R-10-08-26-10B2 - 8/26/2010RESOLUTION NO. R -10-08-26-10B2
WHEREAS, the Bureau of Reclamation was appropriated $1 billion under the American
Recovery and Reinvestment Act of 2009 to repair America's water infrastructure and help address the
country's long-term water supply challenges, and
WHEREAS, the City of Round Rock is approved to receive $1,228,575.00 in federal funds for
the design and construction of the Old Setters Park Reuse Water Line (Phase 1A) and the Treatment
and Pumping Improvements at the Brushy Creek Regional Wastewater Treatment Plant (Phase 1B) of
the Williamson County Water Reclamation and Reuse Project ("Project"), and
WHEREAS, the City of Round Rock wishes to enter into an Assistance Agreement with the
Bureau of Reclamation for reuse water funds for the Project, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an Assistance
Agreement with the Bureau of Reclamation, a copy of same being attached hereto as Exhibit "A" and
incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 26th day of August, 2010.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Secretary
O:\wdox\SCClnts\0112\ 1005\MUNICIPAL\00200323.DOC/rmc
EXHIBIT1
7-2279 (05-22-09)
Bureau of Reclamation
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
ASSISTANCE AGREEMENT
„A»
„A»
IA. AGREEMENT NUMBER
RIOAC60R43
1 B. MOD NUMBER
2. TYPE OF AGREEMENT
[ 1 GRANT
E X 1 COOPERATIVE AGREEMENT
3. CLASS OF RECIPIENT
Local Government
4. ISSUING OFFICE (NAME, ADDRESS)
5. RECIPIENT MMAME, ADDRESS, TELEPHONE)
Bureau of Reclamation
City of Round Rock
Great Plains Regional Office
221 East Main Street
P.O. Box 36900
Round Rock, TX 87664
Billings, MT 59107-6900
Ph. (5I2) 218-5403
EIN u:
74-6017485
County:
Williamson
DUNS II:
10-274-0792
Congress. Dist:
31
6. ADMINISTRATIVE POINT OF CONTACT (NAME. ADDRESS. TELEPHONE,E+MAlt)
7. RECIPIENT PROJECT MANAGER (NAM, ADDRESS, TELEPHONE,EMML)
Lindsey Nafts
Michael Thane
Giants Officer
Bureau of Reclamation
2008 Enterprise Drive
Round Rock,
Ph.Texas 78664
-3236
(512) 218-3236
Great Plains Regional Office
mthane@round-rock.tx.us
P.O. Box 36900
Billings, MT 59I07-6900
Ph. (406) 247-7684
Email: Inafts ausbr.gov
8. GRANTS OFFICER TECHNICAL REPRESENTATIVE (NAME, ADDRESS. PHONE, EMAD)
9A. INITIAL AGREEMENT
9B. MODIFICATION EFFECTIVE DATE:
EFFECTIVE DATE:
Collins K. Balcombe
Bureau of Reclamation
See Block Ila
Oklahoma Texas Area Office
10. COMPLETION DATE
5316 Hwy 290 West Ste. 510
December 31, 2011
Austin, TX 78745
Ph. (512) 899-4162
usbr.gov
Email: cbalcombe@usbr.gov
I IAA PROGRAM STATUTORY AUTHORITY
1 ID. CFDA Number
Reclamation Wastewater and Groundwater Study and Facilities Act, Title XVI, P.L. 102-575, as
Amended by P.L. 108-306
15.504
12. FUNDING
RECIPIENT/OTHER.
RECLAMATION
13. REQUISITION NUMBER
INFORMATION
Total Estimated Amount
of Agreement
85,750,338
81,228,575
14A. ACCOUNTING AND APPROPRIATION DATA
This Obligation
$5,750,338
$1,228,575
Previous Obligation
$ -0-
$ -0-
Total Obligation
$5,750,338
$1,228,575
140. TREASURY ACCOUNT FUNDING SYMBOL
Cost -Share %
82%
18%
14-0681
15. PROJECT TITLE AND BRIEF SUMMARY OF PURPOSE AND OBJECTIVES OF PROJECT
Williamson County Water Reclamation and Reuse Project — Phases IA and IB
16a. Acceptance of this Assistance Agreement in accordance with the terms and
17a. Award of this Assistance Agreement in accordance with (he terms and
conditions contained herein is hereby made on behalf of the above-named
conditions contained herein is hereby made on behalf of the United Stales of
recipient
BY:
America, Bureau of Reclamation
BY:
DATE:
DATE:
16b. NAME OF SIGNER
17b. NAME OF GRANTS OFFICER
Alan McGraw, Mayor
Chandler P. Worley
City of Round Rock
Chief Contracting Officer
0 Additional signatures are attached
DOCUMENTS INCORPORATED HEREIN BY REFERENCE:
TABLE OF CONTENTS
L OVERVIEW AND SCHEDULE 4
1. AUTHORITY 4
2. PUBLIC PURPOSE 4
3. BACKGROUND AND OBJECTIVES 4
4. PERIOD OF PERFORMANCE AND FUNDS AVAILABILITY 5
5. SCOPE OF WORK 6
6. RESPONSIBILITY OF THE PARTIES 8
7. BUDGET 9
8. KEY PERSONNEL 12
9. REPORTING REQUIREMENTS AND DISTRIBUTION 14
10. REGULATORY COMPLIANCE 17
11. RECLAMATION WAGE RATE IMPLEMENTATION REQUIREMENTS 18
II. STANDARD TERMS AND CONDITIONS FOR FINANCIAL ASSISTANCE
AWARDS FUNDED BY THE AMERICAN RECOVERY AND REINVESTMENT ACT
OF 2009 (PUB.L 111-5) 19
1. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED
GOODS --SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT
ACT OF 2009 (2 CFR §176.140) 19
2. Required Use of American Iron, Steel, and Manufactured Goods (covered under
International Agreements) -Section 1605 of the American Recovery and Reinvestment
Act of 2009. (2 CFR §1'76.160) 21
3. Recovery Act Transactions listed in Schedule of Expenditures of Federal Awards and
Recipient Responsibilities for Informing Sub -recipients. (2 CFR §176.210) 25
4. Wage Rate Requirements - Section 1605 of the American Recovery and Reinvestment
Act of 2009. (29 CFR §5.5) 26
5. Section 1511 Infrastructure Certification 32
6. Section 1515 - Access of Offices of Inspector General to Certain Records and
Employees. 32
7. Section 1553 - Protecting State and Local Government and Contractor
Whistleblowers. 32
8. Section 1604 - Limit on Funds 33
III. RECLAMATION STANDARD TERMS AND CONDITIONS - STATES, LOCAL
GOVERNMENTS, AND FEDERALLY RECOGNIZED INDIAN TRIBAL
GOVERNMENTS 33
1. Regulations and Guidance 33
2. Payment 34
3. Procurement Standards (43 CFR §12.76) 37
4. Equipment (43 CFR §12.72) 46
5. Supplies (43 CFR §12.73) 48
6. Inspection 49
7. Audit (31 U.S.C. 7501-7507) 49
8. Enforcement (43 CFR §12.83) 49
9. Termination For Convenience (43 CFR §12.84 50
10. Debarment and Suspension (2 CFR §1400) 51
Agreement No. RIOAC60R043 2
11. Drug -Free Workplace (43 CFR §43) 51
12. Assurances and Certifications Incorporated by Reference 51
13. Covenant Against Contingent Fees 52
14. Trafficking Victims Protection Act of 2000, PL 106-386, as amended (2 CFR
§175.15) 52
15. Contracting with Small and Minority Firms and Women's Business Enterprises 54
16. Endorsement of Commercial Products and Services 55
17. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(URA) (42 USC § 4601 et. Seq) 56
Agreement No. RIOAC60R043
3
Cooperative Agreement
Between
Bureau of Reclamation
And
City of Round Rock, Texas
For
American Recovery and Reinvestment Act of 2009
Williamson County Water Reclamation and Reuse Project
City of Round Rock, Texas
Phases IA and IB
I. OVERVIEW AND SCHEDULE
1. AUTHORITY
This Cooperative Agreement (Agreement) is entered into between the United States of America,
acting through the Department of Interior, Bureau of Reclamation, hereinafter referred to
as "Reclamation," and the City of Round Rock, hereinafter referred to as the "Recipient,"
pursuant to the Reclamation Wastewater and Groundwater Study and Facilities Act of 1992,
Public Law 102-575, Title XVI, Section 1621, as amended by the Williamson County Water
Recycling Act of 2004, Public Law 108-316, dated October 5, 2004.
2. PUBLIC PURPOSE
The statewide water planning initiative that originated with Texas Senate Bill 1 identifies
recycled water as a viable and necessary source of water to Williamson County over the next 50
years. A consolidated water reclamation and reuse system within the City of Round Rock, Texas
will help accelerate the conversion to effluent reuse at locations now using raw water, or potable
drinking water, for irrigation purposes and will free up current and future sources of raw and
potable drinking water.
The public will benefit from this agreement because it will facilitate the design and construction
of the preferred wastewater reuse alternative, thereby alleviating demands on potable water
supplies.
3. BACKGROUND AND OBJECTIVES
The Bureau of Reclamation was appropriated $1 billion under the American Recovery and
Reinvestment Act (ARRA) of 2009 to repair America's water infrastructure and help address the
country's long-term water supply challenges. Projects being funded under the Act have been
specifically identified and approved by the Secretary of the Interior. The City of Round Rock is
receiving $1,228,575 to complete Phases IA and IB of the Williamson County Water
Reclamation and Reuse Project.
Agreement No. RIOAC60R043 4
Williamson County is one of the fastest growing counties in the State of Texas. The San Gabriel
River, a tributary of the Brazos River, and the Edwards Aquifer in northern Williamson County
are drinking water sources for over 200,000 people. The Texas Water Development Board has
concluded that existing wells in the county are currently overdrafting available groundwater
supplies. Four cities in Williamson County have indicated a desire to construct recycling
projects to supplement water supplies. These include the cities of Round Rock, Georgetown,
Cedar Park, and Leander. Reclamation collaborated with these cities, along with the Lower
Colorado River Authority (LCRA) and Brazos River Authority (BRA), in the execution of a
Memorandum of Understanding (MOU) that outlines Title XVI program requirements and a
methodology for distributing Federal funds under the program. The Recipient is the only city
that has expressed an immediate interest in developing a recycling project. The remaining cities
have opted to move forward with projects at a later date.
This particular agreement details the responsibilities and costs associated with the design and
construction of water recycling facilities proposed by the Recipient, one of many cities located in
Williamson County. This project will offset the projected long-term water supply deficit, as
identified in the 2007 Water Distribution System Master Plan Update developed by the city. The
population in Round Rock has increased from 30,923 in 1990 to 109,053 in 2008 and is
projected to increase to 271,100 inhabitants by 2050. This increase in population is projected to
increase water demand from approximately 22,000 acre-feet/year (ac-ft/yr) to 58,000 ac-ft/yr by
2050, creating a water supply deficit of 7,000 ac-ft/yr.
4. PERIOD OF PERFORMANCE AND FUNDS AVAILABILITY
This Agreement becomes effective on the date shown in Block 17a of Form 7-2279, United
States of America, Department of the Interior, Bureau of Reclamation, Assistance Agreement.
The Agreement shall remain in effect until the date shown in Block 10 of Form 7-2279, United
States of America, Department of the Interior, Bureau of Reclamation, Assistance Agreement.
The period of performance for this Agreement may only be modified through written
modification of the Agreement by a Reclamation Grants Officer (GO).
Pursuant to the Act of Congress of June 17, 1902 (32 Stat. 388), and acts amendatory thereof or
supplementary thereto, all commonly known as Reclamation Law, funds for payment under this
Agreement are included in the American Recovery and Reinvestment Act of 2009 (Public Law
111-5). Funding for any optional year of the Agreement is contingent upon subsequent
Congressional funding.
Reclamation has $1,228,575 available for this Agreement. The Government's obligation under
this Agreement is contingent upon the availability of appropriated funds from which payment for
Agreement purposes can be made. No legal liability on the part of the Government for any
payment may arise until funds are made available to the GO for this Agreement, and until the
Recipient receives notice of such availability through formal modification of this Agreement by
the GO.
Agreement No. RIOAC60R043 5
It is recognized and agreed that all costs incurred by Reclamation related to the development and
administration of this Agreement are considered part of the total costs of the Project; and
therefore, the Recipient agrees to provide at minimum of 82 percent of the costs in accordance
with the Agreement. These costs include, but are not limited to, salary, overhead, travel, and
other costs directly, or indirectly, related to the Agreement, as determined by Reclamation.
Following the completion of each quarter of a fiscal year, Reclamation shall provide the
Recipient with a statement of all Reclamation costs for the previous quarter. The Recipient may
request explanations, or a review, of the costs included in the statement. However, the
Reclamation determination as to the validity of the costs is final.
5. SCOPE OF WORK
The Recipient proposes construction of treatment, storage, and pumping facilities at the Brushy
Creek Wastewater Treatment Plant (BCWWTP), along with installation of approximately 2.0
miles of pipelines to provide up to 2,500 acre-feet of Type I treated wastewater effluent per year
to customers. Implementation of the project is a significant part of the City's plans to address a
projected future water deficit.
The scope of work included under this agreement is herein divided into two phases: Phases IA
and IB. Remaining project phases (II — V) to install infrastructure delivering an additional 7
millions of gallons per day (MGD) are included as part of a separate Cooperative Agreement
(No. ROAC60018).
Phase IA of this agreement's scope of work includes the installation of 2.0 miles of pipeline from
the BCWWTP to Old Settler's Park (also known as the OSP Pipeline). Phase IB includes the
installation of the following at the BCWWTP: (1) a 1.0 MG storage clear well; (2) filter basins
and treatment filters; and (3) a pump station housing vertical turbine and horizontal split -case
pumps.
Listed below are the major tasks and project milestones by year and quarter. The starting date
for pre -award activities was January 1, 2010. The completion of all tasks and phases is
anticipated to be December 31, 2011. Reports will be submitted in accordance with Section 9
REPORTING REQUIREMENTS AND DISTRIBUTION.
