HomeMy WebLinkAboutCONSENT Award of contract Earthwork Department of Public Works
O Consent Agenda
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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: December 16, 2024
Subject: Execution of Contract with Earthwork Solutions LLC for Award of Contract
for Phase 4—Stage 2 On-site Grinder Pump Installation for Port Hadlock
UGA, Project No. 40521270, ECY Agreement No. WQC_2024_JCoPWE-
00034
Statement of Issue: Execution of Contract with Earthwork Solutions LLC for Phase 4—Stage 2
On-site Grinder Pump Installation for Port Hadlock UGA, Project No. 40521270, ECY Agreement
No. WQC-2024_JCoPWE-00034
Analysis/Strategic Goals/Pro's &Con's: The Board awarded this construction contract to
Earthwork Solutions LLC on November 12, 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 104 working days and is expected to be
completed by September 30, 2025.
Fiscal Impact/Cost Benefit Analysis: The bid amount is $1,056,937.29, including 9.1%
Washington State Sales Tax (WSST). This project is fully funded by the Department of Ecology
Water Quality Combined Financial Assistance Program (State Revolving Fund (SRF) Loans and
Centennial Grant).
Recommendation: Public Works recommends that the Board execute all two (2) originals of
the Contract with Earthwork Solutions LLC and return one (1) original to Public Works for
further processing.
Department Contact: Samantha Harper, P.E., Project Manager, 385-9175.
Reviewed By:
Mark McCauley, unty Administrator ate
CONTRACT REEW FORM Clear For
VI m
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Earthwork Solutions LLC Contract No: (Jv
Contract For: Phase 4-Stage 2 On-site Grinder Pump Installation for PHUGA Term:
COUNTY DEPARTMENT: Public works
Contact Person: Samantha Harper
Contact Phone: 360.385-9175
Contact email: sharperftojefferson.waus
AMOUNT: 1,056,937.29(incl.9.1%WSST) PROCESS: Exempt from Bid Process
Revenue: 1,056,937.29 Cooperative Purchase
Expenditure: 1,056,937.29 o/ Competitive Sealed Bid
Matching Funds Required: o Small Works Roster
Sources(s)of Matching Funds N/A Vendor List Bid
Fund# 40521270(Ecology Combine 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.
11/18/2024
CERTIFIED: ■ N/A:�
Samantha Harper,P.E.�.., .....a.,�,,..,..:•
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. Dtgltay algned by Samantha Harper,P E
DN.c-us.
Samantha Harper,P.E.a'"acme.- ff—an—"•
■ p '^tom Mh Ha�E°Ma 11/18/2024
CERTIFIED: N/A:
Signature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
J Electronically approved by Risk Management on 11/21/2024.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
J
Electronically approved as to form by PAO on 11/21/2024.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
1
CONSTRUCTION CONTRACT
JEFFERSON COUNTY,WASHINGTON
THIS CONSTRUCTION CONTRACT (this Agreement) 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 Earthwork Solutions LLC(the Contractor).
WITNESSETH:
That in consideration of the terms and conditions contained herein and attached and made a part of this
agreement,the parties hereto covenant and agree as follows:
1. Effective Date. This Agreement 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 calendar 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 Services. The Contractor agrees to furnish all labor and equipment and do certain work,
to-wit: That the Contractor herein shall undertake and complete the following described work:
The construction of the Stage 2 On-site Grinder Pump Installation in Port Hadlock, Washington.
Work includes installation of on-site grinder pump, control panel, discharge piping, existing
building drain connection,grease interceptors,decommissioning of existing septic tanks and other
work, all in accordance with the attached Contract Plans, these Contract Provisions, and the
Standard Specifications
for the total sum of one million fifty-six thousand nine hundred thirty-seven dollars and twenty.
nine cent($1.056.937.29).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
Bidder's completed Proposal Form, Contract Plans; (3) All Addenda; and, (4) 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.
Construction Contract Contract G Version 1 Page 1 of 17
The Contractor shall provide all Work or materials clearly implied in the Contract even if the
Contract does not mention it specifically.
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. The County's Standard Plans or Details(if any);
7. Standard Specifications; 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.
Whenever reference is made in the Special Provisions listed in Exhibit F to codes, rules,
specifications,and standards,the reference shall be construed to mean the code,rule,specification,
or standard that is in effect on the Bid advertisement date,unless otherwise stated or as required by
law.
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.
Construction Contract Contract G Version 1 Page 2 of 17
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.
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 this Agreement 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 WSDOT Standard Specifications. This
insurance shall contain the following coverage:
i. Owned automobiles;
Construction Contract Contract G Version 1 Page 3 of 17
ii. Hired automobiles; and,
iii. Non-owned automobiles.
The County shall be named as an additional insured party under this policy.
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 this Agreement 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
Construction Contract Contract G Version 1 Page 4 of 17
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.
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 this Agreement.
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 this Agreement.
in. The County may,upon the Contractor's failure to comply with all provisions of this Agreement
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 this Agreement.
