HomeMy WebLinkAboutPR 15750: AMERAGLASS CONRACT FOR CITY HALL WINDOW UPGRADESPUBLIC WORKS DEPARTMENT
COUNCIL ACTION MEMO
TO
FROM
SUBJECT
DATE
Stephen B. Fitzgibbons, City Manager
Ross E. Blackketter, P.E., Director of Public Works
P.R. #15750 -Approve Contract with AmeraGlass for City Hall Window
Upgrades
February 15, 2010
RECOMMENDATION:
I recommend that the City Council approve Proposed Resolution No. 15750, approving a
contract with AmeraProducts, Inc. dba Ameraglass Co. for City Hall and Annex Window
Glass Upgrades in a total amount of $426,346.
BACKGROUND:
The City of Port Arthur has been allocated a $541,300 Energy Efficiency and
Conservation Block Grant. In addition to this grant, the City is receiving a Supplemental
Environmental Project grant in the amount of $900,000. For the first phase of the
project, the City advertised for bids for City Hall and Annex Window Glass Upgrades.
We received three (3) bids, with the bid from AmeraGlass determined to be the lowest
and most responsive.
BUDGETARY/FISCAL EFFECT:
Funding is available in ENG001, 135-1209-531.82-00.
EMPLOYEE/STAFF EFFECT:
None.
SUMMARY
I recommend that the City Council approve Proposed Resolution No. 15750, approving a
contract with AmeraProducts, Inc. dba Ameraglass Co. for City Hall and Annex Window
Glass Upgrades in a total amount of $426,346.
r~...,~. ,_ '.~-
Ross E. Blackketter, P.E.
Director of Public Works
REB/reb
Z:\engineer\documents\CAMS\AmeraGlass CH Cont.doa
P.R. No. 15750
02/16/10 reb
RESOLUTION NO.
A'RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT
BETWEEN THE CITY OF .PORT ARTHUR AND AMERAPRODUCTS,
INC. DBA AMERAGLASS CO. OF BEAUMONT, TEXAS FOR THE CITY
MALL AND ANNEX WINDOW GLASS UPGRADES IN THE AMOUNT
OF $426,346. PROJECT ENG001, 135-1209-.531.82-00.
WHEREAS, the City advertised in the Port Arthur News on 17 January 2010 and
on 24 January 2010 for the City Hatl and Annex Window Glass Upgrades; and,
WHEREAS,. three (3) bids were received and opened on 03 February 2010 for
the above referenced Contract and has been evaluated by Public Works and the design
engineer; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
THAT the City Council of the City of Port Arthur hereby awards the bid for
construction of the City Hall and Annex Window Glass Upgrades to the lowest
responsible bidder to wit: AmeraProducts, Inc. dba Ameraglass Co. of Beaumont,
Texas as shown on 6chibit "A" attached hereto and made a part hereof; .and,
THAT the City Manager of the City of Port Arthur is hereby authorized and
directed to execute on behalf of the City, a Contract between the City of Port Arthur
and AmeraProducts, Inc. dba Ameraglass Co.; and,
THAT the contract is awarded for the amount of $426,346, attached hereto as
Exhibit °B"; and,
THAT, a copy of the caption of this Resolution be spread upon the Minutes of
the City Council.
P.R. No. 15750
Page 2
READ, ADOPTED AND APPROVED this the day of A.D.
2010 at a meeting of the City of Port Arthur, Texas by the following
vote: Ayes: Mayor:.
Councilmembers:
Attest:
City Secretary
APPROVED AS TO FORM:
~C(/t. ~
City Attorney / ~~,~ ~ (A
Mayor
APPROVED AS TO AVAILABILITY OF FUNDS:
~~ ~~~ a
Deborah Echols, CPA
Director of Finance
P.R. No. 15750
Page 3
APPROVED FOR ADMINISTRATION:
Stephen B. Fitrgibbons
City Manager
~~t,.~~-
Ross E. Blackketter, P.E.
Director of Public Works
Shawna Tubbs
Purchasing Manager
Z:\engineer\documents\Resolutions\PR15750.doc
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NECHES ENGINEERS
February 9, 2010
Mr. Ross E. Blackketter, P. E.
City of Port Arthur
P. O. Box 1089
Port Arthur, Texas 77641
Re: City Hall & Annex
Window Glass Upgrades
Neches Engineers Project #09400
Deaz Mr. Blackketter:
Attached is a copy of the Bid Tabulation and bid forms for the above referenced project. Six
companies attended the pre-bid conference and three bids were received.
After review of all proposals, Neches Engineers recommends that the project be awazded to
AmeraProducts, Inc. dba AmeraGlass Co. in the amount of Four Hundred Twenty Six Thousand
Three Hundred Forty Six Dollazs ($426,346.00).
Please contact our office if we maybe of further assistance.
Very truly yours,
Neches Engineers
hn I. Shackel Jr , P. ,
8865 College SC Suite 200
BEAUMONT, TEXAS 77707
409-860-7168
BID TABULATION
FOR
CITY OF PORT ARTHUR
CITY HALL & ANNEX
WINDOW GLASS UPGRADES
February 3, 2010 3:00 PM
Neches Engineers Project No. 09400
CONTRACTOR BID
BOND ACK.
ADD. BASE BID CAL.
DAYS
AMERAPRODUCTS, INC.
DBA AMERAGLASS X X $426,346.00 282
N & T CONSTRUCTION X X $537,000.00 60
PELLA WINDOWS & DOORS X X $542,135.00 30
81~8YNX3
~~ ^ BID PROPOSAL FORM
I
CITY OF PORT ARTHUR
Ciry Hall and Annex Window Glass Upgrades
I .....
(Write price of each item in words and in numbers.) ;
A. BASE BID:
City Hall ........" ...:............ .......:....... ............$ 371, 066.00
Annex ................:........................" ~ .....$ 55, 280.00
TOTAL BASE PRICE ............:.............. ..... $ 426; 346.00
B. ~ CALENDAR DAYS REQUIRED TO COMPLETE THE WORK (BASEBID). 236 days.
Daps are based on contract to final billing.
Add days for Annex-Breakdown Annex 46
days
Total "282~ da sysy
C. Bidders shall aclmowledge receipt of the following addenda:
One (1) i
NAME OF COMPANY AmeraProducts, Inc dba AmeraGlass Co.
ADDRESS 6808 S. Major Dr., Beaumont, TX 77705
PHONE 409-842-2267
REPRESENTATIVE Keith Barnett -President
(Name and Title)
~
~~ Nechcs Engineers ~ .
Port Arthur Ciry Hell and Annex Window Glass Upgrades ~ .
ProjcG #09400
ADVERTISEMENT FOR BID
TO WHOM IT MAY COI`TCERN:
City of Port Arthur request sealed bids for the following item until the time and date shown:
OWNER: CITY OF PORT ARTHUR
P.O. Box 1089
Port Arthur, Texas 77641-1089
PROJECT Port Arthur City Hall and Annex Window Glass Upgrades
SCOPE:
Demo existing 3/8 single pane glass and replace with double pane low E, high impact glass in the City
Hall and Annex per the specifications. Note -This is phase one of Port Arthur City Hall and Annex
energy improvements.
ENGINEER: Neches Engineers
8865 College Street Suite 200
Beaumont, Texas 77707
MANDATORY PRE-BID
CONFERENCE: 10:00 a.m. January 28, 2010 444- 4`~ Street, Port Arthur, Texas 77640.
BID DATE & TIME: 3:00 p.m. February 3, 2010
at which time they will be opened and read in the Office of the City Secretary at 444- 4~' Street, Port Arthur,
Texas 77640.
Plans can be obtained from the Director of Public Works at 444- 40' Street, Port Arthur, Texas or from the
Engineers Office located at 8865 College St. Suite 200, Beaumont, Texas. Mark envelope containing bid: "Bid
on Port Arthur City hall and Annex Window Glass Upgrades" A One Hundred Dollar ($100.00) refundable
deposit will be required for each set of drawings. The City Council of the City of Port Arthur reserves the
right to reject any or all bids and to waive any formalities or irregularities and to make the award of the contract
in the best interest of the City.
Neches Engineers
Port Arthur City Hall and Annex Window Glass Upgrades
Project k09400
Page 1
INSTRUCTION TO BIDDERS
1. RECEIPT AND OPENING OF BIDS
The City of Port Arthur, Port Arthur, Texas, (herein called the "OWNER") may consider
informal any bid not prepared and submitted in accordance with the provisions hereof and may
waive any informalities. The OWNER reserves the right to reject any and all bids, and does not
bind himself to accept the lowest bid or, any proposal for his work or any part thereof.
CONTRACTOR shall furnish proof that he has been in the general construction business for a
period of five (5) yeazs under the same company or operational name. CONTRACTOR shall
submit a list of recent clients.
Any bid may be withdrawn prior to the above scheduled time for the opening of bids or
authorized postponement thereof. Any bid received after the time and date specified for opening
of bids shall not be considered. No bidder may withdraw a bid within 30 days after the actual
date of the bid opening thereof.
2. PREPARATION OF BID
Each bid must be submitted on the prescribed cost proposal form. All blank spaces for bid prices
must be filled in, in ink or typewritten, in both word and figures. Each bid must be submitted in a
sealed envelope bearing on the outside the name of the bidder, his address and the name of the
project for which the bid is submitted. If forwazded by mail, the sealed envelope containing the
bid must be enclosed in another envelope addressed as specified in the bid form.
.Each bid shall be based on the materials and manufacturers specified. Bidders may submit
proposed substitutions for any specified, together with a price to be added to or deducted from
the proposal in the event that the proposed substitution is accepted. All acceptances of
substitutions will be before the awarding of the contract.
3.. QUALIFICATION OF BIDDER
The OWNER may make such investigations as he deems necessary to determine the ability of
the bidder to perform the work, and the bidder shall furnish to the OWNER all such information
and data for this purpose as the OWNER may request. The OWNER reserves the right to reject
any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the OWNER
that such bidder is properly qualified to carry out the obligations of the contract and to complete
the work contemplated therein.
4. BID SECURITY
Each bid must be accompanied by a cashier's check (on a solvent bank in the State of Texas),
drawn to the Order of the City of Port Arthur or a bid bond in the sum of not less than five (5)
percent of the total amount of the proposal price. No other forms of security will be accepted.
Such checks or bid bonds will be returned to all except the three (3) lowest bidders within three
days after the opening of bids, and the remaining checks, or bid bonds will be returned promptly
after the OWNER and the accepted bidder have executed the contract, or, if no awazd has been
made within 30 days after the date of the opening of bids, upon demand of the bidder at any time
thereafter, so long as he has not been notified of the acceptance of his bid or agreed to an
extension to the thirty (30) days.
Neches Engineers
Port Arthur City Hall and Annex Window Glass Upgrades
Project #09400
Page 2
5. LIQUIDATED DAMAGES FOR FAILURE TO ENTER INTO CONTRACT
The successful bidder, upon his failure or refusal to execute and deliver the contract and bonds
required within 10 days after he has received notice of the acceptance of his bid, shall-forfeit to
the OWNER, as liquidated damages for such failure or refusal, the security deposited with this
bid.
6. TIME OF COMPLETION AND LIQUIDATED DAMAGES
Bidder must agree to commence work on or before a date to 6e specified in a written "Notice to
Proceed" of the OWNER, and to fully complete the project within the time as specified in the
contract. Bidder must agree also to pay as liquidated damages, the sum as hereinafter provided in
the General Conditions.
7. CONDITIONS OF WORK
Each bidder must inform him-self fully of the conditions relating to the construction of the
project and the employment of labor thereon. Failure to do so will not relieve a successful bidder
of his obligation to famish all material and labor necessary to carry out the provisions of his
contract. Insofar as possible the CONTRACTOR, in carrying out his work, must employ such
methods of means as will not cause any interruption of or interference with the work of any other
CONTRACTOR.
8. ADDENDA AND INTERPRETATIONS
No interpretation of the meaning of the plans, specifications or other pre-proposal documents
will be made to any bidder orally.
Every request for such interpretation should be in writing addressed fo the ENGINEER, and to be
given consideration, must be received at least 72 hours to the date fixed for the opening of
proposals. Any and all such interpretations and any supplemental instructions will be in the form
of written addenda to the specifications which, if issued, will be mailed by certified mail with
return receipt requested to all prospective bidder (at the respective addresses furnished for such
purposes), not later than three days prior to the date fixed for the opening of bid. Failure of any
bidder to receive any such addendum or interpretation. shall not relieve such bidder from any
obligation under his bond as submitted. All addenda so issued become part of the contract
documents.
9. SECURITY FOR FAITHFUL PERFORMANCE
Simultaneously with his delivery of the executed contract, the Contractor shall furnish a surety
bond or bonds as security for faithful payment and performance of this contract, as specified. in
the General Conditions included herein. The surety on such bond or bonds shall be a duly
authorized surety company satisfactory to the OWNER.
10. POWER OF ATTORNEY
Attorneys-in-fact who sign bid. bonds or contract bonds must file with each bond a certified and
effectively dated copy of their power of attorney.
Neches Engineers
Port Arthur City Hall and Annex Window Glass Upgrades
Project#09400
Page 3
11. LAWS AND REGULATIONS
The bidder's attention is directed to the fact that all applicable State laws, municipal ordinances,
and the rules and regulations of all authorities having jurisdiction over construction of the project
shall apply to the contract throughout, and they will be deemed to be included in the contract the
same as though herein written out in full.