2010 January -March, 1st Quarter
1. Pre -award and administrative work to complete design, select contractor, and award bids
2010 April -June, 2"d Quarter
1. Enter into contract with design engineer to complete water reuse projects Phase IA and
IB designs
2. Review and approve bid and construction documents (Phase 1A)
3. Complete design of Phase IA, Old Settlers Park (OSP) reuse water line
4. Advertise bids (Phase IA)
5. Pressure test existing 24" reuse water line (Phase IA and IB)
Agreement No. R10AC60R043 6
2010 July -September, 3rd Quarter
1. Receive, review, and award bids for construction (Phase IA)
2. Pre -construction conference and notice to proceed (Phase IA)
3. Mobilize and begin construction (Phase IA)
4. Complete design of Brushy Creek Wastewater Treatment Plant (BCWWTP) reuse water
facilities (Phase 1B)
5. Receive, review, and award bids for construction (Phase IB)
6. Install temporary fencing and erosion and sedimentation controls (Phase IA)
7. In-situ verification of existing utilities (Phase IA)
2010 October -December, 4th Quarter
1. Advertize bids (Phase IB)
2. Receive, review, and award bids for construction of BCWWTP (Phase IB)
3. Pre -construction conference and notice to proceed (Phase IB)
4. Mobilize and begin construction (Phase IB)
5. Furnish and install 24" reuse water line, including valves and fittings (Phase IA)
6. Furnish and install 12" reuse water line (Phase IA)
7. Various pavement and concrete repair and re -vegetation (Phase IA)
2011 January -March, 1st Quarter
1. Complete construction and close out site inspection of water reuse (Phase IA)
2. Install temporary fencing and erosion/sedimentation controls (Phase IB)
3. Construct filter basins (Phase IB)
4. Construct 1.0 MG clear well (Phase IB)
2011 April -June, 2" Quarter
1. Furnish and install treatment filters (Phase IB)
2. Construction of 1.0 MG clear well (Phase IB)
3. Furnish and install pump station (Phase IB)
4. Various pavement and concrete repair and re -vegetation (Phase IB)
2011 July -September, 3rd Quarter
1. Furnish and install pumps and controls
2. Construct miscellaneous treatment structures
3. Complete construction and close out site inspection of water reuse (Phase 1 B)
Agreement No. RIOAC60R043 7
6. RESPONSIBILITY OF THE PARTIES
6.1 Recipient Responsibilities
6.1.1 The Recipient shall be responsible for carrying out the Scope of Work in accordance with
the terms and conditions stated herein. The Recipient shall adhere to Federal, state, and local
laws, regulations, and codes, as applicable, and shall obtain all required approvals and permits.
If applicable, the Recipient shall also coordinate and obtain approvals from site owners and
operators.
6.1.2 Additional Recipient Responsibilities Include:
(a) Contribute $5,750,338 of the funds necessary to complete the activities identified in the
Scope of Work of this Agreement. This funding amount represents 82 percent of a total project
cost of $6,978,913. These funds may be obtained from any non -Federal source.
(b) Collaborate with Reclamation in completing the activities identified in the Scope of Work of
this Agreement.
(c) Create and obtain Reclamation approval of a work plan to which the Recipient agrees to
adhere including an outline of the portion of the project covered by this Agreement with target
dates for the achievement of project goals. Approval of the work plan will be incorporated into
this Agreement by modification by the GO.
(d) Consult with and seek input from Reclamation on maintaining the project within the work
plan and project goals as stated in this Agreement, and seek Reclamation concurrence for any
significant deviation from such work plan and project goals.
(e) Collaborate with Reclamation on technical and administrative aspects of the project through
periodic scheduled meetings with Reclamation personnel or periodic written updates.
(f) Provide Reclamation with reasoning, in writing, when the Recipient chooses not to implement
Reclamation's written advice or comments on any technical aspect of fulfilling the requirements
of this Agreement.
6.2 Reclamation Responsibilities
Substantial involvement between Reclamation and the Recipient is anticipated during the
performance of this Agreement. In support of this Agreement, Reclamation will provide the
following:
(a) Provide a financial contribution not to exceed $1,228,575, the available funding as specified
in Section I.4 (Period of Performance and Funds Availability of this Agreement). This amount
represents 18 percent of a total project cost of $6,978,913.
Agreement No. Rl0AC60R043 8
(b) Shall work with the Recipient, as necessary, to ensure that the Recipient adheres to the
specified work plan and meets specified project goals as set forth in this Agreement.
(c) Shall not continue to transfer funds, nor award subsequent cooperative agreements, to the
Recipient for work on the project unless the Recipient is in full compliance with the
requirements of the work plan and project goals that are included in this Agreement and has
obtained Reclamation concurrence for any deviations therefrom.
(d) Shall provide scientific or administrative advice on the development of the project. Such
advice will take into consideration factors such as: (1) the scientific complexities of the project;
(2) the Recipient's progress in meeting project goals; and (3) the Recipient's ability to meet the
proposed time schedule.
7. BUDGET
7.1 Approved Budget
A Detailed Budget is provided as Attachment "A" which is attached hereto and made part of this
Cooperative Agreement.
7.3 Cost Sharing Requirement
The Recipient will provide $5,750,338 of the funds necessary to coinplete the activities
identified in the Scope of Work of this Agreement. This amount represents 82 percent of a total
project cost of $6,978,913. Reclamation shall provide up to $1,228,575 of the funds necessary to
complete the activities identified in the Scope of Work of this Agreement. This amount
represents 18 percent of a total project cost of $6,978,913. Because the amount of Federal
ARRA funds currently allocated for this project is less than 25 percent of the Scope of Work
under this agreement, the Recipient may request Federal funds greater than 25 percent for
proposed activities covered under existing cooperative agreement No. ROAC60O18 between the
Recipient and Reclamation, as long as the Federal cost share does not exceed 25 percent of total
project costs.
7.4 Pre -Award Incurrence of Costs
The Recipient shall be entitled to have incurred costs for this Agreement for allowable costs
incurred on or after January 1, 2010 which, if had been incurred after this Agreement was
awarded, would have been allowable, allocable, and reasonable under the terms of the
Agreement, including the additional terms and conditions of the American Recovery and
Reinvestment Act of 2009 (Public Law 111-5). The estimated pre -award costs for this project
could total up to $615,861 depending on the execution date of this agreement.
Agreement No. RIOAC60R043 9
7.5 Allowable Costs (2 CFR Part §225)
Costs incurred for the performance of this Agreement must be allowable, allocable to the project,
and reasonable. The following Office of Management and Budget (OMB) Circular, codified
within the Code of Federal Regulations (CFR), governs the allowability of costs for Federal
financial assistance:
2 CFR Part 225 (OMB Circular A-87), "Cost Principles for State, Local, and Indian Tribal
Governments"
Expenditures for the performance of this Agreement must conform to the requirements within
this Circular. The Recipient must maintain sufficient documentation to support these
expenditures. Questions on the allowability of costs should be directed to the GO responsible for
this Agreement.
The Recipient shall not incur costs or obligate funds for any purpose pertaining to operation of
the program or activities beyond the expiration date stated in the Agreement. The only costs
which are authorized for a period of up to 90 days following the project performance period are
those strictly associated with closeout activities for preparation of the final report.
7.6 Changes (43 CFR §12.70).
(a) General. Grantees and subgrantees are permitted to rebudget within the approved direct cost
budget to meet unanticipated requirements and may make limited program changes to the
approved project. However, unless waived by the awarding agency, certain types of post -award
changes in budgets and projects shall require the prior written approval of the awarding agency.
(b) Relation to cost principles. The applicable cost principles (see § 12.62) contain requirements
for prior approval of certain types of costs. Except where waived, those requirements apply to all
grants and subgrants even if paragraphs (c) through (0 of this section do not.
(c) Budget changes.
(1) Nonconstruction projects. Except as stated in other regulations or an award document,
grantees or subgrantees shall obtain the prior approval of the awarding agency whenever any
of the following changes is anticipated under a nonconstruction award:
(i) Any revision which would result in the need for additional funding.
(ii) Unless waived by the awarding agency, cumulative transfers among direct cost
categories, or, if applicable, among separately budgeted programs, projects, functions, or
activities which exceed or are expected to exceed ten percent of the current total
approved budget, whenever the awarding agency's share exceeds $100,000.
(iii) Transfer of finds allotted for training allowances (i.e., from direct payments to
trainees to other expense categories).
Agreement No. R 10AC60R043 10
(2) Construction projects. Grantees and subgrantees shall obtain prior written approval for
any budget revision which would result in the need for additional funds.
(3) Combined construction and nonconstruction projects. When a grant or subgrant provides
funding for both construction and nonconstruction activities, the grantee or subgrantee must
obtain prior written approval from the awarding agency before making any fund or budget
transfer from nonconstruction to construction or vice versa.
(d) Programmatic changes. Grantees or subgrantees must obtain the prior approval of the
awarding agency whenever any of the following actions is anticipated:
(1) Any revision of the scope or objectives of the project (regardless of whether there is an
associated budget revision requiring prior approval).
(2) Need to extend the period of availability of funds.
(3) Changes in key persons in cases where specified in an application or a grant award. In
research projects, a change in the project director or principal investigator shall always
require approval unless waived by the awarding agency.
(4) Under nonconstruction projects, contracting out, subgranting (if authorized by law) or
otherwise obtaining the services of a third party to perform activities which are central to the
purposes of the award, unless included in the initial fuundingproposal. This approval
requirement is in addition to the approval requirements of 43 § 12.76 but does not apply to the
procurement of equipment, supplies, and general support services.
(e) Additional prior approval requirements. The awarding agency may not require prior approval
for any budget revision which is not described in paragraph (c) of this section.
(f) Requesting prior approval.
(1) A request for prior approval of any budget revision will be in the same budget form the
grantee used in its application and shall be accompanied by a narrative justification for the
proposed revision.
(2) A request for a prior approval under the applicable Federal cost principles (see § 12.62)
may be made by letter.
(3) A request by a subgrantee for prior approval will be addressed in writing to the grantee.
The grantee will promptly review such request and shall approve or disapprove the request in
writing. A grantee will not approve any budget or project revision which is inconsistent with
the purpose or terms and conditions of the Federal grant to the grantee.
If the revision, requested by the subgrantee would result in a change to the grantee's
approved project which requires Federal prior approval, the grantee will obtain the Federal
agency's approval before approving the subgrantee's request.
Agreement No. R 10AC60R043
11
7.7 Modifications
Any changes to this Agreement shall be made by means of a written modification. Reclamation
may make changes to the Agreement by means of a unilateral modification to address
administrative matters, such as changes in address, no -cost time extensions, the addition of
previously agreed upon funding, or deobligation of excess funds at the end of the Agreement.
Additionally, a unilateral modification may be utilized by Reclamation if it should become necessary to
suspend or terminate the Agreement in accordance with 43 CFR § 12.83.
All other changes shall be made by means of a bilateral modification to the Agreement. No oral
statement made by any person, or written statement by any person other than the GO, shall be
allowed in any manner or degree to modify or otherwise effect the terms of the Agreement.
All requests for modification of the Agreement shall be made in writing, provide a full
description of the reason for the request, and be sent to the attention of the GO. Any request for
project extension shall be made at least 45 days prior to the expiration date of the Agreement or
the expiration date of any extension period that may have been previously granted. Any
determination to extend the period of performance or to provide follow-on funding for
continuation of a project is solely at the discretion of Reclamation.
8. KEY PERSONNEL
8.1 Recipient's Key Personnel
The Recipient Project Manager for this Agreement shall be:
Michael Thane, P.E., Director of Infrastructure Management
2008 Enterprise Blvd.
Round Rock, Texas 78664
Ph: (512) 218-3236
Email: mthane@round-rock.tx.us
Additional key personnel for this Agreement are identified as follows:
Alan McGraw, Mayor
City of Round Rock
211 E. Main Street
Round Rock, Texas 78664
Ph: (512) 218-3236
Jim Nuse, City Manager
City of Round Rock
211 E. Main Street
Round Rock, TX 78664
Ph. (512) 218-5401
Changes to Key Personnel require compliance with 43 CFR 12.70(d)(3).
Agreement No. RIOAC60R043
12
8.2 Reclamation's Key Personnel
8.2.1 Grants Officer (GO):
Lindsey Nafts, Grants Officer
Bureau of Reclamation
Great Plains Regional Office
P.O. Box 36900
Billings, MT 59107-6900
Wk: (406) 247-7684
Email: Inafts@usbr.gov
The GO is the only official with legal delegated authority to represent Reclamation. The GO's
responsibilities include, but are not limited to, the following:
a) Formally obligate Reclamation to expend funds or change the funding level of the
Agreement;
b) Approve through formal modification changes in the scope of work and/or budget;
c) Approve through formal modification any increase or decrease in the period of performance
of the Agreement;
d) Approve through formal modification changes in any of the expressed terms, conditions, or
specifications of the Agreement;
e) Be responsible for the overall administration, management, and other non -programmatic
aspects of the Agreement including, but not Limited to, interpretation of financial assistance
statutes, regulations, circulars, policies, and terms of the Agreement;
f) Where applicable, ensures that Reclamation complies with the administrative requirements
required by statutes, regulations, circulars, policies, and terms of the Agreement.
8.2.2 Grants Officer Technical Representative (GOTR):
Collins Balcombe, Special Projects Director
Oklahoma -Texas Area Office
Bureau of Reclamation
5316 Highway 290 West Ste. 510
Austin, Texas 78735-8931
Ph: 512-899-4162
Fax: 512-899-4179
Email: cbalcombe@gp.usbr.gov
Agreement No. R10AC60R043 13
The GOTR's authority is Limited to technical and programmatic aspects of the Agreement. The
GOTR's responsibilities include, but are not limited to, the following:
a) Assist the Recipient, as necessary, in interpreting and carrying out the scope of work in the
Agreement;
b) Review, and where required, approve Recipient reports and submittals as required by the
Agreement;
c) Where applicable, monitor the Recipient to ensure compliance with the technical
requirements of the Agreement;
d) Where applicable, ensure that Reclamation complies with the technical requirements of the
Agreement;
The GOTR does not have the authority to and may not issue any technical assistance which:
a) Constitutes an assignment of additional work outside the scope of work of the Agreement;
b) In any manner causes an increase or decrease in the total estimated cost or the time required
for performance; or
c) Changes any of the expressed terms, conditions, or specifications of the Agreement.
9. REPORTING REQUIREMENTS AND DISTRIBUTION
Failure to comply with the reporting requirements contained in this Agreement may be
considered a material non-compliance with the terms and conditions of the award. Non-
compliance may result in withholding of payments pending receipt of required reports, denying
both the use of funds and matching credit for all or part of the cost of the activity or action not in
compliance, whole or partial suspension or termination of the Agreement, recovery of funds paid
under the Agreement, withholding of future awards, or other legal remedies (43 CFR § 12.83).
9.1.1 Reporting and Registration Requirements under Section 1512 of the American
Recovery and Reinvestment Act of 2009, Public Law 111-5 (2 CFR § 176.50)
(a) This award requires the recipient to complete projects or activities which are funded under
the American Recovery and Reinvestment Act of 2009 ("Recovery Act") and to report on use of
Recovery Act funds provided through this award. Information from these reports will be made
available to the public.
(b) The reports are due no later than ten calendar days after each calendar quarter in which the
recipient receives the assistance award funded in whole or in part by the Recovery Act.
(c) Recipients and their first-tier recipients must maintain current registrations in the Central
Contractor Registration (www.ccr.gov) at all times during which they have active federal awards
Agreement No. R10AC60R043 14
funded with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering System
(DUNS) Number (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) using the reporting
instructions and data elements that will be provided online at www.FederalReporting.gov and
ensure that any information that is pre -filled is corrected or updated as needed.
