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HomeMy WebLinkAboutDoc 275 - Grant Agreement - US Dept of EnergyDESCHUTES COUNTY DOCUMENT SUMMARY (NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form electronically to the Board Secretary.) Please complete all sections above the Official Review line. Date: !April 16, 20101 Department: Administrative Services Contractor/Supplier/Consultant Name: i.5. Department of Energy Contractor Contact: Martha Kass Contractor Phone #: 865-576-0717; Type of Document: Grant Agreement. Goods and/or Services: Energy Efficiency and Conservation Block Grant, Deschutes County Document #010/0- - 7 S . Background & History: Deschutes County has been awarded an Energy Efficiency and Conservation Block Grant from the U.S. Department of Energy in the amount of $325,700. The attached grant agreement and special terms and conditions document provide additional information concerning administration of the funds. The grant will be used to develop an energy efficiency and conservation strategy, replace light fixtures in County -owned buildings, repave the La Pine Park and Ride, and implement an energy efficiency design and construction education project in the Community Development Department. An assistance agreement authorizing the initial $12,000 of the grant was signed by the Board on December 9, 2009. The attached assistance agreement authorizes spending the balance of the $325,700 grant. Agreement Starting Date: 03/19/2010 Annual Value or Total Payment: $325,700 total] Ending Date: ❑ Insurance Certificate Received (check box) Insurance Expiration Date: 11/19/2012 Check all that apply: ❑ RFP, Solicitation or Bid Process ❑ Informal quotes (<$150K) ❑ Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37) Funding Source: (Included in current budget? ❑ Yes ® No If No, has budget amendment been submitted? ❑ Yes ® No (pending) Is this a Grant Agreement providing revenue to the County? ® Yes 7 No 4/16/2010 Special conditions attached to this grant: See attached. Deadlines for reporting to the grantor: Quarterly If a new FTE will be hired with grant funds, confirm that Personnel has been notified that it is a grant -funded position so that this will be noted in the offer letter: ❑ Yes ❑ No Contact information for the person responsible for grant compliance: Name: Martha J. Kass Phone #: 865-576-0717 Departmental Contact and Title: Judith lire Phone #: 541-330-4627 c / Director Approval: ' fil li Department p p <:�...-���: .� _ �: . Signat re Date Distribution of Document: Who gets the original document and/or copies after it has been signed? Include complete information if the document is to be mailed. Official Review: County Signature Required (check one): kJ BOCC ❑ Department Director (if <$25K) ❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. Legal Review l Date Document Number gO . b - ;--15 4/16/2010 NOT SPECIFIED /OTHER ASSISTANCE AGREEMENT 1. Award No. DE-SC0003180 2. Modification No. 001 3. Effective Date 03/19/2010 4. CFDA No. 81.128 5. Awarded To DESCHUTES COUNTY BOARD OF COMMISSIONERS, INC .Attu: JUDITH URE 1300 NW WALL ST SUITE 200 BEND OR 977011939 a. Sponsoring Office Oak Ridge U.S. Department of Energy 19.0. Box 2001 Oak Ridge TN 37831 7. Period of Performance 11/20/2009 through 11/19/2012 8. Type of Agreement 9. Authority Energy Independence and Security Act (EISA) of 2007 10. Purchase Request or Funding Document No. 10SC003799 X Grant ❑ Cooperative Agreement ❑ Other 11. Remittance Address DESCHUTES COUNTY BOARD OF COMMISSIONERS, INC Attn: JUDITH URE 1300 NW WALL ST SUITE 200 ,BEND OR 977011939 12. Total Amount Govt. Share: $325,700.00 Cost Share : $0.00 Total : $325,700.00 13 Funds Obligated This action: $313,700.00 Total : $325,700.00 14. Principal Investigator See original award document 15. Program Manager Martha J. Kass Phone: 865-576-0717 16. Administrator Oak Ridge U.S. Department of Energy P.O. Box 2001 Oak Ridge TN 37831 17. Submit Payment Requests To OR for Oak Ridge/OSTI U.S. Department of Energy Oak Ridge Office Oak Ridge Financial Service Center P.O. Box 6017 Oak Ridge TN 37831 18. Paying Office OR for Oak Ridge/OSTI U.S. Department of Energy Oak Ridge Financial Service Center P.O. Box 6017 Oak Ridge TN 37831 19. Submit Reports To See Updated Attachment 3 Reporting Requirements 20. Accounting and Appropriation Data Block Grants 21. Research Title and/or Description of Project ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT For the Recipient For the United States of America 22. Signature of Person Authorized to Sign 25. Signature of Grants/Agreements Officer Signature on File 23. Name and Title 24. Date Signed 26. Name of Officer BEVERLY HARNESS 27. Date Signed 03/22/2010 if REMED G y Y'tf LEGAL_CQU.NSEL.... NOT SPECIFIED /OTHER X-2010-275 NOT SPECIFIED /OTHER CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED DE-SC0003180/001 PAGE OF 2 ! 3 NAME OF OFFEROR OR CONTRACTOR DESCHUTES COUNTY BOARD OF COMMISSIONERS, INC ITEM NO. (A) SUPPLIES/SERVICES (B) laUANTITY (C) U(ND1 ) UNIT PRICE (E) AMOUNT (F) DUNS Number: 030805147 TAS::89 0331::TAS Recovery Act Energy Efficiency and Conservation Block Grant Amendment for Deschutes County, OR. Grant Administrator: Trae Crowder Phone: 865-576-4102 Email: crowdertn@oro.doe.gov The administrative office for this amendment is 00518. The administrative office (administrative contracting activity) code is needed by the contractor/recipient for reporting to FederalReporting.gov concerning awards made with funding from the American Recovery and Reinvestment Act of 2009 (ARRA or Recovery Act). ASAP: Yes Extent Competed: NOT AVAIL FOR COMP Davis -Bacon Act: YES The purpose of this amendment is to accomplish the following: 1)Delete Special Terms and Conditions, and Attachments 1, 2, 3, 4, and 5 on the base award and insert new Special Terms and Conditions, and A ttachments 1, 2, 3, 4, 5, and 7 to this amendment in lieu thereof. 2) Change the Grant Specialist, Administrative Grant Officer, and Grant Negotiator to Trae Crowder. 3) Change payment terms to standard immediate. This is strictly an administrative change and ha no effect on current payment process for the grantee. This change is being made at the reques of the Oak Ridge Financial Services Center for internal purposes. Obligated Amount for this Modification: $313,700.00 New Total Obligated Amount for this Award: $325,700.00 Incremental Funded Amount changed: from $12,000.00 to $325,700.00 Fund: 05796 Appr Year: 2009 Allottee: 30 Report Entity: 471999 Object Class: 41000 Program: Continued ... 1005115 Project: 2004350 WFO: 0000000 Local Use: t NOT SPECIFIED /OTHER INT SPECIFIED /OTHER CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED DE-SC0003180/001 PAGE OF 3 J 3 NAME OF OFFEROR OR CONTRACTOR DESCHUTES COUNTY BOARD OF COMMISSIONERS, INC ITEM NO. (A) SUPPLIES/SERVICES (B) CUANTITY (C) U(D)NIT UNIT PRICE (E) AMOUNT (F) 0000000 TAS Agency: 89 TAS Account: 0331 JULY 2004 NOT SPECIFIED /OTHER EECBG Activity Worksheet Grantee: Deschutes County Date: 06/24/2009 DUNS* 30-805147 Program Contact Email: Erik_Kropp©co.deschutes.or.us Program Contact First Name: Erik Last Name: Kropp Project Title: Deschutes County Energy Inspection & Consultation Project Activity: 6. Buildings and Facilities Sector: Public Proposed Number of Jobs Created: 0.00 Proposed Energy Saved and/or Renewable Energy Generated: If Other: If Other: Proposed Number of Jobs Retained: 1.00 10,500 BTUs annually (estimated) Proposed GHG Emissions Reduced (CO2 Equivalents): 250.000 Proposed Funds Leveraged: . 00 Proposed EECBG Budget: 80,000.00 Projected Costs Within Budget: Administration: $72,500.00 Revolving Loans: Subgrants: Project Contact First Name: Tom Last Name: Anderson Metric Activity: Building Codes and Standards If Other: Email: tom_anderson®co.deechutes.o.us Project Summary: (limit summary to space provided) Deschutes County proposes to implement a program designed to promote energy efficiency design and construction within the community. The County will partner with the Central Oregon Builders Association and other local organizations involved with energy efficient design and construction in order to reach out to the community of designers, architects, builders, and homeowners. The overall goal will be to reduce energy consumption within the community through the use of energy efficient design, innovative building techniques, and alternative building materials. The proposed project will also help retain County jobs that would otherwise be subject to cost reduction measures. The program will involve four main components: 1) Intensive Staff Training. The State of Oregon Structural and Specialty codes already contain extensive energy efficiency provisions which are subject to regular updates. All County Building Division staff, including plans examiners and inspectors, will undergo intensive code training offered by the Cascadia Region Green Building Council and the Oregon Building Codes Division. Additional training opportunities will be pursued as they become available during the year. An internal steering committee will ensure that new concepts and onging experiences are shared internally. 2) Promotional Materials. A selection of additional handout information will be both gathered and developed internally to educate contractors, designers, do-it-yourselfers, and others about the latest energy saving. construction techniques and building materials. Printed information will be distributed with each building permit as well as made available to all visitors to the permit office. Information will also be shared with partner organizations for distribution through newsletters and direct mailings. Finally promotional posters, logos, and information posted in County facilities and on business cards and staionery will demonstrate the agency's commitment to the program and help spread the message within the community. 3) Plan Review and Inspection Consultation. The most important objective of the program will be to provide direct advice and consultation to customers through plans examination and on-site inspection services. For both new construction projects as well as remodels and retrofits, plans examiners and inspectors will be able to offer suggestions and present alternatives to help construct more energy efficient buildings. A supplemental information sheet will be attached to all reviewed plans containing a checklist of building components and opportunities for decreased energy consumption. Field inspectors will advise customers about alternative building materials that either require less energy to produce or will improve the energy efficiency of the structure. Both examiners and inspectors will provide advice about how the structure may score on various energy efficiency certifications. Areas of particular emphasis in the coming year will include on-site solar and wind energy generation as well as gray water re -use techniques. 4) Program documentation and reporting: An important aspect of the proposed project will be to thoroughly document activities associated with providing the consultation described above. In addition to enhancing the visibility of the program by demonstrating successes, documentation will also help ensure that all internal employees are motivated by the progress and able to learn from each other's experiences. An important objective will be to translate documented activities to actual energy usage reduction statistics in the community. If you are proposing more than one activity, save this file as many times as needed with successive page numbers. For example: "OH -CITY -Columbus - Project Activity page 1.pdf," "OH -CITY -Columbus -Project Activity page 2.pdf," and continue as needed. EECBG Activity Worksheet Grantee: Deschutes County Date: 06/24/2009 DUNS #: 30805147 Program Contact Email: Erik_Kropp@co.deschutes.or.us Program Contact First Name: Erik Last Name: Kropp ProjectTitle: Deschutes County Transportation Infrastructure Improvement Project Activity: 7 • Transportation Sector: Public Proposed Number of Jobs Created: 0.22 If Other: If Other: Proposed Number of Jobs Retained: Proposed Energy Saved and/or Renewable Energy Generated: 7,290 gallons gasoline Proposed GHG Emissions Reduced (CO2 Equivalents): 153, 648.000 Proposed Funds Leveraged: $0.00 Proposed EECBG Budget: 20, 000.00 Projected Costs Within Budget: Administration: Revolving Loans: Subgrants: Project Contact First Name: Tom Last Name: Blust Email: To"'—Blusteco.deschutes.or.us Metric Activity: Transportation If Other: Project Summary: (limit summary to space provided) The proposed Deschutes County Transportation Infrastructure Improvement Project will increase capacity at an existing park and ride lot by 10 additional parking spaces. The current lot, located within a small city approximately 30 miles from the County's central urban services area, is regularly filled and potential users of public transit services are turned away daily. Expanding the lot to accommodate an additional 10 cars at any given time throughout each day is expected to reduce the mileage of single -vehicle occupancy trips in Deschutes County by a total of 158,400 each year, resulting in an estimated conservation of 7,290 gallons of gasoline annually. By removing cars from the road, the project will also eliminate approximately 153,648 lbs. of CO2 from the atmosphere each year. These benefits will continue to accrue well after the grant period has expired. The affected park and ride lot serves a community of approximately 7,500 people in the City of La Pine who routinely travel to the City of Bend to work, attend school, shop, access medical and health care services, visit friends and relatives, and attend community meetings and events. Located at the busy intersection of Wickiup Junction and Highway 97, the lot is served by an intra -community public transit system that travels between La Pine and Bend four times daily and connects with routes to four other communities within the region as well. The proposed project consists of improving the existing 14,750 square foot park and ride lot by grading, adding rock base, applying asphalt, painting stripes and signage, and installing fencing to maintain the existing surface. More importantly, the project will add 10 new parking spaces to the 24 standard and 2 accessible spaces currently available, increasing total capacity by 38%. Deschutes County will select a qualified contractor through a public process that is consistent with existing purchasing guidelines and procedures to perform the work. The County's Road Department has already prepared plans for the improvements in coordination with Commute Options for Central Oregon, a local non-profit community action group that is dedicated to promoting alternatives to single -occupancy vehicle travel. Road Department staff will supervise the project. The number of jobs to be created by the proposed project totals .22 FTE when calculated with the accepted American Recovery and Reinvestment Act of 2009 formula of 1.0 FTE per $92,000 investment. However, Deschutes County anticipates that the project will employ 5 persons during the duration of construction. If you are proposing more than one activity, save this Me as many times as needed with successive page numbers. For example: "OH -CITY -Columbus - Project Activity page 1. pdf, " "OH -CITY -Columbus -Project Activity page 2. pdf, " and continue as needed. EECBG Activity Worksheet Grantee: Deschutes County Date: 06/24/2009 DUNS #: 30805147 Program Contact Email: Erik_Kropp@co.deschutes.or.us Program Contact First Name: Erik Last Name: Kropp ProjectTitle: Deschutes County Building Retrofit Projects Activity: 5. Energy Efficiency Retrofits If Other: Sector: Public If Other: Proposed Number of Jobs Created: 2.32 Proposed Number of Jobs Retained: Proposed Energy Saved and/or Renewable Energy Generated: 98,560 kWh / 67 gallons of fuel Proposed GHG Emissions Reduced (CO2 Equivalents): 2,000.000 Proposed Funds Leveraged: $0.00 Proposed EECBG Budget: 213, 700.00 Projected Costs Within Budget: Administration: Revolving Loans: Subgrants: Project Contact First Name: Susan Last Name: Ross Email: susan_Roeeeco. deschutee.or.ue Metric Activity: Building Retrofits If Other: Project Summary: (limit summary fo space provided) Deschutes County proposes to use $213,700 in Energy Efficiency and Conservation Block Grant (EECBG) funding to retrofit existing County -owned facilities with energy efficient light fixtures and HVAC systems. The proposed Building Retrofit Project will result in significant reductions in annual use of electricity and will reduce travel to satellite buildings for the purpose of assessing maintenance and repair issues. The proposed project includes five elements: Project 2A: Replace the HVAC control system at the South County Services Building, located 30 miles from the County's maintenance facility. An electronic control system will allow for remote regulation of interior temperatures and for centralized monitoring and assessment. This efficiency is expected to result in an estimated 50% reduction in single -occupant vehicle trips annually, saving 67 gallons of fuel and preventing 2,000 