12. OBLIGATION OF BIDDER
At the time of the opening of bids, each bidder will have inspected the site and presumed to have
read and to be thoroughly familiar with the plans and contract documents (including all
addenda). The failure or omission of any bidder to examine any form, instrument, or document
shall in no way relieve any bidder from any obligation in respect of his bid.
13. SALES TAX EXEMPTION
The bidders shall not include in their proposals any costs for Sales Tax pursuant to the Limited
Sales,.Excise and Use Tax Law of the State of Texas.. The OWNER, with exempt status, will
supply a Tax Exempfion Certificate for the work covered by the Contract.
14. INTENT OF SPECIFICATIONS
The intent of these specifications is to establish a standard of quality flexible enough to allow all
qualified bidders to submit proposals. Manufacturer's names and model numbers aze indicated
for the purpose of establishing an acceptable standazd. Any exceptions to the specifications must
be completely and accurately described by the bidder on an attachment to the proposal.
15. SCHEDULE OF WORK
The bidder will indicate with his proposal that he is prepazed to start work within 10 days of
issuance of a contract. It is the intent to issue a contract within 30 days of proposal opening.
Bidder will submit a schedule with his proposal indicating calendar days to complete the scope-
of-work and allowing for normal weather conditions during the time of construction.
16. PRE-BID CONFERENCE AND SITE INSPECTION
The pre-bid conference and site inspection will be held on January 28, 2010 @ 10:00
AM. that day at Port Arthur City hall, 444- 4a' Street, Port Arthur, Texas. All bidders
must attend the conference and site inspection in order to qualify to bid. The pre-bid
conference is required. If a bidder does not attend, his bid will not be considered.
For question concerning the conference, contact John L Shackelford Jr., P. E. or Gary Benedict
telephone (409) 860-7168.
Neches Engineers
Port Arthur City Hall and Annex Window Glass Upgrades
Project X109400.
Page 4
BID PROPOSAL FORM
CITY OF PORT ARTHUR
City Hall and Annex Window Glass Upgrades
(Write price of each item in words and in numbers.)
A. BASE BID:
City Hall ................................................................................$
Annex ....................................................................................$
TOTAL BASE PRICE .................................................. $
B. CALENDAR DAYS REQUIRED TO COMPLETE THE WORK (BASE BID). days.
C. Bidders shall acknowledge receipt of the following addenda:
NAME OF COMPANY
ADDRESS
PHONE
REPRESENTATIVE
(Name and Title)
Neches Engineers
Port Arthur City Hall and Annex Window Glass Upgrades
Project #09400
Page 5
CONTRACT
THIS AGREEMENT, made this 23`d day of February , 2010 between the City of Port Arthur; Port
Arthur, Texas herein called the "Owner", and .AmeraProducts, Inc. dba AmeraGlass Co. acting herein through
its Chairman, Of Beaumont County of Jefferson ,and State of Texas ,hereinafter called
"Contractor". WITNESSETH: That for and in consideration of the payments and agreements hereinafter
mentioned, to be made and performed by the OWNER, the Contractor hereby agrees with the OWNER to
commence and complete the construction described as follows:
CITX OF PORT ARTHUR
City Hall and Annex Window Glass Upgrades
hereinafter called the "Project", for the sum of Four hundred twenty-six thousand three hundred forty-six
dollazs and zero cents ($426,3461 and all extra work in connection therewith, under the terms as stated in
the General and Special Conditions of the Contract; and at his (its or their) own proper cost and expense,
to furnish all the materials, supplies, machinery, equipment, tools, superintendents, labor, insurance, and
other accessories and services necessary to complete the said project in accordance with the conditions
and prices stated in the Proposal, the General Conditions, and Special Conditions of the Contract, the
Plans; which include all maps, plans, prints, and other drawings and printed or written explanatory matter
thereof, and the Specifications and Contract Documents therefore as prepared by Neches Engineers and as
enumerated in the General Conditions, all of which aze made a part hereof and collectively evidence and
constitute the contract. The Contractors hereby agree to commence work under this contract on or before a
date to be specified in a written 'Notice to Proceed" by the OWNER and to fully complete the project
within 282 consecutive calendaz days thereafter. The Contractor further agrees to pay, as liquidated
damages, the sum of $ 140 for each consecutive calendaz day thereafter as hereinafter provided in the
General Conditions of the contract. The OWNER agrees to pay the Contractor in current funds for the
performance of the contract; subject to additions and deductions, as provided in the General Conditions of
the Contract.
Neches Engineers
Port Arthur CiTy Hall and Annex Window Glass Upgrades
Project #09400
Page 6
IN WITNESS WHEREOF, the parts to these presence have executed this contract three (3) counterparts,
each of which shall be deemed in original, in the year and day first above mentioned.
CITY OF PORT ARTHUR
(Owner)
(SEAL)
ATTEST
BY
(Secretary)
(Contractor)
BY
(Title)
(Address)
NOTE: If Contractor is a corporation, Secretary should attest:
Neches Engineers
Port Arthur City Hall and Annex Window Glass Upgrades
Project #09400
Page 7
"STATE OF TEXAS
COUNTY OF
Before me, the undersigned authority, personally appeared that affiant and after having been
duly sworn, did depose and state that:
My name is
andIam
(State position held in the firm)
in the firm of
(State fum name and address)
and I have the authority to execute contracts in behalf of the aforesaid firm, and have the
authority to execute this contract pursuant to its terms and conditions.
(Signature)
Subscribed and sworn to before me this day of
19
Notary Public in and for
County, Texas"
Neches Engineers
Port Arthur City Hall and Annex Window Glass Upgrndes
Project#09400
Page 8
CHANGE ORDER:
Distribution to: OWNER [ ] ENGINEER [ ] CONTRACTOR [ ] FIELD [ ] OTHER [ ]
PROJECT: CHANGE ORDER NUMBER:
(Name, Address) INITIATION DATE:
TO: (Contractor) ENGINEER'S PROJECT NO:
CONTRACT FOR:
CONTRACT DATE:
You aze directed to make the following changes in this Contract:
Not valid until signed by both the Owner and Engineer. Signature of the Contractor indicates his
agreement herewith including any adjustments on the Contract Sum or Contract Time.
The original Contract Sum .........................................................
Net. change by previously authorized Change Orders ................
The Contract Sum prior to this Change Order was ....................
The Contract Sum will be (increased)(decreased)
by this Change Order ...............................................................
The new Contract Sum including this Change Order will be ....
The Contract Time will be (changes)(unchanged) by ................
The Date of Substantial Completion as of the date of this
Change Order therefore is ........................................................
Authorized:
NECHES ENGINEERS
ENGINEER
8865 College
Beaumont, Tx 77713
ADDRESS
BY _
DATE
CONTRACTOR
ADDRESS
BY _
DATE
CITY OF PORT ARTHUR
OWNER
P.O. Box 1089
Port Arthur, Tx.77641
ADDRESS
BY _
DATE
Neches Engineers
Por[ Arthur CiTy Hall and Annex Window Glass Upgrades
Project #09400
Page 9
GENERAL CONDITIONS
Contract Documents
The Contract Documents consist of the Agreement, the Conditions of the Contract (General,
Supplementary, and other Conditions), the Drawing, the Specifications, all Addenda issued prior
to execution of the Contract, Contractor's Qualification Statement and all Modifications thereto.
2. Engineer
The term. Engineer refers to Neches Engineers acting individually or through any of their
associates or representatives duly authorized to act for them.
3. Owner
The Owner is the City of Port Arthur, Port Arthur, Texas.
4. Contractor
The Contractor is the person or entity identified as such in the Owner-Contractor Agreement and is
referred to throughout the contract documents as if singulaz in number and masculine in gender.
The term Contractor means the contractor or his authorized representative.
Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the
building permit and for all other permits and governmental fees, licenses and inspections necessary
for the proper execution and completion of the works which aze customarily secured after
execution of the Contract and which aze legally required at the time the proposals are received.
The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations, and
lawful orders of any public authority bearing on the performance of the work.
It is not the responsibility of the Contractor to make certain that the Contract Documents aze in
accordance with applicable laws, statutes, building codes and regulations. If the Contractor
observes that any of the Contract Documents are at variance therewith in any respect, he shall
promptly notify the Engineer in writing, and any necessary changes shall be accomplished by
appropriate modification.
If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and
regulations, and without such notice to the Engineer; he shall assume full responsibility therefore
and shall bear all costs attributable thereto.
Contractor shall maintain a clean site and building rubbish shall be removed daily. No excessive
rubbish accumulation will be allowed. Clean site of construction debris at completion of project.
Dispose of debris off the Owner's property.
4. Contractor (Continued)
Neches Engineers
Port Arthur City Hall and Annex Window Glass Upgades
Project #09400
Page 10
NO FIRES FOR DISPOSAL OF ANYTHING ARE ALLOWED AT ANY TIME. NO OPEN
FIRES FOR HEATING PURPOSE WILL BE ALLOWED.
At completion of construction, all construction azeas shall be cleaned to the extent that the Owner
can occupy for its intended use without additional cleaning.
Before ordering any materials or doing any work, Contractor shall verify all measurements of the
work and shall be responsible for the correctness of same. No extra chazge or compensation will
be allowed on account of difference between actual dimensions and the measurements indicated
on the drawings. If there should be any discrepancy between scale and dimensions, figured
dimensions shall override scale dimensions. Although plans are drawn to scale, as indicated, and
dimensions are given, in the case of remodeling or re-construction work, or in fitting work to
existing conditions, the Contractor shall work to measurements of existing construction, and field
dimensions shall be taken as necessary.
Miscellaneous Provisions
The Engineer is to observe the performance of all work, therefore, the Contractor will be required
to notify the Engineer of each day he intends to work.
6. Time
The term day as used in the Contract Documents shall mean calendaz day unless otherwise
specifically designated.
All time limits stated in the Contract Documents are of the essence of the Contract.
If the Contractor is delayed at any time in the progress of work by any act or neglect of the Owner
or the Engineer or by any employee of either, or by any sepazate contractor employed by the
Owner, or by changes ordered in the work, or by labor disputes, fire, unusual delay in
transportation, adverse weather conditions not reasonably anticipated, unavoidable casualties, or
any causes beyond the Contractor's control, or by delay authorized by the Owner pending
azbitration, or by any other cause which the Engineer determines may justify the delay, then the
Contract Time shall be extended by Change Order for such reasonable time as the Engineer may
determine.
Any claim for extension of time shall be made in writing to the Engineer not more than ten (10)
days after the commencement of the delay; otherwise, it shall be waived. In the case of a
continuing delay only one claim is necessary. The Contractor shall provide an estimate of the
probable effect of such delay on the progress of the work.
Neches Engineers
Port Arthur City Hall and Annex Window Glass Upgrades
Project #09400
Page 11
Payments and Completion
The Contract Sum is stated in the Owner-Contractor Agreement and including authorized
adjustments thereto, is the total amount payable by the Owner to the Contractor for the
performance of the work under the Contract Documents.
One lump sum payment shall be made to the Contractor upon completion of the work and
acceptance of it by the Owner. Monthly progress payments maybe arranged through the Engineer.
All applications and final payment shall be made through the Engineer.
The making of final payment shall constitute a waiver of all claims by the Owner except those
arising from:
a. Unsettled liens,
b. faulty or defective work appeazing within two yeazs after fmal payment,
c. failure of the work to comply with the requirements of the Contract Documents, or
d. terms of any special warranties required by the Contract Documents.
The acceptance of final payments shall constitute a waiver of all claims by the Contractor except
those previously made in writing and identified by the Contractor as unsettled at the time of the
final Application for Payment.
The following shall be submitted with Contractor's Final Invoice:
1. Consent of Security Company to Final Payment
2. Contractor's Affidavit of Release of Liens
3. Labor and Material Warranties
8. Protection of Persons and Property
The Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the work.
The Contractor shall take all reasonable precautions for the safety of, and shall provide all
reasonable protection to prevent damage, injury or loss to:
a. all employees on the work and all other persons who maybe affected thereby,
b. all the work and all materials and equipment to be incorporated therein, whether in storage
on or off the site, under the caze, custody or control of the Contractor or any. of his
Subcontractors.
Neches Engineers
Port Arthur City Hall and Annex Window Glass Upgrades
Project #09400
Page 12
8. Protection of Persons and Property (Continued)
c. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements,
roadways, structures and utilities not designated for removal, relocation or replacement in the
course of construction.
The Contractor shall give all notices and comply with all applicable laws, ordinances, rules,
regulations and lawful orders of any public authority bearing on the safety of persons or property
or their protection from damage, injury or loss.
The Contractor shall erect and maintain, as required by existing conditions and progress of the
work, all reasonable safeguards for safety and protection, including posting danger signs and other
warnings against hazazds, promulgating safety regulafions and notifying owners and users of
adjacent utilities.
The Contractor shall promptly remedy all damage or loss to any property referred to in Clauses 8.b
and 8.c caused in whole or in part by the Contractor.
9. Insurance
Insurance Required -The Contractor shall provide the following insurance certificate in the
amounts shown and under the conditions noted before any authorization will be given to
commence delivery or installation:
General
a. No work will be commenced untIl all requirements of this section have been approved by
the City in writing. The City will be furnished a certificate of insurance acceptable, prior
to the commencement of any work.
b. The insurance shall contain a provision that at least sixty (60) days prior written notice
shall be given to the City in the event of cancellation, material change or non-renewal.
c. Insurance shall be underwritten by a company rated not less than B+VII in the Best's
latest published guide.
d. The Contractor shall purchase and maintain in force the following kinds of insurance and
bonds for operations under construction contracts and as specified in each section.
