HomeMy WebLinkAboutILA - Franklin PUD NO 1 of Franklin County - Streetlights 2011 WHEN RECORDED RETURN TO:
City of Pasco, Washington
525 North 3rd
Pasco WA 99301
INTERLOCAL AGREEMENT
Between
CITY OF PASCO and PUBLIC UTILITY DISTRICT NO. 1 OF FRANKLIN COUNTY
THIS AGREEMENT is made and entered into this Al' day of MA09G /J ,
2011 , by and between the City of Pasco, Washington, a Municipal Corporation, hereinafter
referred to as "City" and Public Utility District No. 1 of Franklin County, hereinafter referred to
as "PUD."
RECITALS
WHEREAS, RCW 39.34 et seq. authorizes the City and PUD to enter into Interlocal
Agreements for the purpose of providing municipal services; and
WHEREAS, City is the recipient of a Federal Energy Efficiency Conservation Block
Grant which affords the City the opportunity to replace existing fixtures, lamps, drivers, and
photocells (herein after referred to as "Streetlights") with more energy efficient Streetlights; and
WHEREAS, PUD owns and maintains the Streetlights in the City for the benefit of the
public, through charges to the City for electricity, maintenance and replacement; and
WHEREAS, both the City and PUD are vitally interested in saving energy and saving
public funds; and
WHEREAS, it is in the public interest that the City and PUD cooperate to provide for
the replacement of existing Streetlights with the most energy efficient lighting possible.
NOW, THEREFORE, the Parties agree as follows:
11 Responsibilities of PUD
1 . 1 PUD will obtain bids to determine the lowest responsible bidder. PUD will also
obtain bids for the labor required to install the Streetlights. Once such bids are
obtained, PUD will assist the City in determining the total costs and number of
Streetlights which can be replaced within the funds budgeted through the Federal
Block Grant and applicable rebates through the Bonneville Power Administration.
FPUD Contract No. 6668 Pagel of 5
it
1 .2 PUD will create, in Rate Schedule No. 5 Street Lighting Services, a new energy
and relamping rate for induction lighting with streetlighting services. City will
pay electrical charges, maintenance, repair, and replacement costs related to the
Streetlights pursuant to the following three documents: PUD Rate Schedule No. 5
Street Lighting Services, as may be revised from time to time by PUD; the City of
Pasco — Public Utility District No. 1 Street Lighting Agreement which has been
executed by the parties; and, the Letter of Agreement dated 01/07/2000 which has
been executed by the parties.
1 .3 Upon determination by the City of the number of Streetlights to be purchased and
associated costs determined under section 1 . 1 and 1 .2 above, PUD shall be
responsible for the purchase and installation of new Streetlights.
1 .4 PUD will cooperate with the City in an attempt to have all bids, quotes, and
contracts conform with all federal requirements, including those required by the
Federal Energy Efficiency Conservation Block Grant; further, the City will give
its written approval to the PUD prior to issuance by the PUD of any bids, quotes,
or contracts. As to other matters, PUD shall be subject to all applicable conditions
of the City's Energy Efficiency Conservation Block Grant agreement, including
"Special Terms and Conditions for the Energy Efficiency and Conservation Block
Grant Program," a copy of which is attached hereto as Exhibit A, and "National
Policy Assurances To Be Incorporated as Award Terms," attached as Exhibit B,
each by this reference, specifically incorporated herein.
1 .5 PUD shall fulfill all responsibilities under Section 23 of Exhibit A for
decontamination or decommissioning costs associated with the Streetlight
replacement. Prior to commencing any replacement work, PUD shall have a waste
stream management plan on file for the project. PUD shall be responsible for
maintenance, repair, and replacement of Streetlights including replacement of any
bulbs, tubes, fixtures or other parts as may need to be replaced from time to time
and as may be more specifically agreed upon in a subsequent agreement pursuant
to agreement upon cost structures referenced in section 1 .2.
2. City's Responsibilities
2. 1 City will pay to PUD all costs, net of BPA rebates received for energy
conservation related to the purchase of replacement Streetlights, including
installation, for such quantities as the City has determined will be purchased,
together with the PUD's related costs (e.g. overhead costs, decontaminating costs,
and decommissioning costs) and has directed PUD to purchase and install, in
writing.
2.2 City will pay to PUD such other payments for electrical charges, maintenance,
repair, and replacement costs as set out in Section 1 .2.
FPUD Contract No. 6668 Page 2 of 5
j
i
2.3 City will pay the costs referenced in Section 2. 1 within sixty (60) days after
receiving an invoice for such incurred costs and installation work by the PUD.
2.4 City shall be subject to all applicable provisions of the City's Energy Efficiency
Conservation Block Grant Agreement, Exhibit A and Exhibit B, as attached.
2.5 City shall negotiate in good faith any subsequent agreements as required herein.
39 Indemnification
PUD shall defend, indemnify, and hold harmless the City, its officers, employees, and
agents from any and all costs, claims, judgments or awards of damages arising out of or
in any way resulting from the negligent acts or omissions of PUD, or its agents,
employees or officers in the performance of this Agreement.
City shall defend, indemnify, and hold harmless the PUD, its officers, employees, and
agents from any and all costs, claims, judgments or awards of damages arising out of or
in any way resulting from the negligent acts or omissions of City, or its agents,
employees or officers in the performance of this Agreement.
4. Amendment
This Agreement may only be amended by mutual, written agreement of the signatories to
this Agreement.
5, Interlocal Cooperation Act Provision
Subject to Sections 2. 1 -2.3, each party shall be solely responsible for all costs, materials,
supplies and services necessary for their performance under the terms of this Agreement.
All property and materials secured by each party in the performance of this Agreement
shall remain the sole property of that party. All funding incident to the fulfillment of this
Interlocal Agreement, shall be borne by each party necessary for the fulfillment of their
responsibilities under the terms of this Agreement. No special budgets or funds are
anticipated. It is not the intention that a separate legal entity be established to conduct the
cooperative undertakings, nor is the acquisition, holding, or disposing of any real or
personal property anticipated under the terms of this Agreement. The City Manager of
the City of Pasco, Washington, shall be designated as the Administrator of this
Agreement.
This Agreement shall be filed with the Franklin County Auditor, or alternatively, posted
on the parties' respective websites as required by RCW 39.34.
FPUD Contract No. 6668 Page 3 of 5
I.
6. Entire Agreement
The Parties agree that this Agreement is the complete expression of the terms hereto and
any oral representations or understandings not incorporated herein are hereby expressly
excluded.
7. Nonwaiver
Waiver of any default or breach under this Agreement shall not be deemed to be a waiver
of any other prior or subsequent default or breach and shall not be construed to be a
modification of the terms of this Agreement unless stated to be such through written
agreement of the Parties hereto.
80 Invalid Provisions
If any provision of this Agreement shall be held invalid, the remainder of this Agreement
shall not be affected if such remainder would then continue to serve the purposes and
objectives of the Parties.
91 Applicable Law
Should any dispute arise concerning the enforcement, breach, or interpretation of this
Agreement, resolution shall be by presentation to the City Manager and the District
General Manager. In the event the dispute is not resolved, it shall be resolved by binding
arbitration pursuant to RCW 7.04A, as amended, and the Mandatory Rules of Arbitration
(MAR); and venue shall be placed in Franklin County, Washington, the laws of the State
of Washington shall apply, and the prevailing party shall be entitled to its reasonable
attorney fees and costs.
IN WITNESS WHEREOF, the Parties have executed this Agreement by their duly
authorized officers and/or agents on the day and year first written above.
CITY P SC A INGTON PUBLIC UTILITY DISTRICT NO. 1
OF FRANKLIN COUNTY
Gary rutchfie Ed Brost
it Manager General Manager
FPUD Contract No. 6668 Page 4 of 5
i
STATE OF WASHINGTON )
ss.
County of Franklin )
On this day personally appeared before me Gary Crutchfield, City Manager of the City of
Pasco, Washington, to be known to be the individual described in and who executed the within
and foregoing instrument, and acknowledged that he signed the same as his free and voluntary
act and deed for the uses and purposes therein mentioned.
GIVEN under my han d and offici seal this A of / 1 , 2011 .
0011111011064
` • �\oN 9 4�P. NOTARY PUBIF in and fq th S to of Washington
Residing at:
O �� 0•(PR � My Commission Expires: 3TX I 2
V0 05we
STATE OF WASHINGTON )
: ss.
County of Franklin )
On this day personally appeared before me Ed Brost, General Manager of the Franklin
County Public Utility District, to be known to be the individual described in and who executed
the within and foregoing instrument, and acknowledged that she signed the same as her free and
voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this d f 4;1;7raqqj 2011 .
NOTARY IC i and fi9 the State of Washington
Residing at:
`Ip 11111 My Commission Expires: Lo
e
\��J6 P!1 (4f�i��
FPUD Contract No. 6668 Page 5 of 5
Cot>trad 8888 - Exhibit A
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SPECIAL TERMS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND CONSERVATION
BLOCK GRANT PROGRAM — FORMULA GRANTS
m6k of Contents
I . RESOLUTION OF CONFLICTING CONDITI ONS.................................................................................. 1
2. AWARD AGREEMENT TERMS AND CONDITIONS ............................................................................ 1
3. AWARD PROJECT PERIOD AND BUDGET PERIODS ......................................................................... 1
4. STAGED DISBURSEMENT OF FUNDS ................................................................................................. 1
S. PAYMENT PROCEDURES - ADVANCES THROUGH THE AUTOMATED STANDARD
APPLICATION FOR PAYMENTS (ASAP) SYSTEM...........111.1....I.... ......................0...I...*.*........2
6. INCREMENTAL FUNDING AND MAXIMUM OBLIGATION - COEXTENSIVE BUDGET PERIOD
ANDPROJECT PERI OD............................................................................................................................2
7. COST SHARING FFRDCS NOT INVOLVED .........................................................................................2
8. REBUDGETING AND RECOVERY OF INDIRECT COSTS ..................................................................3
9. CEILING ON ADMINISTRATIVE COSTS ..............................................................................................4
10. LIMITATIONS ON USE OF FUNDS .......................................................................................................4
11. PRE-AWARD COSTS ..................................................................................................._...........................4
12. USE OF PROGRAM INCOME - ADDITION'.*......................4....... ..................a.....a......I..........4
13. STATEMENT OF FEDERAL STEWARDSHIP.......................................................................................4
14. SITE VISITS................................................................................................................................................ 5
I5. REPORTING REQUIREMENTS ............................................._......................................_..................1111.. S
16. PUBLICATIONS.,,,,,..............................I............I..,................................a.........f.............................,.... ......5
17. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS ....................................................................6
18. INTELLECTUAL PROPERTY PROVISIONS AND CONTACT INFORMATION..,.......... ........1.."6
19. LOBBYING REST RICTIONS....................................................................................................................6
20, NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS -
- SENSE OF CONGRESS........................................................_...................................._...........................6
21. INSOLVENCY, BANKRUPTCY OR RECEIVERSHIP............................................................................ 6
22. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS .......................................6
23. DECONTAMINATION AND/OR DECOMMISSIONING (D&D) COST S..............................................7
24. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009 (MAY 2009)..........................................._............................................7
25. REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF THE
Rl; VVERY ACT (MAY 2009)..".111.11........ ...............I..",.....I.,...11.11,11.1 ..... 11
................................
26. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS — SECTION
1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) ......... 1 I
27. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS (COVERED
UNDER INTERNATIONAL AGREEMENTS)--SECTION 1605 OF THE AMERICAN RECOVERY
AND REINVEESTMFNT ACT OF 1009 (MAY 2009) ............................................................................. 13
28. WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT (MAY 2009)16
29, RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF FEDERAL
AWARDS AND RECIPIENT RESPONSTBE.TTTBS FOR INFORMING SUBRHCIPIENTS (MAY
2009)............................... .....................................................................................»................................... 17
30. DAVIS BACON ACT REQUIREMENTS (MAY 2009).......................................................................... 17
31. HIS'T'ORIC PRESERVATION ..............................................................................................4...................25
ATTACHMENT 1 — INTPLIECTUAl PROPERTY PROVISIONS .,...............................4......"..,...................26
Not Specified/Odher
Contract 8888 - Exhibit A
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SPECIAL TERMS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND
CONSERVATION BLOCK GRANT PROGRAM — FORMULA GRANTS
1, RESOLUTION OF CONFLICTING CONDITIONS
Any apparent inconsistency between Federal statutm and regulations and the terms and conditions
contained in this award must be referred to the DOE Award Administrator for guidance.
Z. AWARD AGREEMENT TERMS AND CONDITIONS
This award/sgreament consists of the Cunt and Cooperative Agreement cover page, plus the following:
a. Special terms and conditions.
b. Attachments:
AdwImentNo Tide
1 Intellectual Property Provisions
2 Project Activity workahest(s) are atmcbed. If the Worksheet is for the
Strategy, the grant will be amended to include additional worksheets as
activities are approved.
3 Federal Assistance Reporting Checldist
4 Budget Pages are attached. For Suatogy, the SP424A is attached, if it was
included in the application. The gram will be amended to include additional
Budget Pages as activities are approved.
S Davis-Bacon Ad Wage Detemtimtion(s), if applicable. For Strategy
awards, the Wage Determination will be included when activities are
approved.
6 Special Requirements, if applicable
c. Applicable program regulations: Title V, Subtitle E of the Energy Independence Security Act (EISA)
of 2007, Public Law 110-140.
d. DOE Assistance Regulations, 10 CTR Part 600 at httpJ/ecfr Wmcmgov and if the award is for
research and to a university or non-profit, the Research Tema & Conditions and the DOE Agency
Specific Requirements at http:/Avww.sef.gov/bfiktdias/policyimlkdmjsp.
e. Application/proposal as approved by DOE.
E National Policy Assurances to Bo bw npxsated as Award Terms in effect on date of award at
y J(y�yQammtmeray.aov/buaiam dod1374.htm
3. AWARD PROJECT PERIOD AND BUDGET PERIODS
The Project and Budget Periods for this award are conexmrnt for a 36-math period as indicated in Item
No. 7 of the Assistance Agreement Face Page.
4, STAGED DISBURSEMENT OF FUNDS
I 14W ALlAKEP. IMS LUMISAMAWN
The total tlmding allocation for this award is shown in Block 13 of the Assistance Agreement Cover Page.
However, fiords will be released according to a staged disbursement schedule. All fords must be expanded
within 36 months of the effective date of the award.
I
Not Specified/Outer 1
contract 869$ - Exhibit A
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[ ] For Energy Efficiency Conservation Strategy (SECS) Only awards, funds in the amount of
$ [ J is released to the Recipient to begin work on the SECS. The approved activities are listed in
Attachment 2, Project Activity Worksheets. The remaining funds will be released for disbursement upon
DOE approval of the EECS and amendment of the award to include the authorized Project Activity
Worksheets.
[ ] Funds in the amount of$ [ 1 is released to the Recipient to begin work on the activities listed in
Attachment 2, Project Activity Worksheets. The remaining flmds will be released for disbursement upon
DOE approval of additional activities and amendment of the award to include the authorized Project
Activity Worksheets.
[ ] Funds in the amount ors [ J is released to the Recipient to begin work on administrative dutiev
pending resolution ofprobkmatde issues such as eligibility, techoical leanest, NEPA, biswric preservation,
budgetary items, or similar issues. The remaining funds will be released upon successful resolution of
these issues and amendment of the award
S PAYMENT PROCEDURES - ADVANCES THROUGH THE AUTOMATED STANDARD
APPLICATION FOR PAYMENTS (ASAP) SYSTEM
I i LFA(A RXED, TIIISTE"DOESNOTAPPLF— WSAITACHMUff6
a. Method of Payment. Payment will be made by advances through the Department of Treasury's ASAP
"awn
b. Requeatittg Advances. Requests for advances must be node dwough the ASAP system. You may
submit requests as frcqueraly as required to meet your needs to disburse funds for the Federal share of
project costs. If feasible, you should tine each request so that you receive payment on the same day
that you disburse fiends for direct project costs and the proportionate share of any allowable indirect
caste. Ifsame-day transfers are not feasible, advance payments must be as close as is administratively
feasible to sctrral disbursements.
e. Adjusting payment requests for available cash. Year must disburse any fnnda that we available from
repayments to and interest earned on a revolving fund, program income, rebates, refunds, contract
settlements. audit recoveries, credits, discounts, and interest earned on any of those funds before
requesting additional ash payments from DOE/NNSA.
d. Payments All payments are made by clectkonic finds transfer to the back account identified on the
ASAP Bank Information Form that you filed with the U.S. Department of Treasury.
6. INCREMENTAL FUNDING AND MAXIMUM OBLIGATION - COEXTENSIVE BUDGET
PERIOD AND PROJECT PERIOD
APPLICABLE ONLY TO INCREMENTALLY FUNDED AWARW
This award is funded on an incremental basis. The maximum obligation of the DOFJNNSA is limited to
the amount shown on the Agreement Face Page. You arc not obligated to continue performance of the
project beyond the total amount obligated and your pro rata sbare of the project costs, if coat sharing is
required Additional funding is contingent upon the availability of appropriated fimdtt and wabstantiel
progress towards meeting the objectives of the award.
7. COST SHARING FFRDC'S NOT INVOLVED
APPLICABLE ONLYIFCOST SHARING LS INCLUDED IN77IEAWARD.
s Total Estimated Project Cost is the sour of die Government sham and Recipient share of the estimated
Not Specified/Other 2
Contract 8888 - Exhibft A
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project costa The Reciplom s cost share must come from non-Fcdcral sources unless otherwise
allowed by law. By accepting federal Nnds under this award, you agree that you am liable for your
percentage sham of toad allowable project cods, on s budget period basis, even if the project is
terminated early or is not funded to its completion. 'Phis cost is shared as follows:
Budget Budget Government Share Redplent 8hare Totai lli dilated Cost
Period Periled Start S/ya T/7s
No.
Tand Project
b. if you discover that you may be unable to provide cost sharing of at least the ararunt identified in
paragraph a of this article, you should immediately provide written notification to the DOE Award
Administrator indicating whether you will continue or phase out dm project. If you plan to continue
the project, the notification mast describe how replacement cost sharing will he secured.
c. You must maintain mcords of all project corn that you claim as cast sharing, including in-kind costa,
as well es records of costs to be paid by DOE NNSA. Such records arc subject to audit.
d. Failure to provide the tort sharing required by this Article may result in the subsequent recovery by
h W)MA of some or an the funds provided under the award.
L REBUDC ZTINC AND RECOVERY OF 1NDtRRCT COSTS
[ ] REBUDGETING AND RECOVERY OF 1NDIRF= COSTS - REIMBURSABLE INDIRECT
COSTS AND FRINGE BENEFITS
a. If actual allowable indirect costs and fringe benefits are Ices than these budgeted and funded
under the award, you may use the diffena ce to pay additional allowable direct costs during the
project period. If at the completion of the award the Government's share of total allowable coats
(i.e., direct, indirect, fringe benefits), is loss than the total coats reimbursed, you must refund the
difference.
b. Recipients are expected to manage their indirect toms and Fringe benefits. DOE will not amend
an award solely to provide additional funds fbr changes in kdhw coats and fringe betudits.
DOE recognizes that the inability o obtain fall reinoburaenrenl for indirect cosy and fringe
b enefita means the recipient must absorb the underrecovery. Such undamcevery may be
allocated at pert of tla organization's required cost sharing.
[ ] REBUDGETING AND RECOVERY OF INDIRECT COSTS — REIMBURSABLE INDIRECT
COSTS
a. If actual allowable indirect cosy am less than thou budgeted and funded under the award, you
may use the difference to pay additional allowable direct coon during the project period. if at
the completion of the award the Government's share of total allowable cosy (Le., direct and
indirect), is lest than the total cons reimbursed, you must refund the differeose.
b. Recipients am expected to manage their indirect coats. DOE will not amend an award solely to
provide additional funds for changes in indirect cost rates. DOE recognizes that the inability to
obtain full reimbonsemem for indirect costs mom the recipient must absorb the underaovery.
Such uuderecovery may be allocated as part of the organization's required cost sharing.
a The budget for this award includes indirect cosy, but does not include fringe banafita
Therefam fringe benefit costs shall not be charged to nor shall reimbursement be requested for
Not Specified/Other 3
Contract 8888 - Exhibit A
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this p elect nor shall the fringe benefit costs for this project be allocated to any other federally
sponsored project. In addition, frhrge benefit cosh shall not be counted as cost stare unless
approved by the Contracting O1Bca.
[X] REBUDGEfTNG AND RECOVERY OF INDIRECT COSTS • INDIRECT COSTS AND FRINGE
BENEFITS ARE NOT REIMBURSABLE
The budget for this sward does not include indirect costs or fringe benefits. Therefore, Otme
expenses shall not be charged to nor reimbursement requested for this project nor shall the fringe and
indirect costa from this project be allocated to any other federally sponsored project In addition,
indirect costs or fringe benefits shall sot be counted as was share unless approved by the Contracting
Officer.
91 CEUXW ON ADMINISTRATMIS COSTS
a. Recipients may not use more than 10 percent of amounts provided under this program, or 575,000.
whichever is grata (EISA Sec 545(b)(3)(A), far administrative a xpemm, excluding the costs of
meeting the reporting requirements under Tide V, Subtitle E of EISA. These cosh should be captured
and sum nnized for each activating under the Projected Coats Within Budget: Administration
b. Recipients are eagw-led to manage their administrative casts. DOH will not amend an award solely to
provide additional funds for charges in administrative casts. The Recipient shall not be reimbursed on
this project for any final administrative costs that am in excess of the designated 10 paces
administrative cat ceiling. In addition, the Recipient sball neither count costs in excess of the
administrative ones ceiling as cost share, nor allocate such costs to other federally sponsored projects,
unless approved by the Contracting Officer.
10. LIMITATIONS ON USE OF FUNDS
a. Recipients may not urn more than 20 percent or $250,000, whichever is grater (ETSA Sec
545(bx3)(B), for the establishment of revolving loan funds.
b. Recipients may not use more than 20 percent or $250.000, whichever is greater (DSA Sac
545(bH3Xq for subgnnts to nongovernmental organizations for the purpose of assisting in the
implemmtstion of the a M efficiency and conservation strategy of the eligible unit of local
government.
11 , PR&AWARD COSTS
APPLICABLE ONLYIF COMPLETED BELOW.
You are entitled to reimbursement for pneawad cats for the period Sum [MonthDayYear] to
[MorohDayVear] in accordance with your request dated [MonthDayYsar] if such costa tiro allowable in
accordance with the applicable Federal roan principles referenced in 10 CFR Pan 600.
12. USE OF PROGRAM INCOME - ADDITION
if you earn program income during the project period as a fault of this sward, you may add the program
innate to the finch committed to the award and uac it to further eligible project objectives.