lbs of carbon emissions from entering the atmosphere each year. Project 2B: Replace the HVAC chiller and 239 light fixtures at the Wall Street Services Building. The existing chiller unit is approximately 30 years old and replacement is expected to reduce energy use and costs by approximately 30%. The replacement unit will exceed ASHRAE 90.1 standards and the Advanced Energy Design Guide for K-12 schools while the reduced HFC -410A refrigerant charge will qualify for 4 LEED credits. In addition, T-12 light fixtures will be replaced in this facility with T-8 fixtures which are 30-50% more efficient and are projected to save 27,166 kWh and $1,766 per year. Project 2C: Replace 192 T-12 light fixtures at the Mike Maier Services Building with T-8 fixtures for a projected savings of 21,824 kWh and $1,419 per year. Project 2D: Replace 90 T-12 light fixtures at the Road Department Facility T-8 fixtures for a total reduction in electrical energy use of 27,000 kWh per year and an annual cost savings of $1,755. Project 2E: Replace 61 4 -lamp T-12 light fixtures at the Deschutes County Historical Museum with 2 -lamp T-8 fixtures, resulting in a total reduction in electrical energy use of 22,570 kWh per year and an annual cost savings of $1,467. Overall energy savings resulting from the proposed project are likely to be higher than stated as some factors associated with the HVAC component replacements, including how the systems will be used, hours of operation, and temperature control settings cannot be accurately assessed until the projects are completed and fully operational for a period of time. Cost estimates are based on preliminary discussions with vendors. Prior to implementation, Deschutes County will select a qualified supplier and installer to perform the work through a public process that is consistent with existing purchasing guidelines and procedure. The County's Property and Facilities Department will administer the contract, supervise the work, and monitor the results. Consistent with the goals of the American Recovery and Reinvestment Act (ARRA) of 2009, and based on the generally accepted formula of 1.0 FTE per $92,000 expended, the proposed project is calculated to also create 2.32 new jobs within the national economy. If you are proposing more than one activity, save this file as many times as needed with successive page numbers. For example: "OH -CITY -Columbus - Project Activity page 1.pdf," "OH -CITY -Columbus -Project Activity page 2.pdf,"and continue as needed. EECBG ActivityWorksheet Grantee: Deschutes County Date: 06/24/2009 DUNS #: 30805147 Program Contact First Name: Erik Program Contact Email: Erik_Kropp@co.deschutes.or.us Last Name: KrOpp ProjectTitle: Deschutes County Energy Efficiency and Conservation Strategy Development Activity: 1. Energy Efficiency and Conservation Strategy If Other: Sector: Public If Other: Proposed Number of Jobs Created: o . 00 Proposed Number of Jobs Retained: 0.13 Proposed Energy Saved and/or Renewable Energy Generated: 0 Proposed GHG Emissions Reduced (CO2 Equivalents): 0.000 Proposed Funds Leveraged: $0.00 Proposed EECBG Budget: 12, 000.00 Projected Costs Within Budget: Administration: $0.00 Revolving Loans: Subgrants: Project Contact First Name: Erik Metric Activity: Clean Energy Policy Last Name: Kropp Email: Erlk_Kroppdco. deschutes.or.ue If Other: Project Summary: (limit summary to space provided) Deschutes County proposes to use $12,000 in Energy Efficiency and Conservation Block Grant (EECBG) funding to develop and adopt an energy efficiency and conservation strategy (EECS). The EECS will be used, not only to identify projects eligible for grant funding, but to create a foundation for future decisions and activities related to energy use in County facilities and operations and potentially within the community at large. The County will select a qualified agency to assist in developing the EECS through a public process that is consistent with existing purchasing guidelines and procedures. County staff has engaged in preliminary discussions with local groups experienced with energy policy issues and, as a result, work closely with the selected agency to prepare to EECS to ensure that the information incorporated within the document is consistent with the County's vision. The proposed EECS initiative is intended to create a comprehensive document that will be used to develop policies, guide operations, plan capital projects, and allocate budget resources. The document will provide the following framework on which these activities can be built: *Measurable Goals and Objectives *Implementation Methodology *Milestones *Schedules and Timelines *Communication and Coordination Strategies *Funding Sources *Sustainability Measures *Auditing, Monitoring, and Evaluation Procedures Upon completion, staff will present the EECS to the Deschutes County Board of Commissioners for adoption. The approved document will then be submitted to the Department of Energy within the 120 -day period required by the EECBG formula grant process. If you are proposing more than one activity, save this file as many times as needed with successive page numbers. For example: "OH -CIN -Columbus - Project Activity page 1.pdf," "OH -CITY -Columbus -Project Activity page 2.pdf,"and continue as needed. DOE F 4600.2 (2/09) All Other Editions Are Obsolete ATTACHMENT 3 U.S. Department of Energy FEDERAL ASSISTANCE REPORTING CHECKLIST AND INSTRUCTIONS 1. Identification Number: DE-SC0003180 3. Recipient: County of Deschutes, OR 2. Program/Project Title: Energy Efficiency and Conservation Block Grant 4. Reporting Requirements: A. MANAGEMENT REPORTING ® Program Performance Report • Special Status Report Frequency No. of Copies Addressees Q A Page.energv.00v E Eq rants(oro.do e.gov Contracting Officer listed in Block 26 of Assistance Agreement B. SCIENTIFIC/TECHNICAL REPORTING (Reports/Products must be submitted with appropriate DOE F 241. The 241 forms are available at www.osti.gov/elink) Report/Product Form ❑ Final Scientific Technical Report DOE F 241.3 0 Conference papers/proceedings* DOE F 241.3 ❑ Software/Manual DOE F 241.4 ❑ Other (see Special Instructions) DOE F 241.3 * Scientific and technical conferences only C. FINANCIAL REPORTING SF -425, Federal Financial Report** Q, F Paae.energv.gov D. CLOSEOUT REPORTING O Patent Certification Property Certification 0 Other (see Special Instructions) F E. OTHER REPORTING ❑ Annual Indirect Cost Proposal ❑ Annual Inventory Report of Federally Owned Property, if any ® Other — See Section 5 below: FREQUENCY CODES AND DUE DATES: A - Within 5 calendar days after events or as specified. F - Final; 90 calendar days after expiration or termination of the award. Y - Yearly; 90 days after the end of the reporting period. Q, F, A E E o ra n is (o ro. d o e. q ov Contracting Officer listed in Block 26 of Assistance Agreement See Special Instructions Below S - Semiannually; within 30 days after end of reporting period. Q - Quarterly; within 30 days after end of the reporting period. 5. Special Instructions: Forms are available at https://www.eere-pmc.energv.gov/forms.asp. Other Reporting is as follows: Energy Efficiency and Conservation Strategy (if applicable ) ANNUAL REPORTS ARRA — Performance Progress (OMB 1512) Report: Submit to FederalReportinq.gov See Federal Assistance Reporting Instructions on following pages for more details. Please note: All quarterly reports are due no later than 30 days after the end of the reporting period. Because this award is funded under the Recovery Act, the ARRA Performance Progress (OMB) Report is due no later than 10 days after the end of the reporting period. Federal Assistance Reporting Instructions Reporting requirements under the EECBG Program consist of the following types of reports: SPECIAL STATUS REPORT The recipient must report the following events by e-mail as soon as possible after they occur: 1. Developments that have a significant favorable impact on the project. 2. Problems, delays, or adverse conditions which materially impair the recipient's ability to meet the objectives of the award or which may require DOE to respond to questions relating to such events from the public. For example, the recipient must report any of the following incidents and include the anticipated impact and remedial action to be taken to correct or resolve the problem/condition: a. Any single fatality or injuries requiring hospitalization of five or more individuals. b. Any significant environmental permit violation. c. Any verbal or written Notice of Violation of any Environmental, Safety, and Health statutes or regulations. d. Any incident which causes a significant process or hazard control system failure. e. Any event which is anticipated to cause a significant schedule slippage or cost increase. f. Any damage to Government-owned equipment in excess of $50,000. g. Any other incident that has the potential for high visibility in the media. FINANCIAL REPORTING • FOR ALL RECIPIENTS: Submit a Quarterly Performance Progress Report and the SF -425 Federal Financial Report. Instructions for the Quarterly Performance Progress Report are below. The SF - 425 is available at http://www.whitehouse.qov/omb/grants/index.html. CLOSEOUT REPORTING Property Certification The recipient must provide the Property Certification, including the required inventories of non-exempt property, located at http://grants.pr.doe.gov. EECS STRATEGY (for units of local government and Indian tribes only) ■ FOR UNITS OF LOCAL GOVERNMENT AND INDIAN TRIBES: units of local government and Indian tribes that do not submit an Energy Efficiency and Conservation Strategy (EECS) with their application must submit one not later than one -hundred twenty (120) days after the effective date of the award. The EECS shall be a comprehensive strategy that covers, at a minimum, all items details in Attachment D as well as the following: • Jurisdictional area covered by plan and governing body and/or office with direct authority over plan • Plan implementation partners and any leverages funds from private or other public sources • Baseline energy use and GHG emissions inventory and forecast • Goals/objectives for total energy use and emissions reductions, and energy efficiency increase (including deployment of renewable technologies) • Goals can be qualitative • Actions/plans/strategies and implementation schedule to meet goals • Actions and strategies included in the plan can be eligible activities for use of funds under EECBG as well as activities that are ineligible; comprehensive planning is encouraged. The eligible activities should be marked as such. • Applicants are encouraged, in particular, to include the potential impact of anticipated leveraged funds from private as well as other public sources. • Expected outcomes and benefits of plan: • Jobs (created and/or retained) • Energy saved • Renewable energy capacity • GHG emissions reduced • Funds leveraged • Obstacles to reaching goals and strategies to remove obstacles • Policies and/or administrative actions adopted or needed to support actions/plans/strategies/targets/schedule • Evaluation, monitoring and verification plan • Plan for how activities will be sustained beyond grant period • Plans for the use of funds by adjacent eligible units of local governments that receive grants under the program; and plans to coordinate and share information with the state in which the eligible unit of local government is located regarding activities carried out using the grant to maximize the energy efficiency and conservation benefits under this part. • Plans for how these funds will be coordinated with leverages funds, including other Recovery Act funds, to maximize benefits for local and regional communities. ANNUAL REPORTS • FOR UNITS OF LOCAL GOVERNMENT AND INDIAN TRIBES: Submit annual reports not later than two (2) years after the effective date of this award and annually thereafter. The annual report shall describe the status of development and implementation of the energy efficiency and conservation strategy and an assessment of energy efficiency gains within the jurisdiction of the eligible unit of local government or Indian Tribe. The annual report shall also address the metrics listed below. • FOR STATES: Submit annual reports not later than one (1) year after the effective date of this award and annually thereafter. The annual report will include the metrics listed below as well as: • The status of development and implementation of the energy efficiency and conservation strategy of the state during the preceding calendar year; • The status of the subgrant program of the state; • Specific energy efficiency and conservation goals of the state for subsequent calendar years; and • Activities (list all programs created or supported by program funds and amount of program funds spent on each activity, indicate which programs are new and which are existing, indicate which programs are supported solely by program funds, and which have other funding sources. ARRA PERFORMANCE PROGRESS REPORT Failure to comply with this reporting requirement may result in termination of that part of the award funding by Recovery Act. Not later than 10 days after the end of each calendar quarter, each recipient shall submit a report to the grantor agency that contains: • The total amount of American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, covered funds received from that agency; • The amount of American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, covered funds received that were expended or obligated to project or activities; • A detailed list of all projects or activities for which American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, covered funds were expended or obligated including: o Name of project or activity 3 o Description of project or activity o Evaluation of the completion status of project or activity o Estimate of number of jobs created and retained by project or activity in the manner and form prescribed by DOE o Infrastructure investments made by State and local governments, purpose, total cost, rationale or agency for funding infrastructure investment, name of agency contact. o Information on subcontracts or subgrants awarded by recipient to include data elements required to comply with the Federal Accountability and Transparency Act of 2006 (Pub. L. 109-282). • Compliance: As a condition of receipt of funds under this Act, no later than 180 days of enactment, all recipients shall provide the information described above. DOE intends to append the periodic ARRA — Performance Progress Report to include reporting on the following, at a minimum: The results of the funding provided for the EECBG Program through the American Recovery and Reinvestment Act (ARRA) will be assessed according to the following performance metrics: • Jobs created and/or retained • Energy (kWh/therms/gallons/BTUs/etc.) saved • Renewable energy generated • GHG emissions reduced • Cost savings The metrics described below are designed to track the accomplishments of projects funded by EECBG. States must not include results reported by direct grant recipients. Grant recipients will be presented with reporting requirements at the time they receive funding and will be expected to report their achievements in terms of the specified metrics presented below. Grant recipients will be required to report quarterly on project expenditures, and also on specific activities and achievements, such as square feet of buildings retrofitted. These items tend to be outputs (actions taken by grant recipients) but also include some short-term outcomes (results achieved relatively soon after project outputs occur that lead toward attainment of ultimate project objectives). Expenditures: Accurate records should be kept on project expenditures for all EECBG ARRA funded efforts. The specific information to be gathered and tracked is listed below. It will be the same for all project types: • Expenditures for project activities • Expenditures for administration • Expenditures for evaluation • Leveraged funds Metrics Activity: The key metrics to be reported will vary by project type. The minimum information to be reported, by project activity type, is reported below. Building Codes and Standards • Name of new code adopted • Name of old code replaced • Number of new and existing buildings covered by new code Building Retrofits Clean Energy Policy • Number of buildings retrofitted, by sector • Square footage of buildings retrofitted, by sector • Number of alternative energy plans developed or improved • Number of renewable portfolio standards established or improved • Number of interconnection standards established or improved • Number of energy efficiency portfolio standards established or improved 4 • Number of other policies developed or improved Building Energy Audits • Number of audits performed, by sector • Floor space audited, by sector • Auditor's projection of energy savings, by sector Energy Efficiency Rating and Labeling • Types of energy -consuming devices for which energy -efficiency rating and labeling systems were endorsed by the grantee Government, School, Institutional Procurement • Number of units purchased, by type (e.g., vehicles, office equipment, HVAC equipment, streetlights, exit signs) Industrial Process Efficiency (kWh equivalents) • Reduction in natural gas consumption (MMcf) • Reduction in fuel oil consumption (gallons) • Reduction in electricity consumption (MWh) Loans and Grants • Number and monetary value of loans given • Number and monetary value of grants given Renewable Energy Market Development • Number and size of solar energy systems installed • Number and size of wind energy systems installed • Number and size of other renewable energy systems installed Financial Incentives for Energy Efficiency and Other Covered Investments • Monetary value of financial incentive provided, by sector • Total value of investments incentivized, by sector Technical Assistance • Number of information transactions contacts (for example, webinar, site visit, media, fact sheet) in which energy efficiency or renewable energy measure were recommended, by sector Transportation • Number of alternative fuel vehicles purchased • Number of conventional vehicles converted to alternative fuel use • Number of new alternative refueling stations emplaced • Number of new carpools and vanpools formed • Number of energy-efficient traffic signals installed • Number of street lane -miles for which synchronized traffic signals were installed Workshops, Training, and Education • Number of workshops, training, and education sessions held, by sector • Number of people attending workshops, training, and education sessions, by sector Other Activities Not Previously Defined • Pertinent metric information for any activity not defined above should be captured and included as needed Short-term Outcomes (DOE will provide supplemental guidance on how to calculate these outcomes to ensure consistent approaches that results can be aggregated at a regional, State and national level): Energy Savings (kWh equivalents) 5 • Annual reduction in natural gas consumption (MMcf) by sector and end-use category • Annual reduction in electricity consumption (MWh) by sector and end-use category • Annual reduction in electricity demand (MW) by sector and end-use category • Annual reduction in fuel oil consumption (gallons) by sector and end-use category • Annual reduction in propane consumption (gallons) by sector and end-use category • Annual reduction in gasoline and diesel fuel consumption (gallons) by sector and end-use category Job Creation/Retention • Number • Type • Duration Renewable Energy Capacity and Generation • Amount of wind -powered electric generating capacity installed (MW) • Amount of electricity generated from wind systems (MWh) • Amount of photovoltaic generating capacity installed (MW) • Amount of electricity generated from photovoltaic systems (MWh) • Amount of electric generating capacity from other renewable sources installed (MW) • Amount of electricity generated from other renewable sources (MWh) Emissions Reductions (tons) (CO2 equivalents) • Methane • Carbon • Sulfur Dioxide • Nitrogen Oxide • Carbon Monoxide Protected Personally Identifiable Information (PII) Reports must not contain any Protected PII. PII is any information about an individual which can be used to distinguish or trace an individual's identity. Some information that is considered to be PII is available in public sources such as telephone books, public websites, university listings, etc. This type of information is considered to be Public PII and includes, for example, first and last name, address, work telephone number, e-mail address, home telephone number, and general educational credentials. In contrast, Protected PII is defined as an individual's first name or first initial and last name in combination with any one or more of types of information, including, but not limited to, social security number, passport number, credit card numbers, clearances, bank numbers, biometrics, date and place of birth, mother's maiden name, criminal, medical and financial records, educational transcripts, etc. Award Number: Applicant Name: Deschutes County Budget Information - Non Construction Programs d z O 0 O O O N 0) O ti N 64 O CO 69 CN Ef3 Estimated Unobligaled Funds 69 co L 69 • 8 LL •D • < E is si3 E 0 0 CO N e -- O r to 00 N N s- r oO op 16 E CO CO iu Al CO E N C7 0 2 N N c 0 H iri N as •0 d 0 U Cr) 0 Cra C7 0 E.) Total (5) CP 64 al 69 CD 69. CD 69 CD O O LC) 69- 90 $248,200 CO 49 CD 69 $253,200 49 $72,500 $325,700 Pace 1 of 5 $O Grant Program, Function or Activity (4) Transp Infrastructure 0 0 O N 49 0 O O N 49 0 O C7 C.1 69. (3) InspectorIConsuit 000'Ss 52,500 O O LC) I".-: O O O c Li) r=3 ni 07 EA 69 (2) Building Retrofits O 0 C. N CO O CJ t7 N 69 O O Cr N 69 (1) EECS Devetopment O O N r— $12,000 0 t7 CV ER 6. Object Class Categories a. Personnel b. Fringe Benefits c. Travel d. Equipment N d w ai f. Contractual g. Construction a) C7 i. Total Direct Charges (sum of 6a -6h) j. Indirect Charges k Admin Costs k. Totals (sum of 6i -6j) 7. Program Income (NI 0 0 . Q a) O ca C V . 0 N m LL U) 0 N a a a) U a) a) d Previous Edition Usable Authorized for Local Reproduction en 0 O d C? La'9 4� (d) Other Sources 69 12. Total (; Section C 4 Forecasted Cash Needs uj ff} 0 i 69. ccs 0 CNE 4Y CL 0 P Total for 1st Yea 14. Non -Federal 15. Total (sum of lines 13 and 14) Section E - Budget Estimates of Federal Funds Needed for Balance of the Project Future Funding Periods (Years) {a) Grant Program (h) First (c) Second (d) Third (e) Fourth 16. EECS Development $12,000 17. Building Retrofit 5213.700 18. Energy Inspection & Consultation Project $80,000 19. Transportation Infrastructure $20,000 20. Total (sum of lines 16-19) 5325,700 $Q $0 50 0 2 2' co U O O ti LS) a N M N 49 23. 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Forecasted Cash Needs Line 23—Provide any other explanations or comments deemed necessary. U 0) c N 0) V 0 0 > 0 C O c >' E' 0) -ca) E c0a) O 0) w U 0) 1 O c0 00 a) sa O N c0 0) o c 9. N N U U O O C c E E c0 0 o_ a) L 0) .c 0 a) a) C L C W c'= W'' Jc4c rn '_ 0) 0 c 0 .c C , C ,- J a J Line 15—Enter the totals of amounts on Lines 13 and 14. Authorized for Local Reproduction Previous Edition Usable Prescribed by OMB Circular A-102 Authorized for Local Reproduction Previous Edition Usable 0 N CDCDa General Decision Number: OR100002 03/12/2010 OR2 Superseded General Decision Number: 0R20080002 State: Oregon Construction Type: Highway Counties: Oregon Statewide. HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 03/12/2010 BROR0001-006 06/01/2009 BAKER, BENTON (NORTH), CLACKAMAS, CLATSOP, COLUMBIA, GILLIAM, HARNEY, HOOD RIVER, LINCOLN (NORTH), LINN (NORTH), MALHEUR (NORTH), MARION, MORROW, MULTNOMAH, POLK, SHERMAN, TILLAMOOK, UMATILLA, UNION, WALLOWA, WASCO (NORTH), WASHINGTON AND YAMHILL COUNTIES Rates Fringes BRICKLAYER $ 32.29 14.05 BROR0001-007 06/01/2009 BENTON (SOUTH), CROOK, DESCHUTES, GRANT, JACKSON, JEFFERSON, KLAMATH, LAKE, LANE, LINCOLN (SOUTH), LINN (SOUTH), MALHEUR (SOUTH), WASCO (SOUTH) AND WHEELER COUNTIES Rates Fringes BRICKLAYER $ 31.07 13.70 CARP9001-001 06/01/2007 ZONE 1: Rates Fringes Carpenters: CARPENTERS $ 27.56 13.30 DIVER STANDBY $ 34.42 13.30 DIVERS TENDERS $ 30.28 13.30 DIVERS $ 68.84 13.30 MANIFOLD AND/OR DECOMPRESSION CHAMBER OPERATORS $ 30.28 13.30 MILLWRIGHTS $ 28.04 13.30 PILEDRIVERS $ 28.04 13.30 DEPTH PAY: 50 to 100 feet $1.00 per foot over 50 feet 101 to 150 feet 1.50 per foot over 101 feet 151 to 200 feet 2.00 per foot over 151 feet Zone Differential (Add to Zone 1 rates): Zone 2 - $0.85 Zone 3 - 1.25 Zone 4 - 1.70 Zone 5 - 2.00 Zone 6 - 3.00 ZONE 1 - All jobs or projects located within 30 miles of the respective City Hall ZONE 2 - More than 30 miles and less than 40 miles from the respective City Hall ZONE 3 - More than 40 miles and less than 50 miles from the respective City Hall ZONE 4 - More than 50 miles and less than 60 miles from the respective City Hall http://www.wdol.gov/wdol/scafiles/davisbacon/OR2.dvb[3/17/2010 10:32:39 AM] ZONE 5 - More than 60 miles and less than 70 miles from the respective City Hall ZONE 6 - More than 70 miles from the respective City Hall. BASEPOINTS CITIES FOR CARPENTERS (EXCLUDING MILLWRIGHTS, PILEDRIVERS AND DIVERS) ALBANY BEND COOS BAY GOLDENDALE HOOD RIVER LAKEVIEW MEDFORD OREGON CITY PORTLAND ROSEBURG THE DALLES ASTORIA BROOKINGS CORVALLIS GRANTS PASS KLAMATH FALLS LONGVIEW McMINNVILLE ONTARIO PORT ORFORD SALEM TILLAMOOK BASEPOINTS FOR MILLWRIGHTS EUGENE PORTLAND VANCOUVER NORTH BEND MEDFORD BASEPOINTS FOR PILEDRIVERS AND DIVERS ASTORIA EUGENE MEDFORD ROSEBURG BEND KLAMATH FALLS NEWPORT SALEM BAKER BURNS EUGENE HERMISTON LAGRANDE MADRAS NEWPORT PENDLETON REEDSPORT ST. HELENS VANCOUVER LONGVIEW THE DALLES COOS BAY LONGVIEW PORTLAND THE DALLES * ELEC0048-006 01/01/2010 CLACKAMAS, CLATSOP, COLUMBIA, HOOD RIVER, MULTNOMAH, TILLAMOOK, WASCO, WASHINGTON, SHERMAN AND YAMHILL (NORTH) COUNTIES Rates Fringes CABLE SPLICER $ 39.66 ELECTRICIAN $ 36.05 HOURLY ZONE PAY: Hourly Zone Pay shall be paid on free zone computed from the city listed cities: Portland, The Dalles, Hood River, Astoria Zone Zone Zone Zone Zone Pay: 1: 31-50 miles $1. 2: 51-70 miles $3. 3: 71-90 miles $5. 4: Beyond 90 miles 50/hour 50/hour 50/hour $9.00/hour $16.58 $16.58 jobs located outside of the center of the following *These are not miles driven. Zones Street Atlas USA 2006 plus. Tillamook, Seaside and are based on Delorrne ELEC0112-001 07/01/2009 BAKER, GILLIAM, GRANT, MORROW, UMATILLA, UNION, WALLOWA, AND WHEELER COUNTIES Rates Fringes CABLE SPLICER $ 36.70 3%+13.73 ELECTRICIAN $ 34.95 3%+13.73 ELECO280-003 01/01/2010 BENTON, CROOK, DESCHUTES, JEFFERSON, LANE (EAST OF A LINE RUNNING NORTH AND SOUTH FROM THE NORTHEAST CORNER OF COOS COUNTY TO THE SOUTHEAST CORNER OF LINCOLN COUNTY), LINN, MARION, POLK AND YAMHILL (SOUTHERN HALF) COUNTIES http://www.wdol.gov/wdol/scafiles/davisbacon/OR2.dvb[3/17/2010 10:32:39 AM] Rates Fringes CABLE SPLICER $ 37.46 ELECTRICIAN $ 34.05 3%+14.43 3%+14.43 ELECO291-006 01/01/2009 MALHEUR COUNTY Rates CABLE SPLICER $ 32.50 ELECTRICIAN $ 29.54 Fringes 3%+$10.00 3%+$10.00 * ELEC0659-004 01/01/2010 DOUGLAS (EAST OF A LINE RUNNING NORTH AND SOUTH FROM THE NE CORNER OF COOS COUNTY TO THE SE CORNER OF LINCOLN COUNTY), HARNEY, JACKSON, JOSEPHINE, KLAMATH AND LAKE COUNTIES Rates Fringes CABLE SPLICER $ 29.78 ELECTRICIAN $ 29.78 3%+$13.30 3%+$13.30 ZONE PAY: BASE POINTS ARE FROM THE DOWNTOWN POST OFFICE GRANTS PASS, KLAMATH FALLS, ROSEBURG AND MEDFORD. ZONE ZONE ZONE ZONE ZONE ZONE 1: 0-20 MILES 2: > 20-30 MILES 3: >30-40 MILES 4: >40-50 MILES 5: >50-60 MILES 6: >60 MILES *THESE ARE NOT MILES DRIVEN. STREET ATLAS USA 5.0. IN $0.00 PER HOUR $1.50 PER HOUR $3.30 PER HOUR $5.00 PER HOUR $6.80 PER HOUR $9.50 PER HOUR zONES ARE BASED ON DELORNE ELEC0932-004 01/01/2009 COOS, CURRY, LINCOLN, DOUGLAS AND LANE COUNTIES (AREA LYING WEST OF A LINE NORTH AND SOUTH FROM THE N.E. CORNER OF COOS COUNTY TO THE S.E. CORNER OF LINCOLN COUNTY) Rates Fringes ELECTRICIAN $ 31.97 3%+12.40 ENG10701-005 01/01/2010 ZONE 1: POWER EQUIPMENT OPERATORS (See Footnote C) Rates Fringes Power equipment operators: GROUP 1 $ 37.27 11.50 GROUP 1A $ 39.13 11.50 GROUP 1B $ 41.00 11.50 GROUP 2 $ 35.64 11.50 GROUP 3 $ 34.65 11.50 GROUP 4 $ 33.71 11.50 GROUP 5 $ 32.60 11.50 GROUP 6 $ 29.61 11.50 Zone Differential (add to Zone 1 rates): Zone 2 - $3.00 Zone 3 - $6.00 For the following metropolitan counties: MULTNOMAH; CLACKAMAS; MARION; WASHINGTON; YAMHILL; AND COLUMBIA; CLARK; AND COWLITZ COUNTY, WASHINGTON WITH MODIFICATIONS AS INDICATED: All jobs or projects located in Multnomah, Clackamas and Marion Counties, West of the western boundary of Mt. Hood National Forest and West of Mile Post 30 on Interstate 84 and West of Mile Post 30 on State Highway 26 and West of http://www.wdol.gov/wdol/scafiles/davisbacon/OR2.dvb[3/17/2010 10:32:39 AM] Mile Post 30 on Highway 22 and all jobs or projects located in Yamhill County, Washington County and Columbia County and all jobs or porjects located in Clark & Cowlitz County, Washington except that portion of Cowlitz County in the Mt. St. Helens "Blast Zone" shall receive Zone I pay for all classifications. All jobs or projects located in the area outside the identified boundary above, but less than 50 miles from the Portland City Hall shall receive Zone II pay for all classifications. All jobs or projects located more than 50 miles from the Portland City Hall, but outside the identified border above, shall receive Zone III pay for all classifications. For the following cities: ALBANY; BEND; COOS BAY; EUGENE; GRANTS PASS; KLAMATH FALLS; MEDFORD; ROSEBURG All jobs or projects located within 30 miles of the respective city hall of the above mentioned cities shall receive Zone I pay for all classifications. All jobs or projects located more than 30 miles and less than 50 miles from the respective city hall of the above mentioned cities shall receive Zone II pay for all classifications. All jobs or projects located more than 50 miles from the respective city hall of the above mentioned cities shall receive Zone III pay for all classifications. POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: CONCRETE: Batch Plant and/or Wet Mix Operator, three units or more; CRANE: Helicopter Operator, when used in erecting work; Whirley Operator, 90 ton and over; LATTICE BOOM CRANE: Operator 200 tons through 299 tons, and/or over 200 feet boom; HYDRAULIC CRANE: Hydraulic Crane Operator 90 tons through 199 tons with luffing or tower attachments; FLOATING EQUIPMENT: Floating Crane, 150 ton but less than 250 ton GROUP 1A: HYDRAULIC CRANE: Hydraulic Operator, 200 tons and over (with luffing or tower attachment); LATTICE BOOM CRANE: Operator, 200 tons through 299 tons, with over 200 feet boom; FLOATING EQUIPMENT: Floating Crane 250 ton and over GROUP 1B: LATTICE BOOM CRANE: Operator, 300 tons through 399 tons with over 200 feet boom; Operator 400 tons and over; FLOATING EQUIPMENT: Floating Crane 350 ton and over GROUP 2: ASPHALT: Asphalt Plant Operator (any type); Roto Mill, pavement profiler, operator, 6 foot lateral cut and over; BLADE: Auto Grader or "Trimmer" (Grade Checker required); Blade Operator, Robotic; BULLDOZERS: Bulldozer operator over. 120,000 lbs and above; Bulldozer operator, twin engine; Bulldozer Operator,tandem, quadnine, D10, D11, and similar type; Bulldozere Robotic Equipment (any type; CONCRETE: Batch Plant and/or Wet Mix Operator, one and two drum; Automatic Concrete Slip Form Paver Operator; Concrete Canal Line Operator; Concrete Profiler, Diamond Head; CRANE: Cableway Operator, 25 tons and over; HYDRAULIC CRANE: Hydraulic crane operator 90 tons through 199 tons (without luffing or tower attachment); TOWER/WHIRLEY OPERATOR: Tower Crane Operator; Whirley Operator, under 90 tons; LATTICE BOOM CRANE: 90 through 199 tons and/or 150 to 200 feet boom; CRUSHER: Crusher Plant Operator; FLOATING EQUIPMENT: Floating Clamshell, etc.operator, 3 cu. yds. and over; Floating Crane (derrick barge) Operator, 30 tons but less than 150 tons; LOADERS: Loader operator, 120,000 lbs. and above; REMOTE CONTROL: Remote controlled earth -moving equipment; RUBBER -TIRED SCRAPERS: Rubber - tired scraper' operator, with tandem scrapers, multi -engine; SHOVEL, DRAGLINE, CLAMSHELL, SKOOPER OPERATOR: Shovel, Dragline, Clamshell, operator 5 cu. yds and over; TRENCHING MACHINE: Wheel Excavator, under 750 cu. yds. per hour (Grade Oiler required); Canal Trimmer (Grade Oiler required); Wheel Excavator, over 750 cu. yds. per hour; Band Wagon (in conjunction with wheel excavator); http://www.wdol.gov/wdol/scafiles/davisbacon/OR2.dvb[3/17/2010 10:32:39 AM] UNDERWATER EQUIPMENT: Underwater Equipment Operator, remote or otherwise; HYDRAULIC HOES -EXCAVATOR: Excavator over 130,000 lbs.; HYDRAULIC CRANE: Hydraulic crane operator, 50 tons through 89 tons (with luffing or tower attachment); GROUP 3: BULLDOZERS: Bulldozer operator, over 70,000 lbs. up to and including 120,000 lbs.; HYDRAULIC CRANE: Hydraulic crane operator, 50 tons through 89 tons (without luffing or tower attachment); LATTICE BOOM CRANES: Lattice Boom Crane -50 through 89 tons (and less than 150 feet boom); FORKLIFT: Rock Hound Operator; HYDRAULIC HOES -EXCAVATOR: excavator over 80,000 lbs. through 130,000 lbs.; LOADERS: Loader operator 60,000 and less than 120,000; RUBBER -TIRED SCRAPERS: Scraper Operator, with tandem scrapers; Self -loading, paddle wheel, auger type, finish and/or 2 or more units; SHOVEL, DRAGLINE, CLAMSHELL,SKOOPER OPERATOR: Shovel, Dragline, Clamshell operators 3 cu. yds. but less than 5 cu yds. GROUP 4: ASPHALT: Screed Operator; Asphalt Paver operator (screeman required); BLADE: Blade operator; Blade operator, finish; Blade operator, externally controlled by electronic, mechanical hydraulic means; Blade operator, multi -engine; BULLDOZERS: Bulldozer Operator over 20,000 lbs and more than 100 horse up to 70,000 lbs; Drill Cat Operator; Side -boom Operator; Cable -Plow Operator (any type); CLEARING: Log Skidders; Chippers; Incinerator; Stump Splitter (loader mounted or similar type); Stump Grinder (loader mounted or similar type; Tub Grinder; Land Clearing Machine (Track mounted forestry mowing & grinding machine); Hydro Axe (loader mounted or similar