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HomeMy WebLinkAboutSeton Construction Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Mark McCauley, County Administrator From: Monte Reinders, P.E., Public Works Director/County Engineer Agenda Date: March X 2024 Subject: Execution of Contract with Seton Construction, Inc. for the Phase 3—Low Pressure Sewer Collection System for Port Hadlock UGA, Project No. 40521140, Commerce Project No. 22-96515-026, Ecology Agreement# WQC 2024 JCoPWE-00034 Statement of Issue: Execution of Contract with Seton Construction, Inc.for the Phase 3—Low Pressure Sewer Collection System for Port Hadlock UGA, Project No.40521140, Commerce Project No. 22-96515- 026, Ecology Agreement#WQC 2024 JCoPWE-00034. Analysis/Strategic Goals/Pro's&Con's: The Board awarded this construction contract to Seton Construction, Inc. on February 5, 2024. The contractor has provided the required Performance Bond, Payment Bond and Insurance and the Contract is ready for final signature. This work will be performed over the course of 170 working days and is expected to be completed in winter of 2024. Fiscal Impact/Cost Benefit Analysis: The bid amount is$4,997,707.00, including 9.1%Washington State Sales Tax(WSST). This project is fully funded with an appropriation from the State of Washington received in the 2021 Capital Budget utilizing Coronavirus State and Local Fiscal Recovery Funds (SLFRF) from the federal American Rescue Plan Act(ARPA) and Ecology State Revolving Fund Loan and Centennial Grant. Recommendation: Public Works recommends that the Board execute all two (2) originals of the Contract with Seton Construction, Inc. and return one (1) original to Public Works for further processing. Department Contact: Samantha Harper, P.E., Project Manager, 385-9175. Reviewed By: 3/! _VV Mark McCauley, ounty Administrator Date CONTRACT REVIEW FORM ( Clear Form I (INSTRUCTIONS ARE ON THE NEXT PAGE) Pkied41—d/ZsiCONTRACT WITH: Seton Construction Contract No: Contract For: Phase 3 - LPS Collection System for PHUGA Term: Pkt/02"f COUNTY DEPARTMENT: Public Works Contact Person: Samantha Harper Contact Phone: 360-385-9175 Contact email: sharper@cojetterson.wa.us AMOUNT: $4,997,707.00 PROCESS: — Exempt from Bid Process Revenue: $4,997,707.00 _ Cooperative Purchase Expenditure: $4,997,707.00 Competitive Sealed Bid Matching Funds Required: N/A Small Works Roster Sources(s) of Matching Funds Commerce and Ecology SRF Vendor List Bid Fund# 405-Sewer Fund RFP or RFQ Munis Org/Obj Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. .� ggy.rr swnad lry Sarnanlna HaNer,1� CERTIFIED: ■ N/A Samantha Harper,P.E. Signature Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. OpRa1y pedE SamanluHa per,PE w ,P.enarper�u,eyee P.aa% Samantha Harper, P.E. ^hPuMb cm:ama�a CERTIFIED: N/A: Signature Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 3/13/2024. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 3/12/2024. New PW Standard Construction Contract, put together with PAO's help. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). The attached contract is the county's standard contract, STEP 6: CONTRACTOR SIGNS except in the Exhibit section, for Exhibit C a performance bond replaces the Contract Bond, and for Exhibit D a payment bond STEP 7: SUBMIT TO BOCC FOR APPROVAL replaces the Contractor's Declaration of Option for Contracts for Less Than $150,000. Also, Exhibit F is added for Ecology State Revolving Insert, due to our funding for the project. SAH1240207. CONSTRUCTION CONTRACT JEFFERSON COUNTY,WASHINGTON THIS CONSTRUCTION CONTRACT(the Contract) is made and entered into this between the Jefferson County, Washington (the County), acting through the Jefferson County Board of Commissioners and the Director of Public Works and (the Contractor). In consideration of the terms and conditions below and made a part of the Contract, the parties hereto covenant and agree as follows: 1. Effective Date. The Contract is effective on the day the last party signs it. 2. Notice to Proceed. The work described in the Scope of Services below shall begin not later than 10 days after a Notice to Proceed is issued by the County. A Notice to Proceed may be issued by the County for separate phases of the work,as described in the Scope of Services below. 3. Scope of the Work. The Contractor shall undertake and complete the following described Work: The construction of the Low Pressure Sewer Collection System for the Port Hadlock UGA Core Area in Port Hadlock, Washington. Work includes installation of HDPE pressure sewer systems and appurtenance; demolition, grading, hot mix asphalt, cement concrete sidewalks, curbs, and gutters; traffic control and other work, all in accordance with the attached Contract Plans, the Contract Provisions(Special Provisions),including any standard items listed in them which are incorporated by reference,and the Standard Specifications For the total sum of four million,nine hundred ninety-seven thousand,seven hundred and seven dollars ($4,997,707.00),including 9.1%sales tax in accordance with the terms and conditions of below. The intent of the Contract is to prescribe a complete Work. Omissions from the Contract of details of Work that are necessary to carry out the intent of the Contract shall not relieve the Contractor from performing the omitted Work. The Contractor shall provide all labor, materials, tools, equipment, transportation, supplies, and incidentals required to complete all Work for the items included in the Proposal. When the Contract specifies Work that has no Bid item,and the Work is not specified as being included with or incidental to other Bid items,an equitable adjustment will be made in accordance with Section 1-04.4 of the Standard Specifications for Road, Bridge and Municipal Construction, 2024 edition, as issued by the Washington State Department of Transportation (WSDOT), unless that Work is customarily considered as incidental to other items. The complete Contract includes these parts: (1)the Contract, including all Exhibits; (2)the Contract Provisions(Special Provisions),including any standard items listed in them which are incorporated by reference,and the Standard Specifications: (3)the Bidder's completed Proposal Form,Contract Plans; (4) All Addenda; and, (5) All attachments, which may include, various certifications and affidavits, supplemental agreements,change orders,and subsurface boring logs(if any).These parts complement each other in describing a complete Work.Any requirement in one part binds as if stated in all parts. The Contractor shall provide all Work or materials clearly implied in the Contract even if the Contract does not mention it specifically. Construction Contract Low Pressure Sewer Collection System Page 1 of 38 If there is an inconsistency in the Contract, or between its terms and any applicable statute or rule,the inconsistency shall be resolved by giving precedence in the following order(e.g., 1 presiding over 2,3, 4, 5,and 6; 2 presiding over 3,4, 5,and 6;and so forth): 1. Addenda; 2. Bidder's Completed Proposal; 3. The Contract terms and conditions, including Exhibit F(Additional Requirements), if any; 4. Contract Provisions(Special Provisions),including any standard items listed in them which are incorporated by reference; 5. Contract Plans; 6. Standard Specifications; 7. County's Standard Plans or Details(if any);and, 8. Standard Plans. The above eight items will be provided according to Division 1.02.2 of the project specifications. On the Contract Plans, Working Drawings, and Standard Plans, figured dimensions shall take precedence over scaled dimensions. This order of precedence shall not apply when Work is required by one part of the Contract but omitted from another part or parts of the Contract.The Work required in one part must be furnished even if not mentioned in other parts of the Contract. If any part of the Contract requires Work that does not include a description for how the Work is to be performed,the Work shall be performed in accordance with standard trade practice(s).For purposes of the Contract, a standard trade practice is one having such regularity of observance in the trade as to justify an expectation that it will be observed by the Contractor in doing the Work. In case of ambiguities or disputes over interpreting the Contract,the Engineer's decision will be final as provided in Section 1-05.1 of the Standard Specifications for Road, Bridge and Municipal Construction, 2023 edition, as issued by the Washington State Department of Transportation (WSDOT). The Contractor shall provide and bear the expense of all equipment, work and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work required in the Contract and every part thereof. The Contractor shall perform any alteration in or addition to the work provided in the Contract and every part thereof. 4. Agreement to Full Performance. The Contractor for itself, and for its heirs, executors, administrators, successors,and assigns,does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. Construction Contract Low Pressure Sewer Collection System Page 2 of 38 5. Insurance Coverages Required. Prior to commencing work,the Contractor shall obtain at its own cost and expense the following insurance from companies licensed in Washington State with a current A.M. Best rating of no less than A: a. Workers Compensation Insurance.The Contractor shall maintain workers'compensation insurance at its own expense, as required by Title 51 RCW, for the term of the Contract and shall provide evidence of coverage to Jefferson County Risk Management,upon request.Worker's compensation insurance covering all employees with limits meeting all state and federal laws.This coverage shall extend to any subcontractor without their own worker's compensation and employer's liability insurance. b. Commercial General Liability Insurance. The Contractor shall maintain Commercial General Liability Insurance with a minimum limit per occurrence of two million dollars ($2,000,000) a general aggregate of not less than three million dollars ($3,000,000) for bodily injury, death and property damage, three million dollars ($3,000,000) for Products & Completed Operations Aggregate, two million dollars ($2,000,000) for Personal & Advertising Injury each offence, and two million dollars($2,000,000)for Stop Gap/Employers Liability each accident. This insurance coverage shall contain no limitations on the scope of the protection provided and indicate on the certificate of insurance the following coverage: i. Broad Form Property Damage with no employee exclusion; ii. Personal Injury Liability, including extended bodily injury; iii. Broad Form Contractual/Commercial Liability including completed operations (contractors only); iv. Premises-Operations Liability(M&C); v. Independent Contractors and Subcontractors; and vi. Blanket Contractual Liability. The County shall be named as an additional insured party under this policy. The Contractor shall maintain coverage arising out of the Contractor's completed operations for at least three years following completion of the work described in the Scope of Services. c. Automobile Liability Insurance. The Contractor shall maintain a policy of Automobile Liability Insurance with a minimum limit per occurrence of $1,000,000 for bodily injury and property damage, unless otherwise specified in the Special Provisions. This insurance shall contain the following coverage: i. Owned automobiles; ii. Hired automobiles; and, iii. Non-owned automobiles. The County shall be named as an additional insured party under this policy. Construction Contract Low Pressure Sewer Collection System Page 3 of 38 6. Requirements Applicable to All Insurance Policies. a. The Contractor shall provide to the County Risk Manager certificates of insurance with original endorsements affecting insurance required by this clause prior to the commencement of work to be performed. The County reserves the right to approve or reject the insurance provided, based upon the insurer's financial condition. b. The insurance policies required shall provide that thirty(30)days prior to cancellation,suspension, reduction or material change in the policy, notice of same shall be given to the County Risk Manager by registered mail, return receipt requested, for all of the following stated insurance policies. c. If any of the insurance requirements are not complied with at the renewal date of the insurance policy, payments to the Contractor shall be withheld until all such requirements have been met, or at the option of the County,the County may pay the renewal premium and withhold such payments from the moneys due the Contractor. d. All notices shall name the Contractor and identify the agreement by contract number or some other form of identification necessary to inform the County of the particular contract affected. e. Any deductibles or self-insured retention shall be declared to and approved by the County prior to the approval of the Contract by the County.At the option of the County,the insurer shall reduce or eliminate deductibles or self-insured retention or the Contractor shall procure a bond guaranteeing payment of losses and related investigations,claim administration and defense expenses. f. The Contractor shall include all subcontractors as insured under its insurance policies or shall furnish separate certificates and endorsements for each subcontractor.All insurance provisions for subcontractors shall be subject to all of the requirements stated herein. g. Failure of the Contractor to take out and/or maintain any required insurance shall not relieve the Contractor from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification. h. It is agreed by the parties that insurers shall have no right of recovery or subrogation against the County(including its employees and other agents and agencies),it being the intention of the parties that the insurance policies so affected shall protect both parties and be primary coverage for any and all losses covered by the above described insurance. It is further agreed by the parties that insurance companies issuing the policy or policies shall have no recourse against the County (including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of policy.It is further agreed by the parties that any and all deductibles in the above described insurance policies shall be assumed by and be at the sole risk of the Contractor. i. Judgments for which the County may be liable, in excess of insured amounts provided herein, or any portion thereof,may be withheld from payment due, or to become due,to the Contractor until such time as the Contractor shall furnish additional security covering such judgment as may be determined by the County. j. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. Construction Contract Low Pressure Sewer Collection System Page 4 of 38 k. Any coverage for third party liability claims provided to the County by a "Risk Pool" created pursuant to Chapter 48.62 RCW shall be non-contributory with respect to any policy of insurance the Contractor must provide in order to comply with the Contract. 1. If the proof of insurance or certificate of coverage indicating the County is an"additional insured" to a policy obtained by the Contractor refers to an endorsement(by number or name)but does not provide the full text of that endorsement,then it shall be the obligation of the Contractor to obtain the full text of that endorsement and forward that full text to the County within 30 days of the execution of the Contract. m. The County may, upon the Contractor's failure to comply with all provisions of the Contract relating to insurance, withhold payment or compensation that would otherwise be due to the Contractor. n. Section 5 (Insurance Coverages Required) and this Section shall survive the expiration or termination of the Contract. 