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Kalispell AWWTP Fermenter Rehab_Addedum 02 COMPLETE_2024.04.22 HDR Project Numbers 10307057 City of Kalispell, Montana April 22, 2024 AWWTP Fermenter Rehabilitation ADDENDUM NO. 2 00 91 13 - 1 Kalispell AWWTP Fermenter Rehabilitation City of Kalispell, Montana ADDENDUM NO. 2 April 22, 2024 TO: Prospective Bidders FROM: HDR (Engineer) 700 SW Higgins Ave, Ste 200 Missoula, Montana 59803 OWNER: City of Kalispell 201 1st Avenue East Kalispell, MT - 59901 SUBJECT: Kalispell Advanced Wastewater Treatment Plant Kalispell AWWTP Fermenter Rehabilitation This Addendum is part of the Bidding Documents and the Contract Documents and modifies the original Bidding Documents dated March 2024, as indicated below. Acknowledge receipt of this Addendum via QuestCDN. Failure to do so may subject the Bidder to disqualification for award of the associated Contract. This Addendum consists of seven (7) pages and the attachments, if any, listed on the last page. HDR Project Numbers 10307057 City of Kalispell, Montana April 22, 2024 AWWTP Fermenter Rehabilitation ADDENDUM NO. 2 00 91 13 - 2 ADDENDUM NO. 2 SEALS AND SIGNATURES Rickey L. Schultz Jr., PE License No. 18171 The seal and signature to the left applies to the changes made via this Addendum for the Work in the Specifications and Drawings described within. It is a violation of applicable laws and regulations governing professional licensing and registration for any person, unless acting under the direction of the licensed and registered design professional(s) indicated above, to alter in any way the proposed Specifications, Drawings, and Addenda for this Project. CHANGES TO PRIOR ADDENDA None CHANGES TO INTRODUCTORY INFORMATION 1.01 Replace Section 00 90 00 – Funding Agency Special Provisions with the version attached. 1.02 Section 00 41 13 – Bid Form: Modify Article 3.02.A.1 as follows: HDR Project Numbers 10307057 City of Kalispell, Montana April 22, 2024 AWWTP Fermenter Rehabilitation ADDENDUM NO. 2 00 91 13 - 3 Item No. Item Name Estimated Quantity Unit Bid Unit Price Bid Amount 101 Mobilization and Demobilization 1 LS 102 Permits, Bonds, & Insurance 1 LS 103a Interior Concrete Removal, Repair, & Rehabilitation up to 2 inches in depth 6,500 SF 103b Interior Concrete Removal, Repair, & Rehabilitation greater than 2 inches in depth 700 SF 104a Interior Crack Repair – Method 1 200 LF 104b Interior Crack Repair – Method 2 200 LF 104c Interior Crack Repair – Method 3 100 LF 104d Interior Crack Repair – Method 4 100 LF 104e Interior Crack Repair – Method 5 100 LF 105 Interior Coatings Application 7,200 SF 106a Exterior Coatings and Concrete Removal, Concrete Repair & Rehabilitation – Type I (Thin) 800 SF HDR Project Numbers 10307057 City of Kalispell, Montana April 22, 2024 AWWTP Fermenter Rehabilitation ADDENDUM NO. 2 00 91 13 - 4 106b Exterior Coatings and Concrete Removal, Concrete Repair & Rehabilitation – Type II (Moderate) 400 SF 106c Exterior Coatings and Concrete Removal, Concrete Repair & Rehabilitation – Type III (Severe) 200 SF 106d Exterior Coatings and Concrete Removal, Concrete Repair & Rehabilitation – Type IV (Shotcrete Repair) 50 SF 107 Exterior Coatings Application 4,100 2,300 SF 108 Fermenter Interior Bracing Allowance 1 LS $85,000 $85,000 109 Incidental Fermenter Rehabilitation Work 1 LS 110 Contingency Allowance 1 LS $ 30,000 $ 30,000 Total Bid Price (Total of all Bid Item Prices) 1.03 Section 00 52 13 - Agreement: Replace the table under Article 5.01.A with the following: HDR Project Numbers 10307057 City of Kalispell, Montana April 22, 2024 AWWTP Fermenter Rehabilitation ADDENDUM NO. 2 00 91 13 - 5 Item No. Item Name Estimated Quantity Unit Bid Unit Price Bid Amount 101 Mobilization and Demobilization 1 LS 102 Permits, Bonds, & Insurance 1 LS 103a Interior Concrete Removal, Repair, & Rehabilitation up to 2 inches in depth 6,500 SF 103b Interior Concrete Removal, Repair, & Rehabilitation greater than 2 inches in depth 700 SF 104a Interior Crack Repair – Method 1 200 LF 104b Interior Crack Repair – Method 2 200 LF 104c Interior Crack Repair – Method 3 100 LF 104d Interior Crack Repair – Method 4 100 LF 104e Interior Crack Repair – Method 5 100 LF 105 Interior Coatings Application 7,200 SF 106a Exterior Coatings and Concrete Removal, Concrete Repair & Rehabilitation – Type I (Thin) 800 SF HDR Project Numbers 10307057 City of Kalispell, Montana April 22, 2024 AWWTP Fermenter Rehabilitation ADDENDUM NO. 2 00 91 13 - 6 106b Exterior Coatings and Concrete Removal, Concrete Repair & Rehabilitation – Type II (Moderate) 400 SF 106c Exterior Coatings and Concrete Removal, Concrete Repair & Rehabilitation – Type III (Severe) 200 SF 106d Exterior Coatings and Concrete Removal, Concrete Repair & Rehabilitation – Type IV (Shotcrete Repair) 50 SF 107 Exterior Coatings Application 4,100 2,300 SF 108 Fermenter Interior Bracing Allowance 1 LS $85,000 $85,000 109 Incidental Fermenter Rehabilitation Work 1 LS 110 Contingency Allowance 1 LS $ 30,000 $ 30,000 Total Bid Price (Total of all Bid Item Prices) CHANGES TO SPECIFICATIONS 1.04 None. CHANGES TO DRAWINGS 1.05 None. HDR Project Numbers 10307057 City of Kalispell, Montana April 22, 2024 AWWTP Fermenter Rehabilitation ADDENDUM NO. 2 00 91 13 - 7 ATTACHMENTS 1.06 Plan Holders List as of April 22, 2024. 1.07 Section 00 90 00 – Funding Agency Special Provisions. END OF ADDENDUM NO. 2 Closing Date: Thu, 04/25/2024 02:00 PM MDT Posting Type: Construction Project Owner Name: Kalispell MT, City of Solicitor Name: HDR Engineering, Inc. Contact: Rickey Schultz Phone: 406-532-2238 Email: Rickey.Schultz@hdrinc.com Company Name &Address Contact Name/Email Address Phone/Fax Bus.Cert Bus. Desig Entry Date Doc Type Comments  Plan Center NorthwestPO Box 2486, Clackamas,OR-97015 Brie Kidwellbrie@plancenternw.com 503-650-0148N/A Plan Room 03/18/2024 eBidDoc Abhe & Svoboda Inc.18100 Dairy Lane,Jordan, MN-55352 Donnell Hauckdonnell.hauck@abheonline.com 95244760259524476951 Prime Bidder 03/19/2024 eBidDoc S & L Underground, Inc.P.O. Box 1952, BonnersFerry, ID-83805 Shem Johnsonadmin@slunder.com 208-267-7996208-267-8097 Prime Bidder 03/19/2024 eBidDoc F D Thomas Inc217 Bateman Drive,Central Point, OR-97502 Mike Kostenkobids@fdthomas.com 541-664-3010541-664-1105 Prime Bidder 03/20/2024 eBidDoc ConstructConnect3825 Edwards Rd,Cincinnati, OH-45209 Eric Millscontent@constructconnect.com 800-364-2059866-570-8187 Plan Room 03/20/2024 eBidDoc Coblaco Services11905 EAST 124thAVENUE, Henderson, CO-80640 Jack ODelljack@coblaco.com 3036907148 Prime Bidder 03/26/2024 eBidDoc Resinous FlooringCorporationP.O. Box 2549, KIRKLAND,WA-98083 patrick leewenspat@leewens.com (425) 827-8333(425)827-8358 WBE Subcontractor 03/26/2024 eBidDoc National Coating andLining Company26713 Madison Avenue,Murrieta, CA-92562 Amber Misquezamber@nc-lc.com 951-471-3388951-471-3779 SBE Subcontractor 03/27/2024 eBidDoc Idaho AGC1649 W Shoreline Drive,Suite 100, Boise, ID-83702 Deren Martinezplanroom@idahoagc.org 208-344-2531208-343-5321 Plan Room 03/28/2024 eBidDoc Plan Holder Report as of 04/22/2024 10:24 AM CDT Kalispell AWWTP Fermenter Rehabilitation Quest eBidDoc™ Number: 9037615 Company Name &Address Contact Name/Email Address Phone/Fax Bus.Cert Bus. Desig Entry Date Doc Type Comments  Kalispell MT, City of201 1st Avenue East,Kalispell, MT-59901 Keith Haskinskhaskins@kalispell.com 406-758-7727 Project Owner 04/04/2024 eBidDoc Sherwin Williams P&M2940 6th Ave S, Seattle,WA-98134 Annie Houglandannie.hougland@sherwin.com 2533373441 Supplier 04/08/2024 eBidDoc Flathead Valley PlansExchange2303 US HIGHWAY 2 E,KALISPELL, MT-599012835 Sarah Hansenplanex@kalcopy.com 4067555888 Reprographic Printer 04/15/2024 eBidDoc Section 00900 November 2023 1 SECTION 00900 FUNDING AGENCY SPECIAL PROVISIONS FOR MONTANA PUBLIC FACILITY PROJECTS This section supplements Division 0 of the Montana Public Works Standard Specifications (MPWSS), Sixth Edition, dated April 2010 and the MPWSS 7th Edition, dated April 2021. Included herein are supplemental general conditions that are required by Montana public facility funding programs or agencies listed in 1.1 below but are not included in the Montana Public Works Standard Specifications, Division 0. ARTICLE 1. SPECIAL PROVISIONS 1.1 FUNDING AGENCIES This project is being funded with funds from one or more of the following public facility funding programs or agencies: Renewable Resource Grant and Loan Program (RRGL) Montana Coal Endowment Program (MCEP) United States Department of Agriculture Rural Development (USDA/RD) Community Development Block Grant Program (CDBG) Drinking Water or Water Pollution Control State Revolving Fund Loan Program (SRF) American Rescue Plan Act (ARPA) 1.1.1 Applicable Funding Agency Special Provisions In addition to Section 1.2 below, the following sections also apply as indicated: Section 1.3 (Additional USDA/RD Requirements) Section 1.4 (Additional CDBG Requirements) X Section 1.5 (Additional SRF Requirements) X Section 1.6 (Additional ARPA Requirements) Exhibit A (RD Project Sign Detail) X Exhibit A-1 (SRF Project Sign Detail) Exhibit A-2 (BIL Project Sign Detail) Exhibit B (HUD Form 4010) X Exhibit C (Federal Labor Standards Provisions) Exhibit D (Reserved) X Exhibit E (American Iron and Steel Forms) 1.2 SPECIAL PROVISIONS FOR ALL FUNDING AGENCIES The following requirements pertain to all the funding programs or agencies listed in 1.1 above. If project funding sources include any of the programs or agencies listed, the following general requirements must be met in addition to those required in the Montana Public Works Standard Specifications, Division 0: 1.2.1 Reports, Information, and Access to Records The contractor, at such times and in such form as required by the owner (defined herein as the entity for which the project is being constructed) shall furnish reports pertaining to the work or services undertaken pursuant to this contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this contract. The owner and any federal, state or local governmental agency having a valid interest in this project shall be permitted by the contractor to have full access to and the right to examine pertinent documents of the contractor involving transactions related to this contract during the period of the project and for three (3) years from the date of final payment or until all findings have been resolved to the satisfaction of the funding Section 00900 November 2023 2 agencies. 1.2.2 Contractor Eligibility and Certification Regarding Debarment The contractor certifies that the contractor's firm and the firm's principals are not debarred, suspended, or otherwise ineligible to receive any Montana public works contracts or subcontracts pursuant to 18-2-432 (2), MCA. For federally funded projects, the contractor certifies that the contractor's firm and the firm's principals are not debarred, suspended, voluntarily excluded, or otherwise ineligible for participation in federally assisted contracts under Executive Order 12549, "Debarment and Suspension" (24 CFR 24.505). 1.2.3 Contractor Registration and Worker’s Compensation Requirements Title 39, Chapter 9, Parts 1 and 2 MCA stipulate contractor registration requirements for the State of Montana. Pursuant to 39-9-201 MCA, each construction contractor must be registered with the Montana Department of Labor and Industry. In accordance with 39-9-102 MCA, “construction contractor” means a person, firm, or corporation that, in the pursuit of an independent business, offers to undertake, undertakes, or submits a bid for construction. No bid shall be considered that does not carry the bidder’s Montana Contractor’s Registration Number on the bid form. Registration forms and additional information may be obtained by contacting the Montana Department of Labor and Industry, 1805 Prospect Ave., P.O. Box 8011, Helena, MT 59604-8011, or by calling 406-444- 7734. The contractor must provide certification that workers' compensation insurance will be maintained as required by the Montana Workers' Compensation Act (39-71-101 MCA). 1.2.4 Minimum Wage Requirements Unless superseded by federal law, 18-2-401 MCA and 18-2-402 MCA require that each employer pay, as a minimum, the rate of wages, including fringe benefits and zone pay applicable for the work being performed, as provided in the current Montana Prevailing Wage Requirements as determined by the Montana Department of Labor and Industry. The current wage determination(s) must be included in the contract documents. If the SRF Loan Program is funding the project in whole or in part, federal and state laws require that each employer pay, as a minimum, prevailing wages for each classification in accordance with the Federal Labor Standards Provisions (Davis-Bacon) (Exhibit C) or Montana Prevailing Wage Requirements, whichever is greater. If the CDBG Program is funding the project in whole or in part, HUD Form 4010-Federal Labor Standards Provisions (Exhibit B) must be included in the contract documents. 1.2.5 Compliance With State and Federal Laws and Regulations All applicable laws, ordinances, rules and regulations of authorities having jurisdiction over construction of the project shall apply to the contract throughout. The contractor must comply with all applicable state and federal occupational disease and health and safety laws and regulations. Section 00900 November 2023 3 1.2.6 Project Sign Exhibit A (RD Project Sign Details): All projects will have a sign erected at a prominent location near the major portion of the work in plain view of the general public prior to submittal of the first pay estimate. The sign will generally conform to the following: “The CONTRACTOR, or such contractor as the ENGINEER may designate, when construction begins, shall erect a sign constructed of 4’X8’X¾” exterior plywood (A-B) and shall be supported by and bolted to two (2) 4”X4” posts with the bottom of the sign at a point at least two (2) feet above the ground line. The project sign shall be maintained in a good condition until project completion. The sign will be edged, painted and lettered as shown on Exhibit A. The letters shall be approximately three (3) inches in height. The cost of the sign is incidental to the contract price. The sign shall remain the property of the owner. A statement indicating all agencies participating in the financing of the project shall be included on the sign. The sign shall be subject to agency approval prior to being erected. Exhibit A-1 (SRF Project Sign Details): All projects will have a sign erected at a prominent location near the major portion of the work in plain view of the general public prior to submittal of the first pay estimate. The sign will generally conform to the following: “The CONTRACTOR, or such contractor as the ENGINEER may designate, when construction begins, shall erect a sign constructed of 4’X8’X¾” exterior plywood (A-B) and shall be supported by and bolted to two (2) 4”X4” posts with the bottom of the sign at a point at least two (2) feet above the ground line. The project sign shall be maintained in a good condition until project completion. The sign details are shown in Exhibit A-1. The letters shall be approximately three (3) inches in height. The cost of the sign is incidental to the contract price. The sign shall remain the property of the owner. The sign shall be subject to agency approval prior to being erected. Exhibit A-2 (BIL Project Sign Details): All projects will have a sign erected at a prominent location near the major portion of the work in plain view of the general public prior to submittal of the first pay estimate. The sign will generally conform to the following: “The CONTRACTOR, or such contractor as the ENGINEER may designate, when construction begins, shall erect a sign constructed of 4’X6’X¾” exterior plywood (A-B) and shall be supported by and bolted to two (2) 4”X4” posts with the bottom of the sign at a point at least two (2) feet above the ground line. The project sign shall be maintained in a good condition until project completion. The sign details are shown in Exhibit A-2. The cost of the sign is incidental to the contract price. The sign shall remain the property of the owner. The sign shall be subject to agency approval prior to being erected. 