type); COMPACTORS SELF-PROPELLED: Compactor Operator, with blade; Compactor Operator, multi -engine; Compactor Operator, robotic; CONCRETE: Mixer Mobile Operator; Screed Operator; Concrete Cooling Machine Operator; Concrete Paving Road Mixer; Concrete Breaker; Reinforced Tank Banding Machine (K-17 or similar types); Laser Screed; CRANE: Chicago boom and similar types; Lift Slab Machine Operator; Boom type lifting device, 5 ton capacity or less; Hoist Operator, two (2) drum; Hoist Operator, three (3) or more drums; Derrick Operator, under 100 ton; Hoist Operator, stiff leg, guy derrick or similar type, 50 ton and over; Cableway Operator up to twenty (25) ton; Bridge Crane Operator, Locomotive, Gantry, Overhead; Cherry Picker or similar type crane hoist five (5) ton capacity or less; Hydraulic Crane Operator, under 50 tons; LATTICE BOOM CRANE OPERATOR: Lattice Boom Crane Operator, under 50 tons; CRUSHER: Generator Operator; Diesel- Electric Engineer; Grizzley Operator; DRILLING: Drill Doctor; Boring Machine Operator; Driller -Percussion, Diamond, Core, Cable, Rotary and similar type; Cat Drill (John Henry); Directional Drill Operator over 20,000 lbs pullback; FLOATING EQUIPMENT: Diesel-electric Engineer; Jack Operator, elevating barges, Barge Operator, self -unloading; Piledriver Operator (not crane type) (Deckhand required); Floating Clamshelll, etc. Operator, under 3 cu. yds. (Fireman or Diesel -Electric Engineer required); Floating Crane (derrick barge) Operator, less than 30 tons; GENERATORS: Generator Operator; Diesel-electric Engineer; GUARDRAIL EQUIPMENT: Guardrail Punch Operator (all types); Guardrail Auger Operator (all types); Combination Guardrail machines, i.e., punch auger, etc.; HEATING PLANT: Surface Heater and Planer Operator; HYDRAULIC HOES EXCAVATOR: Robotic Hydraulic backhoe operator, track and wheel type up to and including 20,0000 lbs. with any or all attachments; Excavator Operator over 20,000 lbs through 80,000 lbs.; LOADERS: Belt Loaders, Kolman and Ko Cal types; Loaders Operator, front end and overhead, 25,000 lbs and less than 60,000 lbs; Elevating Grader Operator by Tractor operator, Sierra, Euclid or similar types; PILEDRIVERS: Hammer Operator; Piledriver Operator (not crane type); PIPELINE, SEWER WATER: Pipe Cleaning Machine Operator; Pipe Doping Machine Operator; Pipe Bending Machine Operator; Pipe Wrapping Machine Operator; Boring Machine Operator; Back Filling Machine Operator; REMOTE CONTROL: Concrete Cleaning Decontamination Machine Operator; Ultra High Pressure Water Jet Cutting Tool System Operator/Mechanic; Vacuum Blasting Machine Operator/mechanic; REPAIRMEN, HEAVY DUTY: Diesel Electric Engineer (Plant or Floating; Bolt Threading Machine operator; Drill Doctor (Bit Grinder); H.D. Mechanic; Machine Tool Operator; RUBBER -TIRED SCRAPERS: Rubber -tired http://www.wdol.gov/wdol/scafiles/davisbacon/OR2.dvb[3/17/2010 10:32:39 AM] Scraper Operator,single engine, single scraper; Self -loading, paddle wheel, auger type under 15 cu. yds.; Rubber -tired Scraper Operator, twin engine; Rubber -tired Scraper Operator, with push-pull attachments; Self Loading, paddle wheel, auger type 15 cu. yds. and over, single engine; Water pulls, water wagons; SHOVEL, DRAGLINE, CLAMSHELL, SKOOPER OPERATOR: Diesel Electric Engineer; Stationay Drag Scraper Operator; Shovel, Dragline, Clamshell, Operator under 3 cy yds.; Grade -all Operator; SURFACE (BASE) MATERIAL: Blade mounted spreaders, Ulrich and similar types; TRACTOR-RUBBERED TIRED: Tractor operator, rubber -tired, over 50 hp flywheel; Tractor operator, with boom attachment; Rubber -tired dozers and pushers (Michigan, Cat, Hough type); Skip Loader, Drag Box; TRENCHING MACHINE: Trenching Machine operator, digging capacity over 3 ft depth; Back filling machine operator; TUNNEL: Mucking machine operator GROUP 5: ASPHALT: Extrusion Machine Operator; Roller Operator (any asphalt mix); Asphalt Burner and Reconditioner Operator (any type); Roto -Mill, pavement profiler, ground man; BULLDOZERS: Bulldozer operator, 20,000 lbs. or less or 100 horse or less; COMPRESSORS: Compressor Operator (any power), over 1,250 cu. ft. total capacity; COMPACTORS: Compactor Operator, including vibratory; Wagner Pactor Operator or similar type (without blade); CONCRETE: Combination mixer and Compressor Operator, gunite work; Concrete Batch Plant Quality Control Operator; Beltcrete Operator; Pumperete Operator (any type); Pavement Grinder and/or Grooving Machine Operator (riding type); Cement Pump Operator, Fuller -Kenyon and similar; Concrete Pump Operator; Grouting Machine Operator; Concrete mixer operator, single drum, under (5) bag capacity; Cast in place pipe laying machine; maginnis Internal Full slab vibrator operator; Concrete finishing mahine operator, Clary, Johnson, Bidwell, Burgess Bridge deck or similar type; Curb Machine Operator, mechanical Berm, Curb and/or Curb and Gutter; Concrete Joint Machine Operator; Concrete Planer Operator; Tower Mobile Operator; Power Jumbo Operator setting slip forms in tunnels; Slip Form Pumps, power driven hydraulic lifting device for concrete forms; Concrete Paving Machine Operator; Concrete Finishing Machine Operator; Concrete Spreader Operator; CRANE: Helicopter Hoist Operator; Hoist Operator, single drum; Elevator Operator; A -frame Truck Operator, Double drum; Boom Truck Operator; HYDRAULIC CRANE OPERATOR: Hydraulic Boom Truck, Pittman; DRILLING: Churm Drill and Earth Boring Machine Operator; Directional Drill Operator over 20,000 lbs pullback; FLOATING EQUIPMENT: Fireman; FORKLIFT: Lull Hi -Lift Operator or similar type; Fork Lift, over 5 ton and/or robotic; HYDRAULIC HOES EXCAVATORS: Hydraulic Backhoe Operator, wheel type (Ford, John Deere, Case type); Hydraulic Backhoe Operator track type up to and including 20,000 lbs.; LOADERS: Loaders, rubber -tired type, less than 25,000 lbs; Elevating Grader Operator, Tractor Towed requiring Operator or Grader; Elevating loader oeprator, Athey and similar types; OILERS: Service Oiler (Greaser); PIPELINE -SEWER WATER: Hydra hammer or simialr types; Pavement Breaker Operator; PUMPS: Pump Operator, more than 5 (any size); Pot Rammer Operator; RAILROAD EQUIPMENT: Locomotive Operator, under 40 tons; Ballast Regulator Operator; Ballast Tamper Multi -Purpose Operator; Track Liner Operator; Tie Spacer Operator; Shuttle Car Operator; Locomotive Operator, 40 tons and over; MATERIAL HAULRS: Cat wagon DJB's Volvo similar types; Conveyored material hauler; SURFACING (BASE) MATERIAL: Rock Spreaders, self-propelled; Pulva-mixer or similar types; Chiip Spreading machine operator; Lime spreading operator, construction job siter; SWEEPERS: Sweeper operator (Wayne type) self-propelled construction job site; TRACTOR -RUBBER TIRED: Tractor operator, rubber -tired, 50 hp flywheel and under; Trenching machine operator, maximum digging capacity 3 ft depth; TUNNEL: Dinkey GROUP 6: ASPHALT: Plant Oiler; Plant Fireman; Pugmill Operator (any type); Truck mounted asphalt spreader, with screed; COMPRESSORS: Compressor Operator (any power), under 1,250 cu. ft. total capacity; CONCRETE: Plant Oiler, Assistant Conveyor Operator; Conveyor Operator; Mixer Box Operator (C.T.B., dry batch, etc.); Cement Hog Operator; http://www.wdol.gov/wdol/scafiles/davisbacon/OR2.dvb[3/17/2010 10:32:39 AM] Concrete Saw Operator; Concrete Curing Machine Operator (riding type); Wire Mat or Brooming Machine Operator; CRANE: Oiler; Fireman, all equipment; Truck Crane Oiler Driver; A -frame Truck Operator, single drum; Tugger or Coffin Type Hoist Operator; CRUSHER: Crusher Oiler; Crusher Feederman; CRUSHER: Crusher oiler; Crusher feederman; DRILLING: Drill Tender; Auger Oiler; FLOATING EQUIPMENT: Deckhand; Boatman; FORKLIFT: Self-propelled Scaffolding Operator, construction job site (excluding working platform); Fork Lift or Lumber Stacker Operator, construction job site; Ross Carrier Operator, construction job site; GUARDRAIL EQUIPMENT: Oiler; Auger Oiler; Oiler, combination guardrail machines; Guardrail Punch Oiler; HEATING PLANT: Temporary Heating Plant Operator; LOADERS: Bobcat, skid steer (less than 1 cu yd.); Bucket Elevator Loader Operator, BarberGreene and similar types; OILERS: Oiler; Guardrail Punch Oiler; Truck Crane Oiler- Driver; Auger Oiler; Grade Oiler, required to check grade; Grade Checker; PIPELINE -SEWER WATER: Tar Pot Fireman; Tar Pot Fireman (power agitated); PUMPS: Pump Operator (any power); Hydrostatic Pump Operator; RAILROAD EQUIPMENT: Brakeman; Oiler; Switchman; Motorman; Ballast Jack Tamper Operator; SHOVEL, DRAGLINE, CLAMSHELL, SKOOPER, ETC. OPERATOR: Oiler, Grade Oiler (required to check grade); Grade Checker; Fireman; SWEEPER: Broom operator, self propelled, construction job site; SURFACING (BASE) MATERIAL: Roller Operator, grading of base rock (not asphalt); Tamping Machine operartor, mechanical, self-propelled; Hydrographic Seeder Machine Operator; TRENCHING MACHINE: Oiler; Grade Oiler; TUNNEL: Conveyor operator; Air filtration equipment operator FOOTNOTE C: HANDLING OF HAZARDOUS WAST MATERIALS - Personnel in all craft classifications subject to working inside a federally designated Hazardous Waste perimeter shall be eligible for compensation in accordance with the following group schedule relative to the level of Hazardous Waste as outline in the specific Hazardous Waste Project Site Safety Plan: H-1 Base Wage Rate when on a hazardous outfitted with protective clothing. H-2 Class "C" Suit - Basic hourly wage hour, fringes plus $0.15. H-3 Class "B" Suit - Basic hourly wage hour, fringes plus $0.15. H-4 Class "A" Suit -Basic hour, fringes plus $0.15. waste site when not rate plus $1.00 per rate plus $1.50 per hourly wage rate plus $2.00 per IRON0029-004 07/01/2009 Rates IRONWORKER $ 33.12 LAB00001-006 06/01/2008 Rates Mason Tender/Hod Carrier Tenders to Bricklayers, Tile Setters, Marble Setters and Terrazzo Workers, Topping for Cement Finishers and Mortar Mixers $ 25.75 Fringes 17.40 Fringes 11.25 LAB00003-003 06/01/2008 ZONE 1: LABORERS (SEE FOOTNOTE C) Rates Laborers: GROUP 1 $ 24.66 GROUP 2 $ 25.29 GROUP 3 $ 25.75 http://www.wdol.gov/wdol/scafiles/davisbacon/OR2.dvb[3/17/2010 10:32:39 AM] Fringes 11.25 11.25 11.25 GROUP 4 $ 26.15 GROUP 5 $ 21.51 Zone Differential (Add to Zone 1 rates): Zone 2 - $0.65 Zone 3 - 1.15 Zone 4 - 1.70 Zone 5 - 2.75 11.25 11.25 ZONE 1 - All jobs or projects located within 30 miles of the respective City Hall ZONE 2 - More than 30 miles and less than 40 miles from the respective City Hall ZONE 3 - More than 40 miles and less than 50 miles from the respective City Hall ZONE 4 - More than 50 miles and less than 80 miles from the respective City Hall ZONE 5 - More than 80 miles from the respective City Hall. BASEPOINTS: ALBANY ASTORIA BAKER CITY BEND BURNS COOS BAY EUGENE GRANTS PASS HERMISTON KLAMATH FALLS MEDFORD PENDLETON PORTLAND ROSEBURG SALEM THE DALLES LABORER CLASSIFICATIONS GROUP 1: Asphalt Spreaders; Asphalt Plant Laborers; Batch Weighman; Broomers; Brush Burners and Cutters; Car and Truck Loaders; Carpenter Tender; Change -House Man or Dry Shack Man; Choke Setter; Cleanup Laborers; Curing, Concrete; Demolition, Wrecking, and Moving Laborers; Dumpers, road oiling crew; Dumpmen (for grading crew); Elevator Feeders; Fine Graders; Fence Builders; Form Strippers (not swinging stages); Guard Rail, Median Rail, Guide Post; Reference Post, Right-of-way Marker; Hazardous Waste Laborers; Landscaping or Planting Laborer; Leverman or Aggregate Spreader (Flaherty and similar types); Loading Spotters; Material Yard Man (including electrical); Pittsburgh Chipper Operator or similar types; Railroad Track Laborers; Ribbon Setters (including steel forms); Rip Rap Man (hand placed); Road Pump Tender; Sewer Labor; Signalman; Skipman; Slopers; Spraymen; Stake Chaser; Stockpiler; Tie Back Shoring; Timber Faller and Bucker (hand labor); Toolroom Man (at jobsite); Weight -Man -Crusher (aggregate when used); General Laborer GROUP 2: Applicator (including Pot Tender for same), applying protective material by hand or nozzle on utility lines or storage tanks on project; Brush Cutters (power saw); Burners; Choker Splicer; Clary Power Spreader and similar types; Clean-up Nozzleman-Green-Cutter (concrete, rock, etc.); Concrete Laborer; Concrete Power Buggyman; Crusher Feeder; Demolition and Wrecking Charred Materials; Dropping and Wrapping Pipe; Gunite Nozzleman Tender; Gunite or Sand Blasting Pot Tender; Handlers or Mixers of all materials of an irritating nature (including cement and lime); Post Hole Diggers, Air, Gas or Electric; Sand Blasting (wet); Tampers; Tool Operators (includes but not limited to: Dry Pack Machine, Jackhammer, Chipping Guns, Paving Breakers) GROUP 3: Asbestos removal (structural removal only); Bit Grinder; Concrete Saw Operator; Drill Doctor; Drill Operators (Air Tracks, Cat Drills, Wagon Drills, Rubber -mounted Drills, and other similar types, including at crusher plants); Manhole Builder; Nippers and Timbermen; Power Saw Operators (bucking and falling); Sand Blasting (dry); Sewer Timberman; Track Liners, Anchor Machines, Ballast Regulators, Multiple Tampers, Power Jacks; Tugger Operator; Vibrator -all types; Vibrating Screed; Water Blaster GROUP 4: Asphalt Rakers; Concrete Nozzleman; Grade Checker; Gunite Nozzleman; High Scalers, Strippers and Drillers http://www.wdol.gov/wdol/scafiles/davisbacon/OR2.dvb[3/17/2010 10:32:39 AM] (covers work in swinging stages, chairs or belts, under extreme conditions unusual to normal drilling, blasting, barring -down, or sloping and stripping); Pipe Layers -A11 types; Powdermen; Pumperete Nozzlemen; Loop Installation; Tunnel -miner; Tunner- powderman; Motorman -Dinky Locomotive; Shield Operator; Tunnel Bullgang (above ground); Tunnel Chuck Tenders; Tunnel-Muckers, Brakemen, Concrete Crew, Bull Gang (underground) GROUP 5: Traffic Flaggers FOOTNOTE C: HANDLING OF HAZARDOUS WAST MATERIALS - Personnel in all craft classifications subject to working inside a federally designated Hazardous Waste perimeter shall be eligible for compensation in accordance with the following group schedule relative to the level of Hazardous Waste as outline in the specific Hazardous Waste Project Site Safety Plan: H-1 Base Wage Rate when on a hazardous waste site when not outfitted with protective clothing. H-2 Class "C" Suit - Basic hourly wage rate plus $1.00 per hour, fringes plus $0.15. H-3 Class "B" Suit - Basic hourly wage rate plus $1.50 per hour, fringes plus $0.15. H-4 Class "A" Suit -Basic hourly wage rate plus $2.00 per hour, fringes plus $0.15. PAIN0055-005 08/13/2009 Rates Fringes PAINTER HIGHWAY & PARKING LOT STRIPER $ 30.82 8.62 PAIN0055-036 07/01/2009 Rates Fringes Painters: BAKER, BENTON, CLATSOP, CROOK, DESCHUTES, GRANT, GILLIAM, HARNEY, JEFFERSON, LAKE, LANE, LINN, LINCOLN, MALHEUR, MARION, POLK, TILLAMOOK, SHERMAN, UNION, WHEELER AND YAMHILL COUNTIES High work -A11 work 60 feet or higher $ 19.34 7.24 Painters $ 18.59 7.24 CLACKAMAS, COLUMBIA, HOOD RIVER, MULTNOMAH, MORROW, UMATILLA, WALLOWA, WASCO AND WASHINTON COUNTIES High work -A11 work 60 feet or higher $ 20.34 7.24 Painters $ 19.59 7.24 JACKSON AND KLAMATH COUNTIES High Work -All Work 60 feet or higher $ 17.34 7.24 Painters $ 16.59 7.24 PLAS0555-001 06/01/2009 ZONE 1: Rates Fringes Cement Masons: (ZONE 1) CEMENT MASONS DOING BOTH COMPOSITION/POWER MACHINERY AND SUSPENDED/HANGING SCAFFOLD..