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 this Agreement. This Agreement 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 this Agreement,except for injuries
and damages caused by the sole negligence of the County. Should a court of competent jurisdiction
determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for
damages arising out of bodily injury to persons or damages to property caused by or resulting from
the concurrent negligence of the 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 this Agreement.
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 this Agreement 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
Construction Contract Contract G Version 1 Page 5 of 17
to enforce this subsection, all cost and fees shall be recoverable from the Contractor. This section
shall survive the expiration or termination of this Agreement.
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 this
Agreement shall be submitted in writing within 10 days to County Risk Manager,whose decision
in the matter shall be 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 this Agreement,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 this Agreement.
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 this
Agreement 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. Order of Precedence. If there is an inconsistency in this Agreement,or between its terms and any
applicable statute or rule,the inconsistency shall be resolved by giving precedence in the following
order: (1)Amendments to this Agreement, (2) Proposal Form,(3)this Agreement,(4)Exhibits to
this Agreement, (5) Contract Plans, (6) the County's Standard Plans or Details (if any), and (8)
WSDOT Standard Plans for Road,Bridge,and Municipal Construction.
13. 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 this Agreement 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.
14. No Oral Waiver.No term or provision of this Agreement 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.
15. Severability.Provided it does not result in a material change in the terms of this Agreement,if any
provision of this Agreement or the application of this Agreement to any person or circumstance
shall be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the
application this Agreement shall not be affected and shall be enforceable to the fullest extent
permitted by law.
16. Survival. Those provisions of this Agreement that by their sense and purpose should survive the
term of this Agreement shall survive the term of this Agreement. Without limiting the generality
Construction Contract Contract G Version t Page 6 of 17
of the preceding sentence, and for the avoidance of doubt, the provisions that survive the term of
this agreement include: (a)controlling law; (b)insurance;and,(c)indemnification.
17. Subcontracting�Requirements.Contractor is responsible for meeting all terms and conditions of this
Agreement 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 this Agreement.
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 this Agreement. Contractor must provide every subcontractor's written agreement to follow
every term of this Agreement before the subcontractor can perform any services under this
Agreement. The Public Health 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 this Agreement.
18. 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 this Agreement,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 this
Agreement. For breach or violation of this warranty, County shall have the right to annul this
Agreement 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.
19. Public Records Act.Notwithstanding the provisions of this Agreement 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 this Agreement.
20. 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:
Earthwork Solutions,LLC.
8629 156th Street NE
Arlington,WA 98223
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21. No Oral Waiver.No term or provision of this Agreement 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.
22. Severability.Provided it does not result in a material change in the terms of this Agreement,if any
provision of this Agreement or the application of this Agreement to any person or circumstance
shall be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the
application this Agreement shall not be affected and shall be enforceable to the fullest extent
permitted by law.
23. Survival. Those provisions of this Agreement that by their sense and purpose should survive the
term of this Agreement shall survive the term of this Agreement. Without limiting the generality
of the preceding sentence, and for the avoidance of doubt, the provisions that survive the term of
this agreement include: (a)controlling law; (b)insurance;and,(c)indemnification.
24. Binding on Successors.Heirs and Assigns. This Agreement shall be binding upon and inure to the
benefit of the parties' successors in interest,heirs and assigns.
25. No Assignment. The Contractor shall not sell, assign, or transfer any of rights obtained by this
Agreement without the express written consent of the County.
26. No Third-party Beneficiaries. The parties do not intend, and nothing in this Agreement shall be
construed to mean, that any provision in this Agreement is to benefit any person or entity who is
not a party.
27. Modification of this Agreement. This Agreement may be amended or supplemented only by a
writing signed by duly authorized representatives of all the parties.
28. Signature in Counterparts. This Agreement 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 this Agreement
at different times and places by the parties shall not affect the validity of this Agreement, so long
as all the parties execute a counterpart of this Agreement.
29. Facsimile and Electronic Signatures.iatures.The parties agree that facsimile and electronic signatures shall
have the same force and effect as original signatures.
30. Alms-Length Negotiations. The parties agree this Agreement has been negotiated at arms-length,
with the assistance and advice of competent,independent legal counsel.
31. 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 this
Agreement. 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 this
Agreement 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
Construction Contract Contract G Version 1 Page 8 of 17
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 this Agreement to the
other party,will remain the property of the furnishing party,unless otherwise agreed.
32. Attachments.Any document in this Agreement identified as an attachment or exhibit is part of this
Agreement and is incorporated by reference into this Agreement.
33. Reference to Sections in this Agreement.Any reference to a section in this Agreement is a reference
to a section of this Agreement,unless clearly stated to the contrary.
34. Representations and Warranties. The parties represent and warrant that:
a. Each person signing this Agreement is fully authorized to enter into this Agreement 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 this Agreement 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 this Agreement and that no further corporate or other
internal approval is necessary; and,
e. Each party has read this Agreement in its entirety and know the contents of this Agreement,
that the terms are contractual and not merely recitals,and that they have signed this Agreement,
having obtained the advice of legal counsel.
