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RES 2012-0070 - Funding to continue stabilization of deteriorating exterior lead-based paintI _ E oNIAHA,iv of °: Planning Department • ��;�, � Omaha/Douglas Civic Center • ,J ,1, ',rn.. rt�� 12 ��i� 1 2 �� 1819 Farnam Street,Suite 1100 ®,' rl � � 9: le 1 Omaha,Nebraska 68183 °�; t`''ro (402)444 5150 CITY 'tic u,. Telefax(402)444-5150 O�'TEDFEBR �� C.F ids t MAMA, e % i r . R.E.Cunningham,RA,F.SAME City of Omaha Director Jim Suttle,Mayor January 24, 2012 Honorable President and Members of the City Council, The attached Resolution authorizes the Mayor to execute the attached Agreement and subsequent amendments to the U.S. Environmental Protection Agency (EPA) Cooperative Agreement V- 97733501-0. This Cooperative Agreement authorizes the City of Omaha to contract for and oversee the stabilization of exterior lead-based paint of residential properties in the Omaha Lead Site. This Cooperative Agreement will continue over time with amendments to extend the time period and award additional funding as work is completed. This agreement will continue the activity by approved funding of$4,999,056.00. The City of Omaha is not required to provide any non-Federal funding for the work under this Cooperative Agreement or to perform any work for which it is not paid or reimbursed by Federal or State funding. This Agreement allows the City of Omaha to bring its expertise in lead-based paint hazard controko assist the U.S. Environmental Protection Agency with these activities. We urge your favorable consideration of this Resolution. Respectfully submitted, Referred to City Council for Consideration: S ► lrzli� E. Cunni a •, ' 'E0111 Date Mayor's Office Date Planning Drector Z Approved: ce..a. 4,14.... ., /,_/a iA Pam Spaccarotella Date ' Finance Director Plnlsf1640-cover letter s. Deep impacts were not adequately evaluated due to the existence of the holder slab, existing structures, site topography and on-site utilities. Tentative screen intervals are 10- 20 ft. and 25-35 ft. • MW-06: This well location is near S. 20th Street in the area between the historical meter house and purifier house and will include both a water table well and a deep well. This location is east of most of the site structures but is also generally down-gradient from all three gas holders. Well screens will be placed approximately at 15-30 ft. and 35-45ft. for the shallow and deep wells respectively. • MW-07: This well pair is located along the northwestern edge of the original MGP property near the base of the railroad right-of-way embankment. This well location is down-gradient of the MGP operating and tar handling areas. Tentative screen intervals for water table and deep wells are 10-25 ft. and 30-45 ft. respectively. Both shallow and deep impacts were observed during the SSI activities up-gradient of these well locations. If impacts are observed in groundwater at these locations, additional off-site well installation maybe required. ject to,interpreted and enforced according under this Agreement. Such indemnification includes claims arising to the laws of the State of Missouri without regard to any conflicts of out of or in any way relating to the actual, alleged, or threatened law provisions. Parties agree to submit to the exclusive venue and dispersal, escape, or release of, or failure to detect or contain jurisdiction of the 16th Judicial Circuit Court of Jackson County chemicals, wastes, liquids, gases or any other material, irritant, Missouri, or the United States District Court, Western District of contaminant or pollutant. Missouri. 12.ON-SITE SERVICES 18.RIGHTS AND BENEFITS—NO ASSIGNMENT A. Project site visits by BMCD during investigation, observation, BMCD's services will be performed solely for the benefit of Client and construction or equipment installation, or the furnishing of Project not for the benefit of any other persons or entities. Neither Client nor representatives shall not make BMCD responsible for construction BMCD shall assign or transfer interest in this Agreement without the means, methods, techniques, sequences or procedures; for written consent of the other. construction safety precautions or programs; or for any construction 19.ENTIRE CONTRACT contractor(s')failure to perform its work in accordance with the contract documents. These Terms and Conditions and the above-referenced Letter, B. Client shall disclose to BMCD the location and types of any known Proposal or Agreement contain the entire agreement between BMCD or suspected toxic,hazardous or chemical materials or wastes existing and Client relative to BMCD's services for the Project herein. All on or near the premises upon which work is to be performed by previous or contemporaneous agreements, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination, plus reasonable costs incurred by BMCD in terminating the services. In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc V-97733501-0 Page 1 GRANT NUMBER(FAIN): 97733501 ;b ,EO srok, V.S. ENVIRONMENTAL MODIFICATION NUMBER: 0, DATE OF AWARD PROGRAM CODE: V 12/29/2011 i it VI PROTECTION AGENCY TYPE OF ACTION MAILING DATE New 01/05/2012 Zri Q Cooperative Agreement PAYMENT METHOD: ACH# ASAP 77533 ‘..„. qA PRO'' RECIPIENT TYPE: Send Payment Request to: Municipal • U.S.Environmental Protection Agency-Las Vegas FC P.O.Box 98515,Las Vegas,NV 89193-8515 Phone:#702-798-2426,Fax:#702-798-2423 RECIPIENT: PAYEE: City of Omaha City of Omaha ...- 1819 Famam Street Suite 300 1819 Farnam Street Suite 300 Omaha,NE 68183 Omaha,NE 68183 - '; ~ EIN: 47-6006304 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Steve Zivny Marie Rabenau Connie Allen I 1819 Famam Street Suite 300 901 North Fifth Street,SUPR/IO Grants Management Office,PLMG/RFMB/GRMS Omaha,NE 68183 Kansas City,KS 66101 E-Mail: AIIen.Connie@epamail.epa.gov E-Mail: steven.zivny@ci.omaha.ne.us E-Mail: Rabenau.Marie@epamail.epa.gov Phone:913-551-7363 Phone:402-444-1614 Phone:913-551-7968 PROJECT TITLE AND DESCRIPTION Exterior Paint Stabilization This cooperative agreement will provide financial support for the City of Omaha to continue its efforts to reduce lead hazards by providing exterior lead based paint stabilization where deteriorating lead based paint would cause recontamination of soil. This work will include working with communities,targeted populations and those at risk due to potential adverse health effects from hazardous waste contamination. BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 01/01/2012 - 12/31/2014 01/01/2012 - 12/31/2014 $4,999,056.00 $4,999,056.00 NOTICE OF AWARD Based on your application dated 11/14/2011,including all modifications and amendments,the United States acting by and through the US Environmental Protection Agency(EPA),hereby awards$4,999,056. EPA agrees to cost-share 100.00%of all approved budget period costs incurred,up to and not exceeding total federal funding of$4,999,056. Such award may be terminated by EPA without further cause if the recipient fails to provide timely affirmation of the award by signing under the Affirmation of Award section and returning all pages of this agreement to the Grants Management Office listed below within 21 days after receipt,or any extension of time,as may be granted by EPA. This agreement is subject to applicable EPA statutory provisions. The applicable regulatory provisions are 40 CFR Chapter 1, Subchapter B,and all terms and conditions of this agreement and any attachments. ISSUING OFFICE(GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION/ADDRESS ORGANIZATION/ADDRESS Grants Management Office U.S.EPA,Region 7 901 North Fifth Street Superfund Division Kansas City,KS 66101 901 North Fifth Street Kansas City,KS 66101 THE UNITED STATES OF AMERICA BY THE U.S.ENVIRONMENTAL PROTECTION AGENCY Digital signature applied by EPA Award Official Karen L.Sherrill-Grants Management Officer DATE 12/29/2011 AFFIRMATION OF AWARD BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION SIGNATU TYPED NAME AND TITLE DATE ",,, Jim Suttle,Mayor Qd/eA��Z •TTEST: i , ‘3L>. //2/2_— eater Br , City Clerk ilure to detect or contain jurisdiction of the 16th Judicial Circuit Court of Jackson County chemicals, wastes, liquids, gases or any other material, irritant, Missouri, or the United States District Court, Western District of contaminant or pollutant. Missouri. 12.ON-SITE SERVICES 18.RIGHTS AND BENEFITS—NO ASSIGNMENT A. Project site visits by BMCD during investigation, observation, BMCD's services will be performed solely for the benefit of Client and construction or equipment installation, or the furnishing of Project not for the benefit of any other persons or entities. Neither Client nor representatives shall not make BMCD responsible for construction BMCD shall assign or transfer interest in this Agreement without the means, methods, techniques, sequences or procedures; for written consent of the other. construction safety precautions or programs; or for any construction 19.ENTIRE CONTRACT contractor(s')failure to perform its work in accordance with the contract documents. These Terms and Conditions and the above-referenced Letter, B. Client shall disclose to BMCD the location and types of any known Proposal or Agreement contain the entire agreement between BMCD or suspected toxic,hazardous or chemical materials or wastes existing and Client relative to BMCD's services for the Project herein. All on or near the premises upon which work is to be performed by previous or contemporaneous agreements, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination, plus reasonable costs incurred by BMCD in terminating the services. In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc EPA Funding Information V-97733501-0 Page2 FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ $4,999,056 $4,999,056 EPA In-Kind Amount $ $ $ 0 Unexpended Prior Year Balance $ $ $0 Other Federal Funds $ $ $0 Recipient Contribution $ $ $0 State Contribution - $ $ $0 Local Contribution $ $ $0 Other Contribution $ $ $0 Allowable Project Cost $0 $4,999,056 $4,999,056 Assistance Program(CFDA) Statutory Authority Regulatory Authority 66.802-Superfund State Political Subdivision and CERCLA:Sec.104(d)(1) 40 CFR PTS 31&35 SUBPT 0 Indian Tribe Site Specific Cooperative Agreements Fiscal Site Name Req No FY Approp. Budget PRC Object Site/Project Cost Obligation/ Code Organization Class Organization Deobligation OMAHA 1207W12007 12 TR2' 07WOR 303DD2 4185 07ZYRA02 C002 4,999,056 • 4,999,056 l: AIIen.Connie@epamail.epa.gov E-Mail: steven.zivny@ci.omaha.ne.us E-Mail: Rabenau.Marie@epamail.epa.gov Phone:913-551-7363 Phone:402-444-1614 Phone:913-551-7968 PROJECT TITLE AND DESCRIPTION Exterior Paint Stabilization This cooperative agreement will provide financial support for the City of Omaha to continue its efforts to reduce lead hazards by providing exterior lead based paint stabilization where deteriorating lead based paint would cause recontamination of soil. This work will include working with communities,targeted populations and those at risk due to potential adverse health effects from hazardous waste contamination. BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 01/01/2012 - 12/31/2014 01/01/2012 - 12/31/2014 $4,999,056.00 $4,999,056.00 NOTICE OF AWARD Based on your application dated 11/14/2011,including all modifications and amendments,the United States acting by and through the US Environmental Protection Agency(EPA),hereby awards$4,999,056. EPA agrees to cost-share 100.00%of all approved budget period costs incurred,up to and not exceeding total federal funding of$4,999,056. Such award may be terminated by EPA without further cause if the recipient fails to provide timely affirmation of the award by signing under the Affirmation of Award section and returning all pages of this agreement to the Grants Management Office listed below within 21 days after receipt,or any extension of time,as may be granted by EPA. This agreement is subject to applicable EPA statutory provisions. The applicable regulatory provisions are 40 CFR Chapter 1, Subchapter B,and all terms and conditions of this agreement and any attachments. ISSUING OFFICE(GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION/ADDRESS ORGANIZATION/ADDRESS Grants Management Office U.S.EPA,Region 7 901 North Fifth Street Superfund Division Kansas City,KS 66101 901 North Fifth Street Kansas City,KS 66101 THE UNITED STATES OF AMERICA BY THE U.S.ENVIRONMENTAL PROTECTION AGENCY Digital signature applied by EPA Award Official Karen L.Sherrill-Grants Management Officer DATE 12/29/2011 AFFIRMATION OF AWARD BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION SIGNATU TYPED NAME AND TITLE DATE ",,, Jim Suttle,Mayor Qd/eA��Z •TTEST: i , ‘3L>. //2/2_— eater Br , City Clerk ilure to detect or contain jurisdiction of the 16th Judicial Circuit Court of Jackson County chemicals, wastes, liquids, gases or any other material, irritant, Missouri, or the United States District Court, Western District of contaminant or pollutant. Missouri. 