CITY OF SUMNER

CONTRACT DOCUMENTS

SENIOR CENTER PARTITIONS DECEMBER 2025

City of Sumner

Pierce County, Washington

CONTRACT PROVISIONS

for

Sumner Senior Center Partitions (City of Sumner CIP 25-12)

TABLE OF CONTENTS

PART I - LEGAL DOCUMENTS

CALL FOR BIDS

BIDDER’S CHECKLIST

PROPOSAL – SIGNATURE PAGE

PROPOSAL.......................................................................................................................................................9-10

SUBCONTRACTOR LIST

PROPOSAL BOND

CERTIFICATE AS TO ENTITY PRINCIPAL

CERTIFICATE AS TO ENTITY SEAL

NON-COLLUSION DECLARATION

CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUS

CONTRACT SAMPLE

PERFORMANCE AND PAYMENT BOND

CERTIFICATE OF INSURANCE SAMPLE

STATEMENT OF INTENT TO PAY PREVAILING WAGES

STATEMENT OF INTENT TO PAY PREVAILING WAGES (SAMPLE FORM)

AFFIDAVIT OF WAGES PAID (SAMPLE FORM)

REQUEST FOR RELEASE

PART II – SPECIAL PROVISIONS

DIVISION 1 – GENERAL REQUIREMENTS

Minor Changes………………………………………………………………………………………………………………………. 40 Insurance ................................................................................................................................ 40-43 Liquidated Damages………………………………………………………………………………………………………………43-44

DIVISION 8 – MISCELLANEOUS CONSTRUCTION

Partition Replacement

Description of Work

Materials

Measure and Payment

PART III – APPENDICES

APPENDIX A - WASHINGTON STATE PREVAILING WAGE RATES

APPENDIX B – CONTRACT DRAWINGS – FLOOR PLAN

PART I - LEGAL DOCUMENTS

CALL FOR BIDS

SUMNER SENIOR CENTER PARTITIONS

(CIP 25-12)

The City of Sumner will accept Sealed Bids at the Permit Center counter located on the second floor of Sumner City Hall, 1104 Maple Street, Sumner, WA 98390, until 1:00 p.m.

Wednesday, January 28, 2026 (Bid Opening Date) as displayed at https://www.time.gov/. If a Bidder chooses to submit a sealed bid before the Bid Opening Date, the Bidder shall call to schedule an appointment to deliver their bid. A staff member will be present at the Permit Center counter on the Bid Opening Date to receive sealed bids between 11:00 a.m. and 1:00 p.m. Just after 1:00 p.m. on the Bid Opening Date, bids will be formally opened and publicly read aloud in the City Council Chambers, located on the first floor of Sumner City Hall. Bids received after the Bid Opening Date will be deemed non-responsive.

The City of Sumner reserves the right to waive informalities in the bidding, accept a bid proposal of the lowest responsible and responsive bidder (Successful Bidder), reject any or all Bids, republish the Call for Bids, revise or cancel the scope of work, or require the work to be done in another way if doing so is in the best interest of the City.

All submitted bids shall be accompanied by a bid proposal deposit (certified or cashier’s check or approved bond) payable to the City of Sumner in an amount not less than five percent (5%) of the amount of the proposal price. Should the Successful Bidder fail to enter into a contract with the City and furnish a satisfactory performance bond within the time stated in the specifications, the bid proposal deposit shall be forfeited to the City of Sumner.

The City of Sumner, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

The Successful Bidder will be required to conform to the wage requirements prescribed by the federal Davis-Bacon and Related 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 $2,000 pay their laborers and mechanics not less than the prevailing wage rates and fringe benefits, as determined by the Secretary of Labor, for corresponding classes of laborers and mechanics employed on similar projects in the area.

Plans, Specifications, and addenda for this project may be viewed online at the MRSC Roster Bonfire electronic bidding portal at:

https://mrscrosters.bonfirehub.com/portal/?tab=openOpportunites.

Free vendor registration is required to use this platform. It is the Bidder’s responsibility to check for addenda and other new documents online.

The public work for which bids are being accepted is described as follows:

Provide complete replacement of two operable panel partitions at the Sumner Senior Center, located at 15506 62nd St Ct E, Sumner, WA 98390 (Parcel No. 0520193200).

Work includes removal and disposal of existing operable partitions and track systems, verification of field dimensions, furnishing and installing new operable panel partitions and all associated hardware, track, attachments, and accessories necessary for a fully functional system. All work shall be completed in accordance with manufacturer requirements, industry best practices, and all applicable codes and standards.