35. Index of Exhibits. An index of exhibits to this Agreement is below. Checking one of the boxes
below means that such an exhibit is effective.
❑X Exhibit A: Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary
Exclusion
Exhibit B: Certification of Compliance with Wage Payment Statues
❑X Exhibit C: Performance Bond,Jefferson County,Washington
�X Exhibit D: Payment Bond,Jefferson County,Washington
❑X Exhibit E: Contractor's Declaration of Option for Management of Statutory Retained
Percentage
�X Exhibit F: Additional Requirements - Department of Ecology Washington State
Department of Ecology Revolving Fund Specification Insert
(SIGNATURES FOLLOW ON THE NEXT PAGE)
Construction Contract Contract G Version I Page 9 of 17
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 DECEMBER 2ND ,2024
Contractor:
EARTHWORK SOLUTIONS,LLC
(Please print)
By: JOSH FRIZZELL
(Please print)
(Signature)
EARTHSL8300K
State of Washington,Contractor Registration Number
COUNTY OF JEFFERSON
BOARD OF COMMISSIONERS
Kate Dean,District 1 Date
Heidi Eisenhour,District 2 Date
Greg Brotherton, District 3 Date
Approved as to rm only:
for 11/21/2024
hilip C. Hunsucker Date
Chief Civil De uty Prosecutor
MN inders,P.E. Date
Public Works Director/County Engineer
Construction Contract Contract 6 Version 1 Page 10 of 17
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 this Agreement 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.
EARTHWORK SOLUTIONS,LLC
Name of Contractor(Please print)
JOSH FRIZZELL
Name and Title of Authorized Representative(Please print)
S:grlaturt o ut�Representative
Ol am unable to certify to the above statement.An explanation is attached.
Construction Contract Contract G Version 1 Page 11 of 17
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 12/02/2024 , 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.
EARTHWORK SOLUTIONS,LLC
Bidder's Business Name
Signature of Authorized Official*
JOSH FRIZZELL
Printed Name
GOVERNOR
Title
12/2/2024 ARLINGTON WA
Date City State
Check One:
Sole Proprietorship Partnership Q✓ Joint Venture Corporation
State of Incorporation, or if not a corporation, State where business entity was formed:
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 Contract G Version 1 Page 12 of 17
EXHIBIT C
PUBLIC WORKS PERFORMANCE BOND
to .lcffcrson County,WA
Bond No. 54263777
Jefferson County, Washington, (the County) has awarded to Earthwork Solutions LLC (Principal), a
Contract for the construction of the project designated as Phase 4 — Stage 2 — On-site Grinder Pumu
Installation for Port Hadlock UGA. County Project No. 405-2127-0, 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.
The Principal,and United Fire&Casualty Company (Surety),a corporation organized under
the laws of the State of lowa 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., are jointly and severally
held and firmly bound to Jefferson County,in the sum of one million fifty six thousand nine hundred thirty
seven dollars and twenty nine cent($1,056,937.29)Total Contract Amount,subject to the provisions herein.
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 Jefferson County 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.
Construction Contract Contract G Version i Page 13 of 17
PRIN AL: Earthwork Solutions,LLC SURETY: United 1-i Casualty Company
12/4/2024 12/4/2024
rincipal tore Date Surety Signature Date
Josh Frizzell Elizabeth R.Hahn
Printed Name Printed Name
Governor, General Manager Attorney-in-Fact
Title Title
Local office/agent of Surety Company:
Name Parker,Smith&Feek Telephone (425)709-3600
Address 2233 112th Ave NE,Bellevue.WA 98004
Construction Contract Contract G Version 1 Page 14 of 17
un
Ufg UNITED FIRE Sc CASUALTY COMPANY,CEDAR RAPIDS,IA Inquiries: Surety Department
UNITED FIRE&INDEMNITY COMPANY,WEBSTER,TX 118 Second Ave SE
• FINANCIAL PACIFIC INSURANCE COMPANY.LOS ANGELES,CA Cedar Rapids,IA 52401
CERTIFIED COPY OF POWER OF ATTORNEY
INSURANCE (original on file at Home OlTice of Company—See Certification)
KNOW ALL PERSONS BY THESE PRESENTS,That United Fite&Casualty Company,a corporation duly organized and existing tinder the laws
of the State of Iowa; United Fire& Indemnity Company, a corporation duly organized and existing under the laws of the State of Texas; and
Financial Pacific insurance Company.a corporation duly organized and existing under the laws of the State of California(herein collectively called
the Companies and having their corporate headquarters in Cedar Rapids,State of Iowa,does make,constitute and appoint
NICHOLAS FREDRICKSON, ANDREW KERSLAKE, GUY P. ARMFIELD, ROGER KALTENBACH, ELIZABETH R. HAHN, SCOTT
MCGILVRAY, ALEC GUMPFER, GREG LAGREID, DEANNA M. FRENCH, JANA M. ROV, KATELYN COOPER, RONALD J.