12.ON-SITE SERVICES 18.RIGHTS AND BENEFITS—NO ASSIGNMENT A. Project site visits by BMCD during investigation, observation, BMCD's services will be performed solely for the benefit of Client and construction or equipment installation, or the furnishing of Project not for the benefit of any other persons or entities. Neither Client nor representatives shall not make BMCD responsible for construction BMCD shall assign or transfer interest in this Agreement without the means, methods, techniques, sequences or procedures; for written consent of the other. construction safety precautions or programs; or for any construction 19.ENTIRE CONTRACT contractor(s')failure to perform its work in accordance with the contract documents. These Terms and Conditions and the above-referenced Letter, B. Client shall disclose to BMCD the location and types of any known Proposal or Agreement contain the entire agreement between BMCD or suspected toxic,hazardous or chemical materials or wastes existing and Client relative to BMCD's services for the Project herein. All on or near the premises upon which work is to be performed by previous or contemporaneous agreements, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination, plus reasonable costs incurred by BMCD in terminating the services. In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc V-97733501 -0 Page 3 Budget Summary Page Table A-Object Class Category Total Approved Allowable (Non-construction) Budget Period Cost 1.Personnel $828,632 2.Fringe Benefits $368,680 3.Travel • $10,899 4.Equipment $0 5.Supplies $2,400 6.Contractual $3,750,000 7.Construction $0 8.Other $38,445 9.Total Direct Charges $4,999,056 10.Indirect Costs: % Base $0 11.Total(Share: Recipient 0.00% Federal 100.00%.) $4,999,056 12.Total Approved Assistance Amount $4,999,056 13.Program Income $0 14.Total EPA Amount Awarded This Action $4,999,056 15.Total EPA Amount Awarded To Date $4,999,056 � ITY COUNCIL DOCUMENTS\2011\30142dIm 1 • , V-97733501-0 Page 4 Administrative Conditions 1. I. Central Contractor Registration and Universal Identifier Requirements. A. Requirement for Central Contractor Registration(CCR). Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the currency of • your information in the CCR until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term. • B. Requirement for Data Universal Numbering System (DUNS) numbers. If you are authorized to make subawards under this award, you: 1.Must notify potential subrecipients that no entity(see definition in paragraph C of this award term) may receive a subaward from you unless the entity has provided its DUNS number to you. 2.May not make a subaward to an entity unless the entity has provided its DUNS number to you. • C. Definitions. For purposes of this award term: 1.Central Contractor Registration(CCR) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the CCR Internet site(currently at http://www.ccr.gov). 2.Data Universal Numbering System (DUNS) number means the nine-digit number established and assigned by Dun and Bradstreet, Inc. (D&B)to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone(currently 866-705-5711)or the Internet(currently at http://fedgov.dnb.com/webform). 3.Entity,as it is used in this award term, means all of the following, as defined at • 2 CFR part 25, subpart C: a.A Governmental organization, which is a State, local government, or Indian tribe; b.A foreign public entity; c. A domestic or foreign nonprofit organization; d.A domestic or foreign for-profit organization; and e.A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity. 4.Subaward: a.This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. b.The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec._.210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations"). c.A subaward may be provided through any legal agreement, including an agreement that you consider a contract. 5.Subrecipient means an entity that: a.Receives a subaward from you under this award; and b.Is accountable to you for the use of the Federal funds provided by OTECTION AGENCY Digital signature applied by EPA Award Official Karen L.Sherrill-Grants Management Officer DATE 12/29/2011 AFFIRMATION OF AWARD BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION SIGNATU TYPED NAME AND TITLE DATE ",,, Jim Suttle,Mayor Qd/eA��Z •TTEST: i , ‘3L>. //2/2_— eater Br , City Clerk ilure to detect or contain jurisdiction of the 16th Judicial Circuit Court of Jackson County chemicals, wastes, liquids, gases or any other material, irritant, Missouri, or the United States District Court, Western District of contaminant or pollutant. Missouri. 12.ON-SITE SERVICES 18.RIGHTS AND BENEFITS—NO ASSIGNMENT A. Project site visits by BMCD during investigation, observation, BMCD's services will be performed solely for the benefit of Client and construction or equipment installation, or the furnishing of Project not for the benefit of any other persons or entities. Neither Client nor representatives shall not make BMCD responsible for construction BMCD shall assign or transfer interest in this Agreement without the means, methods, techniques, sequences or procedures; for written consent of the other. construction safety precautions or programs; or for any construction 19.ENTIRE CONTRACT contractor(s')failure to perform its work in accordance with the contract documents. These Terms and Conditions and the above-referenced Letter, B. Client shall disclose to BMCD the location and types of any known Proposal or Agreement contain the entire agreement between BMCD or suspected toxic,hazardous or chemical materials or wastes existing and Client relative to BMCD's services for the Project herein. All on or near the premises upon which work is to be performed by previous or contemporaneous agreements, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination, plus reasonable costs incurred by BMCD in terminating the services. In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc the subaward. 2. Reporting Subawards and Executive Compensation a.Reporting of first-tier subawards. 1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that obligates$25,000 or more in • Federal funds that does not include,Recovery funds(as defined in section 1512(a)(2)of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5)for a subaward to an entity(see definitions in paragraph e of this award term). • 2. Where and when to report. i. . You must report each obligating action described in paragraph a.1.of this award term to www.fsrs.qov. ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.) • 3.What to report. You must report the information about each obligating. action that the submission instructions posted at www.fsrs.gov specify. b.Reporting Total Compensation of Recipient Executives. 1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if— i. the total Federal funding authorized to date under this award is $25,000 or more; ii. in the preceding fiscal year, you received— (A) 80 percent or more of your annual gross revenues from Federal procurement contracts(and subcontracts)and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320(and subawards); and (B)$25,000,000 or more in annual gross revenues from Federal procurement contracts(and subcontracts)and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320(and subawards); and iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of 1934 • (15 U.S.C. 78m(a), 78o(d))or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) - 2. Where and when to report. You must report executive total compensation described in paragraph b.1. of this award term: i. As part of your registration profile at www.ccr.gov. ii. By the end of the month following the month in which this award is made, and annually thereafter. c.Reporting of Total Compensation of Subrecipient Executives. 1: Applicability and what to report. Unless you are exempt as provided in paragraph d.of this award term, for each first-tier subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if-- t Officer DATE 12/29/2011 AFFIRMATION OF AWARD BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION SIGNATU TYPED NAME AND TITLE DATE ",,, Jim Suttle,Mayor Qd/eA��Z •TTEST: i , ‘3L>. //2/2_— eater Br , City Clerk ilure to detect or contain jurisdiction of the 16th Judicial Circuit Court of Jackson County chemicals, wastes, liquids, gases or any other material, irritant, Missouri, or the United States District Court, Western District of contaminant or pollutant. Missouri. 12.ON-SITE SERVICES 18.RIGHTS AND BENEFITS—NO ASSIGNMENT A. Project site visits by BMCD during investigation, observation, BMCD's services will be performed solely for the benefit of Client and construction or equipment installation, or the furnishing of Project not for the benefit of any other persons or entities. Neither Client nor representatives shall not make BMCD responsible for construction BMCD shall assign or transfer interest in this Agreement without the means, methods, techniques, sequences or procedures; for written consent of the other. construction safety precautions or programs; or for any construction 19.ENTIRE CONTRACT contractor(s')failure to perform its work in accordance with the contract documents. These Terms and Conditions and the above-referenced Letter, B. Client shall disclose to BMCD the location and types of any known Proposal or Agreement contain the entire agreement between BMCD or suspected toxic,hazardous or chemical materials or wastes existing and Client relative to BMCD's services for the Project herein. All on or near the premises upon which work is to be performed by previous or contemporaneous agreements, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination, plus reasonable costs incurred by BMCD in terminating the services. In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc i. in the subrecipient's preceding fiscal year, the subrecipient received— (A)80 percent or more of its annual gross revenues from Federal procurement contracts(and subcontracts)and Federal financial • assistance subject to the Transparency Act, as defined at 2 CFR 170.320(and subawards); and (B)$25,000,000 or more in annual gross revenues from Federal procurement contracts(and subcontracts), and Federal financial assistance subject to the Transparency Act(and subawards); and ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d))or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) 2. Where and when to report. You must-report subrecipient executive total compensation described in paragraph c.1. of this award term: i. To the recipient. ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year(i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. d.Exemptions- If, in the previous tax year, you had gross income, from all sources, under$300,000, you are exempt from the requirements to report: i. subawards, and; • ii.the total compensation of the five most highly compensated executives of any subrecipient. e. Definitions. For purposes of this award term: 1.Entity means all of the following, as defined in 2 CFR part 25: i. A Governmental organization, which is a State, local government, or Indian tribe; • ii.A foreign public entity; iii. A domestic or foreign nonprofit organization; iv. A domestic or foreign for-profit organization; v.A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity. 2. Executive means officers, managing partners, or any other employees in management positions. 3. Subaward: i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carryout the project or program (for further explanation, see Sec. --.210 of the attachment to OMB Circular A-133,"Audits of States, Local Governments, and Non-Profit Organizations") . iii.A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. . 4. Subrecipient means an entity that: i. Receives a subaward from you (the recipient) under this award; and TION OF AWARD BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION SIGNATU TYPED NAME AND TITLE DATE ",,, Jim Suttle,Mayor Qd/eA��Z •TTEST: i , ‘3L>. //2/2_— eater Br , City Clerk ilure to detect or contain jurisdiction of the 16th Judicial Circuit Court of Jackson County chemicals, wastes, liquids, gases or any other material, irritant, Missouri, or the United States District Court, Western District of contaminant or pollutant. Missouri. 12.ON-SITE SERVICES 18.RIGHTS AND BENEFITS—NO ASSIGNMENT A. Project site visits by BMCD during investigation, observation, BMCD's services will be performed solely for the benefit of Client and construction or equipment installation, or the furnishing of Project not for the benefit of any other persons or entities. Neither Client nor representatives shall not make BMCD responsible for construction BMCD shall assign or transfer interest in this Agreement without the means, methods, techniques, sequences or procedures; for written consent of the other. construction safety precautions or programs; or for any construction 19.ENTIRE CONTRACT contractor(s')failure to perform its work in accordance with the contract documents. These Terms and Conditions and the above-referenced Letter, B. Client shall disclose to BMCD the location and types of any known Proposal or Agreement contain the entire agreement between BMCD or suspected toxic,hazardous or chemical materials or wastes existing and Client relative to BMCD's services for the Project herein. All on or near the premises upon which work is to be performed by previous or contemporaneous agreements, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination, plus reasonable costs incurred by BMCD in terminating the services. In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc ii.Is accountable to you for the use of the Federal funds provided by the subaward. 5.Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following(for more information see 17 CFR 229.402(c)(2)): i. Salary and bonus . , ii. Awards of stock, stock options, and stock appreciation rights . Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the , Statement of Financial Accounting Standards No. 123(Revised 2004) • (FAS 123R), Shared Based Payments. iii.Earnings for services under non-equity incentive plans . This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. vi:Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. v. Above-market earnings on deferred compensation which is not tax- qualified . vii. Other compensation, if the aggregate value of all such other compensation(e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property)for the executive exceeds$10,000. 3. Recipient agrees to submit the Federal Financial Report(FFR)form SF-425 to EPA no later than ninety(90)days after the end of the grant budget/project period. The EPA requires only the information requested on FFR lines 10d through 100. A blank FFR is available for completion on the Las Vegas Finance Center's(LVFC)website: http://www.epa.qov/ocfo/finservices/forms.htm The Final FFR form SF-425 must be submitted to: U.S. EPA-Las Vegas FC, P.O. Box 98515, Las Vegas, NV 89193-8515. • 4. Recipient agrees to submit, at a minimum, a quarterly billing(payment)request(s)to the EPA, for all eligible, allowable, allocable, necessary and reasonable costs which are incurred for this project/program. A payment request is not required to be submitted in the event that the recipient has not incurred such costs during the quarterly period, but more frequent payments may be requested as costs are incurred. 5. The Recipient agrees that none of the funds provided under this agreement may be used for • subawards/subgrants or contracts to the Association of Community Organizations for Reform Now(ACORN)or any of its subsidiaries. Congress has prohibited the EPA • from using its FY 2010 and/or FY 2011 appropriations to provide funds to ACORN or its subsidiaries. Recipients should direct any questions about this prohibition to the EPA Grants Management Specialist listed on the first page of this award document. 6. Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable. The term "management fees or similar charges" refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing , business expenses, unforeseen liabilities, or for other similar costs which are not allowable under this assistance agreement. Management fees or similar charges may not be used to improve or expand the project funded under this agreement, except to the extent authorized as a direct cost of carrying out the scope of work. 7. Pursuant to EPA's annual Appropriations Act, the chief executive officer of this recipient agency shall require that no grant funds have been used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. Recipient agrees to comply with the respective OMB Circular(A-21, A-87, or A-122), SIGNMENT A. Project site visits by BMCD during investigation, observation, BMCD's services will be performed solely for the benefit of Client and construction or equipment installation, or the furnishing of Project not for the benefit of any other persons or entities. Neither Client nor representatives shall not make BMCD responsible for construction BMCD shall assign or transfer interest in this Agreement without the means, methods, techniques, sequences or procedures; for written consent of the other. construction safety precautions or programs; or for any construction 19.ENTIRE CONTRACT contractor(s')failure to perform its work in accordance with the contract documents. These Terms and Conditions and the above-referenced Letter, B. Client shall disclose to BMCD the location and types of any known Proposal or Agreement contain the entire agreement between BMCD or suspected toxic,hazardous or chemical materials or wastes existing and Client relative to BMCD's services for the Project herein. All on or near the premises upon which work is to be performed by previous or contemporaneous agreements, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination, plus reasonable costs incurred by BMCD in terminating the services. In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc which prohibits the use of federal grant funds for litigation against the United States. Recipients subject to the requirements of 40 CFR Part 30 agree to comply with the respective OMB Circular(A-21 or A-122), which prohibits the use of Federal grant funds to participate in various forms of lobbying or other political activities. 8. Recipient agrees to comply with the Anti-Lobbying Act, Section 319 of Public Law 101-121, effective December 23, 1989. Recipient acknowledges that if any expenditure is made as prohibited by the Act, that he shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure. Recipient further acknowledges that failure to file or amend the disclosure form, if required, shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Recipient also agrees to include in all solicitation documents the following: "Sub recipients who request or receive from the grant recipient a subgrant, contract, or subcontract exceeding $100,000, at any tier under a federal grant shall comply with the Anti-Lobbying Act; Section 319 of Public.Law 101-121, and file an Anti-Lobbying Certification form, and the Disclosure of Lobbying Activities form, if required, to the next tier above." 9. Recipient agrees to fully comply.with Subpart C of 2 CFR Part 180 and 2 CFR Part 1532, entitled Responsibilities of Participants Regarding Transactions. Recipient must ensure that any lower tier covered transaction, as described in Subpart B of 2 CFR Part 180 and 2 CFR Part 1532, •entitled Covered Transactions, includes a term or condition requiring compliance with Subpart C. Recipient agrees to include a similar term or condition in any subsequent lower tier covered transactions. Recipient agrees that failing to disclose the required information in 2 CFR 180.335 may result in the delay or negation of this assistance agreement, or pursuance of legal remedies, including suspension and debarment. Recipient may access the Excluded Parties List System at www.epls.qov. 10. The recipient agrees to an ongoing, good faith effort to maintain a drug-free work place pursuant to the specific requirements set forth in Title 40 CFR 36.200- • 36.230. Additionally, in accordance with these regulations, the recipient must identify all known workplaces under its federal awards, and keep this information on file during the performance of the award. Recipients classified as individuals must comply with the drug-free provisions set forth in Title 40 CFR 36.300. • Details concerning violation of this condition may be found under Title 40 CFR 36.510. 11. Recipient agrees to ensure that all space for conferences, meetings, conventions or training funded in whole or in part with Federal funds comply with the Hotel and Motel Fire Safety Act of 1990. 