7. Compliance with Laws. The Contractor shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under the Contract. The Contract shall be interpreted and construed in accord with the laws of the State of Washington and venue shall be in Jefferson County, WA. 8. Indemnity. The Contractor shall defend, indemnify and hold the County, its officers, officials, employees, agents and volunteers (and their marital communities) harmless from any and all claims, injuries,damages,losses or suits including attorney fees,arising out of or resulting from the acts,errors or omissions of the Contractor in performance of the Contract, except for injuries and damages caused by the sole negligence of the County. Should a court of competent jurisdiction determine that the Contract 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 Contractor and the County, its officers, officials, employees, agents and volunteers (and their marital communities)the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. Claims against the County for which indemnity is provided include,but are not limited to claims that the use and transfer of any software,book,document,report, film, tape, or sound reproduction of material of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, or otherwise results in an unfair trade practice or an unlawful restraint of competition.This section shall survive the expiration or termination of the Contract. 9. Contractor's Assumption of the Liability of its Employees. The Contractor specifically assumes potential liability for actions brought against the County by the Contractor's employees, including all other persons engaged in the performance of any work or service required of the Contractor under the Contract and, solely for the purpose of this indemnification and defense, the Contractor specifically waives any immunity under the state industrial insurance law,Title 51 RCW.The Contractor recognizes that this waiver was specifically entered into pursuant to provisions of RCW 4.24.115 and was subject of mutual negotiation. If the County incurs any costs to enforce this subsection, all cost and fees shall be recoverable from the Contractor. This section shall survive the expiration or termination of the Contract. 10. Disputes. The parties agree to use their best efforts to prevent and resolve disputes before they escalate into claims or legal actions.Any disputed issue not resolved pursuant to the terms of the Contract shall be submitted in writing within 10 days to County Risk Manager,whose decision in the matter shall be Construction Contract Low Pressure Sewer Collection System Page 5 of 38 final,but shall be subject to judicial review.If either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under the Contract, each party in such action shall bear the cost of its own attorney's fees and court costs. Any legal action shall be initiated in the Superior Court of the State of Washington for Jefferson County. The parties agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. Contractor hereby consents to the personal jurisdiction of the Superior Court of the State of Washington for Jefferson County. The provisions of this section shall survive the expiration or termination of the Contract. 11. Independent Contractor. The Contractor's relation to the County shall be at all times as an independent Contractor, and nothing herein contained shall be construed to create a relationship of employer- employee or master-servant, and any and all employees of the Contractor or other persons engaged in the performance of any work or service required of the Contractor under the Contract shall be considered employees of the Contractor only and any claims that may arise on behalf of or against said employees shall be the sole obligation and responsibility of the Contractor. 12. Contract Bond or Statutory Retained Percentage. The County, at its option, may demand that the Contractor deliver to the County an executed Contract Bond as security for the faithful performance of the Contract and for payment of all obligations of the Contractor. For contracts of$150,000 or less, the County and the Contractor may agree that in-lieu of the Contract Bond; the County shall withhold 10% of the contract amount in accordance with RCW 39.08.010. If applicable, the Contractor shall indicate this option on Exhibit D. The Contractor shall declare a management option of the statutory retained percentage on Exhibit E. 13. No Oral Waiver. No term or provision of the Contract will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. Failure of a party to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. 14. Severability. Provided it does not result in a material change in the terms of the Contract, if any provision of the Contract or the application of the Contract to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of the Contract and the application the Contract shall not be affected and shall be enforceable to the fullest extent permitted by law. 15. Survival. Those provisions of the Contract that by their sense and purpose should survive the term of the Contract shall survive the term of the Contract. Without limiting the generality of the preceding sentence, and for the avoidance of doubt, the provisions that survive the term of the Contract include: (a)controlling law; (b)insurance; and, (c)indemnification. 16. Subcontracting Requirements. Contractor is responsible for meeting all terms and conditions of the Contract including standards of service, quality of materials and workmanship, costs, and schedules. Failure of a subcontractor to perform is no defense to a breach of the Contract. Contractor assumes responsibility for and all liability for the actions and quality of services performed by any subcontractor. Every subcontractor must agree in writing to follow every term of the Contract.Contractor must provide every subcontractor's written agreement to follow every term of the Contract before the subcontractor can perform any services under the Contract.The Public Works Director or their designee must approve any proposed subcontractors in writing.Any dispute arising between Contractor and any subcontractors or between subcontractors must be resolved without involvement of any kind on the part of County and without detrimental impact on Contractor's performance required by the Contract. Construction Contract Low Pressure Sewer Collection System Page 6 of 38 17. Covenant Against Contingent Fees. Contractor warrants that he has not employed or retained any company or person,other than a bona fide employee working solely for Contractor,to solicit or secure the Contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission,percentage,brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of the Contract.For breach or violation of this warranty, County shall have the right to annul the Contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover,the full amount of such fee, commission,percentage, brokerage fee, gift, or contingent fee. 18. Public Records Act. Notwithstanding the provisions of the Contract to the contrary, to the extent any record, including any electronic, audio, paper or other media, is required to be kept or indexed as a public record in accordance with the Washington Public Records Act, Chapter 42.56 RCW, as may hereafter be amended, Contractor agrees to maintain all records constituting public records and to produce or assist County in producing such records,within the time frames and parameters set forth in state law. Contractor further agrees that upon receipt of any written public record request, Contractor shall, within two business days, notify County by providing a copy of the request per the notice provisions of the Contract. 19. Notices. All notices or other communications which any party desires or is required to give shall be given in writing and shall be deemed to have been given if hand-delivered, sent by facsimile, email,or mailed by depositing in the United States mail,prepaid to the party at the address listed below or such other address as a party may designate in writing from time to time. Notices to County shall be sent to the following address: Jefferson County Risk Management P.O. Box 1220 Port Townsend, WA 98368 Notices to Contractor shall be sent to the following address: Seton Construction,Inc. 4640 S. Discovery Rd. Port Townsend,WA 98368 20. Severability. Provided it does not result in a material change in the terms of the Contract, if any provision of the Contract or the application of the Contract to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of the Contract and the application the Contract shall not be affected and shall be enforceable to the fullest extent permitted by law. 21. Survival. Those provisions of the Contract that by their sense and purpose should survive the term of the Contract shall survive the term of the Contract. Without limiting the generality of the preceding sentence, and for the avoidance of doubt,the provisions that survive the term of the Contract include: (a)controlling law; (b)insurance; and, (c)indemnification. 22. Binding on Successors,Heirs and Assigns.The Contract shall be binding upon and inure to the benefit of the parties' successors in interest,heirs and assigns. 23. No Assignment.The Contractor shall not sell,assign,or transfer any of rights obtained by the Contract without the express written consent of the County. Construction Contract Low Pressure Sewer Collection System Page 7 of 38 24. No Third-party Beneficiaries. The parties do not intend,and nothing in the Contract shall be construed to mean,that any provision in the Contract is to benefit any person or entity who is not a party. 25. Modification of the Contract.The Contract may be amended or supplemented only by a writing signed by duly authorized representatives of all the parties. 26. Signature in Counterparts. The Contract may be executed in one or more counterparts, each of which shall be deemed an original,and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of the Contract at different times and places by the parties shall not affect the validity of the Contract, so long as all the parties execute a counterpart of the Contract. 27. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 28. Arms-Length Negotiations.The parties agree the Contract has been negotiated at arms-length,with the assistance and advice of competent, independent legal counsel. 29. Maintenance of Records. Each party shall maintain books,records,documents and other evidence that sufficiently and properly reflect all direct and indirect costs expended by either to perform the Contract. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to the Contract will be retained for six years after expiration of agreement. The Office of the State Auditor, federal auditors, the Jefferson County Auditor,and any persons duly authorized by the parties shall have full access and the right to examine these materials during this period. If any litigation,claim or audit is started before the expiration of the six(6)year period,the records shall be retained until all litigation,claims,or audit findings involving the records have been resolved. Records and other documents, in any medium, furnished by one party to the Contract to the other party, will remain the property of the furnishing party, unless otherwise agreed. 30. Attachments.Any document in the Contract identified as an attachment or exhibit is part of the Contract and is incorporated by reference into the Contract. 31. Reference to Sections in the Contract. Any reference to a section in the Contract is a reference to a section of the Contract, unless clearly stated to the contrary. 32. Representations and Warranties. The parties represent and warrant that: a. Each person signing the Contract is fully authorized to enter into the Contract on behalf of the party for whom signature is being made; b. Each party that is a corporate entity is duly organized and validly existing in good standing under the laws of one of the states of the United States of America; c. The making and performance of the Contract will violate no provision of law or of any party's articles of incorporation,charter,or by-laws; d. Each corporate party has taken all necessary corporate and internal legal actions to duly approve the making and performance of the Contract and that no further corporate or other internal approval is necessary;and, Construction Contract Low Pressure Sewer Collection System Page 8 of 38 e. Each party has read the Contract in its entirety and know the contents of the Contract,that the terms are contractual and not merely recitals,and that they have signed the Contract,having obtained the advice of legal counsel. 33. Index of Exhibits. An index of exhibits to the Contract is below. Checking one of the boxes below means that such an exhibit is effective. 0 Exhibit A: Certification Regarding Debarment, Suspension,Ineligibility,and Voluntary Exclusion LJ Exhibit B: Certification of Compliance with Wage Payment Statues Exhibit C: Performance Bond,Jefferson County, Washington n Exhibit D: Payment Bond,Jefferson County, Washington I I Exhibit E: Contractor's Declaration of Option for Management of Statutory Retained Percentage Exhibit F: - Department of Ecology Washington State Department of Ecology Revolving Fund Specification Insert (SIGNATURES FOLLOW ON THE NEXT PAGE) Construction Contract Low Pressure Sewer Collection System Page 9 of 38 IN WITNESS WHEREOF, the Contractor has executed this instrument on the day and year first below written, and the Board of County Commissioners has caused this instrument to be executed by and in the name of said County of Jefferson the day and year first above written. Executed by the Contractor MARCH ism 20 24 Contractor: SETON CONSTRUCTION,INC (Please print) By: _ BRUCE B.SETON,JR. (Please print) A9( (Signature) SE TONC I 1650A State of Washington, Contractor Registration Number COUNTY OF JEFFERSON BOARD OF COMMISSIONERS Kate Dean,District I Date Heidi Eisenhour, District 2 Date Greg Brotherton, District 3 Date Approved a to forcrvonly: ( ' C March 12,2024 Philip C. Hunsucker Date C lvi eputy Prosecutor einders, P.E. Date Public Works Director/County Engineer Construction Contract Low Pressure Sewer Collection System Pagc I 0 438 1 EXHIBIT A CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY,AND VOLUNTARY EXCLUSION The Contractor certifies to the best of its knowledge and belief,that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (2) Have not within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2)of this certification;and (4) Have not within a 3-year period preceding the Contract had one or more public transactions(Federal, State,or local)terminated for cause or default. Where the Contractor is unable to certify to any of the statements in this certification,such Contractor shall attach an explanation. _SETON CONSTRUCTION,INC. Name of Contractor(Please print) _ BRUCE B. SETON,JR. Name and Title of Authorized Representative(Please print) Signature of Authorize Represen tive ❑ I am unable to certify to the above statement. An explanation is attached. Construction Contract Low Pressure Sewer Collection System Page 11 of 38 EXHIBIT B CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. The undersigned bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date t/2411Zrf ,the bidder is not a"willful"violator,as defined in RCW 49.48.082, or any of the provisions of Chapters 49.46, 49.48, or 49.52 RCW as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. SETON CONSTRUCTION,INC. Bidder's Business Name Signature of Authorized Offi al* BRUCE B. SETON,JR. Printed Name PRESIDENT Title 3/13/2024 PORT TOWNSEND WA Date City State Check One: Sole Proprietorship El