Work shall commence within ten (10) calendar days after execution of the contract and the issuance of a notice to proceed; and shall be completed within forty-five (45) working days.

The Engineer’s estimate range for this project is between $60,000 and $80,000. For technical questions, please reach out to Derek Barry, at 253-299-5714, bids@sumnerwa.gov.

Dated this ___ day of ______ 2026.

By:

NAME – TITLE

Dates of publication in the Courier Herald: January 7, 2026

Dates of publication in the Seattle Daily Journal of Commerce: January 7, 2026

This project is supported by funding from Pierce County through its Human Services Department with the City of Sumner.

Drew McCarty 7 Jan

SENIOR CENTER PARTITIONS DECEMBER 2025

BIDDER’S CHECKLIST

The Bidder’s attention is especially called to the following forms, which must be completed in full as required and submitted collectively as the Bid Proposal package:

1. Proposal Signature Page

2. Proposal

The “Price Per Unit” and “Total Amount” for all schedules must be shown in the spaces provided. “Total Bid” needs to be completed.

3. Subcontractor List - DOT Form 271-015A

4. Proposal Bond

The “Proposal Bond” form is to be completed by the Bidder and the surety company unless Bid is accompanied by a certified check, postal money order, cash, or cashier’s check. The amount of this deposit shall not be less than five (5) percent of the total amount of the Bid Proposal and may be shown in dollars or on a percentage basis.

5. Certificate as to Entity Principal

6. Certificate as to Entity Seal

7. Non-Collusion Declaration

8. Certificate of Wage Compliance

Before award the lowest responsible bidder shall provide a list of all subcontractors (names and addresses) who submitted quotes on the project.

SENIOR CENTER PARTITIONS DECEMBER 2025

PROPOSAL – SIGNATURE PAGE

The bidder is hereby advised that by signature of this proposal he/she is deemed to have acknowledged all requirements and signed all certificates contained herein.

A proposal guaranty in an amount of five percent (5%) of the total bid, based upon the approximate estimate of quantities at the above prices and in the form as indicated below is attached hereto:

Cash In the Amount of

Cashier’s Check Dollars

Certified Check ($ ) Payable to the City of Sumner

Proposal Bond In the Amount of 5% of the Bid Receipt is hereby acknowledged of addendum(s) No.(s) , , &

Signature of Authorized Official(s) Proposal Must be Signed

Title:

Firm Name:

Address:

Phone Number:

Email:

State of Washington Contractor’s License No.:

Federal ID No.

UBI #

Note:

(1) This proposal form is not transferable and any alteration of the firm’s name entered hereon without prior permission from the City of Sumner will be cause for considering the proposal irregular and subsequent rejection of the bid.

(2) Please refer to Section 1-02.6 of the standard specifications, re: “Preparation of Proposal,” or “Item 6” of the Instruction to Bidders for building construction jobs.

(3) Should it be necessary to modify this proposal either in writing or by electronic means, please make reference to the following proposal number in your communication: CIP 25- 12.

SENIOR CENTER PARTITIONS DECEMBER 2025

PROPOSAL

To: City of Sumner

1. Pursuant to and in compliance with your Advertisement for Bids and the other documents relating thereto, the undersigned Bidder, having familiarized himself with the terms of the project related to those items herein bid, being aware of the local conditions affecting the performance of a Contract covering the items bid, having knowledge of the cost of the work at the place where the work is to be done and having familiarized himself with the Contract Documents, hereby proposes and agrees to perform the work and/or to furnish the equipment, any or all of the labor, materials, tools, expendable equipment and all utility and transportation services necessary to perform a Contract covering any or all of those items herein bid and to complete in a workmanlike manner all work covered by said Contract in connection with the Owner’s Sumner Senior Center Partitions, CIP 25-12, for the amounts stated below.

A. BID ITEMS (See Special Provisions and Standard Specifications for description of bid items)

SUMNER SENIOR CENTER PARTITIONS

ITEM NO.

ESTIMATED

QUANTITY UNIT DESCRIPTION OF ITEM SECTION UNIT PRICE AMOUNT

1. 1 EST. Minor Change 1-04

$25,000 $25,000

2. 1 L.S. Mobilization 1-09

3. 1 L.S. Removal of Existing Partition 8-33

4. 1 L.S.

Automatic Partition System Complete - Material 8-33

5. 1 L.S.

Automatic Partition System Complete - Labor 8-33

Base Bid Total $______________

WSST (9.6%) _____________

Base Bid Total + WSST _____________

SUBCONTRACTOR LIST

SENIOR CENTER PARTITIONS DECEMBER 2025

PROPOSAL BOND

KNOW ALL MEN BY THESE PRESENTS, That we, Of as principal, and the a corporation duly organized under the laws of the state of , and authorized to do business in the State of Washington, as surety, are held and firmly bound unto the City of Sumner in the full and penal sum of five (5) percent of the total amount of the bid proposal of said principal for the work hereinafter described, for the payment of which, well and truly to be made, we bind our heirs, executors, administrators and assigns, and successors and assigns, firmly by these presents.

The condition of this bond is such, that whereas the principal herein is herewith submitting his or its sealed proposal for the following highway construction, to wit:

said bid and proposal, by reference thereto, being made a part hereof.

NOW, THEREFORE, if the said proposal bid by said principal be accepted, and the contract be awarded to said principal, and if said principal shall duly make and enter into and execute said contract and shall furnish bond as required by the City of Sumner within a period of twenty (20) days from and after said award, exclusive of the day of such award, then this obligation shall be null and void, otherwise it shall remain and be in full force and effect.

IN TESTIMONY WHEREOF, the principal and surety have caused these presents to be signed and sealed this day of , .

(Principal)

(Surety)

(Attorney-in-fact)

SENIOR CENTER PARTITIONS DECEMBER 2025

DISADVANTAGED BUSINESS ENTERPRISE UTILIZATION

CERTIFICATICERTIFICATE AS TO ENTITY PRINCIPAL

I, ______________________________________________________________, certify that I am the _____________________________________________________ of the Entity named as Contractor in the agreement attached hereto, that __________________________________________________, who signed said agreement on behalf of the Contractor, was the _________________________________ of said entity; that said agreement was duly signed on and in behalf of said entity by authority of its governing body, and is within the scope of its powers.

Title:

State of ) ) ss.

County of )

___________________________________being duly sworn deposes and says that he/she is

________________________of__________________________________________________.

(Title) (Name of Organization)

Subscribed and sworn to before me this ____ day of ___________________, 20____.

Notary Public My commission expires _______________, 20____ Bond No.

CERTIFICATE AS TO ENTITY SEAL

I hereby certify that I am the of the Entity named as Principal in the within Bond; that who signed the said Bond on behalf of the Principal is of said Entity; that I know his/her signature thereto is genuine, and that said Bond was duly signed, sealed, and attested for in behalf of said Entity by authority of its governing persons.

(Signature)

(Title)

A copy of this bond shall be filed with the County Auditor, except in the case where the Contract is with a City or Town.

NON-COLLUSION DECLARATION

Certification of Compliance with Wage Payment Statutes

The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date of _________________, the bidder is not a “willful” violator, as defined in RCW 49.48.082, of any provision of RCW chapters 49.46, 49.48, or 49.52, 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.

I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.

Bidder’s Business Name

Signature of Authorized Official*

Printed Name

Title

Date City State Check One:

□ Sole Proprietorship □ Partnership □ Joint Venture □ Corporation

□ LLC

State of Incorporation, or if not a corporation, State where business entity was formed:

If a co-partnership, give the firm name under which business is transacted:

* For 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). For a co-partnership, proposal must be executed by a partner.

PUBLIC WORKS CONTRACT

between City of Sumner and

THIS AGREEMENT, made and entered into this _______day of ____________________, __________, between the City of Sumner under and by virtue of Title 35 RCW (Cities and towns) as amended and , hereinafter called 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:

I. The Contractor shall do all work and furnish all tools, materials and equipment for in accordance with and as described in the (a) attached plans and specifications, (b) the standard specifications of the Washington State Department of Transportation, and (c) all other documents, specifications, provisions and required regulations contained in the Bid Document package provided at bid opening, all of which are considered the “Contract Documents” and are incorporated herein by this reference and made part hereof as if fully set forth in this contract, and, shall perform any changes in the work in accord with the Contract Documents.

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 provided for in these Contract Documents except those items mentioned therein to be furnished by the City of Sumner.

II. The City of Sumner hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same in accord with the attached plans and specifications and the terms and conditions herein contained and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices at the time and in the manner upon the conditions provided for in this contract. The Contractor for himself/herself, and for his/her heirs, executors, administrators, successors, and kin, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor.