$ 29.94 http://www.wdol.gov/wdol/scafiles/davisbacon/OR2.dvb[3/17/2010 10:32:39 AM] 15.59 CEMENT MASONS ON SUSPENDED, SWINGING AND/OR HANGING SCAFFOLD $ 29.41 15.59 CEMENT MASONS $ 28.87 15.59 COMPOSITION WORKERS AND POWER MACHINERY OPERATORS$ 29.41 15.59 Zone Differential (Add To Zone 1 Rates): Zone 2 - $0.65 Zone 3 - 1.15 Zone 4 - 1.70 Zone 5 - 3.00 BASE POINTS: BEND, CORVALLIS, EUGENE, MEDFORD, PORTLAND, SALEM, THE DALLES, VANCOUVER ZONE 1: Projects within 30 miles of the respective city hall ZONE 2: More than 30 miles but less than 40 miles from the respective city hall. ZONE 3: More than 40 miles but less than 50 miles from the respective city hall. ZONE 4: More than 50 miles but less than 80 miles from the respective city hall. ZONE 5: More than 80 miles from the respective city hall SUOR1991-003 04/01/1991 Rates Fringes Timber Sales Roads: LABORERS $ 8.35 4.30 OPERATING ENGINEERS $ 10.37 4.15 POWER SAW, DRILLER, POWDERMAN $ 9.12 4.30 TEAMSTERS $ 9.74 3.74 TEAM0037-004 06/01/2009 ZONE 1: TRUCK DRIVERS (See Footnote C): Rates Fringes Truck drivers: GROUP 1 $ 26.90 12.75 GROUP 2 $ 27.02 12.75 GROUP 3 $ 27.15 12.75 GROUP 4 $ 27.41 12.75 GROUP 5 $ 27.63 12.75 GROUP 6 $ 27.99 12.75 GROUP 7 $ 27.99 12.75 Zone Differential (add to Zone 1 rates): Zone 2 - $0.65 Zone 3 - 1.15 Zone 4 - 1.70 Zone 5 - 2.75 Zone 1 - All jobs or projects located within 30 miles of the respective City Hall Zone 2 - More than 30 miles and less than 40 miles from the respective City Hall Zone 3 - More than 40 miles and less than 50 miles from the respective City Hall Zone 4 - More than 50 miles and less than 80 miles from the respective City Hall Zone 5 - More than 80 miles from the respective City Hall BASEPOINTS: ALBANY ASTORIA BAKER BEND BINGEN BROOKINGS BURNS COOS BAY CORVALLIS http://www.wdol.gov/wdol/scafiles/davisbacon/OR2.dvb[3/17/2010 10:32:39 AM] EUGENE HERMISTON LAGRANDE MADRAS OREGON CITY PENDLETON REEDSPORT THE DALLES GOLDENDALE HOOD RIVER LAKEVIEW MEDFORD NEWPORT PORTLAND ROSEBURG TILLAMOOK TRUCK DRIVER CLASSIFICATIONS GRANTS PASS KLAMATH FALLS LONGVIEW MCMINNVILLE ONTARIO PORT ORFORD SALEM VANCOUVER GROUP 1: A -frame or hydra -lift truck w/load bearing surface; Articulated dump truck; Battery rebuilders; Bus or manhaul driver; Concrete buggies (power operated); Concrete pump truck; Dump trucks, side, end and bottom dumps, including semi -trucks and trains or combinations thereof: up to and including 10 cu. yds.; Lift jitneys, fork lifts (all sizes in loading, unloading and transporting material on job site); Loader and/or leverman on concrete dry batch plant (manually operated); Lubrication man, fuel truck driver, tireman, wash rack, steam cleaner or combination; Pilot car; Pickup truck; Slurry truck driver or leverman; Solo flat bed and misc. body truck, 0-10 tons; Team drivers; Tireman; Transit mix and wet or dry mix trucks: 5 cu yds. and under; Water wagons (rated capacity) up to 3,000 gallons GROUP 2: Boom truck/hydra-lift or retracting crane; Challenger; Dumpsters or similar equipment -all sizes; Dump trucks/articulated dumps 6 cu to 10 cu.; Flaherty spreader driver or leverman; Low bed equipment, flat bed semi -truck and trailer or doubles transporting equipment or wet or dry materials; Lumber carrier, driver -straddle carrier (used in loading, unloading and transporting of materials on job site); Oil distributor driver or leverman; Transit mix and wet or dry mix trucks: over 5 cy yds and including 7 cu. yds; Vacuum trucks; Water Wagons (rated capacity) over 3,000 to 5,000 gallons GROUP 3: Ammonia nitrate distributor driver; Dump trucks, side, end and bottom dumps, including semi -trucks and trains or combinations thereof: over 10 cu. yds. and including 30 cu. yds., includes articulated dump trucks; Self -Propelled street sweeper; Transit mix and wet or dry mix trucks, over 7 cu. yds. and including 11 cu. yds.; truck mechanic -Welder -Body repairman; Utility and clean-up truck; Water wagons (rated capacity) 5,000 to 10,000 gallons. GROUP 4: Asphalt Bruner; Dump trucks, side, end and bottom dumps, including semi -trucks and trains or combinations thereof: over 30 cu. yds. and including 50 cu. yds. includes articulated dump trucks; Fire guard; Transit Mix and Wet or Dry Mix Trucks, over 11 cu. yds. and including 15 cu. yds.; Water Wagon (rated capacity) over 10,000 gallons to 15,000 gallons GROUP 5: Composite Crewman; Dump trucks, side, end and bottom dumps, including semi -trucks and trains or combinations thereof: over 50 cu. yds. and including 60 cu. yds., includes articulated dump trucks GROUP 6: Bulk cement spreader w/o auger; Dry Pre -Batch concrete mix trucks; Dump trucks, side, end and bottom dumps, including semi -trucks and trains of combinations thereof: over 60 cu. yds. and including 80 cu. yds. and includes articulated dump trucks; Skid truck GROUP 7: Dump trucks, side, end and bottom dumps, including semi -trucks and trains or combinations thereof: over 80 cu. yds. and including 100 cu. yds. includes articulated dump trucks; Industrial lift truck (mechanical tailgate) FOOTNOTE C: HANDLING OF HAZARDOUS WAST MATERIALS -(LABORERS, POWER EQUIPMENT OPERATORS, AND TRUCK DRIVERS): Personnel in all craft classifications subject to working inside a federally designated Hazardous Waste perimeter shall be eligible for compensation in accordance with the following group schedule relative to the level of Hazardous Waste as outline in the specific Hazardous Waste Project Site Safety http://www.wdol.gov/wdol/scafiles/davisbacon/OR2.dvb[3/17/2010 10:32:39 AM] Plan: H-1 Base Wage Rate when on a hazardous waste site when not outfitted with protective clothing. H-2 Class "C" Suit - Basic hourly wage rate plus $1.00 per hour, fringes plus $0.15. H-3 Class "B" Suit - Basic hourly wage rate plus $1.50 per hour, fringes plus $0.15. H-4 Class "A" Suit -Basic hourly wage rate plus $2.00 per hour, fringes plus $0.15. WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ----------------- Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: http://www.wdol.gov/wdol/scafiles/davisbacon/OR2.dvb[3/17/2010 10:32:39 AM] Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION http://www.wdol.gov/wdol/scafiles/davisbacon/OR2.dvb[3/17/2010 10:32:39 AM] Department of Energy Oak Ridge Office P.O. Box 2001 Oak Ridge, Tennessee 37831 March 17, 2010 Dear American Recovery and Reinvestment Act Recipient: In your Energy Efficiency and Conservation Block Grant (EECBG) award, the current Special Terms and Conditions contain the provision entitled "Historic Preservation." The Department of Energy (DOE) is clarifying through this letter and an updated provision how it intends for Recipients to comply with the Historic Preservation requirement. The Historic Preservation provision does not prevent recipients from beginning individualized consultation with their State Historic Preservation Officer (SHPO) at any time or using existing state interagency historic preservation protocols to the extent possible. The Recipient may continue to achieve compliance with the Historic Preservation provision by adhering to their current agreement with their respective SHPO. Recipients should also take advantage of the Prototype Programmatic Agreement (PA) recently approved and released by the Advisory Council on Historic Preservation (ACHP) for DOE's EECBG, State Energy Program and Weatherization Assistance Program activities. DOE has been working with Recipients and State Historic Preservation Offices to put in place PAs based upon the Prototype that will cover each State and Territory. The prototype PA also recognizes the sovereignty of Tribal governments, while allowing them the option to participate in this comprehensive approach. Upon execution of a PA by DOE, state -level Recipient(s), and the SHPO, DOE will request all recipients and subrecipients to comply with the terms of the PA executed for their state or territory. Project Recipients who are not States or Territories do not have to execute the PA. Your Project Officer will provide you with a copy of the executed PA for your State upon execution. The PA will apply to these recipients as a contractual condition under the Historic Preservation provision. The PA will exempt many activities from consultation with the SHPO. If an activity is not exempt from consultation, the PA describes the protocol agreed to in that State for carrying out consultation in compliance with Section 106. If a PA has not been executed in a particular State or Territory, recipients may consult with the SHPO using existing consultation protocols provided by the SHPO. Recipients may locate the website for their cognizant SHPO at: http://wvvw.ncshpo.org/find/index.htm. Recipients are not required to obtain DOE approval of their consultation documentation. However, recipients are required to keep such documentation on file, and are expected to provide digital copies of all relevant Historic Preservation documentation to their respective Project Officer. DOE will require recipients to report on how they complied with the Historic Preservation clause for all activities. This report will be made on a cumulative basis annually on March 17, 2010 Page 2 September 1, broken out by category. A report format will be forthcoming, along with a modification to the Federal Assistance Reporting Checklist. As an illustration, if a Recipient conducted 300 activities that were the subject of a specific exemption listed in the PA, 200 activities that were the subject of another specific exemption, and the Recipient conducted 15 consultations with the SHPO for activities that were not exempt, the Recipient need only report out the number of activities that fell within a specific exemption or consultation. All recipients may avail themselves of assistance from DOE in carrying out Section 106 consultation requirements by sending an email to: historicpreservation@go.doe.gov. The updated Historic Preservation provision is provided below: HISTORIC PRESERVATION Prior to the expenditure of Project funds to alter any historic structure or site, the Recipient or subrecipient shall ensure that it is compliant with Section 106 of the National Historic Preservation Act (NHPA), consistent with DOE's 2009 letter of delegation of authority regarding the NHPA. Section 106 applies to historic properties that are listed in or eligible for listing in the National Register of Historic Places. If applicable, the Recipient or subrecipient must contact the State Historic Preservation Officer (SHPO), and the Tribal Historic Preservation Officer (THPO) to coordinate the Section 106 review outlined in 36 CFR Part 800. In the event that a State, State SHPO and DOE enter into a Programmatic Agreement, the terms of that Programmatic Agreement shall apply to all recipient and subrecipient activities within that State. SHPO contact information is available at the following link: http://www.ncshpo.org/find/index.htm. THPO contact information is available at the following link: http://www.nathpo.org/map.html. Section 110(k) of the NHPA applies to DOE funded activities. The Recipient or subrecipient certifies that it will retain sufficient documentation to demonstrate that the Recipient or subrecipient has received required approval(s) from the SHPO or THPO for the Project. Recipients or subrecipients shall avoid taking any action that results in an adverse effect to historic properties pending compliance with Section 106. The Recipient or subrecipient shall deem compliance with Section 106 of the NHPA complete only after it has received this documentation. The Recipient or sub -recipient shall upon receipt forward a digital copy of all documentation to DOE relating to NHPA compliance. Recipient will be required to report annually on September 1 the disposition of all historic preservation consultations by category. For questions or concerns regarding your award, please contact your cognizant DOE Project Officer. Sincerely, k-6,44 41a,tAaJ Beverly J. Harness Contracting Officer 031510 SPECIAL TERMS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM - FORMULA GRANTS Table of Contents SPECIAL TERMS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM - FORMULA GRANTS 1 1. RESOLUTION OF CONFLICTING CONDITIONS 1 2. AWARD AGREEMENT TERMS AND CONDITIONS 2 3. AWARD PROJECT PERIOD AND BUDGET PERIODS 2 4. STAGED DISBURSEMENT OF FUNDS 2 5. PAYMENT PROCEDURES - ADVANCES THROUGH THE AUTOMATED STANDARD APPLICATION FOR PAYMENTS (ASAP) SYSTEM 3 6. INCREMENTAL FUNDING AND MAXIMUM OBLIGATION - COEXTENSIVE BUDGET PERIOD AND PROJECT PERIOD 3 7. COST SHARING FFRDC'S NOT INVOLVED 3 8. REBUDGETING AND RECOVERY OF INDIRECT COSTS 4 9. CEILING ON ADMINISTRATIVE COSTS 5 10. LIMITATIONS ON USE OF FUNDS 5 11. PRE -AWARD COSTS 5 12. USE OF PROGRAM INCOME - ADDITION 5 13. STATEMENT OF FEDERAL STEWARDSHIP 5 14. SITE VISITS 5 15. REPORTING REQUIREMENTS 6 16. PUBLICATIONS 6 17. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS 6 18. INTELLECTUAL PROPERTY PROVISIONS AND CONTACT INFORMATION 6 19. LOBBYING RESTRICTIONS 7 20. NOTICE REGARDING THE PURCHASE OF AMERICAN -MADE EQUIPMENT AND PRODUCTS - - SENSE OF CONGRESS 7 21. INSOLVENCY, BANKRUPTCY OR RECEIVERSHIP 7 22. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS 7 23. DECONTAMINATION AND/OR DECOMMISSIONING (D&D) COSTS 8 24. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) 8 25. REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF THE RECOVERY ACT (MAY 2009) 11 26. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS -- SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) 12 27. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS (COVERED UNDER INTERNATIONAL AGREEMENTS) --SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) 14 28. WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT (MAY 2009)17 29. RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMING SUBRECIPIENTS (MAY 2009) 17 30. DAVIS BACON ACT AND CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (NOV 2009) 18 31. HISTORIC PRESERVATION 24 ATTACHMENT 1 - INTELLECTUAL PROPERTY PROVISIONS 26 SPECIAL TERMS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM - FORMULA GRANTS 1. RESOLUTION OF CONFLICTING CONDITIONS Not Specified/Other 031510 Any apparent inconsistency between Federal statutes and regulations and the terms and conditions contained in this award must be referred to the DOE Award Administrator for guidance. 2. AWARD AGREEMENT TERMS AND CONDITIONS This award/agreement consists of the Grant and Cooperative Agreement cover page, plus the following: a. Special terms and conditions. b. Attachments: Attachment No. Title 1 Intellectual Property Provisions 2 Project Activity Worksheet(s) are attached. If the Worksheet is for the Strategy, the grant will be amended to include additional Worksheets as activities are approved. 3 Federal Assistance Reporting Checklist 4 Budget Pages are attached. For Strategy, the SF -424A is attached, if it was included in the application. The grant will be amended to include additional Budget Pages as activities are approved. 5 Davis -Bacon Act Wage Determination(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 CFR Part 600 at http://ecfr.gpoaccess.gov and if the award is for research and to a university or non-profit, the Research Terms & Conditions and the DOE Agency Specific Requirements at http://www.nsf.gov/bfa/dias/policy/rtc/index.jsp. e. Application/proposal as approved by DOE. f. National Policy Assurances to Be Incorporated as Award Terms in effect on date of award at http://management.energy.gov/business doe/1374.htm 3. AWARD PROJECT PERIOD AND BUDGET PERIODS The Project and Budget Periods for this award are concurrent for a 36 -month period as indicated in Item No. 7 of the Assistance Agreement Face Page. 4. STAGED DISBURSEMENT OF FUNDS f 1 IF MARKED, THIS TERM IS APPLICABLE The total funding allocation for this award is shown in Block 13 of the Assistance Agreement Cover Page. However, funds will be released according to a staged disbursement schedule. All funds must be expended within 36 months of the effective date of the award. [ ] For Energy Efficiency Conservation Strategy (EECS) Only awards, funds in the amount of $ [ ] is released to the Recipient to begin work on the EECS. 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. Not Specified/Other 2 031510 [ ] Funds in the amount of $ [ ] is released to the Recipient to begin work on the activities listed in Attachment 2, Project Activity Worksheets. The remaining funds 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 of $ [ ] is released to the Recipient to begin work on administrative duties pending resolution of problematic issues such as eligibility, technical issues, NEPA, historic preservation, budgetary items, or similar issues. The remaining funds will be released upon successful resolution of these issues and amendment of the award. 5. PAYMENT PROCEDURES - ADVANCES THROUGH THE AUTOMATED STANDARD APPLICATION FOR PAYMENTS (ASAP) SYSTEM 1 IF MARKED, THIS TERM DOES NOT APPLY— SEE ATTACHMENT 6 a. Method of Payment. Payment will be made by advances through the Department of Treasury's ASAP system. b. Requesting Advances. Requests for advances must be made through the ASAP system. You may submit requests as frequently as required to meet your needs to disburse funds for the Federal share of project costs. If feasible, you should time each request so that you receive payment on the same day that you disburse funds for direct project costs and the proportionate share of any allowable indirect costs. If same- day transfers are not feasible, advance payments must be as close as is administratively feasible to actual disbursements. c. Adjusting payment requests for available cash. You must disburse any funds that are 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 cash payments from DOE/NNSA. d. Payments. All payments are made by electronic funds transfer to the bank 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 AWARDS. This award is funded on an incremental basis. The maximum obligation of the DOE/NNSA is limited to the amount shown on the Agreement Face Page. You are not obligated to continue performance of the project beyond the total amount obligated and your pro rata share of the project costs, if cost sharing is required. Additional funding is contingent upon the availability of appropriated funds and substantial progress towards meeting the objectives of the award. 