1.2.7 Gross Receipts Withholding Requirements Pursuant to Section 15-50-206(2)(3), MCA, the owner is required to withhold one percent (1%) of all payments due the contractor and is required to transmit such moneys to the Montana Department of Revenue as part of the public contractor's license fee. In like fashion, the contractor is required to withhold one percent (1%) from payments to subcontractors. 1.2.8 Clean Air and Clean Water Acts, Executive Order 11738 and EPA Regulations: If this Contract exceeds $100,000, Contractor shall comply with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 USC 1857(h)); Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738; and Environmental Protection Agency Regulations (40 CFR Part 15). Section 00900 November 2023 4 1.2.9 Montana Rules Regarding Equipment and the Introduction and Spread of Aquatic Invasive Species: List all equipment that will be used for construction of the project and how the equipment will be used on land, bank and/or in water. Make sure your vehicles, watercraft, and all equipment are clean and free of weeds, weed seeds, and excess grease before using it on land or water. To prevent the spread of invasive species, to the extent practical, remove mud and vegetation from vehicles, heavy machinery, and all other equipment before moving between waters and work sites, especially when working in areas of known infestations. When working in water, drain water from machinery and let machinery dry before moving to another location. https://fwp.mt.gov/conservation/aquatic-invasive-species. Requirements in Montana for equipment to be used in water. To prevent the spread of aquatic invasive species, remove (CLEAN) mud and aquatic plants from heavy machinery and other equipment before moving between waters and work sites. DRAIN water from machinery and let DRY completely before moving to another location. a) Be sure the equipment is clean and free of weeds, weed seeds, and excess grease before using it in the water waterway. b) Be sure you remove mud and aquatic plants from heavy machinery and other equipment before moving between waters and work sites, especially in waters known to be infested with aquatic invasive species. c) Drain water from machinery and let dry before moving to another location. d) Mandatory inspections are now required for all equipment that: • Has been previously used outside of Montana • Are destined for waters in Montana west of the Continental Divide that has been previously used east of the Continental Divide • Are destined for waters of the Flathead Basin that have been previously used outside of the Flathead Basin. Any equipment that falls into the scenarios laid out above must schedule an inspection by calling the state’s Aquatic Invasive Species line at 406-444-2440 at least one week in advance of planned use. 1.3 ADDITIONAL SPECIAL PROVISIONS FOR USDA/RD 1.3.1 The following documents shall be attached to and made a condition of the contract documents for any project funded, in whole or in part, by Rural Development: If the bid amount exceeds $10,000, but is less than $100,000, signed Compliance Statement (RD 400-6). Refer to specific equal opportunity requirements set forth in paragraph 18.10 of the General Conditions; If the bid amount exceeds $100,000, signed RD Instruction 1940-Q, Exhibit A-1, Certification for Contracts, Grants, and Loans. Refer to paragraph 18.11 of the General Conditions. 1.3.2 Free and Open Competition All procurement transactions will be conducted in a manner that provides maximum free and open competition. Examples of what are considered to be restrictive of competition include but are not limited to: employment preferences to Montana Bidders or Montana Contractors and Montana residents. 1.3.3 Contractor’s Retainage No payments will be made that would deplete the retainage nor place in escrow any funds that are required for retainage or invest the retainage for the benefit of the contractor. Section 00900 November 2023 5 1.3.4 American Iron and Steel a. “Section 746 of Title VII of the Consolidated Appropriations Act of 2017 (Division A - Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017) and subsequent statutes mandating domestic preference applies an American Iron and Steel requirement to this project. All listed iron and steel products used in this project must be produced in the United States. The term “iron and steel products” means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. The deminimis and minor components waiver apply to this contract.” b. RUS Bulletin 1780-26 “ Guidance for the Use of Engineers Joint Contract Documents Committee (EJCDC) Bidding and Contract Documents on Water and Waste Disposal Projects with Rural Utilities Service Financial Assistance” is available on the RUS website at https://www.rd.usda.gov/publications/regulations-guidelines/bulletins/water-and-environmental. This Bulletin is to be used by RD staff in providing information and guidance to funding applicants/recipients (Owners) and professional consultants in the development of Bidding and Contract Documents that are legally sufficient, ensure appropriate services are provided at a reasonable fee, and expedite the achievement of the applicant’s goals. This Bulletin supports compliance with 7 CFR 1780, 2 CFR 200 and the American Iron and Steel (AIS) requirements mandated by Section 746 of Title VII of the Consolidated Appropriations Act of 2017 and subsequent statutes mandating domestic preference. c. CONTRACT PROVISIONS. To ensure compliance with the AIS requirements specific AIS contract language must be included in each contract including agreements for engineering services, construction contract documents and purchase agreements prepared by the owner. The following modifications are made to Bidding and Construction Contract Documents (EJCDC C-Series, 2018): (1) Advertisement for Bids (C-111): Add at the end of EJCDC C-111 prior to “This Advertisement is issued by:” American Iron and Steel Section 746 of Title VII of the Consolidated Appropriations Act of 2017 (Division A - Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017) and subsequent statutes mandating domestic preference applies an American Iron and Steel requirement to this project. All iron and steel products used in this project must be produced in the United States. The term “iron and steel products” means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and Construction Materials. The following waivers apply to this Contract: De Minimis, Minor Components, Pig iron and direct reduced iron, and [add project specific waivers as applicable]. (2) Instructions to Bidders (C-200): (a) Article 3.02 – Delete in its entirety and insert “Deleted”. (b) Article 8.01 – Add to the end of the paragraph “Bid security must be at least 5% of the Bidder’s maximum Bid price.” (c) Article 9.02 – Delete in its entirety and insert “Deleted”. (d) Article 10.01 – Delete in its entirety and insert “Deleted”. Section 00900 November 2023 6 (e) Article 10.02 – Insert after the sentence that starts “Each such request…: “Each such request shall include the Manufacturer’s Certification for Compliance with AIS. Refer to the Manufacturer’s Certification form provided in these construction Contract Documents." (f) Article 10.02 – Add to the end of this paragraph: “Substitutes and “or-equal” materials and equipment may be proposed by Contractor in accordance with Paragraphs 7.05 and 7.06 of the General Conditions after the Effective Date of the Contract. Each such request shall include Manufacturer’s Certification letter to document compliance with AIS requirements of Section 746 of Title VII of the Consolidated Appropriations Act of 2017 (Division A - Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017) and subsequent statutes mandating domestic preference, if applicable. Refer to Manufacturer’s Certification Letter provided in these Contract Documents.” (g) Article 11.01 – Delete in its entirety and insert “Deleted”. (h) Article 11.05 – Add the following: 11.05 – The Contractor shall not award work to Subcontractor(s) in excess of the limits stated in SC 7.07A. (i) Article 13.04 – Delete in its entirety and insert “Deleted”. (j) Article 13.07 – Delete in its entirety and insert “Deleted”. (k) Article 18.05.E – Delete in its entirety and insert “Deleted”. (l) Article 18.05.F – Delete in its entirety and insert “Deleted”. (m) Add the following, renumbering if Articles 21 and/or 22 are not used: ARTICLE 23 – FEDERAL REQUIREMENTS 23.01 If the contract price is in excess of $100,000, provisions of the Contract Work Hours and Safety Standards Act at 29 CFR 5.5(b) apply. 23.02 Federal requirements at Article 19 of the Supplementary Conditions apply to this Contract. 23.03 American Iron and Steel requirements apply to this project. (3) Bid Form (C-410) (a) Article 2.01 Delete the “ and” at the end of 2.01.F Delete the existing text for 2.01.G and add the following text and the referenced attachments to the Bidding Documents: G. If Bid amount exceeds $10,000, signed Compliance Statement (RD 400-6). Refer to specific equal opportunity requirements set forth in the Supplementary Conditions of the Construction Contract (EJCDC C-800); H. If Bid amount exceeds $25,000, signed Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions (AD-1048); I. If Bid amount exceeds $100,000, signed RD Instruction 1940-Q Exhibit A-1, Certification for Contracts, Grants, and Loans.” J. [List other documents and edit above as pertinent]. (b) Article 4 – Delete in its entirety and insert “Deleted”. (c) Article 5 – Delete in its entirety and insert “Deleted”. Section 00900 November 2023 7 (d) Article 6.02 – Delete in its entirety and insert “Deleted”. (e) Article 6.03 – Delete in its entirety and insert “Deleted”. (f) Article 8.01.A.3 – Delete the period at the end of Article 8.018.A.3 and insert the following language: “, including all American Iron and Steel requirements.” (4) Agreement Between Owner and Contractor (a) Article 4.05.C – Delete in its entirety and insert “Deleted”. (b) Article 6.02.A.1.a – Replace “[number]” with “95”. (c) Article 6.02.A.1.a(1) – Delete in its entirety and insert “Deleted”. (d) Article 6.02.A.1.b – Replace “[number]” with “95”. (e) Article 6.02.B – After “Substantial Completion” insert “of the entire construction to be provided under the construction Contract Documents”. (5) Supplementary General Conditions (C-800) (a) ARTICLE 1 – Delete the sentence “No suggested Supplementary Conditions in this Article.” (b) SC-1.01.A.8 – Add the following at the end of the Paragraph: The Change Order form to be used on this Project is EJCDC C-941 (2018). Agency approval is required before Change Orders are effective. (c) SC-1.01.A.30 – Add the following at the end of the Paragraph: For the purposes of Rural Development, this term is synonymous with the term “applicant” as defined in 7 CFR 1780.7 (a) (1), (2) and (3) and is an entity receiving financial assistance from the federal programs. (d) SC-1.01.A.50 – Add the following at the end of the Paragraph: The Work Change Directive form to be used on this Project is EJCDC C-940 (2018). Agency approval is required before a Work Change Directive is issued. (e) SC-1.01.A.51 – Add the following new paragraph immediately after Paragraph 1.01.A.50: 51. Agency - The Project is financed in whole or in part by USDA Rural Utilities Service pursuant to the Consolidated Farm and Rural Development Act (7 USC Section 1921 et seq.). The Rural Utilities Service programs are administered through the USDA Rural Development offices; therefore, the Agency for these documents is USDA Rural Development. (f) SC-1.01.A.52 – Add the following new paragraph with the title “American Iron and Steel Definitions” immediately after Paragraph 1.01.A.51: 52.a American Iron and Steel (AIS) - Requirements mandated by Section 746 of Title VII of the Consolidated Appropriations Act of 2017 (Division A - Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017) and subsequent statutes mandating domestic preference for “iron and steel products,” meaning the following products, if made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and Construction Materials. AIS requirements apply in each of the several states, the District of Columbia, and each federally recognized Tribe, but not the U.S. Territories. 52.b Coating - A covering that is applied to the surface of an object. If a Coating is applied to the external surface of a domestic iron or Steel component, and the application takes place outside of the United States, said product would be considered a compliant product under the AIS requirements. Any Coating processes Section 00900 November 2023 8 that are applied to the external surface of Iron and Steel components that would otherwise be AIS compliant would not disqualify the product from meeting the AIS requirements regardless of where the Coating processes occur, provided that final assembly of the product occurs in the United States. This exemption only applies to Coatings on the external surface of Iron and Steel components. It does not apply to Coatings or linings on internal surfaces of Iron and Steel products, such as the lining of lined pipes. All Manufacturing Processes for lined pipes, including the application of pipe lining, must occur in the United States for the product to be compliant with AIS requirements. 