13. STATEMENT OF FEDERAL STEWARDSHIP
DOLINNSA will exercise normal Federal smwardahip in overseeing the project activities peribrmed under
this award Stewardship activities inclb&6 but are not limited to, conducting site visits reviewing
perfomnmee and fin sucial reports; providing technical smisance and/or temporary inlcrvemion in unusual
ammisteuom to correct deficiencies which develop during the project; assuring complimoe with tams and
Not Specifled/Other 4
Contract OWS - Exhibit A
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conditions: and reviewing lechuieal perfornrtace after project completion to ensue dual the award
objectives have been accomplished.
14. SITE VISITS
DOFs suthorired representatives have the right to make site vitals at rcowssible times to review project
accomplishments and management control systems and to provide tochnial assistance, if required. You
must provide, and must require your aubawsrdew to provide, reasousble access to facilities, office space,
resourook and assistance for the safety and convenience of the gnvenrment repn%Mlalivcx in the
peformarcc of thin dalies. All site visits and evaluations most be performed in a mmner that does not
unduly interfere with or delay the work.
I& REPORTING REQUIREMENTS
a. Requirements. The reporting requirements for this award are Identified on the Federal Assistance
Reporting Checklist, DOE F 4600.2, attached to this award. Failure to comply with these reporting
re*m marts is considered a material noncompliance with the tams of the award Noncompliance
may result in withholding of future payments, wtpauion, or termination of the current award, and
withhokliug of future awards. A willfhl failure to perform, a history of hilure to perform, or
uosatishctory performance of this and/or other financial assistance awards, may also result in a
debarment action to preclude future awards by Federal agencies.
b. Dissemination of scientifidiechnical reports. SciemificPoechnical reports submitted under this award
will be dhsemineW on the Internet via the DOE Information Bridge (www.osti4pvAvidge), unless the
report contains patentable material, protected data, or SBIR/STTR data. Citations for journal articles
c. produced under the award will appear on the DOE Energy Citations Database
(www.ostLaov/enmsvcitatima).
d. Restrictions. Reports submitted to the DOE Information Bridge must not contain any Protected
Personal identifiable Information (1113), united rights date (proprietary data), classified information,
hilbrmadon subject to export control classification, or other information not subject to release.
16. PIIALICATIONS
a. You are encouraged to publish or otherwise make publicly available tla results of the work conducted
under the award.
b. An acknowledgment of Federal support and a disclaimer must appear in the publication of any
material, whether copyrighted or tot, based on or developed render this project, as follows:
Acknowledgment: "This material is based upon work supported by the Department of Energy under
Award Number DE•SC0002096."
Duclaimm: "This report was prepared as an accent of work sponsored by as agency of the United
Stales Government. Neither the United States Government our any agency thereo& nor any of their
employees, makes any warranty, express or implied, or assumea any legal liability or responsibility for
the accuracy, oompletemea, or usefulness of my fofonmation, apparanK product' or process disclosed,
or represents that its use would not infringe privately owned rigbm Raferenoe herein to my specific
conrmemial product, prumas or service by trade mama, trademark, manufacturer, or altwwise does not
necessarily constitute or imply its endorsement, reconmandatim or favoring by the United States
Government or any agency thereof. The views and opinions of authors expressed herein do not
necessarily state or reflect those of the United States Government or any agency tkeroof"
i
Not SpecifieNOlher 5
Confiner 8888 - Exhibit A
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17. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS
You must obtain any required permits and comply with applicable federal, state, and municipal laws, codcs.
and regulations for work performed under this award
Is. INTELLECTUAL PROPERTY PROVISIONS AND CONTACT INFORMATION
a. The intellectual property provisions applicable to this award arc provided as an attachment to this
award or are referenced on the Agreement Face Page. A list of all intellectual property provisions may
be found at
b. Questions regarding intellectual property matter should be refennd to the DOE Award Admis is,rator
and the Patent Counsel designated as tbo service provider for the DOE, office that issued the award.
The IP Service Providers List is found at
ltm`r/www rtc_doe nny! ,.e�s,taArrwllreinsI Promety an Saida for AeuuiaitiaLodf
19, LOBBYING RESTRICTIONS
By accepting funds miler this award, you agree that none of the funds obligated on the award shall be
oqmmW, directly or indirectly, to influence congressional action on any legislation or appropriation
MUM pending before Congress, other dm to communicate to Members of Congress as described in 18
U.S.C. 1913. This restriction is in addition to those prescribed elsewhere in statute sad regulation.
20. NOTICE REGARDING TIIE PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS — SENSE OF CONGRESS
It is the sense of the Congress that, to the greatest extent practicable, all equipment and products pumbaW
with funds made available under this award should be Ametican-made.
21. DWLVE.VCY, BANKRUPTCY ORRECEIVERSHIP
a. You shell immediately notify the DOE of the occurrence of any of the following events: () you or your
pamuCs filing of a voluntary case seeking liquidation or reorganization under the Bankruptcy Act; (ii)
your consent to the institution of an involuntary can under the Bankruptcy Act against you or your
parent; (iii) the filing of any similar pros ceding for or against you or your parent, or its consent to, the
dissolution, winding-up or readjustment of your debts, appointment of a receiver, conservator, trustee,
or other officer with similar powers over you, under any other applicable state or federal Inn, or (iv)
your insolvency due to your inability to pay your debts generally as they become due.
b. Such notification shall be in writing and shall: (i) specifically set out the details of the occurrence of
an event referenced in paragraph a; (it) provide the facts surrounding that event; and (iii) provide the
impact such event will have on the project being Bmded by this award
c. Upon the cocurrorm of any of the four events described in the first paragraph, DOE reserves the right
m conduct a review of your award to determine your compliance with the required elements of the
award (including such items as cost share, progress towards technical project objectives, and
submission of required reports} If the DOE review deta mines that there are significant deficiencies or
concerns with your performance under the award, DOE reserves the right to impose additional
requimmentst as needed, including (1) change your payment medxA or (ii) institute payment controls.
d Failure of the Recipient to comply with this provision may be considered a material noncompliance of
this financial assistance award by the Contacting Officer.
22, NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS
You are restricted from taking any action using Federal fbmds, which would have an adverse effect on the
Not Specified/Other 6
Contract SMS - Exhibit A
102709
environment or limit the choice of reasonable all xtwtivea prior to DOER AISA providing either a NEPA
clearance or a final NEPA decision regarding this prtyea Profit W actions inehde: Actions not fisted
below. This restriction does not preclude you from: 1) Developing an energy efficiency and camavation
strategy (ctmiplmcd) and 2) Replacing existing City HPS Streetlights with energy efficient Induction
Lights.
if you move forward with activities that are not authorized far federal funding by the DOE Contracting
Officer in advance of the final NEPA decision, you are doing so at risk of not receiving federal funding and
mob costs may not be recognized as allowable coat share.
If this award includes construction activities, you must submit an environmental evaluation
report/evalusdon nDfiftcsion form addressing NEPA issues prior to DOFJHNSA initiating the NWA
process.
23, DECONTAMINATION AND/OR DECOMMISSIONING (D&D) COSTS
Notwithstanding any other provision of this Agmemant, the Government shall not be responsible for or
have any obligation to the recgt)em for (i) Decontamination and/or Decommissioning (D&D) of sty of the
recipmWa facilities, or (i) airy term wbich may be imoarmd by the recipient in connection with the D&D of
any of its facilities due to the perPoramox of the work under this Agreement, whether said work was
performed prior to or subsequent to be effective date of this Agreement.
24. SPACIAL PROVISIONS RELATING TO WORK FCNDED UNDER AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009)
Preamble
The American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, (Recovery Act) was enacted to
preserve and create jabs and promote economic recovery, assist those most impacted by the recession,
provide invemments needed to increase economic efficiency by spurring tectmoloecal advances in science
and health, invest in transportation, environmental protection, and other infristructma that well provide
log-term economic benefits, stabilize Stato and local government budgets, in order to minimize and avoid
reductions in essential services and counterproductive State and local tax increases. Recipients shall use
grant funds in a manner that maximizes jab creation and economic benefit
The Recipient shall comply with all terms and conditions in the Recovery Act relating generally to
governance, accountability, transparency, data collection and resom a as specified in Act itself and as
discussed below.
Recipients should begin planning activities for their fast tier subrecipietts, including obtaining a DUNS
number (or updating the existing DUNS record), and registering with the Central Contractor Registration
(CCR).
Be advised that Recovery Act furls can be used in txqunction with other funding as necessary to complete
projects, but tracking and reporting must be separate to meet the reporting requirements of the Recovery
Act and related guidance. For projects funded by sources other than the Recovery Act, Contractors must
keep separate records for Recovery Act finds and to ensure "%L records comply with the requirements of
the Act.
The Government has not filly developed the implementing instruction; of the Recovery Act, particularly
concerning specific procedural requirements for the new reporting requirements. The Recipient will be
provided these details as they become available. The Recipient must comply with all requirennxcts of the
Act If the recipient believes them is any inconsistency between ARRA requirements and currerd award
terns and conditions, the issues will be referred to the Contracting Officer for reconciliation.
ps6midme
Not Specified/Other 7
Contract 8888 - Exhibit A
102709
For purposes of this claw, Covmaod Funds means funds expended of obligated from appropriations under
the American Recovery and Reinvestment Act of 2009, Pub. L 111-5. Covered Funds will have special
socouudrt cods and will be identified as Recovery Act fiords in die gent, cooperative agreement or T1A
and/or modification using Recovery Act funds. Covered Funds area be reimbursed by September 30,
2015.
Non-Federal employer means any employer with respect to covered fonds — the contractor, subcontractor,
grantee, or recipient' as the coat nay be, if the contractor, subcontractor, grantee, or recipient is an
employer and any profftsi sl membership organzat son, certification of other Professional body, any
spot or licensee of the Federal government of any person acting directly or indirectly in the interest of an
employer receiving covered funds; or with respect to covered funds received by a State or local
government, the State or local government receiving the finds and any contractor or subcontractor
receiving the funds and any contractor or subcontractor of the Site or local government; and does not
mean any department agency, or other entity of the federal goverment.
Recipient means any entity that receives Recovery Act finds directly from the Federal goverment
(including Recovery Act funds received through grant, loan, or contract) Whet than an individual and
includes a Sate that receives Recovery Act Funds.
622W11 Y707dam
A. Flow Dovm Ramiremet
Recipients must include these special terms and conditions in any subaward.
B.
Recipients must segregate the obligations and expe diumet related to funding under the Recovery Act.
Financial and accounting system should be revised as necessary to segregate, track and maintain these
funds apart and separate from otter revenue shears. No part of the funds fiom the Recovery Act shall
be c mtmirmgled with any other funds or used for a purpose other than that ofmuking payments for
costs allowable for Recovery Act projects.
Prdubitim an Use of funds
Now of the flmds provided under this agreement derived from the American Recovery and
Reinvestment Act of 2009, Pub. L 111•S, may he used by any State or local government, or any
private entity, for any calm or other gambiiag establishment, aquarium, aoo, golf course, or
swimming pool.
C.
With respect to each financial "data = agreement awuded utilizing at least some of the fiords
appropriated or otherwise made available by the American Recovery end Reinvestment Act of 2009,
Pub. L. 111-5, any representative of an appropriate inspector general appointed under section 3 or RG
of the inspector General Act of 1988 (5 U.S.C. App.) or of the Comptroller General is autlwriaed —
(1) to examine any records of the contractor or grantee, any ofits subcontractors or snbganteea, or
any state or local agency administering such contract diet pertain to, aed involve transactions
relation to, the subcontract, subcontract, grant, or subgrant; and
(2) to interview any officer or employee of the corincta, grantee, aubgntua or agency regarding
such tneasctioas.