Partnership El Joint Venture Corporation�X State of Incorporation,or if not a corporation,State where business entity was formed: WASHINGTON If a co-partnership,give firm name under which business is transacted: *If a corporation,proposal must be executed in the corporate name by the president or vice- president (or any other corporate officer accompanied by evidence of authority to sign). If a co- partnership,proposal must be executed by a partner. Construction Contract Low Pressure Sewer Collection System Page 12 of 38 EXHIBIT C PUBLIC WORKS PAYMENT BOND-JEFFERSON COUNTY,WASHINGTON Bond No. 2353076 Jefferson County Washington, ( obligee ) has awarded to SAtnn Construction, Inc (Principal),a Contract for the constriction of the project designated as Phase 3—Low Pressure Sewer Collection System for Port Hadlock VGA,County Project No.405-2114-0,in Port Hadlock,Washington(Contract),and said Principal is required under the terms of that Contract to furnish a bond for performance of all obligations under the Contract. Swell Re corporate savwm►nwOca V,War,q The Principal, and (Surety). a corporation organized under the laws of the State of Missouri and licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies Acceptable in Federal Bonds"as published in the Federal Register by the Audit Staff Bureau of Accounts,U.S.Treasury Dept., arc jointly and severally held and firmly bound to the Jefferson County , in the sum of Four Million US Dollars(S 4,997,707.00 Total Contract Amount,subject to the provisions herein. Nine Hundred Ninety Seven Seven Hundre Seven &00/100 This statutory performance bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors,or assigns shall well and faithfully perform all of the Principal's obligations under the Contract and fulfill all the terms and conditions of all duly authorized modifications,additions,and changes to said Contract that may hereafter be made,at the time and in the manner therein specified;and if such performance obligations have not been fulfilled,this bond shall remain in full force and effect. The Surety agrees to indemnify,defend,and protect the OOYQe° against any claim of direct or indirect loss resulting from the failure of the Principal,its heirs,executors,administrators,successors,or assigns(or any of the employees,subcontractors.or lower tier subcontractors of the Principal)to faithfully perform the Contract. The Surety for value received agrees that no change, extension of time,alteration or addition to the terms of the Contract, the specifications accompanying the Contract,or to the work to be performed under the Contract shall in any way affect its obligation on this bond,and waives notice of any change,extension of time,alteration or addition to the terms of the Contract or the work performed.The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two(2)original counterparts,and shall be signed by the parties'duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. The Surety agrees to be bound by the laws of the state of Washington and subjected to the jurisdiction of the state of Washington, PF lNd A i� Seton Construction, Inc. SURETY Swiss Re Corporate Solutions America Insurance Corporation 1I j, 3/13/2024 `,)7w1 3/13/2024 P'rinCipal,Signature Date SuretyQ Signature Date ef-1 >el UN ,lf . Joanne Reinkensmeyer Printed Name / Printed Name M / , Attorney-in-Fact Title Title Local office/agent of Surety Company: Name Hentschell&Associates, Inc. Telephone 253-272-1151 Address 1436 S. Union Ave., Tacoma, WA 98405 Construction Contract Low Pressure Sews Collection System Page 13 of 38 , EXHIBIT D PUBLIC WORKS PAYMENT BOND to Jefferson County ,WA Bond No. 2353076 Jefferson County Washington. (Obligee ) has awarded to Seton Construction. Inc. (Principal),a Contract for the construction of the project designated as Phase 3- Low Pressure Sewer Collection Sy§tem.for Port Hadlock UGA,County Project No. 405-2114-0. in Port Hadlock, Washington (Contract),and said Principal is required under the terms of that Contract to furnish a payment bond in accord with Title 39.08 Revised Code of Washington(RCW)and(where applicable)60.28 RCW, The Principal and Swiss Re Corporate Solutions America Insurance G°ro°` urety),a corporation organized under the laws of the State of Missouri and licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies Acceptable in Federal Bonds"as published an the Federal Register by the Audit Staff Bureau of Accounts,U.S.Treasury Dept.,are jointly and severally held and firmly bound to Jefferson County ,in the sum of*Four Million US Dollars(S 4.997,707,00 )Total Contract Amount,subject to the provisions herein. `Nine Hundred Ninety Seven Seven Hundred Seven&00/100 This statutory payment bond shall become null and void,if and when the Principal,its heirs,executors,administrators,successors, or assigns shall pay all persons in accordance with RCW Titles 60 28,39.08,and 39.12 including all workers,laborers,mechanics, subcontractors,lower tier subcontractors,and material suppliers,and all persons who shall supply such contractor or subcontractor with provisions and supplies for the carrying on of such work,and all taxes incurred on said Contract under Title 50 and 5 t RCW and all taxes imposed on the Principal under Title 82 RCW;and if such payment obligations have not been fulfilled,this bond shall remain in full force and effect. The Surety agrees to indemnify,defend,and protect the,Obligee against any claim of direct or indirect loss resulting from the failure of the Principal,its heirs,executors,administrators,successors,or assigns,(or the subcontractors or lower tier subcontractors of the Principal)to pay all laborers,mechanics,subcontractors,lower tier subcontractors materialpersons,and all persons who shall supply such contractor or subcontractors with provisions and supplies for the carrying on of such work. The Surety for value received agrees that no change,extension of time,alteration or addition to the terms of the Contract, the specifications accompanying the Contract,or to the work to be performed under the Contract shall in any way affect its obligation on this bond,except as provided herein,and waives notice of any change,extension of time,alteration or addition to the terms of the Contract or the work performed.The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two(2)original counterparts,and shall be signed by the parties'duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. The Surety agrees to be bound by the laws of the state of Washington and subjected to the jurisdiction of the state of Washington. PRINCIPAL Seton Construction, Inc. SURETY Swiss Re Corporate Solutions America Insurance Corporation 4114=A0101= ; , 03/13/2024 `de tr — 03/13/2024 P i i art Signature / Date ety Signature Date rT9V e4 �� Joanne Reinkensmeyer 'Mintedlgame Printed Name ;9iT Attorney-in-Fact Title Title Local office/agent of Surety Company: ' Name Hentschell&Associates, Inc. Telephone 253-272-1151 Address 1436 S. Union Ave.,Tacoma, WA 98405 Constniction Contract Low Pressure Sewer Collection System Page 14 of 3R SWISS RE CORPORATE SOLUTIONS SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION("SRCSAIC') SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION("SRCSPIC") WESTPORT INSURANCE CORPORATION("WIC") GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT SRCSAIC,a corporation duly organized and existing under laws of the State of Missouri,and having its principal office in the City of Kansas City,Missouri,and SRCSPIC,a corporation organized and existing under the laws of the State of Missouri and having its principal office in the City of Kansas City,Missouri,and WIC,organized under the laws of the State of Missouri,and having its principal office in the City of Kansas City,Missouri,each does hereby make,constitute and appoint: THOMAS P.HENTSCHELL,BRADLEY A.ROBERTS,JULIE A.CRAKER,AND JOANNE REINKENSMEYER JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation.contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION($50,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC by written consent of its Executive Committee dated July 18,201 I. "RESOLVED,that any two of the President.any Managing Director,any Senior Vice President,any Vice President.the Secretary or any Assistant Secretary be,and each or any of them hereby is,authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Corporation bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding on the Corporation when so affixed and in the future with reward to any bond,undertaking or contract of surety to which it is attached." „„MNupH"y 0.00, «ft.% SEAL # SEAL of J..+.e...SMfer Vlre l'rnide.,of SRCSAIC Z s .Vin e,i Presf/ , ofSRCSlIC�'3n»r t'Ice P,esidnl fn»WIC011.1111ei tk LAPIJITaL 1407 Hy % S y Gerald.l +w� ikl,Vk Prn ,i l& .raRCSAICl,V1eeFresidertKSRCSFtC NM,r,1YMw•M0' '�i'4My,. oo°. &yke Pres$deat NwtC IN WITNESS WHEREOF,SRCSAIC,SRCSPIC,and WIC have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 10 day of NOVEMBER 20 22 Swiss Re Corporate Solutions America Insurance Corporation State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation County of Cook Westport Insurance Corporation On this 1O day of NOVEMBER ,20 22�before me,a Notary Public personally appeared Erik Janssens.Senior Vice President of SRCSAIC and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gerald Jagrowski,Vice President of SRCSAIC and Vice President of SPCSPIC and Vice President of WIC.personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. ofitlirK I.Jeffrey Goldberg,the duly elected Senior Vice President and Assistant Secretary of SRCSAIC and SRCSPIC and WIC.do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC and WIC,which is still itLfttll force and effect. IN WITNESS WHEREOF,t have set my hand and affixed the seals of the Companies this 13th day of March .20... . Jeffrey Goldberg,Senior Vice President& Assistant Secretary of SRCSAIC and SRCSPIC and WIC Swiss Re Corporate Solutions America Insurance Corporation Electronic Corporate Seal "" SotU �ptigt�Miru„ ��I,+ i'/p `O Go T�.%a F • 14` ( ( SEAL _� N.0.... 1973 1co ',M,s o,•'o)r Please read through the below Usage Guidelines for our Electronic Corporate Seal: 1)This Electronic Corporate Seal has been provided for convenience. Swiss Re Corso cannot provide assurance that specific obligees will,or will not, accept an Electronic Corporate Seal. The preferred method remains a physically affixed seal. The Electronic Corporate Seal is used at the discretion of your Agency or Brokerage, and Swiss Re Corso disclaims any liability if the use of the Electronic Corporate Seal results in any Instrument being rejected or challenged; 2)The Electronic Corporate Seal can only be used for electronically affixing a seal to a surety bond,or related Instrument,that has been authorized by Swiss Re Corso and is being executed on behalf of Swiss Re Corso by your Agency or Brokerage pursuant to a valid Power of Attorney; 3)Your Agency or Brokerage may not transfer an Electronic Corporate Seal to any other entity or person without the written consent of Swiss Re Corso; 4)Swiss Re Corso may revoke permission to use the Electronic Corporate Seal at any given time, and 5)Any use of the Electronic Corporate Seal outside of the above described guidelines is not authorized EXHIBIT E CONTRACTOR'S DECLARATION OF OPTION FOR MANAGEMENT OF STATUTORY RETAINED PERCENTAGE A. I hereby elect to have the retained percentage of the Contract held in a fund by the County until (30) days following final acceptance of the work. Date Signed B. I hereby elect to have the County deposit the retained percentage of the Contract in an interest bearing account, not subject to withdrawal until after final acceptance of the work. Date Signed C. I hereby elect to have the County invest the retained percentage of the Contract from time to time as such retained percentage accrues. I hereby designate as the repository for the escrow of said funds. I hereby further agree to be fully responsible for payment of all costs or fees incurred as a result of placing said retained percentage in escrow and investing it as authorized by statute. The County shall not be liable in any way for any costs or fees in connection therewith. Date Signed D. I hereby elect to provide a Retainage Bond in accordance with RCW 60.28.011. Date 3/13/24 Signed Construction Contract Low Pressure Sewer Collection System Page l5 of 38 SWISS Re Swiss Re Corporate Solutions America Insurance Corporation Swiss Re Corporate Solutions Premier insurance Corporation Corporate Solutions 1450 American Lane,Suite 1100 Schaumburg, IL 60173 RELEASE OF RETAINAGE BOND Bond No. 2353077 KNOW ALL MEN BY THESE PRESENTS: That we, Seton Construction, Inc. , as Principal, and Swiss Re Corporate Solutions America Insurance Corporation as Surety, are held and firmly bound unto Jefferson County , as Obligee, in the penal sum of Two Hundred Forty Nine Thousan Eight Hundred Eighty Five&351100 ($249,885.35 for the payment of which sum well and truly to be made,we, the Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, the said Principal has entered into an agreement with the said Obligee for Phase 3-Low Pressure Sewer Collection System for the Port Hadlock UGA Core Area in Port Hadlock WA WHEREAS, the Obligee has elected to withhold from funds due or about to become due the Principal such sum (retainage)as is necessary to protect itself from claim or claims on lien unless the Principal furnishes, as surety, a bond guaranteeing to hold the Obligee harmless from loss it may suffer by reason of its releasing final retainage to the Principal. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall indemnify and hold harmless the Obligee for loss that the Obligee may sustain by reason of release of said retainage to the Principal, then this obligation to be null and void; otherwise to remain in full force and effect. PROVIDED,that in no event shall the aggregate liability of the Surety exceed the penal sum of the bond. Signed and sealed this 13th day of March , 2024 ton Construction, Inc. Swiss Re Corporate Solutions America Insurance Corporation By: Principal J ne Reinkensmeyer Attorney-in-Fact SWISS RE CORPORATE SOLUTIONS SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION("SRCSAIC") SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION("SRCSPIC") WESTPORT INSURANCE CORPORATION("WiC") GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT SRCSAIC,a corporation duly organized and existing under laws of the State of Missouri,and having its principal office in the City of Kansas City,Missouri,and SRCSPIC,a corporation organized and existing under the laws of the State of Missouri and having its principal office in the City of Kansas City,Missouri,and WIC,organized under the laws of the State of Missouri,and having its principal office in the City of Kansas City,Missouri,each does hereby make,constitute and appoint: THOMAS P.HENTSCHELL,BRADLEY A.ROBERTS,JULIE A.CRAKER,AND JOANNE REINKENSMEYER JOINTLY OR SEVERALLY its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation.contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION($50,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC by written consent of its Executive Committee dated July 18,2011. "RESOLVED,that any two of the President,any Managing Director,any Senior Vice President.any Vice President,the Secretary or any Assistant Secretary be,and each or any of them hereby as.authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Corporation bonds,undertakings and all contracts of surety.and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Corporation when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." ♦M,••N•,M,•n nn,4 .'`"•M+•r,nean,�y .. 