9.1.2 Noncompliance. Non-compliance with the required ARRA reporting requirements above
will result in withholding of payments pending receipt of the required reports. Repeated
noncompliance with the required ARRA reporting requirements stated above will result in
Reclamation taking appropriate enforcement or termination actions in accordance with 43 CFR
12.83 (See Section I1I.8 and Section I11.9 of this Agreement).
9.2 Financial Reports. Financial Status Reports shall be submitted by means of the SF -425
and shall be submitted according to the Report Frequency and Distribution schedule below. All
financial reports shall be signed by an Authorized Certifying Official for the Recipient's
organization. The SF -425 is available at
http://www.whitehouse.gov/omb/grants/grants_forms.html.
9.3 Monitoring and reporting program performance (43 CFR §12.80)
(a) Monitoring by grantees. Grantees are responsible for managing the day-to-day operations of
grant and subgrant supported activities. Grantees must monitor grant and subgrant supported
activities to assure compliance with applicable Federal requirements and that performance goals
are being achieved. Grantee monitoring must cover each program, function or activity.
(b) Nonconstruction performance reports. The Federal agency may, if it decides that
performance information available from subsequent applications contains sufficient information
to meet its programmatic needs, require the grantee to submit a performance report only upon
expiration or termination of grant support. Unless waived by the Federal agency this report will
be due on the same date as the final Financial Status Report.
(1) Grantees shall submit annual performance reports unless the awarding agency requires
quarterly or semi-annual reports. However, performance reports will not be required more
frequently than quarterly. Annual reports shall be due 90 days after the grant year, quarterly
or semi-annual reports shall be due 30 days after the reporting period. The final performance
report will be due 90 days after the expiration or termination of grant support. If a justified
request is submitted by a grantee, the Federal agency may extend the due date for any
performance report. Additionally, requirements for unnecessary performance reports may be
waived by the Federal agency.
Agreement No. RIOAC60R043 15
(2) Performance reports will contain, for each grant, brief information on the following:
(i) A comparison of actual accomplishments to the objectives established for the period.
Where the output of the project can be quantified, a computation of the cost per unit of
output may be required if that information will be useful.
(ii) The reasons for slippage if established objectives were not met.
(iii) Additional pertinent information including, when appropriate, analysis and
explanation of cost overruns or high unit costs.
(3) Grantees will not be required to submit more than the original and two copies of
performance reports.
(4) Grantees will adhere to the standards in this section in prescribing performance reporting
requirements for subgrantees.
(c) Construction performance reports. For the most part, on-site technical inspections and
certified percentage -of -completion data are relied on heavily by Federal agencies to monitor
progress under construction grants and subgrants. The Federal agency will require additional
formal performance reports only when considered necessary, and never more frequently than
quarterly.
(d) Significant developments. Events may occur between the scheduled performance reporting
dates which have significant impact upon the grant or subgrant supported activity. In such cases,
the grantee must inform the Federal agency as soon as the following types of conditions become
known:
(1) Problems, delays, or adverse conditions which will materially impair the ability to meet
the objective of the award. This disclosure must include a statement of the action taken, or
contemplated, and any assistance needed to resolve the situation.
(2) Favorable developments which enable meeting time schedules and objectives sooner or at
less cost than anticipated or producing more beneficial results than originally planned.
(e) Federal agencies may make site visits as warranted by program needs.
(1) Waivers, extensions.
(1) Federal agencies may waive any performance report required by this part if not needed.
(2) The grantee may waive any performance report from a subgrantee when not needed. The
grantee may extend the due date for any performance report from a subgrantee if the grantee
will still be able to meet its perfor nance reporting obligations to the Federal agency.
Agreement No. RI°AC60R043 16
9.4 Report Frequency and Distribution. The following table summarizes the reporting
requirements for this Agreement.
REQUIRED REPORTS
Interim Reports
Final Report
:Program Performance Report.
Format
Format required within
www.FederalReporting.gov.
Format required within
www.FederalReporting.gov.
Reporting Frequency
Quarterly
Final Report due upon completion
of Agreement's period of
performance
Reporting Period
Federal fiscal quarters ending:
December 31, March 31, June
30, September 30
Entire period of performance
Due Date
Within 10 days after the end
of the Reporting Period
Within 90 days after the completion
date of the Agreement
Submit to:
www.FederalReporting.gov;
www.FederalReporting.gov
for quarterly reporting before
www.FederalReporting.gov is
available, subtnit to both the
GO and GOTR for this
Agreement.
=:Financial Status Report
Format
SF -425
SF -425
Reporting Frequency
Quarterly
Final Report due upon completion
of Agreement's period of
performance
Reporting Period
Federal fiscal quarters ending:
December 31, March 31, June
30, September 30
Entire period of performance
Due Date
Within 30 days after the end
of the Reporting Period
Within 90 days after the completion
date of the Agreement
Send one original to both:
GO and GOTR
GO and GOTR
10. REGULATORY COMPLIANCE
The Recipient agrees to comply with or assist Reclamation in compliance all regulatory
compliance requirements and all applicable state, Federal, and local environmental and cultural
and paleontological resource protection laws and regulations as applicable to this project. These
may include, but are not limited to, the National Environmental Policy Act (NEPA) including the
Council on Environmental Quality and Departtnent of the Interior regulations implementing
NEPA, the Clean Water Act, the Endangered Species Act, consultation with potentially affected
Tribes, and consultation with the State Historic Preservation Office.
Certain environmental and other associated compliance are Federal responsibilities, and will
occur as appropriate Reclamation will identify the need for, and assure the completion of, any
appropriate environmental compliance requirements, as identified above, pursuant to activities
specific to this assisted activity. Environmental and other associated compliance shall be
completed prior to the start of this project. As such. notwithstanding any other provision of this
Agreement No. Rt0AC60R043 17
Agreement, Reclamation shall not provide any funds to the recipient for Agreement purposes,
and the Recipient shall not begin implementation of the assisted activity described in this
Agreement, unless and until Reclamation provides written notice to the recipient that all
applicable environmental and regulatory compliance analyses and clearances have been
completed, and the Recipient may begin implementation of the assisted activity.
11. RECLAMATION WAGE RATE IMPLEMENTATION REQUIREMENTS
This section serves as Reclamation specific implementation requirements for compliance with
Section II.4 of this Agreement, "Wage Rate Requirements - Section 1606 of the Recovery Act.
(29 CFR §5.5)". The Wage Rate Requirements do not apply to government agencies (such as
States or their political subdivisions) where the construction work is performed by the
govermnent agency's own employees. Davis -Bacon Act wage rate requirements do apply to
contracts issued by govermnent agencies for construction work. Monitoring contractor
performance and compliance is the primary responsibility of the Recipient. The Recipient agrees
to comply with Section 1I.4 of this Agreement and the following Reclamation implementation
requirements for all construction activities performed with an estimated value exceeding $2000:
(a) Certified Payrolls. The Recipient will obtain certified payrolls from all contractors and
subcontractors performing construction activities in support of this Agreement on a weekly
basis. Further, the Recipient shall review a representative sample of the data within these
payrolls as well as compare them with the independent inspection interviews conducted on
site to ensure that all contractors and subcontractors are in compliance with the Prevailing
Wage Rates that are Attachment "B" of this Agreement. The Recipient shall provide the
certified payrolls, the independent inspection documentation, and the documentation of
reviews must be submitted to the GOTR on a monthly basis.
(b) Signage Requirements. The wage determination (including any additional classifications
and wage rates conforrned) and a Davis -Bacon poster (WH -3121) must be posted at all times
by the Recipient at the site of the work in a prominent and accessible place where it can be
easily seen.
(c) Independent Inspections. As part of the construction inspection responsibilities of the
Recipient, the Recipient is responsible for ensuring that a sampling of interviews with on-site
laborers are conducted on at least a weekly basis. This documentation is to be submitted to
the GOTR at the same time as the certified payrolls are submitted.
(d) Resolution. Resolution of apparent discrepancies noted between the prevailing wage rates
and the certified payrolls is the responsibility of the Recipient, the GOTR, the GO, and the
contractor. Documentation of any resolutions must be provided to the GOTR in a timely
fashion.
Agreement No. R10AC60R043 18
II. STANDARD TERMS AND CONDITIONS FOR FINANCIAL ASSISTANCE
AWARDS FUNDED BY THE AMERICAN RECOVERY AND REINVESTMENT ACT
OF 2009 (PUB.L 111-5)
1. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED
GOODS—SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT
ACT OF 2009 (2 CFR §176.140)
(a) Definitions. As used in this award tern and condition—
"Manufactured good" means a good brought to the construction site for incorporation into the
building or work that has been --
(1) Processed into a specific form and shape; or
(2) Combined with other raw material to create a material that has different properties than
the properties of the individual raw materials.
"Public building" and "public work" means a public building of, and a public work of, a
governmental entity (the United States; the District of Columbia; commonwealths, territories,
and minor outlying islands of the United States; State and local governments; and multi -State,
regional, or interstate entities which have governmental functions). These buildings and works
may include, without limitation, bridges, darns, plants, highways, parkways, streets, subways,
tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports,
terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and
canals, and the construction, alteration, maintenance, or repair of such buildings and works.
"Steel" means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon,
and may include other elements.
(b) Domestic preference.
(1) This award term and condition implements Section 1605 of the Recovery Act (Pub. L.
111-5), by requiring that all iron, steel, and manufactured goods used in the project are
produced in the United States except as provided in paragraph (b)(3) and (b)(4) of this term
and condition.
(2) This requirement does not apply to the material listed by the Federal Government as
follows: NONE
(3) The award official may add other iron, steel, and/or manufactured goods to the list in
paragraph (b)(2) of this term and condition if the Federal government determines that:
(i) The cost of the domestic iron, steel, and/or manufactured goods would be
unreasonable. The cost of domestic iron, steel, or manufactured goods used in the project
is unreasonable when the cumulative cost of such material will increase the cost of the
overall project by more than 25 percent;
Agreement No. R10AC60R043 19
(ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the
United States in sufficient and reasonably available quantities and of a satisfactory
quality; or
(iii) The application of the restriction of section 1605 of the Recovery Act would be
inconsistent with the public interest.
(c) Request for determination of inapplicability of Section 1605 of the Recovery Act.
(1)(i) Any recipient request to use foreign iron, steel, and/or manufactured goods in
accordance with paragraph (b)(3) of this term and condition shall include adequate
information for Federal Govermnent evaluation of the request, including—
(A) A description of the foreign and domestic iron, steel, and/or manufactured goods;
(B) Unit of measure;
(C) Quantity;
(D) Cost;
(E) Time of delivery or availability;
(F) Location of the project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign iron, steel, and/or
manufactured goods cited in accordance with paragraph (b)(3) of this term and
condition.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market
and a completed cost comparison table in the format in paragraph (d) of this term and
condition.
(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.
Agreement No. RIOAC60R043 20
(2) If the Federal government determines after funds have been obligated for a project for
construction, alteration, maintenance, or repair that an exception to section 1605 of the
Recovery Act applies, the award official will amend the award to allow use of the foreign
iron, steel, and/or relevant manufactured goods. When the basis for the exception is
nonavailability or public interest, the amended award shall reflect adjustment of the award
amount, redistribution of budgeted funds, and/or other actions taken to cover costs associated
with acquiring or using the foreign iron, steel, and/or relevant manufactured goods. When the
basis for the exception is the unreasonable cost of the domestic iron, steel, or manufactured
goods, the award official shall adjust the award amount or redistribute budgeted funds by at
least the differential established in 2 CFR 176.110(a).
(3) Unless the Federal Government determines that an exception to section 1605 of the
Recovery Act applies, use of foreign iron, steel, and/or manufactured goods is noncompliant.
(d) Data. To permit evaluation of requests under paragraph (b) of this term and condition 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 of Measure
Quantity
Cost (Dollars)*
Item 1:
Foreign steel, iron, or
manufactured good
Domestic steel, iron, or
manufactured good
Item 2:
Foreign steel, iron, or
manufactured good
Domestic steel, iron, or
manufactured good
2. Required Use of American Iron, Steel, and Manufactured Goods (covered under
International Agreements)—Section 1605 of the American Recovery and Reinvestment Act
of 2009. (2 CFR §176.160)
(a) Definitions. As used in this award term and condition—
"Designated country" --
(1) A World Trade Organization Government Procurement Agreement country (Aruba,
Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland,
France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea
(Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway,
Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden,
Switzerland, and United Kingdom;
Agreement No. RIOAC60R043
21
(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Costa Rica,
Dominican Republic, El Salvador, Guatemala, Honduras, Israel, Mexico, Morocco,
Nicaragua, Oman, Peru, or Singapore); or
(3) A United States -European Communities Exchange of Letters (May 15, 1995) country:
Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France,
Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta,
Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, and
United Kingdom.
"Designated country iron, steel, and/or manufactured goods" --
(1) Is wholly the growth, product, or manufacture of a designated country; or
(2) In the case of a manufactured good that consist in whole or in part of materials from
another country, has been substantially transformed in a designated country into a new and
different manufactured good distinct from the materials from which it was transformed.
"Domestic iron, steel, and/or manufactured good" --
(1) Is wholly the growth, product, or manufacture of the United States; or
(2) In the case of a manufactured good that consists in whole or in part of materials from
another country, has been substantially transformed in the United States into a new and
different manufactured good distinct from the materials from which it was transformed.
There is no requirement with regard to the origin of components or subcomponents in
manufactured goods or products, as long as the manufacture of the goods occurs in the
United States.
"Foreign iron, steel, and/or manufactured good" means iron, steel and/or manufactured good that
is not domestic or designated country iron, steel, and/or manufactured good.
"Manufactured good" means a good brought to the construction site for incorporation into the
building or work that has been --
(1) Processed into a specific form and shape; or
(2) Combined with other raw material to create a material that has different properties than
the properties of the individual raw materials.
"Public building" and "public work" means a public building of, and a public work of, a
governmental entity (the United States; the District of Columbia; commonwealths, territories,
and minor outlying islands of the United States; State and local governments; and multi -State,
regional, or interstate entities which have governmental functions). These buildings and works
may include, without limitation, bridges, dams, plants, highways, parkways, streets, subways,
tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports,
Agreement No. RI0AC60R043 22
terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and
canals, and the construction, alteration, maintenance, or repair of such buildings and works.
"Steel" means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon,
and may include other elements.
(b) Iron, steel, and manufactured goods.
(1) This award term and condition implements
(i) Section 1605(a) of the Recovery Act (Pub. L. 111-5), by requiring that all iron, steel,
and manufactured goods used in the project are produced in the United States; and
(ii) Section 1605(d), which requires application of the Buy American requirement in a
manner consistent with U.S. obligations under international Agreements. The restrictions
of section 1605 of the Recovery Act do not apply to designated country iron, steel, and/or
manufactured goods. The Buy American requirement in section 1605 shall not be applied
where the iron, steel or manufactured goods used in the project are from a Party to an
international Agreement that obligates the recipient to treat the goods and services of that
Party the same as domestic goods and services. This obligation shall only apply to
projects with an estimated value of $7,443,000 or more.