D, Publi
Not Specified/Other 9
Contract SMS - Exhibit A
102709
An application may contain technical data and other data, including trade secrets andtor privileged or
confidettial information, which the applicant does not want disclosed to the public or used by the
Government far say purpose other then the application. To protect such data the applicant should
specifically identify each page including each line or paragraph thereof containing dte data to be
proweted and mark the cover sheet of the application with the following Notice as well as referring to
the Notice on each page to which the Notice applies:
Notice of Restriction on Disclos me and Use c(Data
The data contained in pages -- of this application have been submitted in confidence and contain
trade secrets or proprietary fnformadon, and such dam shall be used or disclosed only for evaluation
purposes, provided that if this applicant receives an award as a result of or in connection with the
submission of this application, 710E stall have the right to use or disclose the data there to the extent
provided in the award. This rewfetian does not limit the Govertmtan's right to use or disclose data
obtained without restriction tom any source, including the applicant
information about this agreement will be published on the Internet and linked to the websito
www.recoveFy.gov , maintained by the Accountability and Transparency Board. The Bard may
exclude posting contractual or other information on the website on a csse�bysxse basis when
necessary to protect rational security or to protect iutbmtstion that is not subject so disclosure under
sections 552 and 552a of title 5, United States Code.
E. Protection Sea and marsh Government and Contraotor WhislWliamm
The requirements of Section 1553 of the Act as stmmtarized below. They include, but are not limited
to:
Prohibition on Reprisals: An employee of any non-Federal employer receiving covered fords under
the American Recovery and Reinvestment Act of 2009, Pub. L. I1 1-59 may not be discharged,
demoted, or otherwise discriminated against as a reprisal for disclosing, including a disclosure made in
the ordinary course of an employee's duties, to the Accountability and Transparency Board, an
Inspector general, the Comptroller General, a member of Congress, a State or Federal regulatory or law
enforcement agency, a person with supervisory autbonty over the employee (or other person working
for the employs who has the authority to investigate, discover or tetminem misconduct, a corn or
grant ju y, the lead of a Federal agency, or their representatives information that the employee
believes is evidence of
• gross management of an agency contract or gram relating to covered funds;
• a gross waste of covered funds
• a substantial and specific danger to public health or satiny related to the fnpiementation or use of
covered funds:
an abuse of authority related to the implementation or use of covered funds; or
• as violation of law, rule, or regulation related to an agency contract (including the competition for
or negotiation of■ contract) or gran, awarded or issued relating to covered funds.
Agency Acnkm: Not later than 30 days after receiving an inspector general report of an alleged
reprfsal, the had of tux agency shall determine whether time is sufficient basis to conclude that the
ran-Federal employer has subjected the employee to a prohibited reprisal_ The agency shall either
issue an order denying relief in whole or in part or shall take one or more of the following actions:
Order the employer to take affirmative action to abate the reprisal.
• Order the employer to reinstate the person to the position that the person held before the rerrisal,
together with compensation inehding back pay, compensatory damages, employment benefits,
and other terms and conditions of employment that would apply to the person in that position if
the reprisal had not been tauten.
• Order the employer to pay the employee an amount equal to the aggregate amount of all costs and
expenses (including attorneys' fees and expert wimessas' does) that were reasonably incurred by
Not Specifiedtother 9
i
Contract 8688 - Exhibit A
102709
die cmploycc for or in connection with, bringing the complaint regarding the regxisal, as
determined by the bead of a court of competent jurisdiction.
Nonenforomblity of Certain Provisions Waiving Rigbts and remedies or Requiring Arbitration:
Except as provided in a collective bargaining agreement, the rights and reratedie8 provided to aggrieved
employees by this section may not be waived by any agreement, policy, form, or condition of
employment, including any predispute arbitration agreement. No predisputo arbitration agreement
shall be valid at enffirceable if it requires arbitration of a dispute arising out of this section.
Requirernew to Post Notice of Rights and Rcmudics. Any employer receivmg covered furls under the
American Recovery and Reinvestment Act of 2009, Pub. L. I I I-5, shall peat notice of the rights and
remedies as retptuM therein. (Refer to section 1553 of the American Recovery and Rcinvcttment Act
of 2009, Pub. L. 111-5, wwwltecovery.gov, for specific requirements of this section and prescribed
language for the notices.).
F.
Reserved
G. Floe Claims Act
Recipient and sub-recipients shall promptly refer to the DOE or other approprinas hupecwr General
any credible evidence trod a principal, employee, agen4 oontractor, sub-graram subcontractor or otter
pLmon has submitted a false claim under the False Claims Act or has committed a criminal or civil
violation of laws pertaining to fraud, conflict or [merest, bnbery, gratuity or similar misconduct
involving those Amds.
H. Information in aRpgrfing of Recovery Act Bago;lg
Recipient may be required to submit badaV documentation for expenditures of funds under the
Recovery Act including such items as timecards and invoices. Recipient shall provide copies of
backup documentation at the request of the Contracting Officer or designee.
1. Avsilebilitv ofFunds
Funds appropriated under the Recovery Act and obligated to this award are available for
nimbHrsementofcow undlSeptember30, 2015.
). Additional Funding Distribution and Assurance of Annrouriete Use of Flnrdc
Aunlfeable if award is to a State Government or an Aeeecv
Certification by Governor — Not later than April 3, 2009, for Amds provided to any State or agency
thereof by tha American Reinvestment and Recovery Act of2009, Pub. is 111-50 the Governor of the
State shall certify that: 1) die state will request and use funds provided by the Act; and 2) the funds will
be used to create jobs and promote ocunomic gr wdr.
Acceptance by State Legislature — If Curds provided to any Sum in any division of the Act are not
accepted for use by the Governor, then acceptance by the Stain legislature, by means of the adoption of
a concurrent resolution, shall be sufficient to provide Rending to such State.
Distribution — After adoption of a State legislature's concurrent resolution, fending to the State will be
for distribution to local govemmenw, councils of government, public entities, and public:-private
entities within the State either by formula or at the State's discretion.
1G �
Not Specified/Other 10
Contrad 6648 - Exhibit A
►02709
With mVect to funds made available to State or kcal govermraNa for infrastructure investmeats
under the American Recovery and Reimestment Ad of 2009, Pub. L 111-5, the Governor, mayor, or
other chief executive, as appropriate, certified by accepts= of this award that the infrastructure
invcsmient has received the full review and vetting required by law and that the chief executive accepts
responsibility that the infinawcture investment is an appropriate use of taxpayer dollars. Recipient
shall provide an additional certification that includes a description of the investmtaht, the estimated
total coat, and the amount of covered funds to be used for posting on the Internet. A State or local
agency may not receive infreatmcture investment funding from funds made available by the Act unkcs
this certification is made mid posted.
25. RItPORTING AND REGISTRATION REQUIRRMEVM UNDER SECTION 1512 OF THE
RECOVERY ACT (MAY 2"
a. This award requires the incipient to complete projects or activities which are Corded under the
American Recovery and Reinvestment Act of 2009 (Recovery Act) and to report on use of Recovery
Act finds provided through this award. Information from these reports will be made available to the
public.
b. The reports are due no later than ten calendar days after each calendar quarter in which the recipient
receives the assistance award funded in whole or in part by the Rora+very Act
c. Recipients and their first-tier recipients trust maintain current registrations in the Central Contractor
Registration (http•Jhvww.cer.gov) at all times during which they have active federal awards funded
with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number
QM)1www.dnb.com) is arts of the requirements for registration in the Central Contractor
d. The recipient shall report the information described in section 1512(c) of the Recovery Act using the
repeating instructions and data elements that will be provided online at
htip://www.Feden[Reporting.gov and ensure dzt any information tlmt is pre-filled is corrected or
updated as needed.
26. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTL RED GOODS —
SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
(MAY 20M)
THJSAWAM TERM IS APPLICABLE T0ANYB6C0VEBYACT FVNDSF'OY CtONMUC27OM
ALTM4370N MAHMNANCB. OB RPPAM OFA PUBLJCBUJj&MOB MAX WORK.WD
7W TOTALPAMCT VALUE MES27MAZEDLESSMN$740sM 27MAWAWMW
.ALSO APPI sac TOALL SUBGAtiM AND CONTBAt M
a. Detmitions, As used in this award teen and condition--
(1) Manufactured good means a good brought to the construction site fax incorporation into the
building or work that has been-
(i) Pmccssed into a specific &um and shape; or
(ii) Combined with other raw materiel to create a material that has different properties than the
properties of the individual raw materials.
(2) Public building and public work means a public building 14 and a public work o$ a governmental
entity (the United States; the District of Columbia; eommonwcaMlw, territotier, and minor
outlying islands of the United States; State and local govcmnwwr, amt muld4tate, regional, or
interstate entities which have governmental functions). These buildings and works may include,
without limitation, bridges, dams, plants, highways, parkways, sheets, subways, tunnels, sewers,
mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers,
Not SpecifiedvOduer 11
Contract 6888 - Exhibit A
102709
wharves, ways, sgbtitousei, buoys,jetties, breakwaters, levess, and canals, and the conmuutiun,
alteration, maintenance, or repair of such buildings and webs.
(3) Steel mcans an alloy that includes at least 50 percent iron, between .02 and 2 peroat carbon, and
may include otter dements.
b. Domestic preference.
(1) This award term and condition implements Section 1605 of the American Recovery and
Reinvestment Act of 2009 (Recovery Act) (Pub. L 111-5), by requiring that all iron, sheet, and
manufeenued goods used in the project are produced in the United States except as provided in
paragraph (b)(3) and (bx4) of this section and condition.
(2) Tbla requirement does not apply to the material listed by the Federal Government as follows:
Now
(Award official to list applicable excepted materials or indicate "none'j
(3) The award oftial may add other iron, steel, and/or manufacaued goods to the lust in paragraph
(b)(2) of this section and condition if the Federal Goveinmeot determines that-
(i) The cost of the domestic iron, steel, and/or manufactured goods would be unreasonable. The
cost of domestic iron, steel, or manufachoW goods used in the project is unreasonable whcn
the eurnulenive cost of such material will incresse the cost of the overall project by more than
25 percent;
(a) The iron, steel, and/or manufactured good is not produced, or menuGcqued in the United
States in sufficient and reasonably available quantities and of a satisfactory quality; or
(iii) The application of the restriction of section 1605 of the Recovery Au would be inconsistent
with the pubiic inhxest.
e. Request for determination of inapplicability of Section 1605 of the Recovery Act .
(1)
(i) Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance
with paragraph (bx3) of this section shall include adequate information for Federal
Government valuation of the request, including—
(A) A description of the foreign and domestic iron, steel, and/or manufactured goods;
(B) Unit of measure;
(C) Quantity:
(D) Cost;
(E) Time of delivery or availability;
(F) Location of the projan;
(G) Name and address of ft proposed supplier, and
(H) A detailed justification of the reason for we of foreign boa, stocl, and/or
manufactured goods cited in accordance with paragraph (b)(3) of this section.
(it) A request based on wxeaeonable cost shall include a reasonable survey of the market
and a completed coat comparison table in the format in paragraph (d) of this section.
(iu) The cost of iron, steel, and/or manufaumed goods material shall include all delivery
costs to the construction site and any Applicable duty.
(tar) Any incipient request for a determination submitted after Recovery Au finds have
been obligated for a project for construction, alteruioo, ma(mena00% or repair sbail
explain[ why the recipient could not reasonably foresee the need for such determination
and could not lave m4tics1ud the determination before the fends were obligated. If the
recipient dots not submit it satisfactory explanation, the award official need not make a
determination.