12. The Recipient agrees if$500,000 or more in total Federal funds is expended in any fiscal year, they will obtain a single audit from an independent auditor according to the guidance provided in OMB Circular A-133. The Recipient agrees that within nine months after the fiscal year end or 30 days after receiving the report from the auditor, they will electronically submit a copy of the data collection form SF-SAC and a Single Audit Report Package to the Federal Audit Clearinghouse Internet Data Entry System. For complete instructions for electronic submission of the SF-SAC and the Single Audit Report Package are located at the Federal Audit Clearinghouse Web site: http:llharvester.census.govlfac/ 13. To implement requirements of Section 106 of the Trafficking Victims Protection Act of in lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. Recipient agrees to comply with the respective OMB Circular(A-21, A-87, or A-122), SIGNMENT A. Project site visits by BMCD during investigation, observation, BMCD's services will be performed solely for the benefit of Client and construction or equipment installation, or the furnishing of Project not for the benefit of any other persons or entities. Neither Client nor representatives shall not make BMCD responsible for construction BMCD shall assign or transfer interest in this Agreement without the means, methods, techniques, sequences or procedures; for written consent of the other. construction safety precautions or programs; or for any construction 19.ENTIRE CONTRACT contractor(s')failure to perform its work in accordance with the contract documents. These Terms and Conditions and the above-referenced Letter, B. Client shall disclose to BMCD the location and types of any known Proposal or Agreement contain the entire agreement between BMCD or suspected toxic,hazardous or chemical materials or wastes existing and Client relative to BMCD's services for the Project herein. All on or near the premises upon which work is to be performed by previous or contemporaneous agreements, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination, plus reasonable costs incurred by BMCD in terminating the services. In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc 2000, as amended, the following provisions apply to this award: a. We, as the Federal awarding agency may unilaterally terminate this award, without penalty, if a sub-recipient that is a private entity: (1)is determined to have violated an applicable prohibition in the Prohibition Statement below; or(2) has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in the Prohibition Statement below through conduct that is either: (a)associated with performance under this award; or(b) 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 Government wide Debarment and Suspension(Non-procurement),"as implemented by our agency at 2 CFR part 1532. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in the Prohibition Statement below. b. Our right to terminate unilaterally that is described in paragraph a of this award term: (1) implements section 106(g)of the Trafficking Victims Protection Act of 2000(TVPA), as amended (22 U.S.C. 7104(g)), and (2)is in addition to all other remedies for noncompliance that are available to us under this award. c. You must include the requirements of the Prohibition Statement below in any subaward you make to a private entity. Prohibition Statement- You as the recipient, your employees, sub-recipients under this award, and sub-recipients'employees may not engage in severe forms of trafficking in persons during the period of time that the award is in effect; procure a commercial sex act during the period of time that the award is in effect; or use forced labor in the performance of the award or sub-awards under the award. 14. The Recipient agrees, in accordance with EPA Order 1000.25 and Executive Order 13423, Strengthening Federal Environmental, Energy and Transportation Management (January 24, 2007), the recipient agrees to use recycled paper and double sided printing for all reports which are prepared as a part of this agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which are printed on recycled paper and are available through the General Services Administration. The Recipient agrees to follow the requirements set out in Section 6002 of the Resource Conservation and Recovery Act(RCRA)(42 U.S.C. 6962). RCRA Section 6002 that preference be given in procurement programs to the purchase of specific products containing recycled materials identified in the guidelines contained in 40 CFR 247. 15. GENERAL COMPLIANCE, 40 CFR, Part 33-The recipient agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority and Women's Business Enterprises in procurement under assistance agreements, contained in 40 CFR, Part 33. FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart D-A recipient must-negotiate with the appropriate EPA award official, or his/her designee, fair share objectives for MBE and WBE (MBE/WBE)participation in procurement under the financial assistance agreements. Accepting the Fair Share Objectives/Goals of Another Recipient-The dollar amount of this assistance agreement is$250,000, or more; or the total dollar amount of all of the recipient's assistance agreements from EPA in the current fiscal year is$250,000, or more. The recipient accepts the applicable MBE/WBE fair share objectives/goals negotiated with EPA by the Nebraska Department of Environmental Quality(NDEQ) as follows: der existing law. Recipient agrees to comply with the respective OMB Circular(A-21, A-87, or A-122), SIGNMENT A. Project site visits by BMCD during investigation, observation, BMCD's services will be performed solely for the benefit of Client and construction or equipment installation, or the furnishing of Project not for the benefit of any other persons or entities. Neither Client nor representatives shall not make BMCD responsible for construction BMCD shall assign or transfer interest in this Agreement without the means, methods, techniques, sequences or procedures; for written consent of the other. construction safety precautions or programs; or for any construction 19.ENTIRE CONTRACT contractor(s')failure to perform its work in accordance with the contract documents. These Terms and Conditions and the above-referenced Letter, B. Client shall disclose to BMCD the location and types of any known Proposal or Agreement contain the entire agreement between BMCD or suspected toxic,hazardous or chemical materials or wastes existing and Client relative to BMCD's services for the Project herein. All on or near the premises upon which work is to be performed by previous or contemporaneous agreements, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination, plus reasonable costs incurred by BMCD in terminating the services. In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc Nebraska MBE WBE Supplies 5% 12% Equipment 6% 11 Services 5% 11% Construction 6% 8% By signing this financial assistance agreement, the recipient is accepting the fair share objectives/goals stated above and attests to the fact that it is purchasing the same or similar construction, supplies, services and equipment, in the same or similar relevant geographic buying market as NDEQ. Negotiating Fair Share Objectives/Goals, 40 CFR, Section 33.404-The recipient has the option to negotiate its own MBE/WBE fair share objectives/goals. If the recipient wishes to negotiate its own MBE/WBE fair share objectives/goals, the recipient agrees to submit proposed MBE/WBE objectives/goals based on an availability analysis, or disparity study, of qualified MBEs and WBEs in their relevant geographic buying market for construction, services, supplies and equipment. The submission of proposed fair share goals with the supporting analysis or disparity study means that the recipient is not accepting the fair share objectives/goals of another recipient. The recipient agrees to submit proposed fair share objectives/goals, together with the supporting availability analysis or disparity study, to the Regional MBE/WBE Coordinator within 120 days of its acceptance of the financial assistance award. EPA will respond to the proposed fair share objective/goals within 30 days of,receiving the submission. If proposed fair share objective/goals are not received within the 120 day time frame, the recipient may not expend its EPA funds for procurements until the proposed fair share objective/goals are submitted. SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C- Pursuant to 40 CFR, Section 33.301, the recipient agrees to make the following good faith efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement, and to ensure that sub-recipients, loan recipients, and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained: (a) Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. (b) Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. • This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. (c) Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. (d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. (e) Use the services and assistance of the SBA and the Minority Business Development Agency of the Department of Commerce. (f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs(a)through (e)of this section. Il year is$250,000, or more. The recipient accepts the applicable MBE/WBE fair share objectives/goals negotiated with EPA by the Nebraska Department of Environmental Quality(NDEQ) as follows: der existing law. Recipient agrees to comply with the respective OMB Circular(A-21, A-87, or A-122), SIGNMENT A. Project site visits by BMCD during investigation, observation, BMCD's services will be performed solely for the benefit of Client and construction or equipment installation, or the furnishing of Project not for the benefit of any other persons or entities. Neither Client nor representatives shall not make BMCD responsible for construction BMCD shall assign or transfer interest in this Agreement without the means, methods, techniques, sequences or procedures; for written consent of the other. construction safety precautions or programs; or for any construction 19.ENTIRE CONTRACT contractor(s')failure to perform its work in accordance with the contract documents. These Terms and Conditions and the above-referenced Letter, B. Client shall disclose to BMCD the location and types of any known Proposal or Agreement contain the entire agreement between BMCD or suspected toxic,hazardous or chemical materials or wastes existing and Client relative to BMCD's services for the Project herein. All on or near the premises upon which work is to be performed by previous or contemporaneous agreements, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination, plus reasonable costs incurred by BMCD in terminating the services. In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc MBE/WBE REPORTING, 40 CFR, Part 33, Sections 33.502 and 33.503-The recipient agrees to complete and submit EPA Form 5700-52A, "MBE/WBE Utilization Under Federal • Grants, Cooperative Agreements and Interagency Agreements" beginning with the Federal fiscal year reporting period the recipient receives the award, and continuing until the project is completed. Only procurements with certified MBE/WBEs are counted toward a recipient's MBE/WBE accomplishments. The reports must be submitted semiannually for the periods ending March 31 and September 30. The reports are due within 30 days of the end of the semiannual reporting periods (April 30 and October 30). Reports should be sent to ATTN: Grant Assistant. Final MBE/A/BE reports must be submitted within 90 days after the project period of the grant ends. Your grant cannot be officially closed without all MBEIWBE reports. EPA Form 5700-52A may be obtained from the EPA Office of Small Business Program's Home Page on the Internet at www.epa.gov/osbp. CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, Section 33.302-The recipient agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. BIDDERS LIST, 40 CFR, Section 33.501(b)and (c) - Recipients of a Continuing Environmental Program Grant or other annual reporting grant, agree to create and maintain a bidders list. Recipients of an EPA financial assistance agreement to capitalize a revolving loan fund also agree to require entities receiving identified loans to create and maintain a bidders list if the recipient of the loan is subject to, or chooses to follow, competitive bidding requirements. Please see 40 CFR, Section 33.501 (b)and (c)for specific requirements and exemptions. Programmatic Conditions . 