LANGE, SCOTT FISHER, SCOTT GARCIA, SUSAN B. LARSON, MINDEE L. RANKIN, FRANCIS WIRT, JOHN N. BUSTARD,
ROLAND R. EUGEN1O, SHIRLEY J. PACE, LAUREN ZAKARIAN, REBECCA SARMIENTO, CHRIS LARSON, KYLE DOZIER,
ABBIE A. BONNEY, SANDY L. BOSWELL, JANIE MA, BRENDA S. NOLIN, SHARON POPE, JANTEANE BLYTON, ALEX
GIANNINI, EACH INDIVIDUALLY
1 !
their true and lawful Attorneys)-in-Fact with power and authority hereby conferred to sigh,seal and execute in its behalf all lawful bonds,
undertakings and other obligatory instruments of similar mature provided that no single obligation shall exceed $50,000,000.00
and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies
and all of the acts of said Attorney,pursuant to the authority hereby given and hereby ratified and confirmed.
The Authority hereby granted is continuous and shall remain in full force and effect until revoked by United Fire&Casualty Company,United Fire&
Indemnity Company,and Financial Pacific Insurance Company.
This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted by the Boards of Directors of United
Fie&Casualty Company,United Fire&indemnity Company,and Financial Pacific Insurance Company.
"Article VI—Surety Bonds and Undertakings"
Section 2,Appointment of Attorney-it-Fact. "The President or any Vice President,or any other officer of the Companies may,from time to time,appoint by written
certificates attorneys—in—fact to net in behalf of the Companies in the execution of policies of insurance.bonds,undertakings and other obligatory instruments of lute nature.
Of
The signature of any officer suthorimil hereby,and the Corporate scat,may be affixed by facsimile to any prover of aSignat e f fuspeciel power of attorney ig nalcer seal of he
either authorized hereby;such signature and seal,when so used,being adopted by the Companies as the original signature of such offt,s and the original sea[of the
Companies,to be valid and binding upon the Companies with the same force and effect as though manually afixed. Such attorneys-in-fact,subject to the limitations set of
forth in their respective certificates of authority shall have full power to bind die Companies by their signature and execution of any such instruments and to attach the seal
the Companies thercm. The President or any Vice Pmsident,the Board of Dincotorc or any ether officer of the Companies may at any time revolx all power and authority
previously given to any atoomey-in-fact.
IN WITNESS WHEREOF.the COMPANIES have each caused these presents to be signed by its
ate:C"u I* a �'��",",N�� vice president and its corporate seal to be hereto affixed this 1st day of Apr 11 , 2024
CnMIMAIXg` e° UNITED FIRE&CASUALTY COMPANY
_ ;� g„ 1UtY 22
—•— :_ ;.. —•— .� y ,9s6 � UNITED FIRE&INDEMNITY COMPANY
� SEAL .r sue ;4 s•:e}t FINANCIAL PACIFIC INSURANCE COMPANY
'�y�M•r�11��`,``` ,N(`�Ml R IN�� ��nnnnrnM"�
By:
State of Iowa,County of Linn,ss: 111Z7 Vice President
On 1st day of April, 2024, before Ire personally came Kyanna M. Saylor
to rue known,who being by me duly sworn,did depose and say;that she resides in Cedar Rapids,State of Iowa;that she is a Vice President of United
Fire&Casualty Company,a Vice President of United Fire&Indemnity Company,and a Vice President of Financial Pacific Insurance Company the
corporations described in and which executed the above instrument; that she knows the seal of said corporations; that the seal affixed to the said
instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that she signed her
name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations.
Patti Waddell
o Iowa Notarial Seal
Commission number 713274 Notary Public
I*Commission Expires 1 0/2612 0 2 5 My commission expires: 1026/2025
i,Mary A.Bertsch,Assistant Secretary of United Fire&Casualty Company and Assistant Secretary of United Fire&indemnity Company,and Assistant
! that I have compared the foregoing copy of the Power of Attorney and affidavit,and
Secretary of Financial Pacific Insurance Company,do hereby certify
the copy of the Section of the bylaws and resolutioins of said Corporations as set forth in said Power of Attorney,with the ORIGINALS ON FILE IN THE
HOME OFFICE OF SAiD CORPORATIONS,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said
Power of Attorney has not been revoked and is now in full force and effect.
In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations
` this_ day of ,20
CAX
,$'•` ,n` aT QtS"v,OPPfl1Rtj / Cr'�"'�"
c� i
eoaroaAre �. _9 eoa n Is >� eu�rzz °; By:
X �•� z- = —• � =x 1986 a-
$rb CA +, SEAL • =x' _:,r .'� Assistant Secretary,
OF&C&OF&I&FPiC
'rrr+Nil rr»n p`` r4rymntuu� rnme+W�
BPOA0049 1217
EXHIBIT D
PUBLIC WORKS PAYMENT BOND
to Jefferson County,WA
Bond No. 54263777
Jefferson County. Washington, (the County) has awarded to Earthwork Solutions LLC (Principal), a
Contract for the construction of the project designated as Phase 4 — Stage 2 — On-site Grinder Pump
Installation for Port Hadlock UGA, County Project No. 405-2127-0, 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 United Fire&Casualty Company (Surety), a corporation organized under
the laws of the State of Iowa 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.,are jointly and severally
held and firmly bound to Jefferson County.in the sum of one million fifty six thousand nine hundred thirty
seven dollars and twenty nine cent($1,056,937.29)Total Contract Amount,subject to the provisions herein.
