04.11.25 - Request for Electrician Quotes R22009.pdf

REQUEST FOR QUOTES (RFQ)

WATER TREATMENT CAPACITY UPGRADES PROJECT

ELECTRICAL UPGRADES

PR#R22009

GLIDE WATER ASSOCIATION

PO BOX 384

GLIDE OR 97443

04/11/25

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INTRODUCTION

This Request for Quotes (RFQ) is to invite prospective Electricians to submit a proposal to provide services for Glide

Water Association’s Water Treatment Capacity Upgrades Electrical Service Upgrade Project.

This document describes the Request for Quotes (RFQ) from Glide Water Association. Electricians that would like to submit a proposal to Glide Water Association can do so by email or mail to the following addresses below.

Email: glidewaterassociation@gmail.com

Mailing Address: Glide Water Association

Po Box 384

Glide, OR 97443

BACKGROUND

Glide Water Association is a 501(c) 12 Non-Profit Co-Operation that resides in the unincorporated town of Glide, Oregon. Since November of 1963 Glide Water Association has provided drinking water to the residents and businesses of Glide proper. Currently there are 545 service connections on our small water system with 6 reservoirs that have a combined storage capacity of 472,000 gallons.

Glide Water Association’s treatment plant has a 175 gallons-per-minute (GPM) Roberts Rapid Sand Filter that was installed in 1998. Our surface water intake pump station is located 0.3 miles north of the treatment plant on The North

Umpqua River. The intake pump station consists of a concrete pipe submerged in the channel of The North Umpqua

River that feeds a well, located in the riparian area, housing two 7.5 HP submersible pumps that alternate pumping raw water to the treatment plant.

Currently GWA is working to complete a water treatment capacity upgrades project that would increase our current treatment capacity from 175 GPM to 350 GPM. The project includes installing a replica treatment train and retrofitting it inside our current building. The filters would work in tandem or alternate depending on demand. Upgrades would also be made to our pumps located at our intake and clearwell for an increased production flow of 350 GPM.

Pacific Power has approved for Glide Water Association to upgrade its electrical service and we are requesting proposals from Electricians to complete the upgrades.

GLIDE WATER ASSOCIATION CONTACT

All communications, including any requests for clarification, concerning this RFP should be addressed in writing to the following:

Katy Wright

General Manager glidewaterassociation@gmail.com mailto:glidewaterassociation@gmail.com

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SOLICITATION KEY DATES AND TIMELINE

RFP Activity Dates RFQ Released April 11, 2025

Questions Due by Bidders April 24, 2025

Response to Questions Posted April 30, 2025

Quotes Due Date May 9, 2025

Glide Water Association Board of Directors Review of Quotes

May 9, 2025

Target Award Notice May 9, 2025

Target Meeting with Electrician and Engineering Firm to Commence Work

May 13, 2025

SCOPE OF WORK

Glide Water Association is requesting Electricians to submit quotes to complete electrical service upgrades in coordination with Pacific Power for Glide Water Association’s Water Treatment Plant located at 351 Bobcat Lane in

Glide Oregon.

Electrical and excavation services for the project are sought by an Electrician. Such services include:

• Conducting assessments of existing power supply needs and new power supply needs for the water treatment capacity upgrades project.

• Evaluation of site plans to determine best power supply upgrade installation locations for current operations and for the new water treatment capacity upgrades.

• Working with Pacific Power to install a fully functional power meter base at the WTP and working with Pacific

Power to transfer from current service power meter to new upgraded power meter service.

• Excavate electrical trench(es) around existing underground utilities for the new power conduit line from Pacific

Powers power pole to the new power meter location.

• Plan proper phasing for an efficient and timely transition of power service from old power meter to new power meter so that the WTP is not without power for more than 8 hours.

• The new power meter and all other electrical equipment necessary for this service upgrade shall supply the manufacturer’s recommended power to all of GWA’s current equipment and new equipment in the water treatment capacity upgrades project.

PRE-DESIGN EVALUATION

Consult with Glide Water Association, Civil West Engineering, and other necessary government agencies, utilities, organizations, and persons in order to ascertain project requirements and review the proposal prepared by Glide Water

Association, recommending any necessary revisions.

