2011/12/28 Council Agenda Packet

1 of Washington (RCW)27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and Washington Administrative Code(WAC)25-48 regarding Archaeological Excavation and Removal Permits. 1.16. FEDERAL AND STATE REQUIREMENTS The Contractor assures 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, including but not limited to those listed in Attachments.III,.IV and V. 1.17. COMPETITIVE BIDDING REQUIREMENTS Pursuant to 40 CFR, Section 33.501(b) and (c), the Contractor also agrees to create and maintain a bidders list for both Disadvantaged.Business Enterprises (DBE)and Non-Disadvantaged Business Enterprises (non-DBE). The purpose of a bidders list is to provide the recipient and entities receiving identified loans who conduct competitive bidding with as accurate a database as possible about the universe of DBE,and non-DBE prime and subcontractors. The list mu'st.include all firms that bid or quote on prime contracts, or bid or quote subcontracts on Environmental Protection Agency assisted projects, including both DBE and non-DBE. The_bidders list must only be kept until the grant project period has expired and the recipient is no longer receiving Environmental Protection Agency funding under the grant. • For entities receiving identified loans, the bidders list must only be kept until the project period for the identified loan has ended. The following information must be obtained from all prime and subcontractors: entity's name with point of contact; entity's mailing address, telephone number, and e-mail address; the • procurement on which the entity bid or quoted, and when; and entity's status as a DBE or non-DBE. The Contractor agrees to provide Environmental Protection Agency Form 6100-2 DBE Subcontractor ' Participation and Environmental Protection Agency Form 6100-3 DBE Subcontractor Performance to all its Disadvantaged Business Enterprise subcontractors. The Contractor shall require Disadvantaged Business Enterprise provisions are contained in all contracts • with any subcontractors for work or services related to Attachment I: Scope of Work. The Contractor shall comply with the provisions of RCW 43.155.060 regarding competitive bidding requirements for projects assisted in whole or in part with money from the Drinking Water State Revolving Fund program. 1.18. ELIGIBLE PROJECT COSTS The Contractor assures compliance with Attachment VI: DWSRF Eligible Project Costs, which identifies eligible costs for projects funded by Drinking Water State Revolving Fund loans. 1.19. PREVAILING WAGE These terms supersede the terms in Section 2.31. Prevailing Wage Laws in General Terms and Conditions. • All contractors and subcontractors performing work on a construction project funded through this Contract shall comply with prevailing wage laws by paying the higher of state or federal prevailing wages according to: " State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the Project funded by this contract, including but not limited to the filing of the"Statement of Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid" as required by RCW 39.12.040. The Contractor shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available for Board's review upon request; or The Davis Bacon Act, 40 U.S.C. 276a-276a-5 and related federal acts provide that all laborers and . mechanics employed by contractors or subcontractors in the performance shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor. City of Everett Paged,' Contract Terms and Conditions DM11-952-011 12/15/ T1 DWSRF NT Loan Contract(Municipal)