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 51
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 Jefferson County 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 material persons,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.
Construction Contract Contract G Version 1 Page 15 of 17
PRINCIPAL: ork Solutions,LLC SURETY: United Fire&Casualty Company ''"°f '
11A CCAL
12/4/2024
Principal at re 12/4/2024 Surety Signature Date
Date
Josh Frizzell Elizabeth R.Hahn
Printed Name Printed Name
Governor, General Manager Attorney-in-Fact
Title Title
Local office/agent of Surety Company:
Name Parker,Smith&Feek Telephone(425)709-3600
Address 2233 112th Ave NE.Bellevue.WA 98004
Construction Contract Contract G Version 1 Page 16 of 17
• • UNITED FIRE&CASUALTY COMPANY,CEDAR RAPIDS,IA Inquiries: Surety Department
UNITED FIRE&INDEMNITY COMPANY,WEBSTER,TX 118 Second Ave SE
FINANCIAL PACIFIC INSURANCE COMPANY,LOS ANGELES,CA Cedar Rapids,IA 52401
INSUI7ANCE CERTIFI MCOPY OF POWER OF ATTORNEY
(original on file at Home Office of Company—See Certification)
KNOW ALL PERSONS BY THESE PRESENTS,That United Fire&Casualty Company,a corporation duly organized and existing tinder die laws
of the State of Iowa; United Fire& Indemnity Company, a corporation duly organized and existing wider the laws of the State of Texas; and
Financial Pacific insurance Company,a corporation duly organized and existing under the laws of the State of California(twin collectively called
the Companies),and having their corporate headquarters in Cedar Rapids,State of Iowa,does make,constitute and appoint
NICHOLAS FREDRICKSON, ANDREW KERSLAKE, GUY P. ARMFIELD, ROGER KALTENBACH, ELIZABETH R. HAHN, SCOTT
MCGILVRAY, ALEC GUMPFER, GREG LAGREID, DEANNA M. FRENCH, JANA M. ROY, KATELYN COOPER, RONALD J.
LANGE, SCOTT FISHER, SCOTT GARCIA, SUSAN B. LARSON, MINDEE L. RANKIN, FRANCIS WIRT, JOHN N. BUSTARD,
ROLAND R. EUGENIO, SHIRLEY J. PACE, LAUREN ZAKARIAN, REBECCA SARMIENTO, CHRIS LARSON, KYLE DOZIER,
ABBIE A. BONNEY, SANDY L. BOSWELL, JANIE MA, BRENDA S. NOLIN, SHARON POPE, JANTEANE BLYTON, ALEX
GIANNINI, EACH INDIVIDUALLY
their true and lawful Attorneys)-in-Fact with power mud authority hereby conferred to sign, seal and execute in its behalf all lawful bards,
undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $50,000,000.00
and to bind the Companies thereby as fully and to the some extent as if such instruments were signed by the duly authorized officers of the Companies
and all of the acts of said Attorney,pursuant to the authority hereby given and hereby ratified and confirmed.
The Authority hereby granted is continuous and shall remain in full force and effect until revoked by United Fire&Casualty Company,United Fire&
Indemnity Company,and Financial Pacific Insurance Company.
This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted by the Boards of Directors of United
1
Fire&Casualty Compaq,United Fire&Iademmnity Company,and Financial Pacific Insurance Company.
"Article VI—Surety Bonds and tIndertakbrgs"
Section 2,Appointment of Attorney-in-Fact. "The President or any vice President,or any other officer of the Companies may,from time to time,appoint by written
certificates attorneys-in-fact to act in behalf of the Companies in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature.
The signature of any officer atnhonycd hereby,and the Corporate seal,may he affixed by facsimile to any power of attorney or special power of attorney or certification of
either authorized hereby;such signature and seal,when so used,being adopted by the Companies as the original signature of such officer and the original seal of the
Companies,to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys-in-fact,subject to the limitations set of
forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seat
the Companies thereto. The Provident or any VietPresident,the Board of Directors or any other officer of the Companies may at any time revoke all power and authority
previously given to any attomey-in-fact.