The City shall be informed of the Contractor's deductible.
Casualty Insurance
a. Worker's Compensation as statutory provisions require.
Policy must be endorsed to include WAIVER OF SUBROGATION IN FAVOR OF
CITY OF PORT ARTFIUR its officers, agents, & employees.
Neches Engineers
Port Arthur City Hall and Annex Window Glass Upgrades
Project #09400
Page 13
9. Insurance (Continued)
b.. Commercial General Insurance (Occurrence basis only)
REQUIRED LIMITS
Bodily Injury and Property Damage Each Occurrence 2,000,000
General Aggregate 2,000,000
Products/Completed
Operations Aggregate 2,000,000
Personal and Advertising
Injury Occurrence 1,000,000
Fire Damage, Legal
.Liability Any One Fire 100,000
Medical expenses any one Person
1. Policy must be endorsed to include WAIVER OF SUBROGATION IN FAVOR
CITY OF PORT ARTHUR its officers, agents, & employees.
2. Policy must be endorsed to include ADDITIONAL INSURED IN FAVOR OF
CITY OF PORT ARTHUR, its officers, agents, & employees.
a. Business (Commercial) Automobile Liability Insurance coverage for all owned,
non-owned and hited vehicles:
Combined single limit of $500,000.00 Required.
1. Policy must be endorsed to include WAIVER OF SUBROGATION IN FAVOR
CITY OF PORT ARTHUR.
2. Policy must be endorsed to include ADDITIONAL INSURED IN FAVOR OF
CITY OF PORT ARTHUR.
10. Changes in the Work
A Change Order is a written order to the Contractor signed by the Owner and the Engineer,
issued after execution of the Contract, authorizing a change in the work or an adjustment in the
Contract Sum orthe Contract Time. The Contract Sum and the Contract Time maybe changed
only by Change Order. A Change Order must be signed by the Contractor indicating his
agreement therewith, including the adjustment in the Contract Sum or the Contract Time.
' Neches Engineers
Port Arthur City Hall and Annex Window Glass Upgrades
Project #09400
Page 14
10. Changes in the Work (Continued)
The Owner, without invalidating the Contract, may order changes in the work within the general
scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum, and
the Contract Time being adjusted accordingly. All such changes in the work shall be authorized
by Change Order, and shall be performed under the applicable conditions of the Contract
Documents.
The cost or credit to the Owner resulting from a change in the work shall be determined in one or
more of the following ways:
a. by mutual acceptance of a lump sum properly itemized and supported by sufficient
substantiating data to permit evaluation;
b. by unit prices stated in the Contract Documents or subsequently agreed upon;
c. by cost to be determined in a manner agreed upon by the parties and a mutually acceptable
fixed or percentage fee.
If the Contractor wishes to make a claim for an increase in the Contract Sum, he shall give the
Engineer written notice immediately after the occurrence of the event, giving rise to such claim.
This notice shall be given by the Contractor.
The Engineer will have authority to order minor changes in the work not involving an adjustment
in the Contract Sum or an extension of the Contract Time and not inconsistent with the intent of
the Contract Documents. Such changes shall be effected by written order, and shall be binding
on the Owner and the Contractor. The Contractor shall carry out such written orders promptly.
11. Uncoverine and Correction of Work
If any portion of the work should be covered contrary to the request of the Engineer or. to
requirements specifically expressed in the Contract Documents, it must, if required in writing by
the Engineer, be uncovered for his observation and shall be replaced at the Contractor's expense.
If any other portion of the work has been covered which the Engineer has not specifically
requested to observe prior to being covered, the Engineer may request to see such work and it
shall be uncovered by the Contractor. If such work be found not in accordance with the Contract
Documents, the Contractor shall pay such costs unless it be found that this condition was caused
by the Owner or a sepazate contractor, in which event the Owner shall be responsible for the
payment of such costs.
The Contractor shall promptly correct all work rejected by the Engineer as defective or as failing
to conform to the Contract Documents whether observed before or after completion and whether
or not installed or completed. The Contractor shall beaz all costs of correcting such rejected
work, including compensation for the Engineer's additional services made necessary thereby.
Neches Engineers
Port Arthur City Hall and Annex Window Glass Upgrades
Project #09400
Page 15
11. Uncovering and Correction of Work (Continued)
If, within two yeazs after the Date of Completion of the work, any of the work is found to be
defective or not in accordance with the Contract Documents, the Contractor shall correct it
promptly after receipt of a written notice from the Owner to do so unless the Ownerhas
previously given the Contractor a written acceptance of such condition. This obligation shall
survive termination of the Contract. The Owner shall give such notice promptly after discovery
of the condition.
The Contractor shall remove from the site all portions of the work which are defective or non-
conforming unless removal is waived by the Owner.
If the Owner prefers to accept defective or non-conforming work, he may do so instead of
requiring its removal and correction: in which case, a Change Order will be issued to reflect a
reduction in the Contract Sum where appropriate and equitable. Such adjustment shall be
effected whether or not final payment has been made.
12. Termination of the Contract
If the work is stopped for a period of thirty (30) days under an order of any court or other public
authority having jurisdiction, or as a result of an act of government, such as a declazation of a
national emergency making materials unavailable, through no act or fault of the Contractor or a
Subcontractor or their agents or employees or any other persons performing any of the work
under a contract with the Contractor, then the Contractor may, upon seven additional days'
written notice to the Owner and the Engineer, terminate the Contract and recover from the
Owner payment for all work executed and for any proven loss sustained upon any materials,
equipment, tools, construction equipment and machinery, including reasonable profit and
damages.
If the Contractor is adjudged a bankrupt, or if he makes a general assignment for the benefit of
his creditors, or if a receiver is appointed on account of his insolvency or if he persistently or
repeatedly refuses or fails, except in cases for which extension of time is provided, to supply
enough properly skilled workmen or proper materials, or if materials or labor, or persistently
disregards laws, ordinances, rules, regulations or offers of any public authority having
jurisdicton, or otherwise is guilty or a substantial violation of a provision of the Contract
Documents, then the cause exists to justify such action, may, without prejudice to any right or
remedy and after giving the Contractor and his surety, if any, seven days written notice,
terminate the employment of the Contractor and take possession of the site and of all materials,
equipment, tools, construction equipment and machinery thereon owned by the Contractor and
may fmish the work by whatever method he may deem expedient. In such case, the Contractor
shall not be entitled to receive any payment until the work is finished.
If the unpaid balance of the Contract Sum exceeds the cost of finishing the work, including
compensation for the Engineer, additional services made necessary thereby, such excess shall be
paid to the Contractor. If such costs exceed the unpaid balance, the Contractor shall pay the
difference to the Owner. The amount to be paid to the Contractor or to the Owner, as the case
maybe, shall be certified by the Engineer, upon application, and this obligation for payment
shall survive the ternnation of the Contract.
Neches Engineers
Port Arthur City Hall and Annex Window Glass Upgrades
Project #09400
Page 16
13.
Contract Comuletion Time
Failure to complete the work on time: The test set forth in the Contract for the completion of the
work is an essential element of the Contract. A breach of contract as to completion time will
cause damage to the Owner; therefore, for each and every calendaz day the work, or any portion
thereof shall remain incomplete after the expiration of the time limit set by the Contract, the
amount per calendar day given in the following schedule, unless otherwise specified in the
Supplementary Conditions, will be deducted from the money due or to become due to the
Contractor, not as a penalty, but as agreed liquidated damages and added expense including
administrative and inspection cost.
Contract Amount
From More Than
-0-
$ 25,000.00
$ 50,000.00
$ 100,000.00
$ 500,000.00
14.
Subcontractors
Contract Amount
To and Including
$ 25,000.00
$ 50,000.00
$ 100,000.00
$ 500,000.00
$1,000,000.00
Calendar Dav
$ 42.00
$ 70.00
$ 105.00
$ 140.00
$ 210.00
The Contractors shall not substantially subcontract the work. The Contractor will indicate with
his proposals any subcontractors to be used. All subsequent subcontractors must be submitted to
the Owner for approval. Final payment will not be made until releases are obtained from all
subcontractors indicating they have been paid.
15. Performance and Pavment Bonds: If the contract exceeds Fifty Thousand Dollazs ($50,000.00) a
payment bond is required. If the contract exceeds One Hundred Thousand Dollars ($100,000.00) a
performance bond is required. Payment and Performance Bonds shall be famished in the amount of one
hundred percent (100%) of the contract price with corporate surety duly authorized to do business in the
State of Texas. Attorneys-in-fact who sign Bonds must file with each bond a certified and effective date
copy of their Power of Attorney.
15.1 Performance Bond in the amount of the total Contract Price conditioned upon the faithful
performance of the Contract. Said Bond shall be solely for the protection of the Owner.
15.2 Payment Bond in the amount of the total Contract Price, solely for the protection of those
supplying labor and materials in the prosecution of the Contract.
15.3 Each Bond shall be executed by a corporate surety or corporate sureties duly authorized to do
business in the State of Texas, acceptable to the Owner, and on forms approved by the Attorney
General of Texas. If any surety upon any bond furnished in connection with the Contract
becomes insolvent, or otherwise not authorized to do business in this State, the Contractor shall
promptly furnish equivalent security to protect the interests of the Owner and of persons supplying labor
or materials in the prosecution of the work contemplated by the Contract.
Neches Engineers
Port Arthur City Hall and Annex Window Glass Upgrades
Project #09400
Page 17
PREVAILING WAGE SCHEDULE
GENERAL DECISION: TX20080014 10/09/2009 TX 14
Date: October 9, 2009
General Decision Number: TX20080014 10/09/2009
Superseded General Decision Number: TX20070014
State: Texas
Construction Type: Building.
Counfies: Hardin, Jefferson and Orange Counties in Texas.
BUILDING CONSTRUCTION PROJECTS (does not include residential
construction consisting of single family homes and apartments
up to and including 4 stories)
Modification Number Publication Date
0 02/08/2008
1 04/25/2008
2 06/27/2008
3 08/15/2008
4 11/21/2008
5 12/26/2008
6 01/23/2009
7 04/10/2009
g 09/04/2009
9 09/25/2009
10 10/09/2009
* ASBE0022-001 06/01/2009
Insulator/asbestos worker
(includes application of all insulating materials, protective coverings, coatings
and finishing to all types of mechanical systems)....... Rates: $20.63
Fringes: 8.30
m____®__-_e____a__
--~-- --~- --a-- --e----a----®---®- --®---.
BRTXOOOI-009 06/01/2009
BRICKLAYER.......
Rates: $ 23.42 Fringes: 7.95
-_q____g-_ __g__ __g__ _ _®____g____p_- -_B____p_--_. .
q____~____p__
ELEC0479-001 09/01 /2008
ELECTRICIAN (Including pulling or installing low or no voltage cable
through conduit but only to junction box or plate where wire is loosely
attached or coiled for fire alarms, phones, heating, etc.)............
Rates: $ 25.67Fringes: 11.32
Neches Engineers
Port Ar[hur City Hall and Annex Window Glass Upgrades
Project #09400
Page 18
PLUM0068-002 I 0/01 /2008
PLUMBER (Excluding HVAC Pipe Work) Rates: $ 27.04 Fringes:
8.73
-e---a---®----fl----=--
~____o_--_e____A__-_o____s__-_o__
--
S HEE0054-011 07/01 /2009
SHEET METAL WORKER.... Rates: $ 25.74 Fringes:
10.17
-_®____Q__-_q____®_--_®__ -_®____®-_ __p____p____q_- __m____p__
SUTX2000-001 02/ 16/2000
Rates
Carpenters:.
ACOUSTICAL $ 14.00
DRYWALL AND METAL STUDS $ 14.00
FORM BUILDER AND SETTER $ 14.52
ALL OTHER WORK $ 15.68
CEMENT MASON/CONCRETE FINISHER....Rate: $ 13.50
Fire Alarm Installer (Installation Of Fire Alarm Appazatus Only, Excludes
Pulling Or Installing Of Low Or No Voltage Wiring) Rate:
$14.00 Fringe: 1.48
GLAZIER
Insulator, Batt & Blown
1.00
Rate: $ 11.50
Rate: $ 11.21 Fringe:
Laborers:
Brick Tender ...................................
Common/Llnskilled ........................
Plaster Tender ................................
Painters:
Brush ............................................
Drywall Taping and
Finishing .........................................
Roller ..............................................
Spray ...............................................
PIPEFITTER (HVAC Pipe Only) .........
PLASTERER ............................
Power equipment operators:
Backhoe ..........................
ROOFER, Including Built Up,
Rates
$ 8.84
$ 8.39
$ 8.00
$15.00
$15.00
$12.00
$15.00
$ 15.27
$ 15.07
$ 14.28
Neches Engineers
Por[ Arthur City Hall and Annex Window Glass Upgrades
Project #09400
Page 19
Composition and Single Ply
Roofs (Including Metal Roofs) .......... $ 10.50
-_o__-_e____a____~_--_~____a____a____a____ .___ .__ _
WELDERS -Receive rate prescribed for craft performing
operation to which welding is incidental.
