKER CREEK CONSULTING has prepared this Scope of Services and related cost
spreadsheet with the assumption that a competent Contractor is selected by the CITY for the
project.
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April 21, 2021
City of Bremerton
Oyster Bay Beach Sewer Upgrades
Exhibit B - Schedule
EXHIBIT B - SCHEDULE
Work Element Completed By
Notice to Proceed May 2021
Substantial Completion, 30 days after anticipated
construction completion
November 1, 2022
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EXHIBIT C - FEE BARKER CREEK CM SERVICES HOURLY ESTIMATE FOR OYSTER BAY BEACH SEWER UPGRADES
STAFF Jan-21 Feb-21 Mar-21 Apr-21 May-21 Jun-21 Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 TOTAL HRS
Construction Manager 60 60 60 60 60 60 60 60 480
Senior Admin 60 60 50 50 50 50 50 50 420
Accountant 2 2 2 2 2 2 2 2 16
STAFF Jan-22 Feb-22 Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22 Nov-22 Dec-22 TOTAL HRS
Manager 40 40 40 40 40 40 40 40 40 20 380
Admin 50 50 50 40 40 40 40 40 40 20 410
Accountant 2 2 2 2 2 2 2 2 2 2 20
Constr.Senior
Manager Admin Acct.
Burdened Rates 2021: $165 $115 $95
Burdened Rates 2022: $170 $120 $95
480 420 16
380 410 20
$79,200 $48,300 $1,520
$64,600 $49,200 $1,900
PROJECT LABOR -$ $143,800 $97,500 $3,420
SUM OF TOTAL PROJECT LABOR $244,720
$4,900
$735
$5,635
MANAGEMENT RESERVE (written authorization only)$12,000
$262,355
ESTIMATED 2021 LABOR HOURS
ESTIMATED 2022 LABOR HOURS
HOURS
Labor 2021
Labor 2022
TOTAL ESTIMATED AMOUNT
Cost for Labor 2021:
Cost for Labor 2022:
plus 15%
Estimated @ 2 % of labor
Direct Expenses and project mileage
SUM OF DIRECT EXPENSES
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SRF Specification Insert 1 Revised 10/24/2014
WASHINGTON STATE DEPARTMENT OF ECOLOGY
WATER POLLUTION CONTROL REVOLVING FUND
ENGINEERING SERVICES INSERT
Revised 10/24/14
The following clauses will be incorporated into contracts for
engineering services receiving financial assistance from the Washington State Department of
Ecology Water Pollution Control Revolving Fund. In the event of conflict within the contract
these clauses shall take precedence
Compliance with State and Local Laws
The engineering services provider (CONTRACTOR) shall assure compliance with all applicable
federal, state, and local laws, requirements, and ordinances as they pertain to the design,
implementation, and administration of the approved project.
State Interest Exclusion
Partial funding of this project is being provided through the Washington State Department of
Ecology Water Pollution Control Revolving Fund. Neither the State of Washington nor any of
its departments or employees are, or shall be, a party to this contract or any subcontract.
Third Party Beneficiary
Partial funding of this project is being provided through the Washington State Department of
Ecology Water Pollution Control Revolving Fund. All parties agree that the State of Washington
shall be, and is hereby, named as an express third-party beneficiary of this contract, with full
rights as such.
Cost Basis of Contract
No contract may be written for "cost-plus-a-percentage-of-cost" or "percentage of construction
cost." The cost basis for this contract must be cost-reimbursement, unit price, fixed-price, time
and materials, or any combination of these four methods.
Funding Recognition
Documents produced under this agreement shall inform the public that the project received
financial assistance from the Washington State Water Pollution Control Revolving Fund.
Washington State Department of Ecology’s and the EPA’s logomust be on all signs and
documents. Logos will be provided as needed.
Access to the work site and to records
The CONTRACTOR shall provide for access to their records by Washington State Department
of Ecology and Environmental Protection Agency (EPA) personnel.
EXHIBIT D
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SRF Specification Insert 2 Revised 10/24/2014
The CONTRACTOR shall maintain accurate records and accounts to facilitate the Owner’s audit
requirements and shall ensure that all subcontractors maintain auditable records. These records
shall be separate and distinct from the CONTRACTOR’s other records and accounts.
All such records shall be available to the Owner and to Washington State Department of Ecology
and EPA personnel for examination. All records pertinent to this project shall be retained by the
CONTRACTOR for a period of three (3) years after the final audit.