IN WITNESS WHEREOF,the COMPANIES have each caused these presents to be signed by its
vice president and its corporate seal to be hereto affixed this 1 st day of Apr i 1 , 2024
MRMRATT s= ?: CnRMRArE Its. V-V UNITED FIRE&CASUALTY COMPANY
__ —•— ? <_ _ '�"Y UNITED FIRE&INDEMNITY COMPANY
1986
sEAe Sc•S =�yF•sit ' = 'c+ems'T� FINANCIAL PACIFIC INSURANCE COMPANY
°4, r
By:
State of Iowa,County of Lion,ss: Vice President
On 1st day of April , 2024, before me personally came Kyanna M. Saylor
to me known,who being by me duly sworn,did depose and say;that she resides in Cedar Rapids,State of Iowa;[hat she is a Vice President of United
Fire&Casualty Company,a Vice President of United Fire&Indemnity Company, and a Vice President of Financial Pacific Insurance Company the
corporations described in and which executed the above instrument; that she (mows the seal of said corporations; that the seal affixed to the said
instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that she signed her
name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations.
t Pates Waddell
Iowa Notarial Seal
• Commission number 713274 Notary Public
W commission Expires 1 0/2 612 02 5 My commission expires: 10/26/2025
I,Mary A.Bertsch,Assistant Secretary of United Fire&Casualty Company and Assistant Secretary of United Fire&indemnity Company,and Assistant
Secretary of Financial Pacific Insurance Company,do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and
the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney,with the ORIGINALS ON FILE IN THE
I HOME OFFICE OF SAID CORPORATIONS,and that the same are correct transcripts theaeof,and of the whole of the said originals,and that the said
I Power of Attorney has not been revoked and is now in full force and effect.
In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations
this day of �0
i 's
p,"`•o`'`eW'�ii��� `.a�`�wo[Yy;'�� a���\C IY$tre'wy
�
i ? coRrOtATL �.' �� coaroRArr.��s z_. 10[v 27 FQ O' BY: ` A 3V-' AA-
r� 5[AL SEA[ _ ='!vON`C' F.r+e Assistant Secretary,
OF&C&OF&I&FPIC
I
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i BPOA00491217
EXHIBIT E
CONTRACTOR'S DECLARATION OF OPTION FOR MANAGEMENT
OF STATUTORY RETAINED PERCENTAGE
A. I hereby elect to have the retained percentage of this Agreement 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 this Agreement 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 this Agreement 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 12/2/2024 Signed
Construction Contract Contract G Version 1 Page 17 of 17
RETAINAGE BOND
Bond No. 55230208
KNOW ALL MEN BY THESE PRESENTS, that Earthwork Solutions, LLC
as Principal authorized to do business in the State of Washington and
United Fire&Casualty Company
as Surety, a corporation organized and existing under the laws of the State of Iowa
and authorized to transact business in the State of Washington as Surety, are jointly and severally held
and bound unto County of Jefferson as Obligee in the penal sum of
Fifty-two Thousand Eight Hundred Forty-six&86/100
Dollars($ 52,846.86 ),which is
5%of the Principal's bid.
WHEREAS,on the day of the said
Principal, herein, executed a contract with the Obligee, for
Phase 4-Stage 2 On-site Grinder Pump Installation for the Port of Hadlock UGA,County Project No.40521270
WHEREAS, said contract and RCW 60.28 require the Obligee to withhold from the Principal the sum
of 5% from monies earned on estimates during the progress of the construction, hereinafter referred to as
earned retained funds.
AND NOW WHEREAS, Principal has requested that the Obligee not retain any earned retained funds
as allowed under RCW 60.28.
NOW, THEREFORE,the condition of this obligation is such that the Principal and Surety are held and
bound unto the beneficiaries of the trust fund created by RCW 60.28 in the penal sum of 5%of the final
contract cost which shall include any increases due to change orders, increases in quantities of work or
the addition of any new item of work. If the Principal shall use the earned retained funds,which will not be
retained,for the trust fund purposes of RCW 60.28, then this obligation shall be null and void; otherwise, it
shall remain in full force and effect. This bond and any proceeds therefrom shall be made subject to all claims
and liens and in the same manner and priority as set forth for retained percentages in RCW 60.28.
PROVIDED HOWEVER,that:
1. The liability of the Surety under this bond shall not exceed 5% of the total amount earned by the
Principal if no monies are retained by the Obligee on estimates during the progress of construction.