--®---e---~----*---~---e----~---®---®----~-- --~---_--
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 standazds contract clauses
(29CFRS.S (a) (1) (ii)).
-_a___~_--_e__-_®__. y_--_®____®_--_t____m_--_g_--_. .
9--__a__
In the listing above, the "su" designation means that rates
listed under the identifier do not reflect collectively
bazgained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
. _p_-._®__._g_. __®__ _ _p___ _®__-_®_.._®__._8_--y_-. _p-_._p..
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
an existing published wage deternnation
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 regazd to any other matter not yet ripe for the formal process
described here, initial contact should be with the Branch of
Neches Engineers
Port Arthur City Hall and Annex Window Glass Upgrades
Project #09400
Page 20
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
( ose 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
~d-muustrator
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 mformation (wage payment
data, project descnption, 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:
Administrative Review Boazd
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Boazd are fmal.
--+----~----~----~----•----~----~----•----e----a----~---~--
END OF GENERAL DECISION
Neches Engineers
Por[ Arthur City Hall and Annex Window Glass Upgrades
Project#09400
Page 21
SPECIAL CONDITIONS
1. Dimensions shown on drawings aze approximate, and it is the Contractor's responsibility to
verify all dimension and area calculations.
2. The Contractor's schedule starts ten (10) calendar days after issuance of contract or fifteen (15)
calendar days after notification of award by the Owner's Engineer whichever comes last.
Penalties for failure to complete the job on time by the Contract will be based on calendaz days
counted from such date.
3. All material shall be dry. All material stored onsite shall be protected- from the weather and
moisture penetration.
4. The grounds will be policed of all trash daily.
5. Two (2) fire extinguishers must be kept neaz any open flame or ground level and/or on roof. Fire
extinguisher shall also be on hand for burning and welding work. The size of fire extinguisher
shall be l O lb. ACB dry chemical extinguisher or approved equivalent. The extinguisher shall be
fully chazged.
6. All work azeas; lay-down azeas and scaffolding azeas must be barricaded for the entire duration
of the job. A 2 inchwide barricade tape securely positioned approximately three (3) feet above
the ground will be satisfactory in most cases.
7. All ladders positioned from ground to the first level must be tied down at the top. These ladders
must be taken down each night and locked up to prevent access to the roof by unauthorized
persons.
8. Only vehicles essential to the job will be permitted in the construction azea. Any ruts caused by
the Contractor's vehicles will be filled and compacted with 60/40 sand clay mix.
9. Profanity will not be tolerated.
10. All personnel involved in the work will be required to be fully clothed with the appropriate dress
at all times; this includes shirts and full length trousers.
11. Sanitary facilities, drinking water containers, and first aide supplies will be furnished by the
Contractor:
12. The rest room facilities shall not be used by the Contr'actor's personnel.
13. All sites are tobacco free zone.
15. Contractor shall be responsible for damaged electrical conduits etc... and plumbing pipes etc... caused by
their neglect.
Neches Engineers
Port Arthur City Hall and Annex Window Glass Upgrades
Project #09400
Page 22
SCOPE-OF-WORK -GENERAL
The Contractor shall famish all necessary labor, materials, and supervision to
repair, replace the existing 3/8" single pane glass and replace all windows with
double pane low E, high impact glass according to the following plans and
specification herein. The attached drawings indicate the plans and details of the
areas to be reworked. The Contractor shall provide a job superintendent who will
remain on the job at all times that work is in progress. The job superintendent
shall be approved by Owner and Engineer.
Total glass in City Hall is about 4;832 squaze feet; 2,832 squaze. feet on the fifth floor alone. All
floors have full glass at the corners. The Annex has approximately 118 squaze feet of glass. If
glass alone is changed to double pane high energy efficient glass the required cooling load will
reduce by about 25% due to lowering heat loss or heat gain through the windows. Contractor
will be responsible for verifying all azea of glass.
The contractor shall submit all calculation and shop drawings stamped by a Registered Engineer
in the State of Texas. All calculation and shop drawings shall meet the latest ASCE requirement
for wind load and the Texas Windstorm requirements.
Replacement windows to meet the minimum National Fenestration Council (NFGC) energy star
performance standards to include: ;
A - U-factor 0.35 or better
B - Solaz heat gain coefficient (SHGC) at 0.32 or better
C -Visible Transmittance (VT) at 0.51 or better
D -Air Leakage (AL) at 0.2 or better
E -Condensation Resistance (CR) at 51 or better.
High impact glass to meet 131 to 155 mph hurricanes
Design pressure (DP) at 40 to meet a level 4 hurricane
Terminology of standards:
U-Factor
U-factor measures how well a product prevents heat from escaping. The rate of heat loss is
indicated in terms of the U-factor (U-value) of a window assembly. U-Factor ratings generally
fall between 0.20 and 1.20. The lower the U-value, the greater a window's resistance to heat flow
and the better its insulating value.
Solar Heat Gain Coefficient
Solaz Heat Gain Coefficient (SHGC) measures how well a product blocks heat caused by
sunlight. The SHGC is the fraction of incident solar radiation admitted through a window (both
directly transmitted and absorbed) and subsequently released inwazd. SHGC is expressed as a
number between 0 and 1. The lower a window's solaz heat gain coefficient, the less solaz heat it
transmits in the house.
Visible Transmittance
Neches Engineers
Port Arthur City Hall and Annex Window Glass Upgrades
Project #09400
Page 23
Visible Transmittance (VT) measures how much light comes through a product. The visible
transmittance is an optical property that indicates the amount of visible light transmitted. VT is
expressed as a number between 0 and 1. The higher the VT, the more light is transmitted.
Air Leakage*
Air Leakage (AL) is indicated by an air leakage rating expressed as the equivalent cubic feet of
air passing through a square foot of window area (cfin/sq ft). Heat loss and gain occur by
infiltration through cracks in the window assembly. The lower the AL, the less air will pass
through cracks in the window assembly.
Condensation Resistance*
Condensation Resistance (CR) measures the ability of a product to resist the formation of
condensation on the interior surface of that product. The higher the CR rating, the better that
product is at resisting condensation formafion. While this rating cannot predict condensation, it
can provide a credible method of comparing the potential of various products for condensation
formation. CR is expressed as a number between 0 and 100.
* This rating is optional and manufacturers can choose not to include it.
A Design Pressure rating of 30 is tested for structural integrity for 10 seconds in both directions
with a wind speed up to 132 MPH. DP 40 is tested up to 155 MPH. DP 50 is tested up to 173
MPH. The higher the DP rating the higher the water resistance as well.
A typical hurricane has sustained winds of 100 - 150 mph. Winds in some stronger storms may
exceed 200 mph.
Hurricane classifications:
Level 1, 74-95 mph
Leve12, 96-110 mph
Leve13, 111-130 mph
Leve14, 131-155 mph
Leve15, 156+ mph
To over simplify it (ignoring gusts and projectiles), theoretically a DP30 rating should survive a
Leve13 hurricane, a DP40 a Leve14 hurricane and DP 50 a Level 5 hurricane.
Building code for this area in Port Arthur is 130 MPH design wind speed.
Neches Engineers
Port Arthur City Hall and Annex Window Glass Upgrades
Project #09400
Page 24
1.1 Reference Drawines
Project: CITY OF PORT ARTHUR City Hall and Annex Window and glass
upgrades
Demo Plan
Floor Plan, Door & Room Fin. Schedule
Exterior Elevation windows
Window and Glass Sections
Sections, Int. Sections & Details
09400-SO1
09400-502
09400-503
09400-SO4
09400-SOS
Neches Engineers
Port Arthur CiTy Hall and Annex Window Glass Upgrades
Project #09400 _
Page 25
SECTION -SELECTIVE STRUCTURE DEMOLITION
PARTI-GENERAL
1.1 SECTION REQUDtEMENTS
A. Items indicated to be removed and salvaged remain Owner's property. Remove, clean, and
deliver to Owner's designated storage azea.
B. Comply with EPA regulations and hauling and disposal regulations of authorities having
jurisdiction.
C. It is not expected that hazardous materials will be encountered in the Work. If materials
suspected of containing hazardous materials are encountered, do not disturb; immediately notify
Engineer and Owner. Owner will remove hazazdous materials under a sepazate contract.
PART 2 -PRODUCTS (Not Applicable)
PART 3 -EXECUTION
3.1 DEMOLITION
A. Maintain services/systems indicated to remain and protect them against damage during. selective
demolition operations. Before proceeding with demolition, provide temporary services/systems
that bypass azea of selective demolition and that maintain continuity of services/systems to
other parts of the building.
B. Locate, identify, shut off, disconnect, and cap off utility services and mechanicaUelectrical
systems serving azeas to be selectively demolished.
C. Provide temporary barricades and other protection required to prevent injury to people and
damage to adjacent buildings and facilities to remain.
D. Provide and maintain shoring, bracing and structural supports as required to preserve stability
and prevent movement, settlement, or collapse of construction and finishes to remain or
construction being demolished.
E. Provide temporary weather protection to prevent water leakage and damage to structure and
interior azeas.
F. Protect walls; ceilings, floors, and other existing finish work that aze to remain. Erect and
maintain dustproof partitions. Cover and protect furniture, furnishings, and equipment that have
not been removed.
G. Neatly cut openings and holes plumb, square, and true to dimensions aequued. Use cutting
methods least likely to damage construction to remain or adjoining construction.
Neches Engineers
Port Arthur City Hall and Annex Window Glass Upgrades
Project #09400
Page 26
H. Promptly remove demolished materials from Owner's property and legally dispose of them. Do
not bum demolished materials.
END OF SECTION
SECTION -ROUGH CARPENTRY
PART1-GENERAL
1.1 SECTION REQUIlZEMENTS
A. Submittals: Model code evaluation reports for wood-preservative treated wood fire-retardant
treated wood engineered wood products and metal framing anchors.
PART2-PRODUCTS
2.1 WOOD PRODUCTS, GENERAL
A. Lumber: Provide dressed lumber, S4S, mazked with grade stamp of inspection agency.
B. Engineered Wood Products: Acceptable to authorities havingjurisdiction and for which current
model code research or evaluation reports exist that. show compliance with building code in
effect for Project.
2.2 TREATED MATERIALS
A. Preservative-Treated Materials: AWPA C2, except that lumber not in ground contact and not
exposed to the weather may be treated according to AWPA C31 with inorganic boron (SBX).
1. Use treatment containing no azsenic or chromium.
2. Kiln-dry lumber after treatment to a maximum moisture content of 19 percent.
3. Mazk lumber with treatment quality mazk of an inspection agency approved by the ALSC
Boazd of Review.
B. Provide preservative-treated materials for all rough carpentry, unless otherwise indicated. items
indicated on Drawings, and the following:
1. Wood members in connection with roofmg, flashing, vapor barriers, and waterproofmg.
2. Concealed members in contact with masonry or concrete.
3. Wood framing members that are less than 18 inches (460 mm) above fire ground.
4. Wood floor plates that aze installed over concrete slabs-on-grade.
C. Fire-Retazdant-Treated Materials: Comply with performance requirements in AWPA C20.
1. Use Exterior type for exterior locations and where indicated.
2. Use Interior Type A, High Temperature (HT) for enclosed roof framing, framing in attic
spaces, and where indicated.
3. Use Interior Type A, unless otherwise indicated.
4. Identify with appropriate classification mazking of a testing and inspecting agency
acceptable to authorities having jurisdiction.
D. Provide fire-retazdant treated materials for items indicated on Drawings.
Neches Engineers
Port Arthur City Hall and Annex Window Glass Upgrades
Project #09400
Page 27
2.3 LUMBER
A. Dimension Lumber:
1. Maximum Moisture Content: 15 percent.
2. Non-Load-Beazing Interior Partitions: Construction or No. 2: Mixed southern pine:
SPIB.
3. Framing Other Than Non-Load-Beazing Partitions: Construction or No. 2: Southern
pine: SP)B or Spruce-pine-fir (south): NeLMA, WCL1B, or WWPA.
4. Exposed Framing: Provide material hand-selected for uniformity of appeazance and
freedom from characteristics, on exposed surfaces and edges, that would impair finish
appearance, including decay, honeycomb, knot-holes, shake, splits, tom grain, and wane.
a. Species: As specified far framing other than non-load bearing partitions.
b. Grade: Select Structural.
B. Timbers 5-Inch Nominal (117-mm Actual) Size and Thicker: Select Structural: Southern pine:
SP]B;; or Mixed maple: NeLMA.
1. Maximum Moisture Content: 20 percent.
C. Exposed Boards: Mixed southem pine, No. 1: SP)B; or Spruce-pine-fir, Select Merchantable or
No. 1 Common: NeLMA, NLGA, WCL1B, or WWPA; with 15 percent maximum moisture
content.
D. Concealed Boazds: Mixed southern pine, No. 2: SPIB; or Western woods, Standazd: WCLIB;
or No. 3 Common: W WPA; with 15 percent maximum moisture content.
E. Miscellaneous Lumber: Constmction, or No. 2 grade with 15 percent maximum moisture
content of any species. Provide for Hailers,. blocking, and similaz members.
2.4 PLYWOOD BACKING PANELS
A. Telephone and Electrical Equipment Backing Panels: Plywood, Exposure 1, C-D Plugged, fire-
retazdant treated, not less than 1/2 inch (12.7 mm) thick.
2.5 MISCELLANEOUS PRODUCTS
A. Fasteners: Size and type indicated. Where rough carpentry is exposed to weather, in ground
contact, or in azea of high relative humidity, provide fasteners with hot-dip zinc coating
complying with ASTM A 153/A 153M or of Type 304 stainless steel.
1. Power-Driven Fasteners: CABO NER-272.
2. Bolts: Steel bolts complying with ASTM A 307,. Grade A (ASTM F 568, Property
Class 4.6); with ASTM A 563 (ASTM A 563M) hex nuts and; where indicated, flat
washers.
B. Metal Framing Anchors: Structural capacity, type, and size indicated.
1. Use anchors made from hot-dip galvanized steel complying with ASTM A 653/A 653M,
G60 (2180) coating designation for interior locations where stainless steel is not
indicated.
2. Use anchors made from stainless steel complying with ASTM A 666, Type 304 for
exterior locations and where indicated.
Neches Engineers
Port ArthurCity Hall and Annex Window Glass Upgrades
Project #09400
Page 28
C. Sill-Sealer: Glass-fiber insulation, 1-inch (25-mm) thick, compressible to 1/32 inch (0.8 mm) or
Closed-cell neoprene foam, 1/4 inch (6.4 mm) thick.
PART3-EXECUTION
3.1 INSTALLATION
A. Set rough carpentry to required levels and lines, with members plumb, true to Line, cut, and
fitted. Locate nailers, blocking, and similar supports to comply with requirements for attaching
other construction.
B. Securely attach rough carpentry to substrates, complying with the following:
1. CABO NER-272 far power-driven fasteners.
2. Published requirements of metal framing anchor manufacturer.
3. Table 2305.2, "Fastening Schedule," in BOCA's BOCA National Building Code.
END OF SECTION
.Neches Engineers
Port Arthur City Hall and Annex Window Glass Upgrades
Project#09400
Page 29
SECTION -JOINT SEALANTS
PART4-GENERAL
4.1 SECTION REQUIREMENTS
A. Submittals: Product Data and color Samples.
B. Environmental Limitations: Do not proceed with installation of joint sealants when ambient
and substrate temperature conditions aze outside limits permitted by joint sealant manufacturer
or aze below 40 deg F (4.4 deg C).
PARTS-PRODUCTS
5.1 JOINT SEALANTS
A. Compatibility:. Provide joint sealants, joint fillers, and other related materials that aze
compatible with one another and with joint substrates under service and application conditions.
B. Sealant for Use in Building Expansion Joints:
1. Single-component, neutral-curing silicone sealant, ASTM C 920, Type S; Grade NS;
Class 25; Uses T, M, and O, with the additional capability to withstand 100 percent
movement in extension and 50 percent movement in compression for a total of 150
.percent movement.
C. Sealant for General Exterior Use Where Another Type Is Not Specified, One of the Following:
1. Single-component, nonsag polysulfide sealant, ASTM C 920, Type S; Grade NS;
Class 12-1/2; Uses NT, M, G, A, and O.
2. Single-component, neutral-curing silicone sealant, ASTM C 920, Type S; Grade NS;
Class 25; Uses T, NT, M, G, A, and O.
3. Single-component, nonsag urethane sealant, ASTM C 920, Type S; Grade NS; Class 25;
and Uses NT, M, A, and O.
D. Sealant for Exterior Traffic-Bearing Joints, Where Slope Precludes Use of Pourable Sealant:
1. Single-component, nonsag urethane sealant, ASTM C 920, Type S; Grade NS; Class 25;
Uses T, NT, M, G, A, and O.
E. Sealant for Exterior Traffio-Bearing Joints, Where Slope Allows Use of Pourable Sealant:
1. Single-component, pourable urethane sealant, ASTM C 920, Type S; Grade P; Class 25;
Uses T, M, G, A, and O.
F. Sealant for Use in Interior Joints in Ceramic Tile and Other Hard Surfaces in Kitchens and
Toilet Rooms and Around Plumbing Fixtures:
Neches Engineers
Port Arthur City Hall and Annex Window Glass Upgades
Project #09400
Page 30
1. Single-component, mildew-resistant silicone sealant, ASTM C 920, Type S; Grade NS;
Class 25; Uses NT, G, A, and O; formulated with fungicide.
G. Sealant for Interior Use at Perimeters of Door and Window Frames:
1. Latex sealant, single-component, nonsag, mildew-resistant, paintable, acrylic-emulsion
sealant complying with ASTM C 834.
;H. Acoustical Sealant for Exposed Interior Joints:
Nonsag, paintable, nonstaining latex sealant complying with ASTM C 834.
I. Acoustical Sealant for Concealed Joints:
1. Nondrying nonhardening, nonskinning, nonstaining, gunnable, synthetic-rubber sealant
recommended for sealing interior concealed joints to -reduce transmission of airborne
sound.
5.2 JOINT-SEALANT.BACKING
A. General: Provide sealant backings of.material and type that aze nonstaining; are compatible
with joint substrates, sealants, primers, and other joint fillers; and are approved for applications
indicated by sealant manufacturer.
B. Cylindrical Sealant Backings: ASTM C 1330, of size and density to control sealant depth and
otherwise contribute to producing optimum sealant performance.
C. Bond-Breaker Tape: Polyethylene tape or other plastic tape recommended by sealant
manufacturer for preventing sealant from adhering to rigid, inflexible joint-filler materials or
joint surfaces at back of joint.
PART6-EXECUTION
6.1 INSTALLATION
A. Comply with ASTM C 1193.
B. Comply with ASTM C 919 for use of joint sealants in acoustical applications.
END OF SECTION
Neches Engineers
Port Arthur City Hall and Annex Window Glass Upgrades
Project#09400
- Page 31
Neches Engineers
Port Arthur City Hall and Annex Window Glass Upgrades
Project #09400
Page 32
083109
SPECIAL TERMS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND CONSERVATION
BLOCK GRANT PROGRAM -FORMULA GRANTS
Table of Contents
1. RESOLUTION OF CONFLICTING CONDITIONS ...........................:.....................:........................... .....1
2. AWARD AGREEMENT TERMS AND CONDTITONS ....................................................................... .....1
3. AWARD PROJECT PERIOD AND BUDGET PERIODS .................................................................... .....1
4. STAGED DISBURSEMENT OF FUNDS ............................................................................................. .....1
5. PAYMENT PROCEDURES -ADVANCES THROUGH THE AUTOMATED STANDARD
APPLICATION FOR PAYMENTS (ASAP) SYSTEM ....:................................................:................... .....2
6. INCREMENTAL FUNDING AND MA}dMUM OBLIGATION -COEXTENSIVE BUDGET PERIOD
AND PROJECT PERIOD ....................................................................................................................... .....2
7. COST SHARING FFRDC'S NOT INVOLVED .................................................................................... .....2
8. REBUDGETING AND RECOVERY OF INDHtECT COSTS .............:............................................... .....3
9. CEILING ON ADMINIST'RATTVE COSTS .........................................:............................................... .....4
10. LIMITATIONS ON USE OF FUNDS ................................................................................................... .....4
11. PRE-AWARD COSTS .......................................................................................................................... ......4
12. USE OF PROGRAM INCOME -ADDITION ........................................................................:............. ......4
13. STATEMENT OF FEDERAL STEWARDSHIP ........................................:......................................... ......4
14. SITE VISITS .......................................................................................................................................... ......5
I5. REPORTING REQUIREMENTS ......................................................................................................... ......5
16. PUBLICATIONS ................................................................................................:.................................. ......5
17. FEDERAL, STATE, AND MI7NICIPAL REQUII2EMENTS ..............................:............................... ......6
18. INTELLECTUAL PROPERTY PROVISIONS AND CONTACT INFORMATION .......................... ......6
19. I;OBBYING RESTRICTIONS .............................................................................................................. ......6
20. NOTICE REGARDING THE PURCHASE OFAMERICAN-MADE EQUIPMENT AND PRODUCTS -
- SENSE OF CONGRESS ..................................................................................................................... ......6
21. INSOLVENCY, BANKRUPTCY OR RECEIVERSHIP ...................................................................... ......6
22. NATIONAL ENVIItONMENTAL POLICY ACT (NEPA) REQUIItEMENTS :................................ ......6
23. DECONTAMINATION AND/OR DECOMMISSIONING (D&D)COSTS ........................................ ......7
24. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009 (MAY 2009) ................................................................................... ......7
25. REPORTING AND REGISTRATION REQUIltEMENTS UNDER SECTION 1512 OF THE
RECOVERY ACT (MAY 2009) ..................................................................._.....:. .
.............................. .... l t
26. REQUIItED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS -SECTION
1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) ..... ....11
27. REQUIItED 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) ......................................................................... ....13
28. WAGE RATE REQUIltEMENTS UNDER SECTION 1606 OF THE RECOVERY ACT (MAY 2009)16
29. RECOVERY ACT TRANSACTIONS LISTED IN SCF~,DULE OF EXPENDITURES OF FEDERAL
AWARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMING SUBRECIPIENTS (MAY
2009) ......................................................................................................................................:............... ....17
30. DAMS BACON ACT REQUIltEMENTS (MAY 2009) ...................................................................... ....17
31. HISTORIC PRESERVATION ......................................:....................................................................... ....25
ATTACHMENT 1 -INTELLECTUAL PROPERTY PROVISIONS ............................................................ ....26
Not Specified/Other
083109
SPECIAL TERMS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND
CONSERVATION BLOCK GRANT PROGRAM -FORMULA GRANTS
1. RESOLUTION OF CONFLICTING CONDITIONS
Any apparent inconsistency between Federal statutes and regulations and the terms and conditions
contained in this awazd must be referred to the DOE Awazd Administrator for guidance.
2.. AWARD AGREEMENT TERMS AND CONDITIONS
This awazd/agreement consists of the Grant and Cooperafive Agreement cover page; plus the following:
a. Special terms and conditions.
b. Attachments:
Attachment No. Title
Intellectual Property Provisions
Project Activity Worksheet(s) aze attached. If the Worksheet is for the
Strategy, the grant will be amended to include additional Worksheets as
activities aze approved.
Federal Assistance Reporting Checklist
Budget Pages aze 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 aze approved.
Davis-Bacon Act Wage Det ina+;on(s), if applicable. For Strategy
awazds, the-Wage Determination will be included when activities aze
approved.
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 aon-profit, the Reseazch.Terms & Condmons and the DOE Ageacy
Specific Requirements at http://www.nsfgov/bfa/dias/policy/r[c/indexjsp.
e. Application/proposal as approved by DOE.
f. National Policy Assurances to Be Incorporated as Awazd Terms in effect on date of award at
http://manaeement.enerev.gov/business doe/1374.htm
3. AWARD PROJECT PERIOD AND BUDGET PERIODS
The Project and Budget Periods for this awazd aze concurrent fora 36-month period as indicated in Item
No. 7 of the Assistance Agreement Face Page.
4. STAGED DLSBURSEMENT OF FUNDS
f IIFMARSED.THISTERMISAPPZICABLE
The total funding allocation for this awazd 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 awazd.
Not Specifred/Odter
083109
[ ]For Energy Efficiency Conservation Strategy (EEGs) Only awazds, funds in the amount of
$ [ J 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 awazd to include the authorized Project Activity
Worksheets.
[ ]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 foods 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 similaz issues. The remaining funds will be released upon successful resolution of
these issues and amendment of the awazd
5. PAYMENT PROCEDURES -ADVANCES THROUGH THE AUTOMATED STANDARD
APPLICATION FOR PAYMENTS (ASAP) SYSTEM
1 l IF MARRED. THIS TERMDOES NOT APPLY- SEEATTACHMENT 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 requued to meet your needs to disburse funds for the Federal shaze 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 shaze of any allowable indirect
costs. )Ssame-day transfers are not feasible, advance payments must be as close as is administratively
feasible m 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 - COERTENSPVE BUDGET
PERIOD AND PROJECT PERIOD
APPLICABLE ONLY TO INCREMENTALLY FUNDED AWARDS.
This awazd is funded on an incremental basis. The maxhnum obligation of the ~DOE/NNSA is limited to
the amount shown on the Agreement Face Page. You aze not obligated to continue performance of the
project beyond the total amount obligated and your pro rata shaze of the project costs, if cost sharing is
required. Additional funding is contingent upon the availability of appropriated funds and substantial
progress towazds meeting the objectives of the awazd.
7. COST SHARING FFRDC'S NOTINVOLVED
APPLICABLE ONLYIF COST SHARING IS INCLUDED IN THE AWARD.
a. Total Estimated Project Cost is the sum of the Government shaze and Recipient shaze of the estimated
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083109
project costs. The Recipient's cost share must come from non-Fedeml sources unless otherwise
allowed by law. By accepting federal funds under this awazd, you agree that you aze liable for your
percentage shaze of total allowable proj ect costs, on a budget period basis, even if the project is
terminated eazly or is not funded to its completion. This cost is shazed as follows:
Budget Budget Government Share Recipient Share Total Estimated Cost
Period Period Start $/% $/%
No.
001 10/I3YL009 $541,300/40% $797;040/60% $1,338,340
Total Pro'ect
b. If you discover tharyou maybe unable to provide cost sharing of at least the amount identified in
pazagraph a of this article, you should immediately provide written notification to the DOE Awazd
Administrator indicating whether you will continue or phase out the project. If you plan to continue
the project, the notification must descnbe how replacement cost sharing will be secured.
c. You must maintain records of all project costs that you claim as cost sharing, includmg 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 awazd.