Certification Regarding Suspension, Debarment, Ineligibility Or Voluntary
Exclusion
1. The CONTRACTOR, by signing this agreement, certifies that it is not suspended,
debarred, proposed for debarment, declared ineligible or otherwise excluded from
contracting with the federal government, or from receiving contracts paid for with federal
funds. If the CONTRACTOR is unable to certify to the statements contained in the
certification, they must provide an explanation as to why they cannot.
2. The CONTRACTOR shall provide immediate written notice to the Washington State
Department of Ecology if at any time the CONTRACTOR learns that its certification was
erroneous when submitted or had become erroneous by reason of changed circumstances.
3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered
transaction, participant, person, primary covered transaction, principal, proposal, and
voluntarily excluded, as used in this clause, have the meaning set out in the Definitions
and Coverage sections of rules implementing Executive Order 12549. You may contact
the Washington State Department of Ecology for assistance in obtaining a copy of the
regulations.
4. The CONTRACTOR agrees it shall not knowingly enter into any lower tier covered
transaction with a person who is proposed for debarment under the applicable Code of
Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction.
5. The CONTRACTOR further agrees by signing this agreement, that it will include this
clause titled “Certification Regarding Suspension, Debarment, Ineligibility Or Voluntary
Exclusion” without modification in all lower tier covered transactions and in all
solicitations for lower tier covered transactions.
6. Pursuant to 2CFR180.330, the CONTRACTOR is responsible for ensuring that any lower
tier covered transaction complies with certification of suspension and debarment
requirements.
7. The CONTRACTOR acknowledges that failing to disclose the information required in
the Code of Federal Regulations may result in the delay or negation of this funding
agreement, or pursuance of legal remedies, including suspension and debarment.
8. The CONTRACTOR agrees to keep proof in its agreement file that it and all lower tier
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SRF Specification Insert 3 Revised 10/24/2014
recipients or contractors are not suspended or debarred and will make this proof available
to the Washington State Department of Ecology upon request. The
RECIPIENT/CONTRACTOR must run a search in http://www.sam.gov/ and print a copy
of completed searches to document proof of compliance.
This term and condition supersedes EPA Form 5700-49, “Certification Regarding Debarment,
Suspension, and Other Responsibility Matters.”
Disadvantaged Business Enterprises
General Compliance (40 CFR Part 33).
The CONTRACTOR shall comply with the requirements of the Environmental Protection
Agency’s Program for Participation By Disadvantaged Business Enterprises (DBE) 40 CFR Part
33.
Non-discrimination Provision (40CFR Appendix A to Part 33).
The CONTRACTOR shall not discriminate on the basis of race, color, national origin or sex in
the performance of this contract. The CONTRACTOR shall carry out applicable requirements of
40 CFR part 33 in the award and administration of contracts awarded under EPA financial
assistance agreements. Failure by the CONTRACTOR to carry out these requirements is a
material breach of this contract which may result in the termination of this contract or other
legally available remedies.
Six Good Faith Efforts (40 CFR Part 33 Subpart C).
The CONTRACTOR agrees to make the following good faith efforts whenever procuring
subcontracts, equipment, services and supplies. The CONTRACTOR shall retain records
documenting compliance with the following six good faith efforts.
1. Ensuring Disadvantaged Business Enterprises are made aware of contracting
opportunities to the fullest extent practicable through outreach and recruitment activities.
For Indian Tribal, State and Local and Government recipients, this will include placing
Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever
they are potential sources. Qualified Women and Minority business enterprises may be
found on the Internet at www.omwbe.wa.gov or by contacting the Washington State
Office of Minority and Women’s Enterprises at (866) 208-1064.
2. Making information on forthcoming opportunities available to Disadvantaged Business
Enterprises and arrange time frames for contracts and establish delivery schedules, where
the requirements permit, in a way that encourages and facilitates participation by
Disadvantaged Business Enterprises in the competitive process. This includes, whenever
possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar
days before the bid or proposal closing date.
3. Considering in the contracting process whether firms competing for large contracts could
subcontract with Disadvantaged Business Enterprises. For Indian Tribal, State and local
Government recipients, this will include dividing total requirements when economically
feasible into smaller tasks or quantities to permit maximum participation by
Disadvantaged Business Enterprises in the competitive process.
4. Encourage contracting with a consortium of Disadvantaged Business Enterprises when a
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SRF Specification Insert 4 Revised 10/24/2014
contract is too large for one of these firms to handle individually.
5. Using services and assistance of the Small Business Administration and the Minority
Business Development Agency of the Department of Commerce.
6. If the prime contractor awards subcontracts, requiring the subcontractors to take the six
good faith efforts in paragraphs 1 through 5 above.
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