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COST ESTIMATING/ CONDITION SURVEY AND REPORT

Investigate, analyze, and measure the existing facilities to the extent necessary to determine the information necessary for project work. Review existing water system power supply, analyze building electrical components, and evaluate new power system supply needed for the water treatment capacity upgrades project.

Prepare construction cost estimates for the installation of electrical upgrades for Pacific Power service to Glide Water

Association’s Water Treatment Plant and ensuring the full operation of all electrical equipment after upgrading electrical service.

• Excavation for electrical wiring and conduit from Pacific Power’s power pole to new power meter location

• Installing electrical wiring and conduit to the location of the new power meter location

• Installing a new power meter

• Coordination with Pacific Power to hook-up new power service to new power meter

• Connecting GWA’s existing electrical equipment into the new power meter and ensuring its full operation

• Allow the necessary connections, equipment, and all other items needed for the water treatment capacity upgrades project

CONSTRUCTION ADMINISTRATION

Upon receipt of written notification to proceed, a pre-construction meeting will be held to provide information and data necessary for the Electrician to prepare schematic drawings to show projects design and implementation. Such as schematics for new power meter installation location at existing water treatment plant, locations of all necessary components, an electrical wiring diagram showing power connections between panels and cabinets, and submittals for the electrical equipment and components (i.e. circuit breakers, cabinets, conduit, etc.) to bring all proposed elements to full operation. All drawings, submittals, and other necessary documents to be submitted toCivil West Engineering and

Glide Water Association for approval.

• Observe that all necessary permits and licenses must been obtained prior to work commencement.

• Discussion and decision for the manner in which the construction will be administered, the scheduling of the construction, and any and all other issues or questions which in the opinion of the Engineering Firm, Pacific Power, or Glide Water Association must be settled before the start of construction.

• Make visits to the job sites for the purpose of clarifying or interpreting any phase of the work and monitoring job progress, where necessary and/or requested. Attend on-the-job field meetings (at a frequency dictated by the project) to review procedures, progress, scheduling, contractor compliance and other issues.

• Prepare a list of all permits, licenses, review, and approvals as required.

PROPOSAL SUBMITTAL INSTRUCTIONS

a) Letter of Transmittal

A letter of transmittal briefly outlining the firm’s understanding of the work and general information regarding the firm and individuals to be involved. The letter shall include a clear statement from Proposer that this offer is binding and shall remain open for 120 days from the due date of this RFP and acknowledges that its proposal cannot be withdrawn within that time without written consent of Glide Water Association.

b) Profile of Firm Providing Quote State whether the firm is local or national and include a brief description of the size of the firm. State whether the proposer is a qualified small or minority-owned business or women’s business enterprise. State whether the firm is in compliance with the registration and permit requirements to do business in Oregon.

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c) Qualifications

Describe recent experience with similar engagements to which the proposal relates. Briefly describe the firm’s system of quality control to ensure the work meets a high-quality standard.

d) Scope of Services

Briefly describe the firm’s understanding of the scope of services to be provided.

e) Fees and Compensation

Provide the following information as relevant to the fee proposal:

• Estimated cost for each phase of the project: New installation for fully operational functioning new power meter for Water Treatment Plant, Excavation for new conduit and electrical wiring from Pacific Power power pole, and

Electrical wiring connecting existing electrical equipment to new power meter.

• Cost of additional related services if requested by Glide Water Association and offered by Electrician but not contemplated in this Request for Proposals.

If the fee is proposed under a different methodology (e.g., a fixed price for all services) please provide a basis for the proposed fee.

f) Any exceptions to the requirements of this RFQ shall be noted in the proposal. Glide Water Association shall have no obligation to accept any exceptions and may reject any proposal noting exceptions to its RFQ requirements.

EVALUATION CRITERIA

Each Electricians quote will be evaluated by the Glide Water Association’s Board of Directors. The Board of Directors will rank each quote. Glide Water Association has the right to reject any and/or all proposers.

REVIEW PROCCESS

Glide Water Association may, at its discretion, request interviews/presentations by or a meeting with any or all electricians, to clarify or negotiate modifications to the electrician’s quote. However, Glide Water Association reserves the right to make an award without further discussion of the quotes submitted. Glide Water Association’s Board of

Directors will review and discuss each quote and choose which quote to award.