8. REBUDGETING AND RECOVERY OF INDIRECT COSTS
THEAPPLICABZE TERMISMAR%ED BELOW.
[ ] REBUDGETING AND RECOVERY OF IIdDIRECT COSTS - REIIvIBURSABI,E INDIRECT
COSTS AND FRINGE BENEFITS
a. If actual allowable indirect costs and fringe benefits aze less than those budgeted and funded
under the awazd, you may use the difference to pay additional allowable direct costs during the
project period. If at the completion of the awazd the Government's shaze 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 act amend
an awazd solely to provide additional funds for changes in indrect costs and fringe benefits.
DOE recognizes that the inability to obtain full reimbursement for indrect costs and fringe
benefits means the recipient must absorb the undecrecovery. Such underrecovery maybe
allocated as part of the organization's required cost sharing.
[ ] REBUDGETING AND RECOVERY OF 1NDII2ECT COSTS - REDrIBURSABLE ]NDIItECT
COSTS
a. If actual allowable indirect costs are less than those budgeted and funded under the awazd, you
may use the difference to pay additional allowable direct costs during the project period. If at
the completion of the awazd the Government's share of total allowable costs (Le., direct and
induea), 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 awazd solely to
provide additional funds for changes in indueM cost rates. DOE recognizes that the inability to
obtain full reimbursement for induect costs means the recipient must absorb the undeaecovery.
Such underrecovery maybe allocated as part of the organization's required cost sharing.
c. The budget for this awazd includes indirect costs, but does not include fringe benefits..
Therefore, fringe benefit costs shall not be charged to nor shall reimbursement be requested for
Not Specified/Other
' 083109
this project nor shall the fringe benefit costs for this project be allocated to any other federally
sponsored project. In additioq fringe benefit costs shall not be counted as cost shaze unless
approved by the Contracting Officer.
[ x] REBUDGETING AND RECOVERY OF INDIRECT COSTS - I[dDIRECT COSTS AND FRINGE
BENEFITS ARE NOT REIMBURSABLE
The budget for this award does not include indrect costs or fringe benefits. Therefore, these
expenses shall not be chazged 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 additioq
induect costs or fringe benefits shall not be.counted as cost shaze unless approved by the Contracting
Officer.
9. CEII.ING 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(bx3)(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 summazized for each activating under the Projected Costs Within Budget: Administration.
b. Recipients are expected tc manage their administrntive costs. DOE will not amend an awazd 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
m;n;crrative cost ceiling. 1n additioq the Recipient shall neither count costs in excess of the
administrative cost ceiling as wst share, nor allocate such costs to other federally sponsored projects,
unless approved by the Contrncting 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(bX3)(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 eligrble unit of local
government.
11. PRE-AWARD COSTS
APPLICABLE ONLYIF COMPLETED BELOW.
You aze entitled to reimbursement forpreaward costs in the amount of $[ ]for the period from
[MonthDayYeaz] to (MonthDayYeaz] in accordance with your request dated [MonttiDayYear] if such
costs aze 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 awazd,. you may add the program
income to the funds committed to the awazd and use it to further eligible project objectives.
13. STATEMENT OF FEDERAL STEWARDSHIP
DOE/NNSA will exercise normal Federal stewazdship in overseeing the project activities performed under
this awazd. Stewardship activities include, but are not limited to, conducting site visits; reviewing
performance and fihancial reports; providing technical assistance and/or temporary intervention in unusual
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083109
circumstances to correct deficiencies which develop during the project; assuring compliance with terms and
conditions; and reviewing technical performance aRer project completion to ensure that the award
objectives have been accomplished.
14. SITE VLSITS
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 subawazdees to provide, reasonable access to facilities, office space,
resources, and assistance for the safety and convenience of the govemment representatives in the
performance of their duties. All site visits and evaluations must be performed in a mammer that does not
unduly interfere with or delay the work
15. REPORTING REQUIREMENTS
a. Requirements. The reporting requirements for this awazd aze identified on the Federal Assistance
Reporting Checklist, DOE F 4600.2, attached to this awazd. Failure to comply with these reporting
requirements is considered a material noncompliance with the terms of the awazd. Noncompliance
may result in withholding of future payments, suspension, or termination of the current awazd, and
withholding of future awazds. A willful failure to perform, a history of failure to perform, or
unsatisfactory perfom~ance of this and/or other financial assistance awazds, may also result in a
debarment action to preclude future awards by Federal agencies.
b. Dissemination of scientific/technical reports. Scientific/technical reports submitted underthis award
will be disseminated on the Internet via the DOE Information Bridge (www.osti.govPoridge), unless the
report contains patentable material, protected data, or SBIIt/STTR data. Citations for journal articles
produced under the award will appeaz on the DOE Energy Citations Database
(www.osti. gov/enerevcitations).
c. 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 mustappeaz 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
Awazd Number [Enter the award number]."
Disclaimer: '"this report was prepazed as an account of work sponsored by an agency of the United
States Government Neither the United States Government nor any agency drereo£ 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, i<ademazk, manufacturer, or otherwise does not
necessarily constitute or imply its endorsement, recommendation, or favoring bythe United States
Govetnment 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."
Not Specified/Other
083109
17. FEDERAL, STATE, AND MUNICIPAL REQUIlZEMENTS
You must obtain any required permits and comply with applicable federal, state, and municipal laws, codes,
and regulations for work performed under this awazd.
18. INTELLECTIIAL PROPERTY PROVLSIONS 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 Ageement Face Page. A list of all intellectual property provisions may
be found at http://www.ec.doe.eov/financial assistance awazds hmt.
b. Questions regarding intellectualpropertyrnatters should be refeaed to the DOE Award Administrator
and the Patent Counsel designated as the service provider for the DOE office that issued the awazd.
The IP Service Providers List is found at
htip://www.gc doe eov/documents/lntellectual Property (IPl Service Providers for Acouisition pdf
19. LOBBYING
By accepting funds under this awazd, you agce that none of the funds obligated on the award shall be
expended, duectly or indirectly, to influence congressional action on any legislation or appropriation
matters pending before Congess, outer than to communicate to Members of Congess as descn'tied 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 Congess that, to the geatest extent practicable, all equipment and products purchased
with funds made available under this award should beAmerican-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
parents filing of a voluntary case seeking liquidation or reorganization under the Banlauptcy 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 similaz proceeding for or against you or yatn• 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; (its provide the facts surrounding that event; and (iii) provide the
impact such event will have on the project being funded by this awazd.
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 shaze, progess towazds 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) REQUB2EMENTS
You are restricted from taking any action using Federal funds, which would have an adverse effect on the
Not Specified/Other
083109
environment or limit the choice of reasonable alternatives prior to DOE/NNSA providing either a NEPA
cleazance or a final NEPA decision regazding this project. Prohibited actions include: Any activities not
included and approved with this application package. This restriction does-not preclude you from: Activity
included and approved with this application package. If you move forwazd with activities that aze not
authorized for federal funding by the DOE Contracting Officer in advance of the final NEPA decision, you
aze doing so at risk of not receiving federal funding and such costs may not be recognized as allowable cast
shaze.
If this awazd 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 tie responsible foror
have any obligation to the recipient for (i) Dewntamination and/or Decommissioning (D&D) of any of the
recipient's facilities, or (ii) any costs which maybe 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. SPECIAI, 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 infrasnucture that will provide
long-term economic benefits, stabilize State and local government budgets, in order to m;n;m;>P and avoid
reductions inessential services and counterproductive State and local tax increases. Recipients shall use
gant funds in a manner that m 'm;>es 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 repotting requirements of the Recovery
Act and related guidance. For projects forded 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, particulazly
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 awazd
terms and conditions, the issues will be referzed to the Contracting Officer for reconciliation.
Definitions
For purposes of this clause, Covered Funds means funds expended orobligated from appropriations under
Not Specified/Odrer T
083109
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 Acf funds in the grant, cooperative agreement or'ITA
and/or modification using Recovery Act funds. Covered Funds must be reimbursed by September 30,
2015.
Nan-Federal employer means any employer with respect to covered funds -the contractor, subcontractor,
grantee, or recipient, as the case maybe, 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 drectly 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.
SQecial Provisions
A. Flow Down Requirement
Recipients must include these special terms and conditions in any subawazd.
B. Se relation 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, maybe 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 -
(I) to examine any records of the contactor of grantee, any of its subcontractors or subgrantees, or
nay State or local agency administering such contract that pertain to, and involve transactions
relation to, the subcontact, subcontract, grant, or subgrant; and
(2) to interview any officer or employee of the contractor, grantee, subgramee, or agency regarding
such transactions.
D. Publication
An application may contain technical data and other data, including trade secrets and/or privileged or
Not Specified/Other
083109
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
The data contained inpages ---- 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 Transpazency Board. The Board may
exclude posting contractual or ottier 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 SS2 and S52a of title 5, United States Code.
E. Protective State and Local Government and Contractor Whistleblowers
The requirements of Section 1553 of the Act are summarized below. They include, but aze 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'-S, tray not be dischazged;
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, amember of Congers, 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 wmpetition for
or negotiation. of a contract) or grant, awazded or issued relating to covered funds:
Agency Action: Not later than 30 days after receiving an inspector genera! report of an alleged
reprisal, the head of the agency shall detemvne whether there is sufficient basis to conclude that the
non-Federal employez 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 affumative action to abate the reprisal.
• Order the employer to reinstate the person to the position that the person held before the reprisal,
together witlt 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 (includmg attorneys' fees and expert witnesses' fees) dtat 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.
Not Specified/Other
083109
Nonenforceablity of Certain Provisions Waiving Rights and remedies or Requiring Arbitration:
Except as provided in a collective bazgaining agreement, the rights and remedies provided to aggrieved
employees by [his 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 Rewvery and Reinvesment Act of 2009, Pub.. L. _111-5, shall post notice of the rights and
remedies as required therein. (Refer to section 1553 of the American Recovery and Reinvestment Act
of 2009, Pub. L. I 11-5, www.Recovery.gov, for specific requirements of this section and prescribed
language for the notices.).
F. Rice oast for Reimbursement
Reserved
G. False Claims Act
Recipient and sub-recipients shall promptly refer to the DOE or other appropriate Inspector General
any credtble evidence that a principal, employee, agent, contractor, sub-grantee, subcontractor or other
person has submitted a false claim under the False Claims Actor has committed a criminal.or civil
violation of laws pertaining to fraud, conflict or interest; bnbery, gratuity or similaz misconduct
involving those funds.
FI. Informarion in supnortme of Recovery Act Reporting
Recipient maybe 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. Availabiliri of Funds
Funds appropriated under the Recovery Act and obligated to this awazd aze available for
reimbursement of costs until September 30, 2015.
J. Additional Fundine Distribution and Assurance oFApprooriate Use of Funds
Applicable if awazd is to a State Govemment or an Aeency
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. I 1 I-5, the Gbvemor of the
State shall certify that: I) dte. state will requestand use funds provided by the Act; and 2) the funds will
be used to create jobs and promote economic growth.
Acceptance by Siate Legislature - If funds provided to any State in any division of the Act are not
accepted for use by the Govemor, then acceptance by the State legislature, bymeans of the adoption of
a concurrent resolution, shall be sufficient to provide funding to such State.
Distribution -After adoption of a Shete 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
Not Specified/Other 10
083109
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 awazd that the infrastructure
investment has received the full review and vetting requved 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 REQUD2EMENTS UNDER SECTION 1512 OF THE
RECOVERY ACT (MAY 2009)
a. This awazd requires the recipient to complete projects or activities which aze funded under the
American Recovery and Reinvestment Act of 2009 (Recovery Act) and to report on use of Recovery
Act funds provided through this awazd. Information from these reports will be made available to the
public.
b. The reports aze due no later than ten calendar days after each calendar quarter in which the recipient
receives the assistance awazd funded m 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 awazds funded
with Recovery Ad funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number
(httpJ/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 instmctions and data elements that will be provided online at
http://www.FederalReporting.gov and ensure that any information that ispre-filled is corrected or
updated as needed.
26. REQUHiED USE OF AMERICAN II2ON, STEEL, AND MANUFACTURED GOODS -
SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
(MAY 2009)
(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 farm andshape; 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 buildmg and.public work means a public building of, and a public work of; a governmental
entity (the United States; the District of Cohrmbia; 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, powerlines, 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.
Not Specified/Other 11
a Definitions: As used in this awazd term and condition-
083109
(3) Steei means an alloy that includes at least 50 percent iron, between .02 and 2 percent cazbon, and
may include other elements..
b. Domestic preference.
(1) This awazd term and condition implements Section 1605 of the American Recovery and
Reinvestment Act of 2009 (Recovery Act) (Pub. L. I11-5), by requiring that all iron, steel, and
manufactured goods used in the project are produced in the United States except as providedm
pazagaph (b)(3) and (bX4) of this section and condition.
(2) This requirement does not apply to the material listed by the Federal Government as follows:
None
[Award official to list applicable excepted materials or indicate "none"]
(3} The awazd official may add other iron, steel, and/or manufactured goods to the list in pazagaph
(b)(2) of this section and condition if the Federal Government determinesthat-
(i) The cost of the domestic iron, steel, and/or manufactured goods would be unreasonable. The
cast 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 notproduced, 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
(FI) A detailed justification of the reason for use of foreign iron, steel, and/or
manufactured goods cited in accordance with paragraph (bx3) of this section.