(2) If the Federal Government determines after funds have been obligated for a project far
Not Specified0ther 12
Contract 6668 - Exhibit A
102709
construction. siteration, maintenance, or repair that an exception to section 1605 of the Recovery
Act applies, the award official will amend the award to allow use of the foreignvoa, steel, and/or
relevant manufactured goods. When the bass far the exception is normvailability or public
interes4 the amended award shall reflect adjustment of the award amount, redistribution of
budgeted funds, and/or other actions taken to cover costs associated with acquiring or using the
foraign iron, steel, and/or relevant manufactured goods. When the basis for the exception is the
unreasonable cost of the domestic iron, steel, or manufactured goods, the awed official stall
adjust the award amount or redistribute budgeted funds by at has the differemial established in 2
CFR 176.110(x).
(3) Unless the Federal Govemmen determines that an oxoeption to section 1605 of the Reoovery Act
applim use of tbmign iron, steel, and/or monuFA turod goods is nonoompham with section 1605
ofthe American Recovery and Reinvestment An.
d. Deis. To permit evaluation of requests under paragraph (b) of this section based on unreasonable cos4
the Recipient shall include the following information and any applicable supporting data based on the
Survey of suppliers:
Foreign and Domestic Items Coat Comparison
Description Unit of Measure Qwmttty Cost
ddlm
Baer I:
Foreign steel iron or manufactured good
Domestic steel iron, ormanufacturcdguod
Item 2:
Fomgnstaekuon , i)rmanufiicmredgpod
Domestic steel, iron or manufactured good
List name, address, telephone number, email address, and contact for suppliers surveyed. Attach copy of
response; if oral, attach summary.
Include other applicable supporting information.
'Tncludc all delivery costs to the construction site.
27. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS
(COVERED UNDER INTRRNATTONA14 ACREEi►>IbNNTS)—UCTION 1665 OF THE
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2609 (MAY 2009)
TlL64AWARD TMH ISAPPLICABLB TO ANY RRCO YEN Y4CT FUNDS FOR COJUERUCTIDN.
ALTERATION. AUNTENANCL OE REPAIR OFA PUBLICBUILDIfVG OR PUBLIC WORK
WITHA TOTAL PBOJELT VALUE OVER S7441MWATINVOLVESIRON STEEL, AN"R
HANMC VMD GOODS MATERIALS COMMED U MER MTERNATIONAL At�1_MEN
THIS AWARD TERM ALSO APPLIES TO ALL SUBGRANTSAND CONTRASTS.
a. Definitions. As used in this award term and condition—
Designated country—
Not Specified/Other 13
Contned OW w Exhibit A
102709
(1) A World Trade Organization Government Procurement Agreement country (Aruba, Austria,
Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Eato k Finland, France,
Germany, Greece, Hong Kong, Hungary, Iceland, Ireland. Israel, Italy, Iapen, Kom& (Republic
of), Latvia, Liechtenstein, Lithuania, Luxembourg, Mahn, Netherlands, Norway, Poland, Portugal,
Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzarland, and United
Kingdom;
(2) A Free Trade Agreement (PTA) country(Australia, Bahrein, Canada, Chik, Coma Rica,
Dominican Republic, El Salvador, Guatemala, Honduras, Israel, Mexico, Morocco, Nicaragua,
Otram, Peru, or Singapore); or
(3) A United States-European Communities Exchange of Lettua (May 15a 1993) country, Austria,
Helgiam, Bulpria. Cyprus, Czech Republic, Derimmk, Estonia, Finland, France, Germany.
Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembotiug, Malta, Netherlands, Poland,
Portugal, Romanis, Slovak Republic, Slovenia, Spain, Sweden, and United Kingdom.
Designated country iron, steel. and/or manufactured goods —
(1) Is wholly the growth, product, or manufietur a of a designated country; or
(2) In due case of a manufactured good that consist in whole or in part of materials from another
country, has been substantially transformed in a designated country into a new and diHuent
manufactured good diatimt from the materials from which it was nanaformed.
Domestic iron, steel, andlor manufactured good—
(1) Is wholly the growth, product, or manufacture of the United States; or
_ (2) In the can of a manufactured good dat consists in whole or in part of materials from another
country. has beta substantially transformed in the United States into a new and different
manufactured good distinct from the materials from which it was traneforrned. There is so
requirement with regard to the origin of components or subcomponents in manu0 ctorad goods or
products, as long as the manulitctme of the goods occurs in the United Suite$.
Foreign iron, steel, and/or marrifaclnred good meow iron, steel sndbr manufactured good that is not
domestic or designated country iron, steel, and/or manufactured good.
Manufactured good means a good brought to the comhuction site for incorporation into the building or
work that has been--
(1) Processed into a specific form and shape; or
(2) Combined with other raw material to awe a material that has ditTerent properties am the
properties of the individual raw materials.
Public building and public work mews a public building of, and a public work of: a governmental
emity (the United Statca; the District of Columbia; commonwealths, territories, and minor
outlying islands of the United States; State and kcal governments; and multi-State, regional, or
interstate entities which have governmental functions), These buildings and works may include,
without limitation, bridges, dams, plants, highways, Parkways, strata, subways, tutmels, sewers,
mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks. Pius,
wharves, ways, Hghibouses, buoys,Jetties, breakwaters, levees, and cm* and the construction,
alteration, maintenance, or repair of such buildings and works
Steel mesas an alloy that includes at least 30 percent iron, between .02 and 2 paccut carbon, and
may include other elaronta.
NotSpedflediOther 14
Contract W68 - Exhibit A
102709
i
b. Iron, steel, and msonfactutad goods.
(1) 'llie award tam sod condition described in this section implements--
(i) Section 1605(a) of the American Recovery and Reinvestment Acct of 2009 (pub. L. 111-5)
(Recovery Act), by requiring that all iron, steel, and transliterated goods used in the project
an produced in the United States; and
(h) Section 1605(d), v hicb requires application of to Buy American requirement in a IDanner
consistent with U.S. obligations under international agreements. The restrictions of section
1605 of the Recovery Act do Dot apply to designated country iron, steel, an for manufactured
goods, The Buy American requirement in sectirm 1605 shell not be applied where the iron,
steel or manufactured goods used In tlx: project ara fiumt a Party loan international agreement
that obligates the recipient to treat the goods and services of that Party the came as domes tic
goods and services. This obligation shall only apply to projects with an eadshated value of
$7,443,000 or morn.
(2) The recipient shall use only domestic or designated canonry iron, steel, and mamdacnurad goods in
performing the work fundal in whale or pmt with this award, except as provided in paragraphs
(b)(3) and (bx4) of this section.
(3) The requirement in paragraph (b)(2) of this section does not apply to the iron, steel, and
manufactured goods listed by the Federal Government as lbltows:
None
(Award official to list applicable excepted materials or indicate "name")
(4) The award official may add other iron, steel, and manubentred goods to the list in paragraph
(b)(3) of this section if the Federal Government determines that-
(i) The cost of domestic iron, steel, mud/a mansfacmrod goods would be unreasonable. l'he cost
of domestic irm steel, and/or manufacWred goods used in the project is unreasonable when
the cumulative cost of such material will increase the overall coat of the project by more than
25 percent;
(h) The hon, steel, and/or manufactured good is not produced, or manufactured in the United
States in sufficient and reasonably available commercial quantities of a satisfactory quality; or
(iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent
with the public interest.
c. Regast Gtr determination of inapplicability of section 1605 of the Recovery Actor the Buy American
Act.
(1) (i) Any recipient request to use foreign iron, steel, and/or mmmfactuted goods in accordance
with paragraph (b)(4) of this section shall include adequate inforahation for Federal
Government evaluation of the request, including—
(A) A description of the foreign and domestic iron, steel, and/or manufactured goods;
(B) Unit of measure;
(C) Quantity;
(D) Cost;
(E) Time of delivery or availability:
(F) Location of the project;
(0) Nance and address of the proposed supplier, and
(F ) A detailed justification of the reason for use of foreign iron, steel, and/or
manufactured goods cited in accordance with paragraph (bx4) of this section.
(tt) A request based on unreasonable cost shall include a reasonable survey of the market and a
completed cost comparison table in the format in paragraph (d) of dris section.
(iii) The cost of iron, steel, or manufactured goods shall include all delivery costs to the
Not Specified/Other 15
Contract 8888 - Exhibit A
102709
construction site and any applicable duty.
(iv) Any recipient request for a deturnination submitted after Recovery Act fords have been
obligated for a project for consmuction, aftraatiom maioteoance, or repok shall explain why
the recipient could not reasonably foresee the need for such determination and could not have
requested the determination before the fends were obligated. If the reciplt does not submit a
satisfactory explanation, the award official need not make a determination.
(2) If the Federal Government determines after fiords have been obligated for a project for
construction, alteration, maintenance, or repair that an exception to section 1605 of the Recovery
Act applies, the award official will amend the award to allow use of the foreign iron, ateci, and/or
relevant manufactured goods. When the basis for the exception is nonavailabillty or public
interest, the amended award shall reflect sdjusmtettt of the award amomt, redistribution of
budgeted funds, and/or other appropriate actions taken to ocver coats associated with acquiring or
using the foreign iron, steel, and/or ralmitt manufactured goods.. When the basin for the
exception is the unreasonable cost of the domestic iron, shed, or manufactured goods, the awned
official shall adjust the award amount or redistribute budgeted funds, as appropriate, by at least the
differential established in 2 CFR 176. 110(a).
(3) Unless the Federal Government daarrmras that an exception to section 1605 of the Recovery Act
applies, use of foreign iron, steel, and/or manufactured goods otter than designated country iron,
steel, and/or manalhaured goods is noncompliam with the applicable Act.
d. Data. To permit evaluation of requests under paragraph (b) of this section based on unreasonable cost,
the applicant shall include the following information and any applicable supporting data based on the
survey of suppliers:
Foreign std Domestic Items Coot Comparison
Description Unit of Quantity Coat
Measure dollar "
Item l:
Foreign s or manufactured good
Domestic stool iron, or manufactured good
born 2:
Foreign steel iron or manufactured good
Domestic steeL isxx4 or manufactured mood
List name. address, telephone number, email address, and contact for suppliers surveyed. Attach copy of
response; if oral, attach summary.
Include other applicable supporting imfornuhtiou.
*include all delivery costs to the construction site.
28. WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACC (MAY
NW)
THISAWARDFUMLSAPPLICABLETORE IOVERFACTPROGRAABORAC7IV1= ZZrAT
MAYINVOLVE CONSTRUCTION. ALTERATION. MAMMUNiM OR AFFAIR MMAWARD
TERMALSO APP=20ALL SUBG84Nf3 AND VQAMMC2X
Not Specified/Other 16
- Cordrad 8888 - Exhibit A
102709
a Section 1606 of the Recovery Act requires that all laborom end mechanics employed by cotractors
and subcontractors on projects funded directly by or assisted in whole or in put by and through the
Federal Government pursuant to the Recovery Act shall be paid wages at rates not less than those
prevailing on projats of a character similar in the locality as determined by the Secretary of labor in
accordance with subchapter IV of chapter 31 of tide 40, United States Code.
Pursuant le Reorgsmization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the Department of
Labor has issued rogulations at 29 CFR parts 1, 3, and 5 to implement the Davis-Bsoan and related
Acts. Regulations in 29 CFR 5.5 inslnrct agencies concerning application of the standard Davis-Bacon
contract clauses set forth in that section. Federal agarcles Providing green, cooperative agreements,
and loans under the Recovery Act shall ensure that the standard Danis-Bacon contract clauses found in
29 CFR 5.5(a) are incorporated is any resultant covered contracts that are in excess of$2,000 for
constructing alteration or repair (including painting and doomating).
b. For additional guidance on the wage rate requirements of sectim 1606, contact your awarding agency.
Recipients of grants, cooperative agreements and loans should direct their initial Enquiries concerning
the application of Davis-Bacon requirements to a particular federally assisted project to the Federal
agency finding the project. The Secretary of Labor retains final coverage authority under
Reorgasization Plan Number 14.
29, RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF
FEDERAL AWARDS AND RECIPIENT RICSPONSIBILITNS FOR INFORMING
SUBRECIPIENTS (MAY 2009)
a. To murim(se the transparency and accountability of finds authorized under the American Recovery
and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) as required by Congress and in
accordance with 2 CFR 215.21 "Uniform Administrative Requirements for Grants eW Agreements"
and OMB Circular A-102 Common Rules provisions, recipients agree to maintahr records that
identify adeguawly the source and application of Recovery Act fmWL OMB Circular A-102 is
available at htV./Avww.wbi*house.gov/omblokwhuWaIO2/&102jdmI
b. For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular A-133,
"Audits of States, Local Governmenu, and Non-Profit Organizations," recipients agree to separately
identify die expenditures for Federal awards under the Recovery Act on the Schedule of Expendiwrea
of Federal Awards (SETA) and the Data Collection Form (SF—SAC) required by OMB Circular A-
133. OMB Circular A--133 is available at httpJ/www.vhdtehouw.gov/omblcircWwWal33/a133.htm).
This shall be accomplished by identifying expenditures for Federal awards made under the Recovery
Act separately on the SEFA, and as separate rows under Item 9 of Part III on We SF—SAC by CFDA
number, and inclusion of the prefix "ARRA-" in identifying the name of the Federal program on the
SEFA and as the first charsawnr in item 9d of Part III on the SF--SAC.
c. Recipients agree to separately identify to each subrecipieat, and document at the time of subaward and
at the time of disbursement of funds, the Federal award number, CFDA number, and amount of
Recovery Act funds. When a recipient awards Recovery Act fiords for an existing program, the
information furnished to subrecipients shad distinguish the subawards of inererramod Recovery Act
finds fiom regular ntbawards under the existing program.
d. Recipients agree to require their subrecipiasts to inchde on Weir SEFA information to specifically
identity Recovery Act fording similar to the requirements for the recipient SEFA described above.
This Information is needed to allow the recipient to properly monitor subrecipient expamditure of
ARM lands as well as oversight by the Federal awarding Agencies, Offices of hapector General and
the Government Acumm shility Office.
30. DAVIS BACON ACT REQUIRKMIUNTS (MAY 2009)
THIS AWARD ZERMISAPPLICABLE 7i0 ARRA AWARDS WHEN WAGE RATE
Not SpecifiW/Other 17
Contract titling - Exhibit A
102709
B OUZFJuu= LWOHNSEC77ON M6 OT rRERECO -?YALTn" MAPP -> AU
7HISAWARD Sr VJS ALSO APPLWABL E70SUBGRAN7SANDCOATRACM
Note: When necessary to make the context of these articles applicable to this award, the term "Contractor"
shall mean "Recipient" and the tam "Subcontractor" shall mean `Subreeipient or Subcontractor" per the
following definitions.
Redpiemt moans the organization, individual, or other entity dot receives an award from DOE and is
financially scooin able fbr the use of any DM, finds or pmperry provided for the pefformancce of the
project, and is legally radlio cable for carrying out the tatms and condition, of the award.
Subreciptent means the legal entity to which a subaward is made and which is accountable to the recipient
for the use of the funds provided. The term may include foreign or iolernatiooal organizations (such as
agencies of the United Nation).
D"Is-Bacon Act
(a) Dq?nftkip —"Six of the work".
(1) MOM-
(i) The primary site of the wok. The physical place or places where the construction called for in
the award will remain when work on it is completed; and
(i) The secondary site of the work, if any. Any other site where a significant portion ofthe
building or work im tonstmcted, provided that such site is—
(A) Located in the United Stater; and
(S) Established specifically for the performance of the award or project;
(2) Exoept as provided in paragraph (3) of this definition, includes any fabrication plants, mobile
factories. batch plants, borrow pits,job headquarter., tool yards, etc., provided-
(i) They are dedicated exclusively, or neatly an, to performance of the award or project; and
(ii) They are adjacent or virtually arjacent to the `primary site of the work" as defined in
paragraph (a)(Ixi), or the "secondary site of the work" as defined in paragaph (axl)(ii) of
this definition;
(3) Door not include permanent hone offices, branch plant establiakmatts, fabrication plants, or tool
yards of a Contractor or subcontractor whose locations and continuance in operation are
determined wholly without regard to a particular Federal award or project. In addition, fabrication
plants, batch plants. borrow pits, job headquarters, yards, etc., of a commercial or material supplier
which are established by a supplier of materials for the project before opening of bids and not on
the Project site, are not included in the "site of the Wei k:" Such permanent, previously established
facilities are not a part of the "six of the work" even if the operations for a period of time may be
dedicated exclusively or nearly so, to the performance of a award
(h) (1) All laborers and mechanics employed or working upon the site of the work will be paid
unconditionally and not less often than omen a week, and without subsegnent 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 CM Part 3)), the full amount of wages and bona
fide fringe benefits (or rash equivalests thereat) due at time of payment computed at mice not Ian
that those contained in the wage 8eetnimtion of the Secretary of Labor which is attached haft
and made a part hereof, or as may be incorporated for a secondary site of the work, regardless of
any bontractuel relationship which may be alleged to exist between the Contractor and such
laborers and mechanics. Any wage determination incorporated far a secondary site of the work
shall be effective from the feat day on which work under the award was perfomad at dot site and
shall be incorporated without any adjustment in award price or estimated coat. Laborers employed
by the construction Contractor or construction subcontractor that am transporting portions of the
buildinn or wait between the secondary site of the work and the primary `ix of the work shall be
Not Specified/Other Is
i
Contract 6668 - Exhibit A
102709
paid in accordance with the wage determination applicable to the primary site of the work.
(2) Contributions made or costs reasonably wWcipated for bona fide fringe benefits under scaion
1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics we considered wages paid to
such laborers or mechanics, subject to the provisions ofparagraph (e) of this mticlG also, regular
contributions mode or costs incurred for mere then a weekly period (bud not less often than
quarterly) under plains, 8mfds, or programs which cover the particular weekly period, are deemed
to be constructively made or incurred during such period.
(3) Such laborers and mechanics shell be paid not lass than the appropriate wage rote and fringe
benefits in the wage determination ibr the classification of work aauafiy performed, without
regard to AM, excCpt as provided in the article atdtkd Apprentices and Trainees. Laborers or
mechanics pcaftxming work in morn then one slash ficstion may be compensated at the rue
specified for each classification for the time actually worlked therein; provided, that the employer's
payroll tecorda accurately set forth the time spent in o wh claWfication in which work is
perfitrmed.
(4) The wage determoation (including any additional cle sifications and wage rates conformed under
paragraph (c) of this article) and the Davis-Bacon poster (WH-1321) shall be posted at all times by
the Contractor and its suhcontractors at the site of the work in a prominent and accessible place
where it can be asily ucen by the workers.
c. (1) The Contracting Officer shall require that any class of laborers or mechanic& whirl, is not listed in
the wage determination and which is to be employed under the award shall be classified in
conformance with the wage determination. The Contracting Officer shall approve an additional
classification and wage rake and fringe benefits therefore only when all die following criteria have
been met:
(1) The work to be performed by the classification requested is not performed by a classification
m the wage determination.
(Ii) The classification is milized in the use by the construction industry.
(iii) The proposed wage rate, including any bona fide fringe benefits, bars a reasonable
relationship to the wage rates contained in the wage determination.
(2) If the Contractor and the laborers and mochaoim to be employed in the dasafloodon (if known).
or their reptuentatives and the Contracting Officer agree on the classification and wage rate
(bmcluding the amount designated for fringe benefits, where appropriate). a «port of the action
What shall be sent by the Contracting Officer to the Administrator of tha:
Wage 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.
(3) In the event the Contactor, the laborers or mechanics to be employed in the classification, or their
representatives, and the Contracting Officer er dtt not agree on the proposed classification and wage
rate (including the atilou n designatal for fringe benefits, where appropriate);the Contracting
Officer shall refer the questions, includntg the views of all interested parties and the
recommendation of the Contracting Office, to eta Administrator of the Wow and Hour Division
for dom imdion. The Adminiatratoy or an authodzed 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.
Not Spucificdhlther 19
Contract 6668 - Exhibit A
i
102709
I
(4) The wage rate (including fringe benefits, where appropriate) determined pursuant to
subpamSrapha (c)(2) and (c)(3) of gds article shall be paid to all workers performing work in the
classification under this award from the first day on which work is performed in the classification.
(d) Whenever the minimum wage rate prescribed in the award 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 an smted
in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof
(e) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as
put of the wages of any laborer or mechanic the smo rat of any coats reasonably saiicipatod in providing
bola tide fringe benefits under a plan or program; provided, that the Secretory of Labor bas found, upon the
written rogoest of the Contractor, that be applicable standards of the Davis-Booms Act have been met. The
Secretary of Labor may require the Contractor to act aside in a separate account assets for the meeting of
obligations under the plan or program.
Rita of Wages
The itirnimum wages to be paid laborers and mechanics under this award involved in pafonnena of work at
fire project sin, as determined by the Secretary of Labor to be prevailing for the corresponding classes of
laborers end mechanics employed on projects of a character similar to the contract work in the pertinent
locality. are included as on mach. to this award. These wage rata are minimum rates and are not intended
to represent the actual wage rates that the Contractor may have to pay.
Payrolls and Bait Reeords
(a) Payrolls and boric retards relating thereto shell be maintained by the Contractorduring the course of the
work and preserved for a period of 3 years thereafter for all Inherent and mechanics working at the site of
the work Such records shall contain the tome, address, sad social security number of each such worker, his
or her correct clarification, hourly rates of wages paid (including No of contributions or costs anticipated
for bona fide Singe benefhs or cub equivalents thereof of the types described in action I (b)(2)(B) of the
Davis-Bacon Act), daily and weekly number of hours worked, deductions mede, and actual wages paid.
Whenever the Stcrotury of labor has found, under paragraph (d) of doe article entitled Davis-Bacon Ate,
that the wages of any labour or mecltmic include the amount of any costs reasonably anticipated in
providing benefits under a plan or program described in section I(bx2)(B) of the Davis-Bacon Act, the
Connector r shall maintain records which show that the commitment to provide such bettefits is enforceable,
that the plan or program is financially respasu ble, aid that the plum or program has been communicated in
writing m the laborers or mecbaaies affected, aid records which show the team anticipated or the actual
cost incanted in providing such benefits. Contractors employing apprentices or trainee& under approved
programs shall maintain written evidence of the registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices sad trainees, and the n itios and wage rates prescribed
in the applicable programs
(b) (1) The Contractor shell submit weekly for each week in which any award work is performed a copy of all
payrolls to the Contracting Officer. The payrolls submitted shell set out accurately and completely all
of the information required to be maintained under paragraph (a) of this article, except that dill social
security numbers and berm addresses shall not be included on weekly tmttemivala Instead the
payrolls dell only need to include an individually ide dt ttg number for each employee (e.g., the lost
four digits of the employee's social security number). This information may be submitted in any form
dewed. Optional form WH-347 (Federal Stuck Number 029005-00014-1) is available for this
purpose and may be purchased from the --
Superintendent of Documents U.S, Government Printing Office washisgtoi, DC 20402
The Prom Contractor is responsible for the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social security member and current addrew of
each covered waken, and shall provide then upon mq ast b the Contracting Officer if the agency is a
Not Specifred/Otha 20
Contract 8688 - Exhibit A
102709
i
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 trammiadam to the Contracting Officer, the
o strisaw, or the Wega and House Division of the Department of Labor for purposes of as
imcstigation or audit of compliance with prevailing wage requirements. It is not a violation of this
section for a prima contractor to require a subcontractor to provide address" and social security
numbers m the prime contractor for its own mends, without weekly submission to the sponsoring
government agency (or the Wheat. Victim or owner).
(2) Each payroll submitted shall be accompanied by a "Saternent of Compliance: signed by the
Contractor or subcontractor or his or bw agent who pays or supervises the payment of the persons
employed under the award and shall ca* —
(i) That the payroll fix the payroll period contains the information required to W provided under
paragraph (bxl) of this article, the appropriate Information is being maintained under paragraph
(a) of this article and that such information is correct and comply
(ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the
award during the payroll period has been paid the fill weekly wages arced, without rebate, either
directly or indirectly, and that no deductions have been made either directly or indirectly from the
fbli wages earned, other than permissible deductions as sex forth in the Repladons, 29 CFR Part
3; and
(iio That each laborer or mechanic has bees paid not lea then the applicable wage rates and fringe
benefits or crib equivalents for the classification of work performed, as specified in the applicable
wage determination incorporated into the award
(3) The weekly submission of a properly executed certification sot forth on the reverse side of Options]
Form WH-347 shall satisfy the regWrement fiat submission ofthe "Statement of Compliance° required
by subparagraph (b)(2) of this article.
(4) The falsification of any of the certifications in this article may subject the Contractor or subcontractor
to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the
United Statcw Code.
(c) The Contractor or subcontractor shall make the records required under paragraph (a) of this article available
for iropectiom, copying, or transcription by the Contracting Officer or sutthorized representatives of the
Contracting Officer or the Department of Labor. The Contractor or subcontractor shell permit the
Contracting Officer or representatives of the Contracting Officer or the Department of Labor to interview
employees daring working hours on the job. If the Contractor or subcontractor fauns to submit required
records or to matte them available, the Contracting Offma may, after written notice to the Contractor, take
such action as may be necessary to cause the suspension of any further psymern. Furthermore, failtm; to
submit the required records upon request or to make such records available may be grounds for debarment
action pursuant %D29 CFR 5.12.
WithboldlagotkhftntN
The Contracting Officer shall, upon his or her 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
award or any other Federal award with the same Prime Contractor, or any other federally amisted award
subject to Davis-Bacon prevailing wage requirement;% which is hold by the same prime Contractor, so
much of the accrued payments or advances as Trey, be considered necessary to pay laboes and mechamims
including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full
arnoust of wages required by the award. In the event of failure to pay any laborer or mechanic, including
any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages
required by the award, the Contracting Officer may, after written notice to the Contractor, take such action
as may be ocuussmy to cause the ahapension of any fiather payment, advance, or guarantee offends until
such violations have ceased.
Apprentices and Trainees
Not Spedfed0ther 21
I
Contract 6668 - Exhibit A
102709
(a) Apprentices.
(1) An apprentice will be permitted to wok at lees that the predetermined nabs for the work they
performed when they are employed-
(i) thamnt to and individually registered in a bona tide apprenticeship program registered with
the U.S. Department of Labor, Employment and Training Administration, Office of
Apprenticeship and Training, Employer, and Labor Services (OATELS) or with a State
Apprenticeship Agency recognized by the OATELS; or
(i) In the first 90 days of probationary employment as an apprentice in such an apprenticeship
program, even though not individually registered in the program, if cartifiedby the OATELS
or a State Appren t ioealsip Agency (where appropriate) to be eligible for probationary
employment as an apprentice.
(2) The allowable ratio of apprentices to journeymen on the job site in any craft claaafrndon shall not
be greater than the ratio permitted to the Contractor as to the entire work farce under the registered
per•
(3) Any worker listed on a payroll at an apprentice wage raw, who is not registered or otherwise
employed as stated in paragraph (a)(1) of this article, shall be paid not lent than the applicable
wage determination for the classification of work actually performed. In addition, any appnxnioe
performing work on the job site in access 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.
(4) Where a contractor is performing construction on a project in a locality other tlun 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 shell be observed.
Every apprentico must be paid at not less than the rate specified in the registered program for the
apprentice's level of progress, expressed sa a percentage of the jo roeymen hourly rate bpcwitied
in the applicable wage deuerminatlon.
i
(5) Apprentices shall be paid fringe benefits in accordance with the provisions of the apprcaticesbip
program. If tiro appren melt program does not specify hinge benefits, apprentices must be paid
the fall amount of fringe benefits listed on the wage determination for the applicable classification.
If the Administrator determines that a different practice prevans for the applicable apprentice
classification, fringes shall be paid in accordance with that determination.
(6) In the event OATELS, or a State Apprenticeship Agency recognized by OATELS, withdraws
approval of an apprenticeship program, the Contractor will no longer be permitted to utilize
apprentices at leas than the applicable predetermined rate for the work perfanued until an
acceptable program is aDDroved
(b) Trainees.
(1) Excep( as provided in 29 CFR 5.16, traineea will not be permitted to work at less than the
predetermined rate for the work performed unless they are onpbryad pursuant to and individually
registem d in a program which has received prior approval, evidenced by formal certification by
the U.S. Department of Labor, Employment and Training Administration, Office of
Apprenticeship Training, Employer, and labor Servleos (OATELS). The ratio of trainees to
journeymen on the job site shall not be granter than permitted under the plan approved by
Was.
(2) Every trainee must be paid at not less than the raw specified in the approved program far the
wine'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
Not Specified(Otber 22
i
Contract SON - Exhibit A
102709
i
provisions of the trainee program. If the trainee program doca not mention Singe benefits, trainees
shall be paid the full amount of fringe btmeSb listed in the wage determination unless the
Administrator of the Wage and Hour Division determines that there is an apprenticeship program
associated with die eonesponding journe mart wage raw in the wage determination which
provides for less than full fiotge benefits for apprentices. Any employm lialed on the payroll at a
trainee rate who is not registered and participating in a training plan approved by the OATM
shall be paid not less than the applicablc wage rate in the wage determination for the classification
of work actually performed. In addition, any asinee performing work Dn the job site in excess of
the ratio permitted under due registered program AM be paid not leas than the applicable wage
rate in the wage determination for the work actually performed.
(3) In the event OATF.IS wWxlmws approval of a training prognim, the Contractor will so larger be
pctrotaxl m utilize trainees at less tom the applicable predetermined rate for the work performed
until an acceptable program is approved.
(d) Equal employment opportunity. The utilization of apprernh^ trainees, and journeymen under this
article shall be in conformity with the equal employment opportunity requirements of Executive
Order 11246, as amended, and 29 CFR Part 30.
Compliance with Gpelmd Act Requirements
The Contractor shall comply with the requitemeMS of 29 CPR Pan 3, which are hereby incorporated by
reference in this award.
Subcontracts (labor Standards)
(a) Definition "Construction, alteration or repsir;" as used in this article means all types of work door by
laborers and mechanics employed by the construction Contractor or construction suboontrwior on a
particular building or work at the site thereof, including without limitation—
(1) Altering, remodeling, installation (if appropriate.) on the site of the work of items fabricated off-
site;
(2) Painting and decorating;
(3) Marsdacuniog or furnishing of muerials, articles, supplies, or equipment on the site of the
building or work;
(4) Transportation of materials and supplies between the site of the work within the meaning of
paragraphs (a)(1 xi) and (ii) of the "site of the work" as defined in the article entitled Davis Bacon
Act of this awned, and a facility which is dedicated to the construction of the building or work and
is deemed pan of the site of the work within the naming ofperaviph (2) of the "site of work"
definition; and
(S) Transportation of portions of the building or work between a secondary site where a significant
portion of the building or work is consauct4 which is part of the "site of the work" definition in
paragraph (a)(]xii) of the DavlaBacon Act article, and the physical pleeo or places where the
holding or work will remain (paragraph (axl xi) of the Davis Boom Act article, in One "site of the
work" definition).
(b) The Contractor or subcontractor shall insert in my subcontracts for construction, alterations and repairs
within the United Staium the articles entided-
i
(1) Dsvis-Bscmt Act;
(2) Contract Work Hours and Saibty Standards Act -- Overtime Compensation (if the article is
Not SpecifiediOther 23
Cordro d 8888 - Exhibit A
102709
I
i
included in this award):
(3) Apprentices ad Tramoea;
(4) PayroW and Basic Records;
(5) Compliance with Copeland Act Rapir:mentg
(6) Wdthhok8ng of Farads;
(7) Subcontracts (LaborStandarda);
(8) Contract Termination — Debamunr,
(9) Disputes Concerning labor Standards;
(10)Complionce with Davie-Brawn and Related Act Reguletions; and
(11)Certification of Eligibility.
(c) The Prime Contract" stall be resperosible for compliance by any subcontractor or lower tier
subcontractor perfuming construction within the United States with all the award articles cited in
paragraph (b).
(d) (1)Within 14 days after issuance of the award, the Contractor shall deliver to the Contracting Officer a
completed Standard Form (SP) 1413, Statement and Acknowledgment, for each subcontract for
cona me ion within the United States, Including the subcontractor's signed and dated acknowledgment
that the articles eat forth in paragraph (b) of this article have been included in the subcontract.
Within 14 days after the award of any subsequently awarded subcontract the Contractor shall deliver to
the Contracting Officer an updated cw&ted SF 1413 for such additional subcontract.
(e) The C mbactor elan insert the substance of this article, including this paragraph (e) in all subcontracts
for construction within the United Stasis.
i
Conn me Termination — Debarment
I
A breach of the award articles entitled Davi -Baum Act, Contract Work Hours and Safety Standards Act —
Overtime CoWnsation, Apprentices and Trainees, Payrolls and Basic Records, Compliance with
Copeland Act Requumnents. Subcontracts (Labor Standards), Compliance with Davis-Bacon and Related
Act Regulatiotu, or Certification of Eligibility may be grounds for termination of the whole award or in
part for the Recovery Act caged work only, and for debarment as a Contractor and subcontractor as
provided in 29 CFR 5.12.
Compliance with Davis-Bacon and Related Act Regulations
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 39 and 5
are hereby incorporated by reference in this award.
Disputes Concerning Labor Standards
The United States Departman of Labor has set forth in 29 CFR Parts 5, 6, and 7 procedures for resolving
diapaes concerning labor standards requirements. Such disputes shall be resolved in accordance with those
procedures sod not the Disputes and Appeals as defined in 10 CFR 600.22. Disputes within the meaning of
this article include disputes between the Contractor (or any of its subcontractors) and the ctxaracting
agency. the U.S. Daimbnent of Labor, or the employees or their representatives.
Not Specified/Other 24
Contrad W68 - Exhibit A
102709
i
CerMation of Ellglbility
(a) By entering into this swent the Contractor certifies that rather it (nor be or she) nor any person or
fare who has an interest In the Contractor's firm is a person or firm Ineligible to be awarded
Government awards by virtue of section 3(a) of the Davis-Baser Act or 29 CFR 5.12(axl).
(b) No pat of this award shall be subcontracted to any person or firm ineligible for award of a
Oovemmmt award by virtue of section 3(a) of the Davis-Bacm Act or 29 M 5.12(a)(1).
(c) The penalty for making false statements is prescribed in die U.S. Criminal Code, 18 U.S.C. 1001.
Approval of Wage Rates
All straight time wage rotas, and overtime race based thereon, for laborers and mechanics engaged in work
under this award must be submitted for approval in writing by the head of the coatmoting activity or a
representative expressly designated for this purpose, if the straight time wages exceed the rases for
coomponding classifications contained in the applicable Davis Bsoon Act minimum wage determination
uacludod in the award. Any amount paid by the Contractor to any laborer or mechanic in excess of the
agency approved wage rate shall beat the expense of the Contractor and doll not be reimbtased by the
Government. If the Government refuses to authorize the on of the overtime, the Contractor is not released
from the obligation to pay employees at the required overtime rates fbr any overtime actually worked.
31. HISTORIC PRESERVATION
Prior to the expenditure of Federal funds to alter any shucture or site, the Recipient is required to comply
with the requin m, to of Section 106 of the National Historic Preservation Act (NHPA), consistent with
DOB's 2009 letter of delegation of authority regarding the NHPA. Section 106 applies to historic properties
that ate listed in or eligible lbr listing in the National Register of Historic Places. In order to fulfill the
requirements of Section 106, the Recipient must contact the State Historic Preservation Officer (SHPO),
and, if applicable, the 'IYibal Historic Preservation Officer (TftPO), to coordinate litre Section 106 review
outlined in 36 CFR Part 800. SHPO contact information is available at the fallowing link:
h ' / TIIPO contact infornation is available at the fbilowmg link:
Section 110(k) of the NHPA applies to DOE funded activities. Recipients shall avoid taking any action
that results in an adverse effect to Maoris properties pending compliance with Section 106.
Recipients should be aware that the DOE Contracting Ofllcer will cunxider compliance with Section 106 of
NHPA complete only after the Recipient has submitted adequate background dowmmtation to the
SHPOIfHPO for its review, and the SHPOr1HP0 has provided written concurrence to the Recipient that it
does not object to its Section 106 finding or downtimtioa Recipient shall provide a copy of this
concurrence to the Contracting Officer.
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Not Speci6ad/Odser 25
Contrad 6888 - Exhibit A
102709
ATUCHMENI' I — INTELLECTUAL PROPERTY PRQVBION8
Intefie "al Property Provisions (LARD-1063)
Nonreommh and Development
Nonprofit organizations are subject to the intellectual property requirements at 10 CFR 600.136(a), (c) and (d).
All other organizations are subject to the haellscund property requirements at 10 CFR 600.136(x) and (c),
600.136 Intangible property.
(a) Recipients my copyright any work that is subject to copyright and was developed, to for which ownership
was purchosed, under an award. DOE reserves a royalty-See, nonexcha ive and irrevocable right to reproduce,
publish or otherwise use the work for Federal purposes, and to authors others to do so.
(c) DOE has the right to:
(1) Obtain, reproduce, publish or otherwise use the dun first produced under an award; and
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(2) Authorize other to receive, reproduce, publish, or otherwise use such data fiat Federal purposes.
(d) In addition, in response to a Freedom of inibromion act (FOIA) request far research data relating to
published research findings produced under an award that were used by the Federal Ooverrunent in developing
on agency Motion that ham the force and effect of law, the DOE shall request. and the recipient shall provide,
within a reasonable time, the research data so that they can be made available to the public through the
procedures established under the FOIA, if the DOE obtains the research dam solely in response to a FOIA
request, the agency may charge the regrealaa a ruaramable fee equaling the felt incremedal cost ofobtairing the
research data. This fee should reflect the was incurred by the agency, the recipient, and applicable
submeipianga. This fee is in addition to any S:a the agency may assess trader the FOIA (5 U.S.C.
552(ax4)(A)).
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Not Spenmed/Other 26
Contract 6668 - Exhibit A
NATIONAL POLICY ASSURANCES TO BE INCORPORATED AS AWARD TERMS (OCT 2004)
To the extent that a term does not apply to a particular type of activity or award, it is self-deleting.
Nondiscrimination
By signing this agreement or accepting funds under this agreement, the recipient assures that it will comply with applicable
provisions of the following, national policies prohibiting discrimination:
a. On the basis of race, color, or national origin, in Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, at seq.), as
Implemented by DOE regulations at 10 CFR part 1040.
b. On the basis of race, color, religion, sex, or national origin, in Executive Order 11246 [3 CFR, 1964-1965 Comp., p. 339], as
Implemented by Department of Labor regulations at 41 CFR part 60.
c. On the basis of sex or blindness, in Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 , et seq.), as implemented
by DOE regulations at 10 CFR parts 1041 and 1042.
1
d. On the basis of age, in the Age Discrimination Act of 1975 (42 U.S.C. 6101 , at seq.), as implemented by Department of
Health and Human Services regulations at 45 CFR part 90 and DOE at 10 CFR part 1040.
e. On the basis of handicap, in:
11. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as implemented by Department of Justice regulations at 28
CFR part 41 and DOE regulations at 10 CFR part 1041 .
2; The Architectural Barriers Act of 1968 (42 U.S.C. 4151 , at seq.).
Live Organisms
By sgning this agreement or accepting funds under this agreement, the recipient assures that it will comply with applicable
provisions of the following national policies concerning live organisms:
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a. For human subjects, the Common Federal Policy for the Protection of Human Subjects, codified by the Department of Health
and Human Services at 45 CFR part 46 and implemented by DOE at 10 CFR part 745.
b. For animals:
1 . Rules on animal acquisition, transport, care, handling, and use in 9 CFR parts 1 -4, Department of Agriculture rules
implementing the Laboratory Animal Welfare Act of 1966 (7 U.S.C. 2131 -2156) , and guidelines in the National Academy
of Sciences (NAS) "Guide for the Care and Use of Laboratory Animals" (1996), including the Public Health Service Policy
and Government Principles Regarding the Care and Use of Animals in Appendix D to the guide.
Z Rules of the Departments of Interior (50 CFR parts 10-24) and Commerce (50 CFR parts 217-227) implementing laws and
conventions on the taking, possession, transport, purchase, sale, export, or import of wildlife and plants, including the:
Endangered Species Act of 1973 (16 U.S.C. 1531 -1543); Marine Mammal Protection Act (16 U.S.C. 1361 -1384); Lacey
Act (18 U.S.C. 42); and Convention on International Trade in Endangered Species of Wild Fauna and Flora.
SMirment and suspension
The recipient agrees to comply with the requirements regarding debarment and suspension in Subpart C of 10 CFR part 606,
which implements E.O. 12549 [3 CFR, 1986 Comp., p. 189]; E.O. 12689 [3 CFR, 1989 Comp., p. 235]; and Sec. 2455 of
Federal Acquisition and Streamlining Act of 1994 (Pub. L. 103-355). The recipient also agrees to communicate the requirement
to comply with Subpart C to persons at the next lower tier with whom the recipient enters into transactions that are "covered
transactions" under Subpart B of 10 CFR part 606.
1
Contract 6668 - Exhibit A
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NATIONAL POLICY ASSURANCES TO BE INCORPORATED AS AWARD TERMS (OCT 2004)
To the extent that a term does not apply to a particular type of activity or award, it is self-deleting.
Hatch Act
The recipient agrees to comply with the Hatch Act (5 U.S.C. 1501 -1508 and 7324-7328), as implemented by the Office of
Personnel Management at 5 CFR part 151 , which limits political activity of employees or officers of State or local governments
whose employment is connected to an activity financed in whole or part with Federal funds.
Fmlron rental Standards
By!signing this agreement or accepting funds under this agreement, the recipient assures that it will:
a. ', Comply with applicable provisions of the Clean Air Act (42 U.S.C. 7401 , et. seq.) and Clean Water Act (33 U.S.C. 1251 , et.
seq.), as implemented by Executive Order 11738 [3 CFR, 1971 -1975 Comp., p. 799] and Environmental Protection Agency
(EPA) rules at Subpart J of 40 CFR part 32.
b. Identify to the awarding agency any impact this award may have on:
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1. The quality of the human environment, and provide help the agency may need to comply with the National Environmental
Policy Act (NEPA, at 42 U.S.C. 4321 , et. seq.) and to prepare Environmental Impact Statements or other required
environmental documentation. In such cases, the recipient agrees to take no action that will have an adverse
environmental impact (e.g., physical disturbance of a site such as breaking of ground) until the agency provides written
notification of compliance with the environmental impact analysis process, as implemented by DOE at 10 CFR part 1021 .
2. Flood-prone areas, and provide help the agency may need to comply with the National Flood Insurance Act of 1968 and
Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 , et. seq.), which require flood insurance, when available, for
Federally assisted construction or acquisition in flood-prone areas, as implemented by DOE at 10 CFR part 1022.
31 Coastal zones, and provide help the agency may need to comply with the Coastal Zone Management Act of 1972 (16
U.S.C. 1451 , et. Seq.), concerning protection of U.S. coastal resources.
4. Coastal barriers, and provide help the agency may need to comply with the Coastal Barriers Resource Act (16 U.S.C.
3501 , et. seq.), concerning preservation of barrier resources.
5. Any existing or proposed component of the National Wild and Scenic Rivers system, and provide help the agency may
need to comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 , at seq.).
6. Underground sources of drinking water in areas that have an aquifer that is the sole or principal drinking water source, and
provide help the agency may need to comply with the Safe Drinking Water Act (42 U.S.C. 300h-3).
Drug-Free Workplace
The recipient agrees to comply with the requirements regarding drug-free workplace requirements in Subpart B (or Subpart C, if
the recipient is an individual) of 10 CFR part 607, which implements sec. 5151 -5160 of the Drug-Free Workplace Act of 1988
(Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701 , at seq.).
National Historic Preservation
The recipient agrees to identify to the awarding agency any property listed or eligible for listing on the National Register of
Historic Places that will be affected by this award, and to provide any help the awarding agency may need, with respect to this
award, to comply with Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470, at seq.), as implemented by
the' Advisory Council on Historic Preservation regulations at 36 C.F.R. part 800 and Executive Order 11593 [3 CFR, 1971 -1975
Comp., p. 559 .
2
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Contract 6668 - Exhibit A
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O licials Not to Benefll
No!, member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this agreement, or
to any benefit arising from it, in accordance with 41 U.S.C. 22.
Preference for U.S. Flap Carriers
Travel supported by U.S. Government funds under this agreement shall use U.S.-flag air carriers (air carriers holding certificates
under 49 U.S.C. 41102) for international air transportation of people and property to the extent that such service is available, in
accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) and the
interpretative guidelines issued by the Comptroller General of the United States in the March 31 , 1981 , amendment to
Comptroller General Decision B-138942.
Ceirao Preference
The recipient agrees that it will comply with the Cargo Preference Act of 1954 (46 U.S.C. 1241 ), as implemented by Department
of Transportation regulations at 46 CFR 381 .7, which require that at least 50 percent of equipment, materials or commodities
procured or otherwise obtained with U.S. Government funds under this agreement, and which may be transported by ocean
vessel, shall be transported on privately owned U.S.-flag commercial vessels, if available.
Relocation and Real Properly Acaulsition
The recipient assures that it will comply with 49 CFR part 24, which implements the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 , at seq.) and provides for fair and equitable treatment of persons
displaced by Federally assisted programs or persons whose property is acquired as a result of such programs.
Lobbyina
The recipient assures that it is not an organization described in section 501 (c)(4) that has engaged in any lobbying activities
described in the Lobbying Disclosure Act of 1995 (2 U.S.C. 1611 ). Recipients that are 501 (c)(4) organizations further agree that
they will not engage in such lobbying activities during the term of this award.
Native American Graves Protectlon and Repatriation Act of 1990
The recipient, H it is an organization which controls or possesses Native American remains and associated funerary objects and
receives Federal funding even for a purpose unrelated to the Act, agrees to comply with the requirements of 43 CFR part 10,
which Implements the provisions of 25 U.S.C. 3001 at seq.
3