III. Insurance and Indemnity. The following insurance and indemnification provisions shall apply to all of the above described work.

The Contractor shall defend, indemnify and hold the Public Entity, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the Public Entity.

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 Public Entity, its officers, officials, employees, and volunteers, the Contractor’s liability hereunder shall be only to the extent of the Contractor’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement.

A. Insurance Term

The Contractor shall procure and maintain insurance, as required in this Section, without interruption from commencement of the Contractor’s work through the term of the contract and for thirty (30) days after the Physical Completion date, unless otherwise indicated herein.

B. No Limitation

The Contractor’s maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the Public Entity’s recourse to any remedy available at law or in equity.

C. Minimum Scope of Insurance

The Contractor’s required insurance shall be of the types and coverage as stated below:

1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles.

Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01.

2. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit, using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The Public Entity shall be named as an additional insured under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the Public Entity using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed

Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage.

3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington.

4. Builders Risk insurance covering interests of the Public Entity, the Contractor, Subcontractors, and Sub-subcontractors in the work. Builders Risk insurance shall be on a special perils policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood, earthquake, theft, vandalism, malicious mischief, and collapse. The Builders Risk insurance shall include coverage for temporary buildings, debris removal, and damage to materials in transit or stored off-site. This Builders Risk insurance covering the work will have a deductible of $5,000 for each occurrence, which will be the responsibility of the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the Public Entity upon written request by the Contractor and written acceptance by the Public Entity. Any increased deductibles accepted by the Public Entity will remain the responsibility of the Contractor. The Builders Risk insurance shall be maintained until the Public Entity has granted substantial completion of the project. An installation floater may be acceptable in lieu of Builders Risk for renovation projects only if approved in writing by the Public Entity.

D. Minimum Amounts of Insurance

The Contractor shall maintain the following insurance limits:

1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident.

2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit.

3. Builders Risk insurance shall be written in the amount of the completed value of the project with no coinsurance provisions.

E. Public Entity Full Availability of Contractor Limits

If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor.

F. Other Insurance Provision

The Contractor’s Automobile Liability, Commercial General Liability and Builders Risk insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respect the Public Entity. Any insurance, self-insurance, or self-insured pool coverage maintained by the Public Entity shall be excess of the Contractor’s insurance and shall not contribute with it.

G. Contractor’s Insurance for Other Losses

The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor’s employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor’s agents, suppliers, contractors or subcontractors as well as to any temporary structures, scaffolding and protective fences.

H. Waiver of Subrogation

The Contractor and the Public Entity waive all rights against each other, any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extent covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise.

I. Acceptability of Insurers

Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII.

J. Verification of Coverage

The Contractor shall furnish the Public Entity with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsements, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. Before any exposure to loss may occur, the Contractor shall file with the Public Entity a copy of the Builders Risk insurance policy that includes all applicable conditions, exclusions, definitions, terms and endorsements related to this project. Upon request by the Public Entity, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this contract and evidence of all subcontractors’ coverage.

K. Subcontractors

The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor-provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor’s Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations.

L. Notice of Cancellation

The Contractor shall provide the Public Entity and all Additional Insureds for this work with written notice of any policy cancellation within two business days of their receipt of such notice.

M. Failure to Maintain Insurance

Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the Public Entity may, after giving five business days’ notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Public Entity on demand, or at the sole discretion of the Public Entity, offset against funds due the Contractor from the Public Entity.

N. Additional Insurance All insurance policies, with the exception of Workers Compensation, and of Professional Liability and Builder’s Risk (if required by this Contract) shall name the following listed entities as additional insured(s) using the forms or endorsements required herein:

the Contracting Agency and its officers, elected officials, employees, agents, and volunteers The above-listed entities shall be additional insured(s) for the full available limits of liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract, and irrespective of whether the Certificate of Insurance provided by the Contractor pursuant to describes limits lower than those maintained by the Contractor.

For Commercial General Liability insurance coverage, the required additional insured endorsements shall be at least as broad as ISO forms CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations.

IV. Contractor’s Employees – Employment Eligibility Requirements (E-Verify).

The Contractor and any subcontractors shall comply with E-Verify as set forth in Sumner

Municipal Code Chapter 3.30. E-Verify is an Internet-based system operated by United States Citizenship and Immigration Services in partnership with the Social Security Administration. E- Verify is free to employers and is available in all 50 states. E-Verify provides an automated link to federal databases to help employers determine employment eligibility of new hires and the validity of their Social Security numbers. The Contractor shall enroll in, participate in and document use of E-Verify as a condition of the award of this contract. The Contractor shall continue participation in E-Verify throughout the course of the Contractor’s contractual relationship with the City. If the Contractor uses or employs any subcontractor in the performance of work under this contract, or any subsequent renewals, modifications or extension of this contract, the subcontractor shall register in and participate in E-Verify and certify such participation to the Contractor. Upon execution of this Contract, the Contractor shall provide proof of compliance with this section by filling out and signing the attached Certification of Compliance with Sumner’s Municipal Code 3.30 “E-Verify” attached hereto as Exhibit B.

V. It is further provided that no liability shall attach to the City of Sumner by reason of entering into this contract except as provided herein.

VI. Debarment. The Contractor must certify that it, and its subcontractors, have not been and are not currently on the Federal or the Washington State Debarment List and if the Contractor or its subcontractors become listed on the Federal or State Debarment List, the City will be notified immediately.

VII. Application of Uniform Guidance. If this contract involves the use, in whole or in part, of federal award(s), provisions (A)-(J) in Appendix II to Part 200 of the Uniform Guidance (2 CFR Ch. 11 (1-1-14 edition) are hereby incorporated, as applicable, as if fully set forth herein.

See attached Exhibit C.

IN WITNESS WHEREOF, the Contractor has executed this instrument, on the day and year first below written and the Local Agency Approving Authority has caused this instrument to be executed by and in the name of said City of Sumner the day and year first above written.

CONTRACTOR:

By:

(signature) Print Name:

Its (Title)

DATE:

CITY OF SUMNER:

(signature) Print Name: Kathy Hayden Its Mayor (Title)

DATE:

By:

(signature) Print Name: Jason Wilson Its City Administrator (Title)

DATE:

Attest: Approved as to form:

City Clerk City Attorney

DATE: DATE:

NOTICES TO BE SENT TO:

CONTRACTOR:

NOTICES TO BE SENT TO:

CITY OF SUMNER:

City of Sumner

(telephone) (facsimile)

1104 Maple Street Sumner, WA 98390 253-299-XXXX (telephone) 253-299-XXXX (facsimile)

EXHIBIT B

CERTIFICATION OF COMPLIANCE WITH SUMNER MUNICIPAL CODE CHAPTER 3.30

“E-VERIFY“

As the person duly authorized to enter into such commitment for

I hereby certify that the Company or Organization named herein will

(check one box below)

Be in compliance with all of the requirements of City of Sumner Municipal Code Chapter 3.30 for the duration of the contract entered into between the City of Sumner and the Company or Organization.

OR

Hire no employees for the term of the contract between the City and the Company or Organization.

NAME

TITLE

DATE

EXHIBIT C

APPENDIX II TO PART 200---CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS

UNDER FEDERAL AWARDS

In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the City of Sumner under federal award(s) are subject to the following provisions, as applicable.

(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

(B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non- Federal entity including the manner by which it will be effected and the basis for settlement.

(C) Equal Employment Opportunity. Pursuant to applicable federal law, federal regulations and/ or a final and binding Presidential Executive Order 11473, all federally funded construction project contractors shall ensure compliance with federal antidiscrimination laws, including the Equal Employment Opportunity regulations as currently written or subsequently modified or repealed.

(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S .C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, the following language is hereby incorporated into the contract as if fully set forth therein:

Application of Uniform Guidance. If this contract involves the use, in whole or in part, of federal award(s), the following provisions (29 CFR, Subtitle A Part 5, Subpart A, § 5.5, subsections (a)(1)

– (a)(10)) shall apply:

(1) Minimum wages.