(2) The recipient shall use only domestic or designated country iron, steel, and manufactured
goods in performing the work funded in whole or part with this award, except as provided in
paragraphs (b)(3) and (b)(4) of this term and condition.
(3) The requirement in paragraph (b)(2) of this term and condition does not apply to the iron,
steel, and manufactured goods listed by the Federal Government as follows: NE
(4) The award official may add other iron, steel, and manufactured goods to the list in
paragraph (b)(3) of this award term and condition if the Federal government determines
that—
(i) The cost of domestic iron, steel, and/or manufactured goods would be unreasonable.
The cost of domestic iron, steel, and/or manufactured goods used in the project is
unreasonable when the cumulative cost of such material will increase the overall cost of
the project by more than 25 percent;
(ii) The iron, steel, and/or manufactured goods is not produced, or manufactured in. the
United States in sufficient and reasonably available commercial quantities of a
satisfactory quality; or
(iii) The application of the restriction of section 1605 of the Recovery Act would be
inconsistent with the public interest.
Agreement No. R 10AC60R043 23
(c) Request for determination of inapplicability of section 1605 of the Recovery Act or the Buy
American Act.
(1)(i) Any recipient request to use foreign iron, steel, and/or manufactured goods in
accordance with paragraph(b)(4) of this term and condition shall include adequate
information for Federal Government evaluation of the request, including—
(A) A description of the foreign and domestic iron, steel, and/or manufactured goods;
(B) Unit of measure;
(C) Quantity;
(D) Cost;
(E) Time of delivery or availability;
(F) Location of the project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign iron, steel, and/or
manufactured goods cited in accordance with paragraph (b)(4) of this term and
condition.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market
and a completed cost comparison table in the format in paragraph (d) of this term and
condition.
(iii) The cost of iron, steel, or manufactured goods shall include all delivery costs to the
construction site and any applicable duty.
(iv) Any recipient request for a determination submitted after Recovery Act funds have
been obligated for a project for construction, alteration, maintenance, or repair shall
explain why the recipient could not reasonably foresee the need for such determination
and could not have requested the determination before the funds were obligated. If the
recipient does not submit a satisfactory explanation, the award official need not make a
determination.
(2) If the Federal government determines after funds have been obligated for a project for
construction, alteration, maintenance, or repair that an exception to section 1 605 of the
Recovery Act applies, the award official will amend the award to allow use of the foreign
iron, steel, and/or relevant manufactured goods. When the basis for the exception is
nonavailability or public interest, the amended award shall reflect adjustment of the award
ainount, 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
Agreement No. RI0AC60R043 24
goods. When the basis for the exception is the unreasonable cost of the domestic iron, steel,
or manufactured goods, the award official shall adjust the award amount or redistribute
budgeted funds, as appropriate, by at least the differential established in 2 CFR 176.110(a).
(3) Unless the Federal Government determines that an exception to the section 1605 of the
Recovery Act applies, use of foreign iron, steel, and/or manufactured goods other than
designated country iron, steel, and/or manufactured goods is noncompliant with the
applicable Act.
(d) Data. To permit evaluation of requests under paragraph (b) of this term and condition based
on unreasonable cost, the applicant shall include the following information and any applicable
supporting data based on the survey of suppliers:
FOREIGN AND DOMESTIC ITEMS COST COMPARISON
Description
Unit of Measure
Quantity
Cost (Dollars)*
Item 1:
Foreign steel, iron, or
manufactured good
Domestic steel, iron, or
manufactured good
Item 2:
Foreign steel, iron, or
manufactured good
Domestic steel, iron, or
manufactured good
3. Recovery Act Transactions listed in Schedule of Expenditures of Federal Awards and
Recipient Responsibilities for Informing Sub -recipients. (2 CFR §176.210)
(a) To maximize the transparency and accountability of funds authorized under the Recovery Act
as required by Congress and in accordance with OMB A-102 Common Rules provisions,
recipients agree to maintain records that identify adequately the source and application of
Recovery Act funds
(b) For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular A-
133, "Audits of States, Local Governments, and Non -Profit Organizations," recipients agree to
separately identify the expenditures for Federal awards under the Recovery Act on the Schedule
of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF -SAC) required by
OMB Circular A-133. This shall be accomplished by identifying expenditures for Federal awards
made under Recovery Act separately on the SEFA, and as separate rows under Item 9 of Part III
on the SF -SAC by CFDA number, and inclusion of the prefix "ARRA-" in identifying the name
of the Federal program on the SEFA and as the first characters in Item 9d of Part III on the SF -
SAC.
Agreement No. R1OAC60R043 25
(c) Recipients agree to separately identify to each sub -recipient, and document at the time of sub -
award and at the time of disbursement of funds, the Federal award number, CFDA number, and
amount of Recovery Act funds. When a recipient awards Recovery Act funds for an existing
program, the information furnished to sub -recipients shall distinguish the sub -awards of
incremental Recovery Act funds from regular sub -awards under the existing program.
(d) Recipients agree to require their sub -recipients to include on their SEFA information to
specifically identify Recovery Act funding similar to the requirements for the recipient SEFA
described above. This information is needed to allow the recipient to properly monitor sub -
recipient expenditure of ARRA funds as well as oversight by the Federal awarding agencies,
Offices of Inspector General and the Government Accountability Office
4. Wage Rate Requirements - Section 1606 of the American Recovery and Reinvestment
Act of 2009. (29 CFR §5.5)
The Recipient shall comply with the following wage rate requirements. In the context of these
provisions of this Agreement, the following terms are held to be equivalent:
"Contracting Officer" and "Grants Officer"
Contract provisions and related matters
(1) Minimum wages.
(i) All Laborers and mechanics employed or working upon the site of the work (or under the
United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or
development of the project), will be paid unconditionally and not less often than once a week,
and without subsequent deduction or rebate on any account (except such payroll deductions as
are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR
part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due
at time of payment computed at rates not less than those contained in the wage determination of
the Secretary of Labor which is attached hereto and made a part hereof, regardless of any
contractual relationship which may be alleged to exist between the contractor and such laborers
and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section
1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to
such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also,
regular contributions made or costs incurred for more than a weekly period (but not less often
than quarterly) under plans, funds, or programs which cover the particular weekly period, are
deemed to be constructively made or incurred during such weekly period. Such laborers and
mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination
for the classification of work actually performed, without regard to skill, except as provided in
§5.5(a)(4). Laborers or mechanics performing work in more than one classification may be
compensated at the rate specified for each classification for the time actually worked therein:
Provided, That the employer's payroll records accurately set forth the time spent in each
classification in which work is performed. The wage determination (including any additional
Agreement No. R10AC60R043 26
classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis -
Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at
the site of the work in a prominent and accessible place where it can be easily seen by the
workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including
helpers, which is not listed in the wage determination and which is to be etnployed under the
contract shall be classified in conformance with the wage determination. The contracting officer
shall approve an additional classification and wage rate and fringe benefits therefore only when
the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification
in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and the contracting officer agree on the classification and wage
rate (including the amount designated for fringe benefits where appropriate), a report of the
action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour
Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC
20210. The Administrator, or an authorized representative, will approve, modify, or disapprove
every additional classification action within 30 days of receipt and so advise the contracting
officer or will notify the contracting officer within the 30 -day period that additional time is
necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or
their representatives, and the contracting officer do not agree on the proposed classification and
wage rate (including the amount designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the views of all interested parties and the
recommendation of the contracting officer, to the Administrator for determination. The
Administrator, or an authorized representative, will issue a determination within 30 days of
receipt and so advise the contracting officer or will notify the contracting officer within the 30 -
day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in
the classification under this contract from the first day on which work is performed in the
classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall
Agreement No. RI0AC60R043
27
either pay the benefit as stated in the wage determination or shall pay another bona fide fringe
benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor
may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably
anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the
Secretary of Labor has found, upon the written request of the contractor, that the applicable
standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the meeting of obligations under the plan
or program.
(2) Withholding. The Recipient shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld from the
contractor under this contract or any other Federal contract with the same prime contractor, or
any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements,
which is held by the same prime contractor, so much of the accrued payments or advances as
may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and
helpers, employed by the contractor or any subcontractor the full amount of wages required by
the contract. In the event of failure to pay any laborer or mechanic, including any apprentice,
trainee, or helper, employed or working on the site of the work (or under the United States
Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the
project), alt or part of the wages required by the contract, Reclamation may, after written notice
to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds until such violations have
ceased.
(3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained
by the contractor during the course of the work and preserved for a period of three years
thereafter for all laborers and mechanics working at the site of the work (or under the United
States Housing Act of 1937, or under the Housing Act of 1949, in the construction or
development of the project). Such records shall contain the name, address, and social security
number of each such worker, his or her correct classification, hourly rates of wages paid
(including rates of contributions or costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily
and weekly number of hours worked, deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated in providing benefits under a
plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall
maintain records which show that the commitment to provide such benefits is enforceable, that
the plan or program is financially responsible, and that the plan or program has been
communicated in writing to the laborers or mechanics affected, and records which show the costs
anticipated or the actual cost incurred in providing such benefits. Contractors employing
apprentices or trainees under approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of trainee programs, the registration of
the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
Agreement No. R10AC60R043
28
(ii)(A) Tlie contractor shall submit weekly for each week in which any contract work is
performed a copy of all payrolls to Reclamation if the agency is a party to the contract, but if the
agency is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or
owner, as the case may be, for transmission to Reclamation. The payrolls submitted shall set out
accurately and completely all of the information required to be maintained under 29 CFR
5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on
weekly transmittals. Instead the payrolls shall only need to include an individually identifying
number for each employee ( e.g. , the last four digits of the employee's social security number).
The required weekly payroll information may be submitted in any form desired. Optional Form
WH -347 is available for this purpose from the Wage and Hour Division Web site at
http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is
responsible for the submission of copies of payrolls by all subcontractors. Contractors and
subcontractors shall maintain the full social security number and current address of each covered
worker, and shall provide them upon request to Reclamation if the agency is a party to the
contract, but if the agency is not such a party, the contractor will submit them to the applicant,
sponsor, or owner, as the case may be, for transmission to Reclamation, the contractor, or the
Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of
compliance with prevailing wage requirements. It is not a violation of this section for a prime
contractor to require a subcontractor to provide addresses and social security numbers to the
prime contractor for its own records, without weekly submission to the sponsoring govermnent
agency (or the applicant, sponsor, or owner).
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the
contractor or subcontractor or his or her agent who pays or supervises the payment of the persons
employed under the contract and shall certify the following:
(1 ) That the payroll for the payroll period contains the information required to be provided
under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being
maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is
correct and complete;
(2 ) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on
the contract during the payroll period has been paid the full weekly wages earned, without
rebate, either directly or indirectly, and that no deductions have been made either directly or
indirectly from the full wages earned, other than permissible deductions as set forth in
Regulations, 29 CFR part 3;
(3 ) That each laborer or mechanic has been paid not less than the applicable wage rates and
fringe benefits or cash equivalents for the classification of work performed, as specified in the
applicable wage determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of
Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of
Compliance" required by paragraph (a)(3)(ii)(B) of this section.
Agreement No. Rt0AC60R043 29
(D) The falsification of any of the above certifications may subject the contractor or
subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of
title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of
this section available for inspection, copying, or transcription by authorized representatives of
Reclamation or the Department of Labor, and shall permit such representatives to interview
employees during working hours on the job. If the contractor or subcontractor fails to submit the
required records or to make them available, the Federal agency may, after written notice to the
contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to
submit the required records upon request or to make such records available may be grounds for
debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees (i) Apprentices. Apprentices will be permitted to work at Less than
the predetermined rate for the work they performed when they are employed pursuant to and
individually registered in a bona fide apprenticeship program registered with the U.S.
Department of Labor, Employment and Training Administration, Office of Apprenticeship
Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by
the Office, or if a person is employed in his or her first 90 days of probationary employment as
an apprentice in such an apprenticeship program, who is not individually registered in the
program, but who has been certified by the Office of Apprenticeship Training, Employer and
Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on
the job site in any craft classification shall not be greater than the ratio permitted to the
contractor as to the entire work force under the registered program. Any worker listed on a
payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above,
shall be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any apprentice performing work on the
job site in excess of the ratio permitted under the registered program shall be paid not less than
the applicable wage rate on the wage determination for the work actually performed. Where a
contractor is performing construction on a project in a locality other than that in which its
program is registered, the ratios and wage rates (expressed in percentages of the journeyman's
hourly rate) specified in the contractor's or subcontractor's registered program shall be observed.
Every apprentice must be paid at not less than the rate specified in the registered program for the
apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified
in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance
with the provisions of the apprenticeship program. If the apprenticeship program does not
specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the
wage determination for the applicable classification. If the Administrator determines that a
different practice prevails for the applicable apprentice classification, fringes shall be paid in
accordance with that determination. In the event the Office of Apprenticeship Training,
Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office,
withdraws approval of an apprenticeship program, the contractor will no longer be permitted to
utilize apprentices at less than the applicable predetermined rate for the work performed until an
acceptable program is approved.
Agreement No. R1 OAC60R043 30
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less
than the predetermined rate for the work performed unless they are employed pursuant to and
individually registered in a program which has received prior approval, evidenced by formal
certification by the U.S. Department of Labor, Employment and Training Administration. The
ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Every trainee must be paid at not
less than the rate specified in the approved program for the trainee's level of progress, expressed
as a percentage of the journeyman hourly rate specified in the applicable wage determination.
Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If
the trainee program does not mention fringe benefits, trainees shall be paid the full amount of
fringe benefits listed on the wage determination unless the Administrator of the Wage and Flour
Division determines that there is an apprenticeship program associated with the corresponding
journeyman wage rate on the wage determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and
participating in a training plan approved by the Employment and Training Administration shall
be paid not less than the applicable wage rate on the wage determination for the classification of
work actually performed. In addition, any trainee performing work on the job site in excess of
the ratio permitted under the registered program shall be paid not less than the applicable wage
rate on the wage determination for the work actually performed. In the event the Employment
and Training Administration withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen
under this part shall be in conformity with the equal employment opportunity requirements of
Executive Order 11246, as amended, and 29 CFR part 30.
(5) Compliance with Copeland Act requirements. The contractor shall comply with the
requirements of 29 CFR part 3, which are incorporated by reference in this contract.
(6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses
contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as Reclamation may by
appropriate instructions require, and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29
CFR 5.5.
(7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be
grounds for termination of the contract, and for debarment as a contractor and a subcontractor as
provided in 29 CFR 5.12.
(8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations
of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein
incorporated by reference in this contract.
Agreement No. RIOAC60R043 31
(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of
this contract shall not be subject to the general disputes clause of this contract. Such disputes
shall be resolved in accordance with the procedures of the Department of Labor set forth in 29
CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the
contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of
Labor, or the employees or their representatives.
(10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that
neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a
person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the
Davis -Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C.
1001.
5. Section 1511 - Infrastructure Certification. Pursuant to Title XV, Subtitle A, Section 1511
of the American Recovery and Reinvestment Act of 2009 (Pub. L. 11-5 (Feb. 17, 2009)
("ARRA"), the Recipient hereby certifies that the infrastructure investment funded by ARRA has
received the full review and vetting required by law and that the Recipient accepts responsibility
that such investment is an appropriate use of taxpayer dollars.
6. Section 1515 — Access of Offices of Inspector General to Certain Records and
Employees. Subtitle A, Section 1515 of the American Recovery and Reinvestment Act of 2009
(Pub. L. 11-5 (Feb. 17, 2009) ("ARRA"), any representative of an appropriate inspector general
appointed under section 3 of 8G of the Inspector General Act of 1978 (5 U.S.C. App.) is
authorized —
(1) To examine any records of the Recipient, any of its subcontractors or subgrantees, or any
State or local agency administering such contract, that pertain to, and involve transactions
relating to, the contract, subcontract, grant, or subgrant; and
(2) To interview any officer or employee of the contractor, Recipient, subgrantee, or agency
regarding such transactions.
7. Section 1553 — Protecting State and Local Government and Contractor Whistleblowers.
(a) The Recipient shall post notice of employees rights and remedies for whistleblower
protections provided under section 1553 of the American Recovery and Reinvestment Act of
2009 (Pub. L. 111-5).
Agreement No. R t 0AC6OR043 32
(b) The Recipient shall include the substance of this clause including this paragraph (b) in all
subcontracts.
(c) The Recipient and any sub -recipient awarded funds made available under the ARRA shall
promptly refer to the Department of the Interior, Office of the Inspector General, and the GO any
credible evidence that a principal, employee, agent, contractor, sub -recipient, subcontractor, or
other person has submitted a false claim under the False Claims Act or has committed a criminal
or civil violation of laws pertaining to fraud, conflict or interest, bribery, gratuity, or similar
misconduct involving those funds. The Department of the Interior, Office of Inspector General
can be reached at wwww.doioig.gov or hotline number at (800) 424-5081.
8. Section 1604 -- Limit on Funds.
No funding provided through this Agreement will be used to construct physical facilities located
upon any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool
or to make physical connections to deliver water directly to any casino or other gambling
establishment, aquarium, zoo, golf course, or swimming pool.
III. RECLAMATION STANDARD TERMS AND CONDITIONS - STATES, LOCAL
GOVERNMENTS, AND FEDERALLY RECOGNIZED INDIAN TRIBAL
GOVERNMENTS
1. Regulations and Guidance
The regulations at 43 CFR, Part 12, Subparts A, C, E, and F, are hereby incorporated by
reference as though set forth in full text. The following Office of Management and Budget
(OMB) Circulars, as applicable, and as implemented by 43 CFR Part 12, are also incorporated by
reference and made a part of this Agreement. Failure of a Recipient to comply with any
applicable regulation or circular may be the basis for withholding payments for proper charges
made by the Recipient and/or for termination of support. Copies of OMB Circulars are available
at http://www.whitehouse.gov/ornb/grants/grants_circulars.html . The implementation of the
circulars at 43 CFR Part 12 is available at http://www.gpoaccess.gov/ecfr.
1.1 Colleges and Universities that are Recipients or Subrecipients shall use the following:
2 CFR Part 220 (Circular A 21), "Cost Principles for Educational Institutions"
Circular A 110, as amended September 30, 1999, "Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit
Organizations" (Codification by Department of Interior, 43 CFR 12, Subpart F)
31 U.S.C. 7501-7507 (Circular A-133), revised June 27, 2003, "Audits of States, Local
Governments, and Non -Profit Organizations"
Agreement No. RIOAC60R043 33
1.2 State, Local and Tribal Governments that are Recipients or SubRecipients shall use the
following:
2 CFR Part 225 (Circular A 87), "Cost Principles for State, Local, and Indian Tribal
Governments"
43 CFR 12, Subpart C (Circular A 102), as amended August 29, 1997, "Grants and Cooperative
Agreements with State and Local Governments"
31 U.S.C. 7501-7507 (Circular A-133, revised June 27, 2003, "Audits of States, Local
Governments, and Non -Profit Organizations"
1.3 Nonprofit Organizations that are Recipients or Subrecipients shall use the following:
2 CFR Part 230 (Circular A 122), "Cost Principles for Non -Profit Organizations"
Circular A 110, as amended September 30, 1999, "Uniform Administrative Requirements for
Grants and Agreements With Institutions of Higher Education, Hospitals, and Other Non -Profit
Organizations" (Codification by Department of Interior, 43 CFR 12, Subpart F).
31 U.S.C. 7501-7507 (Circular A-133, revised June 27, 2003, "Audits of States, Local
Govermnents, and Non -Profit Organizations"
1.4 Organizations other than those indicated above that are Recipients or Subrecipients shall use
the basic principles of OMB Circular A-110 (Codification by Department of Interior, 43 CFR 12,
Subpart F), and cost principles shall be in accordance with 48 CFR Subpart 31.2, titled
"Contracts with Commercial Organizations," which is available at
http://www.gpoaccess.gov/ecfr/ .
1.5 Additionally, please reference 43 CFR 12.77 for further regulations that cover the award and
administration of subawards by State governments.
2. Payment.
Acceptance of a financial assistance Agreement from Reclamation creates a legal responsibility
on the part of the Recipient organization to use the funds and property provided in accordance
with the terms and conditions of the Agreement. Reclamation has a reversionary interest in the
unused balance of funding and in any funds improperly applied.
2.1 Payment Standards. (43 CFR §12.61)
(a) Scope. This section prescribes the basic standard and the methods under which a Federal
agency will make payments to grantees, and grantees will make payments to subgrantees and
contractors.
Agreement No. R10AC60R043 34
(b) Basic standard. Methods and procedures for payment shall minimize the time elapsing
between the transfer of funds and disbursement by the grantee or subgrantee, in accordance with
Treasury regulations at 31 CFR part 205.
(c) Advances. Grantees and subgrantees shall be paid in advance, provided they maintain or
demonstrate the willingness and ability to maintain procedures to minimize the time elapsing
between the transfer of the funds and their disbursement by the grantee or subgrantee.
(d) Reimbursement. Reimbursement shall be the preferred method when the requirements in
paragraph (c) of this section are not met. Grantees and subgrantees may also be paid by
reimbursement for any construction grant. Except as otherwise specified in regulation, Federal
agencies shall not use the percentage of completion method to pay construction grants. The
grantee or subgrantee may use that method to pay its construction contractor, and if it does, the
awarding agency's payments to the grantee or subgrantee will be based on the grantee's or
subgrantee's actual rate of disbursement.
(e) Working capital advances. If a grantee cannot meet the criteria for advance payments
described in paragraph (c) of this section, and the Federal agency has determined that
reimbursement is not feasible because the grantee lacks sufficient working capital, the awarding
agency may provide cash or a working capital advance basis. Under this procedure the awarding
agency shall advance cash to the grantee to cover its estimated disbursement needs for an initial
period generally geared to the grantee's disbursing cycle. Thereafter, the awarding agency shall
reimburse the grantee for its actual cash disbursements. The working capital advance method of
payment shall not be used by grantees or subgrantees if the reason for using such method is the
unwillingness or inability of the grantee to provide timely advances to the subgrantee to meet the
subgrantee's actual cash disbursements.
(f) Effect of program income, refunds, and audit recoveries on payment.
(1) Grantees and subgrantees shall disburse repayments to and interest earned on a revolving
fund before requesting additional cash payments for the same activity.
(2) Except as provided in paragraph (0(1) of this section, grantees and subgrantees shall
disburse program income, rebates, refunds, contract settlements, audit recoveries and interest
earned on such funds before requesting additional cash payments.
(g) Withholding payments.
(1) Unless otherwise required by Federal statute, awarding agencies shall not withhold
payments for proper charges incurred by grantees or subgrantees unless—
(i) The grantee or subgrantee has failed to comply with grant award conditions, or
(ii) The grantee or subgrantee is indebted to the United States.
Agreement No. RIOAC60R043 35
(2) Cash withheld for failure to comply with grant award condition, but without suspension
of the grant, shall be released to the grantee upon subsequent compliance. When a grant is
suspended, payment adjustments will be made in accordance with § 12.83(c).
(3) A Federal agency shall not make payment to grantees for amounts that are withheld by
grantees or subgrantees from payment to contractors to assure satisfactory completion of
work. Payments shall be made by the Federal agency when the grantees or subgrantees
actually disburse the withheld funds to the contractors or to escrow accounts established to
assure satisfactory completion of work.
(h) Cash depositories.
(1) Consistent with the national goal of expanding the opportunities for minority business
enterprises, grantees and subgrantees are encouraged to use minority banks (a bank which is
owned at least 50 percent by minority group members). A list of minority owned banks can
be obtained from the Minority Business Development Agency, Department of Commerce,
Washington, DC 20230.
(2) A grantee or subgrantee shall maintain a separate bank account only when required by
Federal -State Agreement.
(i) Interest earned on advances. Except for interest earned on advances of funds exempt
under the Intergovernmental Cooperation Act (31 U.S.C. 6501 et seq.) and the Indian
Self -Determination Act (23 U.S.C. 450), grantees and subgrantees shall promptly, but at
least quarterly, remit interest earned on advances to the Federal agency. The grantee or
subgrantee niay keep interest amounts up to $100 per year for administrative expenses.
2.2 Payment Method
Requesting Payments -- Requests for advance or reimbursement may be made by the following
methods:
(1) SF -270, Request for Advance or Reimbursement - Recipients may submit an original and
properly certified SF -270 form to the GO. For advance payments, this form may be submitted
on a monthly basis, at least two weeks prior to the date on which funds are required, and on the
basis of expected disbursements for the succeeding month and the amount of Federal funds
already on hand. Requests for reimbursement may be submitted on a monthly basis, or more
frequently if authorized by the (GO). The SF -70 is available on the Internet at
http://www.whitehouse.gov/omb/grants/grants_forms.html .
(2) SF -271, Outlay Report and Request for Reimbursement for Construction Programs -
The SF -271 shall be used for construction Agreements paid by the reimbursement method, letter
of credit, electronic funds transfer, or Treasury check advance, except where the advance is
based on periodic requests from the Recipient, in which case the SF -270 shall be used. This
request may be submitted on a quarterly basis, but no less frequently than on an annual basis.
Agreement No. R10AC60R043 36
Recipients may submit an original, properly certified SF -271 form to the GO. The SF -271 is
available on the Internet at http://www.whitehouse.gov/omb/grants/grants forms.html.
(3) Automated Standard Application for Payments (ASAP) - Recipients may utilize the
Department of Treasury ASAP payment system to request advances or reimbursements. ASAP
is a Recipient -initiated payment and information system designed to provide a single point of
contact for the request and delivery of Federal funds. Further inforrnation regarding ASAP may
be obtained from the ASAP website at http://www.fms.treas.gov/asap . Upon award, you will be
provided with information regarding enrollment in the ASAP system.
Recipients interested in enrolling in the ASAP system, please contact Dee Devillier at 303-445-
3461 or Sheri Oren at 303-445-3448.
3. Procurement Standards (43 CFR § 12.76).
(a) States. When procuring property and services under a grant, a State will follow the same
policies and procedures it uses for procurements from its non -Federal funds. The State will
ensure that every purchase order or other contract includes any clauses required by Federal
statutes and executive orders and their implementing regulations. Other grantees and subgrantees
will follow paragraphs (b) through (i) in this section.
(b) Procurement standards.
(1) Grantees and subgrantees will use their own procurement procedures which reflect
applicable State and local laws and regulations, provided that the procurements conform to
applicable Federal law and the standards identified in this section.
(2) Grantees and subgrantees will maintain a contract administration system which ensures
that contractors perform in accordance with the terms, conditions, and specifications of their
contracts or purchase orders.
(3) Grantees and subgrantees will maintain a written code of standards of conduct governing
the performance of their employees engaged in the award and administration of contracts. No
employee, officer or agent of the grantee or subgrantee shall participate in selection, or in the
award or administration of a contract supported by Federal funds if a conflict of interest, real
or apparent, would be involved. Such a conflict would arise when:
(i) The employee, officer or agent,
(ii) Any member of his immediate family,
(iii) His or her partner, or
(iv) An organization which employs, or is about to employ, any of the above, has a
financial or other interest in the firm selected for award. The grantee's or subgrantee's
officers, employees or agents will neither solicit nor accept gratuities, favors or anything
Agreement No. Rr0AC6OR043 37
of monetary value from contractors, potential contractors, or parties to subagreements.
Grantee and subgrantees may set minimum rules where the financial interest is not
substantial or the gift is an unsolicited item of nominal intrinsic value. To the extent
permitted by State or local law or regulations, such standards or conduct will provide for
penalties, sanctions, or other disciplinary actions for violations of such standards by the
grantee's and subgrantee's officers, employees, or agents, or by contractors or their
agents. The awarding agency may in regulation provide additional prohibitions relative to
real, apparent, or potential conflicts of interest.
(4) Grantee and subgrantee procedures will provide for a review of proposed procurements to
avoid purchase of unnecessary or duplicative items. Consideration should be given to
consolidating or breaking out procurements to obtain a more economical purchase. Where
appropriate, an analysis will be made of lease versus purchase alternatives, and any other
appropriate analysis to determine the most economical approach.
(5) To foster greater economy and efficiency, grantees and subgrantees are encouraged to
enter into State and local intergovernmental agreements for procurement or use of common
goods and services.
(6) Grantees and subgrantees are encouraged to use Federal excess and surplus property in
lieu of purchasing new equipment and property whenever such use is feasible and reduces
project costs.
(7) Grantees and subgrantees are encouraged to use value engineering clauses in contracts for
construction projects of sufficient size to offer reasonable opportunities for cost reductions.
Value engineering is a systematic and creative analysis of each contract item or task to
ensure that its essential function is provided at the overall lower cost.
(8) Grantees and subgrantees will make awards only to responsible contractors possessing the
ability to perform successfully under the terms and conditions of a proposed procurement.
Consideration will be given to such matters as contractor integrity, compliance with public
policy, record of past performance, and financial and technical resources.
(9) Grantees and subgrantees will maintain records sufficient to detail the significant history
of a procurement. These records will include, but are not necessarily limited to the following:
rationale for the method of procurement, selection of contract type, contractor selection or
rejection, and the basis for the contract price.
(10) Grantees and subgrantees will use time and material type contracts only—
(i) After a determination that no other contract is suitable, and
(ii) If the contract includes a ceiling price that the contractor exceeds at its own risk.
(11) Grantees and subgrantees alone will be responsible, in accordance with good
administrative practice and sound business judgment, for the settlement of all contractual and
Agreement No. R t OAC60R043
38
administrative issues arising out of procurements. These issues include, but are not limited to
source evaluation, protests, disputes, and claims. These standards do not relieve the grantee
or subgrantee of any contractual responsibilities under its contracts. Federal agencies will not
substitute their judgment for that of the grantee or subgrantee unless the matter is primarily a
Federal concern. Violations of law will be referred to the local, State, or Federal authority
having proper jurisdiction.
(12) Grantees and subgrantees will have protest procedures to handle and resolve disputes
relating to their procurements and shall in all instances disclose information regarding the
protest to the awarding agency. A protestor must exhaust all administrative remedies with the
grantee and subgrantee before pursuing a protest with the Federal agency. Reviews of
protests by the Federal agency will be limited to:
(i) Violations of Federal law or regulations and the standards of this section (violations of
State or local law will be under the jurisdiction of State or local authorities) and
(ii) Violations of the grantee's or subgrantee's protest procedures for failure to review a
complaint or protest. Protests received by the Federal agency other than those specified
above will be referred to the grantee or subgrantee.
(c) Competition.
(1) All procurement transactions will be conducted in a manner providing full and open
competition consistent with the standards of § 12.76. Some of the situations considered to be
restrictive of competition include but are not limited to:
(i) Placing unreasonable requirements on firms in order for them to qualify to do
business,
(ii) Requiring unnecessary experience and excessive bonding,
(iii) Noncompetitive pricing practices between firms or between affiliated companies,
(iv) Noncompetitive awards to consultants that are on retainer contracts,
(v) Organizational conflicts of interest,
(vi) Specifying only a "brand name" product instead of allowing "an equal" product to be
offered and describing the performance of other relevant requirements of the
procurement, and
(vii) Any arbitrary action in the procurement process.
(2) Grantees and subgrantees will conduct procurements in a manner that prohibits the use of
statutorily or administratively imposed in -State or local geographical preferences in the
evaluation of bids or proposals, except in those cases where applicable Federal statutes
Agreement No. R10AC60R043 39
expressly mandate or encourage geographic preference. Nothing in this section preempts
State licensing laws. When contracting for architectural and engineering (AIE) services,
geographic location may be a selection criteria provided its application leaves an appropriate
number of qualified firms, given the nature and size of the project, to compete for the
contract.
(3) Grantees will have written selection procedures for procurement transactions. These
procedures will ensure that all solicitations:
(i) Incorporate a clear and accurate description of the technical requirements for the
material, product, or service to be procured. Such description shall not, in competitive
procurements, contain features which unduly restrict competition. The description may
include a statement of the qualitative nature of the material, product or service to be
procured, and when necessary, shall set forth those minimum essential characteristics and
standards to which it must conform if it is to satisfy its intended use. Detailed product
specifications should be avoided if at all possible. When it is impractical or uneconomical
to make a clear and accurate description of the technical requirements, a "brand name or
equal" description may be used as a means to define the performance or other salient
requirements of a procurement. The specific features of the named brand which must be
met by offerors shall be clearly stated; and
(ii) Identify all requirements which the offerors must fulfill and all other factors to be
used in evaluating bids or proposals.
(4) Grantees and subgrantees will ensure that all prequalified lists of persons, firms, or
products which are used in acquiring goods and services are current and include enough
qualified sources to ensure maximum open and free competition. Also, grantees and
subgrantees will not preclude potential bidders from qualifying during the solicitation period.
(d) Methods of procurement to be followed (1) Procurement by small purchase procedures.
Small purchase procedures are those relatively simple and informal procurement methods for
securing services, supplies, or other property that do not cost more than the simplified acquisition
threshold fixed at 41 U.S.C. 403(11) (currently set at $100,000). If small purchase procedures are
used, price or rate quotations shall be obtained from an adequate number of qualified sources.
(2) Procurement by sealed bids (formal advertising). Bids are publicly solicited and a firm -
fixed -price contract (lump sum or unit price) is awarded to the responsible bidder whose bid,
conforming with all the material terms and conditions of the invitation for bids, is the lowest
in price. The sealed bid method is the preferred method for procuring construction, if the
conditions in § 12.76(d)(2)(i) apply.
(i) In order for sealed bidding to be feasible, the following conditions should be present:
(A) A complete, adequate, and realistic specification or purchase description is
available;
Agreement No. R10AC60R043 40
(B) Two or more responsible bidders are willing and able to compete effectively and
for the business; and
(C) The procurement lends itself to a firm fixed price contract and the selection of the
successful bidder can be made principally on the basis of price.
(ii) If sealed bids are used, the following requirements apply:
(A) The invitation for bids will be publicly advertised and bids shall be solicited from
an adequate number of known suppliers, providing them sufficient time prior to the
date set for opening the bids;
(B) The invitation for bids, which will include any specifications and pertinent
attachments, shall define the items or services in order for the bidder to properly
respond;
(C) All bids will be publicly opened at the time and place prescribed in the invitation
for bids;
(D) A firm fixed-price contract award will be made in writing to the lowest
responsive and responsible bidder. Where specified in bidding docutnents, factors
such as discounts, transportation cost, and life cycle costs shall be considered in
determining which bid is lowest. Payment discounts will only be used to determine
the low bid when prior experience indicates that such discounts are usually taken
advantage of; and
(E) Any or all bids may be rejected if there is a sound documented reason.
(3) Procurement by competitive proposals. The technique of competitive proposals is
normally conducted with more than one source submitting an offer, and either a fixed-price
or cost -reimbursement type contract is awarded. It is generally used when conditions are not
appropriate for the use of sealed bids. If this method is used, the following requirements
apply:
(i) Requests for proposals will be publicized and identify all evaluation factors and
their relative importance. Any response to publicized requests for proposals shall be
honored to the maximum extent practical;
(ii) Proposals will be solicited from an adequate number of qualified sources;
(iii) Grantees and subgrantees will have a method for conducting technical
evaluations of the proposals received and for selecting awardees;
(iv) Awards will be made to the responsible firm whose proposal is most
advantageous to the program, with price and other factors considered; and
Agreement No. R 10AC60R043 41
(v) Grantees and subgrantees may use competitive proposal procedures for
qualifications -based procurement of architectural/engineering (A/E) professional
services whereby competitors' qualifications are evaluated and the most qualified
competitor is selected, subject to negotiation of fair and reasonable compensation.
The method, where price is not used as a selection factor, can only be used in
procurement of A/E professional services. It cannot be used to purchase other types of
services though A/E firms are a potential source to perform the proposed effort.
(4) Procurement by noncompetitive proposals is procurement through solicitation of a
proposal from only one source, or after solicitation of a number of sources, competition is
determined inadequate.
(i) Procurement by noncompetitive proposals may be used only when the award of a
contract is infeasible under small purchase procedures, sealed bids or competitive
proposals and one of the following circumstances applies:
(A) The item is available only from a single source;
(B) The public exigency or emergency for the requirement will not permit a delay
resulting from competitive solicitation;
(C) The awarding agency authorizes noncompetitive proposals; or
(D) After solicitation of a number of sources, competition is determined inadequate.
(ii) Cost analysis, i.e., verifying the proposed cost data, the projections of the data, and
the evaluation of the specific elements of costs and profits, is required.
(iii) Grantees and subgrantees may be required to submit the proposed procurement to the
awarding agency for pre -award review in accordance with paragraph (g) of this section.
(e) Contracting with small and minority firms, women's business enterprise and labor surplus
area firms. (1) The grantee and subgrantee will take all necessary affirmative steps to assure that
minority firms, women's business enterprises, and labor surplus area firms are used when
possible.
(2) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
(ii) Assuring that small and minority businesses, and women's business enterprises are
solicited whenever they are potential sources;
Agreement No. R 10AC60R043 42
(iii) Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority business, and women's
business enterprises;
(iv) Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority business, and women's business enterprises;
(v) Using the services and assistance of the Small Business Administration, and the
Minority Business Development Agency of the Department of Commerce; and
(vi) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative
steps listed in paragraphs (e)(2) (i) through (v) of this section.
(f) Contract cost and price.
(1) Grantees and subgrantees must perform a cost or price analysis in connection with every
procurement action including contract modifications. The method and degree of analysis is
dependent on the facts surrounding the particular procurement situation, but as a starting
point, grantees must make independent estimates before receiving bids or proposals. A cost
analysis must be performed when the offeror is required to submit the elements of his
estimated cost, e.g., under professional, consulting, and architectural engineering services
contracts. A cost analysis will be necessary when adequate price competition is lacking, and
for sole source procurements, including contract modifications or change orders, unless price
reasonableness can be established on the basis of a catalog or market price of a commercial
product sold in substantial quantities to the general public or based on prices set by law or
regulation. A price analysis will be used in all other instances to determine the
reasonableness of the proposed contract price.
(2) Grantees and subgrantees will negotiate profit as a separate element of the price for each
contract in which there is no price competition and in all cases where cost analysis is
performed. To establish a fair and reasonable profit, consideration will be given to the
complexity of the work to be performed, the risk borne by the contractor, the contractor's
investment, the amount of subcontracting, the quality of its record of past performance, and
industry profit rates in the surrounding geographical area for similar work.
(3) Costs or prices based on estimated costs for contracts under grants will be allowable only
to the extent that costs incurred or cost estimates included in negotiated prices are consistent
with Federal cost principles (see § 12.62). Grantees may reference their own cost principles
that comply with the applicable Federal cost principles.
(4) The cost plus a percentage of cost and percentage of construction cost methods of
contracting shall not be used.
Agreement No. Rl0AC60R043 43
(g) Awarding agency review.
(I) Grantees and subgrantees must make available, upon request of the awarding agency,
technical specifications on proposed procurements where the awarding agency believes such
review is needed to ensure that the item and/or service specified is the one being proposed for
purchase. This review generally will take place prior to the time the specification is
incorporated into a solicitation document. However, if the grantee or subgrantee desires to
have the review accomplished after a solicitation has been developed, the awarding agency
may still review the specifications, with such review usually limited to the technical aspects
of the proposed purchase.
(2) Grantees and subgrantees must on request snake available for awarding agency pre -award
review procurement documents, such as requests for proposals or invitations for bids,
independent cost estimates, etc. when:
(i) A grantee's or subgrantee's procurement procedures or operation fails to comply with
the procurement standards in this section; or
(ii) The procurement is expected to exceed the simplified acquisition threshold and is to
be awarded without competition or only one bid or offer is received in response to a
solicitation; or
(iii) The procurement, which is expected to exceed the simplified acquisition threshold,
specifies a "brand name" product; or
(iv) The proposed award is more than the simplified acquisition threshold and is to be
awarded to other than the apparent low bidder under a sealed bid procurement; or
(v) A proposed contract modification changes the scope of a contract or increases the
contract amount by more than the simplified acquisition threshold.
(3) A grantee or subgrantee will be exempt from the pre -award review in paragraph (g)(2) of
this section if the awarding agency determines that its procurement systems comply with the
standards of this section.
(i) A grantee or subgrantee may request that its procurement system be reviewed by the
awarding agency to determine whether its system meets these standards in order for its
system to be certified. Generally, these reviews shall occur where there is a continuous
high -dollar funding, and third -party contracts are awarded on a regular basis.
(ii) A grantee or subgrantee may self -certify its procurement system. Such self -
certification shall not limit the awarding agency's right to survey the system. Under a
self -certification procedure, awarding agencies may wish to rely on written assurances
from the grantee or subgrantee that it is complying with these standards. A grantee or
subgrantee will cite specific procedures, regulations, standards, etc., as being in
compliance with these requirements and have its system available for review.
Agreement No. RIOAC60R043 44
(h) Bonding requirements. For construction or facility improvement contracts or subcontracts
exceeding the simplified acquisition threshold, the awarding agency may accept the bonding
policy and requirements of the grantee or subgrantee provided the awarding agency has made a
determination that the awarding agency's interest is adequately protected. If such a determination
has not been made, the minimum requirements shall be as follows:
(1) A bid guarantee from each bidder equivalent to five percent of the bid price. The "bid
guarantee" shall consist of a firm commitment such as a bid bond, certified check, or other
negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance
of his bid, execute such contractual documents as may be required within the time specified.
(2) A performance bond on the part of the contractor for 100 percent of the contract price. A
"performance bond" is one executed in connection with a contract to secure fulfillment of all
the contractor's obligations under such contract.
(3) A payment bond on the part of the contractor for 100 percent of the contract price. A
"payment bond" is one executed in connection with a contract to assure payment as required
by law of all persons supplying labor and material in the execution of the work provided for
in the contract.
(i) Contract provisions. A grantee's and subgrantee's contracts must contain provisions in
paragraph (i) of this section. Federal agencies are pennitted to require changes, remedies,
changed conditions, access and records retention, suspension of work, and other clauses
approved by the Office of Federal Procurement Policy.
(1) Administrative, contractual, or legal remedies in instances where contractors violate or
breach contract terms, and provide for such sanctions and penalties as may be appropriate.
(Contracts more than the simplified acquisition threshold)
(2) Termination for cause and for convenience by the grantee or subgrantee including the
manner by which it will be effected and the basis for settlement. (All contracts in excess of
$10,000)
(3) Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal
Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and
as supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction
contracts awarded in excess of $10,000 by grantees and their contractors or subgrantees)
(4) Compliance with the Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in
Department of Labor regulations (29 CFR Part 3). (All contracts and subgrants for
construction or repair)
(5) Compliance with the Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by
Department of Labor regulations (29 CFR Part 5). (Construction contracts in excess of $2000
awarded by grantees and subgrantees when required by Federal grant program legislation)
Agreement No_ R10AC6OR043 45
(6) Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards
Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part
5). (Construction contracts awarded by grantees and subgrantees in excess of $2000, and in
excess of $2500 for other contracts which involve the employment of mechanics or laborers)
(7) Notice of awarding agency requirements and regulations pertaining to reporting.
(8) Notice of awarding agency requirements and regulations pertaining to patent rights with
respect to any discovery or invention which arises or is developed in the course of or under
such contract.
(9) Awarding agency requirements and regulations pertaining to copyrights and rights in
data.
(10) Access by the grantee, the subgrantee, the Federal grantor agency, the Comptroller
General of the United States, or any of their duly authorized representatives to any books,
documents, papers, and records of the contractor which are directly pertinent to that specific
contract for the purpose of snaking audit, examination, excerpts, and transcriptions.
(11) Retention of all required records for three years after grantees or subgrantees make final
payments and all other pending matters are closed.
(12) Compliance with all applicable standards, orders, or requirements issued under section
306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C.
1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR
part 15). (Contracts, subcontracts, and subgrants of amounts in excess of $100,000)
(13) Mandatory standards and policies relating to energy efficiency which are contained in
the State energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94-163, 89 Stat. 871).
4. Equipment (43 CFR § 12.72)
(a) Title. Subject to the obligations and conditions set forth in this section, title to equipment
acquired under a grant or subgrant will vest upon acquisition in the grantee or subgrantee
respectively.
(b) States. A State will use, manage, and dispose of equipment acquired under a grant by the
State in accordance with State laws and procedures. Other grantees and subgrantees will follow
paragraphs (c) through (e) of this section.
(c) Use.
(1) Equipment shall be used by the grantee or subgrantee in the program or project for which
it was acquired as long as needed, whether or not the project or program continues to be
Agreement No. R I OAC60R043 46
supported by Federal funds. When no longer needed for the original program or project, the
equipment may be used in other activities currently or previously supported by a Federal
agency.
(2) The grantee or subgrantee shall also snake equipment available for use on other projects
or programs currently or previously supported by the Federal Government, providing such
use will not interfere with the work on the projects or program for which it was originally
acquired. First preference for other use shall be given to other programs or projects supported
by the awarding agency. User fees should be considered if appropriate.
(3) Notwithstanding the encouragement in § 12.65(a) to earn program income, the grantee or
subgrantee must not use equipment acquired with grant funds to provide services for a fee to
compete unfairly with private companies that provide equivalent services, unless specifically
permitted or contemplated by Federal statute.
(4) When acquiring replacement equipment, the grantee or subgrantee may use the
equipment to be replaced as a trade-in or sell the property and use the proceeds to offset the
cost of the replacement property, subject to the approval of the awarding agency.
(d) Management requirements. Procedures for managing equipment (including replacement
equipment), whether acquired in whole or in part with grant funds, until disposition takes place
will, as a minimum, meet the following requirements:
(1) Property records must be maintained that include a description of the property, a serial
number or other identification number, the source of property, who holds title, the acquisition
date, and cost of the property, percentage of Federal participation in the cost of the property,
the location, use and condition of the property, and any ultimate disposition data including
the date of disposal and sale price of the property.
(2) A physical inventory of the property must be taken and the results reconciled with the
property records at least once every two years.
(3) A control system must be developed to ensure adequate safeguards to prevent loss,
damage, or theft of the property. Any loss, damage, or theft shall be investigated.
(4) Adequate maintenance procedures must be developed to keep the property in good
condition.
(5) If the grantee or subgrantee is authorized or required to sell the property, proper sales
procedures rnust be established to ensure the highest possible return.
(e) Disposition. When original or replacement equipment acquired under a grant or subgrant is
no longer needed for the original project or program or for other activities currently or previously
supported by a Federal agency, disposition of the equipment will be made as follows:
Agreement No. Rr0AC60R043 47
(1) Items of equipment with a current per-unit fair market value of less than $5,000 may be
retained, sold or otherwise disposed of with no further obligation to the awarding agency.
(2) Items of equipment with a current per unit fair market value in excess of $5,000 may be
retained or sold and the awarding agency shall have a right to an amount calculated by
multiplying the current market value or proceeds from sale by the awarding agency's share of
the equipment.
(3) In cases where a grantee or subgrantee fails to take appropriate disposition actions, the
awarding agency may direct the grantee or subgrantee to take excess and disposition actions.
(f) Federal equipment. In the event a grantee or subgrantee is provided Federally -owned
equipment:
(1) Title will remain vested in the Federal Government.
(2) Grantees or subgrantees will manage the equipment in accordance with Federal agency
rules and procedures, and submit an annual inventory listing.
(3) When the equipment is no longer needed, the grantee or subgrantee will request
disposition instructions from the Federal agency.
(g) Right to Transfer title. The Federal awarding agency may reserve the right to transfer title to
the Federal Government or a third part named by the awarding agency when such a third party is
otherwise eligible under existing statutes. Such transfers shall be subject to the following
standards:
(1) The property shall be identified in the grant or otherwise made known to the grantee in
writing.
(2) The Federal awarding agency shall issue disposition instruction within 120 calendar days
after the end of the Federal support of the project for which it was acquired. If the Federal
awarding agency fails to issue disposition instructions within the 120 calendar -day period the
grantee shall follow 12.72(e).
(3) When title to equipment is transferred, the grantee shall be paid an amount calculated by
applying the percentage of participation in the purchase to the current fair market value of the
property.
5. Supplies (43 CFR § 12.73)
(a) Title. Title to supplies acquired under a grant or subgrant will vest, upon acquisition, in the
grantee or subgrantee respectively.
(b) Disposition. If there is a residual inventory of unused supplies exceeding $5,000 in total
aggregate fair market value upon termination or completion of the award, and if the supplies are
Agreement No. R I0AC60R043 48
not needed for any other Federally sponsored programs or projects, the grantee or subgrantee
shall compensate the awarding agency for its share.
6. Inspection
Reclamation has the right to inspect and evaluate the work performed or being performed under
this Agreement, and the premises where the work is being performed, at all reasonable times and
in a manner that will not unduly delay the work. If Reclamation performs inspection or
evaluation on the premises of the Recipient or a subRecipient, the Recipient shall furnish and
shall require sub -recipients to furnish all reasonable facilities and assistance for the safe and
convenient performance of these duties.
7. Audit (31 U.S.C. §§ 7501-7507)
Non-federal entities that expend $500,000 or more in a year in Federal awards shall have a single
or program -specific audit conducted for that year in accordance with the Single Audit Act
Amendments of 1996 (31 U.S.C. 7501-7507) and revised OMB Circular A-133, which is
available at http://www.whitehouse.gov/omb/grants/grants_circulars.html. Federal awards are
defined as Federal financial assistance and Federal cost -reimbursement contracts that non -
Federal entities receive directly from Federal awarding agencies or indirectly from pass-through
entities. They do not include procurement contracts, under grants or contracts, used to buy goods
or services from vendors. Non -Federal entities that expend less than $500,000 a year in Federal
awards are exempt from Federal audit requirements for that year, except as noted in A-133,
§ .215(a), but records must be available for review or audit by appropriate officials of the
Federal agency, pass-through entity, and General Accounting Office (GAO).
Audits shall be made by an independent auditor in accordance with generally accepted
government auditing standards covering financial audits. General guidance on the single audit
process is included in a pamphlet titled, "Highlights of the Single Audit Process" which is
available on the internet at http://www.dot.gov/ost/m60/grant/sincontact.html. Additional
information on single audits is available from the Federal Audit Clearinghouse at
http://harvester.census.gov/sac/.
8. Enforcement (43 CFR § 12.83)
(a) Remedies for noncompliance. If a grantee or subgrantee materially fails to comply with any
term of an award, whether stated in a Federal statute or regulation, an assurance, in a State plan
or application, a notice of award, or elsewhere, the awarding agency may take one or more of the
following actions, as appropriate in the circumstances:
(1) Temporarily withhold cash payments pending correction of the deficiency by the grantee
or subgrantee or more severe enforcement action by the awarding agency,
(2) Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of
the activity or action not in compliance,
Agreement No. R10AC60R043 49
(3) Wholly or partly suspend or terminate the current award for the grantee's or subgrantee's
program,
(4) Withhold further awards for the program, or
(5) Take other remedies that may be legally available.
(b) Hearings, appeals. In taking an enforcement action, the awarding agency will provide the
grantee or subgrantee an opportunity for such hearing, appeal, or other administrative proceeding
to which the grantee or subgrantee is entitled under any statute or regulation applicable to the
action involved.
(c) Effects of suspension and termination. Costs of grantee or subgrantee resulting from
obligations incurred by the grantee or subgrantee during a suspension or after termination of an
award are not allowable unless the awarding agency expressly authorizes them in the notice of
suspension or termination or subsequently. Other grantee or subgrantee costs during suspension
or after termination which are necessary and not reasonably avoidable are allowable if:
(1) The costs result from obligations which were properly incurred by the grantee or
subgrantee before the effective date of suspension or termination, are not in anticipation of it,
and, in the case of a termination, are noncancellable, and,
(2) The costs would be allowable if the award were not suspended or expired normally at the
end of the funding period in which the termination takes effect.
(d) Relationship to Debarment and Suspension. The enforcement remedies identified in this
section, including suspension and termination, do not preclude grantee or subgrantee from being
subject to "Debarment and Suspension" under E.O. 12549 ((2 CFR 29.5.12 and 2 CFR 1400,
Subpart C).
9. Termination For Convenience (43 CFR § 12.84)
Except as provided in 43 CFR § 12.83, awards inay be terminated in whole or in part only as
follows:
(a) By the awarding agency with the consent of the grantee or subgrantee in which case the two
parties shall agree upon the termination conditions, including the effective date and in the case of
partial termination, the portion to be terminated, or
(b) By the grantee or subgrantee upon written notification to the awarding agency, setting forth
the reasons for such termination, the effective date, and in the case of partial termination, the
portion to be terminated. However, if, in the case of a partial termination, the awarding agency
determines that the remaining portion of the award will not accomplish the purposes for which
the award was made, the awarding agency may terminate the award in its entirety under either
§ 12.83 or paragraph (a) of this section.
Agreement No. RI 0AC60R043 50
10. Debarment and Suspension (2 CFR Part 1400)
The Department of the Interior regulations at 2 CFR Part 1400—Governmentwide Debarment
and Suspension (Nonprocurement), which adopt the common dile for the governmentwide
system of debarment and suspension for nonprocurement activities, are hereby incorporated by
reference and made a part of this Agreement. By entering into this grant or cooperative
Agreement with the Bureau of Reclamation, the Recipient agrees to comply with 2 CFR Part
1400, Subpart C, and agrees to include a similar term or condition in all lower -tier covered
transactions. These regulations are available at http://www.gpoaccess.gov/ecfr/.
11. Drug -Free Workplace (43 CFR Part 43)
The Department of the Interior regulations at 43 CFR Part 43—Governmentwide Requirements
for Drug -Free Workplace (Financial Assistance), which adopt the portion of the Drug -Free
Workplace Act of 1988 (41 U.S.C. § 701 et seq, as amended) applicable to grants and
cooperative Agreements, are hereby incorporated by reference and made a part of this
Agreement. By entering into this grant or cooperative Agreement with the Bureau of
Reclamation, the Recipient agrees to comply with 43 CFR 43, Subpart B, if the Recipient is not
an individual, or with 43 CFR Part 43, Subpart C, if the Recipient is an individual. These
regulations are available at http://www.gpoaccess.gov/ecfr•/.
12. Assurances and Certifications Incorporated by Reference
12.1 The provisions of the Assurances, SF 424B or SF 424D as applicable, executed by the
Recipient in connection with this Agreement shall apply with full force and effect to this
Agreement. All anti -discrimination and equal opportunity statutes, regulations, and Executive
Orders that apply to the expenditure of funds under Federal contracts, grants, and cooperative
agreements, loans, and other forms of Federal assistance. The Recipient shall comply with Title
VI or the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504
of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and nay program -specific
statutes with anti -discrimination requirements. The Recipient shall comply with civil rights laws
including, but not limited to, the Fair Housing Act, the Fair Credit Reporting Act, the Americans
with Disabilities Act, Title VII of the Civil Rights Act of 1964, the Equal Educational
Opportunities Act, the Age Discrimination in Employment Act, and the Uniform Relocation Act.
Such Assurances also include, but are not limited to, the promise to comply with all applicable
Federal statutes and orders relating to nondiscrimination in employment, assistance, and housing;
the Hatch Act; Federal wage and hour laws and regulations and work place safety standards;
Federal environmental laws and regulations and the Endangered Species Act; and Federal
protection of rivers and waterways and historic and archeological preservation.
12.2 When required by 43 CFR Part 18—New Restrictions on Lobbying, Recipients shall
complete a Certification Regarding Lobbying form. This certification is incorporated by
reference and made a part of this Agreement. These regulations are available at
http://www.gpoaccess.gov/ecfr•.
Agreement No. RIOAC60R043 51
13. Covenant Against Contingent Fees
The Recipient warrants that no person or agency has been employed or retained to solicit or
secure this Agreement upon an Agreement or understanding for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees or bona fide offices established and
maintained by the Recipient for the purpose of securing Agreements or business. For breach or
violation of this warranty, the Government shall have the right to annul this Agreement without
liability or, in its discretion, to deduct from the Agreement amount, or otherwise recover, the full
amount of such commission, percentage, brokerage, or contingent fee
14. Trafficking Victims Protection Act of 2000, PL 106-386, as amended (2 CFR § 175.15)
(a) To implement the trafficking in persons requirement in section 106(g) of the TVPA, as
amended, a Federal awarding agency must include the award term in paragraph (b) of this
section in:
(1) A grant or cooperative agreement to a private entity, as defined in §175.25(d); and
(2) A grant or cooperative agreement to a State, local government, Indian tribe or foreign
public entity, if funding could be provided under the award to a private entity as a
subrecipient.
(b) The award term that an agency must include, as described in paragraph (a) of this section, is:
I. Trafficking in persons.
a. Provisions applicable to a recipient that is a private entity .
1. You as the recipient, your employees, subrecipients under this award, and subrecipients'
employees may not:
i. Engage in severe forms of trafficking in persons during the period of time that the
award is in effect;
ii. Procure a commercial sex act during the period of time that the award is in effect; or
iii. Use forced labor in the performance of the award or subawards under the award.
2. We as the Federal awarding agency may unilaterally terminate this award, without penalty,
if you or a subrecipient that is a private entity:
i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or
ii. Has an employee who is determined by the agency official authorized to terminate the
award to have violated a prohibition in paragraph a.1 of this award term through conduct
that is either:
Agreement No. Rt0AC60R043 52
A. Associated with performance under this award; or
B. Imputed to you or the subrecipient using the standards and due process for
imputing the conduct of an individual to an organization that are provided in 2 CFR
part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and
Suspension (Nonprocurement)," as implemented by our agency at 2 CFR part 1400.
b. Provision applicable to a recipient other than a private entity. We as the Federal awarding
agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private
entity:
1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award
term; or
2. Has an employee who is determined by the agency official authorized to terminate the
award to have violated an applicable prohibition in paragraph a.1 of this award term through
conduct that is either:
i. Associated with performance under this award; or
ii. Imputed to the subrecipient using the standards and due process for imputing the conduct
of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines
to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as
implemented by our agency at 2 CFR part /400.
c. Provisions applicable to any recipient .
1. You must inform us immediately of any information you receive from any source alleging
a violation of a prohibition in paragraph a.1 of this award term.
2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section:
i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA),
as amended (22 U.S.C. 7104(g)), and
ii. Is in addition to all other remedies for noncompliance that are available to us under
this award.
3. You must include the requirements of paragraph a.1 of this award term in any subaward
you make to a private entity.
Agreement No. Rl0AC60R043 53
d. Definitions . For purposes of this award term:
1. "Employee" means either:
i. An individual employed by you or a subrecipient who is engaged in the performance of
the project or program under this award; or
ii. Another person engaged in the performance of the project or program under this award
and not compensated by you including, but not limited to, a volunteer or individual
whose services are contributed by a third party as an in-kind contribution toward cost
sharing or matching requirements.
2. "Forced labor" means labor obtained by any of the following methods: the recruitment,
harboring, transportation, provision, or obtaining of a person for labor or services, through
the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude,
peonage, debt bondage, or slavery.
3. "Private entity":
i. Means any entity other than a State, local government, Indian tribe, or foreign public
entity, as those terms are defined in 2 CFR § 175.25.
ii. Includes:
A. A nonprofit organization, including any nonprofit institution of higher education,
hospital, or tribal organization other than one included in the definition of Indian tribe
at 2 CFR § 175.25(b).
B. A for-profit organization.
4. "Severe forms of trafficking in persons", "commercial sex act," and "coercion" have the
meanings given at section 103 of the TVPA, as arnended (22 U.S.C. 7102).
(c) An agency inay use different letters and numbers to designate the paragraphs of the award
term in paragraph (b) of this section, if necessary, to conform the system of paragraph
designations with the one used in other terms and conditions in the agency's awards
15. Contracting with Small and Minority Firms and Women's Business Enterprises
It is a national policy to award a fair share of contracts to small and minority business firms. The
Department of the Interior is strongly committed to the objectives of this policy and encourages
all Recipients of its grants and cooperative agreements to take affirmative steps to ensure such
fairness.
15.1 The grantee and subgrantee shall take all necessary affirmative steps to assure that
minority firms, and women's business enterprises are used when possible.
Agreement No. R10AC60R043 54
15.2 Affirmative steps shall include:
15.2.1 Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
15.2.2 Assuring that stnall and minority businesses, and women's business enterprises are
solicited whenever they are potential sources;
15.2.3 Dividing total requirements, when economically feasible, into smaller tasks or quantities
to permit maximum participation by small and minority business, and women's business
enterprises;
15.2.4 Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority business, and women's business enterprises;
15.2.5 Using the services and assistance of the Small Business Administration, and the Minority
Business Development Agency of the Department of Commerce as appropriate, and
15.2.6 Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps
listed in C.6.2.1 through C.6.2.5, above.
16. Endorsement of Commercial Products and Services
In accordance with 43 CFR 12.2(d), this provision applies to grants and cooperative agreements
whose principal purpose is a partnership where the Recipient contributes resources to promote
agency programs, publicize agency activities, assists in fund-raising, or provides assistance to the
agency. If the agreetnent is awarded to a Recipient, other than a State government, a local
govermnent, or a federally -recognized Indian tribal government, and the agreement authorizes
joint dissemination of infortnation and promotion of activities being supported, the following
provision shall be made a term and condition of the award:
Recipient shall not publicize or otherwise circulate, promotional material (such as
advertisements, sales brochures, press releases, speeches, still and motion pictures, articles,
manuscripts or other publications) which states or implies governmental, Departmental, bureau,
or government employee endorsement of a product, service or position which the Recipient
represents. No release of infortnation relating to this award may state or imply that the
Government approves of the Recipient's work products, or considers the Recipient's work
product to be superior to other products or services.
AlI information submitted for publication or other public releases of information regarding this
project shall carry the following disclaimer:
"The views and conclusions contained in this document are those of the authors and should not
be interpreted as representing the opinions or policies of the U.S. Government. Mention of trade
names or commercial products does not constitute their endorsement by the U.S. Government."
Agreement No. R10AC60R043
55
Recipient must obtain prior Govermnent approval for any public information releases concerning
this award which refer to the Department of the Interior or any bureau or employee (by name or
title). The specific text, layout photographs, etc., of the proposed release must be submitted with
the request for approval.
A Recipient further agrees to include this provision in a subaward to any subrecipient, except for
a subaward to a State government, a local government, or to a federally -recognized Indian Tribe.
17. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(URA) (42 USC § 4601 et. Segj
(a) The Uniform Relocation Assistance Act (URA), 42 U.S.C. § 4601 et. seq., as amended,
requires certain assurances for Reclamation funded land acquisition projects conducted
by a Recipient that cause the displacement of persons, businesses, or farm operations.
Because Reclamation funds only support acquisition of property or interests in property
from willing sellers, it is not anticipated that CTAP funds will result in any "displaced
persons," as defined under the URA.
(b) However, if Reclamation funds are used for the acquisition of real property that results in
displacement, the URA requires Recipients to ensure that reasonable relocation payments
and other remedies will be provided to any displaced person. Further, when acquiring
real property, Recipients must be guided, to the greatest extent practicable, by the land
acquisition policies in 42 U.S.C. § 4651.
(c) Exemptions to the URA and 49 CFR Part 24
(1) The URA provides for an exemption to the appraisal, review and certification rules
for those land acquisitions classified as "voluntary transactions." Such "voluntary
transactions" are classified as those that do not involve an exercise of eminent domain
authority on behalf of a Recipient, and must meet the conditions specified at 49 CFR
§ 24.101(b)(1)(i)-(iv).
(2) For any land acquisition undertaken by a Recipient that receives Reclamation funds,
but does not have authority to acquire the real property by eminent domain, to be
exempt from the requirements of 49 CFR Part 24 the Recipient must:
(i) provide written notification to the owner that it will not acquire the property in
the event negotiations fail to result in an amicable agreement, and;
(ii) inform the owner in. writing of what it believes to be the market value of the
property
Agreement No. R1OAC60R043
56
(d) Review of Land Acquisition Appraisals. Reclamation reserves the right to review any
land appraisal whether or not such review is required under the URA or 49 CFR §
24.104. Such reviews may be conducted by the Department of Interior's Appraisal
Services Directorate or a Reclamation authorized designee. When Reclamation
determines that a review of the original appraisal is necessary, Reclamation will notify
the Recipient and provide an estimated completion date of the initial appraisal review.
Agreement No. RIOAC60R043 57
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Agreement R No. R1OAC60R043
TOTAL PROJECT/ACTIVITY COSTS
1 INDIRECT COSTS - _2/0 'I
TOTAL DIRECT COSTS—
Construction Contingencies
I i.e. Construction contingencies 1
OTHER —List any other cost elements necessary for your project; such as extra reporting. or contingencies in a construction contract.
Construction Phase 1B
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Attachment "13"
Prevailing Wage Rates
Attached to, and made a part hereof, Cooperative Agreement No. RI 0AC60R43 by and between
the U.S. Bureau of Reclamation and the City of Round Rock, Texas
General Decision Number: TX100055 03/12/2010 TX55
Superseded General Decision Number: TX20080055
State: Texas
Construction Types: Heavy
PIPELINE - ON -SHORE PIPELINE CONSTRUCTION:
Counties: Texas Statewide.
PIPELINE - ON -SHORE CONSTRUCTION
Modification Number Publication Date
0 03/12/2010
SUTX1997-002 01/01/1997
Rates
Fringes
Laborers:
Drillers $ 16.08 2.01
Hot Pay $ 15.58 2.01
Jackhammermen $ 15.58 2.01
Loaders $ 16.08 2.01
Powderman, blasters &
shooters $ 16.58 2.01
Unskilled $ 15.08 2.01
Pipefitter $ 36.49 7.45
Power equipment operators:
Group 1 $ 22.95
Group 2 $ 17.54
Group 3 $ 12.37
6.05
4.80
3.55
Truck drivers:
Group 1 $ 18.82 a
Group 2 $ 18.82 a
Group 3 $ 16.81 a
Agreement No. RIOAC60R043
Group 4 $ 16.04 a
Group 5 $ 15.71 a
FOOTNOTE
a - $2.52 PER HOUR PLUS $41.00 PER WEEK
WELDERS - Receive rate prescribed for craft performing operation to which welding is
incidental.
TRUCK DRIVER CLASSIFICATIONS
GROUP 1 - Truck Mechanics
GROUP 2 - Lowboy, rollagon or similar type equipment
GROUP 3 - A -Frame, Gin pole, Tandem float (4 & 5 axle), rubber- tired tractor, fork lift, winch
truck, track truck equipment, stringing truck
GROUP 4 - Single axle float (3 axle), flat bed truck (3 axle) dump truck (3 axle), skid truck (3
axle), hot pass (2 axle), Flat bed truck (2 axle) dump truck (2 axle), skid truck (2 axle) water
truck (2 axle), pick up, bus jeep, station wagon, swamp buggy or similar type equipment.
GROUP 5 - Stringer bead & hot pass (2 axle, flat bed truck (2 axle), dump truck (2 axle), skid
truck (2 axle), water truck (2 axle), pick-up, bus jeep, station wagon, swamp buggy or similar
type equipment.
POWER EQUIPMENT OPERATOR CLASSIFICATIONS
GROUP 1 - Backhoe, dragline, clam, crane, ditching machine, side booms (except those in
GROUP 2), mechanic, operator on dredges, bulldozer, cleaning machine, coating machine, back
filler, motor grader, end loader (3 yd. & over), blending machine, wate-kote machine,equipment
welder, track tractor
GROUP 2 - Pipe dream, gin truck or winch truck with poles when used for hoisting, side boom
(cradling rock drill), tow tractor„ farm tractor, road boring machine, end loader (under 3 y.d),
fork lift (industrial type), pot fireman (power agitated); straightening machine, boring machine,
bombardier (track or tow rig), mobile lubrication & service engineer, hydrostatic testing
operator, rollagon or similar type equipment
GROUP 3 Fuel man, oiler or swamper (on trenching machine or shovel- type equipment)
WELDERS - Receive rate prescribed for craft performing operation to which welding is
incidental.
Agreement No. RIOAC60R043
Unlisted classifications needed for work not included within the scope of the classifications
listed may be added after award only as provided in the labor standards contract clauses (29CFR
5.5 (a) (1) (ii)).
In the listing above, the "SU" designation means that rates listed under the identifier do not
reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions
whose rates have been determined to be prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
• an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of surveys, should be
with the Wage and Hour Regional Office for the area in which the survey was conducted because
those Regional Offices have responsibility for the Davis -Bacon survey program. If the response
from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be
followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact
should be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the
action) can request review and reconsideration from the Wage and Hour Administrator (See 29
CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
Agreement No. RI OAC60R043
The request should be accompanied by a full statement of the interested party's position and by
any information (wage payment data, project description, area practice material, etc.) that the
requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to
the Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
In the listing above, the "SU" designation means that rates listed under the identifier do not
reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions
whose rates have been determined to be prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
* an existing published wage determination
• a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for summaries of surveys, should be
with the Wage and Hour Regional Office for the area in which the survey was conducted because
those Regional Offices have responsibility for the Davis -Bacon survey program. If the response
from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be
followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact
should be with the Branch of Construction Wage Determinations. Write to:
Agreement No. R 10AC60R043
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the
action) can request review and reconsideration from the Wage and Hour Administrator (See 29
CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and by
any information (wage payment data, project description, area practice material, etc.) that the
requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to
the Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
General Decision Number: TX100039 03/12/2010 TX39
Superseded General Decision Number: TX20080039
State: Texas
Construction Types: Heavy (Sewer/Water Treating Plant and Sewer/Incid. to Hwy.)
Agreement No. R f OAC6OR043
Counties: Bell, Bosque, Coryell, Falls, Freestone, Hamilton, Hill, Lampasas, Leon, Limestone,
McLennan, Milam, Mills, Navarro, Robertson and Williamson Counties in Texas.
WATER & SEWAGE TREATMENT PLANTS AND LIFT PUMP STATIONS
Modification Number Publication Date
0 03/12/2010
SUTX 1990-003 2/09/1990
Rates Fringes
CARPENTER $ 9.00
CEMENT MASON/
CONCRETE FINISHER......$ 8.00
ELECTRICIAN $ 13.45 .80+8 1/2%
Form Builder $ 7.25
Form Setter $ 7.25
LABORER $ 7.25
Pipelayer $ 7.50
Power equipment operators:
Bulldozers $ 7.25
Cranes, Clamshells,
Backhoes, Derricks,
Dragline, Shovels $ 7.25
Front End Loaders $ 10.00
Scrapers $ 7.25
Steel Setter $ 9.50
Steel Worker $ 7.25
Truck drivers:
Tandem Axles $ 7.25
Transit Mix $ 7.25
Utility Laborer $ 7.25
Agreement No. R 10AC60R043
WELDERS - Receive rate prescribed for craft performing operation to which welding is
incidental
WELDERS - Receive rate prescribed for craft performing operation to which welding is
incidental.
Unlisted classifications needed for work not included within the scope of the classifications
listed may be added after award only as provided in the labor standards contract clauses (29CFR
5.5 (a) (1) (ii)).
In the listing above, the "SU" designation means that rates Listed under the identifier do not
reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions
whose rates have been determined to be prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can be:
• an existing published wage determination
* a survey underlying a wage determination
• a Wage and Hour Division letter setting forth a position on a wage determination matter
• a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests for sutnmaries of surveys, should be
with the Wage and Hour Regional Office for the area in which the survey was conducted because
those Regional Offices have responsibility for the Davis -Bacon survey program. If the response
from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be
followed.
With regard to any other matter not yet ripe for the formal process described here, initial contact
should be with the Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
Agreement No. Ri0AC60R043
2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the
action) can request review and reconsideration from the Wage and Hour Administrator (See 29
CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and by
any information (wage payment data, project description, area practice material, etc.) that the
requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to
the Administrative Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
Agreement No. R t 0AC60R043
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
Agenda Item No. 1062.
Ci Council A enda Summar Sheet
Consider a resolution authorizing the Mayor to execute the United States Department of
Agenda Caption: the Interior Bureau of Reclamation Assistance Agreement for reuse water funds.
Meeting Date: August 26, 2010
Department: Infrastructure Development and Construction Management
Staff Person making presentation:
Item Summary:
The Bureau of Reclamation was appropriated $1 billion under the American Recovery and Reinvestment Act (ARRA)
of 2009 to repair America's water infrastructure and help address the country's long-term water supply challenges.
Projects being funded under the Act have been specifically identified and approved by the Secretary of the Interior.
Upon execution of this Cooperative Agreement by September 30, 2010, the City is approved to receive $1,228,575 in
federal funds to complete Phases IA and IB of the Williamson County Water Reclamation and Reuse Project. These
funds represent a 25% cost reimbursement to the City for the design and construction of the Old Settlers Park Reuse
Water Line (Phase IA) and the Treatment and Pumping Improvements at the Brushy Creek Regional Wastewater
Treatment Plant (Phase IB). A consolidated water reclamation and reuse system within the City will help accelerate
the conversion to effluent reuse at locations now using raw water, or potable drinking water, for irrigation purposes
and will free up current and future sources of raw and potable drinking water.
Strategic Plan Relevance:
27.0 Ensure there is an adequate, affordable, and safe water supply
Cost: N/A
Source of Funds: N/A
Date of Public Hearing (if required): N/A
Recommended Action: Approve Memorandum of Understanding