52.c Construction Materials - Those articles, materials, or supplies made primarily of iron and/or steel, that are permanently incorporated into the project, not including mechanical and/or electrical components, equipment and systems. Some of these products may overlap with what is also considered “structural steel”. Note: Mechanical and electrical components, equipment and systems are not considered Construction Materials. See definitions of Mechanical Equipment and Electrical Equipment. 52.d Contractor’s Certification - Documentation submitted by the Contractor upon Substantial Completion of the Contract that all Iron and Steel products installed were Produced in the United States. 52.e De Minimis - Various miscellaneous, incidental low-cost components that are essential for, but incidental to, the construction and are incorporated into the physical structure of the project. Examples of De Minimis components could include small washers, screws, fasteners (such as “off the shelf” nuts and bolts), miscellaneous wire, corner bead, ancillary tube, signage, trash bins, door hardware etc. Costs for such De Minimis components cumulatively may comprise no more than a total of five percent of the total cost of the materials used in and incorporated into a project; the cost of an individual item may not exceed one percent of the total cost of the materials used in and incorporated into a project. 52.f Electrical Equipment - Typically any machine powered by electricity and includes components that are part of the electrical distribution system. AIS does not apply to Electrical Equipment. 52.g Engineer’s Certification - Documentation submitted by the Engineer that Drawings, Specifications, and Bidding Documents comply with AIS. 52.h Iron and Steel products - The following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and Construction Materials. Only items on the above list made primarily of iron or steel, permanently incorporated into the project must be Produced in the United States. For example, trench boxes, scaffolding or equipment, which are removed from the project site upon completion of the project, are not required to be made of U.S. iron or steel. 52.i Manufacturer - A Supplier, fabricator, distributor, materialman, or vendor is an entity with which the Owner, Contractor or any subcontractor has contracted to furnish materials or equipment to be incorporated in the project by the Owner, Contractor or a subcontractor. 52.j Manufacturer’s Certification - Documentation provided by the Manufacturer stating that the Iron and Steel products to be used in the project are produced in the United States in accordance with American Iron and Steel (AIS) Requirements. If items are purchased via a Supplier, distributor, vendor, etc. from the Manufacturer directly, then the Supplier, distributor, vendor, etc. will be responsible for obtaining and providing these certifications to the parties purchasing the products. 52.k Manufacturing Processes - Processes such as melting, refining, pouring, forming, rolling, drawing, finishing, and fabricating. Further, if a domestic Iron and Steel product is taken out of the United States for any part of the manufacturing process, it becomes foreign source material. However, raw materials such as iron ore, limestone and iron and steel scrap are not covered by the AIS requirement, and the material(s), if any, being applied as a Coating are similarly not covered. Non-iron or Steel components of an Iron and Steel product may come from non-US sources. For example, for products such as valves and hydrants, the individual non-Iron and Steel components do not have to be of domestic origin. Raw materials, such as iron ore, limestone, scrap iron, and scrap steel, can come from non-U.S. sources. Section 00900 November 2023 9 52.l Mechanical Equipment - Typically equipment which has motorized parts and/or is powered by a motor. AIS does not apply to Mechanical Equipment. 52.m Minor Components - Components within an iron and/or Steel product otherwise compliant with the American Iron and Steel requirements; this waiver is typically used by Manufacturers. It differs from the De Minimis definition in that De Minimis pertains to the entire project and the minor component definition pertains to a single product. This waiver allows use of non-domestically produced miscellaneous Minor Components comprising up to five percent of the total material cost of an otherwise domestically produced Iron and Steel product. However, unless a separate waiver for a product has been approved, all other Iron and Steel components in said product must still meet the AIS requirements. This waiver does not exempt the whole product from the AIS requirements only Minor Components within said product and the iron or Steel components of the product must be produced domestically. Valves and hydrants are also subject to the cost ceiling requirements described here. Examples of Minor Components could include items such as pins and springs in valves/hydrants, bands/straps in couplings, and other low-cost items such as small fasteners etc. 52.n Municipal Castings - Cast iron or Steel infrastructure products that are melted and cast. They typically provide access, protection, or housing for components incorporated into utility owned drinking water, storm water, wastewater, and solid waste infrastructure. 52.o Primarily Iron or Steel - A product is made of greater than 50 percent iron or Steel on a materials cost basis. An exception to this definition is reinforced precast concrete (see Definitions). All technical specifications and applicable industry standards (e.g. NIST, NSF, AWWA) must be met. If a product is determined to be less than 50 percent iron and/or steel, the AIS requirements do not apply. For example, the cost of a fire hydrant includes: 1. The cost of materials used for the iron portion of a fire hydrant (e.g. bonnet, body and shoe); and 2. The cost to pour and cast to create those components (e.g. labor and energy). Not included in the cost are: 3. The additional material costs for the non-iron or Steel internal workings of the hydrant (e.g. stem, coupling, valve, seals, etc.); and 4. The cost to assemble the internal workings into the hydrant body. 52.p Produced in the United States - The production in the United States of the iron or Steel products used in the project requires that all Manufacturing Processes must take place in the United States, with the exception of metallurgical processes involving refinement of steel additives. 52.q Reinforced Precast Concrete – Reinforced Precast Concrete structures must comply with AIS, regardless of whether it consists of at least 50 percent iron or steel. The reinforcing bar and wire must be Produced in the United States and meet the same standards as for any other iron or Steel product. Additionally, the casting of the concrete product must take place in the United States. The cement and other raw materials used in concrete production are not required to be of domestic origin. If the reinforced concrete is cast at the construction site, the reinforcing bar and wire are considered Construction Materials and must be Produced in the United States. 52.r Steel - An alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements. Metallic elements such as chromium, nickel, molybdenum, manganese, and silicon may be added during the melting of Steel for the purpose of enhancing properties such as corrosion resistance, hardness, or strength. The definition of Steel covers carbon steel, alloy steel, stainless steel, tool steel, and other specialty steels. 52.s Structural Steel - Rolled flanged shapes, having at least one dimension of their cross-section three inches or greater, which are used in the construction of bridges, buildings, ships, railroad rolling stock, and for numerous other constructional purposes. Such shapes are designated as wide-flange shapes, standard I-beams, channels, angles, tees, and zees. Other shapes include but are not limited to, H-piles, sheet piling, tie plates, cross ties, and those for other special purposes. (g) SC-2.02.A – Delete [number] and insert in its place “five.” (h) SC-4.01.A – Delete the last sentence of paragraph. Section 00900 November 2023 10 (i) SC-4.05.C.5 – Paragraph is mandatory for WWD projects. (j) SC-4.05.C.5.a – Add the following at the end of this paragraph: Extreme or unusual weather that is typical for a given region, elevation, or season should not be considered abnormal weather conditions. Requests for time extensions due to abnormal weather conditions will be submitted to the Engineer within five days of the end of the abnormal weather condition event. It is the responsibility of the Contractor to provide the information listed in SC 4.05.C.5.b. (k) SC-6.01 – Disregard EJCDC Guidance Notes – Performance and Payment Bonds, Note 1. Performance and Payment Bonds are required for WWD projects. (l) SC-6.01 – EJCDC Guidance Notes – “Other Bonds,” Warranty Bond, Note 1. RD does not require a Warranty Bond, and RD will not accept a Warranty Bond in place of a Performance and Payment Bond. The decision to include a Warranty Bond is made by the Owner and their counsel. Please refer to EJCDC. (m) SC-7.04.D – Add the following new paragraph immediately after Paragraph 7.04.C: D. All Iron and Steel products must meet American Iron and Steel requirements. (n) SC-7.04.E – Add the following new paragraph immediately after Paragraph 7.04.D: E. For projects utilizing a De Minimis waiver, Contractor shall maintain an itemized list of non-domestically produced iron or steel incidental components and ensure that the cost is less than 5% of total materials cost for project. (o) SC-7.05.A – Amend the third sentence of paragraph by striking out the following words: Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item is permitted, (p) SC-7.05.A.1.a.3 – Amend the last sentence of Paragraph a.3 by striking out “and;” and adding a period at the end of Paragraph a.3. (q) SC-7.05.A.1.a.4 – Delete paragraph in its entirety and insert “Deleted.” (r) SC-7.05.B – Add the following at the end of paragraph: Contractor shall include a Manufacturer’s Certification letter for compliance with American Iron and Steel requirements in support data, if applicable. Refer to Manufacturer’s Certification Letter provided in these Contract Documents. (s) SC-7.06.A.3.a.2 – Remove “and” from the end of paragraph. (t) SC-7.06.A.3.a.3 – Add “; and” to the end of paragraph. (u) SC-7.06.A.3.a.4 – Add the following new paragraph immediately after Paragraph 7.06.A.3.a.3: 4. Comply with American Iron and Steel by providing Manufacturer’s Certification letter of American Iron and Steel compliance, if applicable. Refer to Manufacturer’s Certification Letter provided in these Contract Documents. (v) SC-7.07.A – Amend by adding the following to the end of the paragraph: The total amount of work subcontracted by the Contractor shall not exceed fifty percent of the Contract price without prior approval from the Owner, Engineer and Agency. (w) SC-7.07.B – Delete paragraph in its entirety and insert ”Deleted”. (x) SC-7.07.E – Delete the second sentence of paragraph and insert the following in its place: Owner may not require that Contractor use a specific replacement. (y) SC-7.12.A Amend paragraph by adding the following after “written interpretations and clarifications,”: Manufacturers’ Certifications, Section 00900 November 2023 11 (z) SC-7.16.A.1.c – Amend paragraph by deleting the last period and adding: , including Manufacturer’s Certification letter for any item in the submittal subject to American Iron and Steel requirements and include the Certificate in the submittal. Refer to Manufacturer’s Certification Letter provided in these Contract Documents. (aa) SC-7.16.C.9 – Add new paragraph immediately after Paragraph 7.16.C.8: 9. Engineer’s review and approval of a Shop Drawing or Sample shall include review of Manufacturers’ Certifications in order to document compliance with American Iron and Steel requirements, as applicable. (bb) SC-7.17.F – Add new paragraph immediately after Paragraph 7.17.E: F. Contractor shall certify upon Substantial Completion that all Work and Materials have complied with American Iron and Steel requirements as mandated by Section 746 of Title VII of the Consolidated Appropriations Act of 2017 (Division A - Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017) and subsequent statutes mandating domestic preference. Contractor shall provide said Certification to Owner. Refer to General Contractor’s Certification Letter provided in these Contract Documents. (cc) ARTICLE 11 – Delete the sentence “No suggested Supplementary Conditions in this Article.” (dd) SC-11.02.C – Add new paragraph immediately after Paragraph 11.02.B: C. The Engineer or Owner shall contact the Agency for concurrence on each Change Order prior to issuance. All Contract Change Orders must be concurred on (signed) by Agency before they are effective. (ee) SC-11.03.A.2 - Add new Paragraph 11.03.A.2 immediately after Paragraph 11.03.A, which shall be renamed Paragraph 11.03.A.1: 2. The Engineer or Owner shall contact the Agency for concurrence on each Work Change Directive prior to issuance. Once authorized by Owner, a copy of each Work Change Directive shall be provided by Engineer to the Agency. SC-11.05.B – Add the following at the end of this paragraph: For Owner-authorized changes in the Work, the Contractor will provide the Manufacturer’s Certification(s) for materials subject to American Iron and Steel requirements except when sole-source is specified, in which case the Engineer will provide the Manufacturer’s Certification(s). (ff) SC-11.09.B.2.c – Add new paragraph immediately after Paragraph 11.09.B.2.b: c. Change orders involving materials subject to American Iron and Steel requirements shall include supporting data (name of Manufacturer, city and state where the product was manufactured, description of product, signature of authorized Manufacturer’s representative) in the Manufacturer’s Certification Letter, as applicable. (gg) SC-13.02.C – Delete paragraph in its entirety and insert ”Deleted”. (hh) SC 13.03.E – Delete paragraph in its entirety and replace with SC 13.03.E as shown in the EJCDC C-800 Supplementary Conditions. (ii) ARTICLE 14 – Delete the sentence “No suggested Supplementary Conditions in this Article.” (jj) SC-14.03.G – Add new paragraph immediately after Paragraph 14.03.F: G. Installation of materials that are non-compliant with American Iron and Steel requirements