1. The Recipient agrees that EPA may terminate this assistance agreement for failure to make sufficient progress so as to reasonably ensure completion of the project within the project period, including any extensions. The EPA Project Officer will measure sufficient progress by examining the performance required under the workplan in conjunction with the milestone schedule, the time remaining for performance within the project period, and/or the availability of funds necessary to complete the project. 2. Recipient agrees to comply with the following when selecting sub-recipients and establishing sub-awards: a) to establish all sub-award agreements in writing; b) to maintain primary responsibility for ensuring successful completion of the EPA-approved project(this responsibility cannot be delegated or transferred to a sub-recipient); c) to ensure that any sub-award(s) comply with the standards in Section 210(a)-(d)of OMB Circular A-133 and will not be used to acquire commercial goods or services for the recipient; d) to ensure that any sub-award(s)are awarded to eligible sub-recipient(s) and that proposed sup-award costs are necessary, reasonable, and allocable; e) to ensure that any sub-award(s)to 501(c)(4)organizations do not involve lobbying activities; f) to monitor the performance of the sub-recipient(s) and ensure that they comply with all applicable regulations, statutes, and terms and conditions which flow down in the sub-award; the services and assistance of the SBA and the Minority Business Development Agency of the Department of Commerce. (f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs(a)through (e)of this section. Il year is$250,000, or more. The recipient accepts the applicable MBE/WBE fair share objectives/goals negotiated with EPA by the Nebraska Department of Environmental Quality(NDEQ) as follows: der existing law. Recipient agrees to comply with the respective OMB Circular(A-21, A-87, or A-122), SIGNMENT A. Project site visits by BMCD during investigation, observation, BMCD's services will be performed solely for the benefit of Client and construction or equipment installation, or the furnishing of Project not for the benefit of any other persons or entities. Neither Client nor representatives shall not make BMCD responsible for construction BMCD shall assign or transfer interest in this Agreement without the means, methods, techniques, sequences or procedures; for written consent of the other. construction safety precautions or programs; or for any construction 19.ENTIRE CONTRACT contractor(s')failure to perform its work in accordance with the contract documents. These Terms and Conditions and the above-referenced Letter, B. Client shall disclose to BMCD the location and types of any known Proposal or Agreement contain the entire agreement between BMCD or suspected toxic,hazardous or chemical materials or wastes existing and Client relative to BMCD's services for the Project herein. All on or near the premises upon which work is to be performed by previous or contemporaneous agreements, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination, plus reasonable costs incurred by BMCD in terminating the services. In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc g) to obtain the appropriate consent from the EPA Project Officer prior to , making a sub-award to a foreign or international organization, or a sub-award to be . • • performed in a foreign country; and h) to obtain prior approval from the EPA Project Officer for any new sub- award work that is not outlined in the approved work plan in accordance with 40 CFR Parts 30.25 and 31.30, as applicable. Recipient agrees that any questions about the eligibility of a sub-recipient or other issues pertaining to the sub-award(s)will be addressed to the recipient's EPA Project Officer listed on the first page of your assistance award or assistance amendment document. Recipient agrees to be responsible for selection of any sub-recipient(s) and, if applicable, for conducting sub-award competitions. Additional information regarding sub-awards may be found at: http://www.epa.gov/ogd/guide/subaward-policy-part-2.pdf. Guidance for distinguishing between vendor and sub-recipient relationships and ensuring compliance with Section 210(a)-(d)of OMB Circular A-133 may be found at: http://www.epa.gov/ogd/guide/subawards-appendix-b.pdf http://www.whitehouse.gov/omb/financial fin single audit 3. Recipient agrees a cooperative,agreement is being awarded as defined under the statutory authority of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 as amended by the Superfund Amendments and Reauthorization Act of 1986, herein referred to as CERCLA. The regulations in 40 CFR Part 35 Subpart 0 codify recipient requirements for administering CERCLA-funded Cooperative Agreements. Within the regulations a Cooperative Agreement is defined as a legal instrument EPA uses to transfer money, property, services, or anything of value to a recipient to accomplish a public purpose in which substantial EPA involvement is anticipated during the performance of the project. The Environmental Protection Agency's(EPA) responsibilities under CERCLA cooperative agreements would include increased monitoring,joint operational involvement, participation, and/or collaboration between EPA and the recipient. In addition, the National Contingency Plan (NCP) requires state involvement in response actions. This programmatic term and condition is being added to provide documentation for selection of a cooperative agreement. The awarding of a cooperative agreement will meet the statutory requirements of CERCLA, the 40 CFR Part 35 Subpart 0 regulations and the intent of the NCP by ensuring state involvement in response actions. 4. Recipient agrees to provide the following reports: Quarterly and final performance reports on all activities identified in the workplan in accordance with 40 CFR 35.6650. These reports will contain at a minimum: a) an explanation of work accomplished during the reporting period, delays, or other problems, if any, and a description of the corrective measures that are planned. For pre-remedial Cooperative Agreements, the report must include a list of the site-specific products completed and the estimated number of technical hours spent to complete each product; ng activities; f) to monitor the performance of the sub-recipient(s) and ensure that they comply with all applicable regulations, statutes, and terms and conditions which flow down in the sub-award; the services and assistance of the SBA and the Minority Business Development Agency of the Department of Commerce. (f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs(a)through (e)of this section. Il year is$250,000, or more. The recipient accepts the applicable MBE/WBE fair share objectives/goals negotiated with EPA by the Nebraska Department of Environmental Quality(NDEQ) as follows: der existing law. Recipient agrees to comply with the respective OMB Circular(A-21, A-87, or A-122), SIGNMENT A. Project site visits by BMCD during investigation, observation, BMCD's services will be performed solely for the benefit of Client and construction or equipment installation, or the furnishing of Project not for the benefit of any other persons or entities. Neither Client nor representatives shall not make BMCD responsible for construction BMCD shall assign or transfer interest in this Agreement without the means, methods, techniques, sequences or procedures; for written consent of the other. construction safety precautions or programs; or for any construction 19.ENTIRE CONTRACT contractor(s')failure to perform its work in accordance with the contract documents. These Terms and Conditions and the above-referenced Letter, B. Client shall disclose to BMCD the location and types of any known Proposal or Agreement contain the entire agreement between BMCD or suspected toxic,hazardous or chemical materials or wastes existing and Client relative to BMCD's services for the Project herein. All on or near the premises upon which work is to be performed by previous or contemporaneous agreements, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination, plus reasonable costs incurred by BMCD in terminating the services. In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc • b) a comparison of the percentage of the project completed to the project schedule, and an explanation of significant discrepancies; c) a comparison of the estimated funds spent to date to planned expenditures and an explanation of significant discrepancies. For remedial, enforcement, and • removal reports, the comparison must be on a per task basis; and d) an estimate of the time and funds needed to complete the work required in the Cooperative Agreement, a comparison of that estimate to the time and funds remaining, and a justification for any increase. These quarterly performance reports shall be due no•later than 60 days after the end of each quarter; the final performance report is due within 90 days after the expiration of the project period. Reports should be submitted electronically to the EPA Project Officer and Project Manager via electronic mail or compact disc. 5. Recipient agrees nothing contained in this Agreement shall be construed to create, either • expressly or by implication, the relationship of Agency between EPA and the City. Any standards, procedures, or protocols prescribed in this Agreement to be followed by the State during the performance of its obligations under this Agreement are to assure the quality of the final product of the actions contemplated by this Agreement, and do not constitute a right to control the actions of the City. EPA(including its employees and contractors) is not authorized to represent or act on behalf of the City in any matter relating to this Agreement, and the City(including its employees and contractors) is not authorized to represent or act on behalf of EPA in any matter related to this Agreement. Neither EPA nor the City shall be liable for the contracts, acts, errors, or omissions of the agency, employees, or contractors of the other party entered into, committed, or performed with respect to or in the performance of, this Agreement. • 6. Recipient agrees this Agreement is intended to benefit only the City and not the EPA. It extends no benefit or rights to any part not a signatory to this Agreement. In addition, EPA does not assume any rights to third parties with respect to losses due to bodily injury or property damages that exceed the limitations contained in the provisions of 28 U.S.C. Section 1346(b), 2671-2680. To the extent permitted by State law, the City does not assume liability to any third parties with respect to losses due to bodily injury or property damage. 7. Recipient agrees where City Ordinances or other restrictions may prevent the City from acting consistent with CERCLA, as amended by SARA, the City agrees to promptly notify and consult with EPA regarding the use of such ordinances or other restrictions. • 8. The recipient agrees it is required to utilize the Generic Quality Assurance Project Plan (QAPP)for Region 7's Superfund Lead Contaminated and Potential Lead Contaminated • Sites dated June 2007. The generic QAPP was prepared to specifically address Superfund investigations on former and active mining,milling and smelter facilities and the associated impacted areas from the operations of these facilities. The intent is to provide a framework of procedures for all environmental data collection activities that might occur in accomplishing Site Assessment(SA), Integrated Site Assessment(ISA), Removal Site Evaluation (RES) and Remedial Investigations(RI)activities under authority of the Comprehensive Environmental Response, Compensation, and Liability Act(CERCLA). 