NOTICE TO ELECTRICIAN(S)

The contract, if any, shall be awarded to the responsible Electrician whose quote is most advantageous to Glide Water

Association. Glide Water Association’s Board of Directors will evaluate the responses, qualifications, and cost. If selected, the successful Electrician will enter into a written agreement with Glide Water Association.

USE OF SEPARATE CONSULTANTS/CONTRACTORS & SUBCONSULTANTS FOR PORTIONS OF SERVICES

Glide Water Association reserves the right to review, approve, and/or reject any proposed subconsultants and/or subcontractors proposed by any proposer if deemed to be in the best interest of Glide Water Association. Proposers acknowledge that if Glide Water Association elects to award any such separate or independent contract the successful proposer shall coordinate its work with such separate contractors as directed by Glide Water Association.

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COMPLIANCE WITH LAWS

Any Electrician must affirmatively agree and certify that it will comply with all applicable federal, state, and local laws and regulations within the State of Oregon.

WRITTEN QUESTIONS AND ADDENDA

Written questions or comments regarding this RFQ must be in writing and received no later than April 24, 2025.

Questions should be emailed to the General Manager at glidewaterassociation@gmail.com. All questions will be responded to via email. Electrician(s) invited to submit quotes understand and agree that they have an affirmative duty to inquire and seek clarification regarding anything in this RFQ that is unclear or open to more than one interpretation.

Glide Water Association reserves the right in its sole discretion to revise amend this RFQ prior to the stated submittal deadline. Any such revisions will be made by written addenda to this RFQ. Electricians are responsible for verifying that have received, and all shall acknowledge receipt of, all addenda issued by Glide Water Association relating to this RFQ.

SUBMISSION

Electronic copies of responses must be received by May 9, 2025. Any response received after this date may be returned or not considered. Responses should be submitted electronically to the General Manager at glidewaterassociation@gmail.com. If Electricians wish to also submit a hard copy of the quote, it needs to be sent to

Po Box 384 Glide, OR 97443. Submission of proposal shall constitute the Electrician’s representation that it:

• Has thoroughly examined and become familiar with the scope of work set forth in this RFQ;

• Understands the requirements of the scope of work, the nature of the work and all other matters that may affect the work;

• Will honor its proposal for no less than 90 days after the submission date as stated in this RFQ

• Will comply with all requirements set forth in this RFQ, and in the ensuing contract, if any.

GENERAL PROVISIONS

A. AMENDMENTS TO THE RFQ: Glide Water Association reserves the right to amend the RFQ or issue to all Respondents a Notice of Amendments to answer questions for clarification.

B. NO COMMITMENT TO AWARD: Issuance of this RFQ and receipt of proposals does not commit Glide Water

Association to award a contract. Glide Water Association expressly reserves the right to postpone the RFQ process for its own convenience, to accept or reject any or all proposals received in response to this RFQ, to negotiate with more than one Respondent concurrently, or to cancel all or part of this RFQ.

C. AMENDMENTS TO QUOTES: No Amendment, addendum or modification will be accepted after the deadline stated herein for receiving quotes. Respondent may modify or amend its quote only if Glide Water Association receives the amendment prior to the deadline stated herein for receiving quotes.

D. NON-RESPONSIVE QUOTES: A quote may be considered non-responsive if conditional, incomplete, or if it contains alterations of form, additions not called for, or other irregularities that may constitute a material change to the quote.

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E. LATE QUOTES: Glide Water Association will not be responsible for quotes that are delinquent, lost, or incorrectly marked, sent to an address other than that given herein, or sent by mail or courier service and not signed for or acknowledged by Glide Water Association.

F. COSTS FOR PREPARING: Glide Water Association will not compensate any Respondent for the cost of preparing any quote, and all materials submitted with a quote shall become the property of Glide Water Association. Glide Water

Association will retain all quotes submitted and may use any idea in a quote regardless of whether the quote is selected.

G. PUBLIC DOCUMENTS: All quotes and all evaluations shall be available for public inspection at the conclusion of the selection process.

BOLI and DAVIS BACON

Contractors must comply with and adhere to Oregon State laws and statues related to Oregon Bureau of Labor and

Industries Prevailing Wage Rates for Public Works Contracts including compliance to the Davis-Bacon Act. Please see

Attachment A for current Davis-Bacon rates.

REQUIRED CONTRACT CLAUSES

Termination for Cause and for Convenience & Breach of Contract (language to be included in all construction contracts and subcontracts in excess of $10,000:)

“Contractor shall address termination for cause and for convenience, including the manner by which it will be effected and the basis for settlement. In addition, contractor shall address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.”

Equal Employment Opportunity (language to be included in all construction contracts and subcontracts in excess of $10,000:)

“Contractor shall comply with Executive Order 11246 of September 24, 1965, entitled ‘‘Equal Employment Opportunity,’’ as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60).”

Procurement of Recovered Materials (language to be included in all construction contracts and subcontracts in excess of $10,000:)

“Contractor must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, including procurement of recovered materials in a manner designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247.”

Whistleblower (language to be included in all construction contracts and subcontracts)

“Contractor receiving SDWRLF funds shall under or through this contract to, post notice of the rights and remedies provided to whistleblowers under No Fear Act Pub. L. 107-174. 29 CFR § 1614.703 (d).”

Source of Funds (language to be included in all construction contracts and subcontracts) “Work under this contract is funded by the federal Safe Drinking Water Revolving Loan Fund through Business Oregon and a partnership of Local and/or Private Funds. “

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Suspension and Debarment (language to be included in all construction contracts and subcontracts)

“Contractor certifies that it is not debarred or suspended or is otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, ‘‘Debarment and Suspension”, and shall not contract or permit any subcontract at any level with any party similarly excluded or ineligible. A list of excluded parties is available in the System for Award Management (SAM) at www.sam.gov, under “search records”.”

• Copeland “Anti-Kickback” Act (language to be included in all construction contracts and subcontracts)

“Contractor shall comply with the Copeland “Anti-Kickback” Act (18 U.S.C. 847) as supplemented in Department of Labor regulations (29 CFR part 3).”

• Intellectual Property (language to be included in all construction contracts and subcontracts:)

“Contractor hereby grants to the U.S. E.P.A. a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government purposes, any intellectual property developed under this contract. Contractor shall secure from third parties the same license in the name of the U.S. E.P.A. regarding any intellectual property developed by third parties as subcontractors under this contract, or developed under contract with the Contractor specifically to fulfill Contractor’s obligations related to this contract.”

• Inspections; Information (language to be included in all construction contracts and subcontracts:)

“Contractor shall permit, and cause its subcontractors to allow Glide Water Association, the State of Oregon, the federal government and any party designated by them to:

• Examine, visit and inspect, at any and all reasonable times, the property, if any, constituting the Project.

• Inspect and make copies of any accounts, books and records, including, without limitation, its records regarding receipts, disbursement, contracts, and any other matters relating to the Project, and to its financial standing, and shall supply such reports and information as reasonably requested.

• Interview any officer or employee of the Contractor, or its subcontractors, regarding the Project.

Contractor shall retain all records related to the Project for three years after final payments are made and any pending matters are closed.

• Disadvantaged Business Enterprises (language to be included in all construction contracts and subcontracts:)

Recipient will implement the good faith efforts for solicitation and contracting with Disadvantaged Business Enterprises (“DBE”) described in Appendix B of the Safe Drinking Water Handbook. This applies to all solicitation and contracting for construction, equipment, supplies, engineering or other services that constitute the Project financed by this Contract.

Recipient will maintain documentation in a Project file on Disadvantaged Business Enterprises. Recipient will maintain documentation in a Project file and submit required forms, as described in Appendix B of the Safe Drinking Water Handbook. Recipient will ensure that all prime contractors and subcontractors implement the good faith efforts for solicitation and contracting, and comply with all DBE procurement forms, statements, and reporting requirements.

Recipient will ensure that each procurement contract (prime plus all subcontractor contracts) includes the following term and condition:

“The contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies.”