6r 'pN8 Rn.',+r .r' $ F ' ..ram foe) fr.. QAP0*''• r4� teapPQR:jr s� 8•••• (40:1: •' Fst><Jdttaetn.Snkr Yke Preiddert�SRCSAtC k&tMr yree Preddert } rSEAL3 of SRCSPIC A Sealer Viet President et WIC >s li SEAL .) i � ���' 173 t: \ t '• yt��f(r + y °wwrr.Aww•..� "revs * Gerold Jgn nki,V ePreddo1HSRCSAIC&VinePraidertofSRCSPIC Nw,•r~ i Vier PrcmMnt of wtC IN WITNESS WHEREOF,SRCSAIC,SRCSPIC,and WIC have caused their official seals to be hereunto affixed.and these presents to be signed by their authorized officers this 10 day of NOVEMBER 20 22 Swiss Re Corporate Solutions America Insurance Corporation State of Illinois Swiss Re Corporate Solutions Premier insurance Corporation County of Cook Westport Insurance Corporation On this 10 day of NOVEMBER 20 22,before me,a Notary Public personally appeared Erik Janssens.Senior Vice President of SRCSAIC and Sensor Vice President of SRCSPIC and Senior Vice President of WIC and Gerald Jagrowskt,Vice President of SRCSAIC and Vice President of SPCSPIC and Vice President of WIC,personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. -- &ioM:A'Q. `- wrllar 0.. ' 11AMAA;6ti I.Jeffrey Goldberg,.the duly elected Senior Vice President and Assistant Secretary of SRCSAIC and SRCSPIC and WIC,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC and WiC,which is still irLfpll force and effect. IN WITNESS WHEREOF.I have set my hand and affixed the seals of the Companies this t3e1 day of March ,20+ii . Jeffrey Goldberg,Sensor Vice President& Assistant Secretary of SRCSAIC and SRCSPIC and WIC Swiss Re Corporate Solutions America Insurance Corporation Electronic Corporate Seal yyyy*Nf/i PH., °°SOU)tl '•�:. ( (' S EAL =>' �,•.,�f1973a ' ',r#r= Sso .• •�f Please read through the below Usage Guidelines for our Electronic Corporate Seal: 1)This Electronic Corporate Seal has been provided for convenience. Swiss Re Corso cannot provide assurance that specific obligees will,or will not,accept an Electronic Corporate Seal. The preferred method remains a physically affixed seal. The Electronic Corporate Seal is used at the discretion of your Agency or Brokerage, and Swiss Re Corso disclaims any liability if the use of the Electronic Corporate Seal results in any instrument being rejected or challenged; 2)The Electronic Corporate Seal con only be used for electronically affixing a seal to a surety bond,or related instrument, that has been authorized by Swiss Re Corso and is being executed on behalf of Swiss Re Corso by your Agency or Brokerage pursuant to a valid Power of Attorney; 3)Your Agency or Brokerage may not transfer an Electronic Corporate Seal to any other entity or person without the written consent of Swiss Re Corso; 4)Swiss Re Corso may revoke permission to use the Electronic Corporate Seal at any given time; and 5)Any use of the Electronic Corporate Seal outside of the above described guidelines is not authorized EXHIBIT F ADDITIONAL REQUIREMENTS The following additional requirements apply: WASHINGTON STATE DEPARTMENT OF ECOLOGY WATER POLLUTION CONTROL REVOLVING FUND DEPARTMENT OF ECO LOGY SPECIFICATIONS INSERT State of Washington Revised 1/22/21 The following clauses will be incorporated into construction contracts 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 Required Bid Submittals The following submittals are required to be submitted with the bid proposal: • Certification Of Nonsegregated Facilities(attachment 3) • DBE Subcontractor Utilization Form(EPA Form 6100-4) • One copy of DBE Subcontractor Performance Form(EPA Form 6100-3) for each DBE subcontractor. • Complete Bidders List. Compliance with State and Local Laws The 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 It is anticipated that this project will be funded in part by the Washington State Department of Ecology . 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. Access to the construction site and to records The contractor shall provide for the safe access to the construction site and to the contractor's records by Washington State Department of Ecology and Environmental Protection Agency(EPA)personnel. The Contractor shall maintain accurate records and accounts to facilitate the Owner's audit requirements and shall ensure that all subcontractors maintain auditable records. Construction Contract Low Pressure Sewer Collection System Page 16 of 38 These Project 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. Protection of the Environment No construction related activity shall contribute to the degradation of the environment,allow material to enter surface or ground waters, or allow particulate emissions to the atmosphere,which exceed state or federal standards. Any actions that potentially allow a discharge to state waters must have prior approval of the Washington State Department of Ecology. Funding Recognition All site-specific projects must have a sign of sufficient size to be seen from nearby roadways acknowledging department financial assistance and left in place throughout the life of the project. Department logos must be on all signs and documents. Logos will be provided as needed. Inadvertent Discovery of Archeological Resources The contractor shall obtain a copy of the Inadvertent Discovery Plan from the Project Owner. The contractor shall keep a copy of the inadvertent discovery plan for the project on the work site at all times. The contractor shall immediately stop all work if human remains, cultural,or archeological resources are discovered in the course of construction. The contractor shall follow the inadvertent discovery plan in dealing with the human remains, cultural,or archeological resources. Use Of American Iron and Steel This provision applies to projects for the construction,alteration,maintenance,or repair of a"treatment works"as defined in the Federal Water Pollution Control Act(33 USC 1381 et seq.). This provision does not apply if the engineering plans and specifications for the project were approved by the Ecology prior to January 17, 2014. The Contractor acknowledges to and for the benefit of the Project Owner and the State of Washington that it understands the goods and services under this Agreement are being funded with monies made available by the Water Pollution Control Revolving Fund which contains provisions commonly known as "American Iron and Steel;"that requires all of the iron and steel products used in the project be produced in the United States("American Iron and Steel Requirements") including iron and steel products provided by the Contactor pursuant to this Agreement. "Iron and Steel products"means the following products made primarily of iron or steel: lined or unlined pipes and fittings,manhole covers and other municipal castings,hydrants,tanks, flanges,pipe clamps and restraints,valves, structural steel,reinforced precast concrete,and construction materials. The Contractor hereby represents and warrants to and for the benefit of the Project Owner and the State that: (a)the Contractor has reviewed and understands the American Iron and Steel Requirements, (b)all of the iron and steel products used in the project will be and/or have been produced in the United States in a manner that complies with the American Iron and Steel Requirements,unless a waiver of the requirements is approved, and Construction Contract Low Pressure Sewer Collection System Page 17 of 38 (c)the Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the American Iron and Steel Requirements,as may be requested by the Project Owner or the State. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Project Owner or State to recover as damages against the Contractor any loss, expense or cost(including without limitation attorney's fees)incurred by the Project Owner or State resulting from any such failure(including without limitation any impairment or loss of funding,whether in whole or in part, from the State or any damages owed to the State by the Project Owner). While the Contractor has no direct contractual privity with the State,as a lender to the Project Owner for the funding of its project,the Project Owner and the Contractor agree that the State is a third-party beneficiary and neither this paragraph(nor any other provision of the Agreement necessary to give this paragraph force or effect shall be amended or waived without the prior written consent of the State. Prevailing Wage The work performed under this contract is subject to the wage requirements of the Davis-Bacon Act. The Contractor shall conform to the wage requirements prescribed by the federal Davis-Bacon and Relate Acts which requires that all laborers and mechanics employed by contractors and subcontractors performing on contracts funded in whole or in part by SRF appropriations in excess of$2000 pay their laborers and mechanics not less than the prevailing wage rates and fringe benefits,and determined by the Secretary of Labor, for corresponding classes of laborers and mechanics employed on similar projects in the area. Attachment 1 to this specification insert and an up to date wage determination shall be included in full into this contract and in any subcontract in excess of$2,000. Wage determinations can be found at http://www.wdol.gov. The Contractor agrees that the Contractor is legally and financially responsible for compliance with the Davis-Bacon Act wage rules.All laborers and mechanics employed by contractors and subcontractors employed as part of this contract shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40,United States Code. 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 Department 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 department for assistance in obtaining a copy of those regulations. 4. The CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with Construction Contract Low Pressure Sewer Collection System Page 18 of 38 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. 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. CONTRACTOR agrees to keep proof in its agreement file,that it, and all lower tier recipients or contractors, are not suspended or debarred,and will make this proof available to the Department upon request. 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. The contractor shall comply with all federal and state nondiscrimination laws, including, but not limited to Title VI and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973,Title IX of the Education Amendments of 1972,the Age Discrimination Act of 1975,and Chapter 49.60 RCW, Washington's Law Against Discrimination,and 42 U.S.C. 12101 et seq,the Americans with Disabilities Act(ADA). 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 Construction Contract Low Pressure Sewer Collection System Page 19 of 38 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 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. MBE/WBE Reporting(40 CFR Part 33 Parts 33.302,33.502 and 33.503). 1. The contractor shall complete the DBE Subcontractor Utilization Form(EPA Form 6100-4). 2. The contractor shall require all DBE subcontractors to complete the DBE Subcontractor Performance Form(EPA Form 6100-3). The DBE Subcontractor Performance Form is only required to be completed by certified DBE subcontractors. 3. The contractor shall submit DBE Subcontractor Utilization Form(EPA Form 6100-4)and all completed DBE Subcontractor Performance Form(s)(EPA Form 6100-3)as part of the bid, or within one hour after the published bid submittal time(consistent with RCW 39.30.060) 4. The contractor shall provide DBE Subcontractor Participation Form(EPA Form 6100-2)to all DBE subcontractors. These subcontractors may submit Subcontractor Participation Form(EPA Form 6100-2)to the EPA Region 10 DBE coordinator in order to document issues or concerns with their usage or payment for a subcontract. The 6100 forms can be found at: https://ecology.wa.gov/About-us/How-we-operate/Grants-loans/Find-a-grant-or-loan/Water-Quality- grants-and-loans/Faci l ity-project-resources Bidders List(40 CFR Part 33 part 33.501) All bidders shall submit the following information for all firms that bid or quote on subcontracts (including both DBE and non-DBE firms)as part of the bid,or within one hour after the published bid submittal time(consistent with RCW 39.30.060). 1. Firm's name with point of contact; 2. Firm's mailing address,telephone number, and e-mail address; 3. The work on which the firm bid or quoted, and when the firm bid or quoted; and 4. Firm's status as an MBE/WBE or non-MBE/WBE. Contract Administration Provisions(40 CFR part 33.302). Construction Contract Low Pressure Sewer Collection System Page 20 of 38 The contractor shall comply with the contract administration provisions of 40 CFR,Part33.302. 1. The contractor shall pay its subcontractor for satisfactory performance no more than 30 days from the contractor's receipt of payment. 2. The contractor shall notify the owner in writing prior to any termination of a DBE subcontractor. 3. If a DBE subcontractor fails to complete work under the subcontract for any reason,the contractor shall employ the six good faith efforts when soliciting a replacement subcontractor. 4. The contractor shall employ the six good faith efforts even if the contractor has achieved its fair share objectives. Equal Opportunity(EEO) If this Contract exceeds$10,000,the Contractor shall comply with Executive Order 11246, "Equal Employment Opportunity,"as amended by Executive Order 11375,"Amending Executive Order 11246 Relating to Equal Employment Opportunity,"and as supplemented by regulations at 41 CFR part 60. Contractor's compliance with Executive Order 11246 shall be based on implementation of the Equal Opportunity Clause,and specific affirmative active obligations required by the Standard Federal Equal Employment Opportunity Construction Contract Specifications,as set forth in 41 CFR Part 60-4. Equal Opportunity Clause(41 CFR part 60-1.4(b)) During the performance of this contract,the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race,color,religion, sex,or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race,color,religion, sex,or national origin. Such action shall include, but not be limited to the following: Employment, upgrading,demotion, or transfer; recruitment or recruitment 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 all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment 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 he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers'representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules,regulations, and relevant orders of the Secretary of Labor. 5. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965,and by rules,regulations,and orders of the Secretary of Labor,or pursuant thereto, and will permit access to his books,records,and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules,regulations, or orders,this contract may be canceled,terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Construction Contract Low Pressure Sewer Collection System Page 21 of 38 Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,regulation,or order of the Secretary of Labor,or as otherwise provided by law. 7. The contractor will include the portion of the sentence immediately preceding paragraph(1)and the provisions of paragraphs(1)through(7) in every subcontract or purchase order unless exempted by rules,regulations,or orders of the Secretary 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 the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however,That in the event a contractor becomes involved in,or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246 and 41 CFR part 60-4.3) 1. As used in these specifications: a. "Covered area"means the geographical area described in the solicitation from which this contract resulted; b. "Director"means Director, Office of Federal Contract Compliance Programs,United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number"means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return,U.S.Treasury Department Form 941. d. "Minority"includes: i. Black(all persons having origins in any of the Black African racial groups not of Hispanic origin); ii. Hispanic(all persons of Mexican,Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin,regardless of race); iii. Asian and Pacific Islander(all persons having origins in any of the original peoples of the Far East, Southeast Asia,the Indian Subcontinent,or the Pacific Islands); and iv. American Indian or Alaskan Native(all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor,or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating(pursuant to 41 CFR 60-4.5)in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area(including goals and timetables)shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause,and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good Construction Contract Low Pressure Sewer Collection System Page 22 of 38 faith efforts to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7 a through p of these specifications.The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered Construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement,nor the failure by a union with whom the Contractor has a collective bargaining agreement,to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period,and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S.Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions.The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation,and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor,where possible,will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents,and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment,with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources,provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations'responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred,not employed by the Contractor, this shall be documented in the file with the reason therefor,along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. Construction Contract Low Pressure Sewer Collection System Page 23 of 38 e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper,annual report,etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually,the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring,assignment, layoff,termination or other employment decisions including specific review of these items with onsite supervisory personnel such as Superintendents, General Foremen,etc.,prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings,persons attending, subject matter discussed,and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts,both oral and written,to minority, female and community organizations,to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs.Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source,the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures,and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and,where reasonable,provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR part 60-3. 1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for,through appropriate training, etc., such opportunities. m. Ensure that seniority practices,job classifications,work assignments and other personnel practices,do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisors'adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one Construction Contract Low Pressure Sewer Collection System Page 24 of 38 or more of their affirmative action obligations(7a through p). The efforts of a contractor association,joint contractor-union,contractor-community, or other similar group of which the contractor is a member and participant,may be asserted as fulfilling any one or more of its obligations under 7a through p of these Specifications provided that the contractor actively participates in the group,makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry,ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation,makes a good faith effort to meet its individual goals and timetables,and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established.The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups,both male and female,and all women,both minority and non- minority. Consequently,the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner(for example, even though the Contractor has achieved its goals for women generally,the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race,color,religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension,termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246,as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps,at least as extensive as those standards prescribed in paragraph 7 of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order,the implementing regulations, or these specifications,the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out,to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address,telephone numbers, construction trade,union affiliation if any, employee identification number when assigned, social security number, race, sex, status(e.g.,mechanic,apprentice trainee,helper, or laborer), dates of changes in status,hours worked per week in the indicated trade,rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however,to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents(e.g.,those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). Construction Contract Low Pressure Sewer Collection System Page 25 of 38 Reporting Requirements(EEO-1) On or before September 30 of each year,a contractor that is subject to Title VII of the Civil Rights Act of 1964, as amended, and that has 100 or more employees, shall file with the EEOC or its delegate an "Employer Information Report EEO-1". Instructions on how to file are available on the EEOC's website at http://www.eeoc.goviemployers/eeolsurvey/howtofile.cfm. The contractor shall retain a copy of the most recent report filed. Segregated Facilities(41 CFR part 60-1.8) The contractor shall ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race,color,religion, sex or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensuring that its employees are not assigned to perform their services at any location, under the contractor's control,where the facilities are segregated.This obligation extends to all contracts containing the equal opportunity clause regardless of the amount of the contract. The term"facilities,"as used in this section,means waiting rooms,work areas,restaurants and other eating areas,time clocks,restrooms,wash rooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains,recreation or entertainment areas,transportation,and housing provided for employees; Provided, That separate or single-user restrooms and necessary dressing or sleeping areas shall be provided to assure privacy between the sexes. Attachments: 1. Wage Rate Requirements For Subrecipients 2. Current Wage Rate Determination(to be provided by project owner) 3. Certification Of Nonsegregated Facilities 4. Notice To Labor Unions Or Other Organization Of Workers:Non-Discrimination In Employment EPA Form 6100-4, EPA Form 6100.3, EPA Form 6100-2 Construction Contract Low Pressure Sewer Collection System Page 26 of 38 ATTACHMENT 1 -WAGE RATE REQUIREMENTS FOR SUBRECIPIENTS. (To be included in full in any contract in excess of$2,000) The following terms and conditions specify how recipients will assist EPA in meeting its Davis-Bacon (DB)responsibilities when DB applies to EPA awards of financial assistance under the FY 2013 Continuing Resolution with respect to State recipients and subrecipients that are governmental entities. If a subrecipient has questions regarding when DB applies,obtaining the correct DB wage determinations, DB provisions, or compliance monitoring, it may contact the State recipient. If a State recipient needs guidance,the recipient may contact Lorraine Fleury at fleury.lorraine@epa.gov or at 215-814-2341 of EPA, Region III Grants and Audit Management Branch for guidance. for guidance. The recipient or subrecipient may also obtain additional guidance from DOL's web site at http://www.dol.gov/whd/ 1. Applicability of the Davis-Bacon(DB) prevailing wage requirements. Under the FY 2013 Appropriations Act,DB prevailing wage requirements apply to the construction, alteration,and repair of treatment works carried out in whole or in part with assistance made available by a State water pollution control revolving fund and to any construction project carried out in whole or in part by assistance made available by a drinking water treatment revolving loan fund. If a subrecipient encounters a unique situation at a site that presents uncertainties regarding DB applicability,the subrecipient must discuss the situation with the recipient State before authorizing work on that site. 2. Obtaining Wage Determinations. (a) Subrecipients shall obtain the wage determination for the locality in which a covered activity subject to DB will take place prior to issuing requests for bids,proposals,quotes or other methods for soliciting contracts(solicitation)for activities subject to DB. These wage determinations shall be incorporated into solicitations and any subsequent contracts. Prime contracts must contain a provision requiring that subcontractors follow the wage determination incorporated into the prime contract. (i) While the solicitation remains open,the subrecipient shall monitor www.wdol.gov weekly to ensure that the wage determination contained in the solicitation remains current. The subrecipients shall amend the solicitation if DOL issues a modification more than 10 days prior to the closing date (i.e.bid opening)for the solicitation. If DOL modifies or supersedes the applicable wage determination less than 10 days prior to the closing date,the subrecipients may request a finding from the State recipient that there is not a reasonable time to notify interested contractors of the modification of the wage determination. The State recipient will provide a report of its findings to the subrecipient. (ii) If the subrecipient does not award the contract within 90 days of the closure of the solicitation, any modifications or supersedes DOL makes to the wage determination contained in the solicitation shall be effective unless the State recipient,at the request of the subrecipient,obtains an extension of the 90 day period from DOL pursuant to 29 CFR 1.6(c)(3)(iv). The subrecipient shall monitor www.wdol.gov on a weekly basis if it does not award the contract within 90 days of closure of the solicitation to ensure that wage determinations contained in the solicitation remain current. (b)If the subrecipient carries out activity subject to DB by issuing a task order,work assignment or similar instrument to an existing contractor (ordering instrument) rather than by publishing a solicitation, the subrecipient shall insert the appropriate DOL wage determination from www.wdol.gov into the ordering instrument. Construction Contract Low Pressure Sewer Collection System Page 27 of 38 (c) Subrecipients shall review all subcontracts subject to DB entered into by prime contractors to verify that the prime contractor has required its subcontractors to include the applicable wage determinations. (d) As provided in 29 CFR 1.6(f),DOL may issue a revised wage determination applicable to a subrecipient's contract after the award of a contract or the issuance of an ordering instrument if DOL determines that the subrecipient has failed to incorporate a wage determination or has used a wage determination that clearly does not apply to the contract or ordering instrument. If this occurs,the subrecipient shall either terminate the contract or ordering instrument and issue a revised solicitation or ordering instrument or incorporate DOL's wage determination retroactive to the beginning of the contract or ordering instrument by change order. The subrecipient's contractor must be compensated for any increases in wages resulting from the use of DOL's revised wage determination. 3. Contract and Subcontract provisions. (a) The Recipient shall insure that the subrecipient(s)shall insert in full in any contract in excess of $2,000 which is entered into for the actual construction,alteration and/or repair, including painting and decorating, of a treatment work under the CWSRF or a construction project under the DWSRF financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution(except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in § 5.1 or the FY 2012 Appropriations Act,the following clauses: (1)Minimum wages. (i)All laborers and mechanics employed or working upon the site of the work 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(29 CFR part 3)),the full amount of wages and bona fide fringe benefits(or cash equivalents thereof)due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof,regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2)of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph(a)(1)(iv)of this section; also, regular contributions made or costs incurred for more than a weekly period(but not less often than quarterly)under plans,funds,or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to skill,except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed.The wage determination(including any additional classification and wage rates conformed under paragraph(a)(1)(ii)of this section)and the Davis- Bacon poster(WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. Construction Contract Low Pressure Sewer Collection System Page 28 of 38 Subrecipients may obtain wage determinations from the U.S. Department of Labor's web site, www.wdol.gov. (ii)(A)The subrecipient(s),on behalf of EPA, shall require that any class of laborers or mechanics, including helpers,which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The State award official shall approve a request for an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1)The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2)The classification is utilized in the area by the construction industry; and (3)The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B)If the contractor and the laborers and mechanics to be employed in the classification(if known), or their representatives, and the subrecipient(s)agree on the classification and wage rate(including the amount designated for fringe benefits where appropriate), documentation of the action taken and the request, including the local wage determination shall be sent by the subrecipient(s)to the State award official. The State award official will transmit the request,to the Administrator of the Wage and Hour Division, Employment Standards Administration,U.S. Department of Labor,Washington, DC 20210 and to the EPA DB Regional Coordinator concurrently. The Administrator, or an authorized representative,will approve,modify, or disapprove every additional classification request within 30 days of receipt and so advise the State award official or will notify the State award official within the 30-day period that additional time is necessary. (C)In the event the contractor,the laborers or mechanics to be employed in the classification or their representatives,and the subrecipient(s)do not agree on the proposed classification and wage rate(including the amount designated for fringe benefits,where appropriate),the award official shall refer the request and the local wage determination, including the views of all interested parties and the recommendation of the State award official,to the Administrator for determination. The request shall be sent to the EPA DB Regional Coordinator concurrently. The Administrator, or an authorized representative,will issue a determination within 30 days of receipt of the request and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D)The wage rate(including fringe benefits where