9. The EPA and the City through the State agree that they will cooperate and coordinate efforts to recover their respective costs of response actions taken at the site described herein, including the negotiation of settlement and the filing and management of any judicial actions against potentially responsible parties. This shall include coordination in the use of evidence and witnesses available to each in the preparation and presentation of any cost recovery action, excepting any documents or information which may be confidential under the provisions of any applicable State or Federal law or regulation. 10.. Recipient agrees to provide a final Financial Status Report(SF-269 or SF-269A) in accordance with 40 CFR 30.52 or 40 CFR 31.41(b); whichever is applicable. The final Financial Status Report will be due within ninety(90)calendar days after the expiration or termination of grant ce with the contract documents. These Terms and Conditions and the above-referenced Letter, B. Client shall disclose to BMCD the location and types of any known Proposal or Agreement contain the entire agreement between BMCD or suspected toxic,hazardous or chemical materials or wastes existing and Client relative to BMCD's services for the Project herein. All on or near the premises upon which work is to be performed by previous or contemporaneous agreements, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination, plus reasonable costs incurred by BMCD in terminating the services. In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc support. Financial Status Reports must be submitted to the following address: U.S. EPA-Las Vegas FC, P.O. Box 98515, Las Vegas, Nevada 89193-8515. 11. Wage Rate Requirements under Section 104(g)of CERCLA Preamble Section 104(g)of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) requires that all laborers and mechanics employed by contractors and subcontractors in the performance of construction, repair, or alteration work funded in whole or in part under CERCLA Section 104 shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with Sections 3141-3144, 3146, and 3147 of Title 40 of the United States Code. Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the Department of Labor has issued regulations at 29 CFR Parts 1, 3, and 5 to implement the Davis-Bacon and Related Acts(DB). Regulations in 29 CFR 5.5 instruct agencies concerning application of the standard Davis-Bacon contract clauses set forth in that section. Federal agencies providing grants, cooperative agreements, and loans under the CERCLA 104 shall ensure that the standard Davis-Bacon(DB)contract clauses found in 29 CFR 5.5(a)are incorporated in any resultant covered contracts that are in excess of$2,000 for construction, alteration or repair(including painting and decorating). The Secretary of Labor retains final coverage authority for DB under Reorganization Plan Number 14. DAVIS BACON PREVAILING WAGE TERM AND CONDITION The following terms and conditions specify how recipients will assist EPA in meeting its DB responsibilities when DB applies to EPA awards of financial assistance under CERCLA 104. If a Recipient has questions regarding when DB applies, obtaining the correct DB wage determinations, DB . contract provisions, or DB compliance monitoring, it may contact Lee Thomas, Region 7 Davis Bacon Coordinator for guidance. The Recipient may also obtain additional guidance from DOL's web site at: http://www.dol.goviesa/whd/contracts/dbra.htm 1. Applicability of the Davis Bacon prevailing wage requirements. • For the purposes of this term and condition, EPA has determined that all construction, alteration and repair activity involving the remediation of hazardous substances, including excavation and removal of hazardous substances, construction of caps, barriers, structures which house treatment equipment, and abatement of contamination in buildings, is subject to DB. If recipient encounters a unique situation at a site that presents uncertainties regarding DB applicability, the recipient must discuss the situation with EPA before authorizing work on that site. 2. Obtaining Wage Determinations. (a) Recipients must obtain wage determinations(WD)for specific localities at www.wdol.gov. (b) DOL issues DBA WDs reflecting prevailing wages and benefits paid by the construction industry within specific localities. The DBA WDs are further classified by the nature of the construction projects performed, specifically listed as"schedules": residential, building, highway, and heavy construction. Details and examples of wage classification schedules may be found in DOL's"All Agency Memorandum No. 130 and 131", available at http://www.dol.gov/esa/whd/programs/dbra/does/memo-131.�df. Unless otherwise instructed by EPA on a project specific basis, the Recipient shall use the following DOL General Wage Classifications schedule for the locality in which the construction activity subject to DB will take place:. (i) When soliciting competitive contracts or issuing task orders,work assignments or similar instruments to existing contractors(ordering instruments)for, the excavation and removal of hazardous substances, construction of caps, barriers, Recipient shall use the"Heavy ment and the filing and management of any judicial actions against potentially responsible parties. This shall include coordination in the use of evidence and witnesses available to each in the preparation and presentation of any cost recovery action, excepting any documents or information which may be confidential under the provisions of any applicable State or Federal law or regulation. 10.. Recipient agrees to provide a final Financial Status Report(SF-269 or SF-269A) in accordance with 40 CFR 30.52 or 40 CFR 31.41(b); whichever is applicable. The final Financial Status Report will be due within ninety(90)calendar days after the expiration or termination of grant ce with the contract documents. These Terms and Conditions and the above-referenced Letter, B. Client shall disclose to BMCD the location and types of any known Proposal or Agreement contain the entire agreement between BMCD or suspected toxic,hazardous or chemical materials or wastes existing and Client relative to BMCD's services for the Project herein. All on or near the premises upon which work is to be performed by previous or contemporaneous agreements, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination, plus reasonable costs incurred by BMCD in terminating the services. In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc Construction"Classification. (ii) When soliciting competitive contracts or issuing ordering instruments for the construction of structures which house treatment equipment, and abatement of contamination in • buildings(other than residential structures less than 4 stories in height) Recipient shall use"Building Construction"classification. (iii) When soliciting competitive contracts or issuing ordering instruments for the abatement of contamination in residential structures less than 4 stories in height the Recipient shall use"Residential Construction"classification. Recipients must discuss unique situations that may not be covered by the General Wage Classifications described above with EPA. If, based on discussions with a Recipient, EPA determines that DB applies to a unique situation the Agency will advise the Recipient which General Wage Classification to use based on the nature of the construction activity at the site. (b) Recipients shall obtain the wage determination for the locality in which a Superfund cleanup activity subject to DB will take place prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts(solicitation)for activities subject to DB.' These wage determinations shall be incorporated into solicitations and any subsequent contracts. Prime contracts must contain a provision requiring that subcontractors follow the wage determination incorporated into the prime contract. (i) While the solicitation remains open, the Recipient shall monitor www.wdol.gov on a weekly basis to ensure that the wage determination contained in the solicitation remains current. The Recipient shall amend the solicitation if DOL issues a modification more than 10 days prior to the closing date(i.e. bid opening)for the solicitation. If DOL modifies or supersedes the applicable wage determination less than 10 days prior to the closing date, the Recipient may request a finding from EPA that there is not a reasonable time to notify interested contractors of the modification of the wage determination. EPA will provide a report of the Agency's finding to the Recipient. (ii) If the Recipient does not award the contract within 90 days of the closure of the solicitation, _ anymodifications or supersedes p des DOL makes to the wage determination contained in the solicitation shall be effective unless EPA, at the request of the Recipient, obtains an extension of the 90 day period from DOL pursuant to 29 CFR 1.6(c)(3)(iv). The Recipient shall monitor www.wdol.gov on a weekly basis if it does not award the contract within 90 days of closure of the solicitation to ensure that wage determinations contained in the solicitation remain current. (iii) If the Recipient carries out Superfund activity subject to DB by issuing a task order, work assignment or similar instrument to an existing contractor(ordering instrument) rather than by publishing a solicitation, the Recipient shall insert the appropriate DOL wage determination from www.wdol.gov into the ordering instrument. (d). Recipients shall review all subcontracts subject to DB entered into by prime contractors to verify that the prime contractor has required its subcontractors to'include the applicable wage determinations. (e) As provided in 29 CFR 1.6(f), DOL may issue a revised wage determination applicable to a Recipient's contract after the award of a contract or the issuance of an ordering instrument if DOL determines that the Recipient has failed to incorporate a wage determination or has used a wage determination that clearly does not apply to the contract or ordering instrument. If this occurs, the Recipient shall either terminate the contract or ordering instrument and issue a revised solicitation or ordering instrument or incorporate DOL's wage determination retroactive to the beginning of the contract or ordering instrument by change order. The Recipient's contractor must be compensated for any increases in wages resulting from the use of DOL's revised wage determination. 