(ii) A request based on unreasonable cost shall include a reasonable survey of rite mazket
and a completed cost comparison table in the format is paragaph (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 proj ect for
construction, alteration, maintenance, or repair that an exception to section 1605 of the Recovery
Act applies, the award official will amend the awazd to allow use of the foreign iron; steel, and/or
Not Specified/Other 12
083109
relevant manufactured goods. When the basis for the exception is nonavailability or public
interest, the amended awazd shall reflect adjustment of the awazd 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 awazd official shall
adjust the awazd 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 pazagraph (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:
Foreign and Domestic Items Cost Comparison
Description Unit ofMeasnre Quantity Cost
anuara
Item I:
Forei steel, iron, or manufactured ood
Domestic steel, iron, or manufactured ood
Item 2:
Forei steel, iron , or manufactured ood
Domestic steel,uon, or manufactured. ood
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. REQUIItED USE OFAMERICAN IItON, STEEL, AND MANUFACTURED GOODS
(COVERED UNDER INTERNATIONAL AGREEMENTS)-SECTION 1605 OF TFIN
AMERICAN RECOVERY AND REINVESTMEN"C ACT OF 2009 (MAY 2009)
Designated country -
(I) A World Trade Organization Government procurement Agreement country (Aruba, Austria,
Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France,
Not Specified/Other 13
a. Defutitions. As used in this awazd term and condition-
083109
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, Nicazagua,
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.
Desigpated country iron, steel, and/or manufactured goods -
(1) Ls wholly the growth, product, or manufacture of a designated country; or
(2) In the case of a manufactm~ed good that consist in whole or in part of materials from another
wuntry, has been substantially transformed in a designated country into a new and different
manufachned 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 regazd 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 desigoated 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 bas different properties than the
properties ofthe 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 govemmenu; and multi-State, regional, or
interstate entities which have governmental functions). These buildings and works may include,
without limitation, bridges, dams, plants, highways, pazkways, 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 'son, between .02 and 2 percent carbon, and
may include other elements.
b. Iron, steel, and manufactured goods.
Not Specified/Other 14
083109
(1) The awazd term and condition described in this section implements-:
(i) Section 1605(a) of the American Recovery and Reinvestment Act of 2009 (Pub. L. 11.1--5)
(Recovery Act), by requiring that all iron, steel, and manufactured goods used in the project
are produced in the United States; and
~(ii) Secrion 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 secticn 1605 shall not be applied where the iron,
steel or manufactured goods used in the project are from a Parry to an international ageement
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 awazd, except as provided in paragraphs
(b)(3) and (b)(4) of this section.
(3) .The requirement in paragraph (bx2) 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 awazd official may add other iron, steel, and manufachued goods to the list in paragaph
(bx3) of this section if the Federal Government determines that-
(i) The cost of domestic iron, steel, and/or manufactured goods would be unreasonable. The wst
of domestic ¢on, steel, and/or manufactured goods used m the proj ect is unreasonable when
the cumuLttive 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 insufficient 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
(I) (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 manufactmed goods;
(B) Unit of measure;
(C) Quantity;
(T)) Cost;
(E) Time of delivery or availahility;
(F) Location of the project;
(G) Name and address of the proposed supplier, and
(In A detailed justification of the reason for use of foreign iron, steel, and/or
manufactured goods cited in accordance with paragaph (b)(4) of this section.
(ii) A request based oa unreasonable cost shall include a reasonable survey of the market and a
completed cost compazison table in the format in pazagaph (d) of this section.
(iii) The cost of iron, steel, or manufactured goods shall include all delivery costs to the
conshuction site and any applicable duty.
(iv) Any recipient request for a determination submitted after Recovery Act funds havebeen
Not Specified/Other 15
083109
obligated for a project for. construction, alteration, maintenance, or repair shall explain why
the recipient could not reasonably foresee the need for such deternnation and could not have
requested the determination before the funds were obligated. If the recipient does not submit a
satisfactory explanation, the awazd official need not make a determination.
(2) If the Federal Government determines after funds have been obligated for a project for
wnstruction, alteraflon, maintenance, or repair that an excepton to section 1605 of the Recovery
Act applies, the awazd official will amend the awazd to allow use of the foreign iron, steel; and/or
relevant manufactured goods. When the basis for the exception is nonavailability orpublic
interest, the amended awazd shall reflect adjustment of the award amour; 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
exceptioh is the unreasonable cost of the domestic iron, steel, or manufactured goods, the awazd
official shall adjust the awazd amount or redistribute budgeted funds, as appropriate, by at least the
differential established in 2 CFR 176.110(x).
(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 desigpated country 'von,
steel, and/or manufactured goods is noncompliant with the applicable Act_
d Data To permit evaluation of requests under paragraph (b) of this section based on unreasonable cos;
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
Item 1:
Forei steel, iron, or manufactured ood
Domestic steel, iro or manufactured ood
Item l.•
Forei steel, iron , or manufactured ood
Domestic steel, iron, or manufactured ood
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. RAGE RATE REQUII2EMENTS UNDER SECTION 1606 OF THE RECOVERY ACT (MAY
2009)_
a. Section 1606 of the Recovery Act requires that all laborers and mechanics employed by contractors
and subconn•actors on projects funded directly by or assisted in whole or in part by and through the
Not Specified/Other 16
083109
Federal Government pursuant to the Recovery Act shall be paid wages at rates not less than those
prevailing on projects of a chazacter similaz 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 grams, cooperative agreements,
and loans under the Recovery Act shall ensure that the standazd Davis-Bacon contract clauses. found in
29 CFR 5.5(a) aze incorporated in any resultant covered contracts that are in excesrof $2,000 for
constmction, alteration or repair (including painting and decorating).
b. For additional guidance on the wage rate requirements of section 1606, contact your awazding 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 prof ect. The Secretary of Labor retains final coverage authority under
Reorganisation Plan Number 14. _
29. RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF
FEDERAL AWARDS AND RECD'LENT RESPONSLBILTTIESFQR INFORMING
SUBRECH'IENTS (MAY 2009)
a To maximize the transpazency and accountability of funds authorized under the American Recovery
and Reinvestment Act of 2009 (Pub. L. 11 I--S) {Recovery Act) a§ required by Congress and in
accdrdance with 2 CFR 215.21 "Uniform Administrative Requirements for Grants and Agreements"
and OMB Circulaz A-102 Common Rules provisions, recipients agree to maintain records that
identify adequately the source and application of Recovery Act fonds. OMB Circular A--102 is
available at http://www.whitehouse.gov/omb/cfrculars/a102la102.htm1
b. For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circulaz A-133,
"Audits of States, Local Governments, and Non-Profit Organizations," recipients agee to separately
identify the expenditures for Federal awazds under the Recovery Act on the Schedule of Expenditures
of Federal Awazds (SEFA) and the Data Collection Form (SF--SAC) required by OMB CircuIaz A-
133.OMB Circulaz A-133 is available at http://www.whitehouse.gov/omb/circulazs/a133/a133.htm1.
This shall be accomplished by identifying expenditures for Federal awazds made underthe 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 fhe-prefix "ARRA--" in identifying the name of the Federal program on the
SEFA and as the fast characters in Item 9d of Part III on the SF-SAC.
c. Recipients agree to separately identify to each subrecipient, and document az the time of subawazd and
at the time of disbursement of funds, the Federal award number, CFDA number, and amountof
Recovery Act funds. When a recipient awards Recovery Act funds for an existing program, the
informafion famished to subrecipieau shall distinguish the subawazds of incremental Recovery Act
funds from regular subawazds under the existing program.
d. Recipients agee to require their subrecipients to include on their SEFA information to specifically
identify Recovery Act funding similaz 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 awazding agencies, Offices of Inspector General and
the Government Accountability Office.
30. DAMS BACON ACT REQUIl2EMENTS (MAY 2009)
Not Specified/Other 17
083109
Note:. Where necessary to make the context of these articles applicable to this awazd, the term "Contractor"
shall mean "Recipient' and the term "Subcontractor". shall mean "Subrecipient or Subcontractor" per the
following definitions.
Recipient means the organization, individual, or other entity that receives an awazd from DOE and is
financially accountable for the use of any DOE funds or property provided for the performance of the
project, and is legally responsible for carrying out the terms and conditions of the awazd.
Subrecipient means the legal entity to which a subaward is made and which is accountableto the recipient
for the use of the funds provided. The term may include foreign or international organizations (such as
agencies of the United Nations).
Davis-Bacon Act
(a) Definition.-"Site of the work"-
(1) Means-
(i) The primary site of tfie work The physical place or places where the construction called for in
the awazd will remain when work on it is completed; and
(ii) The sewndary site of the work, if any. Any other site where a significant portion of the
building or work is constructed, provided that such site is-
(A) Located in the United States; and
(B} Established speci5cally for the performance of the awazd or project;
(2) Except as provided in paragraph.(3) of this definition, includes any fabrication plants, mobile
factories, batch plants, borrow pits, job headquarters, tool yards, etc., pmvided-
(i) They aze dedicated exclusively, or nearly so, to performance of the award orproject; and
(irk They are adjacent or virtually adjacent to the "primary site of the work" as defined. in
paragraph (axI)(i); or the "secondary site of the wor1Y' as defined in paragraph (a)(1)(ii) of
this definition;
(3) Does not include permanent home offices, branch plant establishments, fabricaton plants, or tool
yards of a Contractor or subcontractor whose locations and continuance in operation are
determined wholly without regard to a particulaz Federal awazd or project. In addition, fabrication.
plants, batch plants, borrow pits, job headquarters, yards; etc., of a commercial or material supplier
which are established by a supplier of materials for the project before opening of bids and not on
-the Project site, are not included in the "site of the work" Such permanent, previously established
facilities are not a part of the "site of the work" even if the operations for a period of time maybe
dedicated exclusively or nearly so, to the performance of a awazd.
(b) (1) All laborers and mechanics employed or working upon the site of the work will be paid
unconditionally and not less often than once a week, and without subsequent deduction ar rebate
on any account (except such payroll deductions as are permitted by regulations issued by the
Secretary of Labor under the Copeland Aa (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, or as may be incorporated for a secondary site of the work, regazdless of
any contractual relationship which maybe alleged to exist between the Contractor and such
laborers and mechanics. Any wage determination incorporated for a secondary site of the work-
shall be effective from the fnst day on which work under the award was performed at that site and
shall be incorporated without any adjustment in award price or estimated cost. Laborers employed
by the construction Contractor or construction subcontractor that are transporting portions of the
building or work between the secondary site of the work and the primary site of the work shall be
'paid in accordance with the wage determination applicable to the primary site of the work.
Not Specified/Other 18
' ' 083109
(2) 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 mechanicsare considered wagespaid to
such laborers or mechanics, subject to the provisions of pazagraph (e) of this article; also, regular
contrbutions made or costs incurred for more than a weekly period (but not less often than
quarterly) under plans, funds, or programs which cover the particulaz weekly period,. are deemed
to be constructively made or incurred during such period.
(3) Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe
benefits in the wage determination for the classification of work actually performed, without
regazd to skill, except as provided in the article entitled Apprentices and Trainees. Laborers or
mechanics performing work in more than one classification maybe 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.
(4) The wage determination (including any additional classifications and wage rates conformed under
paragraph (c) of this article) and the Davis-Bacon poster (WH-1321) shall be posted at all times by
the Contractor and its subcontractors at the site of the work in a prominent and accessrble place
where it can be easily seen by the workers.
a. (1) The Contacting Officer shall require that any class of laborers or mechanics which is not listed in
the wage determinarion and which is to be employed under the award shall be classified in
conformance with the wage determination. The Contacting Officer shall approve an additional
classification and wage rate and fringe benefits therefore only when all the following criteria have
been met:
(i) The work to be performed by the classification requested is not performed by a classification
in the wage determination.
(ii) The classification is utilized in the area by the construction industry.
(iii) The proposed wage ate, including any bona fide fringe benefits, beazs a reasonable
relationship to the wage rates contained in the wage determination.
(2) 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
Employment Standards Administration
U.S. Department of Labor
Washington, DC 20210
The Administrator or an authorized representative will approve, modify, or disapprove every
additonal classification action within 30 days ofreceipt and so advise the Contacting Officer or
will notify the Contacting Officer within the 30-day period teat additional time is. necessary.
(3) In the event the Contactor, the Laborers or mechanics to be employed in the classification, or their
representatives, and the Contacting Officer do not agree on the proposed classification and wage
ate (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
recommendaton of the Contracting Officer, to the Administator of the Wage atd Hour Division
for determinaton. The Administator, or an authorized representative, will issue a determination
within 30 days of receipt and so advise the Contractng Officer or will notify the Contacting
Officer within the 30-day period that additonal time is necessary.
(4) The wage rate (including fringe benefits, where appropriate) determined pursuant to
subpaagraphs (c)(2) and (c)(3) of this artole shall be paid to all workers performing work in the
Not Specified/Other 19
ogalo9
classification under this awazd from the fast day on which work is performed in the classification,
(d) Whenever the minimum wage rate prescribed in the awazd 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 detemrination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(e) .If the Contractor does not make payments to a trustee or other thtrd 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 Ad 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.