(i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), 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 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=3d905132c71c650640a4c95b8a6dd1e8&term_occur=1&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=072699e8a654fd372ea7bd0074bc5598&term_occur=1&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=f3a7fa2ce30cce63493e1f1f21ebba16&term_occur=1&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=528985a38b8b82fb0215aa64f705ef4c&term_occur=1&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/cfr/text/29/part-3 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=da5a5993c3896991d7da51806bd147a0&term_occur=1&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=e6b221fda04caa08d6fe0a04540e112e&term_occur=1&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=528985a38b8b82fb0215aa64f705ef4c&term_occur=2&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=3d905132c71c650640a4c95b8a6dd1e8&term_occur=2&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=3d905132c71c650640a4c95b8a6dd1e8&term_occur=3&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=da5a5993c3896991d7da51806bd147a0&term_occur=2&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=3d905132c71c650640a4c95b8a6dd1e8&term_occur=4&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/cfr/text/29/5.5#a_1_iv https://www.law.cornell.edu/cfr/text/29/5.5#a_1_iv https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=3d905132c71c650640a4c95b8a6dd1e8&term_occur=5&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=e6b221fda04caa08d6fe0a04540e112e&term_occur=2&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=3d905132c71c650640a4c95b8a6dd1e8&term_occur=6&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 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.

(ii)

(A) The contracting officer 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 contracting officer shall approve 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 contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer 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 contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt 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 City of Sumner shall upon its own action or upon written request of 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, https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=e6b221fda04caa08d6fe0a04540e112e&term_occur=3&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/cfr/text/29/5.5#a_1_ii https://www.law.cornell.edu/cfr/text/29/5.5#a_1_ii https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=f3a7fa2ce30cce63493e1f1f21ebba16&term_occur=2&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=23b22fcd11a00dc67da3d82ac204422a&term_occur=2&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=3d905132c71c650640a4c95b8a6dd1e8&term_occur=7&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=e6b221fda04caa08d6fe0a04540e112e&term_occur=4&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=072699e8a654fd372ea7bd0074bc5598&term_occur=2&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=297143a85aad5f84f1e520bbd5d7e410&term_occur=4&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=e6b221fda04caa08d6fe0a04540e112e&term_occur=5&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=e6b221fda04caa08d6fe0a04540e112e&term_occur=5&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=23b22fcd11a00dc67da3d82ac204422a&term_occur=3&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=e6b221fda04caa08d6fe0a04540e112e&term_occur=6&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=e6b221fda04caa08d6fe0a04540e112e&term_occur=7&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=e6b221fda04caa08d6fe0a04540e112e&term_occur=7&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=3d905132c71c650640a4c95b8a6dd1e8&term_occur=8&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=072699e8a654fd372ea7bd0074bc5598&term_occur=3&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=23b22fcd11a00dc67da3d82ac204422a&term_occur=4&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=23b22fcd11a00dc67da3d82ac204422a&term_occur=5&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=7662294b14776f1d038a8098c0d75557&term_occur=1&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=7662294b14776f1d038a8098c0d75557&term_occur=2&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=23b22fcd11a00dc67da3d82ac204422a&term_occur=6&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=23b22fcd11a00dc67da3d82ac204422a&term_occur=7&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=3d905132c71c650640a4c95b8a6dd1e8&term_occur=9&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=072699e8a654fd372ea7bd0074bc5598&term_occur=4&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=23b22fcd11a00dc67da3d82ac204422a&term_occur=8&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=23b22fcd11a00dc67da3d82ac204422a&term_occur=9&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=23b22fcd11a00dc67da3d82ac204422a&term_occur=12&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=7662294b14776f1d038a8098c0d75557&term_occur=3&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=7662294b14776f1d038a8098c0d75557&term_occur=4&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=23b22fcd11a00dc67da3d82ac204422a&term_occur=10&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=23b22fcd11a00dc67da3d82ac204422a&term_occur=11&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=297143a85aad5f84f1e520bbd5d7e410&term_occur=5&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=297143a85aad5f84f1e520bbd5d7e410&term_occur=6&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=3d905132c71c650640a4c95b8a6dd1e8&term_occur=10&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=e6b221fda04caa08d6fe0a04540e112e&term_occur=8&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=da5a5993c3896991d7da51806bd147a0&term_occur=3&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=3d905132c71c650640a4c95b8a6dd1e8&term_occur=11&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=528985a38b8b82fb0215aa64f705ef4c&term_occur=3&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=528985a38b8b82fb0215aa64f705ef4c&term_occur=4&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=297143a85aad5f84f1e520bbd5d7e410&term_occur=7&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=297143a85aad5f84f1e520bbd5d7e410&term_occur=8&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5 https://www.law.cornell.edu/definitions/index.php?width=840&height=800&iframe=true&def_id=297143a85aad5f84f1e520bbd5d7e410&term_occur=9&term_src=Title%3A29%3ASubtitle%3AA%3APart%3A5%3ASubpart%3AA%3A5.5…