2. Any suit under this bond must be instituted within the time period provided by applicable law.
WITNESS our hands this 4th day of December , 20 2024
AFC&C0.RPOR%,1-
Ekc o
i SFwI _
J�ary 2.1016
eY�RRAP'S,
United Fire&Casualty Company Earthwork Solutions, LLC
Sur Princi
11 11A A 4, Ilk , OA6.-- By:
Attorney-in-Fact Elizabeth R. Hahn
Parker, Smith&Feek
2233 112t'Ave NE, Bellevue, WA 98004 Josh Frizzell,General Manager
Name and Address of Local Agent
UNITED FIRE&CASUALTY COMPANY,CEDAR RAPIDS,IA Inquiries: Surely Department
Uilge
UNITED FIRE&INDEMNITY COMPANY,WEBSTER,TX 118 Second Ave SE
FINANCIAL PACIFIC INSURANCE COMPANY,LOS ANGELES,CA Cedar Rapids,IA 52401
CERTIFI ED COPY OF POWER OF ATTORNEY
INSURANC. (original on file at,Home Office of Company—See Certification)
KNOW ALL PERSONS BY THESE PRESENTS.That United Fine&Casualty Company,a corporation duly organized and existing under the laws
of the State of Iowa; United Fire& Indemnity Company, a corporation duly organized and existing under the laws of the State of Texas; and
Financial Pacific Insurance Company.a corporation duly organized and existing tinder the laws of the State of California(herein collectively called
the Companies),and having their corporate headquarters in Cedar Rapids,State of Iowa,does make,constitute and appoint
NICHOLAS FREDRICKSON, ANDREW KERSLAKE, GUY P. ARMFIELD, ROGER KALTENBACH, ELIZABETH R. HAHN, SCOTT
MCGILVRAY, ALEC GUMPFER, GREG LAGREID, DEANNA M. FRENCH, JANA M. ROY, KATELYN COOPER, RONALD J.
i LANGE, SCOTT FISHER, SCOTT GARCIA, SUSAN B. LARSON, MINDEE L. RANKIN, FRANCIS WIRT, JOHN N. BUSTARD,
ROLAND R. EUGENIC, SHIRLEY J. PACE, LAUREN ZAKARIAN, REBECCA SARMIENTO, CHRIS LARSON, KYLE DOZIER,
ABBIE A. BONNEY, SANDY L. BOSWELL, JANIE MA, BRENDA S. NOLIN, SHARON POPE, JANTEANE BLYTON, ALEX
GIANNINI, EACH INDIVIDUALLY
their true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds,
undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $50.000.000.00
and to bind the Companies thereby as fully and to the saute extent as if such instruments were signed by the duly authorized officers of the Companies
and all of the acts of said Attorney,pursuant to the authority hereby given and hereby ratified and confirmed.
The Authority hereby granted is continuous and shall remain in full force and effect until revoked by United Fire&Casualty Company,United Fire&
indemnity Company,and Financial Pacific Insurance Company.
This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted by the Boards of Directors of United
Fire&Casualty Company,United Fire&Indemnity Company,and Financial Pacific Insurance Company.
j "Article V 1—Surety Bonds and ltadertakiop"
j Section 2,Appointment of Anomey-in-Fact. "The President or any Vice President,or any other officer of the Companies may,from time to time, appoint by written
certificates attorneys-in-fact to act in behalf of the Companies in the execution of policies of insuranty.bonds,undertakings and other obligatory instruments of like nature.
The signature of any officer authorimed hereby,and the Corporate-cal,may be affixed by facsimile to any power of atiorrncy or special power of attornry or cenifacaticm of
either authorized hereby;such signature and seal,when so used,being adopted by the Companies as the original signature of such officer and the original seat of the
Companies,to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attomeys-in-tact,subject to the limitations set of
forth in their respective cenitcates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to snach the seal
the Companion thereto. The President or any Vice President,the hoard of Director-or any other officer of the Companies may at am time revoke all power and authority
previously given to any attomey-in-fact.
IN WITNESS WHEREOF,the COMPANIES have each caused these presents to be signed by its
0"i`.W4 # �"" vice president and its corporate seal to be hereto affixed this 1 st day of Apr 1 1, 2024
Q CfIRMRATF iz ° CnRmRATI gg ��at' "o.g UNITED FIRE&CASUALTY COMPANY
e := a g 'ULY € UNITED FIRE&INDEMNITY COMPANY j
FINANCIAL PACIFIC INSURANCE COMPANY
'��;RAI'Na»\"``` '`'��%If/111»�„```` •,,/�4nINW NIaR1p
I By.
State of Iowa,County of Linn,ss: Vice President
i
On 1st day of April, 2024, before me personally came Kyanna M. Saylor
to me known,who being by me duly swots,did depose and say;that she resides in Cedar Rapids,State of Iowa;that she is a Vice President of United
Fire&Casualty Company,a Vice President of United Fire&indemnity Company, and a Vice President of Financial Pacific Insurance Company the
corporations described in and which executed the above instrument; that she knows the seal of said corporations; that the seat affixed to the said
instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that she signed her
f name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations.
Patti Waddell ,
Iowa Notarial Seal f f?
Commission number 713274 � v" Notary Public
�,. My Commission Expires 10/26/2025 My commission expires: 10/26/2025
1,Mary A.Bertsch,Assistant Secretary of united Fire&Casualty Company and Assistant Secretary of United Fire&indemnity Company,mid Assistant
Secretary of Financial Pack insurmice Company,do hereby certify that 1 have compared the foregoing copy of the Power of Attorney and affidavit,and
the copy of the Section of die bylaws and resolutions of said Corporations as set forth in said Power of Attorney,with the ORIGINALS ON FILE IN THE
HOME OFFICE OF SAID CORPORATIONS,and that the same are correct transcripts thereof;ail of the whole of the said originals,and that the said
j Power of Attorney has not been revoked and is now,in full force and effect.