Rates of Wages
The minimum wages to be paid laborers and mechanics under this awazd involved in performance of work at
the project site, as detemilned by the Secretary of Labor to be prevailing for the corresponding classes of
laborers and mechanics employed on projects of a character similaz to the contract work in the pertinent
locality, aze included as an attachment to this awazd. These wage rates aze minimum rates and aze not intended
to represent the actual wage rates that the Contractor may have to pay.
Payrolls and Basic Records
(a) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the
work and preserved for a period of 3 yeazs thereafter for all laborers and mechanics working at the site of
the work. Such records shall contain the name, address, and social security number of each such worker, his
or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated
for bona fide fringe benefiu or cash equivalents thereof of ffib types described in section 1(bx2)(B) of the
Davis-Bacon Act), daily and weekly number of hours worked, deduotions made, and actual wages paid.
Whenever the Secretary of Labor has found, under paragraph (d) of the article entitled Davis-Bacon Act,
that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in
providing benefits under a plan or program descnl~ed in section 1(bx2)(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 fmancially 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. Contradon employing apprentices or trainees under approved
programs shall maintain written evidence of the registration of apprenticeship programs and certification of
trainee programs, the registratton of the apprentices and trainees, and the ratios and wage rates prescribed
in the applicable programs.
(b) (1) The Contractor shall submit weekly for each week in which any awazd work is performed a copy of all
payrolls to the Contracting Officer. The payrolls submitted shall set out accurately and wmpletely all
of the information requited to be maintained under paragraph (a) of this article. This information may
be submitted in any form desired. Optional Form WH-347 (Federal Stock Number 029-0OS-00014-1)
is available for this purpose and may be purchased fmm the -
Superintendent ofDocuments U.S. Government Printing Office Washington, DC 20402
The Prime Contractor is responsible for the submission of copies of payrolls by all subcontractors.
(2) 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 underdte awazd and shall certify --
(i) That the payroll for the payroll period contains the information required to be maintained under
paragraph (a) of this article and that such information is correct and complete;
(fi) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the
Not Specified/Other 20
i ~ ~ ~ 083109
awazd duringthe payroll period has been paid the full weekly wages earned, without rebate, either
drrectly 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 the Regulations, 29 CFR Part
3; and
(iii) 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 awazd.
(3) 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 subparagraph (b)(2) of this article.
(4) The falsification of any of the certifications in this article may subject the Contractoror subcontractor
to civil or criminal prosecufion under Section 1001 of Title 18 and Sectlon 3729 of Title 31 of the
United States Code.
(c) The Contractor or subcontractor shall make the records required under paragraph (a) of this article available
for inspection, copying, or transcription by the Contracting Officer or authorized representatives of the.
Contracting Officer or the Department of Labor. The Contractor or subcontractor shall permit the
Contracting Officer or representatives of the Contracting Officer or the Department of Labor to interview
employees during working hours on the job. If the Contractor or subcontractor failsto submit required
records or to make them available, the Contracting Officer may, after written notice to the Contractor, take
such action as may be necessary to cause the suspension of any further payment: Furthermore, failure to
submitthe required records upon request or to make such records available maybe grounds for debarment
action pursuant to 29 CFR 5.12.
Withholding of Fands ,
The Contracting Officer shall, upon his or her own action or upon written request of an authorized .
representative of the Department of Labor, withhold or cause to be withheld from the Contractor.under this
award or any other Federal awazd with the same Prime Contractor, or any other federally assisted awazd
subject to Davis-Bacon prevailing wage requirements, which is held by the same Prime Contractor, so
much of the accrued payments or advances as maybe considered necessary to pay laborers and mechanics,
inchrding apprentices, trainees, snd helpers, employed by the Contractor or any subcontractor the full
amount of wages required by the awazd. 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, allor part of the wages
required by the awazd, the Contracting Officer may, after written notice to the Contractor, take such action
as may be necessary to cause the suspension of any further payment, advance, or guazantee of funds until
such violations have ceased.
Apprentices and Trainees
(a) Apprentices.
(1) An apprentice will be permitted to work at less than the predetermined rate for the work they.
performed when they are employed-
(i) Pursuant to and individually registered in a bona fide apprenticeship program registered with
the U.S. Department of Labor, Empoyment and Training Administration, Office of
.Apprenticeship and Training, Employer, and Labor Services (OATELS) or with a State
Apprenticeship Agency recognized by the OATELS; or
(ii) In the first 90 days of probationary employment as an apprentice in such an apprenticeship
program, even though not individually registered in the program, if certified by the OATELS
or a State Apprenticeship Agency (where appropriate) to be eligible for probationary
employment as an apprentice.
(2) The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not
Not Specified/Other 21
•r ~ ~, ' ~ 083109
be greater than the ratoo permitted to the Contractor az to the entire work force under the registered.
program.
(3) Any worker listed on a payroll at an apprentice wage cafe, who is not registered or otherwise
employed az stated in paragraph (a)(1) of this article, shall bepaid not less than the applicable
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.
(4) 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 ofprogress, expressed az a percentage of the journeyman hourly rate specified
in the applicable wage determination.
(5) Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship
program. If the apprenticeship progam does not specify fringe benefits, apprenfices 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; hinges shall be paid in accordance with that determination.
(ti) 1n the event OATELS, or a State Apprenticeship Agency recognized by OATELS, withdraws
approval of an apprenticeship program, the Contractor will no longer be permitted to utilize
apprentices at less than the applicable predetemtined rate for the work performed until an
acceptable program is approved.
(b) Trainees.
(1) Except az provided in 29 CF12 5.16, trainees will notbe permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and individually
registered in a progam which has received prior approval, evidenced by formal certification by
the U.S. Department of Labor, Employment and Training Administration, Office of .
Apprenticeship Training, Employer, and Labor Services (OATELS). The ratio oftrainees to
. journeymen on the job site shall not be greater than permitted under the plan approved by
OATELS.
(2) 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 ofthe journeyman hourly rate specified in
the applicable wage determination. Trainees shall bepaid fringe benefits in accordance with the
provisions of the trainee program. If tbe trainee program does not mention fringe benefits, trainees
shall be paid the full amount of fringe benefits listed in 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 in 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 OATELS
shall be paid not less than the applicable wage rate in 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 in the wage determination for the work actually performed.
(3) In the event OATELS withdraws approval of a training program, the Contractor will no longer be
permitted to utilize trainees atless titan the applicable predetermined raze for the work performed
until an acceptable program is approved
Not Specified/Other 22
083109
(d) Equal employment opportunity. The ut0ization of apprentices, trainees, and journeymen under this
article shall be in conformity with the equal employment opportunity requirements of Executive
Order 11246, as amended, and 29 CFR Part 30.
Compliance with Copeland Act Requirements
The Contractor shall comply with the requirements of 29 CFR Part 3, which aze hereby incorporated by
reference in this award.
Subcontracts (Labor Standards)
(a) Definition. "Construction, alteration or repair," as used in this article means all types of work done by
laborers and mechanics employed by the construction Contractor or conatntction subcontractoron a
particulaz building or work at the site thereof; including without limitatiott-
(1) Altering, remodeling, installation (if appropriate) on the site of the work of items fabricated off-
site;
(2) Painting and decorating;
(3) Manufacturing or famishing of materials, articles, supplies, or equipment on the site. of the
building or work;
(4) Transportation of materials and supplies between the site of the work within the meaning of
paragraphs (a)(1)(i) and (u) of the "site of the work" as deemed in the article entitled Davis Bacon
Act of this awazd, and a facility which is dedicated to the construction of the buildmg or work and
is deemed part of the site of the work within the meaning of paragaph (2) of the "site of work"
definition; and
(5) Transportation of portions of the building or work between a secondary site where a significant
portion of the building or work is consructed, which is part of the "site of the work" defmition in
paragraph (a)(lxii) of the Davis-Bacon Act article, and the physical place or places where the
building or work will remain (patagraph (a)(1)(i) of the-Davis Bacon Act article, in the "site of the
work" definition).
(b) The Contractor or subcontractor shall insert in any subcontracts- for wnstruction, alterations and repairs
within the United States the articles entitled-
(1) Davis-Bacon Act;
(2) Contract Work Hour and Safety Standards Act --Overtime Compensation (if the article is.
included in this award);
(3) Apprentices and Trainees; '
(4) Payrolls and Basic Records;
(5) Compliance with Copeland Act Requirements;
(6) Withholdmg of Funds;
(7) Subcontracts (Labor Standazds);
(8) Contract Termination -Debarment;
(9) Disputes Concerning Labor Standazds; .
Not Specified/Other 23
-> 083109
(10)Compliance with Davis-Bacon and Related Act Regulations; and
(11) Certification of Eligibility.
(c) The Prime Contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor performing construction within the United States with all the awazd articles cited in
P~i~Ph (b)•
(d) (1)Within 14 days after issuance of the awazd, the Contractor shall deliver to the Contracting Officer a
completed Standard-Form (SF) 1413, Statement and Acknowledgment, for each subcontract for
construction within the United States, including the subcontractor's signed and dated aclmowledgment
that the articles set forth in pazagraph (b) of this article have been included in the subcontract.
Within 14 days after the award of any subsequently awazded subcontract the Contractor shall deliver to
the Contacting Officer an updated completed SF 1413 for such additional subcontract.
(e) The Contmctor shall insert the substance of this article, including this pazagaph (e) in all subconhacts
for constrnction within the United States.
Contract Termination -Debarment
A breach of the award articles entitled Davis-Bacon Act, Contract Work Hours and Safety Standards Act --
Overtime Compensation, Apprentices and Trainees, Payrolls and Basic Records, Compliance with
Copeland Act Requirements, Subcontracts (Labor Standards), Compliance with Davis-Bacon and Related
Act Regulations, or Certification of Eligibility may be grounds for termination of the whole awazd or in
part for the Recovery Act covered work only, and for debarment as a Contractor and subcontractor as
provided in 29 CFR 5.12.
Compliance with Davis-Bacon and Related Act Regulations
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5
aze hereby incorpoated by reference in this awazd:
Disputes Concerning Labor Standards
The United States Department of Labor has set forth in 29 CFR Parts 5, 6, and 7 procedures for resolving
disputes concerniiig labor standards requirements. Such disputes shall be resolved in accordance with those
procedures and not the Disputes and Appeals as defined in 10 CFR 600.22. Disputes within the meaning of
this article include disputes between the Contractor (or any of its subcontractors) and the contracting
agency, the U.S. Department of I:abor, or the employees or their representatives.
Certification of Eligibility
(a) By entering into this awazd, 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 5rm ineligible to be awazded
Government awards by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(b) No part of this award shall be subcontracted to any person or firm ineligible for awazd of a
Government awazd by virtue of section 3(a) of the Davis-Bacon Actor 29 CFR 5.12(a)(1).
(c) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
Approval of Wage Rates
All straight time wage rates, and overtime ates based thereon, for laborers and mechanics engaged in work
NotSpecified/Other 24
~> ~ ~ - 083109
under this awazd must be submitted for approval in writing by the head of the contracting activity or a
representative expressly designated for this purpose, if the straight time wages exceed the rates for
corresponding classifications contained in the applicable Davis-Bacon Act minimum wage detemilnation
included in the awazd. Any amount paid by the Contractor to any laborer or mechanic in excess of the
agency approved wage rate shal] beat the expense of the Contractor and shall not be reimbursed by the
Government. If the Government refuses to authorize the use of the overtime, the Contractor is not released
from the obligation to pay employees at the required overtime rates for any overtime actually worked.
31. HISTORIC PRESERVATION
Prior to the expenditure of Fedeial funds to alter any structure or site, the Recipient is required to comply
with the requirements of Section 106 of the National Historic Preservation Act (NHPA), consistent with
DOE's 20091etter of delegation of authority regazding the NHPA. Section 106 appliesto historic properties
that aze listed in or eligible for listing in the National Register of Historic Places. In order to fulfill the
requirements of Section 106, the Recipient must wntact the State Historic Preservation Officer (SHPO),
and, if applicable, the Tribal Historic Preservation Officer (THPO), to coordinate the Section 106 review
outlined in 36 CFR Part 800. SHPO contact information is available at the following link:
htto://www.ncshpo.ore/fmd/index.htm. THPO contact information is available at the following link:
http://www.nathpo.ore/man html.
Section 110(k) of the NHPA applies to DOE funded activities. Recipients shall avoid taking any action
that results in an adverse effect to historic properties pending compliance with Section 106.
Recipients should be awaze that the DOE Contracting Officer will consider compliance with Section 106 of
NHPA complete only after the Recipient has submitted adequate background documentation to the
SHPO/THPO for its review, and Ute SHPO/I'HPO has provided written concurrence to the Recipieht that it
does not object to its Section 106 finding or determination. Recipient shall provide a copy of this
concuaence to the Contracting Officer.
Not SpeciSed/Other 25
", ~, 083109
ATTACHMENT 1-INTELLECTUAL PROPERTY PRO VISIONS
Intellectual Property Provisions (NRD-1003)
Nonresearch and Development
Nonprofit organizations aze 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 awazd. DOE reserves aroyalty-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 awazd; 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 htfomration act (FOIA) request for research data relating to
published reseazch findings produced under an award that were used by the Federal Government in developing
ao 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. L`the DOE obtains the reseazch data solely in response to a FOIA
request, the agency may chazge the requester a reasonable fee equaling the full incremental cost of obtaining the
reseazch 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)(4XA)).
Not Specified/Other 26