shall be considered defective work. (kk) SC-15.01.B.4 – Add the following language at the end of paragraph: No payments will be made that would deplete the retainage, place in escrow any funds that are required for retainage or invest the retainage for the benefit of the Contractor. (mm) SC-15.01.B.5 – Add new paragraph immediately after Paragraph 15.01.B.4: Section 00900 November 2023 12 5. The Application for Payment form to be used on this Project is EJCDC® C-620. The Agency must approve all Applications for Payment before payment is made. (nn) SC-15.01.B.6 – Add new paragraph immediately after Paragraph 15.01.B.5: 6. By submitting an Application for Payment based in whole or in part on furnishing equipment or materials, Contractor certifies that such equipment and materials are compliant with American Iron and Steel requirements. Manufacturer’s Certification letter for materials satisfy this requirement. Refer to Manufacturer’s Certification Letter provided in these Contract Documents. (oo) SC-15.01.D.1 – Delete paragraph in its entirety and insert the following in its place: The Application for Payment with Engineer’s recommendations will be presented to the Owner and Agency for consideration. If both the Owner and Agency find the Application for Payment acceptable, the recommended amount less any reduction under the provisions of Paragraph 15.01.E will become due twenty (20) days after the Application for Payment is presented to the Owner, and the Owner will make payment to the Contractor. (pp) SC-15.02.A – Amend paragraph by striking out the following text: “7 days after”. (qq) SC-15.03.A – Modify by adding the following after the last sentence: Contractor shall also submit the General (Prime) Contractor’s Certification of Compliance certifying that to the best of the Contractor’s knowledge and belief all substitutes, equals, and all Iron and Steel products proposed in the Shop Drawings, Change Orders, and Partial Payment Estimates, and those installed for the Project, are either Produced in the United States or are the subject of an approved waiver under Section 746 of Title VII of the Consolidated Appropriations Act of 2017 (Division A - Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017) and subsequent statutes mandating domestic preference. (rr) SC-18.11 – Add new paragraph immediately after Paragraph 18.10: 18.11 Tribal Sovereignty A. No provision of this Agreement will be construed by any of the signatories as abridging or debilitating any sovereign powers of the [insert name of Tribe] Tribe; affecting the trust-beneficiary relationship between the Secretary of the Interior, Tribe, and Indian landowner(s); or interfering with the government-to-government relationship between the United States and the Tribe. (ss) SC-19 – Add the following new Article 19 immediately after Article 18: Article 19 - FEDERAL REQUIREMENTS 19.01 Agency Not a Party A. This Contract is expected to be funded in part with funds provided by Agency. Neither Agency, nor any of its departments, entities, or employees, is a party to this Contract. 19.02 Contract Approval A. Owner and Contractor will furnish Owner’s attorney such evidence as required so that Owner’s attorney can complete and execute the “Certificate of Owner’s Attorney” (Exhibit G of this Bulletin) before Owner submits the executed Contract Documents to Agency for approval. B. Agency concurrence is required on both the Bid and the Contract before the Contract is effective. 19.03 Conflict of Interest A. Contractor may not knowingly contract with a Supplier or Manufacturer if the individual or entity who prepared the Drawings and Specifications has a corporate or financial affiliation with the Supplier or Manufacturer. Owner’s officers, employees, or agents shall not engage in the award or administration of this Contract if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: (i) the employee, officer or agent; (ii) any member of their Section 00900 November 2023 13 immediate family; (iii) their partner or (iv) an organization that employs, or is about to employ, any of the above, has a financial interest or other interest in or a tangible personal benefit from the Contractor. Owner’s officers, employees, or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from Contractor or subcontractors. 19.04 Gratuities A. If Owner finds after a notice and hearing that Contractor, or any of Contractor’s agents or representatives, offered or gave gratuities (in the form of entertainment, gifts, or otherwise) to any official, employee, or agent of Owner or Agency in an attempt to secure this Contract or favorable treatment in awarding, amending, or making any determinations related to the performance of this Contract, Owner may, by written notice to Contractor, terminate this Contract. Owner may also pursue other rights and remedies that the law or this Contract provides. However, the existence of the facts on which Owner bases such findings shall be an issue and may be reviewed in proceedings under the dispute resolution provisions of this Contract. B. In the event this Contract is terminated as provided in paragraph 19.04.A, Owner may pursue the same remedies against Contractor as it could pursue in the event of a breach of this Contract by Contractor. As a penalty, in addition to any other damages to which it may be entitled by law, Owner may pursue exemplary damages in an amount (as determined by Owner) which shall not be less than three nor more than ten times the costs Contractor incurs in providing any such gratuities to any such officer or employee. 19.05 Small, Minority and Women’s Businesses A. If Contractor intends to let any subcontracts for a portion of the work, Contractor will take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Affirmative steps will include: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 19.06 Anti-Kickback A. Contractor shall comply with the Copeland Anti-Kickback Act (40 USC 3145) as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Buildings or Public Works Financed in Whole or in Part by Loans or Grants of the United States”). The Act provides that Contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public facilities, to give up any part of the compensation to which they are otherwise entitled. Owner shall report all suspected or reported violations to Agency. 19.07 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended A. Contractor to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as Section 00900 November 2023 14 amended (33 U.S.C. 1251-1387). Violations must be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 19.08 Equal Employment Opportunity A. The Contract is considered a federally assisted construction contract. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” 19.09 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) A. Contractors that apply or bid for an award exceeding $100,000 must file the required certification (RD Instruction 1940-Q Exhibit A-1). The Contractor certifies to the Owner and every subcontractor certifies to the Contractor that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining the Contract if it is covered by 31 U.S.C. 1352. The Contractor and every subcontractor must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the Owner. Necessary certification and disclosure forms shall be provided by Owner. 19.10 Environmental Requirements A. When constructing a Project involving trenching and/or other related earth excavations, Contractor shall comply with the following environmental conditions: 1. Wetlands – When disposing of excess, spoil, or other Construction Materials on public or private property, Contractor shall not fill in or otherwise convert wetlands. 2. Floodplains – When disposing of excess, spoil, or other Construction Materials on public or private property, Contractor shall not fill in or otherwise convert 100-year floodplain areas (Standard Flood Hazard Area) delineated on the latest Federal Emergency Management Agency Floodplain Maps, or other appropriate maps, e.g., alluvial soils on NRCS Soil Survey Maps. 3. Historic Preservation - Applicants shall ensure that Contractors maintain a copy of the following inadvertent discovery plan onsite for review: a. If during the course of any ground disturbance related to any Project, any post review discovery, including but not limited to, any artifacts, foundations, or other indications of past human occupation of the area are uncovered, shall be protected by complying with 36 CFR § 800.13(b)(3) and (c) and shall include the following: i. All Work, including vehicular traffic, shall immediately stop within a 50 ft. radius around the area of discovery. The Contractor shall ensure barriers are established to protect the area of discovery and notify the Engineer to contact the appropriate RD personnel. The Engineer shall engage a Secretary of the Interior (SOI) qualified professional archeologist to quickly assess the nature and scope of the discovery; implement interim measures to protect the discovery from looting and vandalism; and establish broader barriers if further historic and/or precontact properties, can reasonably be expected to occur. Section 00900 November 2023 15 ii. The RD personnel shall notify the appropriate RD environmental staff member, the Federal Preservation Officer (FPO), and State Historic Preservation Office (SHPO) immediately. Indian tribe(s) or Native Hawaiian Organization (NHOs) that have an interest in the area of discovery shall be contacted immediately. The SHPO may require additional tribes or NHOs who may have an interest in the area of discovery also be contacted. The notification shall include an assessment of the discovery provided by the SOI qualified professional archeologist. iii. When the discovery contains burial sites or human remains, the Contractor shall immediately notify the appropriate RD personnel who will contact the RD environmental staff member, FPO, and the SHPO. The relevant law enforcement authorities shall be immediately contacted by onsite personnel to reduce delay times, in accordance with tribal, state, or local laws including 36 CFR Part 800.13; 43 CFR Part 10, Subpart B; and the Advisory Council on Historic Preservation’s Policy Statement Regarding treatment of Burial Sites, Human Remains, or Funerary Objects (February 23, 2007). iv. When the discovery contains burial sites or human remains, all construction activities, including vehicular traffic shall stop within a 100 ft. radius of the discovery and barriers shall be established. The evaluation of human remains shall be conducted at the site of discovery by a SOI qualified professional. Remains that have been removed from their primary context and where that context may be in question may be retained in a secure location, pending further decisions on treatment and disposition. RD may expand this radius based on the SOI professional’s assessment of the discovery and establish broader barriers if further subsurface burial sites, or human remains can reasonably be expected to occur. RD, in consultation with the SHPO and interested tribes or NHOs, shall develop a plan for the treatment of native human remains. v. Work may continue in other areas of the undertaking where no historic properties, burial sites, or human remains are present. If the inadvertent discovery appears to be a consequence of illegal activity such as looting, the onsite personnel shall contact the appropriate legal authorities immediately if the landowner has not already done so. vi. Work may not resume in the area of the discovery until a notice to proceed has been issued by RD. RD shall not issue the notice to proceed until it has determined that the appropriate local protocols and consulting parties have been consulted. vii. Inadvertent discoveries on federal and tribal land shall follow the processes required by the federal or tribal entity. 4. Endangered Species – Contractor shall comply with the Endangered Species Act, which provides for the protection of endangered and/or threatened species and critical habitat. Should any evidence of the presence of endangered and/or threatened species or their critical habitat be brought to the attention of Contractor, Contractor will immediately report this evidence to Owner and a representative of Agency. Construction shall be temporarily halted pending the notification process and further directions issued by Agency after consultation with the U.S. Fish and Wildlife Service. 5. Mitigation Measures – The following environmental mitigation measures are required on this Project: [Insert mitigation measures from the Letter of Conditions here]. 19.11 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) A. Where applicable, for contracts awarded by the Owner in excess of $100,000 that involve the employment of mechanics or laborers, the Contractor will comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, the Contractor will compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is Section 00900 November 2023 16 permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic will be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 19.12 Debarment and Suspension (Executive Orders 12549 and 12689) A. A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 19.13 Procurement of recovered materials A. The Contractor will comply with 2 CFR Part 200.322, “Procurement of recovered materials.” 19.14 American Iron and Steel A. Section 746 of Title VII of the Consolidated Appropriations Act of 2017 (Division A - Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017) and subsequent statutes mandating domestic preference applies an American Iron and Steel requirement to this project. All iron and steel products used in this project must be produced in the United States. The term “iron and steel products” means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and Construction Materials. B. The following waivers apply to this Contract: 1. De Minimis, 2. Minor Components, 3. Pig iron and direct reduced iron, and 4. [add project specific waivers as applicable]. 1.4 ADDITIONAL SPECIAL PROVISIONS FOR CDBG 1.4.1 Equal Employment Opportunity Provisions a. Equal Employment Opportunity (Executive Order 11246). During the performance of this contract, the Contractor agrees as follows: (i) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection of training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. Section 00900 November 2023 17 (ii) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (iii) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Department's contracting officer advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (iv) The contractor will comply with all of the provision of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor. (v) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. (vi) In the event of the contractor's noncompliance with the non- discrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rules, regulations, or order of the Secretary of Labor, or as otherwise provided by law. (vii) The contractor will include the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that each provision will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event the contractor becomes involved in or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the contractor may request the United States to enter into such litigation to protect the interest of the United States. b. Title VII of the Civil Rights Act of 1964. Provides that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. c. Section 109 of the Housing and Community Development Act of 1974. "No person in the United States shall on the ground of race, color, national origin or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under this title. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973 shall also apply to any such program or activity." d. Section 3 of the Housing and Community Development Act of 1968. The contractor will ensure that to the greatest extent feasible opportunities for training and employment arising in connection with this CDBG- assisted project will be extended to project area residents. Further, the contractor will, to the greatest extent feasible, utilize business concerns located in or substantially owned by residents of the project area, in the award of contracts and purchase of services and supplies. e. Minority Business Enterprise. Under the provisions of Executive Order 11246 contractors on federally- funded projects are required to take affirmative steps to assure that minority businesses are used when possible as sources of supplies, equipment, construction and services. Additionally, the contractor must document all affirmative steps taken to solicit minority businesses and forward this documentation along with the names of the minority subcontractors and suppliers to the owner upon request. Section 00900 November 2023 18 f. Nondiscrimination Provision in all Public Contracts Pursuant to Section 49-3-207, MCA, the Contractor certifies that all hiring will be on the basis of merit and qualifications and there will be no discrimination on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental handicap, or national origin. 1.4.2 Uniform Federal Accessibility Standards (UFAS) All design specifications for the construction of any building shall provide access to the physically handicapped in accordance with the Uniform Federal Accessibility Standards and HUD regulations 24 CFR Part 8, "Nondiscrimination Based on Handicap in Federally Assisted Programs and Activities of HUD". 1.4.3 Certification of Compliance with Federal Clean Air and Water Acts (Applicable to Federally Assisted Construction Contracts and Related Sub-Contracts Exceeding $100,000.) During the performance of this contract, the contractor and all subcontractors shall comply with the requirements of the Clean Air Act, as amended, 42 USC 1857 et seq., the Federal W ater Pollution Control Act, as amended, 33 USC 1251 et seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR 15, as amended. 1.4.4 Preconstruction Conference After the contract(s) have been awarded, but before the start of construction, a conference will be held for the purpose of discussion requirements on such matters as project supervision, coordination with city or county officials, on-site inspections, progress schedules and reports, payrolls, payments to contractors, contract change orders, insurance, safety and other items pertinent to the project. The contractor shall arrange to have all supervisory personnel connected with the project on hand to meet with representatives of the engineer and owner to discuss any problems anticipated. 1.4.5 Contract Pricing The cost plus a percentage of cost method of contracting shall not be used. 1.5 ADDITIONAL SPECIAL PROVISIONS FOR SRF 1.5.1 Equal Employment Opportunity and Affirmative Action Requirements on Federally Assisted Construction Contracts NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Specifications" set forth herein. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Goals for minority participation in each trade 2.9% Goals for female participation in each trade 6.9% These goals are applicable to all the contractor's construction work (whether or not it is Federal or Federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and nonfederally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in Section 00900 November 2023 19 each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the contractor's goals shall be a violation of the contract, the Executive Order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number for the subcontractor; employer identification number of the subcontractor, estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed (see form on page 11). 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is the Missoula Covered Area. This notice shall be included in, and shall be a part of, all solicitations for offers and bids on all federal and federally assisted construction contracts or subcontracts. EQUAL OPPORTUNITY CLAUSE The Equal Opportunity Clause published at 41 CFR Part 60-1.4(b) is required to be included in, and is part of, all nonexempt federally assisted construction contracts and subcontracts. The Equal Opportunity Clause shall be considered to be a part of every contract and subcontract required by the regulations in this part to include such a clause, whether or not it is physically incorporated in such contracts. In addition to the clause described above, all federal contracting officers, all applicants, and all non-construction contractors, as applicable, shall include the specifications set forth in this section in all federal and federally assisted construction contracts in excess of $10,000 to be performed in geographical areas designated by the Director pursuant to §60-4.6 of this part and in construction subcontracts in excess of $10,000 necessary in whole or in part to the performance of non-construction Federal contracts and subcontracts covered under the Executive Order. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) 1. As used in these specifications: a. "Covered Area" means the geographical area described in the solicitation from which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal Social Security number used on the employer's quarterly Federal Tax Return, U.S. Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. Section 00900 November 2023 20 3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area, (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables. 4. The contractor shall implement the specific affirmative action standards provided in paragraphs (7)(a) through (p) of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the contractor should reasonably by able to achieve in each construction trade in which it has employees in the covered area. Covered Construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the federal register in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project. The contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses, and telephone numbers of each minority and female off- the-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent Section 00900 November 2023 21 by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the areas which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under (7)(b) above. f. Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on-site supervisory personnel such as superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a contractor's workforce. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. l. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are non-segregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisor's adherence to and performance under the contractor's EEO policies and affirmative action obligations. Section 00900 November 2023 22 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7)(a) through (p). The efforts of a contractor association, joint contractor- union, contractor-community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under (7)(a) through (p) of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the Executive order if a specific minority group of women is under-utilized). 10. The contractor shall not use the goals and timetables of affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The contractor shall not enter into any subcontract with any person or firm debarred from government contracts pursuant to Executive Order 11246. 12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph (7) of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program) 23 Section 00900 November 2023 CONTRACTOR’S NAME, ADDRESS & TELEPHONE NUMBER Return to: USDOL/ESA/OFCCP Denver District Office 1999 Broadway-Suite 1177 P.O. BOX 46550 Denver, CO 80201-6550 _ _ CONTRACTOR’ EMPLOYER ID NUMBER: _ CONTRACT INFORMATION PROJECT AND LOCATION: Dollar Amount of Contract Estimated Start Date Estimated Completion Date Contract No. Geographical Area NOTIFICATION OF SUBCONTRACTS AWARDED (>$10,000) Subcontractors Name, Address, & Phone Number Employer ID Number of Subcontractor Estimated $ Amount of Subcontract Estimated Start Date Estimated Completion Date Section 00900 November 2023 AIS 24 1.5.2 Guidance for Participation By Disadvantaged Business (DBE) Enterprises In United States Environmental Protection Agency Programs of 40 CFR 33. The contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. A. REQUIREMENTS 1. The recipient and prime contractor will exercise good faith efforts to attract and utilize small, minority, and women's business (DBEs) enterprises primarily through outreach, recruitment, and race/gender neutral activities. At a minimum, the recipient and project bidders will follow the six affirmative steps below: a. Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities including placing DBEs on solicitation lists and soliciting them whenever they are potential sources; b. Make information on forthcoming opportunities available to DBEs and arrange time frames and establish delivery schedules, when the requirements of the work permit, which will encourage participation by DBEs; c. Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs; including dividing total requirements, when economically feasible, into small tasks or quantities to permit maximum participation by DBEs; d. Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually; e. Using the services of the Small Business Administration and the Office of Minority Business Enterprise of the U.S. Department of Commerce, as appropriate; and f. Require a. through e. to be taken if subcontracts are awarded. B. FAIR SHARE OBJECTIVE 1. The fair share objective for this project is 2 %MBE's and 3 % WBE's. C. DEFINITIONS 1. Minority Business Enterprise (MBE) is a business concern which is: a. Certified as socially and economically disadvantaged by the Small Business Administration; (1) Socially disadvantaged individuals are those who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities. (2) Economically disadvantaged individuals are those socially disadvantaged individuals whose ability to compete in the free enterprise system is impaired due to diminished capital and credit opportunities, as compared to others in the same business area who are not socially disadvantaged. In determining the degree of diminished credit and capital opportunities, the Small Business Administration shall consider, but not be limited to, the assets and net worth of such socially disadvantaged individuals. Individuals who certify that they are members of named groups (Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, Asian-Indian Americans), are to be considered socially and economically disadvantaged. Economically and socially disadvantaged individuals are deemed to include women. b. Certified as a minority business enterprise by a State or Federal agency; or c. An independent business concern which is at least 51 percent owned and controlled by minority group member(s). (1) A minority group member is an individual who is a citizen of the United States and one of the following: (a) Black American: Section 00900 November 2023 AIS 25 (b) Hispanic American (with origins from Puerto Rico, Mexico, Cuba, South or Central America) (c) Native American (American Indian, Eskimo, Aleut, native Hawaiian); or (d) Asian-Pacific American (with origins from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territories of the Pacific, Northern Marianas, Laos, Cambodia, Taiwan or the Indian subcontinent). (2) In order to satisfy the third criteria of the MBE definition, the minority ownership's interest must be real, substantial and continuing. Such interest is characterized by: (a) Risk of loss/share of profit commensurate with the proportional ownership; and (b) Receipt of the customary incidents of ownership, such as compensation (i.e. salary and other personnel compensation). (3) A minority owner must have and exercise control of the business decisions. Characteristics of control include, but are not limited to: (a) Authority to sign bids and contracts; (b) Decisions in price negotiations; (c) Incurring liabilities for the firm; (d) Final staffing decisions; (e) Policy-making; and (f) General company management decisions. (4) Only those firms performing a useful business function according to custom and practice in the industry are qualified as MBEs. Acting merely as a passive conduit of funds to some other firm where such activity is unnecessary to accomplish the project does not constitute a "useful business function according to custom and practice in the industry." The purpose of this approach is to discourage the use of MBE "fronts" and limit the creation of an artificial supplier and broker marketplace. 2. Women's Business Enterprise (W BE) is a business which is certified as such by a State or Federal agency, or which meets the following definition: "A women's business enterprise is an independent business concern which is at least 51 percent owned by a woman or women, who also control and operate it. Determination of whether a business is at least 51 percent owned by a woman or otherwise qualified WBE which is 51 percent owned by a married woman in a community property State will not be disqualified because her husband has a 50 percent interest in her share. Similarly, a business which is 51 percent owned by a married man and 49 percent owned by an unmarried woman will not become a qualified WBE by virtue of his wife's 50 percent interest in his share of the business." As in the case of a MBE, only United States citizens will be deemed to be W BEs. Similar to the MBE criteria, WBE should meet the criteria cited in subparagraphs C.1.c.