In testimony whereof i have hereunto subscribed my name and affixed the corporate seal of the said Corporations
this` day of ,20
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Exhibit F
WASHINGTON STATE DEPARTMENT OF ECOLOGY
WATER POLLUTION CONTROL REVOLVING FUND
DEPARTMENT OF SPECIFICATIONS INSERT
ECOLOGY Revised 1/22/21
State of Washington
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.
SRF Specification Insert
Phase 4—Stage 2 On-site Grinder Pump Installation
Exhibit F
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:
SRF Specification Insert
Phase 4—Stage 2 On-site Grinder Pump Installation
Exhibit F
(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
(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.Pov.
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.
SRF Specification Insert
Phase 4—Stage 2 On-site Grinder Pump Installation
Exhibit F
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 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 hq://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
SRF Specification Insert
Phase 4—Stage 2 On-site Grinder Pump Installation
Exhibit F
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 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.
SRF Specification Insert
Phase 4—Stage 2 On-site Grinder Pump Installation
Exhibit F
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:
hgps://ecology.wa.gov/About-us/How-we-operate/Grants-loans/Find-a-grant-or-loan/Water-
Quality-grants-and-loans/Faci lity-proj ect-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).
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.
SRF Specification Insert
Phase 4—Stage 2 On-site Grinder Pump Installation
Exhibit F
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 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
SRF Specification Insert
Phase 4—Stage 2 On-site Grinder Pump Installation
Exhibit F
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 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 constuction
SRF Specification Insert
Phase 4—Stage 2 On-site Grinder Pump Installation
Exhibit F
contract shall apply the minority and female goals established for the geographical area
where the work is being performed. Goals are published periodically in theFederal
Registerin 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.
e. Develop on-the-job training opportunities and/or participate in training programs for
the area which expressly include minorities and women, including upgrading
SRF Specification Insert
Phase 4—Stage 2 On-site Grinder Pump Installation
Exhibit F
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 newpaper, 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.
in. 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
SRF Specification Insert
Phase 4—Stage 2 On-site Grinder Pump Installation
Exhibit F
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 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
SRF Specification Insert
Phase 4—Stage 2 On-site Grinder Pump Installation
Exhibit F
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).
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-I". Instructions on how to file are
available on the EEOC's website at http://www.eeoc.gov/employers/eeo v�ployers/eeo 1 survey/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
SRF Specification Insert
Phase 4—Stage 2 On-site Grinder Pump Installation
Exhibit F
ATTACHMENT I - WAGE RATE REOUIREMENTS 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.
SRF Specification Insert
Phase 4—Stage 2 On-site Grinder Pump Installation
Exhibit F
(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.
SRF Specification Insert
Phase 4—Stage 2 On-site Grinder Pump Installation
Exhibit F
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
SRF Specification Insert
Phase 4—Stage 2 On-site Grinder Pump Installation
Exhibit F
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
SRF Specification Insert
Phase 4—Stage 2 On-site Grinder Pump Installation
Exhibit F
Form WH-347 is available for this purpose from the Wage and Hour Division Web site at
hLtp://www.dol.gov/whd/proprams/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--
SRF Specification Insert
Phase 4—Stage 2 On-site Grinder Pump Installation
Exhibit F
(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
SRF Specification Insert
Phase 4—Stage 2 On-site Grinder Pump Installation
Exhibit F
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.
SRF Specification Insert
Phase 4—Stage 2 On-site Grinder Pump Installation
Exhibit F
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.
5. Compliance Verification
SRF Specification Insert
Phase 4—Stage 2 On-site Grinder Pump Installation
Exhibit F
(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
hqp://www.dol.gov/whd/america2.htm.
SRF Specification Insert
Phase 4—Stage 2 On-site Grinder Pump Installation
Exhibit F
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.
SRF Specification Insert
Phase 4—Stage 2 On-site Grinder Pump Installation
Exhibit F
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SRF Specification Insert
Phase 4—Stage 2 On-site Grinder Pump Installation
Exhibit F
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.
12/2/2024
Signature Date
JOSH FRIZZELL,GOVERNOR
Name and title of signer(please type)
SRF Specification Insert
Phase 4—Stage 2 On-site Grinder Pump Installation
Exhibit F
[THIS FORM SHALL BE COMPLETED IN FULL AND SUBMITTED WITH THE BID
PROPOSAL]
SRF Specification Insert
Phase 4—Stage 2 On-site Grinder Pump Installation
Exhibit F
ATTACHMENT 4
NOTICE TO LABOR UNIONS OR OTHER ORGANIZATION OF
WORKERS: NON-DISCRIMINATION IN EMPLOYMENT
TO: Earthwork Solutions, LLC and Local 302 Union Operator
(name of union or organization of worker)
The undersigned currently holds contract(s)with Earthwork Solutions, LLC
(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.
Josh Frizzell
General Manager
Earthwork Solutions, LLC
(contractor or subcontractor(s)
12/2/2024
(Date)
SRF Specification Insert
Phase 4—Stage 2 On-site Grinder Pump Installation