7. COST SHARING FFRDC'S NOT INVOLVED APPLICABLE ONLY IF COST SHARING IS INCLUDED IN THE AWARD. a. Total Estimated Project Cost is the sum of the Government share and Recipient share of the estimated project costs. The Recipient's cost share must come from non -Federal sources unless otherwise allowed by law. By accepting federal funds under this award, you agree that you are liable for your percentage share of total allowable project costs, on a budget period basis, even if the project is terminated early or is not funded to its completion. This cost is shared as follows: Budget Budget Government Share Recipient Share 1 Total Estimated Cost Not Specified/Other 031510 Period No. Period Start V% $/% Total Project b. If you discover that you may be unable to provide cost sharing of at least the amount 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 the project. If you plan to continue the project, the notification must describe how replacement cost sharing will be secured. c. You must maintain records of all project costs that you claim as cost sharing, including in-kind costs, as well as records of costs to be paid by DOE/NNSA. Such records are subject to audit. d. Failure to provide the cost sharing required by this Article may result in the subsequent recovery by DOE/NNSA of some or all the funds provided under the award. 8. REBUDGETING AND RECOVERY OF INDIRECT COSTS THE APPLICABLE TERM IS MARKED BELOW. [ ] REBUDGETING AND RECOVERY OF INDIRECT COSTS - REIMBURSABLE INDIRECT COSTS AND FRINGE BENEFITS a. If actual allowable indirect costs and fringe benefits are less than those budgeted and funded under the award, you may use the difference to pay additional allowable direct costs during the project period. If at the completion of the award the Government's share of total allowable costs (i.e., direct, indirect, fringe benefits), is less than the total costs reimbursed, you must refund the difference. b. Recipients are expected to manage their indirect costs and fringe benefits. DOE will not amend an award solely to provide additional funds for changes in indirect costs and fringe benefits. DOE recognizes that the inability to obtain full reimbursement for indirect costs and fringe benefits means the recipient must absorb the underrecovery. Such underrecovery may be allocated as part of the organization's required cost sharing. REBUDGETING AND RECOVERY OF INDIRECT COSTS — REIMBURSABLE INDIRECT COSTS a. If actual allowable indirect costs are less than those budgeted and funded under the award, you may use the difference to pay additional allowable direct costs during the project period. If at the completion of the award the Government's share of total allowable costs (i.e., direct and indirect), is less than the total costs reimbursed, you must refund the difference. b. Recipients are expected to manage their indirect costs. 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 reimbursement for indirect costs means the recipient must absorb the underrecovery. Such underrecovery may be allocated as part of the organization's required cost sharing. c. The budget for this award includes indirect costs, but does not include fringe benefits. Therefore, fringe benefit costs shall not be charged to nor shall reimbursement be requested for this project nor shall the fringe benefit costs for this project be allocated to any other federally sponsored project. In addition, fringe benefit costs shall not be counted as cost share unless approved by the Contracting Officer. [X] REBUDGETING AND RECOVERY OF INDIRECT COSTS - INDIRECT COSTS AND FRINGE BENEFITS ARE NOT REIMBURSABLE The budget for this award does not include indirect costs or fringe benefits. Therefore, these expenses Not Specified/Other 4 031510 shall not be charged to nor reimbursement requested for this project nor shall the fringe and indirect costs from this project be allocated to any other federally sponsored project. In addition, indirect costs or fringe benefits shall not be counted as cost share unless approved by the Contracting Officer. 9. CEILING ON ADMINISTRATIVE COSTS a. Recipients may not use more than 10 percent of amounts provided under this program, or $75,000, whichever is greater (EISA Sec 545(b)(3)(A), for administrative expenses, excluding the costs of meeting the reporting requirements under Title V, Subtitle E of EISA. These costs should be captured and summarized for each activating under the Projected Costs Within Budget: Administration. b. Recipients are expected to manage their administrative costs. DOE will not amend an award solely to provide additional funds for changes in administrative costs. The Recipient shall not be reimbursed on this project for any final administrative costs that are in excess of the designated 10 percent administrative cost ceiling. In addition, the Recipient shall neither count costs in excess of the administrative cost 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 use more than 20 percent or $250,000, whichever is greater (EISA Sec 545(b)(3)(B), for the establishment of revolving loan funds. b. Recipients may not use more than 20 percent or $250,000, whichever is greater (EISA Sec 545(b)(3)(C), for subgrants to nongovernmental organizations for the purpose of assisting in the implementation of the energy efficiency and conservation strategy of the eligible unit of local government. 11. PRE -AWARD COSTS APPLICABLE ONLY IF COMPLETED BELOW. You are entitled to reimbursement for preaward costs for the period from [MonthDayYear] to [MonthDayYear] in accordance with your request dated [MonthDayYear] if such costs are allowable in accordance with the applicable Federal cost principles referenced in 10 CFR Part 600. 12. USE OF PROGRAM INCOME - ADDITION If you earn program income during the project period as a result of this award, you may add the program income to the funds committed to the award and use it to further eligible project objectives. 13. STATEMENT OF FEDERAL STEWARDSHIP DOE/NNSA will exercise normal Federal stewardship in overseeing the project activities performed under this award. Stewardship activities include, but are not limited to, conducting site visits; reviewing performance and financial reports; providing technical assistance and/or temporary intervention in unusual circumstances to correct deficiencies which develop during the project; assuring compliance with terms and conditions; and reviewing technical performance after project completion to ensure that the award objectives have been accomplished. 14. SITE VISITS DOE's authorized representatives have the right to make site visits at reasonable times to review project accomplishments and management control systems and to provide technical assistance, if required. You must provide, and must require your subawardees to provide, reasonable access to facilities, office space, resources, and assistance for the safety and convenience of the government representatives in the performance of their Not Specified/Other 5 031510 duties. All site visits and evaluations must be performed in a manner that does not unduly interfere with or delay the work. 15. 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 requirements is considered a material noncompliance with the terms of the award. Noncompliance may result in withholding of future payments, suspension, or termination of the current award, and withholding of future awards. A willful failure to perform, a history of failure to perform, or unsatisfactory 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 scientific/technical reports. Scientific/technical reports submitted under this award will be disseminated on the Internet via the DOE Information Bridge (www.osti.gov/bridge), 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.osti.gov/energycitations). d. Restrictions. Reports submitted to the DOE Information Bridge must not contain any Protected Personal Identifiable Information (PII), limited rights data (proprietary data), classified information, information subject to export control classification, or other information not subject to release. 16. PUBLICATIONS a. You are encouraged to publish or otherwise make publicly available the 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 not, based on or developed under this project, as follows: Acknowledgment: "This material is based upon work supported by the Department of Energy under Award Number DE-SC0003180." Disclaimer: "This report was prepared as an account of work sponsored by an agency of the United States Government. Neither the United States Government nor any agency thereof, nor any of their employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, 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 thereof." 17. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS You must obtain any required permits and comply with applicable federal, state, and municipal laws, codes, and regulations for work performed under this award. 18. INTELLECTUAL PROPERTY PROVISIONS AND CONTACT INFORMATION a. The intellectual property provisions applicable to this award are 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 http://www.gc.doe.gov/financial assistance awards.htm. Not Specified/Other 6 031510 b. Questions regarding intellectual property matters should be referred to the DOE Award Administrator and the Patent Counsel designated as the service provider for the DOE office that issued the award. The IP Service Providers List is found at http://www.gc.doe.gov/documents/intellectual Property (IP) Service Providers for Acquisition.pdf 19. LOBBYING RESTRICTIONS By accepting funds under this award, you agree that none of the funds obligated on the award shall be expended, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than 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 and regulation. 20. NOTICE REGARDING THE 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 purchased with funds made available under this award should be American-made. 21. INSOLVENCY, BANKRUPTCY OR RECEIVERSHIP a. You shall immediately notify the DOE of the occurrence of any of the following events: (i) you or your parent's filing of a voluntary case seeking liquidation or reorganization under the Bankruptcy Act; (ii) your consent to the institution of an involuntary case under the Bankruptcy Act against you or your parent; (iii) the filing of any similar proceeding 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 law; 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; (ii) provide the facts surrounding that event; and (iii) provide the impact such event will have on the project being funded by this award. c. Upon the occurrence of any of the four events described in the first paragraph, DOE reserves the right to 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 determines that there are significant deficiencies or concerns with your performance under the award, DOE reserves the right to impose additional requirements, as needed, including (i) change your payment method; 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 Contracting Officer. 22. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS You are restricted from taking any action using Federal funds, which would have an adverse effect on the environment or limit the choice of reasonable alternatives prior to DOE/NNSA providing either a NEPA clearance or a final NEPA decision regarding this project. Prohibited actions include: Activities not listed below. This restriction does not preclude you from: 1) Developing the energy efficiency and conservation strategy, 2) performing energy efficiency retrofits (lights, heating, ventilating, and air conditioning, and associated controls) in county buildings (South County Services Building, Wall Street Services Building, Mike Maier Services Building, Road Department Administration Building, and the Historical Museum), 3) implementing an energy inspection and consultation program, and 4) increasing parking spaces at Park and Ride Facility. (Note: Retrofits on the Historical Museum must not be performed until Deschutes County receives written approval from the Oregon State Historic Preservation Office.) Not Specified/Other 7 031510 If you move forward with activities that are not authorized for 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 such costs may not be recognized as allowable cost share. HISTORICAL PRESERVATION CLAUSE APPLIES TO THIS AWARD. SEE SECTION 31 AND ATTACHMENT 7. If this award includes construction activities, you must submit an environmental evaluation report/evaluation notification form addressing NEPA issues prior to DOE/NNSA initiating the NEPA process. 23. DECONTAMINATION AND/OR DECOMMISSIONING (D&D) COSTS Notwithstanding any other provisions of this Agreement, the Government shall not be responsible for or have any obligation to the recipient for (i) Decontamination and/or Decommissioning (D&D) of any of the recipient's facilities, or (ii) any costs which may be incurred by the recipient in connection with the D&D of any of its facilities due to the performance of the work under this Agreement, whether said work was performed prior to or subsequent to the effective date of this Agreement. 24. SPECIAL PROVISIONS RELATING TO WORK FUNDED 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 jobs and promote economic recovery, assist those most impacted by the recession, provide investments needed to increase economic efficiency by spurring technological advances in science and health, invest in transportation, environmental protection, and other infrastructure that will provide long-term economic benefits, stabilize State 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 job 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 resources as specified in Act itself and as discussed below. Recipients should begin planning activities for their first tier subrecipients, including obtaining a DUNS number (or updating the existing DUNS record), and registering with the Central Contractor Registration (CCR). Be advised that Recovery Act funds can be used in conjunction 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 funds and to ensure those records comply with the requirements of the Act. The Government has not fully developed the implementing instructions 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 requirements of the Act. If the recipient believes there is any inconsistency between ARRA requirements and current award terms and conditions, the issues will be referred to the Contracting Officer for reconciliation. Definitions For purposes of this clause, Covered Funds means funds expended or obligated from appropriations under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5. Covered Funds will have special accounting codes and will be identified as Recovery Act funds in the grant, cooperative agreement or TIA and/or modification using Recovery Act funds. Covered Funds must be reimbursed by September 30, 2015. Non -Federal employer means any employer with respect to covered funds — the contractor, subcontractor, Not Specified/Other 8 031510 grantee, or recipient, as the case may be, if the contractor, subcontractor, grantee, or recipient is an employer; and any professional membership organization, certification of other professional body, any agent or licensee of the Federal government, or 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 funds and any contractor or subcontractor receiving the funds and any contractor or subcontractor of the State or local government; and does not mean any department, agency, or other entity of the federal government. Recipient means any entity that receives Recovery Act funds directly from the Federal government (including Recovery Act funds received through grant, loan, or contract) other than an individual and includes a State that receives Recovery Act Funds. Special Provisions A. Flow Down Requirement Recipients must include these special terms and conditions in any subaward. B. Segregation of Costs Recipients must segregate the obligations and expenditures related to funding under the Recovery Act. Financial and accounting systems should be revised as necessary to segregate, track and maintain these funds apart and separate from other revenue streams. No part of the funds from the Recovery Act shall be commingled with any other funds or used for a purpose other than that of making payments for costs allowable for Recovery Act projects. Prohibition on Use of Funds None of the funds provided under this agreement derived from the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, may be used by any State or local government, or any private entity, for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. C. Access to Records With respect to each financial assistance agreement awarded utilizing at least some of the funds appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, any representative of an appropriate inspector general appointed under section 3 or 8G of the Inspector General Act of 1988 (5 U.S.C. App.) or of the Comptroller General is authorized — (1) to examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or any State or local agency administering such contract that pertain to, and involve transactions relation to, the subcontract, subcontract, grant, or subgrant; and (2) to interview any officer or employee of the contractor, grantee, subgrantee, or agency regarding such transactions. D. Publication An application may contain technical data and other data, including trade secrets and/or privileged or confidential information, which the applicant does not want disclosed to the public or used by the Government for any purpose other than the application. To protect such data, the applicant should specifically identify each page including each line or paragraph thereof containing the data to be protected 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 Disclosure and Use of Data Not Specified/Other 9 031510 The data contained in pages ---- of this application have been submitted in confidence and contain trade secrets or proprietary information, and such data 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, DOE shall have the right to use or disclose the data here to the extent provided in the award. This restriction does not limit the Government's right to use or disclose data obtained without restriction from any source, including the applicant. Information about this agreement will be published on the Internet and linked to the website www.recovery.gov , maintained by the Accountability and Transparency Board. The Board may exclude posting contractual or other information on the website on a case-by-case basis when necessary to protect national security or to protect information that is not subject to disclosure under sections 552 and 552a of title 5, United States Code. E. Protecting State and Local Government and Contractor Whistleblowers The requirements of Section 1553 of the Act are summarized below. They include, but are not limited to: Prohibition on Reprisals: An employee of any non -Federal employer receiving covered funds under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, 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 authority over the employee (or other person working for the employer who has the authority to investigate, discover or terminate misconduct, a court or grant jury, the head of a Federal agency, or their representatives information that the employee believes is evidence of: • gross management of an agency contract or grant relating to covered funds; • a gross waste of covered funds • a substantial and specific danger to public health or safety related to the implementation 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 a contract) or grant, awarded or issued relating to covered funds. Agency Action: Not later than 30 days after receiving an inspector general report of an alleged reprisal, the head of the agency shall determine whether there is sufficient basis to conclude that the non -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 reprisal, together with compensation including 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 taken. • Order the employer to pay the employee an amount equal to the aggregate amount of all costs and expenses (including attorneys' fees and expert witnesses' fees) that were reasonably incurred by the employee for or in connection with, bringing the complaint regarding the reprisal, as determined by the head of a court of competent jurisdiction. Nonenforceablity of Certain Provisions Waiving Rights and remedies or Requiring Arbitration: Except as provided in a collective bargaining agreement, the rights and remedies 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 predispute arbitration agreement shall be valid or enforceable if it requires arbitration of a dispute arising out of this section. Requirement to Post Notice of Rights and Remedies: Any employer receiving covered funds under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, shall post notice of the rights and Not Specified/Other 10 031510 remedies as required therein. (Refer to section 1553 of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, www.Recovery.gov, for specific requirements of this section and prescribed language for the notices.). F. Request for Reimbursement Reserved G. False Claims Act Recipient and sub -recipients shall promptly refer to the DOE or other appropriate Inspector General any credible evidence that a principal, employee, agent, contractor, sub -grantee, subcontractor or other person 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 interest, bribery, gratuity or similar misconduct involving those funds. H. Information in supporting of Recovery Act Reporting Recipient may be required to submit backup 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. I. Availability of Funds Funds appropriated under the Recovery Act and obligated to this award are available for reimbursement of costs until September 30, 2015. J. Additional Funding Distribution and Assurance of Appropriate Use of Funds Applicable if award is to a State Government or an Agency Certification by Governor -- Not later than April 3, 2009, for funds provided to any State or agency thereof by the American Reinvestment and Recovery Act of 2009, Pub. L. 111-5, the Governor of the State shall certify that: 1) the state will request and use funds provided by the Act; and 2) the funds will be used to create jobs and promote economic growth. Acceptance by State Legislature -- If funds provided to any State in any division of the Act are not accepted for use by the Governor, then acceptance by the State legislature, by means of the adoption of a concurrent resolution, shall be sufficient to provide funding to such State. Distribution — After adoption of a State legislature's concurrent resolution, funding to the State will be for distribution to local governments, councils of government, public entities, and public-private entities within the State either by formula or at the State's discretion. K. Certifications With respect to funds made available to State or local governments for infrastructure investments under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, the Governor, mayor, or other chief executive, as appropriate, certified by acceptance of this award that the infrastructure investment has received the full review and vetting required by law and that the chief executive accepts responsibility that the infrastructure investment is an appropriate use of taxpayer dollars. Recipient shall provide an additional certification that includes a description of the investment, the estimated total cost, and the amount of covered funds to be used for posting on the Internet. A State or local agency may not receive infrastructure investment funding from funds made available by the Act unless this certification is made and posted. 25. REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF THE Not Specified/Other 11 031510 RECOVERY ACT (MAY 2009) a. This award requires the recipient to complete projects or activities which are funded under the American Recovery and Reinvestment Act of 2009 (Recovery Act) and to report on use of Recovery Act funds 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 Recovery Act. c. Recipients and their first-tier recipients must maintain current registrations in the Central Contractor Registration (http://www.ccr.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 (http://www.dnb.com) is one of the requirements for registration in the Central Contractor Registration. d. The recipient shall report the information described in section 1512(c) of the Recovery Act using the reporting instructions and data elements that will be provided online at http://www.FederalReporting.gov and ensure that any information that is pre -filled is corrected or updated as needed. 26. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS -- SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) THIS AWARD TERM IS APPLICABLE TO ANY RECOVERY ACT FUNDS FOR CONSTRUCTION, ALTERATION, MAINTENANCE, OR REPAIR OFA PUBLIC BUILDING OR PUBLIC WORK AND THE TOTAL PROJECT VALUE IS ESTIMATED LESS THAN $7,443,000. THIS AWARD TERM ALSO APPLIES TO ALL SUBGRANTS AND CONTRACTS. a. Definitions. As used in this award term and condition -- (1) Manufactured good means a good brought to the construction site for incorporation into the building or work that has been— (i) Processed into a specific form and shape; or (ii) Combined with other raw material 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 of, and a public work of, a governmental entity (the United States; the District of Columbia; commonwealths, territories, and minor outlying islands of the United States; State and local 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, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings and works. (3) Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. 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, steel, and manufactured goods used in the project are produced in the United States except as provided in paragraph (b)(3) and (b)(4) of this section and condition. (2) This requirement does not apply to the material listed by the Federal Government as follows: None Not Specified/Other 12 031510 [Award official to list applicable excepted materials or indicate "none"] (3) The award official may add other iron, steel, and/or manufactured goods to the list in paragraph (b)(2) of this section and condition if the Federal Government determines that -- (i) The cost of the domestic iron, steel, and/or manufactured goods would be unreasonable. The cost of domestic iron, steel, or manufactured goods used in the project is unreasonable when the cumulative cost of such material will increase the cost of the overall project by more than 25 percent; (ii) The iron, steel, and/or manufactured good is not produced, or manufactured 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 Act would be inconsistent with the public interest. c. 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 (b)(3) 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 project; (G) Name and address of the proposed supplier; and (H) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured goods cited in accordance with paragraph (b)(3) of this section. (ii) 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 this section. (iii) The cost of iron, steel, and/or manufactured goods material shall include all delivery costs to the construction site and any applicable duty. (iv) Any recipient request for a determination submitted after Recovery Act funds have been obligated for a project for construction, alteration, maintenance, or repair shall explain why the recipient could not reasonably foresee the need for such determination and could not have requested the determination before the funds were obligated. If the recipient does not submit a satisfactory explanation, the award official need not make a determination. (2) If the Federal Government determines after funds 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, steel, and/or relevant manufactured goods. When the basis for the exception is nonavailability or public interest, 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 foreign 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 award official shall adjust the award amount or redistribute budgeted funds by at least the differential established in 2 CFR 176.110(a). (3) Unless the Federal Government determines that an exception to section 1605 of the Recovery Act applies, use of foreign iron, steel, and/or manufactured goods is noncompliant with section 1605 of the American Recovery and Reinvestment Act. d. Data. To permit evaluation of requests under paragraph (b) of this section based on unreasonable cost, the Recipient shall include the following information and any applicable supporting data based on the survey of suppliers: Not Specified/Other 13 031510 Foreign and Domestic Items Cost Comparison 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. *Include all delivery costs to the construction site. 27. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS (COVERED UNDER INTERNATIONAL AGREEMENTS) --SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) THIS AWARD TERM IS APPLICABLE TO ANY RECOVERY ACT FUNDS FOR CONSTRUCTION, ALTERATION, MAINTENANCE, OR REPAIR OF A PUBLIC BUILDING OR PUBLIC WORK WITH A TOTAL PROJECT VALUE OVER $7,443,000 THAT INVOLVES IRON, STEEL, AND/OR MANUFACTURED GOODS MATERIALS COVERED UNDER INTERNATIONAL AGREEMENTS. THIS AWARD TERM ALSO APPLIES TO ALL SUBGRANTS AND CONTRACTS. a. Definitions. As used in this award term and condition -- Designated country — (1) A World Trade Organization Government Procurement Agreement country (Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, and United Kingdom; (2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Israel, Mexico, Morocco, Nicaragua, Oman, Peru, or Singapore); or (3) A United States -European Communities Exchange of Letters (May 15, 1995) country: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, and United Kingdom. Designated country iron, steel, and/or manufactured goods — (1) Is wholly the growth, product, or manufacture of a designated country; or Not Specified/Other 14 Description Unit of Measure Quantity Cost (dollars)* Item 1: Foreign steel. iron. or manufactured good Domestic steel, iron, or manufactured good Item 2: Foreign steel, iron , or manufactured good 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. *Include all delivery costs to the construction site. 27. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS (COVERED UNDER INTERNATIONAL AGREEMENTS) --SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) THIS AWARD TERM IS APPLICABLE TO ANY RECOVERY ACT FUNDS FOR CONSTRUCTION, ALTERATION, MAINTENANCE, OR REPAIR OF A PUBLIC BUILDING OR PUBLIC WORK WITH A TOTAL PROJECT VALUE OVER $7,443,000 THAT INVOLVES IRON, STEEL, AND/OR MANUFACTURED GOODS MATERIALS COVERED UNDER INTERNATIONAL AGREEMENTS. THIS AWARD TERM ALSO APPLIES TO ALL SUBGRANTS AND CONTRACTS. a. Definitions. As used in this award term and condition -- Designated country — (1) A World Trade Organization Government Procurement Agreement country (Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, and United Kingdom; (2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Israel, Mexico, Morocco, Nicaragua, Oman, Peru, or Singapore); or (3) A United States -European Communities Exchange of Letters (May 15, 1995) country: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, and United Kingdom. Designated country iron, steel, and/or manufactured goods — (1) Is wholly the growth, product, or manufacture of a designated country; or Not Specified/Other 14 031510 (2) In the 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 different manufactured good distinct from the materials from which it was transformed. Domestic iron, steel, and/or manufactured good — (1) Is wholly the growth, product, or manufacture of the United States; or (2) In the case of a manufactured good that consists in whole or in part of materials from another country, has been substantially transformed in the United States into a new and different manufactured good distinct from the materials from which it was transformed. There is no requirement with regard to the origin of components or subcomponents in manufactured goods or products, as long as the manufacture of the goods occurs in the United States. Foreign iron, steel, and/or manufactured good means iron, steel and/or manufactured good that is not domestic or designated country iron, steel, and/or manufactured good. Manufactured good means a good brought to the construction 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 create a material that has different properties than the properties of the individual raw materials. Public building and public work means a public building of, and a public work of, a governmental entity (the United States; the District of Columbia; commonwealths, territories, and minor outlying islands of the United States; State and local 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, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings and works. Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. b. Iron, steel, and manufactured goods. (1) The award term and condition described in this section implements -- (i) Section 1605(a) of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111--5) (Recovery Act), by requiring that all iron, steel, and manufactured goods used in the project are produced in the United States; and (ii) Section 1605(d), which requires application of the Buy American requirement in a manner consistent with U.S. obligations under international agreements. The restrictions of section 1605 of the Recovery Act do not apply to designated country iron, steel, and/or manufactured goods. The Buy American requirement in section 1605 shall not be applied where the iron, steel or manufactured goods used in the project are from a Party to an international agreement that obligates the recipient to treat the goods and services of that Party the same as domestic goods and services. This obligation shall only apply to projects with an estimated value of $7,443,000 or more. (2) The recipient shall use only domestic or designated country iron, steel, and manufactured goods in performing the work funded in whole or part with this award, except as provided in paragraphs (b)(3) and (b)(4) of this section. Not Specified/Other 15 031510 (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 follows: None [Award official to list applicable excepted materials or indicate "none"] (4) The award official may add other iron, steel, and manufactured goods to the list in paragraph (b)(3) of this section if the Federal Government determines that -- (i) The cost of domestic iron, steel, and/or manufactured goods would be unreasonable. The cost of domestic iron, steel, and/or manufactured goods used in the project is unreasonable when the cumulative cost of such material will increase the overall cost of the project by more than 25 percent; (ii) The iron, 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. Request for determination of inapplicability of section 1605 of the Recovery Act or the Buy American Act. (1) (i) Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance with paragraph (b)(4) of this section shall include adequate information 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; (G) Name and address of the proposed supplier; and (H) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured goods cited in accordance with paragraph (b)(4) of this section. (ii) 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 this section. (iii) The cost of iron, steel, or manufactured goods shall include all delivery costs to the construction site and any applicable duty. (iv) Any recipient request for a determination submitted after Recovery Act funds have been obligated for a project for construction, alteration, maintenance, or repair shall explain why the recipient could not reasonably foresee the need for such determination and could not have requested the determination before the funds were obligated. If the recipient does not submit a satisfactory explanation, the award official need not make a determination. (2) If the Federal Government determines after funds 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, steel, and/or relevant manufactured goods. When the basis for the exception is nonavailability or public interest, the amended award shall reflect adjustment of the award amount, redistribution of budgeted funds, and/or other appropriate actions taken to cover costs associated with acquiring or using the foreign 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 award 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 determines that an exception to section 1605 of the Recovery Act applies, use of foreign iron, steel, and/or manufactured goods other than designated country iron, steel, and/or manufactured goods is noncompliant with the applicable Act. Not Specified/Other 16 031510 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 and Domestic Items Cost Comparison Description Unit of Measure Quantity Cost (dollars)* Bern 1: Foreign steel. iron, or manufactured good Domestic steel, iron, or manufactured good Item 2: Foreign steel, iron , or manufactured good 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. *Include all delivery costs to the construction site. 28. WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT (MAY 2009) THIS AWARD TERM IS APPLICABLE TO RECOVERY ACT PROGRAMS OR ACTIVITIES THAT MAY INVOLVE CONSTRUCTION, ALTERATION, MAINTENANCE, OR REPAIR. THIS AWARD TERM ALSO APPLIES TO ALL SUBGRANTS AND CONTRACTS. a. Section 1606 of the Recovery Act requires that all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to the Recovery Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the Department of Labor has issued regulations at 29 CFR parts 1, 3, and 5 to implement the Davis -Bacon and related Acts. Regulations in 29 CFR 5.5 instruct agencies concerning application of the standard Davis -Bacon contract clauses set forth in that section. Federal agencies providing grants, cooperative agreements, and loans under the Recovery Act shall ensure that the standard Davis -Bacon contract clauses found in 29 CFR 5.5(a) are incorporated in any resultant covered contracts that are in excess of $2,000 for construction, alteration or repair (including painting and decorating). b. For additional guidance on the wage rate requirements of section 1606, contact your awarding agency. Recipients of grants, cooperative agreements and loans should direct their initial inquiries concerning the application of Davis -Bacon requirements to a particular federally assisted project to the Federal agency funding the project. The Secretary of Labor retains final coverage authority under Reorganization Plan Number 14. 29. RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMING SUBRECIPIENTS (MAY 2009) Not Specified/Other 17 031510 a. To maximize the transparency and accountability of funds 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 and Agreements" and OMB Circular A-- 102 Common Rules provisions, recipients agree to maintain records that identify adequately the source and application of Recovery Act funds. OMB Circular A--102 is available at http://www.whitehouse.gov/omb/circulars/a102/a102.html b. For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular A--133, "Audits of States, Local Governments, and Non -Profit Organizations," recipients agree to separately identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF --SAC) required by OMB Circular A--133. OMB Circular A--133 is available at http://www.whitehouse.gov/omb/circulars/a133/a133.html. 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 the 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 characters in Item 9d of Part III on the SF --SAC. c. Recipients agree to separately identify to each subrecipient, 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 funds for an existing program, the information furnished to subrecipients shall distinguish the subawards of incremental Recovery Act funds from regular subawards under the existing program. d. Recipients agree to require their subrecipients to include 011 their SEFA information to specifically identify Recovery Act funding similar to the requirements for the recipient SEFA described above. This information is needed to allow the recipient to properly monitor subrecipient expenditure of ARRA funds as well as oversight by the Federal awarding agencies, Offices of Inspector General and the Government Accountability Office. 30. DAVIS BACON ACT AND CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (NOV 2009) THIS AWARD TERM IS APPLICABLE TO ARRA AWARDS WHEN WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT TERM IS APPLICABLE. THIS AWARD TERM IS ALSO APPLICABLE TO SUBGRANTS AND CONTRACTS. Definitions: For purposes of this clause, Clause 30, Davis Bacon Act and Contract Work Hours and Safety Standards Act, the following definitions are applicable: (1) "Award" means any grant, cooperative agreement or technology investment agreement made with Recovery Act funds by the Department of Energy (DOE) to a Recipient. Such Award must require compliance with the labor standards clauses and wage rate requirements of the Davis -Bacon Act (DBA) for work performed by all laborers and mechanics employed by Recipients (other than a unit of State or local government whose own employees perform the construction) Subrecipients, Contractors, and subcontractors. (2) "Contractor" means an entity that enters into a Contract. For purposes of these clauses, Contractor shall include (as applicable) prime contractors, Recipients, Subrecipients, and Recipients' or Subrecipients' contractors, subcontractors, and lower -tier subcontractors. "Contractor" does not mean a unit of State or local government where construction is performed by its own employees." (3) "Contract" means a contract executed by a Recipient, Subrecipient, prime contractor, or any tier subcontractor for construction, alteration, or repair. It may also mean (as applicable) (i) financial assistance instruments such as grants, cooperative agreements, technology investment agreements, and loans; and, (ii) Sub awards, contracts and subcontracts issued under financial assistance agreements. "Contract" does not Not Specified/Other 18 031510 mean a financial assistance instrument with a unit of State or local government where construction is performed by its own employees. (4) "Contracting Officer" means the DOE official authorized to execute an Award on behalf of DOE and who is responsible for the business management and non -program aspects of the financial assistance process. (5) "Recipient" means any entity other than an individual that receives an Award of Federal funds in the form of a grant, cooperative agreement, or technology investment agreement directly from the Federal Government and is financially accountable for the use of any DOE funds or property, and is legally responsible for carrying out the terms and conditions of the program and Award. (6) "Subaward" means an award of fmancial assistance in the form of money, or property in lieu of money, made under an award by a Recipient to an eligible Subrecipient or by a Subrecipient to a lower -tier subrecipient. The term includes financial assistance when provided by any legal agreement, even if the agreement is called a contract, but does not include the Recipient's procurement of goods and services to carry out the program nor does it include any form of assistance which is excluded from the definition of "Award" above. (7) "Subrecipient" means a non -Federal entity that expends Federal funds received from a Recipient to carry out a Federal program, but does not include an individual that is a beneficiary of such a program. (a) Davis Bacon Act (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and, without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in §5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The Contracting Officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the Contract shall be classified in conformance with the wage determination. The Contracting Officer Not Specified/Other 19 031510 shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30 -day period that additional time is necessary. (C) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the Contracting Officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30 -day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii)(B) or (C) of this section, shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withholding. The Department of Energy or the Recipient or Subrecipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this Contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the Contract, the Department of Energy, Recipient, or Subrecipient, may, after written notice to the Not Specified/Other 20 031510 Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis - Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii) (A) The Contractor shall submit weekly for each week in which any Contract work is performed a copy of all payrolls to the Department of Energy if the agency is a party to the Contract, but if the agency is not such a party, the Contractor will submit the payrolls to the Recipient or Subrecipient (as applicable), applicant, sponsor, or owner, as the case may be, for transmission to the Department of Energy. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead, the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Department of Energy if the agency is a party to the Contract, but if the agency is not such a party, the Contractor will submit them to the Recipient or Subrecipient (as applicable), applicant, sponsor, or owner, as the case may be, for transmission to the Department of Energy, the Contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the Recipient or Subrecipient (as applicable), applicant, sponsor, or owner). (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Contract during the payroll period has been paid the full weekly wages earned, without rebate, Not Specified/Other 21 031510 either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 3729 of title 31 of the United States Code. (iii) The Contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Department of Energy or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees— (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a Contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. Not Specified/Other 22 031510 (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this Contract. (6) Contracts and Subcontracts. The Recipient, Subrecipient, the Recipient's, and Subrecipient's contractors and subcontractor shall insert in any Contracts the clauses contained herein in(a)(1) through (10) and such other clauses as the Department of Energy may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Recipient shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of the paragraphs in this clause. (7) Contract termination: debarment. A breach of the Contract clauses in 29 CFR 5.5 may be grounds for termination of the Contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this Contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved m accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Recipient, Subrecipient, the Contractor (or any of its subcontractors), and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this Contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). Not Specified/Other 23 031510 (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. (b) Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The Department of Energy or the Recipient or Subrecipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4)Contracts and Subcontracts. The Recipient, Subrecipient, and Recipient's and Subrecipient's contractor or subcontractor shall insert in any Contracts, the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Recipient shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section. The Contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the Contract for all laborers and mechanics, including guards and watchmen, working on the Contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. The records to be maintained under this paragraph shall be made available by the Contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Energy and the Department of Labor, and the Contractor or subcontractor will permit such representatives to interview employees during working hours on the job. 31. HISTORIC PRESERVATION (Revised 3/17/10) Prior to the expenditure of Project funds to alter any historic structure or site, the Recipient or subrecipient shall ensure that it is compliant with Section 106 of the National Historic Preservation Act (NHPA), consistent with DOE's 2009 letter of delegation of authority regarding the NHPA. Section 106 applies to historic properties that are listed in or eligible for listing in the National Register of Historic Places. If applicable, the Recipient or subrecipient must contact the State Historic Preservation Officer (SHPO), and the Tribal Historic Preservation Officer (THPO) to coordinate the Section 106 review outlined in 36 CFR Part 800. In the event that a State, State SHPO and DOE enter into a Programmatic Agreement, the terms of that Programmatic Agreement shall apply to all recipient and subrecipient activities within that State. SHPO contact information is available at the following link: http://www.ncshpo.org/find/index.htm. Not Specified/Other 24 031510 THPO contact information is available at the following link: http://www.nathpo.org/map.html . Section 110(k) of the NHPA applies to DOE funded activities. The Recipient or subrecipient certifies that it will retain sufficient documentation to demonstrate that the Recipient or subrecipient has received required approval(s) from the SHPO or THPO for the Project. Recipients or subrecipients shall avoid taking any action that results in an adverse effect to historic properties pending compliance with Section 106. The Recipient or subrecipient shall deem compliance with Section 106 of the NHPA complete only after it has received this documentation. The Recipient or sub -recipient shall upon receipt forward a digital copy of all documentation to DOE relating to NHPA compliance. Recipient will be required to report annually on September 1 the disposition of all historic preservation consultations by category. Not Specified/Other 25 031510 ATTACHMENT 1— INTELLECTUAL PROPERTY PROVISIONS Intellectual Property Provisions (NRD-1003) Nonresearch 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 intellectual property requirements at 10 CFR 600.136(a) and (c). 600.136 Intangible property. (a) Recipients may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under an award. DOE reserves a royalty -free, nonexclusive and irrevocable right to reproduce, publish or otherwise use the work for Federal purposes, and to authorize others to do so. (c) DOE has the right to: (1) Obtain, reproduce, publish or otherwise use the data first produced under an award; and (2) Authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. (d) In addition, in response to a Freedom of Information act (FOIA) request for research data relating to published research findings produced under an award that were used by the Federal Government in developing an agency action that has 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 data solely in response to a FOIA request, the agency may charge the requester a reasonable fee equaling the full incremental cost of obtaining the research data. This fee should reflect the costs incurred by the agency, the recipient, and applicable subrecipients. This fee is in addition to any fees the agency may assess under the FOIA (5 U.S.C. 552(a)(4)(A)). Not Specified/Other 26