3. Contract and Subcontract Provisions. . (a)The Recipient shall insert in full in any contract in excess of$2,000,which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution(except where a different meaning is expressly indicated), and which is subject to DB, the following labor standards provisions. es of any known Proposal or Agreement contain the entire agreement between BMCD or suspected toxic,hazardous or chemical materials or wastes existing and Client relative to BMCD's services for the Project herein. All on or near the premises upon which work is to be performed by previous or contemporaneous agreements, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination, plus reasonable costs incurred by BMCD in terminating the services. In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc (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 applicable wage determination of the Secretary of Labor which the recipient obtained under the procedures specified in Item 2, above, and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2)of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv)of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans,- funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to skill, except as provided in§5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually • worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii)of this section)and the Davis-Bacon poster (WH-1321)shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. Recipients shall require that the contractor and subcontractors include the name of the Recipient employee or official responsible for monitoring compliance with DB on the poster. (ii-)(A)The Recipient, on behalf of EPA, shall require that contracts and subcontracts entered into under this agreement provide that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The EPA Award Official 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 recipient 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 recipient to the EPA Award Official. The Award Official will transmit the report, 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 award official or will notify the award official 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 Recipient do not agree on the proposed classification and wage rate(including the amount designated for fringe benefits, where appropriate), the award official shall refer the questions, including the views of all interested parties and the recommendation of the award official, 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 Award Official within the 30-day period that additional time is necessary. on or near the premises upon which work is to be performed by previous or contemporaneous agreements, representations, promises BMCD's employees or subcontractors. If any hazardous wastes not and conditions relating to BMCD's services for the Project are identified by Client are discovered after a Project is undertaken,Client superseded. Since terms contained in purchase orders do not and BMCD agree that the scope of services, schedule and generally apply to professional services, in the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination, plus reasonable costs incurred by BMCD in terminating the services. In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc (D)The wage rate(including fringe benefits where appropriate)determined pursuant to paragraphs (a)(1)(ii)(B)or(C)of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. • (iii)Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met: The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2)Withholding. The recipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause the to withhold from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract..In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, EPA may, after written notice to the contractor, or recipient take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. • (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work(or under the United States Housing Act of 1937, or under the Housing Act of-1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B)of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B)of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. • (ii)(A)The contractor shall submit weeklyfor each week in which anycontract work. o k is performed a copyof all payrolls to the Recipient who will maintain the records on behalf of EPA. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR -- 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee(e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for•this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Recipient for transmission to • the EPA, if requested by EPA, the contractor, or the Wage and Hour.Division of the Department of Labor the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination, plus reasonable costs incurred by BMCD in terminating the services. In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc 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 recipient. ' (B) Each payroll submitted to the Recipient 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. (D)The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of,title 18 and section 231 of title 31 of the United States Code. (iii)The contractor or subcontractor shall make the records required under paragraph(a)(3)(i)of this section available for inspection, copying, or transcription by authorized representatives of the EPA 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, EPA may, after written notice to the contractor, Recipient„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 ontractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Recipient for transmission to • the EPA, if requested by EPA, the contractor, or the Wage and Hour.Division of the Department of Labor the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination, plus reasonable costs incurred by BMCD in terminating the services. In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc • • on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a • State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii)Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration.The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for. apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. . (6) Subcontracts. The contractor or subcontractor shall_insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1)through (10)and such other clauses as the EPA 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 this term and condition. • (7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR. 5.12. . , . (8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor(or any of its subcontractors), the recipient, borrower or subgrantee and EPA, 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). rentices 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 ontractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Recipient for transmission to • the EPA, if requested by EPA, the contractor, or the Wage and Hour.Division of the Department of Labor the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination, plus reasonable costs incurred by BMCD in terminating the services. In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc (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: 4. Contract Provisions for Contracts in Excess of$100,000 (a) Qontract Work Hours and Safety Standards Act.The Recipient shall insert the following clauses set forth in paragraphs(a)(1), (2), (3), and (4)of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by Item 3, above or 29 CFR 4.6.As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2)Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph(b)(1)of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1)of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1)of this section. (3)Withholding for unpaid wages and liquidated damages. The Recipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2)of this section. (4)Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph(b)(1) through (4)of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(b)(1)through (4)of this section. (c) In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the Recipient shall insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen,working on the contract. Such records shall contain the name and address of each such employee, social security • number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Recipient shall insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency)and the Department of Labor, and the contractor or subcontractor will permit, such representatives to interview employees during working hours on the job. 5. Compliance Verification (a)The Recipient shall periodically interview a sufficient number of employees entitled to DB prevailing a)(1). rentices 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 ontractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Recipient for transmission to • the EPA, if requested by EPA, the contractor, or the Wage and Hour.Division of the Department of Labor the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination, plus reasonable costs incurred by BMCD in terminating the services. In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc wages(covered employees)to verify that contractors or subcontractors are paying the appropriate wage rates. As provided in 29 CFR 5.6(a)(6), all interviews must be conducted in confidence. The recipient must use Standard Form 1445 or equivalent documentation to memorialize the interviews. Copies of the • SF 1445 are available from EPA on request. (b)The recipient shall establish and follow an interview schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract. At a minimum, the recipient must conduct interviews with a representative group of covered employees within two weeks of each contractor or subcontractor's submission of its initial weekly payroll data and two weeks prior to the estimated completion date for the contract or subcontract. Recipients must conduct more frequent interviews if the initial interviews or other information indicates that there is a • risk that the contractor or subcontractor is not complying with DB. Recipients shall immediately conduct necessary interviews in response to an alleged violation of the prevailing wage requirements. All. interviews shall be conducted in confidence. (c). The Recipient shall periodically conduct spot checks of a representative sample of weekly payroll data to verify that contractors or subcontractors are paying the appropriate wage rates. The Recipient shall establish and follow a spot check schedule based on its assessment of the risks of noncompliance. with DB posed by contractors or subcontractors and the duration of the contract or subcontract. At a minimum, the Recipient must spot check payroll data within two weeks of each contractor or subcontractor's submission of its initial payroll data and two weeks prior to the completion date the contract or subcontract. Recipients must conduct more frequent spot checks if the initial spot check or other information indicates that there is a risk that the contractor or subcontractor is not complying with . DB. In addition, during the examinations the recipient shall verify evidence of fringe benefit plans and payments thereunder by contractors and subcontractors who claim credit for fringe benefit contributions: (d). The recipient shall periodically 'review contractors and subcontractors use of apprentices and trainees to verify registration and certification with respect to apprenticeship and training programs approved by either the U.S Department of Labor or a state, as appropriate, and that contractors and subcontractors are not using disproportionate numbers of, laborers, trainees and apprentices. These reviews shall be conducted in accordance with the schedules for spot checks and interviews described in Item.5(b)and (c) above. (e) Recipients must immediately report potential violations of the DB prevailing wage requirements to the EPA DB contact listed above and to the appropriate DOL Wage and Hour District Office listed at httri://www.dol.cioviesa/contacts/whd/america2.htm e clause set forth in paragraph (b)(2)of this section. (4)Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph(b)(1) through (4)of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(b)(1)through (4)of this section. (c) In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the Recipient shall insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen,working on the contract. Such records shall contain the name and address of each such