Recipient will ensure that all prime contractors and subcontractors implement the good faith efforts for solicitation and contracting, and comply with all DBE procurement forms, statements, and reporting requirements.

http://www.sam.gov/

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(Include the following forms, found in the Business Oregon Preconstruction Packet:)

• DBE Six Good Faith Efforts and Form

• Prohibition on Certain Telecommunication and Video Surveillance Services or Equipment

(language to be included in all construction contracts and subcontracts:)

“As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending loan or grant funds to procure or obtain; extend or renew a contract to procure or obtain; or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment, video surveillance services or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

Prohibitions extend to the use of Federal funds by recipients and subrecipients to enter into a contract with an entity that “uses any equipment, system, or service that uses covered telecommunications equipment or services” as a substantial or essential component of any system, or as critical technology as part of any system. Certain equipment, systems, or services, including equipment, systems, or services produced or provided by entities subject to the prohibition are recorded in the System for Award Management exclusion list.”

• American Iron Steel

(language to be included in all construction contracts and subcontracts:)

The Contractor acknowledges to and for the benefit of the [insert name of water system Owner] (“Purchaser”) and the State of Oregon (the “State”) that it understands the goods and services under this Agreement are being funded with monies made available by the Drinking Water State Revolving Fund that have statutory requirements commonly known as “American Iron and Steel;” that requires all of the iron and steel products used in the project to be produced in the United States (“American Iron and Steel Requirement”) including iron and steel products provided by the Contactor pursuant to this Agreement. The Contractor hereby represents and warrants to and for the benefit of the Purchaser and the State that (a) the Contractor has reviewed and understands the American Iron and Steel Requirement, (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 Requirement, unless a waiver of the requirement 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 Requirement, as may be requested by the Purchaser or the State. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Purchaser or State to recover as damages against the Contractor any loss, expense, or cost (including without limitation attorney’s fees) incurred by the Purchaser 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 Purchaser). While the Contractor has no direct contractual privity with the State, as a lender to the Purchaser for the funding of its project, the Purchaser and the Contractor agree that the State is a third-party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the State.

• Federal Labor Standards

(language to be included in all construction contracts and subcontracts.)

https://www.ecfr.gov/cgi-bin/text-idx?SID=2312b40f5181614169488e0699a25e61&mc=true&node=se2.1.200_1216&rgn=div8 https://www.congress.gov/115/plaws/publ232/PLAW-115publ232.pdf https://sam.gov/SAM/

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NOTE: Oregon Bureau of Labor and Industries (BOLI) prevailing wage requirements apply to public entities for projects over $50,000 and private entities for projects that utilize more than $750,000 of public funds.

Prevailing Wage Requirements.

“Construction projects assisted in whole or in part with the Safe Drinking Water Revolving Loan Fund Program (SDWRLF) must be carried out in compliance with Federal Davis Bacon and Related Acts and the Oregon Bureau of Labor and Industries (BOLI) requirements. Contractor shall pay each worker employed in the performance of this contract not less than the higher of the wage rate for the type of work being performed as set forth in either the Oregon Prevailing Wage “Prevailing Wage Rate for Public Works Contracts in Oregon” (if applicable) or the applicable federal Davis-Bacon Wage Decision. Contractor shall download a U.S. Department of Labor Employee Fair Compensation Notice and post it at the work site along with a list of locally prevailing wage rates. Contractor shall prepare and submit weekly Certified Payroll Reports on forms to be supplied by Business Oregon. Contractor shall permit access to construction site in order to conduct on-site interviews with workers during working hours.”

(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.

Sub recipients may obtain wage determinations from the U.S. Department of Labor’s web site, www.dol.gov.

(ii)(A) The sub recipient(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 sub recipient(s) agree on the classification and wage rate (including the amount designated for

Glide Water Association – PR#R22009 Request for Quotes - Page 11 of 19 fringe benefits where appropriate), documentation of the action taken and the request, including the local wage determination shall be sent by the sub recipient (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 sub recipient(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 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 sub recipient(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

Glide Water Association – PR#R22009 Request for Quotes - Page 12 of 19 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 sub recipient, 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 sub recipient 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 Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/whd/forms/wh347instr.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 sub recipient(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 sub recipient(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

Glide Water Association – PR#R22009 Request for Quotes - Page 13 of 19 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

(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 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.

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(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 sub recipient(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.

Additional Clauses for Contracts greater than 100,000 Construction contracts and subcontracts greater than 100,000 must include all clauses listed above in addition to the clauses listed below

• Federal Labor Standards

4. Contract Provision for Contracts in Excess of $100,000.

(a) Contract Work Hours and Safety Standards Act. The sub recipient 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. 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.

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(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…