(2), (3), and (4). 3. Fair Share or Fair Share Objective A fair share or a fair share objective is an amount of funds reasonably commensurate with the total project funding and the availability of qualified MBEs and W BEs, taking into account experience on EPA-funded projects and other comparable projects in the area. A fair share objective does not constitute an absolute requirement, but a commitment on the part of the bidder to exercise good faith efforts as defined in this section to use MBEs and W BEs to achieve the fair share objective. 4. Small Business (SBE). Any business entity, including its affiliates, that is independently owned and operated, and not dominant in its field of operations in which it is bidding on Government contracts, and qualified as a small business under the criteria and size standards set forth in 13 CFR Part 121. 5. Small Business in a Rural Area. A small business in a rural area (SBRA) is a business entity meeting the definition of a small business, and is located and conducts its principal operations in a geographical area (county) listed in the Small Business Administration's Listing of Non-Metropolitan Counties by State. 6. Recipient. A party receiving SRF financial assistance. Section 00900 November 2023 AIS 26 7. Project. The work financed through an SRF loan. 8. Bidder. A party seeking to obtain a contract with a recipient through a competitive, advertised, sealed bid process. 9. Offeror. A party seeking to obtain a contract with a recipient through a negotiative procurement process. 10. Prime Contractor. A party that has obtained a contract with a recipient through a competitive, advertised, sealed bid process. 11. Good Faith Efforts. Good faith efforts by a recipient, prime contractor, and/or bidder/offeror means efforts to attract and utilize SBEs, MBEs, and W BEs (DBEs) primarily through outreach, recruitment, and race/gender neutral activities. The following are examples of activities to assist recipients, prime contractors and/or bidders/offerors to comply with good faith efforts. a. Include qualified SBEs, MBEs, and W BEs on solicitation lists. (1) Maintain and update a listing of qualified SBEs, MBEs, and W BEs and SBRAs that can be solicited for supplies, construction and/or services. (2) Provide listings to all interested parties who requested copies of the bidding or proposing documents. (3) Contact appropriate sources within your geographic area and State to identify qualified MBEs and WBEs for placement on your minority and women's business listings. (4) Utilize other MBE/WBE listings such as those of the State's Minority Business Office, the Small Business Administration, Minority Business Development Agency, US EPA- Office of Small and Disadvantaged Business Utilization (OSDBU) and the Department of Transportation. (5) Have the State environmental agency personnel review this solicitation list. b. Ensure that SBEs, MBEs, and W BEs are solicited. (1) Conduct meetings, conferences, and follow-ups with SBEs, MBEs, W BEs, and SBRAs, small, minority and/or women's business associations, minority media, etc., to inform these groups of opportunities to provide supplies, services, and construction. (2) MBE utilization is facilitated if the recipient or prime contractor advertises through the minority media. Such advertisements may include, but are not limited to, contracting and subcontracting opportunities, hiring and employment, or any other matter related to the project. (3) Conduct pre bid, pre-solicitation, and post-award conferences to ensure that consultants, suppliers, and builders solicit SBEs, MBEs, WBEs, and SBRAs. (4) Provide bidders and offerors with listings of qualified SBEs, MBEs, W BEs, and SBRAs and establish that a fair share of contracts/procurements should be awarded to these groups. (5) Advertise in general circulation, trade publications, State agency publications of identified source, minority or women's business focused media, etc., concerning contracting opportunities on your projects. Maintain a list of minority or women's business-focused publications that may be utilized to solicit MBEs or WBEs. (6) Provide interested SBEs, MBEs, W BEs, or SBRAs with adequate information about plans, specifications, timing and other requirements of the proposed projects. (7) Provide SBE, SBRA, MBE or WBE trade organizations with succinct summaries of solicitations. (8) Notify SBEs, MBEs, WBEs, or SBRAs of future procurement opportunities so that they may establish bidding solicitations and procurement plans. c. Make information on forthcoming opportunities available to DBEs and arrange time frames and establish delivery schedules, where requirements of the work permit, which will encourage participation by SBEs, MBEs, W BEs and SBRAs. (1) Consider lead times and scheduling requirements often needed by SBE, MBE, WBE or SBRA participation. Section 00900 November 2023 AIS 27 (2) Develop realistic delivery schedules which may provide for greater SBE, MBE, WBE or SBRA participation. (3) Whenever possible, post solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date d. Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs; including dividing total requirements when economically feasible, into small tasks or quantities to permit maximum participation of SBEs, MBEs, W BEs and SBRAs. (1) Perform an analysis to identify portions of work that can be divided and performed by qualified SBEs, MBEs, W BEs and SBRAs. (2) Scrutinize the elements of the total project to develop economically feasible units of work that are within the bonding range of SBEs, MBEs, W BEs and SBRAs. (3) Analyze bid packages for compliance with the good faith efforts to afford SBEs, MBEs, W BEs and SBRAs maximum participation. (4) Encourage contracting with a consortium of SBEs, MBEs, W BEs, and SBRAs when a contract is too large for one of these firms to handle individually e. Use the services and assistance of the Small Business Administration and the Minority Business Development Agency of the US Department of Commerce, as appropriate. (1) Use the services of outreach programs sponsored by the Minority Business Development Agency and/or the Small Business Administration to recruit bona fide firms for placement on SBEs', MBEs', W BEs', or SBRAs' bidders lists to assist these firms in the development of bid packaging. (2) Seek out Minority Business Development Centers (MBDCs) to assist recipients and prime contractors in identifying MBEs for potential work opportunities on this project. f. If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs a. through e. of this section. D. ADDITIONAL CONTRACT PROVISIONS 1. The prime contractor must pay its subcontractors for satisfactory performance no more than 30 days from the prime contractor’s receipt of payment from the owner. 2. The prime contractor must notify the owner in writing prior to any termination of a DBE subcontractor for convenience. 3. If a DBE subcontractor fails to complete work under the subcontract for any reason, the prime contractor must employ the six good faith efforts if soliciting a replacement subcontractor, even if the fair share objectives have already been achieved. E. REPORTING 1. Bidders/offerors shall demonstrate compliance with “good faith” efforts in order to be deemed responsible. Efforts could include maintaining phone/mail logs (see attached MBE/WBE Subcontractor Solicitation Sheet), submitting proof of DBE solicitation advertisements, completion of the on-line DBE quote request form located at https://app.mdt.mt.gov/dbeqt/, etc.. The owner may specify other methods of demonstrating compliance. 2. Documentation of a “good faith” effort should be submitted with the bid, or within seven (7) calendar days of the bid opening. Section 00900 November 2023 MBE/WBE SUBCONTRACTOR SOLICITATION INFORMATION Name, Address & Phone No. of Subcontractor Contacted Date Request for Quote Sent Description of Work Offered Date of Phone Follow-up & Person Contacted Amount of Quote or Reason for Not Quoting* Quote Accepted? If not, list reason for rejection Indicate MBE, WBE, or other Subcontractor * - Use additional sheets if necessary. The undersigned hereby certifies that the above information is true and correct: Contractor: By: Signature Date: Title 28 Section 00900 November 2023 29 1.5.3 Certification Regarding Debarment, Suspension and Other Responsibility Matters A. INSTRUCTIONS Under Executive Order 12549, an individual or organization debarred or excluded from participation in Federal assistance or benefit programs may not receive any assistance award under a Federal program, or a subagreement thereunder for $25,000 or more. The status of prospective individuals or organizations can be checked at: https://www.sam.gov A prospective prime contractor must submit a completed certification (see form on the following page) or explanation to the project owner for the project. Each prospective subcontractor must submit a completed certification or explanation to the prime contractor for the project. B. HOW TO OBTAIN FORMS Additional forms may be obtained from the State or may be reproduced. Section 00900 November 2023 30 SRF Project Number United States Environmental Protection Agency Washington, DC 20460 Certification Regarding Debarment, Suspension, and Other Responsibility Matters The prospective participant certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. Typed Name & Title of Authorized Representative Signature of Authorized Representative Date I am unable to certify to the above statements. My explanation is attached. Section 00900 November 2023 ` 31 1.5.4 Prohibition against Listed Violated Facilities A. REQUIREMENTS (1) To comply with all the requirements of section 114 of the Clean Air Act, as amended (42 U.S.C. 1857, et seq., as amended by Pub. L. 92-604) and section 308 of the Clean Water Act (33 U.S.C. 1251, as amended), respectively, which relate to inspection, monitoring, entry, reports, and information, as well as other requirements specified in section 114 and section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder before the award of this contract. (2) That no portion of the work required by this prime contract will be performed in a facility listed on the Environmental Protection Agency list of violating facilities on the date when this contract was awarded unless and until the EPA eliminates the name of such facility or facilities from the listing. (3) To use his best efforts to comply with clean air and clean water standards at the facilities in which the contract is being performed. (4) To insert the substance of the provisions of this clause, including this paragraph (4), in any nonexempt subcontract. B. DEFINITIONS (1) Air Act means the Clean Air Act, as amended (42 U.S.C. 1857 et seq.). (2) Water Act means the Clean Water Act, as amended (33 U.S.C. 1251 et seq.). (3) Clean Air Standards means any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohibitions, or other requirements which are contained in, issued under, or otherwise adopted under the Air Act or Executive Order 11738, an applicable implementation plan as described in section 110 (d) of the Air Act (42 U.S.C. 1857c-5(d)), an approved implementation procedure or plan under section 111 (c) or section 111(d), or an approved implementation procedure under section 112(d) of the Air Act (42 U.S.C. 1857c-7(d)). (4) Clean Water Standards means any enforceable limitation, control, condition, prohibition, standard, or other requirement which is promulgated under the Water Act or contained in a permit issued to a discharger by the Environmental Protection Agency or by a State under an approved program, as authorized by section 402 of the Water Act (33 U.S.C. 1342), or by a local government to ensure compliance with pretreatment regulations as required by section 307 of Water Act (33 U.S.C. 1317). (5) Compliance means compliance with clean air or water standards. Compliance shall also mean compliance with a schedule or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency in accordance with the requirements of the Air Act or Water Act and regulations. (6) Facility means any building, plant, installation, structure, mine, vessel, or other floating craft, location, or site of operations, owned, leased, or supervised by a contractor or subcontractor, to be used in the performance of a contract or subcontract. Where a location or site of operations contains or includes more than one building, plant, installation, or structure, the entire location or site shall be deemed to be a facility except where the Director, Office of Federal Activities, Environmental Protection Agency, determines that independent facilities are located in one geographical area. 1.5.5 Discovery of Archaeological and other Historical Items In the event of an archaeological find during any phase of construction, the following procedure will be followed: (1) Construction shall be halted, with as little disruption to the archaeological site as possible. (2) The Contractor shall notify the Owner who shall contact the State Historical Preservation Officer. Section 00900 November 2023 ` 32 (3) The State Historical Preservation Officer may decide to have an archaeologist inspect the site and make recommendations about the steps needed to protect the site, before construction is resumed. (4) The entire event should be handled as expediently as possible in order to hold the loss in construction time to a minimum while still protecting archaeological finds. A similar procedure should be followed with regard to more recent historical resources. Should any artifacts, housing sites, etc., be uncovered, the same procedure should be followed as for an archaeological find. In the event archaeological/historical data are evaluated to meet National Register criteria, the Advisory Council on Historic Preservation may be notified and asked to comment. 1.5.6 Williams-Steiger Occupational Safety and Health Act of 1970 A. AUTHORITY (1) The contractor is subject to the provisions of the Williams-Steiger Occupational Safety and Health Act of 1970. (2) These construction documents and the joint and several phases of construction hereby contemplated are to be governed, at all times, by applicable provisions of the Federal law(s) , including but not limited to the latest amendment of the following: a. W illiams-Steiger Occupational Safety and Health Act of 1970, Public Law 94-596; b. Part 1910 - Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of Federal Regulations; c. Part 1926 - Safety and Health Regulations for Construction, Chapter XVII of Title 29, Code of Federal Regulations. B. SAFETY AND HEALTH PROGRAM REQUIREMENTS (1) This project, its prime contractor and its subcontractors, shall at all times be governed by Chapter XVII of Title 29, Code of Federal Regulations, Part 1926 - Safety and Health Regulations for Construction (29 CFR 22801), as amended to date. (2) To implement the program and to provide safe and healthful working conditions for all persons, general project safety meetings will be conducted at the site at least once each month during the course of construction, by the construction superintendent or his/her designated safety officer. Notice of such meeting shall be issued not less than three (3) days prior, stating the exact time, location, and agenda to be included. Attendance by the owner, architect, general foreman, shop steward(s), and trades, or their designated representatives, witnessed in writing as such, shall be mandatory. (3) To further implement the program, each trade shall conduct a short gang meeting, not less than once a week, to review project safety requirements mandatory for all persons during the coming week. The gang foreman shall report the agenda and specific items covered to the project superintendent, who shall incorporate these items in his/her daily log or report. (4) The prime contractor and all subcontractors shall immediately report all accidents, injuries, or health hazards to the owner and architect, or their designated representatives, in writing. This shall not obviate any mandatory reporting under the provisions of the Occupational Safety and Health Act of 1970. (5) This program shall become a part of the contract documents and the contract between the owner and prime contractor, prime contractor and all subcontractors, as though fully written therein Section 00900 November 2023 ` 33 1.5.7 Wage Determination The Contractor and all subcontractors shall pay for all labor employed at no less than the minimum standard prevailing rate of wages for each classification, which shall be the higher of either the Montana Prevailing Wage Rates or the Federal Davis-Bacon Prevailing Wage Rates. Please refer to EXHIBIT C for Federal Labor Standards Provisions for Federally Assisted Construction Contracts. If you have a question about complying with the prevailing wage regulations (occupations, payroll forms, payment of fringe benefits, travel or per diem, etc.), you should contact the Labor Standards Bureau Wage and Hour Unit of the Montana Department of Labor and Industry or visit their website: http://dli.mt.gov/ 1.5.8 Access 1. The recipient must insure that representatives of the Environmental Protection Agency and the State will have access to project records and the project work whenever it is in preparation or progress and must provide proper facilities for such access and inspection. The recipient must allow the Regional Administrator, the Comptroller General of the United States, the State agency, or any authorized representative, to have access to any books, documents, plans, reports, papers, including records of contractors which are pertinent to the project for the purpose of making audit, examination, excerpts, copies, and transcriptions thereof. The recipient must insure that a party to a subagreement will afford access to such project work, sites, documents, and records. 1.5.9 Construction Site Erosion and Sediment Control Measures Every effort shall be made by the contractors and subcontractors to prevent and correct problems associated with erosion and runoff processes which could occur during and after project construction. The efforts should be consistent with applicable local ordinances, the EPA Nonpoint Source Pollution Control Guidance and Department of Environmental Quality Stormwater Management Plan. Wherever appropriate, the contractor's efforts shall reflect the following engineering principles: 1. W hen appropriate, land grading and excavating should be kept at a minimum to reduce the possibility of creating runoff and erosion problems which require extensive control measures. 2. Whenever possible, topsoil should be removed and stockpiled before grading begins. 3. Land exposure should be minimized in terms of area and time. 4. Exposed areas subject to erosion should be covered as quickly as possible by means of mulching or vegetation. 5. Natural vegetation should be retained whenever feasible. 6. Appropriate structural or agronomic practices to control runoff and sedimentation should be provided during and after construction. 7. Early completion of stabilized drainage systems (temporary and permanent systems) will substantially reduce erosion potential. 8. Roadways and parking lots should be paved or otherwise stabilized as soon as feasible. 9. Clearing and grading should not be started until a firm construction schedule is known and can be effectively coordinated with the grading and clearing activity. Section 00900 November 2023 ` 34 1.5.10 American Iron and Steel (AIS) Requirements On January 17, 2014, H.R. 3547, “Consolidated Appropriations Act, 2014,” (Public Law 113-76, Section 436) was enacted. This law provides appropriations for both the Clean Water State Revolving Fund and the Drinking Water State Revolving Fund for federal fiscal year 2014, while adding an American iron and steel requirement to these already existing programs. The Act includes a provision for "Use of American Iron and Steel," in Section 436(a)(1). None of the funds made available by a State water pollution control revolving fund as authorized by title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) or made available by a drinking water treatment revolving loan fund as authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products permanently incorporated in the project are produced in the United States. The term “iron and steel products” means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, rebar, and construction materials. The iron and steel products used in the project must comply with the American Iron and Steel requirements of Section 436 of the Consolidated Appropriations Act of 2014 (P.L. 113-76) and as further interpreted by applicable EPA guidance (see http://water.epa.gov/grants_funding/aisrequirement.cfm). AIS CERTIFICATION FORMS – The Contractor must ensure that all qualifying iron and steel components used in the project have met the AIS requirements. To verify AIS compliance, the Contractor must obtain a “Manufacturer Certification” form (or equivalent statement) from the product manufacturer. Upon completion of the project, the Contractor shall provide the Owner with the “Contractor Certification” form and copies of all “Manufacturer Certification” forms and/or statements. The referenced certification forms are located in Exhibit E of Section 00900. AIS WAIVERS - A waiver from the American Iron and Steel requirements may be issued by the Administrator of the Environmental Protection Agency if it is found that: 1) applying the American Iron and Steel provisions would be inconsistent with the public interest; 2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or 3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. Waiver requests must be submitted to the state for review and submittal to the EPA. NATIONAL AIS WAIVERS - The EPA has issued the following national waivers; 1) De Minimis (April 15, 2014); 2) Product Waiver for Pig Iron and Direct Reduced Iron (February 18, 2015); 3) Minor Components in Iron and Steel Products (October 27, 2015). 1.5.11 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment This term and condition implements 2 CFR 200.216 and is effective for obligations and expenditures of EPA financial assistance funding on or after 8/13/2020. As required by 2 CFR 200.216, EPA recipients and subrecipients, including borrowers under EPA funded revolving loan fund programs, are prohibited from obligating or expending loan or grant funds 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 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 or services means any of the following: a. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). Section 00900 November 2023 ` 35 b. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). c. Telecommunications or video surveillance services provided by such entities or using such equipment. d. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Certain prohibited equipment, systems, or services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in the System for Award Management exclusion list. 1.6 ADDITIONAL SPECIAL PROVISIONS FOR ARPA If the project is funded solely by ARPA, the American Iron and Steel requirements in 1.3.4 and 1.5.10 of this agreement do not apply. The Federal Labor Standards Provisions (Davis-Bacon) do not apply to projects funded solely by ARPA. 1.7 EXHIBITS Section 00900 November 2023 EXHIBIT A Project Sign Detail Section 00900 November 2023 RD PROJECT SIGN TEMPORARY CONSTRUCTION SIGN SIGN DIMENSIONS: 1200mm x 2400mm x 19mm (approx. 4’ x 8’ x 3/4 “) Financed by: United States Department of Agriculture (USDA) Rural Development Montana Water Pollution Control State Revolving Fund (WPCSRF) Program (DEQ & DNRC) Montana Department of Commerce Treasure State Endowment Program Montana DNRC Renewal Resource Grant and Loan Program Joe Biden, President of the United States Tom Vilsack, Secretary of Agriculture Signature Letters (Black) PROJECT OWNER ENGINEER CONTRACTOR USDA is an equal opportunity provider, employer, and lender. Black Lettering White Background Lettering (Green, PMS 343) Black Lettering Symbol & Letters (Teal, PMS 322) Symbol Letters (Blue, PMS 288) Symbol Fields (Green, PMS 343) EXHIBIT A-1 SRF Project Sign Detail SRF PROJECT SIGN PROJECT FUNDING SOURCES & AMOUNTS: • State Revolving Fund (EPA/DEQ/DNRC) ….……….……..…$ • MDNRC – RRGL Program……..……$ • MDOC – MCEP…………..……………..$ • Local Resources…………….…….……$ 8’ • PROVIDE TREATED REDWOOD 4X4 SUPPORTS FOR SIGN (BOTH ENDS) AND KEEP SIGN A PROPER DISTANCE ABOVE PREVAILING GRADE TO PERMIT VIEWING • MUST NOT BE WITHIN ROAD RIGHT-OF-WAY • EXTERIOR TYPE PLYWOOD SUITABLE FOR SIGN 4’ WATER SYSTEM IMPROVEMENT PROJECT OWNER ENGINEER CONTRACTOR TOTAL PROJECT COST: $ Black Lettering White Background Project Title EXHIBIT A-2 BIL Project Sign Detail Investing In America Signage (BIL) 72 in. 48 in. PROJECT FUNDED BY President Joe Biden’s Bipartisan Infrastructure Law Blue Lettering White Background 12 in. 48 in. 15 in. 3.5 in. 7 in. 11.75 in. 7 in. 7 in . 3. 5 in . 3. 5 in . 7 in . 3.5 in. 7 in. 21 in. 3.5 in. 7 in. 7 in . EXHIBIT B (Required for CDBG Projects) HUD Form 4010-Federal Labor Standards Provisions EXHIBIT C (Required for SRF Projects) Federal Labor Standards Provisions For Federally Assisted Construction Contracts United States Department of Labor CFR Code of Federal Regulations Pertaining to ESA (Federal Davis-Bacon Wages) Federal Labor Standards Provisions For Federally Assisted Construction Contracts United States Department of Labor CFR Code of Federal Regulations Pertaining to ESA (Federal Davis-Bacon Wages) Title 29, Chapter I, Part 5, Subpart A (29 CFR 5.5) Section Name: Contract provisions and related matters. (a) The Recipient shall assure that the subrecipient(s) shall insert in full in any contract in excess of $2,000 which is entered into for the actual construction, alteration or repair, including painting and decorating, of a treatment work under the CWSRF or a construction project under the DWSRF financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in § 5.1 or the applicable FY appropriation requirements, the following clauses: (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 Sec. 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. (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 W age and Hour Division, Employment Standards Administration, 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 loan or grant recipient 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, or helper, employed or working on 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), all or part of the wages required by the contract, the (Agency or SRF program) 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 (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the SRF program if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to the SRF program. The payrolls submitted 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 weekly transmittals. 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 SRF program if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may be, for transmission to the SRF program, 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 sponsoring government agency (or the applicant, sponsor, or owner). (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 Sec. 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under Sec. 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 loan or grant recipient 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 may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees (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 W age 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. (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 SRF program may by appropriate instructions require, 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 the contracting agency, 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. (b) Contract Work Hours and Safety Standards Act. The Agency Head shall cause or require the contracting officer to insert the following clauses set forth in paragraphs (b)(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 Sec. 5.5(a) or 4.6 of part 4 of this title. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The loan or grant recipient 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 any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section. (c) In addition to the clauses contained in paragraph (b), in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in Sec. 5.1, the Agency Head shall cause or require the contracting officer to insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Agency Head shall cause or require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the loan or grant recipient and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. https://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=99c9a20e960f56be66f17ae91b52c888&rgn=div5&view=text&node=29:1.1.1.1.6&idno=29 EXHIBIT D (Required for SRF Projects) Reserved EXHIBIT E American Iron and Steel (AIS) Forms MT DEQ and Rural Development CONTRACTOR CERTIFICATION Consolidated Appropriations Act, 2014 USE OF AMERICAN IRON AND STEEL On January 17, 2014, H.R. 3547, “Consolidated Appropriations Act, 2014,” (Public Law 113-76, Section 436) was enacted. This law provides appropriations for both the Clean Water State Revolving Fund and the Drinking Water State Revolving Fund for federal fiscal year 2014, while adding an American iron and steel requirement to these already existing programs. The Act includes a provision for "Use of American Iron and Steel," in Sec. 436(a)(1). None of the funds made available by a State water pollution control revolving fund as authorized by title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) or made available by a drinking water treatment revolving loan fund as authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products permanently incorporated in the project are produced in the United States. As the general contractor for the project(s) using revolving loan funds, the undersigned attests that they have performed the necessary oversight to ensure this provision was met on the project(s) being funded. I, the undersigned authorized representative of , do hereby certify that all materials and supplies used on the project(s) have complied with the above provision of the Consolidated Appropriations Act. Project Name , DEQ Loan Project Number , Authorized Signature , Date , Title , Print Name MANUFACTURER CERTIFICATION Consolidated Appropriations Act, 2014 USE OF AMERICAN IRON AND STEEL On January 17, 2014, H.R. 3547, “Consolidated Appropriations Act, 2014,” (Public Law 113-76, Section 436) was enacted. This law provides appropriations for both the Clean Water State Revolving Fund and the Drinking Water State Revolving Fund for federal fiscal year 2014, while adding an American iron and steel requirement to these already existing programs. The Act includes a provision to for "Use of American Iron and Steel," in Section 436(a)(1). None of the funds made available by a State water pollution control revolving fund as authorized by title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) or made available by a drinking water treatment revolving loan fund as authorized by section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products permanently incorporated in the project are produced in the United States. This certification applies to the following specific iron and steel products to be incorporated into this project: Manufacturer Name: Material/Product Description: Location of factory where these products will be manufactured: As a manufacturer for the project(s) using revolving loan funds, the undersigned attests that they have performed the necessary oversight to ensure this provision was met on the project(s) being funded. I, the undersigned authorized representative of , do hereby certify that all qualifying iron and steel products purchased for or used on the project(s) have complied with the above provision of the Consolidated Appropriations Act. Project Name , DEQ Loan Project Number , Authorized Signature , Date , Title , Print Name . CERTIFICATE OF OWNER’S ATTORNEY AND AGENCY CONCURRENCE Notes to User: This exhibit consists of two certificates, on a single page, to be attached to the Contract and signed upon execution. The first is a certificate to be signed by the Owner’s attorney and the second is the concurrence to be signed by the State Engineer. This page is to be inserted after the Agreement between Owner and Contractor for Construction Contract (Stipulated Price) (EJCDC C-520, 2018) in the Construction Contract Documents. CERTFICATE OF OWNER’S ATTORNEY PROJECT NAME: CONTRACTOR NAME AND CONTRACT NUMBER: I, the undersigned, , the duly authorized and acting legal representative of , do hereby certify as follows: I have examined the attached Contract(s) and performance and payment bond(s) and the manner of execution thereof, and I am of the opinion that each of the aforesaid agreements is adequate and has been duly executed by the proper parties thereto acting through their duly authorized representatives; that said representatives have full power and authority to execute said agreements on behalf of the respective parties named thereon; and that the foregoing agreements constitute valid and legally binding obligations upon the parties executing the same in accordance with the terms, conditions, and provisions thereof. Name Date AGENCY CONCURRENCE As lender or insurer of funds to defray the costs of this Contract, and without liability for any payments thereunder, the Agency hereby concurs in the form, content, and execution of this Agreement. Agency Representative Date Name RUS Bulletin 1780-26 Exhibit A, Attachment 1 Page 1 INFORMATIONAL CHECKLIST FOR PROJECT-SPECIFIC WAIVER REQUESTS Notes to User: This exhibit is a checklist that is to be completed by the Owner and/or Engineer to help ensure that all appropriate and necessary information is submitted with the request to USDA. All information presented in waiver requests are subject to evaluation. Waiver requests deliberately containing false information will be rejected. INFORMATIONAL CHECKLIST FOR PROJECT SPECIFIC WAIVER REQUEST Information □ General • Waiver request includes the following information: o Description of the foreign and domestic Construction Materials o Unit of measure o Quantity o Price o Date that product is needed (e.g. time of delivery or availability) o Location of the construction project o Name and address of the proposed Supplier o A detailed justification for the use of foreign Construction Materials • Waiver request was submitted according to the instructions in the memorandum • Assistance recipient made a good faith effort to solicit bids for domestic Iron and Steel products, as demonstrated by language in requests for proposals, contracts, and communications with the prime □ □ □ □ □ □ □ □ □ □ Public Interest Waiver Request • Applicants and their Engineers will submit a written justification demonstrating definitive impacts on the community if a specified product is not utilized. □ Cost Waiver Requests • Waiver request includes the following information: o Comparison of overall cost of project with domestic Iron and Steel products to overall cost of project with foreign Iron and Steel products o Relevant excerpts from the bid documents used by the Contractors to complete the comparison o Supporting documentation indicating that the Contractor made a reasonable survey of the market, such as a description of the process for identifying Suppliers and a list of contacted Suppliers □ □ □ Availability Waiver Requests • Waiver request includes the following supporting documentation necessary to demonstrate the availability, quantity, and /or quality of the materials for which the waiver is requested: o Supplier information or pricing information from a reasonable number of domestic Suppliers indicating availability/delivery date for Construction Materials o Documentation of the assistance recipient's efforts to find available domestic sources, such as a description of the process for identifying Suppliers and a list of contacted Suppliers. o Date that product is needed (e.g. time of delivery or availability) to provide justification o Relevant excerpts from project Drawings, Specifications, and permits indicating the required quantity and quality of Construction Materials • Waiver request includes a statement from the prime Contractor and/or Supplier confirming the non-availability of the domestic Construction Materials for which the waiver is sought • Has the State received other waiver requests for the materials described in this waiver request for comparable projects? □ □ □ □ □ □ RUS Bulletin 1780-26 Exhibit A, Attachment 2 Page 1 AMERICAN IRON AND STEEL DE MINIMIS LIST FORMAT Notes to User: This exhibit is an example format for Contractors to use in maintaining a list of items to document the use of the De Minimis waiver of the American Iron and Steel requirements. This list or similar is required to be filled out throughout the construction Contract as needed. The State Engineer may periodically ask to review this information. At the Contract completion, this list, along with all Manufacturers’ certifications, are to be given to the Engineer for delivery to the Owner. DE MINIMIS COSTING WORKSHEET Project Name: Contract Name/# (if more than one) Contractor (Company Name): Representative: Date: Total Cost of All Materials (or Estimated Value at 50% of the Installed Bid Price): $ Allowable Total De Minimis Costs (5% of all materials) $ Total Cost of all De Minimis Items $ Remaining Amount Allowed for Future De Minimis Items $ Note: No single De Minimis item can be more than 1% of the total material cost. No. Detailed Description and Manufacturer or Local Source of De Minimis Material Quantity Cost Per Item Total Item Cost 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RUS Bulletin 1780-26 Exhibit A, Attachment 3 Page 1 GENERAL (PRIME) CONTRACTOR’S CERTIFICATION OF COMPLIANCE Notes to User: This exhibit is the sample General (Prime) Contractor’s Certification of Compliance with the American Iron and Steel requirements to be provided by all General (Prime) Contractors to Engineer for delivery to the Owner at Substantial Completion. GENERAL (PRIME) CONTRACTOR’S CERTIFICATION OF COMPLIANCE WITH PROVISIONS OF THE AMERICAN IRON AND STEEL REQUIREMENTS OF SECTION 746 OF TITLE VII OF THE CONSOLIDATED APPROPRIATIONS ACT OF 2017 (DIVISION A - AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2017) AND SUBSEQUENT STATUTES MANDATING DOMESTIC PREFERENCE DATE: RE: PROJECT NAME APPLICANT CONTRACT NUMBER I hereby certify that to the best of my knowledge and belief all Iron and Steel products installed for this project by my company and by any and all subcontractors and Manufacturers my company has contracted with for this project comply with Section 746 of Title VII of the Consolidated Appropriations Act of 2017 (Division A - Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017) and subsequent statutes mandating domestic preference or are the subject of a waiver approved by the Secretary of Agriculture or designee. Name of Construction Company (PRINT) By Authorized Representative (SIGNATURE) Title RUS Bulletin 1780-26 Exhibit A, Attachment 4 Page 1 MANUFACTURER’S CERTIFICATION OF COMPLIANCE Notes to User: This exhibit is the sample Manufacturer’s Certification of Compliance with the American Iron and Steel requirements to be provided by all Manufacturers of American Iron and Steel covered items, to be submitted by Contractor to the Engineer with the corresponding Shop Drawing submittal for delivery to the Owner at Substantial Completion. EXAMPLE OF A MANUFACTURER’S CERTIFICATION OF COMPLIANCE WITH PROVISIONS OF THE AMERICAN IRON AND STEEL (AIS) REQUIREMENTS OF SECTION 746 OF TITLE VII OF THE CONSOLIDATED APPROPRIATIONS ACT OF 2017 (DIVISION A - AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2017) AND SUBSEQUENT STATUTES MANDATING DOMESTIC PREFERENCE Date: Company Name: Company Address: Subject: American Iron and Steel (AIS) Certification for Project (X), Owner’s Name, and Contract Number I, (company representative), certify that the (melting, bending, galvanizing, cutting, etc.) processes for (manufacturing or fabricating) the following products and/or material shipped or provided for the subject project is in full compliance with the AIS requirement as mandated by Section 746 of Title VII of the Consolidated Appropriations Act of 2017 (Division A - Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017) and subsequent statutes mandating domestic preference. Item, Products and/or Materials, and location of delivery (City, State): 1. 2. Such processes for AIS took place at the following location: (City, State) Authorized Company Representative Signature Notes: Authorized signature will be Manufacturer’s representative, not the material distributor or Supplier. If any of the above compliance statements change while providing materials to this project, please immediately notify the person(s) who is requesting to use your product(s). RUS Bulletin 1780-26 Exhibit A, Attachment 5 Page 1 ENGINEER’S CONSTRUCTION CERTIFICATIONS Notes to User: This exhibit consists of four statements that will be certified by the Engineer, to be executed and then submitted to the Agency concurrently with the construction Contract Document package. This certification is to be submitted to the Agency prior to Authorization to bid but is not to be included in the bid package. PROJECT NAME AND CONTRACT NUMBER: ENGINEER’S NAME: ENGINEER’S CERTIFICATION The final Drawings and Specifications, construction Contract Documents, Bidding Documents (or requests for proposals or other construction procurement documents), and any other final design phase deliverables, comply with all applicable federal requirements, to the best of my knowledge and professional judgment. This includes the following: The Engineers Joint Contract Documents Committee (EJCDC) documents have been used, and all acceptable revisions identified in this Bulletin have been made in accordance with the terms of the license agreement, which states in part that the Engineer “will plainly show all changes to the standard EJCDC text, using ‘Track Changes’ (redline/strikeout), highlighting, or other means of clearly indicating additions and deletions.” Such other means may include attachments indicating changes (e.g. Supplementary Conditions modifying the General Conditions). Any building(s) designed for this Project will comply with the requirements of the Architectural Barriers Act (ABA), the Americans with Disabilities Act (ADA) of 1990, and the Rehabilitation Act. All Iron and Steel products referenced in the Drawings, Specifications, and Bidding Documents for this Project comply with Section 746 of Title VII of the Consolidated Appropriations Act of 2017 (Division A - Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017) and subsequent statutes mandating domestic preference or are the subject of a waiver approved by the Secretary of Agriculture or designee. All Iron and Steel products that will be referenced in the Addenda, executed Contracts, and Change Orders will comply with Section 746 of Title VII of the Consolidated Appropriations Act of 2017 (Division A - Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017) and subsequent statutes mandating domestic preference, or will be the subject of a waiver approved by the Secretary of Agriculture or designee. Note: This certification is not intended to be a warranty in any way, but rather the designer’s professional opinion that to the best of their knowledge the documents comply. Engineer signature Date Printed name and title initial initial initial initial RUS Bulletin 1780-26 Exhibit A, Attachment 6 Page 1