appropriate)determined pursuant to paragraphs(a)(1)(ii)(B)or(C)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 classification. (iii)Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate,the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv)If the contractor does not make payments to a trustee or other third person,the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably Construction Contract Low Pressure Sewer Collection System Page 29 of 38 anticipated in providing bona fide fringe benefits under a plan or program, Provided,That the Secretary of Labor has found, upon the written request of the contractor,that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2)Withholding. The subrecipient(s), shall upon written request of the EPA Award Official or an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements,which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices,trainees, and helpers,employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice,trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract,the(Agency)may, after written notice to the contractor, sponsor,applicant,or owner,take such action as may be necessary to cause the suspension of any further payment, advance,or guarantee of funds until such violations have ceased. (3)Payrolls and basic records. (i)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 thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address,and social security number of each such worker,his or her correct classification,hourly rates of wages paid(including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B)of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B)of the Davis-Bacon Act,the contractor shall maintain records which show that the commitment to provide such benefits is enforceable,that the plan or program is financially responsible,and that the plan or program has been communicated in writing to the laborers or mechanics affected,and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs,the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the subrecipient,that is,the entity that receives the sub- grant or loan from the State capitalization grant recipient. Such documentation shall be available on request of the State recipient or EPA.As to each payroll copy received,the subrecipient shall provide written confirmation in a form satisfactory to the State indicating whether or not the project is in compliance with the requirements of 29 CFR 5.5(a)(1)based on the most recent payroll copies for the specified week. The payrolls shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on the weekly payrolls. Instead the payrolls shall only need to include an individually identifying number for each employee(e.g.,the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Construction Contract Low Pressure Sewer Collection System Page 30 of 38 Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/whd/programs/dbra/wh347.htm or its successor site.The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the subrecipient(s) for transmission to the State or EPA if requested by EPA,the State,the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records,without weekly submission to the subrecipient(s). (B)Each payroll submitted shall be accompanied by a"Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1)That the payroll for the payroll period contains the information required to be provided under§ 5.5 (a)(3)(ii)of Regulations, 29 CFR part 5,the appropriate information is being maintained under§ 5.5 (a)(3)(i)of Regulations,29 CFR part 5,and that such information is correct and complete; (2)That each laborer or mechanic(including each helper, apprentice,and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned,without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned,other than permissible deductions as set forth in Regulations,29 CFR part 3; (3)That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C)The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the"Statement of Compliance"required by paragraph(a)(3)(ii)(B)of this section. (D)The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii)The contractor or subcontractor shall make the records required under paragraph(a)(3)(i)of this section available for inspection, copying, or transcription by authorized representatives of the State,EPA or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available,the Federal agency or State may, after written notice to the contractor, sponsor,applicant, or owner,take such action as may be necessary to cause the suspension of any further payment,advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4)Apprentices and trainees-- Construction Contract Low Pressure Sewer Collection System Page 31 of 38 (i)Apprentices.Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S.Department of Labor, Employment and Training Administration, Office of Apprenticeship Training,Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office,or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program,but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency(where appropriate)to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program.Any worker listed on a payroll at an apprentice wage rate,who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered,the ratios and wage rates(expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program,the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii)Trainees. Except as provided in 29 CFR 5.16,trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval,evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits,trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices.Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition,any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Construction Contract Low Pressure Sewer Collection System Page 32 of 38 Training Administration withdraws approval of a training program,the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii)Equal employment opportunity. The utilization of apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246,as amended and 29 CFR part 30. (5)Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3,which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1)through(10)and such other clauses as the EPA determines may by appropriate, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7)Contract termination; debarment.A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract,and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8)Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3,and 5 are herein incorporated by reference in this contract. (9)Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor(or any of its subcontractors)and Subrecipient(s), State, EPA,the U.S. Department of Labor,or the employees or their representatives. (10)Certification of eligibility. (i)By entering into this contract,the contractor certifies that neither it(nor he or she)nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii)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 CFR 5.12(a)(1). (iii)The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. 4. Contract Provision for Contracts in Excess of$100,000. (a)Contract Work Hours and Safety Standards Act. The subrecipient shall insert the following clauses set forth in paragraphs(a)(1),(2), (3), and(4)of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. Construction Contract Low Pressure Sewer Collection System Page 33 of 38 These clauses shall be inserted in addition to the clauses required by Item 3,above or 29 CFR 4.6.As used in this paragraph,the terms laborers and mechanics include watchmen and guards. (1)Overtime requirements.No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2)Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph(a)(1)of this section 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 District 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 individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph(a)(1)of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph(a)(1)of this section. (3)Withholding for unpaid wages and liquidated damages. The subrecipient,upon written request of the EPA Award Official or an authorized representative of the Department of Labor, shall withhold or cause to be withheld,from any moneys 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 other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph(b)(2)of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph(a)(1)through(4)of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(a)(1) through(4)of this section. (b)In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1,the Subrecipient shall insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number,correct classifications,hourly rates of wages paid, daily and weekly number of hours worked, deductions made,and actual wages paid. Further,the Subrecipient shall insert in any such contract a clause providing hat the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection,copying, or transcription by authorized representatives of the(write the name of agency)and the Department of Labor,and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. Construction Contract Low Pressure Sewer Collection System Page 34 of 38 5. Compliance Verification (a) The subrecipient shall periodically interview a sufficient number of employees entitled to DB prevailing wages(covered employees)to verify that contractors or subcontractors are paying the appropriate wage rates. As provided in 29 CFR 5.6(a)(6),all interviews must be conducted in confidence. The subrecipient must use Standard Form 1445 (SF 1445)or equivalent documentation to memorialize the interviews. Copies of the SF 1445 are available from EPA on request. (b)The subrecipient shall establish and follow an interview schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract. Subrecipients must conduct more frequent interviews if the initial interviews or other information indicates that there is a risk that the contractor or subcontractor is not complying with DB . Subrecipients shall immediately conduct necessary interviews in response to an alleged violation of the prevailing wage requirements. All interviews shall be conducted in confidence. (c) The subrecipient shall periodically conduct spot checks of a representative sample of weekly payroll data to verify that contractors or subcontractors are paying the appropriate wage rates. The subrecipient shall establish and follow a spot check schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract. At a minimum, if practicable,the subrecipient should spot check payroll data within two weeks of each contractor or subcontractor's submission of its initial payroll data and two weeks prior to the completion date the contract or subcontract. Subrecipients must conduct more frequent spot checks if the initial spot check or other information indicates that there is a risk that the contractor or subcontractor is not complying with DB. In addition, during the examinations the subrecipient shall verify evidence of fringe benefit plans and payments thereunder by contractors and subcontractors who claim credit for fringe benefit contributions. (d) The subrecipient shall periodically review contractors and subcontractors use of apprentices and trainees to verify registration and certification with respect to apprenticeship and training programs approved by either the U.S Department of Labor or a state,as appropriate,and that contractors and subcontractors are not using disproportionate numbers of, laborers,trainees and apprentices. These reviews shall be conducted in accordance with the schedules for spot checks and interviews described in Item 5(b)and(c)above. (e) Subrecipients must immediately report potential violations of the DB prevailing wage requirements to the EPA DB contact listed above and to the appropriate DOL Wage and Hour District Office listed at http://www.dol.gov/whd/america2.htm. Construction Contract Low Pressure Sewer Collection System Page 35 of 38 ATTACHMENT 2 DAVIS-BACON WAGE RATE DETERMINATION [SRF Assistance Recipient to insert applicable wage determinations here] How to obtain a Wage Determination: 1. www.wdol.gov 2. Click"Selecting DBA WDs" 3. Select the State and county where the work will be performed 4. Select the "Construction Type": Heavy, Building, Highway, or Residential 5. Click on one of the wage determinations. Verify that the wage determination displayed is the correct wage determination, and not for"Heavy Dredging". 6. Select the text box displaying the Wage Determination and copy the text of the Wage Determination. 7. Click"Sign Up for Alert Service"to receive notification if the Wage Determination is updated. When to update the wage determination: 1. If DOL updates the Wage Determination, you must update the Wage Determination through an addendum to the bid specifications. 2. If the update occurs less than 10 days prior to the date of bid opening, you are not required to update the Wage Determination. Construction Contract Low Pressure Sewer Collection System Page 36 of 38 ATTACHMENT 3 CERTIFICATION OF NONSEGREGATED FACILITIES (Applicable to federally assisted construction contracts and related subcontracts exceeding$10,000 which are not exempt from the Equal Opportunity clause.) The federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor certified,further that he will not maintain or provide for his employees any segregated facilities at any of his establishments,and that he will not permit his employees to perform their services at any location,under his control,where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification,the term"segregated facilities" means any waiting rooms, work area, rest rooms and wash rooms,restaurants and other eating areas,time clocks, locker rooms and other storage or dressing areas,parking lots,drinking fountains,recreation or entertainment areas,transportation,and housing facilities provided for employees which are segregated by explicit directive or area,in fact, segregated on the basis of race,creed,color,or national origin,because of habit,local custom,or otherwise. The federally assisted construction contractor agrees that(except where he has obtained identical certifications from proposed contractors for specific time periods)he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding$10,000 which are not exempt from the provisions of the Equal Opportunity clause,and that he will retain such, certification in this file. 2/e /14416/ " _3/13/24 Signature Date BRUCE B. SETON,JR. Name and title of signer(please type) [THIS FORM SHALL BE COMPLETED IN FULL AND SUBMITTED WITH THE BID PROPOSAL] Construction Contract Low Pressure Sewer Collection System Page 37 of 38 ATTACHMENT 4 NOTICE TO LABOR UNIONS OR OTHER ORGANIZATION OF WORKERS: NON-DISCRIMINATION IN EMPLOYMENT TO: Employees of Seton Construction,Inc. (name of union or organization of worker) The undersigned currently holds contract(s)with Jefferson County Public Works Dept. (name of applicant) involving funds or credit of the U.S. Government or(a)subcontract(s)with a prime contractor holding such contract(s). You are advised that under the provisions of the above contract(s)or subcontract(s)and in accordance with Section 202 of Executive Order 11246 dated September 24, 1965,the undersigned is obliged not to discriminate against any employee or applicant for employment because of race,color,creed,or national origin. This obligation not to discriminate in employment includes, but is not limited to,the following: EMPLOYMENT,UPGRADING,TRANSFER OR DEMOTION RECRUITMENT AND ADVERTISING RATES OF PAY OR OTHER FORMS OF COMPENSATION SELECTION FOR TRAINING INCLUDING APPRENTICESHIP, LAYOFF OR TERMINATION This notice is furnished you pursuant to the provisions of the above contract(s)or subcontract(s)and Executive Order 11246. Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. 99NS77elia7&11 fNc� 01/1{LE tracto 8.r rEsubc nfractor(s) 3/3-2,/ (Date) Construction Contract Low Pressure Sewer Collection System Page 38 of 38 Aco CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDr'YYY) ‘.... 3/13/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS i CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Trina Maher Kuresman Insurance In/c Nri,Ex11; (360)692-6131 (A/C,No): (360)692-6187 9307 Bay Shore Dr NW E-MAIL ADDRESS: trinam@kuresmanins.com Ste 101 INSURER(S) AFFORDING COVERAGE NAIC# Silverdale WA 98383-8350 INSURERA:The Charter Oak Fire Ins. Company 25615 INSURED INsuRERB:The Travelers Indemnity Company of Conr 25682 Seton Construction, Inc. INSURER C:Travelers Property Casualty Insurance 36161 4640 S DISCOVERY ROAD INSURER D: INSURER E: PORT TOWNSEND WA 98368 INSURERF: COVERAGES CERTIFICATE NUMBER:CL2412212880 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER LIMITS (MMIDD/VYYY) (MMIDDIYYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED A CLAIMS-MADE X OCCUR PREMISES (Ea occurrence) $ 1,000,000 X Y DT-00-95826132-TIL-23 10/30/2023 10/30/2024 MED EXP(Any one person) $ 15,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X ROT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) B X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED,__ AUTOS AUTOS X Y810-9S822286-23-26-G 10/30/2023 10/30/2024 BODILY INJURY(Per accident) $ _ NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) $ X BACEE $ X UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 5,000,000 C EXCESS LIAR CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTION$ X Y CUP-9S869505-23-26 10/30/2023 10/30/2024 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE X ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A A (Mandatory in NH) DT-CO-98826132-TIL-23 10/30/2023 10/30/2024 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C INLAND MARINE QT-630-9T175993-TIL-23 10/30/2023 10/30/2029 EQUIPMENT RENTED/LEASED $700,000 DEDUCTIBLE $2,500 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: PHASE 3 CERTIFICATE HOLDER IS ADDITIONAL INSURED FOR GENERAL LIABILILTY BY WRITTEN AGREEMENT PER CGD246. INSURANCE IS PRIMARY AND NON CONTRIBUTORY WITH A WAIVER OF SUBRGOATION BY WRITTEN AGREEMENT PER CGT100. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE JEFFERSON COUNTY DEPT OF PUBLIC WORKS THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 623 SHERIDAN STREET ACCORDANCE WITH THE POLICY PROVISIONS. PORT TOWNSEND, WA 98368 AUTHORIZED REPRESENTATIVE Mark Maberry/MWM /11�?Z____ I ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) COMMENTS/REMARKS WAIVER OF SUBROGATION BY WRITTEN AGREEMENT PER CG0316. ADDITIONAL INSURED FOR COMPLETED OPERATIONS BY WRITTEN AGREEMENT PER CGD246. ADDITIONAL INSURED WITH RESPECTS TO AUTO LIABILITY BY WRITTEN AGREEMENT PER CAT353. OFREMARK COPYRIGHT 2000, AMS SERVICES INC. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (Includes Products-Completed Operations If Required By Contract) z 0 yam, This endorsement modifies insurance provided under the following: ti COMMERCIAL GENERAL LIABILITY COVERAGE PART t Z o PROVISIONS (1) Any "bodily injury", "property damage" or The following is added to SECTION II — WHO IS AN "personal injury" arising out of the providing, L INSURED: or failure to provide, any y professional o Any person or organization that you agree in a architectural, engineering or surveying -� written contract or agreement to include as an services, including: `ti additional insured on this Coverage Part is an (a) The preparing, approving, or failing to .N insured, but only: prepare or approve, maps, shop a. With respect to liability for "bodily injury" or drawings, opinions, reports, surveys, "property damage" that occurs, or for "personal field orders or change orders, or the injury" caused by an offense that is committed, preparing, approving, or failing to c subsequent to the signing of that contract or prepare or approve, drawings and q, agreement and while that part of the contract or specifications; and C3 agreement is in effect; and o (b) Supervisory, inspection, architectural or w b. If, and only to the extent that, such injury or engineering activities. Zdamage is caused by acts or omissions of you or 4o your subcontractor in the performance of "your (2) Any "bodily injury" or "property damage" work" to which the written contract or agreement caused by "your work" and included in the x applies. Such person or organization does not "products-completed operations hazard" '� qualify as an additional insured with respect to unless the written contract or agreement 'v the independent acts or omissions of such specifically requires you to provide such person or organization. coverage for that additional insured during 4.1 tt The insurance provided to such additional insured is the policy period. psubject to the following provisions: c. The additional insured must comply with the o a. If the Limits of Insurance of this Coverage Part following duties: Q shown in the Declarations exceed the minimum limits required by the written contract or (1) Give us written notice as soon as practicable agreement, the insurance provided to the of an "occurrence" or an offense which may additional insured will be limited to such result in a claim. To the extent possible, such minimum required limits. For the purposes of notice should include: determining whether this limitation applies, the (a) How, when and where the "occurrence" minimum limits required by the written contract or or offense took place; agreement will be considered to include the minimum limits of any Umbrella or Excess (b) The names and addresses of any injured liability coverage required for the additional persons and witnesses; and insured by that written contract or agreement. c The This provision will not increase the limits of ( ) nature and location of any injury or insurance described in Section III — Limits Of damage arising out of the "occurrence" Insurance. or offense. b. The insurance provided to such additional (2) If a claim is made or "suit" is brought against insured does not apply to: the additional insured: CG D2 46 04 19 ©2018 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 COMMERCIAL GENERAL LIABILITY (a) Immediately record the specifics of the (4) Tender the defense and indemnity of any claim or"suit" and the date received; and claim or "suit" to any provider of other (b) Notify us as soon as practicable and see insurance which would cover such additional to it that we receive written notice of the insured for a loss we cover. However, this claim or"suit" as soon as practicable. condition does not affect whether the insurance provided to such additional (3) Immediately send us copies of all legal insured is primary to other insurance papers received in connection with the claim available to such additional insured which or "suit", cooperate with us in the covers that person or organization as a investigation or settlement of the claim or named insured as described in Paragraph 4., defense against the "suit", and otherwise Other Insurance, of Section IV— Commercial comply with all policy conditions. General Liability Conditions. c4-> Z ti Q Page 2 of 2 ©2018 The Travelers Indemnity Company. All rights reserved. CG D2 46 04 19 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT • This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM • GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any 4.4. injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or y limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- • age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF L. B. BLANKET ADDITIONAL INSURED USE—INCREASED LIMIT • I. PHYSICAL DAMAGE — TRANSPORTATION C. EMPLOYEE HIRED AUTO L. EXPENSES— INCREASED LIMIT • D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO — LIMITED WORLDWIDE COV- LOSS ERAGE— INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION • G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS Z. PROVISIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.1., Who Is person or organization qualifies as an "insured" An Insured, of SECTION II —COVERED AUTOS under the Who Is An Insured provision contained LIABILITY COVERAGE: in Section II. Any organization you newly acquire or form dur- C. EMPLOYEE HIRED AUTO ing the policy period over which you maintain 1. The following is added to Paragraph A.1., c 50% or more ownership interest and that is not Who Is An Insured, of SECTION II — COV- o ERED AUTOS LIABILITY COVERAGE: separately insured for Business Auto Coverage. A Coverage under this provision is afforded only un- An "employee" of yours is an "insured" while til the 180th day after you acquire or form the or- operating an "auto" hired or rented under a ganization or the end of the policy period, which- contract or agreement in an "employee's" ever is earlier. name, with your permission, while performing duties related to the conduct of your busi- B. BLANKET ADDITIONAL INSURED ness. The following is added to Paragraph c. in A.1., 2. The following replaces Paragraph b. in B.5., Who Is An Insured, of SECTION II — COVERED Other Insurance, of SECTION IV — BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: Any person or organization who is required under b. For Hired Auto Physical Damage Cover- a written contract or agreement between you and age, the following are deemed to be cov- that person or organization, that is signed and ered "autos" you own: executed by you before the "bodily injury" or (1) Any covered "auto" you lease, hire, "property damage" occurs and that is in effect rent or borrow; and during the policy period, to be named as an addi- (2) Any covered "auto" hired or rented by tional insured is an "insured" for Covered Autos your "employee" under a contract in Liability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions However, any "auto" that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: Zcovered "auto". (i) You must arrange to defend the "in- o D. EMPLOYEES AS INSURED sured" against, and investigate or set- c The following is added to Paragraph A.1., Who Is tie any such claim or "suit" and keep clo o An Insured, of SECTION II —COVERED AUTOS us advised of all proceedings and ac- Z LIABILITY COVERAGE: tions. 4, (ii) Neither you nor any other involved ti Any "employee" of yours is an "insured" while us- .i ing a covered "auto" you don't own, hire or borrow "insured" will make any settlement without our consent. o in your business or your personal affairs. o E. SUPPLEMENTARY PAYMENTS — INCREASED (iii) We may, at our discretion, participate ZLIMITS in defending the "insured" against, or o in the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2), "suit". -4. of SECTION II — COVERED AUTOS LIABIL- (iv) We will reimburse the "insured" for to ITY COVERAGE: sums that the "insured" legally must (2) Upto $3,000 for cost of bail bonds (in-''� pay as damages because of "bodily az cluding bonds for related traffic law viola- injury" or "property damage" to which tions) required because of an "accident" this insurance applies, that the "in- ; , we cover. We do not have to furnish sured" pays with our consent, but o these bonds. only up to the limit described in Para- o 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of O of SECTION II — COVERED AUTOS LIABIL- SECTION II — COVERED AUTOS Z ITY COVERAGE: LIABILITY COVERAGE. ct (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for . "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- "t• tcause of time off from work. tion of such claims and your defense of the "insured" against any such o F. HIRED AUTO — LIMITED WORLDWIDE COV- "suit", but only up to and included o ERAGE— INDEMNITY BASIS within the limit described in Para- 0 o The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of A graph B.7., Policy Period, Coverage Territory, SECTION II — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to (5) Anywhere in the world, except any country or make such payments ends when we jurisdiction while any trade sanction, em- have used up the applicable limit of bargo, or similar regulation imposed by the insurance in payments for damages, United States of America applies to and pro- settlements or defense expenses. hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Coy- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This insurance is not a substitute for re- and that is not an "auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter- partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 ©2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO You agree to maintain all required or (2) In or on your covered "auto". compulsory insurance in any such coun- This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered "auto". local law. Your failure to comply with No deductibles apply to this Personal Property compulsory insurance requirements will ,.�, not invalidate the coverage afforded by coverage. c this policy, but we will only be liable to the K. AIRBAGS o same extent we would have been liable The following is added to Paragraph B.3., Exclu- had you complied with the compulsory in- sions, of SECTION III — PHYSICAL DAMAGE asurance requirements. COVERAGE: 4. (d) It is understood that we are not an admit- Exclusion 3.a. does not apply to "loss" to one or ; ted or authorized insurer outside the more airbags in a covered "auto" you own that in- United States of America, its territories flate due to a cause other than a cause of "loss" o and possessions, Puerto Rico and Can- set forth in Paragraphs A.1.b. and A.1.c., but 0 ada. We assume no responsibility for the only: E furnishing of certificates of insurance, or a. If that "auto" is a covered "auto" for Compre- o for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance. b. The airbags are not covered under any war- 4. WAIVER OF DEDUCTIBLE—GLASS ranty; and The following is added to Paragraph D., Deducti- c. The airbags were not intentionally inflated. ble, of SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any ti COVERAGE: one "loss". No deductible for a covered "auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS o replaced. 4, The following is added to Paragraph A.2.a., of o H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF SECTION IV— BUSINESS AUTO CONDITIONS: USE—INCREASED LIMIT Your duty to give us or our authorized representa- The following replaces the last sentence of Para- tive prompt notice of the "accident" or "loss" ap- L.,z graph A.4.b., Loss Of Use Expenses, of SEC- plies only when the "accident" or "loss" is known �, TION III— PHYSICAL DAMAGE COVERAGE: to: '� However, the most we will pay for any expenses (a) You (if you are an individual); 'O for loss of use is $65 per day, to a maximum of (b) A partner(if you are a partnership); o $750 for any one "accident". I. PHYSICAL DAMAGE — TRANSPORTATION (c) A member (if you are a limited liability com- pany); EXPENSES—INCREASED LIMIT (d) An executive officer, director or insurance 0 A The following replaces the first sentence in Para- manager (if you are a corporation or other or- graph A.4.a., Transportation Expenses, of ganization); or SECTION III — PHYSICAL DAMAGE COVER- (e) Any "employee" authorized by you to give no- AGE: tice of the "accident" or"loss". We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in- The following replaces Paragraph A.5., Transfer curred by you because of the total theft of a cov- Of Rights Of Recovery Against Others To Us, ered "auto" of the private passenger type. of SECTION IV — BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS: The following is added to Paragraph A.4., Cover- 5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex- tent required of you by a written contract We will pay up to $400 for "loss" to wearing ap- signed and executed prior to any "accident" parel and other personal property which is: or"loss", provided that the "accident" or"loss" (1) Owned by an "insured"; and arises out of operations contemplated by CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal. SECTION IV— BUSINESS AUTO CONDITIONS: L. 4 • L. L. I L. I L. L. A Page 4 of 4 ©2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL GENERAL LIABILITY c. Method Of Sharing a. The statements in the Declarations are If all of the other insurance permits contribution accurate and complete; by equal shares, we will follow this method also. b. Those statements are based upon Under this approach each insurer contributes representations you made to us; and equal amounts until it has paid its applicable c. We have issued this policy in reliance upon limit of insurance or none of the loss remains, your representations. whichever comes first. The unintentional omission of, or unintentional error If any of the other insurance does not permit in, any information provided by you which we relied contribution by equal shares, we will contribute upon in issuing this policy will not prejudice your by limits. Under this method, each insurer's rights under this insurance. However, this provision share is based on the ratio of its applicable limit does not affect our right to collect additional of insurance to the total applicable limits of premium or to exercise our rights of cancellation or insurance of all insurers. nonrenewal in accordance with applicable insurance d. Primary And Non-Contributory Insurance If laws or regulations. Required By Written Contract 7. Separation Of Insureds If you specifically agree in a written contract or Except with respect to the Limits of Insurance, and agreement that the insurance afforded to an any rights or duties specifically assigned in this insured under this Coverage Part must apply on Coverage Part to the first Named Insured, this a primary basis, or a primary and non- insurance applies: contributory basis, this insurance is primary to a. As if each Named Insured were the only other insurance that is available to such insured Named Insured; and which covers such insured as a named insured, and we will not share with that other insurance, b. Separately to each insured against whom claim provided that: is made or"suit" is brought. (1) The"bodily injury' or"property damage" for 8. Transfer Of Rights Of Recovery Against Others which coverage is sought occurs; and To Us (2) The "personal and advertising injury' for If the insured has rights to recover all or part of any which coverage is sought is caused by an payment we have made under this Coverage Part, offense that is committed; those rights are transferred to us. The insured must subsequent to the signing of that contract or do nothing after loss to impair them. At our request, agreement by you. the insured will bring "suit" or transfer those rights to us and help us enforce them. 5. Premium Audit 9. When We Do Not Renew a. We will compute all premiums for this Coverage If we decide not to renew this Coverage Part, we will Part in accordance with our rules and rates. mail or deliver to the first Named Insured shown in b. Premium shown in this Coverage Part as the Declarations written notice of the nonrenewal advance premium is a deposit premium only. At not less than 30 days before the expiration date. the close of each audit period we will compute If notice is mailed, proof of mailing will be sufficient the earned premium for that period and send proof of notice. notice to the first Named Insured. The due date for audit and retrospective premiums is the date SECTION V—DEFINITIONS shown as the due date on the bill. If the sum of 1. "Advertisement" means a notice that is broadcast or the advance and audit premiums paid for the published to the general public or specific market policy period is greater than the earned segments about your goods, products or services premium, we will return the excess to the first for the purpose of attracting customers or Named Insured. supporters. For the purposes of this definition: c. The first Named Insured must keep records of a. Notices that are published include material the information we need for premium placed on the Internet or on similar electronic computation, and send us copies at such times means of communication; and as we may request. b. Regarding websites, only that part of a website 6. Representations that is about your goods, products or services By accepting this policy, you agree: for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Who Is An Insured—Unnamed Subsidiaries C. Incidental Medical Malpractice B. Blanket Additional Insured — Governmental D. Blanket Waiver Of Subrogation Entities — Permits Or Authorizations Relating To E. Contractual Liability—Railroads Operations F. Damage To Premises Rented To You PROVISIONS a. An organization other than a partnership, joint A. WHO IS AN INSURED — UNNAMED venture or limited liability company; or SUBSIDIARIES b. A trust; The following is added to SECTION II — WHO IS as indicated in its name or the documents that AN INSURED: govern its structure. Any of your subsidiaries, other than a partnership, B. BLANKET ADDITIONAL INSURED — joint venture or limited liability company, that is GOVERNMENTAL ENTITIES — PERMITS OR not shown as a Named Insured in the AUTHORIZATIONS RELATING TO OPERATIONS Declarations is a Named Insured if: The following is added to SECTION II — WHO IS a. You are the sole owner of, or maintain an AN INSURED: ownership interest of more than 50% in, such subsidiary on the first day of the policy period; Any governmental entity that has issued a permit and or authorization with respect to operations b. Such subsidiary is not an insured under performed by you or on your behalf and that you similar other insurance. are required by any ordinance, law, building code or written contract or agreement to include as an No such subsidiary is an insured for"bodily injury" additional insured on this Coverage Part is an or "property damage" that occurred, or "personal insured, but only with respect to liability for "bodily and advertising injury" caused by an offense injury", "property damage" or "personal and committed: advertising injury" arising out of such operations. a. Before you maintained an ownership interest The insurance provided to such governmental of more than 50% in such subsidiary; or entity does not apply to: b. After the date, if any, during the policy period a. Any "bodily injury", "property damage" or that you no longer maintain an ownership "personal and advertising injury" arising out of interest of more than 50%in such subsidiary. operations performed for the governmental For purposes of Paragraph 1. of Section II —Who entity; or Is An Insured, each such subsidiary will be b. Any "bodily injury" or "property damage" deemed to be designated in the Declarations as: included in the "products completed operations hazard". CG D3 16 02 19 ©2017 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. COMMERCIAL GENERAL LIABILITY C. INCIDENTAL MEDICAL MALPRACTICE pharmaceuticals committed by, or with the 1. The following replaces Paragraph b. of the knowledge or consent of,the insured. definition of "occurrence" in the 5. The following is added to the DEFINITIONS DEFINITIONS Section: Section: b. An act or omission committed in providing "Incidental medical services" means: or failing to provide "incidental medical services", first aid or "Good Samaritan a. Medical, surgical, dental, laboratory, x-ray services" to a person, unless you are in or nursing service or treatment, advice or the business or occupation of providing instruction, or the related furnishing of professional health care services. food or beverages; or 2. The following replaces the last paragraph of b. The furnishing or dispensing of drugs or Paragraph 2.a.(1) of SECTION II — WHO IS medical, dental, or surgical supplies or AN INSURED: appliances. Unless you are in the business or occupation 6. The following is added to Paragraph 4.b., of providing professional health care services, Excess Insurance, of SECTION IV — Paragraphs (1)(a), (b), (c) and (d) above do COMMERCIAL GENERAL LIABILITY not apply to "bodily injury" arising out of CONDITIONS: providing or failing to provide: This insurance is excess over any valid and (a) "Incidental medical services" by any of collectible other insurance, whether primary, your "employees" who is a nurse, nurse excess, contingent or on any other basis, that assistant, emergency medical technician is available to any of your "employees" for or paramedic; or "bodily injury" that arises out of providing or (b) First aid or "Good Samaritan services" by failing to provide "incidental medical services" any of your "employees" or "volunteer to any person to the extent not subject to workers", other than an employed or Paragraph 2.a.(1) of Section II — Who Is An volunteer doctor. Any such "employees" Insured. or "volunteer workers" providing or failing D. BLANKET WAIVER OF SUBROGATION to provide first aid or "Good Samaritan services" during their work hours for you The following is added to Paragraph 8., Transfer will be deemed to be acting within the Of Rights Of Recovery Against Others To Us, scope of their employment by you or of SECTION IV — COMMERCIAL GENERAL performing duties related to the conduct LIABILITY CONDITIONS: of your business. If the insured has agreed in a contract or 3. The following replaces the last sentence of agreement to waive that insured's right of Paragraph 5. of SECTION III — LIMITS OF recovery against any person or organization, we INSURANCE: waive our right of recovery against such person or For the purposes of determining the organization, but only for payments we make applicable Each Occurrence Limit, all related because of: acts or omissions committed in providing or a. "Bodily injury" or "property damage" that failing to provide "incidental medical occurs; or services", first aid or "Good Samaritan services" to any one person will be deemed to b. "Personal and advertising injury" caused by be one "occurrence". an offense that is committed; 4. The following exclusion is added to subsequent to the execution of the contract or Paragraph 2., Exclusions, of SECTION I — agreement. COVERAGES — COVERAGE A — BODILY E. CONTRACTUAL LIABILITY—RAILROADS INJURY AND PROPERTY DAMAGE LIABILITY: 1. The following replaces Paragraph c. of the Sale Of Pharmaceuticals definition of "insured contract" in the "Bodily injury" or "property damage" arising DEFINITIONS Section: out of the violation of a penal statute or c. Any easement or license agreement; ordinance relating to the sale of Page 2 of 3 ©2017 The Travelers Indemnity Company.All rights reserved. CG D3 16 02 19 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. COMMERCIAL GENERAL LIABILITY 2. Paragraph f.(1) of the definition of "insured a. Any premises while rented to you or contract' in the DEFINITIONS Section is temporarily occupied by you with permission deleted. of the owner; or F. DAMAGE TO PREMISES RENTED TO YOU b. The contents of any premises while such The following replaces the definition of "premises premises is rented to you, if you rent such damage" in the DEFINITIONS Section: premises for a period of seven or fewer "Premises damage" means "property damage"to: consecutive days. CG D3 16 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance ServicesOffice, with 0 ce, Inc.,c t its permission. COMMERCIAL GENERAL LIABILITY c. Method Of Sharing a. The statements in the Declarations are If all of the other insurance permits contribution accurate and complete; by equal shares, we will follow this method also. b. Those statements are based upon Under this approach each insurer contributes representations you made to us; and equal amounts until it has paid its applicable c. We have issued this policy in reliance upon limit of insurance or none of the loss remains, your representations. whichever comes first. The unintentional omission of, or unintentional error If any of the other insurance does not permit in, any information provided by you which we relied contribution by equal shares, we will contribute upon in issuing this policy will not prejudice your by limits. Under this method, each insurer's rights under this insurance. However, this provision share is based on the ratio of its applicable limit does not affect our right to collect additional of insurance to the total applicable limits of premium or to exercise our rights of cancellation or insurance of all insurers. nonrenewal in accordance with applicable insurance d. Primary And Non-Contributory Insurance If laws or regulations. Required By Written Contract 7. Separation Of Insureds If you specifically agree in a written contract or Except with respect to the Limits of Insurance, and agreement that the insurance afforded to an any rights or duties specifically assigned in this insured under this Coverage Part must apply on Coverage Part to the first Named Insured, this a primary basis, or a primary and non- insurance applies: contributory basis, this insurance is primary to a. As if each Named Insured were the only other insurance that is available to such insured Named Insured; and which covers such insured as a named insured, and we will not share with that other insurance, b. Separately to each insured against whom claim provided that: is made or"suit" is brought. (1) The"bodily injury" or"property damage"for 8. Transfer Of Rights Of Recovery Against Others which coverage is sought occurs; and To Us (2) The "personal and advertising injury" for If the insured has rights to recover all or part of any which coverage is sought is caused by an payment we have made under this Coverage Part, offense that is committed; those rights are transferred to us. The insured must subsequent to the signing of that contract or do nothing after loss to impair them. At our request, agreement by you. the insured will bring "suit" or transfer those rights to us and help us enforce them. 5. Premium Audit 9. When We Do Not Renew a. We will compute all premiums for this Coverage If we decide not to renew this Coverage Part, we will Part in accordance with our rules and rates. mail or deliver to the first Named Insured shown in b. Premium shown in this Coverage Part as the Declarations written notice of the nonrenewal advance premium is a deposit premium only. At not less than 30 days before the expiration date. the close of each audit period we will compute If notice is mailed, proof of mailing will be sufficient the earned premium for that period and send proof of notice. notice to the first Named Insured. The due date for audit and retrospective premiums is the date SECTION V—DEFINITIONS shown as the due date on the bill. If the sum of 1. "Advertisement" means a notice that is broadcast or the advance and audit premiums paid for the published to the general public or specific market policy period is greater than the earned segments about your goods, products or services premium, we will return the excess to the first for the purpose of attracting customers or Named Insured. supporters. For the purposes of this definition: c. The first Named Insured must keep records of a. Notices that are published include material the information we need for premium placed on the Internet or on similar electronic computation, and send us copies at such times means of communication; and as we may request. b. Regarding websites, only that part of a website 6. Representations that is about your goods, products or services By accepting this policy, you agree: for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 ©2017 The Travelers Indemnity Company.All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc.with its permission.