employee, social security • number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Recipient shall insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency)and the Department of Labor, and the contractor or subcontractor will permit, such representatives to interview employees during working hours on the job. 5. Compliance Verification (a)The Recipient shall periodically interview a sufficient number of employees entitled to DB prevailing a)(1). rentices 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 ontractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Recipient for transmission to • the EPA, if requested by EPA, the contractor, or the Wage and Hour.Division of the Department of Labor the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination, plus reasonable costs incurred by BMCD in terminating the services. In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, on December 15, 2004, the U. S. Environmental Protection Agency Region VII adopted an Interim Record of Decision for remediating residential soils impacted by lead contamination at the Omaha Lead Site and on May 13, 2009 adopted a Final Record of Decision for the Omaha Lead Site; and, WHEREAS, the selected remedy in the Record of Decision included stabilization of deteriorating exterior lead-based paint that threatens the long-term protectiveness achieved through excavation and replacement of lead-contaminated surface soils, and support for a lead safe housing registry as an institutional control; and, WHEREAS, the City of Omaha operates a lead-based paint hazard control program and lead safe housing registry with expertise appropriate to these two activities; and, WHEREAS, the Nebraska Department of Environmental Control and U. S. • Environmental Protection Agency agreed to allow a Cooperative Agreement for the City of Omaha to be responsible for contracting for and overseeing the stabilization of exterior lead- based paint of residential properties and lead safe housing registry; and, WHEREAS, the City of Omaha is not required to provide any non-Federal funding for the work under this Cooperative Agreement or perform any work for which it is not paid or reimbursed by Federal or State funding; and, WHEREAS, the City Council approved U.S. Environmental Protection Agency (EPA) Cooperative Agreement V - 98767501 on November 15, 2005 by Resolution No. 1443 with funding of $354,750.00 for the period from October 1, 2005 to September 30, 2007; subsequently amended by Amendment No. 1 extending the period to September 30, 2008; Amendment No. 2 approved on January 15, 2008 by Resolution No. 106 increasing funding to $4,900,000.00; Amendment No. 3 extending the period to June 30, 2010; and, Amendment 4 approved July 20, 2010 by Resolution No. 863 increasing funding to $11,865,000.00 and extending the period to September 30, 2012; and, By Councilmember Adopted City Clerk Approved Mayor The recipient shall periodically 'review contractors and subcontractors use of apprentices and trainees to verify registration and certification with respect to apprenticeship and training programs approved by either the U.S Department of Labor or a state, as appropriate, and that contractors and subcontractors are not using disproportionate numbers of, laborers, trainees and apprentices. These reviews shall be conducted in accordance with the schedules for spot checks and interviews described in Item.5(b)and (c) above. (e) Recipients must immediately report potential violations of the DB prevailing wage requirements to the EPA DB contact listed above and to the appropriate DOL Wage and Hour District Office listed at httri://www.dol.cioviesa/contacts/whd/america2.htm e clause set forth in paragraph (b)(2)of this section. (4)Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph(b)(1) through (4)of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(b)(1)through (4)of this section. (c) In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the Recipient shall insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen,working on the contract. Such records shall contain the name and address of each such employee, social security • number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Recipient shall insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency)and the Department of Labor, and the contractor or subcontractor will permit, such representatives to interview employees during working hours on the job. 5. Compliance Verification (a)The Recipient shall periodically interview a sufficient number of employees entitled to DB prevailing a)(1). rentices 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 ontractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Recipient for transmission to • the EPA, if requested by EPA, the contractor, or the Wage and Hour.Division of the Department of Labor the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination, plus reasonable costs incurred by BMCD in terminating the services. In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska PAGE-2- WHEREAS, on December 31, 2011, the U. S. Environmental Protection Agency Region VII elected to terminate Cooperative Agreement V-98767501; and, WHEREAS, this cooperative agreement V-97733501-0 provides funding of $4,999,056.00 for the budget period from January 1, 2012 through December 31, 2014; and WHEREAS, additional funds for these activities may be provided by amendment to this cooperative agreement; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the City accepts and the Mayor is authorized to execute the attached U. S. Environmental Protection Agency Cooperative Agreement Amendment V-97733501-0, which approves funding in the amount of $4,999,056.00 to continue activities under the Record of Decision for the Omaha Lead Site pertaining to stabilization of deteriorating exterior lead-based paint for the Agreement period of January 1, 2012 to December 31, 2014; and to execute subsequent amendments to extend the time period and to award additional funding under this Cooperative Agreement. PROVE AS TO FORM: i �a�p., CITY A T RNEY DA E Plnlsf1640-res aortzaz . By C n lmember Adopted 17 0424AN••2•.4.2012 7-0 G Ci lerk / Approved.... 41/2--- Mayor ursed by Federal or State funding; and, WHEREAS, the City Council approved U.S. Environmental Protection Agency (EPA) Cooperative Agreement V - 98767501 on November 15, 2005 by Resolution No. 1443 with funding of $354,750.00 for the period from October 1, 2005 to September 30, 2007; subsequently amended by Amendment No. 1 extending the period to September 30, 2008; Amendment No. 2 approved on January 15, 2008 by Resolution No. 106 increasing funding to $4,900,000.00; Amendment No. 3 extending the period to June 30, 2010; and, Amendment 4 approved July 20, 2010 by Resolution No. 863 increasing funding to $11,865,000.00 and extending the period to September 30, 2012; and, By Councilmember Adopted City Clerk Approved Mayor The recipient shall periodically 'review contractors and subcontractors use of apprentices and trainees to verify registration and certification with respect to apprenticeship and training programs approved by either the U.S Department of Labor or a state, as appropriate, and that contractors and subcontractors are not using disproportionate numbers of, laborers, trainees and apprentices. These reviews shall be conducted in accordance with the schedules for spot checks and interviews described in Item.5(b)and (c) above. (e) Recipients must immediately report potential violations of the DB prevailing wage requirements to the EPA DB contact listed above and to the appropriate DOL Wage and Hour District Office listed at httri://www.dol.cioviesa/contacts/whd/america2.htm e clause set forth in paragraph (b)(2)of this section. (4)Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph(b)(1) through (4)of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(b)(1)through (4)of this section. (c) In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the Recipient shall insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen,working on the contract. Such records shall contain the name and address of each such employee, social security • number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Recipient shall insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency)and the Department of Labor, and the contractor or subcontractor will permit, such representatives to interview employees during working hours on the job. 5. Compliance Verification (a)The Recipient shall periodically interview a sufficient number of employees entitled to DB prevailing a)(1). rentices 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 ontractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Recipient for transmission to • the EPA, if requested by EPA, the contractor, or the Wage and Hour.Division of the Department of Labor the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination, plus reasonable costs incurred by BMCD in terminating the services. In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc •. ' •-,.. 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'...4'4 4.,:•<:4 A , ,s,...,..) .... •••:. ,. • , ,. 0 414 -• /- r, ..a , • i, ' -,-, _ --. — ‘.. k creasing funding to $4,900,000.00; Amendment No. 3 extending the period to June 30, 2010; and, Amendment 4 approved July 20, 2010 by Resolution No. 863 increasing funding to $11,865,000.00 and extending the period to September 30, 2012; and, By Councilmember Adopted City Clerk Approved Mayor The recipient shall periodically 'review contractors and subcontractors use of apprentices and trainees to verify registration and certification with respect to apprenticeship and training programs approved by either the U.S Department of Labor or a state, as appropriate, and that contractors and subcontractors are not using disproportionate numbers of, laborers, trainees and apprentices. These reviews shall be conducted in accordance with the schedules for spot checks and interviews described in Item.5(b)and (c) above. (e) Recipients must immediately report potential violations of the DB prevailing wage requirements to the EPA DB contact listed above and to the appropriate DOL Wage and Hour District Office listed at httri://www.dol.cioviesa/contacts/whd/america2.htm e clause set forth in paragraph (b)(2)of this section. (4)Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph(b)(1) through (4)of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(b)(1)through (4)of this section. (c) In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the Recipient shall insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen,working on the contract. Such records shall contain the name and address of each such employee, social security • number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Recipient shall insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency)and the Department of Labor, and the contractor or subcontractor will permit, such representatives to interview employees during working hours on the job. 5. Compliance Verification (a)The Recipient shall periodically interview a sufficient number of employees entitled to DB prevailing a)(1). rentices 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 ontractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Recipient for transmission to • the EPA, if requested by EPA, the contractor, or the Wage and Hour.Division of the Department of Labor the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination, plus reasonable costs incurred by BMCD in terminating the services. In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc