RES 2010-0046 - Agmt with Habitat for Humanity of Omaha Inc to construct houses east of 72nd St (1)
of QNIAHA.^, + Planning Department
vAiii-,.�., v l j' .0 l 1�'C-jj Omaha/Douglas Civic Center
�` L 1819 Farnam Street,Suite 1100
IE�� `� � Omaha,Nebraska 68183
o'' 402 444-6150
9e ry
4.
Telefax(402)444-6140
oR�T�D�EBRJr� ; �'t['� s+' R.E. Cunningham,RA,F.SAME
City of Omaha O M A H A N E C3? ;, t Director
Jim Suttle,Mayor
c ,
January 12, 2010
Honorable President
and Members of the City Council,
The attached Resolution approves an Agreement in the amount of$700,000.00 in Neighborhood
Stabilization Program (NSP) funds between the City of Omaha and Habitat For Humanity of
Omaha, Inc., a Nebraska Non-profit Corporation (hereinafter referred to as "HFHO"), Amanda
Brewer, Executive Director/President, 2204 Ames Avenue, Omaha, Nebraska 68110.
The City applied for and received NSP funds from the State of Nebraska Department of
Economic Development (NDED) under Contract No. 0910S23. Funds in the amount of
$700,000.00 were allocated to HFHO to construct seven (7) affordable houses to be sold to
eligible households.
The City will convey lots to Habitat at no cost sufficient in number and size for HFHO to
construct with its funds, seven (7) single-family houses to be located east of 72nd Street,
primarily in the North Omaha Neighborhood Revitalization Strategy Area (NRSA), to be
occupied by qualified homebuyers as their principal place of residence whose annual household
incomes are 50% and below the Median Income by Family Size as established annually by the
U.S. Department of Housing and Urban Development; and, upon completion of the construction
work and the sale of the property to a qualified homebuyer, HFHO will be reimbursed with a
$100,000.00 grant per house for actual construction costs (hereinafter referred to as the
"Project").
The Project is included in the FY 2009 Consolidated Submission for Community Planning
Program approved by the City Council on October 8, 2008 by Resolution No. 1492, as amended.
Funds shall be paid from FY 2009 NSP Housing Development Program, Fund No. 12198,
Organization No. 129164.
Total project cost is estimated at $1,050,000.00 comprised of $700,000.00 NSP Funds and
$350,000.00 in contributions from Habitat and its volunteers.
J
for pick up. When delivery is
required by the vendor, it will be at no cost to the City/County to various locations. All special order filters must be available in
3 to 5 working days. Contractor to designate special order filters on his bid.
Individual purchase orders and open orders(City)will be issued against this price agreement. Billing on City open orders will
be done monthly per each open order. The City/County will also use this price agreement for other filter requirements as
needed throughout the year.
The vendor must complete the following pages. The quantities are actual for a 11 month period unless otherwise stated.
Purchases may exceed or be less than those indicated. In addition to requirements shown,one time, non-standard purchases
may occur. The attached list will be utilized for evaluation purposes. Award will be made on the low aggregate all or none bid.
ALL items must be bid as estimated.
Questions regarding this bid may be directed to Jeff Schober at(402)677-4732.
Vendors will be required to furnish filters in less than a case lot.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
Honorable President
and Members of the City Council
Page -2-
This Project meets the NDED Program national objective for providing affordable housing to
low-, moderate-, and middle-income families; therefore, the Project is eligible for funding.
HFHO (Contractor) has on file a current Annual Contract Compliance Report Form (CC-1). As
is City policy, the Human Rights and Relations Department will review the contractor to ensure
compliance with the Contract Compliance Ordinance.
Your favorable consideration of this Resolution will be appreciated.
Sincerely, Referred to City Council for Consideration:
Q S L2la2.10
. Cunningh , . S E Mayor's Office Date
Planning Dir or
Approved as to undin . Approved:
-- / ai
-il cry ( Il0, ` l ,
Pam Spaccarotella /0,0 Date Human Rights and Relations Dept. Date
Finance Director
i 21119
Plnlsf1339-cover letter
for and received NSP funds from the State of Nebraska Department of
Economic Development (NDED) under Contract No. 0910S23. Funds in the amount of
$700,000.00 were allocated to HFHO to construct seven (7) affordable houses to be sold to
eligible households.
The City will convey lots to Habitat at no cost sufficient in number and size for HFHO to
construct with its funds, seven (7) single-family houses to be located east of 72nd Street,
primarily in the North Omaha Neighborhood Revitalization Strategy Area (NRSA), to be
occupied by qualified homebuyers as their principal place of residence whose annual household
incomes are 50% and below the Median Income by Family Size as established annually by the
U.S. Department of Housing and Urban Development; and, upon completion of the construction
work and the sale of the property to a qualified homebuyer, HFHO will be reimbursed with a
$100,000.00 grant per house for actual construction costs (hereinafter referred to as the
"Project").
The Project is included in the FY 2009 Consolidated Submission for Community Planning
Program approved by the City Council on October 8, 2008 by Resolution No. 1492, as amended.
Funds shall be paid from FY 2009 NSP Housing Development Program, Fund No. 12198,
Organization No. 129164.
Total project cost is estimated at $1,050,000.00 comprised of $700,000.00 NSP Funds and
$350,000.00 in contributions from Habitat and its volunteers.
J
for pick up. When delivery is
required by the vendor, it will be at no cost to the City/County to various locations. All special order filters must be available in
3 to 5 working days. Contractor to designate special order filters on his bid.
Individual purchase orders and open orders(City)will be issued against this price agreement. Billing on City open orders will
be done monthly per each open order. The City/County will also use this price agreement for other filter requirements as
needed throughout the year.
The vendor must complete the following pages. The quantities are actual for a 11 month period unless otherwise stated.
Purchases may exceed or be less than those indicated. In addition to requirements shown,one time, non-standard purchases
may occur. The attached list will be utilized for evaluation purposes. Award will be made on the low aggregate all or none bid.
ALL items must be bid as estimated.
Questions regarding this bid may be directed to Jeff Schober at(402)677-4732.
Vendors will be required to furnish filters in less than a case lot.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
HFHO NSP Table of Contents
NEIGHBORHOOD STABILIZATION PROGRAM (NSP) FUNDS
GRANT AGREEMENT
BETWEEN THE CITY OF OMAHA
AND
HABITAT FOR HUMANITY OF OMAHA, INC.,
A NEBRASKA NON-PROFIT CORPORATION
FOR
New Construction of seven (7) single-family houses on scattered sites east of 72' Street primarily
in the North Omaha Revitalization Strategy Area to be sold to Low-, Moderate-, and Middle-
Income Persons with annual household incomes 50% and below the MFI
Omaha, Nebraska 68110
NSP Contract No. 091OS23
R co ,--r CD 1-1 p CD
yam:J
• r
1iP�
•O C ,•t � N 0" A)
i
rF�
k
(J�
Agent
Name of Firm.•''
e-ee
Signed B
Title
L • ENGINEERING
onstruction
577.85
1
TABLE OF CONTENTS
SECTION 1 DEFINITIONS AND ABBREVIATIONS
SECTION 2 RESPONSIBILITIES OF DEVELOPER
2.01 Overall Project Performance
2.02 Project Budget
2.03 Term of the Agreement
SECTION 3 CONDITIONS FOR RECEIPT OF CITY FINANCING
3.01 Conveyance of Land to HFHO
3.02 Documents Required by City
3.02.1 Property Insurance
3.02.2 Contracts
3.02.3 Bonding/Letter of Credit
3.02.4 Contractors' Insurance and Workers' Compensation
3.02.5 Plans Submission
3.02.6 Affirmative Marketing Plan
3.02.7 Minority/Women Owned Business Enterprise Plan
3.02.8 Eligible Contractors
3.02.9 Funding Compliance Deadline
3.02.10 Section 504 Exemption Checklist
3.01.11 Security for Grant
SECTION 4 PROJECT RESPONSIBILITIES OF THE DEVELOPER
4.01 Eligible Use of Funds
4.02 Terms and Conditions
4.03 Breach of Agreement
4.04 Lien Waivers
4.05 Ineligible/Eligible Cost
4.06 Lead-Based Paint Prohibition
4.07 Ongoing Property Restrictions
4.08 Davis-Bacon Exemption Checklist
4.09 Property Standards
4.10 Affirmative Marketing Policy
4.11 Maintenance of Property
4.12 Pre-Construction Meeting
4.13 National Environment Policy Act of 1969
SECTION 5 GENERAL ADMINISTRATION REQUIREMENTS OF DEVELOPER
5.01 Financial Management
5.02 Documentation and Record-Keeping
5.03 Reports
al place of residence whose annual household
incomes are 50% and below the Median Income by Family Size as established annually by the
U.S. Department of Housing and Urban Development; and, upon completion of the construction
work and the sale of the property to a qualified homebuyer, HFHO will be reimbursed with a
$100,000.00 grant per house for actual construction costs (hereinafter referred to as the
"Project").
The Project is included in the FY 2009 Consolidated Submission for Community Planning
Program approved by the City Council on October 8, 2008 by Resolution No. 1492, as amended.
Funds shall be paid from FY 2009 NSP Housing Development Program, Fund No. 12198,
Organization No. 129164.
Total project cost is estimated at $1,050,000.00 comprised of $700,000.00 NSP Funds and
$350,000.00 in contributions from Habitat and its volunteers.
J
for pick up. When delivery is
required by the vendor, it will be at no cost to the City/County to various locations. All special order filters must be available in
3 to 5 working days. Contractor to designate special order filters on his bid.
Individual purchase orders and open orders(City)will be issued against this price agreement. Billing on City open orders will
be done monthly per each open order. The City/County will also use this price agreement for other filter requirements as
needed throughout the year.
The vendor must complete the following pages. The quantities are actual for a 11 month period unless otherwise stated.
Purchases may exceed or be less than those indicated. In addition to requirements shown,one time, non-standard purchases
may occur. The attached list will be utilized for evaluation purposes. Award will be made on the low aggregate all or none bid.
ALL items must be bid as estimated.
Questions regarding this bid may be directed to Jeff Schober at(402)677-4732.
Vendors will be required to furnish filters in less than a case lot.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
5.04 Financial Status Report
5.05 Record Retention
5.06 Personnel and Participant Conditions
SECTION 6 DEVELOPER'S COMPLIANCE WITH OTHER FEDERAL REGULATIONS
6.01 Environmental Review
6.02 Uniform Relocation Act
6.03 Soil Work Policy
SECTION 7 RESPONSIBILITIES OF THE CITY
7.01 Performance Monitoring
7.02 Payments
7.03 Progress Payments
7.04 Inspections
7.05 Technical Assistance
SECTION 8 MUTUAL AGREEMENTS BETWEEN CITY AND DEVELOPER
8.01 Release of Information Laws
8.02 Applicable Laws
8.03 Interest of the City
8.04 Independent Contractor
8.05 Project Roles
8.06 Captions
8.07 Merger
8.08 Modification
8.09 Assignment
8.10 Strict Compliance
8.11 Termination
8.12 Reversion of Assets
8.13 Indemnification
8.14 Unenforceable Provisions
8.15 Disclosure of Lobbying
8.16 Notices
8.17 Applicability
SECTION 9 DEFAULT PROVISIONS
9.01 Remedies
SCHEDULE OF EXHIBITS AND ATTACHMENTS
Plnlsfl337-table of contents
h of Agreement
4.04 Lien Waivers
4.05 Ineligible/Eligible Cost
4.06 Lead-Based Paint Prohibition
4.07 Ongoing Property Restrictions
4.08 Davis-Bacon Exemption Checklist
4.09 Property Standards
4.10 Affirmative Marketing Policy
4.11 Maintenance of Property
4.12 Pre-Construction Meeting
4.13 National Environment Policy Act of 1969
SECTION 5 GENERAL ADMINISTRATION REQUIREMENTS OF DEVELOPER
5.01 Financial Management
5.02 Documentation and Record-Keeping
5.03 Reports
al place of residence whose annual household
incomes are 50% and below the Median Income by Family Size as established annually by the
U.S. Department of Housing and Urban Development; and, upon completion of the construction
work and the sale of the property to a qualified homebuyer, HFHO will be reimbursed with a
$100,000.00 grant per house for actual construction costs (hereinafter referred to as the
"Project").
The Project is included in the FY 2009 Consolidated Submission for Community Planning
Program approved by the City Council on October 8, 2008 by Resolution No. 1492, as amended.
Funds shall be paid from FY 2009 NSP Housing Development Program, Fund No. 12198,
Organization No. 129164.
Total project cost is estimated at $1,050,000.00 comprised of $700,000.00 NSP Funds and
$350,000.00 in contributions from Habitat and its volunteers.
J
for pick up. When delivery is
required by the vendor, it will be at no cost to the City/County to various locations. All special order filters must be available in
3 to 5 working days. Contractor to designate special order filters on his bid.
Individual purchase orders and open orders(City)will be issued against this price agreement. Billing on City open orders will
be done monthly per each open order. The City/County will also use this price agreement for other filter requirements as
needed throughout the year.
The vendor must complete the following pages. The quantities are actual for a 11 month period unless otherwise stated.
Purchases may exceed or be less than those indicated. In addition to requirements shown,one time, non-standard purchases
may occur. The attached list will be utilized for evaluation purposes. Award will be made on the low aggregate all or none bid.
ALL items must be bid as estimated.
Questions regarding this bid may be directed to Jeff Schober at(402)677-4732.
Vendors will be required to furnish filters in less than a case lot.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
NEIGHBORHOOD STABILIZATION PROGRAM (NSP) FUNDS
GRANT AGREEMENT
HABITAT FOR HUMANITY OF OMAHA,INC. (HFHO)
NEW CONSTRUCTION OF HOUSES TO BE SOLD TO ELIGIBLE HOMEBUYERS
THIS AGREEMENT is entered into by and between the City of Omaha (hereinafter
referred to as the `.`City") and Habitat For Humanity of Omaha, Inc., a Nebraska Non-profit
Corporation, (hereinafter referred to as "HFHO"), Amanda Brewer, Executive
Director/President, 2204 Ames Avenue, Omaha, Nebraska, 68110, based on terms, conditions
and provisions as set forth below.
RECITALS:
WHEREAS, the City is a municipal corporation located in Douglas County, Nebraska,
and is organized and existing under the laws of the State of Nebraska, and is authorized and
empowered to exercise all powers conferred by the State constitution, laws, Home Rule Charter
of the City of Omaha, 1956, as amended, and local ordinances, including but not limited to, the
power to contract; and,
WHEREAS, the City of Omaha has applied for and received Neighborhood Stabilization
Program (hereinafter sometimes referred to as "NSP") funds from the State of Nebraska
Department of Economic Development (NDED) for the purpose of providing affordable housing
benefiting low-, moderate-, and middle-income (LMMI)persons; and,
1
roperty
4.12 Pre-Construction Meeting
4.13 National Environment Policy Act of 1969
SECTION 5 GENERAL ADMINISTRATION REQUIREMENTS OF DEVELOPER
5.01 Financial Management
5.02 Documentation and Record-Keeping
5.03 Reports
al place of residence whose annual household
incomes are 50% and below the Median Income by Family Size as established annually by the
U.S. Department of Housing and Urban Development; and, upon completion of the construction
work and the sale of the property to a qualified homebuyer, HFHO will be reimbursed with a
$100,000.00 grant per house for actual construction costs (hereinafter referred to as the
"Project").
The Project is included in the FY 2009 Consolidated Submission for Community Planning
Program approved by the City Council on October 8, 2008 by Resolution No. 1492, as amended.
Funds shall be paid from FY 2009 NSP Housing Development Program, Fund No. 12198,
Organization No. 129164.
Total project cost is estimated at $1,050,000.00 comprised of $700,000.00 NSP Funds and
$350,000.00 in contributions from Habitat and its volunteers.
J
for pick up. When delivery is
required by the vendor, it will be at no cost to the City/County to various locations. All special order filters must be available in
3 to 5 working days. Contractor to designate special order filters on his bid.
Individual purchase orders and open orders(City)will be issued against this price agreement. Billing on City open orders will
be done monthly per each open order. The City/County will also use this price agreement for other filter requirements as
needed throughout the year.
The vendor must complete the following pages. The quantities are actual for a 11 month period unless otherwise stated.
Purchases may exceed or be less than those indicated. In addition to requirements shown,one time, non-standard purchases
may occur. The attached list will be utilized for evaluation purposes. Award will be made on the low aggregate all or none bid.
ALL items must be bid as estimated.
Questions regarding this bid may be directed to Jeff Schober at(402)677-4732.
Vendors will be required to furnish filters in less than a case lot.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
WHEREAS, the City received approval from the NDED and funds in the amount of
$700,000.00 were released from the State under Contract No. 091OS23, a copy of which is
attached hereto as Attachment No. 1 and incorporated herein by this reference as though fully set
forth; and,
WHEREAS, the NSP funds were provided under Title III of Division B of the Housing
and Economic Recovery Act of 2008 (HERA); and,
WHEREAS, HFHO has requested NSP funds in the amount of $700,000.00 for partial
financing for the new construction of seven (7) single-family houses to be located east of 72nd
Street, primarily in the North Omaha Neighborhood Revitalization Strategy Area (NRSA) to be
occupied by qualified homebuyers as their principal place of residence whose annual household
incomes are 50% and below of the Median Income by Family Size (MFI) as established annually
by the U.S. Department of Housing and Urban Development; and upon completion of the
construction work; and the sale of the property to a qualified homebuyer, HFHO will be
reimbursed $100,000.00 for actual construction costs per house (hereinafter referred to as the
"Project"); and,
WHEREAS, the HFHO has submitted an estimation of the Project cost in the amount of
$1,050,000.00, comprised of$700,000.00 in NSP funds and $350,000.00 in other funding from
HFHO and its volunteers; and,
WHEREAS, it is in the best interest of the City and the residents thereof that the City
enter into an Agreement with HFHO to complete this worthwhile Project.
2
.02 Documentation and Record-Keeping
5.03 Reports
al place of residence whose annual household
incomes are 50% and below the Median Income by Family Size as established annually by the
U.S. Department of Housing and Urban Development; and, upon completion of the construction
work and the sale of the property to a qualified homebuyer, HFHO will be reimbursed with a
$100,000.00 grant per house for actual construction costs (hereinafter referred to as the
"Project").
The Project is included in the FY 2009 Consolidated Submission for Community Planning
Program approved by the City Council on October 8, 2008 by Resolution No. 1492, as amended.
Funds shall be paid from FY 2009 NSP Housing Development Program, Fund No. 12198,
Organization No. 129164.
Total project cost is estimated at $1,050,000.00 comprised of $700,000.00 NSP Funds and
$350,000.00 in contributions from Habitat and its volunteers.
J
for pick up. When delivery is
required by the vendor, it will be at no cost to the City/County to various locations. All special order filters must be available in
3 to 5 working days. Contractor to designate special order filters on his bid.
Individual purchase orders and open orders(City)will be issued against this price agreement. Billing on City open orders will
be done monthly per each open order. The City/County will also use this price agreement for other filter requirements as
needed throughout the year.
The vendor must complete the following pages. The quantities are actual for a 11 month period unless otherwise stated.
Purchases may exceed or be less than those indicated. In addition to requirements shown,one time, non-standard purchases
may occur. The attached list will be utilized for evaluation purposes. Award will be made on the low aggregate all or none bid.
ALL items must be bid as estimated.
Questions regarding this bid may be directed to Jeff Schober at(402)677-4732.
Vendors will be required to furnish filters in less than a case lot.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
•
NOW, THEREFORE, IN CONSIDERATION OF THESE MUTAL COVENANTS, the
parties do hereby agree as follows:
SECTION 1. DEFINITIONS AND ABBREVIATIONS.
The following terms shall have the following meanings for all purposes in this
Agreement:
1.01 "City" shall mean—the City of Omaha, a Nebraska Municipal Corporation.
1.02 "Developer" shall mean — Habitat For Humanity of Omaha, Inc., a Nebraska
Non-profit Corporation, Amanda Brewer, Executive Director/ President, 2204
Ames Avenue, Omaha, Nebraska, 68110 (See Exhibit"A").
1.03 "Director" shall mean—the Planning Director of the City of Omaha.
1.04 "Recipient" shall mean—the City of Omaha.
1.05 "Subrecipient" shall mean — a public agency or private non-profit organization
receiving NSP funds to undertake eligible activities. In this Agreement the
Subrecipient is the Developer.
1.06 "HUD" shall mean—the U.S. Department of Housing and Urban Development.
1.07 "NDED" shall mean—the Nebraska Department of Economic Development.
1.08 "Neighborhood Stabilization Program (NSP) Funds" shall mean — that portion
of the NSP funds awarded to the City from NDED, subject to and conditioned
upon actual receipt of same by the City of Omaha, as may be available to grant
during the FY 2009 program year for the use specified herein in an amount not
to exceed $700,000.00 payable from the NSP Housing Development Program,
Fund No. 12198, Organization No. 129164, subject to the terms, conditions and
requirements of said Agreement.
1.09 "NSP Program Grant" shall mean — a grant in the amount of$100,000.00 per
house for a total of $700,000.00 for reimbursement to HFHO for actual
construction costs for seven (7) houses constructed on scattered sites located
within the designated target area after the properties meet NDED Construction
Standards and are sold to eligible homebuyer during the affordability period
described herein.
3
The Project is included in the FY 2009 Consolidated Submission for Community Planning
Program approved by the City Council on October 8, 2008 by Resolution No. 1492, as amended.
Funds shall be paid from FY 2009 NSP Housing Development Program, Fund No. 12198,
Organization No. 129164.
Total project cost is estimated at $1,050,000.00 comprised of $700,000.00 NSP Funds and
$350,000.00 in contributions from Habitat and its volunteers.
J
for pick up. When delivery is
required by the vendor, it will be at no cost to the City/County to various locations. All special order filters must be available in
3 to 5 working days. Contractor to designate special order filters on his bid.
Individual purchase orders and open orders(City)will be issued against this price agreement. Billing on City open orders will
be done monthly per each open order. The City/County will also use this price agreement for other filter requirements as
needed throughout the year.
The vendor must complete the following pages. The quantities are actual for a 11 month period unless otherwise stated.
Purchases may exceed or be less than those indicated. In addition to requirements shown,one time, non-standard purchases
may occur. The attached list will be utilized for evaluation purposes. Award will be made on the low aggregate all or none bid.
ALL items must be bid as estimated.
Questions regarding this bid may be directed to Jeff Schober at(402)677-4732.
Vendors will be required to furnish filters in less than a case lot.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
•
1.10 "Construction Financing" shall mean, but is not limited to — billings for
construction, closing costs, contractor's profit and overhead, developer's
fee/overhead, predevelopment and public improvement costs, financing, legal,
accounting, architectural or construction supervision costs, costs for materials,
labor, utility hookups and site preparation associated with the construction of
the Project.
1.10.01 Contractors' or its subcontractors' profit and overhead shall not
exceed 15% of hard construction cost.
1.11 "Construction Completion" shall mean — the date the Project has been certified
by the City as complying with all appropriate state, federal and local laws,
ordinances, regulations and codes, including but not limited to, Section 8
Housing Quality Standards for Existing Homes (HQS) as established by HUD,
the City of Omaha Property Rehabilitation Standards (PRS), accessibility
requirements, where applicable, and the NDED Rehabilitation/Construction
Standards.
1.12 "Project Completion" shall mean—the date leveraged funds have been received
by the Developer and allocated to the Project, Construction Completion has
been certified and approved by the City, all NSP funds have been disbursed, and
all units have been sold to low-, moderate-, and middle-income families.
1.13 Project Close Out" shall mean — the dates all project NSP funds have been
disbursed and the City has completed HUD close out procedures (24 C.F.R.
• 92.507 and OMB Circular A-110 Subpart A(g)) (Exhibit "C"). The distinction
between Project Close Out and Project Completion is that occupancy
requirements are required to be satisfied for Project Completion.
1.14 "Affordability Period" (24 C.F.R. 92.252(e)) shall mean — that time period,
fifteen (15) years after project close out in which Developer shall keep all
assisted units affordable. For this Agreement, the Affordability Period shall
commence at loan closing with the homebuyer and shall continue for fifteen
(15) years.
•
1.15 Property" or "Project" shall mean—those seven (7) houses to be constructed on
scattered sites to be determined at a later date that will be located east of 72nd
Street primarily in the North Omaha Neighborhood Revitalization Strategy
(NRSA).
1.16 "Low-, Moderate-, and Middle- Income (LMMI) Persons" for this Agreement
shall mean — a person whose annual household income does not exceed 50%
percent of area median income for the Omaha NE-IA Metropolitan Statistical
Area as determined annually by HUD (Exhibit "C").
1.17 "Recapture Provisions" is not applicable to this Agreement as the NSP funds are
provided as a grant directly to HFHO as reimbursement for actual construction
costs.
4
as
needed throughout the year.
The vendor must complete the following pages. The quantities are actual for a 11 month period unless otherwise stated.
Purchases may exceed or be less than those indicated. In addition to requirements shown,one time, non-standard purchases
may occur. The attached list will be utilized for evaluation purposes. Award will be made on the low aggregate all or none bid.
ALL items must be bid as estimated.
Questions regarding this bid may be directed to Jeff Schober at(402)677-4732.
Vendors will be required to furnish filters in less than a case lot.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
1.18 "Maximum Initial Sales Price" shall mean — the maximum HOME purchase
price limit derived from single-family mortgage limits under Section 203(b) of
the National Housing Act in effect at the time of loan closing with the
homebuyer. Attached as Exhibit "B" are the current HOME Maximum
Homebuyer Mortgage Limits. As of December 2, 2009, the maximum
Mortgage Limit is $200,160.00 (92.254(a)(2)(iii)).
1.19 "Loan Underwriting Cost Payment" — shall mean a loan underwriting cost
charged by Omaha 100, Inc., and approved by the City for all homebuyers
purchasing a home funded through the NSP. This cost shall be a grant and must
be included in the overall project construction budget as a project soft cost.
1.20 "Counseling Agency"— shall mean any HUD-certified counseling agency.
1.21 "Program Income" shall mean — the gross income received by the Recipient or
Subrecipient directly.generated from the use of NSP Funds (24 C.F.R. 92.503).
When such income is generated by an activity that is only partially assisted with
NSP Funds, the income shall be prorated to reflect the percentage of NSP Funds
used (see Exhibit "D", attached hereto and incorporated herein by this reference
as though fully set forth). Any program income generated by NSP funds
through March 31, 2013 shall be used to construct housing units east of 72nd
Street affordable to LMMI persons. After March 31, 2013, all program income
generated by NSP funds will be limited to eligible CDBG activities, including
the benefit to LMI (not LMMI) households during the term of this Agreement.
Any program income shall be returned to the City within thirty(30) days.
SECTION 2. RESPONSIBILITIES OF THE DEVELOPER.
2.01 Overall Project Performance
2.01.1 The Developer shall use the $100,000.00 in NSP Funds for partial
financing for actual construction costs per house for a total of
$700,000.00 for the construction of seven (7) single-family houses to
be located within the Target Area and are sold to qualified low-,
moderate-, and middle-income persons whose annual household
incomes are 50% or below the Median Family Income (MFI)
(Exhibit"C").
5
a later date that will be located east of 72nd
Street primarily in the North Omaha Neighborhood Revitalization Strategy
(NRSA).
1.16 "Low-, Moderate-, and Middle- Income (LMMI) Persons" for this Agreement
shall mean — a person whose annual household income does not exceed 50%
percent of area median income for the Omaha NE-IA Metropolitan Statistical
Area as determined annually by HUD (Exhibit "C").
1.17 "Recapture Provisions" is not applicable to this Agreement as the NSP funds are
provided as a grant directly to HFHO as reimbursement for actual construction
costs.
4
as
needed throughout the year.
The vendor must complete the following pages. The quantities are actual for a 11 month period unless otherwise stated.
Purchases may exceed or be less than those indicated. In addition to requirements shown,one time, non-standard purchases
may occur. The attached list will be utilized for evaluation purposes. Award will be made on the low aggregate all or none bid.
ALL items must be bid as estimated.
Questions regarding this bid may be directed to Jeff Schober at(402)677-4732.
Vendors will be required to furnish filters in less than a case lot.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
2.01.2 Total Total Total Total LMMI
Project Units Assisted Units Fixed Units Unit
7 7 7 7
2.01.3 Number of Maximum Percent of Area
LMMI Households Median Income Permitted
7 50%
2.01.4 Construction
Completion Date
December 31, 2010
2.02 Project Budget
2.02.1 The Developer asserts that the funding sources and amounts listed
below are committed as of this date or will be committed to the
Project by October 31, 2010.
NSP Funds $700,000.00
Other Funding From Developer and Volunteers $ 350,000.00
Estimated Project Cost $1,050,000.00
2.03 Term of the Agreement
2.03.1 This Agreement shall be in full force and effect and shall end on
December 31, 2025. Project completion as well as services of the
Developer will start effective the date of the proceed order issued by
the City and Levels of Project Performance stated in Section 2.01
shall be completed as of December 31, 2010. This date may be
extended by the Planning Director. In the event the Project
Completion would be accelerated, the Term of the Agreement and
Affordability Period shall be moved correspondingly.
SECTION 3. CONDITIONS FOR RECEIPT OF CITY FINANCING.
3.01 Conveyance of Land. Subject to and conditioned upon actual receipt of same,
the City agrees to convey by Warranty Deed to the Developer platted vacant lots
as described in Section 1.15 herein sufficient in number and size to enable the
construction of seven (7) single-family houses for the sum of One Dollar
($1.00) and other valuable considerations.
The Developer shall convey to the City any unused lots and/or parcels of land
which have not been utilized, through the performance of this Agreement, upon
the date the parties reach mutual decision to terminate this Agreement and
before full development of the Project or upon the expiration date of this
Agreement as described in section 2.03,whichever date first occurs.
6
incomes are 50% or below the Median Family Income (MFI)
(Exhibit"C").
5
a later date that will be located east of 72nd
Street primarily in the North Omaha Neighborhood Revitalization Strategy
(NRSA).
1.16 "Low-, Moderate-, and Middle- Income (LMMI) Persons" for this Agreement
shall mean — a person whose annual household income does not exceed 50%
percent of area median income for the Omaha NE-IA Metropolitan Statistical
Area as determined annually by HUD (Exhibit "C").
1.17 "Recapture Provisions" is not applicable to this Agreement as the NSP funds are
provided as a grant directly to HFHO as reimbursement for actual construction
costs.
4
as
needed throughout the year.
The vendor must complete the following pages. The quantities are actual for a 11 month period unless otherwise stated.
Purchases may exceed or be less than those indicated. In addition to requirements shown,one time, non-standard purchases
may occur. The attached list will be utilized for evaluation purposes. Award will be made on the low aggregate all or none bid.
ALL items must be bid as estimated.
Questions regarding this bid may be directed to Jeff Schober at(402)677-4732.
Vendors will be required to furnish filters in less than a case lot.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
3.02 Documents Required by City. In no event shall the City assume any obligation
to make any or all of the above-referenced funding available, nor shall the City
incur any liability hereunder, unless and until the Developer has submitted for
and received the prior approval of the Director of all the documents listed
below.
3.02.1 Property Insurance. Developer should procure and maintain, at a
minimum, fire and extended coverage insurance in an amount
sufficient to protect their interest in the Property during the Term of
the Agreement (OMB Circular A-110) (Exhibit"E").
3.02.2 Contracts. The Developer shall submit duly executed contracts for
all Construction Work to the Director for approval prior to the start
of construction.
3.02.3 Davis Bacon Exception Checklist— See Exhibit"H".
3.02.4 Contractors' Insurance and Workers' Compensation. The Developer
or its contractors and subcontractors shall maintain Certificates of
Insurance. The insurance coverage shall include pollutant liability
for lead reduction work, if applicable, Workers' Compensation, and,
at a minimum, the following amount of coverage:
Contractor's Personal Liability $1,000,000.00
Combined Bodily Injury and Property
Damage ($1,000,000.00 each occurrence) $2,000,000.00
Product, Including Completed Operations $1,000,000.00
3.02.5 Plan Submissions. Developer shall submit all plans, working
drawings and/or specifications necessary or incidental to this Project
to the Director for review and approval.
3.02.6 Affirmative Marketing Plan. A copy of the Developer's and its
subcontractor's affirmative action plan shall be submitted to the City
for review and approval.
3.02.7 Minority/Women Owned Business Enterprise Plan. Developer shall
submit to the Director for his review and approval a minority and
women business participation plan which discusses economic
development and employment opportunities. These plans shall
ensure that the Developer and its subcontractors will make their best
efforts to ensure that construction services, contracts and
employment opportunities are affirmatively marketed to women and
members of minority groups.
7
(NRSA).
1.16 "Low-, Moderate-, and Middle- Income (LMMI) Persons" for this Agreement
shall mean — a person whose annual household income does not exceed 50%
percent of area median income for the Omaha NE-IA Metropolitan Statistical
Area as determined annually by HUD (Exhibit "C").
1.17 "Recapture Provisions" is not applicable to this Agreement as the NSP funds are
provided as a grant directly to HFHO as reimbursement for actual construction
costs.
4
as
needed throughout the year.
The vendor must complete the following pages. The quantities are actual for a 11 month period unless otherwise stated.
Purchases may exceed or be less than those indicated. In addition to requirements shown,one time, non-standard purchases
may occur. The attached list will be utilized for evaluation purposes. Award will be made on the low aggregate all or none bid.
ALL items must be bid as estimated.
Questions regarding this bid may be directed to Jeff Schober at(402)677-4732.
Vendors will be required to furnish filters in less than a case lot.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
3.02.8 Eligible Contractors. Developer shall obtain a certificate from each
contractor or subcontractor to be used on this Project to the effect
that each contractor or subcontractor has not been disbarred or
disqualified by HUD (24 C.F.R. Part 5). The Director shall approve
all contractors and subcontractors prior to being hired by the
Developer.
3.02.9 Funding Compliance Deadline. In the event that all conditions of
funding are not met on or before October 31, 2010, then this
Agreement shall automatically become null and void and the City
shall not be deemed to have assumed any obligation or liability
hereunder. Upon the sole discretion of the Director, this date may be
extended.
3.02.10 Section 504 Exemption Checklist—Refer to Exhibit "F". •
3.02.11 Security For Grant to HFHO. Developer shall execute for the
benefit of the City an Acknowledgement of Covenant Running With
Land in an amount not to exceed $100,000.00 per seven (7) houses
for a total of $700,000.00. The covenant shall require that the
property be maintained as the initial and subsequent homebuyer's
principal place of residency throughout the Fifteen (15) year
Affordability Period beginning with the date of purchase by the
initial homebuyer for properties located within the NRSA. If the
property is located outside the NRSA, the initial and subsequent
homebuyers must occupy the property as their principal place of
residency and their annual gross household incomes shall be 50% or
below the ME when the homebuyer purchases the Property. A
copy of an Acknowledgement of Covenant Running With Land in
substantial form is attached hereto as Exhibit "B" and incorporated
herein by this reference as thought fully set forth.
SECTION 4. PROJECT RESPONSIBILITIES OF THE DEVELOPER
4.01 Eligible Use of Funds. The Developer does hereby certify, contract and agree
that any and all funding obtained or made available hereunder shall be used
solely and exclusively for the purposes described herein.
4.02 Terms and Conditions. The Developer shall abide by all terms and conditions
of this Agreement and shall be responsible for the security and maintenance of
the sites described in Section 1.15 herein.
4.03 Breach of Agreement. If through breach of this Agreement the Developer fails
to maintain the occupancy, affordability and use restrictions as described herein,
all NSP funds previously provided to the Developer through fulfillment of this
Agreement shall promptly be returned to the City.
8
s not applicable to this Agreement as the NSP funds are
provided as a grant directly to HFHO as reimbursement for actual construction
costs.
4
as
needed throughout the year.
The vendor must complete the following pages. The quantities are actual for a 11 month period unless otherwise stated.
Purchases may exceed or be less than those indicated. In addition to requirements shown,one time, non-standard purchases
may occur. The attached list will be utilized for evaluation purposes. Award will be made on the low aggregate all or none bid.
ALL items must be bid as estimated.
Questions regarding this bid may be directed to Jeff Schober at(402)677-4732.
Vendors will be required to furnish filters in less than a case lot.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
4.04 Lien Waivers. Developer agrees to obtain the appropriate lien waivers prior to
each construction payment.
4.05 Ineligible Costs. The Developer shall not request disbursement of funds under
this Agreement until the funds are needed for payment of eligible costs as
described in Section 1.10 herein.
4.05.1 Eligible Costs. The Developer shall be responsible for payment of
any Project costs that exceed those specified in this Agreement.
4.05.1.1 Luxury Items. Property amenities shall be those
amenities reasonably anticipated in comparable
properties. Any items determined by the City as luxury
items shall not be considered an eligible cost for
construction.
4.06 Lead-Based Paint Prohibition. Developer shall not use lead-based paint in the
performance of this Agreement, including the performance of any subcontractor
(42 USC 4821 et seq., 24 C.F.R. 92.355 and 24 C.F.R. Part 35). "Lead-based
Paint" means any paint containing more than six one-hundredths of one (1) per
centum of lead by weight (calculated as lead metal) in the total nonvolatile
content of the paint, or the equivalent measure of lead in the dried film of paint
already applied. The Developer further agrees to abide by Federal requirements
regarding lead-based paint poison prevention.
4.07 Ongoing Property Restrictions. During the construction period of the term of
this Agreement and that part of any grant, deed of trust/mortgage, covenant
documents, the Developer shall:
4.07.1 maintain the property in a safe and sanitary condition at all times.
4.07.2 ensure that all real estate taxes and special assessments are paid and
kept current.
4.07.3 maintain insurance against loss or damage to the Property in an
aggregate amount sufficient to protect the Developer's interest in the
Property.
4.08 Davis-Bacon Exemption Checklist—Refer to Exhibit"H".
4.09 Property Standards (24 C.F.R. 92.251). During the construction period, the
Developer shall ensure that all work performed and the Construction Work
meets all state, federal and local laws, ordinances, regulations and codes,
including but not limited to, Section 8 Housing Quality Standards for Existing
Homes (HQS) as established by HUD, the City of Omaha Rehabilitation
Standards, and accessibility requirements, where applicable, and LADED
Rehabilitation/Construction Standards.
9
ty and use restrictions as described herein,
all NSP funds previously provided to the Developer through fulfillment of this
Agreement shall promptly be returned to the City.
8
s not applicable to this Agreement as the NSP funds are
provided as a grant directly to HFHO as reimbursement for actual construction
costs.
4
as
needed throughout the year.
The vendor must complete the following pages. The quantities are actual for a 11 month period unless otherwise stated.
Purchases may exceed or be less than those indicated. In addition to requirements shown,one time, non-standard purchases
may occur. The attached list will be utilized for evaluation purposes. Award will be made on the low aggregate all or none bid.
ALL items must be bid as estimated.
Questions regarding this bid may be directed to Jeff Schober at(402)677-4732.
Vendors will be required to furnish filters in less than a case lot.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
4.09.1 After completion of Construction Work and throughout the
Affordability Period, the Property must comply with all appropriate
City codes and ordinances, Federal Section 8 Housing Quality
Standards and with fire safety codes (24 C.F.R. 570.02), City of
Omaha Property Rehabilitation Standards and accessibility
requirements, if applicable, and NDED Rehabilitation/Construction
Standards.
4.09.2 Inspections. The City may perform periodic inspections at any
reasonable time to ensure compliance with this Agreement. The
City shall perform final inspection to certify Project completion
prior to final disbursement of NSP Program proceeds.
4.10 Affirmative Marketing Policy (24 C.F.R. 92.351). The Developer agrees to
comply with the City's Affirmative Marketing Policy, attached hereto as Exhibit
"I" and incorporated herein by this reference as though fully set forth. These
affirmative marketing procedures must be employed in the advertising and
marketing of this Project for the Affordability Period. In marketing, the
Developer shall also conform to the nondiscrimination provisions hereinafter set
forth in Section 5.06.1.2.
4.11 Maintenance of Property. The Developer shall maintain the Property in a safe
and sanitary condition to the extent possible during the construction phase of the
Project.
4.12 Preconstruction Meeting. The Developer and its subcontractors shall attend a
preconstruction meeting with the NDED and the City Construction Specialist
prior to the start of any Construction Work.
4.13 National Environmental Policy Act of 1969. The Developer shall not begin any
rehabilitation or construction of a Property until it receives approval by the City
that all provisions of the National Environmental Policy Act of 1969 (NEPA)
and related authorities listed in HUD's implementing regulations at 24 C.F.R.
Parts 50 and 58 have been met regarding the Property.
SECTION 5. GENERAL ADMINISTRATIVE REQUIREMENTS OF DEVELOPER.
5.01 Financial Management.
5.01.1 Accounting Standards. The Developer agrees to comply with OMB
Circular A-110 and agrees to adhere to the accounting principles and
procedures required therein, utilize adequate internal controls, and
maintain necessary source documentation for all costs incurred.
(Exhibit "E", attached hereto and incorporated herein as though
fully set forth).
10
strictions as described herein,
all NSP funds previously provided to the Developer through fulfillment of this
Agreement shall promptly be returned to the City.
8
s not applicable to this Agreement as the NSP funds are
provided as a grant directly to HFHO as reimbursement for actual construction
costs.
4
as
needed throughout the year.
The vendor must complete the following pages. The quantities are actual for a 11 month period unless otherwise stated.
Purchases may exceed or be less than those indicated. In addition to requirements shown,one time, non-standard purchases
may occur. The attached list will be utilized for evaluation purposes. Award will be made on the low aggregate all or none bid.
ALL items must be bid as estimated.
Questions regarding this bid may be directed to Jeff Schober at(402)677-4732.
Vendors will be required to furnish filters in less than a case lot.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
5.01.2 Cost Principles. The Developer shall comply with the requirements
and the standards of OMB Circular No. A-122, "Cost Principles for
Non-profit Organizations" (Exhibit "G"), and with the requirements
of OMB Circular A-110 (Exhibit "E"). Both Exhibits are attached
hereto and incorporated herein as though fully set forth.
5.01.3 Audits. The Developer shall comply with all provisions and
regulations of the Program and have an annual audit completed in
• compliance with OMB Circular A-133, attached hereto as Exhibit
"J", and incorporated herein as though fully set forth. A copy of the
audit shall be provided to the Director. The auditor shall determine
the appropriate type of audit to be conducted; i.e., limited scope or
full compliance. A single audit is not an allowable expense unless
the Subrecipient expends total federal funds over $500,000.00 in
each fiscal year. A limited-scope audit may be allowable provided
the auditor conducts the audit in accordance with generally accepted
auditing standards and the recipient expends less than $500,000.00
in each fiscal year.
5.01.3.1 Any deficiencies noted in audit reports must be fully
cleared by the Developer within 30 days after receipt of
audit by the Developer. Failure of the Developer to
comply with the above audit requirements will constitute
a violation of this Agreement and may result in the
withholding of future payments and may constitute a
default subject to default remedies referenced herein in
Section 9.
5.02 Documentation and Record-Keeping(24 C.F.R. 92.508). All Developer records
with respect to any matters covered in this Agreement shall be made available to
the City, its designees or the Federal Government, at any time during normal
business hours, as often as the City deems necessary, to audit, examine, and
make excerpts or transcripts of all relevant data. Any contract entered into by
the Developer with any contractor or subcontractors shall include this Section to
ensure said access.
5.03 Monthly Reports. The Developer shall submit to the City the following monthly
reports in accordance with the NSP Contract and 24 C.F.R. 92.505 with
submission timelines as specified below.
5.03.1 Construction Progress Report. The Developer shall provide monthly
construction progress reports describing the progress of construction
and any significant problems and/or delays in construction on this
Project to the Construction Specialist assigned to the Project. The
reports shall be in a format acceptable to the City.
11
Agreement as the NSP funds are
provided as a grant directly to HFHO as reimbursement for actual construction
costs.
4
as
needed throughout the year.
The vendor must complete the following pages. The quantities are actual for a 11 month period unless otherwise stated.
Purchases may exceed or be less than those indicated. In addition to requirements shown,one time, non-standard purchases
may occur. The attached list will be utilized for evaluation purposes. Award will be made on the low aggregate all or none bid.
ALL items must be bid as estimated.
Questions regarding this bid may be directed to Jeff Schober at(402)677-4732.
Vendors will be required to furnish filters in less than a case lot.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
5.03.2 Housing Activities Report. The Developer shall provide a monthly
housing activities report to the NSP Housing Coordinator assigned to
the Project describing, among other things, the:
5.03.2.1 number of applicants that have submitted applications;
5.03.2.2 number of applications processed;
5.03.2.3 number of applicants that received notification of
eligibility to purchase;
5.03.2.4 number of inspections completed on a house; and,
5.03.2.5 number of applicants that received approval for
assistance.
5.03.3 Occupancy Report. The Developer shall provide to the Director the
following documents:
5.03.3.1 name(s) of homebuyer
5.03.3.2 address of property
5.03.3.3 Attestation Form to Eligibility to Public Benefit(LB 403)
5.03.3.4 household income as a percent of Median Family Income
(MFI) as determined by HUD, income verification forms
used in determining MFI including the City's Computing
Annual Income Foiiu (Exhibit "C")
5.03.3.5 household size
5.03.3.6 gender of head of household member
5.03.3.7 name and age of each household member
5.03.3.8 race/ethnicity of head of household
5.03.3.9 disability status of any household member
5.03.3.10 copy of purchase agreement and appraisal
5.03.3.11 evidence of affirmative marketing efforts
12
lt in the
withholding of future payments and may constitute a
default subject to default remedies referenced herein in
Section 9.
5.02 Documentation and Record-Keeping(24 C.F.R. 92.508). All Developer records
with respect to any matters covered in this Agreement shall be made available to
the City, its designees or the Federal Government, at any time during normal
business hours, as often as the City deems necessary, to audit, examine, and
make excerpts or transcripts of all relevant data. Any contract entered into by
the Developer with any contractor or subcontractors shall include this Section to
ensure said access.
5.03 Monthly Reports. The Developer shall submit to the City the following monthly
reports in accordance with the NSP Contract and 24 C.F.R. 92.505 with
submission timelines as specified below.
5.03.1 Construction Progress Report. The Developer shall provide monthly
construction progress reports describing the progress of construction
and any significant problems and/or delays in construction on this
Project to the Construction Specialist assigned to the Project. The
reports shall be in a format acceptable to the City.
11
Agreement as the NSP funds are
provided as a grant directly to HFHO as reimbursement for actual construction
costs.
4
as
needed throughout the year.
The vendor must complete the following pages. The quantities are actual for a 11 month period unless otherwise stated.
Purchases may exceed or be less than those indicated. In addition to requirements shown,one time, non-standard purchases
may occur. The attached list will be utilized for evaluation purposes. Award will be made on the low aggregate all or none bid.
ALL items must be bid as estimated.
Questions regarding this bid may be directed to Jeff Schober at(402)677-4732.
Vendors will be required to furnish filters in less than a case lot.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
For each household or individual occupying the Property, the
Developer shall retain the records for ten (10) years after the
required Affordability Period as specified in Section 1.14 of this
Agreement. For this Agreement, records shall be retained until
December 31, 2035. In the event the Term of the Agreement would
be extended, the timeframe for record retention would be extended
correspondingly.
5.04 Financial Status Reports. Developer shall submit a final financial status report
with the final (OMB Circular A-110) (Exhibit "E") pay request. Attached as
Exhibit "L", and incorporated herein by this reference as though fully set forth,
is a sample financial status report.
5.05 Record Retention. The Developer, its contractors and subcontractors shall
maintain such records and accounts, including property, personnel and financial
records, as are deemed necessary by the City to assure a proper accounting for
all expenses. The Comptroller General of the United States, or any of their duly
authorized representatives, or any duly authorized representatives of the City, as
approved by the Director, shall have access to any books, documents, papers,
records and accounts of the Developer, Contractor, or subcontractors which are
directly pertinent to this Project for the purpose of making audit, examination,
excerpts and transcriptions. Such records and accounts shall be retained for ten
(10) years after expiration of the Affordability Period (OMB Circular A-110)
(Exhibit "E").
5.06 Personnel and Participant Conditions
5.06.1 Contract Compliance Clause
5.06.1.1 Section 10-192 of the Omaha Municipal Code, Equal
Employment Opportunity Clause. The Developer and its
contractor shall not discriminate against any employee or
applicant for employment because of race, religion, color,
sex, age, national origin, familial or handicap status. As
used herein, the word "treated" shall mean and include,
without limitation, the following: recruited, whether by
advertising or by other means; compensated; selected for
training, including apprenticeship; promoted; upgraded;
demoted; downgraded; transferred; laid off; and
terminated. The Developer and its contractor agree to
and shall post in conspicuous places, available to
employees and applicants for employment, notices to be
provided by the contracting officers setting forth the
provisions of this nondiscrimination clause.
13
cialist assigned to the Project. The
reports shall be in a format acceptable to the City.
11
Agreement as the NSP funds are
provided as a grant directly to HFHO as reimbursement for actual construction
costs.
4
as
needed throughout the year.
The vendor must complete the following pages. The quantities are actual for a 11 month period unless otherwise stated.
Purchases may exceed or be less than those indicated. In addition to requirements shown,one time, non-standard purchases
may occur. The attached list will be utilized for evaluation purposes. Award will be made on the low aggregate all or none bid.
ALL items must be bid as estimated.
Questions regarding this bid may be directed to Jeff Schober at(402)677-4732.
Vendors will be required to furnish filters in less than a case lot.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
5.06.1.2 The Developer and its contractors shall, in all
solicitations or advertisements for employees placed by
or on behalf of the contractor, state that all qualified
applicants will receive consideration for employment
without regard to race, religion, color, sex, age, national
origin, familial or handicap status.
5.06.1.3 The Developer and its contractors shall send to each
representative of workers with which he has a collective
bargaining agreement or other contract or understanding a
notice advising the labor union or workers' representative
of the contractor's commitments under the equal
employment opportunity clause of the city and shall post
copies of the notice in conspicuous places available to
employees and applicants for employment.
5.06.1.4 The Developer and its contractors shall furnish to the
Human Rights and Relations Department all federal
forms containing the information and reports required by
the federal government for federal contracts under federal
rules and regulations, including the information required
by sections 10-192 to 10-194, inclusive, of the Omaha
Municipal Code and shall permit reasonable access to his
records. Records accessible to the Human Rights and
Relations Department shall be those which related to
Paragraphs 5.06.1.1 through 5.06.1.7 of this subsection
and only after reasonable notice is given the contractor.
The purpose of this provision is to provide for
investigation to ascertain compliance with the program
provided herein.
5.06.1.5 The Developer and its contractors shall take such actions
with respect to any subcontractor as the City may direct
as a means of enforcing the provisions of Paragraphs
5.06.1.1 through 5.06.1.7 herein, including penalties and
sanctions for noncompliance; however, in the event, the
contractor becomes involved in or is threatened with
litigation as the result of such directions by the City, the
City will enter into such litigation as is necessary to
protect the interests of the City and to effectuate the
provisions of this division, and, in the case of contracts
receiving federal assistance, the contractor or the City
may request the United States to enter into such litigation
to protect the interests of the United States.
• 14
imination clause.
13
cialist assigned to the Project. The
reports shall be in a format acceptable to the City.
11
Agreement as the NSP funds are
provided as a grant directly to HFHO as reimbursement for actual construction
costs.
4
as
needed throughout the year.
The vendor must complete the following pages. The quantities are actual for a 11 month period unless otherwise stated.
Purchases may exceed or be less than those indicated. In addition to requirements shown,one time, non-standard purchases
may occur. The attached list will be utilized for evaluation purposes. Award will be made on the low aggregate all or none bid.
ALL items must be bid as estimated.
Questions regarding this bid may be directed to Jeff Schober at(402)677-4732.
Vendors will be required to furnish filters in less than a case lot.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
5.06.1.6 The Developer and its contractors shall file and shall
cause his subcontractors, if any, to file compliance
reports with the Developer's contractor in the same form
and to the extent as required by the federal government
for federal contracts under federal rules and regulations.
Such compliance reports shall be filed with the City's
Human Rights and Relations Department. Compliance
reports filed at such times as directed shall contain
information as to the employment practices, policies,
programs and statistics of the Developer, contractor and
his subcontractors.
5.06.1.7 The Developer and its contractors or its subcontractors
shall include the provisions of Paragraphs 5.06.1.1
through 5.06.1.7 of this section, "Equal Employment
Opportunity Clause," and Section 10-193 in every
contract, subcontract or purchase order so that such
provisions will be binding upon each subcontractor or
vendor. (Code 1980, Section 10-192; Ord. No. 35344,
Sections 1, 9-26-00)
5.06.2 Workers' Compensation. The Developer shall provide Workers'
Compensation Insurance coverage for all employees involved in the
performance in this Agreement.
5.06.3 Employment Insurance and Bonding. If applicable, the Developer
shall purchase a blanket fidelity bond covering all employees, at a
minimum, in an amount equal to cash advances from the City. The
Developer shall comply with bonding and insurance requirements of
OMB Circular A-110 (Exhibit "E"), Bonding and Insurance.
5.06.4 Minority Business/Women Business Enterprise Plan. The Developer
shall make its best efforts to ensure that construction services,
contracts and employment opportunities are affirmatively marketed
to women and members of minority groups. As used in this
Agreement, the term "women and members of minority groups"
means a business at least fifty-one percent (51%) owned and
controlled by minority group members or women.
5.06.5 Section 3 —Employment of Low-Income Persons (Section 3 of HUD
Act of 68, as amended, 1 U.S.C. 1701u). The Developer shall make
its best efforts to comply with Section 3. The purpose of Section 3 is
to ensure that employment and other economic opportunities
generated by HUD assistance or HUD-assisted projects covered by
Section 3 shall, to the greatest extent feasible, be directed to low-
and very low-income persons, particularly persons who are
recipients of HUD assistance for housing.
15
as the NSP funds are
provided as a grant directly to HFHO as reimbursement for actual construction
costs.
4
as
needed throughout the year.
The vendor must complete the following pages. The quantities are actual for a 11 month period unless otherwise stated.
Purchases may exceed or be less than those indicated. In addition to requirements shown,one time, non-standard purchases
may occur. The attached list will be utilized for evaluation purposes. Award will be made on the low aggregate all or none bid.
ALL items must be bid as estimated.
Questions regarding this bid may be directed to Jeff Schober at(402)677-4732.
Vendors will be required to furnish filters in less than a case lot.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
5.06.6 Conflict of Interest. The Developer agrees to abide by the provisions
of 24 C.F.R. 92.356 with respect to conflicts of interest, and
covenants that it presently has financial interest and shall not acquire
any financial interest, direct or indirect, which would conflict in any
manner or degree with the performance of services required under
this Agreement. The Developer further covenants that in the
performance of this Agreement no person having such a financial
interest shall be employed or retained by the Developer hereunder.
These conflict of interest provisions apply to any person who is an
employee, agent, consultant, officer or elected official or appointed
official of the City or any designated public agencies or
subrecipients which are receiving funds under the NSP.
SECTION 6. DEVELOPER'S COMPLIANCE WITH OTHER FEDERAL REGULATIONS
6.01 Environmental Review. The Developer agrees to comply with the following
regulations insofar as they apply to the performance of this Agreement •
6.01.1 Clean Air Act, 42, U.S.C., 1857, et seq.
6.01.2 Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et
seq., as amended 1318 relating to inspection, monitoring entry,
reports and information as well as other requirements specified in
Section 114 and Section 308, and all regulations and guidelines
issued thereunder.
6.01.3 Environmental Protection Agency (EPA) regulations pursuant to 40
C.F.R., Part 50, as amended.
6.01.4 National Environmental Policy Act of 1969.
6.01.5 HUD Environmental Review Procedures (24 C.F.R. Part 58).
6.01.6 Flood Disaster Protection Act of 1973 (24 U.S.C. 4106 and P.L.
2234) in regard to the sale, lease or other transfer of land acquired,
cleared or improved under the terms of the Agreement as it may
apply to provisions of this Agreement.
6.01.7 Historic Preservation requirements set forth in the National Historic
Preservation Act of 1966, as amended (16 U.S.C. 470) and the
procedures set forth in 36 C.F.R., Part 800, Advisory Council on
Historic Preservation Procedures for Protection of Historic
Properties, insofar as they apply to the performance of this
Agreement. In general, this requires concurrence from the State
Historic Preservation Office for all rehabilitation and demolition of
historic properties that are 45 years old or older or that are included
on a Federal, State or local historic property list.
16
ularly persons who are
recipients of HUD assistance for housing.
15
as the NSP funds are
provided as a grant directly to HFHO as reimbursement for actual construction
costs.
4
as
needed throughout the year.
The vendor must complete the following pages. The quantities are actual for a 11 month period unless otherwise stated.
Purchases may exceed or be less than those indicated. In addition to requirements shown,one time, non-standard purchases
may occur. The attached list will be utilized for evaluation purposes. Award will be made on the low aggregate all or none bid.
ALL items must be bid as estimated.
Questions regarding this bid may be directed to Jeff Schober at(402)677-4732.
Vendors will be required to furnish filters in less than a case lot.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
6.02 Uniform Relocation Act. The Developer shall comply with the applicable
regulations of the Uniform Relocation Act of 1970, as amended (URA) (42
U.S.C. 4601-4655), or Section 104 (d) of the Housing and Community
Development Act of 1974, as amended (Section 104 (d)), which require
relocation assistance be provided to resident owners, tenants, businesses and
other occupants that are displaced as a result of a federally-assisted project. In
the event that the Developer or its agent displaces any tenant-occupant of the
property, it shall immediately notify the City in writing of the circumstances
surrounding said displacement and comply with 24 C.F.R. 92.353.
6.03 Soil Work Policy. The Developer and its contractors and subcontractors shall
comply with the Soil Work Policy, if applicable, see Exhibit "M", which is
incorporated herein by this reference as though fully set forth.
SECTION 7. RESPONSIBILITIES OF THE CITY.
7.01 Performance Monitoring. The City will monitor the performance standards of
the Developer as stated herein. Substandard performance as determined by the
City will constitute non-compliance with this Agreement. If action to correct
such substandard performance is not taken by the Developer within a reasonable
period of time after being notified by the City, contract suspension or
termination procedures may be initiated.
7.02 Payments. It is expressly agreed and understood that the total amount to be paid
by the City under this Agreement shall not exceed $700,000.00 in NSP funds.
The payment of these funds is subject to and conditioned upon actual receipt by
the City of the same. Should adequate funding not be available to the City, the
City shall notify the Developer as soon as reasonably possible and the
Agreement will be terminated.
7.02.1 Funds Allocated to the Developer. Funds allocated to the Developer
shall be in the form of an unsecured grant for the purposes set forth
in this Agreement. Payments will be contingent on Duties and
Conditions specified herein. Draw downs for the final payment to
reimburse Developer of actual construction costs shall not be made
until the property is sold to an eligible homebuyer.
7.02.2 Obligation for Payment. In no event shall the City become obligated
to make any payments for any work performed, materials furnished,
expense incurred, or any other expenditure of any kind whatsoever,
unless same is expressly included in this Agreement, nor shall the
City incur any liability hereunder, unless and until the Developer has
timely and fully complied with its duties and obligations hereunder.
No payments shall be made for any work, labor, material or
expenses incurred the Director deems to be:
17
4
as
needed throughout the year.
The vendor must complete the following pages. The quantities are actual for a 11 month period unless otherwise stated.
Purchases may exceed or be less than those indicated. In addition to requirements shown,one time, non-standard purchases
may occur. The attached list will be utilized for evaluation purposes. Award will be made on the low aggregate all or none bid.
ALL items must be bid as estimated.
Questions regarding this bid may be directed to Jeff Schober at(402)677-4732.
Vendors will be required to furnish filters in less than a case lot.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
7.02.2.1 not in conformance with applicable state, federal and/or
local laws, including but not limited to, the building,
plumbing and/or electrical codes; or,
7.02.2.2 not in conformance with all plans, working drawings
and/or specifications as approved.
7.02.2.3 unacceptable or substandard; or,
7.02.2.4 not in accordance with this Agreement or related
contracts as approved for this Project.
7.03 Progress Payments. Final payment, as may be authorized by the Director or his
designated representative, is subject to:
7.03.1 Receipt, verification and approval of an. AIA Document G702
"Application and Certificate for Payment" or comparable document,
such document being prepared by the Developer's architect or
authorized person and approved by the Developer and the City
Construction Specialist before being submitted to the Planning
Department for payment. All documents for each pay request
submission must be forwarded directly to the Planning Department
Construction Specialist assigned to the Project. This shall include
all Application and Certificate for Payment (AIA Document G702
or comparable document) for the entire Project. This also includes
pay requests that do not require City funds.
7.03.2 Receipt of requisite financial status reports.
7.03.3 Evidence that property meets NDED Construction Standards.
7.03.4 Evidence acceptable to the City Planning Director that property has
been sold to an eligible homebuyer in accordance with the NSP
Contract No. 0910523.
7.04 Inspections. The City shall perform final inspection to certify Project
Completion prior to disbursement of NSP funds.
7.05 •Technical Assistance. The Director shall assist the Developer in the same
manner the Director provides technical assistance to other developers during
the construction phase to ensure compliance with such housing quality
standards, property rehabilitation standards and NDED
Rehabilitation/Construction Standards.
18
Developer of actual construction costs shall not be made
until the property is sold to an eligible homebuyer.
7.02.2 Obligation for Payment. In no event shall the City become obligated
to make any payments for any work performed, materials furnished,
expense incurred, or any other expenditure of any kind whatsoever,
unless same is expressly included in this Agreement, nor shall the
City incur any liability hereunder, unless and until the Developer has
timely and fully complied with its duties and obligations hereunder.
No payments shall be made for any work, labor, material or
expenses incurred the Director deems to be:
17
4
as
needed throughout the year.
The vendor must complete the following pages. The quantities are actual for a 11 month period unless otherwise stated.
Purchases may exceed or be less than those indicated. In addition to requirements shown,one time, non-standard purchases
may occur. The attached list will be utilized for evaluation purposes. Award will be made on the low aggregate all or none bid.
ALL items must be bid as estimated.
Questions regarding this bid may be directed to Jeff Schober at(402)677-4732.
Vendors will be required to furnish filters in less than a case lot.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
SECTION 8. MUTUAL AGREEMENTS BETWEEN CITY AND DEVELOPER
8.01 Release of Information Laws. The Developer specifically hereby states, agrees
and certifies that it is familiar with the limited purpose set forth in the Federal
Laws, Rules and Regulations, and in the laws of the State of Nebraska, for
which personal information requested may be used and that the information
received will be used solely for those limited purposes and not to harass,
degrade or humiliate any person. The information released shall be used for the
limited purposes stated, and the Developer further agrees to indemnify and hold
harmless the City of Omaha for any liability arising out of the improper use by
the Developer of information provided.
8.02 Applicable Laws. Parties to this Agreement shall conform with all existing and
applicable City ordinances, resolutions, state laws, federal laws, and all existing
and applicable rules and regulations. Nebraska law will govern the term and the
performance under this Agreement.
8.03 Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter, no
elected official or any officer or employee of the City shall have a fmancial
interest, direct or indirect, in any City agreement. Any violation of this section
with the knowledge of the person or corporation contracting with the City shall
render the Agreement voidable by the Mayor or Council.
8.04 Independent Contractor. Nothing contained in this Agreement is intended to, or
shall be construed in any manner, as creating or establishing the relationship of
employer/employee between the parties. The Developer shall at all times remain
an independent contractor with respect to the services to be performed under
this Agreement. The City shall be exempt from payment of all Unemployment
Compensation, FICA, retirement, life and/or medical insurance and Workers'
Compensation Insurance as the Developer is an Independent Contractor.
8.05 Project Roles. The Developer shall ensure that the Project meets the objectives
stated herein. The City has selected the Developer to assist in the Project since
it is consistent with the Consolidated Plan. With respect to this Project, the City
is not acting as the Developer's architect or engineer. The City makes no
warranties, express or implied, as to the Construction Work. The City owes no
duty to the Developer or any other persons that shall arise because of any
inspection of the premises by the City's agents or employees.
8.06 Captions. Captions used in this Agreement are for convenience and are not
used in the construction of this Agreement.
8.07 Merger. This Agreement shall not be merged into any other oral or written
agreement, lease or deed of any type.
19
material or
expenses incurred the Director deems to be:
17
4
as
needed throughout the year.
The vendor must complete the following pages. The quantities are actual for a 11 month period unless otherwise stated.
Purchases may exceed or be less than those indicated. In addition to requirements shown,one time, non-standard purchases
may occur. The attached list will be utilized for evaluation purposes. Award will be made on the low aggregate all or none bid.
ALL items must be bid as estimated.
Questions regarding this bid may be directed to Jeff Schober at(402)677-4732.
Vendors will be required to furnish filters in less than a case lot.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
8.08 Modification. This Agreement and any related documents securing the
financing contain the entire agreement of the parties. No representations were
made or relied upon by either party other than those that are expressly set forth
herein. No agent, employee, or other representative of either party is
empowered to alter any of the terms herein unless done in writing and signed by
an authorized officer of the respective parties, pursuant to Section 10-142 of the
Omaha Municipal Code.
8.09 Assignment. The Developer may not assign its rights or obligations under this
Agreement without the express prior written consent of the City.
8.10 Strict Compliance. All provisions of this Agreement and each and every
document that shall be attached shall be strictly complied with as written, and
no substitution or change shall be made upon written direction from authorized
representatives of the parties.
8.11 Termination. This Agreement may be suspended or terminated in accordance
with 24 C.F.R. 85.43, Enforcement or C.F.R. 85.44, Termination for
Convenience (Exhibit "N", attached hereto and incorporated herein by this
reference as though fully set forth). Upon termination of this Agreement, all
funds and interest in any account hereunder shall become the property of the
City and shall be returned to the City.
8.12 Reversion of Assets. Upon the expiration of this Agreement, the Developer shall
transfer to the City of Omaha any NSP funds on hand at the time of expiration
and any accounts receivable attributable to the use of NSP funds (24 C.F.R.
92.504(c)(2)(vii)).
8.13 Indemnification. The Developer shall indemnify and hold the City harmless
from and against: (1) any and all claims arising from contracts between the
Developer and third parties made to effectuate the purposes of this Agreement;
and, (2) any and all claims, liabilities or damages arising from the preparation or
presentation of any of the work covered by this Agreement.
8.14 Unenforceable Provisions. Any provision of this Agreement which is
prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be
in effect to the extent of such prohibition or enforceability without invalidating
the remaining provisions hereof or affecting the validity or enforceability of
such provision in any other jurisdiction.
8.15 Disclosure of Lobbying. The Developer shall certify and disclose, to the best of
its knowledge and belief, that:
20
ment are for convenience and are not
used in the construction of this Agreement.
8.07 Merger. This Agreement shall not be merged into any other oral or written
agreement, lease or deed of any type.
19
material or
expenses incurred the Director deems to be:
17
4
as
needed throughout the year.
The vendor must complete the following pages. The quantities are actual for a 11 month period unless otherwise stated.
Purchases may exceed or be less than those indicated. In addition to requirements shown,one time, non-standard purchases
may occur. The attached list will be utilized for evaluation purposes. Award will be made on the low aggregate all or none bid.
ALL items must be bid as estimated.
Questions regarding this bid may be directed to Jeff Schober at(402)677-4732.
Vendors will be required to furnish filters in less than a case lot.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
'8.15.1 No Federal appropriated funds have been paid or will be paid, by or
on behalf of the Developer, to any person for influencing or
attempting to influence an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding
of any Federal contract, the making of any Federal grant, the making
of any.Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment or
modification of any Federal contract, grant, loan, or cooperative
agreement.
8.15.2 If any funds other than Federal appropriated funds have been paid or
will be paid to any person for influencing or attempting to influence
an officer or employee of any agency, a Member of Congress, an
officer of employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the Developer shall complete and submit
standard Form-LLL, "Disclosure Form to Report Lobbying", in
accordance with its instructions.
8.15.3 The language of this certification shall be included in the award
documents for all subawards at all tiers, (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose
accordingly.
8.16 Notices. The City and the Developer hereby expressly agree that for purposes
of notice, including legal service or process, during the term of this Agreement,
and for the period of any applicable statute of limitations thereafter, the
following named individuals shall be authorized representatives of the parties:
1) City:
City of Omaha
Planning Department
1819 Farnam Street, Room 1111
Omaha,Nebraska 68183
2) Developer:
Habitat For Humanity of Omaha, Inc., a
Nebraska Non-profit Corporation
Amanda Brewer, Executive Director/President
2204 Ames Avenue
Omaha NE 68110
In the event the authorized representative changes during the term of this
Agreement, prior written notice will be given to the respective party at the
address noted above.
21
1
uch provision in any other jurisdiction.
8.15 Disclosure of Lobbying. The Developer shall certify and disclose, to the best of
its knowledge and belief, that:
20
ment are for convenience and are not
used in the construction of this Agreement.
8.07 Merger. This Agreement shall not be merged into any other oral or written
agreement, lease or deed of any type.
19
material or
expenses incurred the Director deems to be:
17
4
as
needed throughout the year.
The vendor must complete the following pages. The quantities are actual for a 11 month period unless otherwise stated.
Purchases may exceed or be less than those indicated. In addition to requirements shown,one time, non-standard purchases
may occur. The attached list will be utilized for evaluation purposes. Award will be made on the low aggregate all or none bid.
ALL items must be bid as estimated.
Questions regarding this bid may be directed to Jeff Schober at(402)677-4732.
Vendors will be required to furnish filters in less than a case lot.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
8.17 Applicability. This Agreement shall be binding upon the parties hereto and
shall run with the Property.
SECTION 9. DEFAULT PROVISIONS.
9.01 Remedies. If, through any cause, the Developer shall fail to fulfill in a timely
and proper manner any obligations under this Agreement, or violate any of the
covenants, representations or agreements hereof, the City may upon written
notice terminate this Agreement or such parts thereof as to this Agreement, and
may initiate foreclosure proceedings for any damages caused to the City by
reasons of such default and termination.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date indicated below:
ATTEST. CITY OF OMAHA:
/ic/,c
CI Y CLERK OF T .CITY OF.OMA A A •R OF THE CITY OF OMAHA
HABITAT FOR HUMANITY OF
OMAHA, INC., a Nebraska Non-profit
Corporation
ITNESS:
By: I u�-� 12-7'D61
j4i t Named � /ni/ J e�,v/rf Date/Z$1 Amanda Brewer Date
Title: f/ /-/_ Executive Director/President
APPROVED S TO FORM:
ASSISTANT CITY ATTORNEY Date
22
ard
documents for all subawards at all tiers, (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose
accordingly.
8.16 Notices. The City and the Developer hereby expressly agree that for purposes
of notice, including legal service or process, during the term of this Agreement,
and for the period of any applicable statute of limitations thereafter, the
following named individuals shall be authorized representatives of the parties:
1) City:
City of Omaha
Planning Department
1819 Farnam Street, Room 1111
Omaha,Nebraska 68183
2) Developer:
Habitat For Humanity of Omaha, Inc., a
Nebraska Non-profit Corporation
Amanda Brewer, Executive Director/President
2204 Ames Avenue
Omaha NE 68110
In the event the authorized representative changes during the term of this
Agreement, prior written notice will be given to the respective party at the
address noted above.
21
1
uch provision in any other jurisdiction.
8.15 Disclosure of Lobbying. The Developer shall certify and disclose, to the best of
its knowledge and belief, that:
20
ment are for convenience and are not
used in the construction of this Agreement.
8.07 Merger. This Agreement shall not be merged into any other oral or written
agreement, lease or deed of any type.
19
material or
expenses incurred the Director deems to be:
17
4
as
needed throughout the year.
The vendor must complete the following pages. The quantities are actual for a 11 month period unless otherwise stated.
Purchases may exceed or be less than those indicated. In addition to requirements shown,one time, non-standard purchases
may occur. The attached list will be utilized for evaluation purposes. Award will be made on the low aggregate all or none bid.
ALL items must be bid as estimated.
Questions regarding this bid may be directed to Jeff Schober at(402)677-4732.
Vendors will be required to furnish filters in less than a case lot.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
SCHEDULE OF EXHIBITS
Exhibit Agreement Location Description
A 1.02 Habitat For Humanity of Omaha, Inc.,
Articles of Incorporation, Bylaws, Board
Members, Corporate Resolution and
Attestation Form for Public Benefit (LB
403)
B 3.01.11 Acknowledgement of Covenant Running
With Land
C 1.17 and 2.01.1 Median Family Income Chart, Definition of
Income, Computing Annual Income Form
(Assets);Attestation Form for Public Benefit
to Homebuyer(LB 403)
D 1.19 Definition—Program Income
E 3.01.2, 5.01.1,. OMB Circular A-110
5.01.2, 5.04, 5.05
F 3.01.10 Section 504 Exemption Checklist
G 5.01.2 OMB Circular A-122
H 4.08 Davis-Bacon Exemption Checklist
I 4.10 Affirmative Marketing Policy
J 5.01.3 OMB Circular A-133
K 5.03.2 Occupancy Report
L 5.04 Financial Status Report
M 6.03 Soil Work Policy
N 8.11 Termination—24 C.F.R. 85.43 —85.44
ATTACHMENTS:
1. NDED Contract No. 0910523
2 City of Omaha Definition of Income
3 Equal Employment Opportunity Clause
4 Section 3 Clause
5 Minority and Women Business Plan
6 Subsidy Layering Policy
7 Cost Certification by City Construction Specialist
pin1sf1339-agreement
23
accordingly.
8.16 Notices. The City and the Developer hereby expressly agree that for purposes
of notice, including legal service or process, during the term of this Agreement,
and for the period of any applicable statute of limitations thereafter, the
following named individuals shall be authorized representatives of the parties:
1) City:
City of Omaha
Planning Department
1819 Farnam Street, Room 1111
Omaha,Nebraska 68183
2) Developer:
Habitat For Humanity of Omaha, Inc., a
Nebraska Non-profit Corporation
Amanda Brewer, Executive Director/President
2204 Ames Avenue
Omaha NE 68110
In the event the authorized representative changes during the term of this
Agreement, prior written notice will be given to the respective party at the
address noted above.
21
1
uch provision in any other jurisdiction.
8.15 Disclosure of Lobbying. The Developer shall certify and disclose, to the best of
its knowledge and belief, that:
20
ment are for convenience and are not
used in the construction of this Agreement.
8.07 Merger. This Agreement shall not be merged into any other oral or written
agreement, lease or deed of any type.
19
material or
expenses incurred the Director deems to be:
17
4
as
needed throughout the year.
The vendor must complete the following pages. The quantities are actual for a 11 month period unless otherwise stated.
Purchases may exceed or be less than those indicated. In addition to requirements shown,one time, non-standard purchases
may occur. The attached list will be utilized for evaluation purposes. Award will be made on the low aggregate all or none bid.
ALL items must be bid as estimated.
Questions regarding this bid may be directed to Jeff Schober at(402)677-4732.
Vendors will be required to furnish filters in less than a case lot.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
AMENDED AND RESTATED
Sec of 54a411 . CORP
q+
Iillll11111111111111111111liii!liiI liii ARTICLES OF INCORPORATION •
1000312321 Pgs: 6
OMAHA HABITAT FOR HUMANITY, IN OF
Flied: 07/17/2002 10:07 AM
OMAHA HABITAT FOR HUMANITY, INC.
•
Pursuant to the Nebraska Nonprofit Corporation Act, Omaha Habitat For Humanity, Inc.,
a Nebraska nonprofit corporation, executes the following Amended and Restated Articles of
Incorporation:
ARTICLE I
NAME
The corporate name for the corporation is Omaha Habitat For Humanity,Inc.
•
ARTICLE.II• .. .... . ... .
DURATION •
• The corporation shall have perpetual duration. •
• ARTICLE III 6
•
PUBLIC BENEH'1'CORPORATION
This corporation is a public benefit corporation.
•
ARTICLE IV
PURPOSES
The purposes for which the corporation is organized are as follows:
1. To witness to and implement the gospel of Jesus Christ in Nebraska and
throughout the United States and the world by working with economically disadvantaged people
to help them to create a better human habitat in which to live and work;
2. To cooperate with other charitable organizations, through grants and otherwise,
which are working to develop a better human habitat for economically disadvantaged people;
•
MMI/262104.1
accordingly.
8.16 Notices. The City and the Developer hereby expressly agree that for purposes
of notice, including legal service or process, during the term of this Agreement,
and for the period of any applicable statute of limitations thereafter, the
following named individuals shall be authorized representatives of the parties:
1) City:
City of Omaha
Planning Department
1819 Farnam Street, Room 1111
Omaha,Nebraska 68183
2) Developer:
Habitat For Humanity of Omaha, Inc., a
Nebraska Non-profit Corporation
Amanda Brewer, Executive Director/President
2204 Ames Avenue
Omaha NE 68110
In the event the authorized representative changes during the term of this
Agreement, prior written notice will be given to the respective party at the
address noted above.
21
1
uch provision in any other jurisdiction.
8.15 Disclosure of Lobbying. The Developer shall certify and disclose, to the best of
its knowledge and belief, that:
20
ment are for convenience and are not
used in the construction of this Agreement.
8.07 Merger. This Agreement shall not be merged into any other oral or written
agreement, lease or deed of any type.
19
material or
expenses incurred the Director deems to be:
17
4
as
needed throughout the year.
The vendor must complete the following pages. The quantities are actual for a 11 month period unless otherwise stated.
Purchases may exceed or be less than those indicated. In addition to requirements shown,one time, non-standard purchases
may occur. The attached list will be utilized for evaluation purposes. Award will be made on the low aggregate all or none bid.
ALL items must be bid as estimated.
Questions regarding this bid may be directed to Jeff Schober at(402)677-4732.
Vendors will be required to furnish filters in less than a case lot.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
3. To communicate the gospel of Jesus Christ by means of the spoken and written
word;
4. To receive, maintain and accept as assets of the corporation, any property, whether
real, personal or mixed,by way of gift, bequest, devise, or purchase from any person, firm, trust,
or corporation, to be held, administered and disposed of exclusively for charitable, religious,
educational, and scientific purposes within the meaning of Section 501(c)(3) of the Internal
Revenue Code, as amended, and in accordance with and pursuant to the provisions of these
Amended and Restated Articles of Incorporation; but no gift, bequest, devise, or purchase of any
such property shall be received or made and accepted if it is conditioned or limited in such
manner as shall require the disposition of income or principal to any organisation other than a
"charitable organization" or for any purpose other than "charitable purposes" which would
jeopardize the status of,the corporation as an.entity exempt from federal income tax pursuant to
the relevant provisions of the Internal Revenue Code, as amended; and
5. To exclusively promote and carry on any other religious, charitable or educational
purposes and activities for which corporations may be organized and operated under the relevant
provisions of the Internal Revenue Code, as amended, and under the Nebraska Nonprofit
Corporation Act.
ARTICLE V
MEMBERS
The corporation will have no members.
ARTICLE VI
RESTRICTIONS ON ACTIVITIES
No part of the net earnings of the corporation shall inure to the benefit of, or be
distributed to, any of the directors or officers of the corporation or any other private individuals;
provided, that the corporation may pay reasonable compensation for services rendered to or for
the corporation.and may make payments and distributions in furtherance of the purposes for
which the corporation is organi7ed. No substantial part of the activities of the corporation shall
be the carrying on of propaganda, or otherwise attempting, to influence Iegislation; and the
corporation shall not participate in, or intervene in (including the publishing or distributing of
MML/262104.1
2
Avenue
Omaha NE 68110
In the event the authorized representative changes during the term of this
Agreement, prior written notice will be given to the respective party at the
address noted above.
21
1
uch provision in any other jurisdiction.
8.15 Disclosure of Lobbying. The Developer shall certify and disclose, to the best of
its knowledge and belief, that:
20
ment are for convenience and are not
used in the construction of this Agreement.
8.07 Merger. This Agreement shall not be merged into any other oral or written
agreement, lease or deed of any type.
19
material or
expenses incurred the Director deems to be:
17
4
as
needed throughout the year.
The vendor must complete the following pages. The quantities are actual for a 11 month period unless otherwise stated.
Purchases may exceed or be less than those indicated. In addition to requirements shown,one time, non-standard purchases
may occur. The attached list will be utilized for evaluation purposes. Award will be made on the low aggregate all or none bid.
ALL items must be bid as estimated.
Questions regarding this bid may be directed to Jeff Schober at(402)677-4732.
Vendors will be required to furnish filters in less than a case lot.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
•
•
statements), any political campaign on behalf of(or in opposition to) any candidate for public
office. Notwithstanding any other provision contained in these Articles of Incorporation, the
corporation shall not carry on or conduct any activities not permitted to be carried on or
conducted by(a) an organization exempt from federal income tax under Section 501(c)(3) of the
Internal Revenue Code of 1986 or corresponding provisions of any subsequent federal tax laws
or (b) an organization contributions to which are deductible under Section 170(c)(2) of the
Internal Revenue Code of 1986 or corresponding provisions of any subsequent federal tax laws.
• ARTICLE VU
REGISTERED OFFICE AND AGENT
The street address of the registered office of the corporation is 2204 Ames Avenue, -
Omaha,Nebraska, 68110; and the name of the registered agent of the corporation at that office is
Nancy C.Hemesath.
ARTICLE VIII
DISTRIBUTION OF ASSETS UPON DISSOLUTION
si
In the event of the dissolution and liquidation of this corporation, to the extent allowed or
permitted under applicable laws, the property and assets of the corporation shall be, as
determined by the board of directors of the corporation, distributed to or sold and the proceeds of
such sales distributed to: (i) HFH International, Inc., a Georgia Nonprofit Corporation'and a
corporation exempt under Section 501(c)(3) of the Internal Revenue Code, as amended; or
(ii) any other Organization(s) organized and operating for the same purposes for which the
corporation is organized aid operating or any organization(s), foundation(s), fimd(s), or
corporation(s) organized and operating exclusively for religious, charitable, scientific,
educational, or other purposes permitted by Section 501(c)(3) of the Internal Revenue Code, as
amended, all of which such organizations, foundations, funds, or corporations shall be exempt
under Section 501(c)(3) of the Internal Revenue Code, as amended. In the event that any assets
are not disposed of in accordance with the provisions of these Amended and Restated Articles of
Incorporation or that the corporation shall fail to act within a reasonable time in the manner
provided in these Amended and restated Articles of Incorporation, the Court of Douglas County
shall, upon application of one or more persons having a real interest in the corporation or its
MMU262104.1
3
1
uch provision in any other jurisdiction.
8.15 Disclosure of Lobbying. The Developer shall certify and disclose, to the best of
its knowledge and belief, that:
20
ment are for convenience and are not
used in the construction of this Agreement.
8.07 Merger. This Agreement shall not be merged into any other oral or written
agreement, lease or deed of any type.
19
material or
expenses incurred the Director deems to be:
17
4
as
needed throughout the year.
The vendor must complete the following pages. The quantities are actual for a 11 month period unless otherwise stated.
Purchases may exceed or be less than those indicated. In addition to requirements shown,one time, non-standard purchases
may occur. The attached list will be utilized for evaluation purposes. Award will be made on the low aggregate all or none bid.
ALL items must be bid as estimated.
Questions regarding this bid may be directed to Jeff Schober at(402)677-4732.
Vendors will be required to furnish filters in less than a case lot.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
assets, make such distribution(s) as provided in these Amended and Restated Articles of
Incorporation.
ARTICLE IX
GENERAL
1. The corporation shall distribute its income for each taxable year at such time and
in such manner as not to become subject to the tax on undistributed income imposed by Section
4942 of the Internal Revenue Code of 1986 or corresponding provisions of any subsequent
federal tax laws.
2. The corporation shall not engage in any act of self- dealing as defined in Section •
4941(d) of the Internal Revenue Code of 1986 or corresponding provisions of any subsequent
federal tax laws.
3. The corporation shall not retain any excess business holdings as defined in
Section 4943(c) of the Internal Revenue Code of 1986 or corresponding provisions of any
subsequent federal tax laws. •
4. The corporation shall not make any investments in such manner as to subject it to
tax under Section 4944 of the Internal Revenue Code of 1986 or corresponding provisions of any
subsequent federal tax laws.
5. The corporation shall not make any taxable expenditures as defined in Section
4945(d) of the Internal Revenue Code of 1986 or corresponding provisions of any subsequent
federal tax laws.
ARTICLE X
INDEMNIFICATION OF DIRECTORS
The corporation shall, and by virtue of the provisions of this Article X is obligated to,
indemnify each director of the corporation to the fullest extent permitted by law in accordance
with Section 21-1997 of the Nebraska Nonprofit Corporation Act for liability, as defined in
Section 21-1996 of the Nebraska Nonprofit Corporation Act, to any person for any action taken,
or any failure to take any action, as a director of the corporation except liability for(a)receipt of
a financial benefit to which such director is not entitled,(b) an intentional infliction of harm on
the corporation, (c) a violation of Section 21-1989 of the Nebraska Nonprofit Corporation Act,or
(d) an intentional violation of criminal law. The foregoing provisions of this Article X shall be
iMM V262104.1
4
s of
Incorporation or that the corporation shall fail to act within a reasonable time in the manner
provided in these Amended and restated Articles of Incorporation, the Court of Douglas County
shall, upon application of one or more persons having a real interest in the corporation or its
MMU262104.1
3
1
uch provision in any other jurisdiction.
8.15 Disclosure of Lobbying. The Developer shall certify and disclose, to the best of
its knowledge and belief, that:
20
ment are for convenience and are not
used in the construction of this Agreement.
8.07 Merger. This Agreement shall not be merged into any other oral or written
agreement, lease or deed of any type.
19
material or
expenses incurred the Director deems to be:
17
4
as
needed throughout the year.
The vendor must complete the following pages. The quantities are actual for a 11 month period unless otherwise stated.
Purchases may exceed or be less than those indicated. In addition to requirements shown,one time, non-standard purchases
may occur. The attached list will be utilized for evaluation purposes. Award will be made on the low aggregate all or none bid.
ALL items must be bid as estimated.
Questions regarding this bid may be directed to Jeff Schober at(402)677-4732.
Vendors will be required to furnish filters in less than a case lot.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
deemed to satisfy the determination and authorization requirements referred to in Subsection
(a)(3) of Section 21-1999 and in Subsection(c) of Section 21-19,101 of the Nebraska Nonprofit
Corporation Act and shall be deemed to obligate the corporation to advance funds to pay for or
reimburse expenses in accordance with Section 21-1999 of the Nebraska Nonprofit Corporation
Act to the fullest extent permitted by law.
ARTICLE XI s'
INDEMNIFICATION OF OFFICERS,EMPLOYEES AND AGENTS
The corporation shall, and by virtue of the provisions of this Article XI is obligated to,
indemnify each officer, employee and agent of the corporation to the fullest extent permitted by
law in accordance with Section- 21-19,102 of the Nebraska Nonprofit Corporation Act for
liability, as defined in Section 21-1996 of the Nebraska Nonprofit Corporation Act, to any person
for any action taken, or any failure to take any action, as an officer, employee or agent of the
corporation except liability for (a) receipt of a financial benefit to which such officer, employee
or agent is not entitled, (b) an intentional infliction of harm on the corporation, or (c) an
intentional violation of criminal law. The foregoing provisions of this Article XI shall be
deemed to satisfy the determination and authorization requirements referred to in Subsection
(a)(3) of Section 21-1999 and in Subsection(c) of Section 21-19,101 of the Nebraska Nonprofit
Corporation Act and shall be deemed to obligate the corporation to advance funds to pay for or
reimburse expenses in accordance with Subsection (2) of Section 21-19,102 of the Nebraska
Nonprofit Corporation Act to the fullest extent permitted by law.
Dated: ( / , 2002.
19
l_r
Nancy C. He sath,President
MMU2621 04.1
5
ncial benefit to which such director is not entitled,(b) an intentional infliction of harm on
the corporation, (c) a violation of Section 21-1989 of the Nebraska Nonprofit Corporation Act,or
(d) an intentional violation of criminal law. The foregoing provisions of this Article X shall be
iMM V262104.1
4
s of
Incorporation or that the corporation shall fail to act within a reasonable time in the manner
provided in these Amended and restated Articles of Incorporation, the Court of Douglas County
shall, upon application of one or more persons having a real interest in the corporation or its
MMU262104.1
3
1
uch provision in any other jurisdiction.
8.15 Disclosure of Lobbying. The Developer shall certify and disclose, to the best of
its knowledge and belief, that:
20
ment are for convenience and are not
used in the construction of this Agreement.
8.07 Merger. This Agreement shall not be merged into any other oral or written
agreement, lease or deed of any type.
19
material or
expenses incurred the Director deems to be:
17
4
as
needed throughout the year.
The vendor must complete the following pages. The quantities are actual for a 11 month period unless otherwise stated.
Purchases may exceed or be less than those indicated. In addition to requirements shown,one time, non-standard purchases
may occur. The attached list will be utilized for evaluation purposes. Award will be made on the low aggregate all or none bid.
ALL items must be bid as estimated.
Questions regarding this bid may be directed to Jeff Schober at(402)677-4732.
Vendors will be required to furnish filters in less than a case lot.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
EXHIBIT A
AMENDED AND RESTATED BYLAWS
OF
HABITAT FOR HUMANITY OF OMAHA, INC.
Mission Statement: Building homes and building lives through the partnership of our
community's spiritual and material resources.
ARTICLE I. BOARD OF DIRECTORS
Section 1. General Powers. The affairs of the corporation shall be managed under the
direction of its Board of Directors.
Section 2. Number,Election, Tenure, and Qualifications.
(a) In no event shall the corporation have less than twelve(1 2)nor more than twenty-five
(25)Directors.
(b) Directors shall be elected by the Board of Directors at each annual meeting of the
Board of Directors by majority vote. At such meeting, the Board of Directors may consider
recommendations for new Directors made by the Nomination Committee. Notwithstanding the
foregoing,one(1)of the Directors shall at all times be the President of the Friends Board of Habitat
for Humanity of Omaha,Inc. for as long as he or she holds such office.
(c) Each Director(except for the President of the Friends Board) shall serve a two (2)
year term,commencing on January 15t of the year following the election. Despite the expiration of
the term of office of a Director, he or she shall continue to serve until the election of his or her
successor. Directors may be elected for successive terms but shall not serve more than three (3)
consecutive terms.Notwithstanding the foregoing,in the event the Chairperson of the Board serves
in that capacity during his or her sixth (6') year on the Board, then he or she shall serve for one
additional year on the Board thereafter.
(d) Directors must be individuals but need not be residents of Nebraska.
Section 3. Resignation.A Director may resign at any time by delivering written notice of his
or her resignation to the Board of Directors or to the President or Secretary. The resignation of a
Director is effective when the notice is effective under the Nebraska Nonprofit Corporation Act(the
"Act")unless the notice specifies a later effective date. If a resignation is made effective at a later
date, the Board of Directors may fill the pending vacancy before the effective date if the Board of
Directors provides that the successor Director does not take office until the effective date.
1
shall, upon application of one or more persons having a real interest in the corporation or its
MMU262104.1
3
1
uch provision in any other jurisdiction.
8.15 Disclosure of Lobbying. The Developer shall certify and disclose, to the best of
its knowledge and belief, that:
20
ment are for convenience and are not
used in the construction of this Agreement.
8.07 Merger. This Agreement shall not be merged into any other oral or written
agreement, lease or deed of any type.
19
material or
expenses incurred the Director deems to be:
17
4
as
needed throughout the year.
The vendor must complete the following pages. The quantities are actual for a 11 month period unless otherwise stated.
Purchases may exceed or be less than those indicated. In addition to requirements shown,one time, non-standard purchases
may occur. The attached list will be utilized for evaluation purposes. Award will be made on the low aggregate all or none bid.
ALL items must be bid as estimated.
Questions regarding this bid may be directed to Jeff Schober at(402)677-4732.
Vendors will be required to furnish filters in less than a case lot.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
Section 4. Removal. A Director may be removed from office without cause by the vote of
two-thirds of the Directors then in office.
Section 5. Vacancies.If a vacancy occurs on the Board of Directors,the Board of Directors
may fill the vacancy by majority vote. If the Directors remaining in office constitute less than a
quorum of the Board of Directors,such remaining Directors may fill the vacancy by the affirmative
vote of a majority of all the Directors remaining in office. The term of a Director elected to fill a
vacancy expires at the end of the unexpired term that such Director is filling.
Section 6. Annual Meeting. An annual meeting of the Board of Directors shall be held
between November 1st and December 15`h of each year at such time and place as may be determined
by the Board of Directors for the purposes of electing officers and Directors of the corporation and
transacting such other business as properly may come before the meeting. If the election of Directors
is not held on the day designated in this bylaw for any annual meeting of Directors, or at any
adjournment of such meeting, then the Board of Directors shall cause such election to be held as
soon as practicable at a special meeting of the Board of Directors.
Section 7. Regular Meetings. The Board of Directors shall hold at least four (4) regular
meetings annually as determined by the Board of Directors.The Board of Directors may provide,by
resolution, the time and place for the holding of such meetings without notice other than such
resolution.
Section 8. Special Meetings.Special meetings of the Board of Directors may be called by the
Chairperson of the Board,the President,or a majority of the Directors.The person or persons calling
a special meeting of the Board of Directors shall designate the place for such special meeting.If no
such designation is made,then the place for the special meeting shall be the registered office of the
corporation in Nebraska.
Section 9. Notice of Meeting; Waiver.Notice of the date,time,and place of an annual or a
special meeting of the Board of Directors shall be given to each Director by or at the direction of the
person or persons calling such annual or special meeting at least two(2)days prior to such annual or
special meeting. Notice of an annual or special meeting may be communicated in any manner
permitted by the Act(including,without limitation,electronic mail);however,if mailed,notice shall
be given at least five(5) days prior to such annual or special meeting.Notice shall be effective as
provided in the Act.A Director may waive notice of any meeting,either before or after such meeting,
or any other notice required by the Act or these bylaws;such waiver shall be in writing,signed by the
Director entitled to the notice,and filed with the minutes of the meeting or other corporate records.
The attendance of a Director at or the participation of a Director in a meeting waives any required
notice of such meeting unless the Director, upon arriving at the meeting or prior to the vote on a
matter not noticed in conformity with the Act or these bylaws,objects to lack of notice and does not
thereafter vote for or assent to the action to which objection is made. Neither the business to be
transacted at, nor the purpose of, any meeting of the Board of Directors need be specified in the
notice or waiver of notice of such meeting.
2
id.
ALL items must be bid as estimated.
Questions regarding this bid may be directed to Jeff Schober at(402)677-4732.
Vendors will be required to furnish filters in less than a case lot.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
Section 10. Quorum. A majority of the Directors in office immediately before a meeting
begins shall constitute a quorum for the transaction of business at any meeting of the Board of
Directors.If less than such majority is present at a meeting,then a majority of the Directors present
may adjourn the meeting from time to time without further notice until a quorum is present.
Section 11. Manner of Acting. If a quorum is present when a vote is taken, then the
affirmative vote of a majority of the Directors present at a meeting of the Board of Directors shall be
the act of the Board of Directors, except as otherwise specifically provided in these bylaws.
Section 12. Attendance by Means of Communication. Members of the Board of Directors
may participate in a meeting of the Board of Directors or conduct the meeting through the use of any
means of communication by which all Directors participating in the meeting may simultaneously
hear each other during the meeting.A Director participating in a meeting of the Board of Directors
by such means is deemed to be present in person at such meeting.
Section 13.Informal Action by Directors.Any action required or permitted by the Act to be
taken at any meeting of the Board of Directors may be taken without a meeting if the action is
taken by all members of the Board of Directors. The action must be evidenced by one or more
written consents describing the action taken,signed by each Director, and included in the minutes
filed with the corporate records reflecting the action taken.Action taken under this bylaw is effective
when the last Director signs the consent unless the consent specifies a different effective time. A
consent signed under this bylaw has the effect of a meeting vote and may be described as such in any
document.
Section 14. No Loans or Guaranties.The corporation shall not lend money to or guaranty the
obligations of any Director of the corporation.
Section 15. Compensation. The Board of Directors shall not permit compensation of
Directors for their services as such.
ARTICLE II. COMMITTEES
Section 1. Board Committees in General.
(a) Committees of the corporation shall be standing or special. Standing committees
shall be the Executive Committee, the Finance Committee, the Personnel Committee, the
Nominating Committee and the Development Committee, and such other standing committees as
may be authorized by the Board of Directors. Unless otherwise specifically provided in these
bylaws,the Chairperson,with the approval of the Board of Directors,shall appoint all members of
the standing and special committees.
(b) Unless otherwise specifically provided in these bylaws, the term of service of
members on all committees shall be until the end of the current calendar year of appointment. The
3
.
The attendance of a Director at or the participation of a Director in a meeting waives any required
notice of such meeting unless the Director, upon arriving at the meeting or prior to the vote on a
matter not noticed in conformity with the Act or these bylaws,objects to lack of notice and does not
thereafter vote for or assent to the action to which objection is made. Neither the business to be
transacted at, nor the purpose of, any meeting of the Board of Directors need be specified in the
notice or waiver of notice of such meeting.
2
id.
ALL items must be bid as estimated.
Questions regarding this bid may be directed to Jeff Schober at(402)677-4732.
Vendors will be required to furnish filters in less than a case lot.
All bidders awarded a contract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
chairperson of each standing committee shall be a member of the Board of Directors and other
members of the committee may either be Directors or other persons appointed by the Chairperson,
with approval of the Board of Directors. Unless otherwise specifically provided in these bylaws,
committee Chairpersons shall serve until the end of the current calendar year of appointment. At the
request of the Chairperson of the Board, the chairperson of a committee shall attend the next
Executive Committee meeting to provide a report on the activities of such committee.
(c) To the extent specified or authorized by the Board of Directors or in these bylaws,
each committee of the Board of Directors may exercise the authority of the Board of Directors. A
committee of the Board of Directors may not,however: (a)authorize distributions; (b)approve or
recommend dissolution, merger or the sale, pledge or transfer of all or substantially all of the
corporation's assets;(c)elect,appoint or remove directors or fill vacancies on the Board of Directors
or on any committee of the Board of Directors; or (d) adopt, amend or repeal the articles of
incorporation or any bylaws. The Board of Directors shall have the following committees of the
Board of Directors,in addition to any other committees,which the Board of Directors may hereafter
create:
Section 2. Executive Committee. The Executive Committee shall consist of the
Chairperson,Vice Chairperson,Secretary and Treasurer of the Board of Directors.The President of
the corporation shall also serve on the Executive Committee as an ex officio member.Members of
the Executive Committee shall serve in such capacity until the next annual meeting of the Board of
Directors.The Chairperson of the Board shall serve as the chairperson of the Executive Committee
and shall preside at all of its meetings.Except to the extent prohibited or limited by this Section 6.1
or by resolution of the Board of Directors,the Executive Committee may exercise the authority of
the Board of Directors at such times as the Board of Directors is not in session.
Section 3. Finance Committee.The Finance Committee shall consist of at least two(2)
members, all of whom shall serve in such capacity until the next annual meeting of the Board of
Directors.The members of the Finance Committee shall elect one of its members(recognizing that
such member shall be a member of the Board)to serve as the chairperson of the Finance Committee
and the chairperson shall preside at all of its meetings. The Finance Committee shall (i)prepare an
annual revenue and expense budget for submission to the full Board of Directors; (ii)work closely
with the Development Committee to coordinate development of the resources needed to meet the
revenue goals of the budget;(iii)monitor the implementation of the budget;and(iv)when necessary,
make recommendations to the Board of Directors regarding adjustments to the budget.
Section 4. Personnel Committee.The Personnel Committee shall consist of two(2)or
more members,all of whom shall serve in such capacity until the next annual meeting of the Board
of Directors.The members of the Personnel Committee shall elect one of its members(recognizing
that such member shall be a member of the Board) to serve as the chairperson for the Personnel
Committee and the chairperson shall preside at all of its meetings.The Personnel Committee shall(i)
review and recommend approval to the Board of Directors of the total compensation package of the
corporation's President and shall also review the President's recommendations for the total
compensation of other senior management personnel;(ii)recommend objective evaluation criteria to
4
on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
•
the Board of Directors for the President of the corporation and perform such evaluation on an annual
basis; (iii) oversee the implementation and administration of policies and procedures relating to
volunteers and employees of the corporation; and(iv) advise the President on personnel matters.
Section 5. Nominating Committee. The Nominating Committee shall consist of two(2)
or more members,one of which shall be the Vice-Chairperson of the Board of Directors,and all of
whom shall serve in such capacity until the next annual meeting of the Board of Directors.The Vice-
Chairperson of the Board of Directors shall serve as the chairperson for the Nominating Committee
and the chairperson shall preside at all of its meetings. The Nominating Committee shall (i) be
responsible for identifying and recruiting prospective Directors of the corporation and shall present a
slate of nominees for election as Directors at the annual meeting;and(ii)present a slate of nominees
for appointment as principal officers of the corporation and may make such recommendations for
chairpersons of the operating committees.
Section 6. Development Committee. The Development Committee shall consist of two
(2)or more members,all of whom shall serve in such capacity until the next annual meeting of the
Board of Directors. The members of the Development Committee shall elect one of its members
(recognizing that such member shall be a member of the Board)to serve as the chairperson for the
Development Committee and the chairperson shall preside at all of its meetings.The Development
Committee shall be responsible for coordinating the raising of funds needed to conduct the business
of the corporation. The tasks to be coordinated by the Development Committee shall include fund-
raising campaigns, grant proposal writing, special fundraising events, and cultivation of major
donors.
Section 7. Special Committees.
Special committees maybe appointed by the Chairperson with the concurrence of the Board
of Directors for such special tasks as circumstances warrant. Members shall be selected by the
Chairperson, with approval from the Board of Directors. A special committee shall limit its
activities to the accomplishment of the task for which it is appointed and shall have no power to act
except as specifically conferred by action of the Board of Directors. Upon completion of the task for
which appointed, such special committee shall stand discharged.
Section 8. Board of Directors Oversight.
Reports of committee meetings shall be submitted to the Board of Directors and actions and
recommendations of committees,other than the Executive Committee,shall be subject to approval or
disapproval at the next regular Board meeting.
ARTICLE III. OFFICERS
Section 1. Officers. The officers of the corporation shall consist of a Chairperson of the
Board, a Vice Chairperson of the Board, a President, one or more Vice Presidents (the number
thereof to be determined by the Board of Directors),a Secretary of the Board,and a Treasurer of the
5
of the Board
of Directors.The members of the Personnel Committee shall elect one of its members(recognizing
that such member shall be a member of the Board) to serve as the chairperson for the Personnel
Committee and the chairperson shall preside at all of its meetings.The Personnel Committee shall(i)
review and recommend approval to the Board of Directors of the total compensation package of the
corporation's President and shall also review the President's recommendations for the total
compensation of other senior management personnel;(ii)recommend objective evaluation criteria to
4
on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
Board. The Board of Directors also may appoint such other officers and assistant officers as the
Board of Directors may deem necessary.No more than one(1)of the six(6)principal offices may be
held by the same person. The Chairperson of the Board and Vice Chairperson of the Board shall be
appointed from among the members of the Board of Directors and shall have such duties as may be
assigned to him or her from time to time by the Board of Directors.
Section 2. Appointment and Term of Office. The Board of Directors shall appoint the
required officers of the corporation at the annual meeting of the Board of Directors. If the
appointment of such officers is not made at such meeting,then such appointment shall be made as
soon thereafter as may be convenient. The Board of Directors may appoint other officers and
assistant officers at any time. Each officer shall hold office until the next annual meeting of the
Board of Directors and until his or her successor shall have been appointed and qualified or until
his or her earlier resignation or removal.
Section 3. Removal.The Board of Directors may remove any officer of the corporation at
any time with or without cause,but such removal shall not affect the officer's contract rights,if any,
with the corporation.
Section 4. Resignation. An officer may resign at any time by delivering notice of his or her
resignation to the corporation.An officer's resignation shall be effective when the notice is effective
under the Act unless the notice specifies a future effective date. If an officer's resignation is made
effective at a future date and the corporation accepts the future effective date,
then the Board of Directors may fill the pending vacancy before such effective date if the Board of
Directors provides that the successor shall not take office until such effective date. An officer's
resignation shall not affect the corporation's contract rights, if any,with the officer.
Section 5. Vacancies. A vacancy in an office for any reason may be filled by the Board of
Directors for the unexpired portion of the term of such office.
Section 6. Chairperson of the Board.Unless otherwise provided by the Board of Directors,
the Chairperson of the Board shall generally have all powers and perform all duties incident to that
position.The Chairperson of the Board shall,when present,preside at all meetings of the Board of
Directors.The Chairperson of the Board may sign any document or instrument which the Board of
Directors has authorized to be executed, unless such action has been expressly delegated by the
Board of Directors or these bylaws to some other officer or agent of the corporation or is required by
law to be done otherwise.The Chairperson of the Board shall have such other powers and perform
such other duties as the Board of Directors may assign to him or her from time to time. Unless
otherwise provided by the Board of Directors, whenever the President is unable to serve or the
position of President is vacant,the Chairperson of the Board also may perform all duties and exercise
all powers of the President.
Section 7. Vice Chairperson of the Board. Unless otherwise provided by the Board of
Directors,the Vice Chairperson of the Board shall generally have all powers and perform all duties
incident to that position. The Vice Chairperson of the Board shall, when present, preside at all
6
The Personnel Committee shall(i)
review and recommend approval to the Board of Directors of the total compensation package of the
corporation's President and shall also review the President's recommendations for the total
compensation of other senior management personnel;(ii)recommend objective evaluation criteria to
4
on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
meetings of the Board of Directors when the Chairperson of the Board is absent. In the absence of
the Chairperson of the Board, the Vice Chairperson of the Board may sign any document or
instrument which the Board of Directors has authorized to be executed,unless such
action has been expressly delegated by the Board of Directors or these bylaws to some other officer
or agent of the corporation or is required by law to be done otherwise.The Vice Chairperson of the
Board shall have such other powers and perform such other duties as the Board of Directors may
assign to him or her from time to time. Unless otherwise provided by the Board of Directors,
whenever the President is unable to serve or the position of President is vacant,the Vice Chairperson
of the Board also may perform all duties and exercise all powers of
the President if the Chairperson of the Board is unable to do so.
Section 8. President. Unless otherwise provided by the Board of Directors, the President
shall be the chief executive officer of the corporation and, subject to the direction of the Board of
Directors, generally shall supervise and manage the affairs of the corporation. The President may
sign on behalf of the corporation any document or instrument which the Board of Directors has
authorized to be executed,unless such action has been expressly delegated by the Board of Directors
or by these bylaws to some other officer or agent of the corporation or is required by law to be done
otherwise.The President generally shall have all powers and perform all duties incident to the office
of President and shall have such other powers and perform such other duties as the Board of
Directors may assign to him or her from time to time.
Section 9.Vice President.A Vice President shall assist the President in the administration of
the corporation's affairs with respect to such matters and with such powers and duties as the
President or the Board of Directors may assign to him or her from time to time. Unless otherwise
provided by the Board of Directors, whenever the President is unable to serve or the office of
President is vacant,the Vice President(or, if there is more than one Vice President, then the Vice
Presidents in the order designated at the time of their appointment or, in the absence of any such
designation,in the order of their appointment)shall perform the duties of the President and,when so
acting, shall have all powers of the President.
Section 10. Secretary of the Board. The Secretary of the Board shall (a)prepare and keep
minutes of meetings of the Board of Directors,(b)give or cause to be given all notices in accordance
with the provisions of these bylaws or as required by law,except that notices of special meetings of
Directors called by two Directors may be given by such Directors,(c)be custodian of the corporate
records and the seal (if any) of the corporation, (d) authenticate records of the Corporation, (e)
generally have all powers and perform all duties incident to the office of Secretary,and(f)have such
other powers and perform such other duties as the President or the Board of Directors may assign to
him or her from time to time.
Section 11. Treasurer of the Board.If required by the Board of Directors,the Treasurer of the
Board shall give a bond for the faithful discharge of his or her duties in such amount and with such
sureties as the Board of Directors shall specify.The Treasurer of the Board shall have oversight over
the financial affairs of the corporation,which includes(a)responsibility for all moneys and securities
of the corporation,(b)receiving and giving receipts for moneys due and payable to the corporation
7
{
4
on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
from any source,(c)depositing all moneys of the corporation in the name of the corporation in such
banks,trust companies,or other depositaries or accounts as shall be selected by or at the direction of
the Board of Directors, (d) keeping or causing to be kept regular books of account for the
corporation,(e)generally having all powers and perform all duties incident to the office of Treasurer,
and (f) having such other powers and perform such other duties as the President or the Board of
Directors may assign to him or her from time to time.
Section 12. Compensation.The compensation of the President and Vice President(s)of the
corporation shall be fixed from time to time by or at the direction of the Board of Directors. Such
salaries shall be reasonable in light of the services actually rendered to the corporation by the
respective officers.
ARTICLE IV. AMENDMENTS
Except as otherwise provided by law,these bylaws may be amended,in a manner consistent
with the Articles of Incorporation of the corporation and applicable law, by the Board
of Directors at any regular or special meeting of the Board of Directors. The corporation shall
provide notice of any meeting of the Board of Directors at which an amendment of these bylaws is to
be approved.Such notice shall comply with the Act and these bylaws,shall state that the purpose,or
one of the purposes,of the meeting is to consider a proposed amendment of these bylaws,and shall
contain or be accompanied by a copy or summary of the proposed amendment or state the general
nature of the proposed amendment.To be effective,an amendment of these bylaws must be approved
by a majority of the Directors in office at the time the amendment is adopted.
ARTICLE V. CONFLICT OF INTEREST
A conflict of interest transaction is a transaction with the corporation in which a Director has
a direct or indirect interest. A Director of the corporation has an indirect interest in a transaction if:
(1) Another entity in which the Director has a material interest or in which the Director is
a general partner is a party to the transaction; or
(2) Another entity of which the Director is a director, officer or trustee is a party to the
transaction.
A transaction in which a director has a conflict of interest may be approved In advance by affirmative
vote of a majority of the Board of Directors,or a committee of the Board of Directors,who have no
direct or indirect interest in the transaction if the material facts of the transaction and the Director's
interests are disclosed or known to the Board of Directors or committee of the board and the
Directors approving the transaction in good faith reasonably believe that the transaction is fair to the
corporation, or as otherwise provided by the Act as amended from time to time.
8
the seal (if any) of the corporation, (d) authenticate records of the Corporation, (e)
generally have all powers and perform all duties incident to the office of Secretary,and(f)have such
other powers and perform such other duties as the President or the Board of Directors may assign to
him or her from time to time.
Section 11. Treasurer of the Board.If required by the Board of Directors,the Treasurer of the
Board shall give a bond for the faithful discharge of his or her duties in such amount and with such
sureties as the Board of Directors shall specify.The Treasurer of the Board shall have oversight over
the financial affairs of the corporation,which includes(a)responsibility for all moneys and securities
of the corporation,(b)receiving and giving receipts for moneys due and payable to the corporation
7
{
4
on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
These Amended and Restated Bylaws were approved and adopted by the Board of Directors
on July 27,2009.
Steve Lindsay, rperson
Attest: _._
rr
` ..«M.�'rr •fit
i
J -Blumeii, a Secre iy
� I
9
. i
1
reet primarily
in the North Omaha Revitalization Strategy Area to be sold to Low-, Moderate-, and Middle-
Income Persons with annual household incomes 50% and below the MFI
Omaha, Nebraska 68110
NSP Contract No. 091OS23
R co ,--r CD 1-1 p CD
yam:J
• r
1iP�
•O C ,•t � N 0" A)
i
rF�
k
(J�
Agent
Name of Firm.•''
e-ee
Signed B
Title
L • ENGINEERING
onstruction
577.85
1
2009 Board of Directors—Habitat for Humanity of Omaha
Steve Lindsay - Vice President, First National Bank
Chairman
John Heck — Senior Vice President, Scoular Company
Vice-Chairman
Brian Csipkes — Partner/CPA, Seim Johnson
Treasurer
Jon Blumenthal — Partner/Attorney, Baird Holm
Secretary
John Armknecht — Architect, Stanley J How Architects
Todd Clevenger — Senior Vice President, Omaha State Bank
Jonathan Davidson — Senior Vice President, VantagePoint
Dawn Dinsdale — Community Volunteer •
Rhonda Distefano — Senior Vice President, Weitz Company
Winsley Durand — Director of Minority Economic Development, Omaha Chamber
Deanne Fairfield — Community Volunteer
Tom Hoarty — Partner/Attorney, Byam & Hoarty
Mike Homa — President, Mutual of Omaha Bank
Lisa Lackovic — Marketing Director, Watkins Concrete
Jason Lauritsen — VP Human Resources, Union Bank &Trust
Patricia Manion — Community Volunteer
Linda O'Hare — Community Volunteer
Lawrence Pete — Vice President, Centennial Bank
Dee Sylvis — Supervisor, Cargill
Terry Thompson — Branch Manager, Centris Federal Credit Union
Travis Tyler — Partner/Attorney, Fraser Stryker
Advisory Council
Todd Graham — President, Iowa West Foundation
Kirk Kellner — President, Wells Fargo Bank Nebraska
Rodrigo Lopez — President, AmeriSphere
Jodie Mackintosh — Owner, American Title
Larry Melichar — President, CBSHome
Rick Russell — Owner, Millard Lumber
John Schembari — Partner, Kutak Rock
Mary Jo Thielen — President, TFF Construction
ty of the Directors in office at the time the amendment is adopted.
ARTICLE V. CONFLICT OF INTEREST
A conflict of interest transaction is a transaction with the corporation in which a Director has
a direct or indirect interest. A Director of the corporation has an indirect interest in a transaction if:
(1) Another entity in which the Director has a material interest or in which the Director is
a general partner is a party to the transaction; or
(2) Another entity of which the Director is a director, officer or trustee is a party to the
transaction.
A transaction in which a director has a conflict of interest may be approved In advance by affirmative
vote of a majority of the Board of Directors,or a committee of the Board of Directors,who have no
direct or indirect interest in the transaction if the material facts of the transaction and the Director's
interests are disclosed or known to the Board of Directors or committee of the board and the
Directors approving the transaction in good faith reasonably believe that the transaction is fair to the
corporation, or as otherwise provided by the Act as amended from time to time.
8
the seal (if any) of the corporation, (d) authenticate records of the Corporation, (e)
generally have all powers and perform all duties incident to the office of Secretary,and(f)have such
other powers and perform such other duties as the President or the Board of Directors may assign to
him or her from time to time.
Section 11. Treasurer of the Board.If required by the Board of Directors,the Treasurer of the
Board shall give a bond for the faithful discharge of his or her duties in such amount and with such
sureties as the Board of Directors shall specify.The Treasurer of the Board shall have oversight over
the financial affairs of the corporation,which includes(a)responsibility for all moneys and securities
of the corporation,(b)receiving and giving receipts for moneys due and payable to the corporation
7
{
4
on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
•
CORPORATE RESOLUTION
I, Jon Blumenthal, do hereby certify that I am the duly elected Secretary of Habitat for
Humanity of Omaha, Inc., a Nebraska not for profit corporation authorized to do business in the
State of Nebraska, and that the following is a copy of the Resolution adopted at a meeting of the
Board of Directors of said corporation, held on November 30, 2009.
WHEREAS, Habitat for Humanity of Omaha, Inc. is committed to the development of
residential units to provide affordable residential units to qualified low- and moderate-income
families; and
WHEREAS, the Corporation and the City of Omaha have negotiated an Agreement for
the construction of 7 residential homes; and
NOW, THEREFORE, BE IT RESOLVED that the Corporation does hereby agree to
enter into an Agreement with the City of Omaha for the construction of 7 units for qualified low-
income families at less than 50% of median income, Omaha,Nebraska; and,
IT IS FURTHER RESOLVED that Amanda Brewer, President and Executive Director of
the Corporation, be, and hereby is, authorized to take all such actions, including the execution of
an Agreement and any security documents in favor of the City of Omaha to carry out the purpose
of this Resolution.
I do hereby further certify that since the adoption of said Resolution, it has been neither
revoked nor amended; and,
I do hereby further certify that on November 26, 2007, Steve Lindsay was elected
President, and that on November 27, 2006, Jon Blumenthal was elected Secretary, and that they
have been since that date and are now, respectively, President and Secretary of Habitat for
Humanity of Omaha, Inc.
Witness my hand and the seal of Habitat for Humanity of Omaha, Inc., this 7th day of
December, 2009.
7fetary
poration in which a Director has
a direct or indirect interest. A Director of the corporation has an indirect interest in a transaction if:
(1) Another entity in which the Director has a material interest or in which the Director is
a general partner is a party to the transaction; or
(2) Another entity of which the Director is a director, officer or trustee is a party to the
transaction.
A transaction in which a director has a conflict of interest may be approved In advance by affirmative
vote of a majority of the Board of Directors,or a committee of the Board of Directors,who have no
direct or indirect interest in the transaction if the material facts of the transaction and the Director's
interests are disclosed or known to the Board of Directors or committee of the board and the
Directors approving the transaction in good faith reasonably believe that the transaction is fair to the
corporation, or as otherwise provided by the Act as amended from time to time.
8
the seal (if any) of the corporation, (d) authenticate records of the Corporation, (e)
generally have all powers and perform all duties incident to the office of Secretary,and(f)have such
other powers and perform such other duties as the President or the Board of Directors may assign to
him or her from time to time.
Section 11. Treasurer of the Board.If required by the Board of Directors,the Treasurer of the
Board shall give a bond for the faithful discharge of his or her duties in such amount and with such
sureties as the Board of Directors shall specify.The Treasurer of the Board shall have oversight over
the financial affairs of the corporation,which includes(a)responsibility for all moneys and securities
of the corporation,(b)receiving and giving receipts for moneys due and payable to the corporation
7
{
4
on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
•
CERTIFICATE OF RESOLUTION
OF
THE BOARD OF DIRECTORS
OF
HABITAT FOR HUMANITY OF OMAHA,INC.
The undersigned hereby certify that the following is a true and correct copy of a resolution
duly adopted by the Board of Directors on July 27,2009,which resolution remains in full force and
effect without modification and does not contravene or conflict with the Bylaws, Articles of
Incorporation,or any contractual undertaking of the corporation.
RESOLVED,that the Amended and Restated Bylaws of Habitat for Humanity of Omaha,
Inc. attached hereto as Exhibit A, incorporating all previously adopted amendments, is
hereby approved.
Dated this 27°1 day of July,2009.
1e - enthal
eeretary of Habitat for Humanity of Omaha,Inc.
I,Steve Lindsay,hereby certify that I am the duly elected,qualified,and acting Chairperson
of the Board of Directors of Habitat for Humanity of Omaha,Inc.,that Jon Blumenthal is the duly
elected,qualified,and acting Secretary of the corporation,and that the signature of Jon Blumenthal,
appearing above his name is the genuine signature of such person.
Stev indsay
Chairperson of Habitat for Humanity of Omaha, Inc.
ion.
I do hereby further certify that since the adoption of said Resolution, it has been neither
revoked nor amended; and,
I do hereby further certify that on November 26, 2007, Steve Lindsay was elected
President, and that on November 27, 2006, Jon Blumenthal was elected Secretary, and that they
have been since that date and are now, respectively, President and Secretary of Habitat for
Humanity of Omaha, Inc.
Witness my hand and the seal of Habitat for Humanity of Omaha, Inc., this 7th day of
December, 2009.
7fetary
poration in which a Director has
a direct or indirect interest. A Director of the corporation has an indirect interest in a transaction if:
(1) Another entity in which the Director has a material interest or in which the Director is
a general partner is a party to the transaction; or
(2) Another entity of which the Director is a director, officer or trustee is a party to the
transaction.
A transaction in which a director has a conflict of interest may be approved In advance by affirmative
vote of a majority of the Board of Directors,or a committee of the Board of Directors,who have no
direct or indirect interest in the transaction if the material facts of the transaction and the Director's
interests are disclosed or known to the Board of Directors or committee of the board and the
Directors approving the transaction in good faith reasonably believe that the transaction is fair to the
corporation, or as otherwise provided by the Act as amended from time to time.
8
the seal (if any) of the corporation, (d) authenticate records of the Corporation, (e)
generally have all powers and perform all duties incident to the office of Secretary,and(f)have such
other powers and perform such other duties as the President or the Board of Directors may assign to
him or her from time to time.
Section 11. Treasurer of the Board.If required by the Board of Directors,the Treasurer of the
Board shall give a bond for the faithful discharge of his or her duties in such amount and with such
sureties as the Board of Directors shall specify.The Treasurer of the Board shall have oversight over
the financial affairs of the corporation,which includes(a)responsibility for all moneys and securities
of the corporation,(b)receiving and giving receipts for moneys due and payable to the corporation
7
{
4
on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
UNITED STATES CITIZENSHIP ATTESTATION FORM FOR PUBLIC BENEFIT
For the purposes of complying with Neb. Rev. Stat. §§ 4-108 through 4-114, I attest as follows:
❑ I am a citizen of the United States.
OR
❑ I am a qualified alien under the Federal Immigration and Nationality Act. My
immigration status and alien number as follows:
, and I agree to provide
a copy of my USCIS (United States Citizenship and Immigration Services)
documentation upon request.
I hereby attest that my response and the information provided on this form and any related
application for public benefits are true, complete and accurate and I understand that this
information may be used to verify my lawful presence in the United States.
PRINT NAME:
(First, Middle, Last)
SIGNATURE:
DATE:
Created and approved 10/26/2009
of Habitat for Humanity of Omaha,Inc.,that Jon Blumenthal is the duly
elected,qualified,and acting Secretary of the corporation,and that the signature of Jon Blumenthal,
appearing above his name is the genuine signature of such person.
Stev indsay
Chairperson of Habitat for Humanity of Omaha, Inc.
ion.
I do hereby further certify that since the adoption of said Resolution, it has been neither
revoked nor amended; and,
I do hereby further certify that on November 26, 2007, Steve Lindsay was elected
President, and that on November 27, 2006, Jon Blumenthal was elected Secretary, and that they
have been since that date and are now, respectively, President and Secretary of Habitat for
Humanity of Omaha, Inc.
Witness my hand and the seal of Habitat for Humanity of Omaha, Inc., this 7th day of
December, 2009.
7fetary
poration in which a Director has
a direct or indirect interest. A Director of the corporation has an indirect interest in a transaction if:
(1) Another entity in which the Director has a material interest or in which the Director is
a general partner is a party to the transaction; or
(2) Another entity of which the Director is a director, officer or trustee is a party to the
transaction.
A transaction in which a director has a conflict of interest may be approved In advance by affirmative
vote of a majority of the Board of Directors,or a committee of the Board of Directors,who have no
direct or indirect interest in the transaction if the material facts of the transaction and the Director's
interests are disclosed or known to the Board of Directors or committee of the board and the
Directors approving the transaction in good faith reasonably believe that the transaction is fair to the
corporation, or as otherwise provided by the Act as amended from time to time.
8
the seal (if any) of the corporation, (d) authenticate records of the Corporation, (e)
generally have all powers and perform all duties incident to the office of Secretary,and(f)have such
other powers and perform such other duties as the President or the Board of Directors may assign to
him or her from time to time.
Section 11. Treasurer of the Board.If required by the Board of Directors,the Treasurer of the
Board shall give a bond for the faithful discharge of his or her duties in such amount and with such
sureties as the Board of Directors shall specify.The Treasurer of the Board shall have oversight over
the financial affairs of the corporation,which includes(a)responsibility for all moneys and securities
of the corporation,(b)receiving and giving receipts for moneys due and payable to the corporation
7
{
4
on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
•
EXHIBIT "B"
ACKNOWLEDGEMENT OF COVENANT
RUNNING WITH LAND
WHEREAS, on , 20 , by Resolution No. , the City Council of the
City of Omaha authorized the execution of an Agreement (hereafter referred to as "the
Agreement") between the City of Omaha, a Municipal Corporation of the Metropolitan class in
the State of Nebraska (hereafter referred to as "the City") and Habitat For Humanity of Omaha,
Inc., a Nebraska Non-profit Corporation, (hereinafter referred to as "Owner") wherein the City
would provide a grant to the Owner in an amount of One Hundred Thousand and no/100 Dollars
($100,000.00) for reimbursement of actual construction cost of the property located at and
improvements thereon, and legally described as:
, (commonly known as ).
NOW, THEREFORE, the Owner, for himself, his successors and assigns, agrees that the
restrictions and covenants contained herein shall be covenants running with the land, and that it,
in any event and without regard to technical classification and designation, legal or otherwise,
shall be binding, to the fullest extent permitted by law and equity, and enforceable by the City of
Omaha, its successors and assigns, against the Owner, his successors and assigns, to any part of
the property that is the subject of this Covenant, or any interest therein and any party in the
possession or occupancy of any part of said property. The Owner, for himself,his successors
and assigns, further covenants and agrees, that without regard to whether the City of Omaha or
the United States is an owner of any interest in the land to which the covenants relate, the
covenants running with the land shall remain in effect for fifteen (15) years after the property is
sold to the initial homebuyer or until such date thereafter to which it may be modified by proper
amendment of this Covenant, on which date such covenants may terminate.
The Owner, for himself, his successors and assigns, further covenants and agrees that this
property shall be maintained as the initial and subsequent homebuyer's principal place of
residence throughout the fifteen (15) year Affordability Period beginning on the date of loan
closing with the initial homebuyer if the property is located within the City's approved
Neighborhood Revitalization Strategy Area (NRSA). If the property is located outside the
NRSA, the initial and subsequent homebuyers must occupy the property as their principal place
of residence and must have annual gross household incomes at or below 50% of the Median
Income by Family Size at the time of purchase of the property throughout the fifteen (15) year
Affordability Period.
Page 1 of 3 Revised and approved 11/30/2009
8
the seal (if any) of the corporation, (d) authenticate records of the Corporation, (e)
generally have all powers and perform all duties incident to the office of Secretary,and(f)have such
other powers and perform such other duties as the President or the Board of Directors may assign to
him or her from time to time.
Section 11. Treasurer of the Board.If required by the Board of Directors,the Treasurer of the
Board shall give a bond for the faithful discharge of his or her duties in such amount and with such
sureties as the Board of Directors shall specify.The Treasurer of the Board shall have oversight over
the financial affairs of the corporation,which includes(a)responsibility for all moneys and securities
of the corporation,(b)receiving and giving receipts for moneys due and payable to the corporation
7
{
4
on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
Acknowledgement of Covenant Running with Land
Habitat for Humanity of Omaha, Inc.,
a Nebraska Non-profit Corporation
Page 2
By:
By:
•
STATE OF NEBRASKA )
) §
COUNTY OF DOUGLAS )
On this day of , 20 , before me, the Undersigned, a Notary Public duly
commissioned and qualified in and for said County, personally came Amanda Brewer, Executive
Director/President of Habitat For Humanity of Omaha, Inc., a Nebraska Non-profit Corporation,
known to be the identical person whose name is affixed to the above and foregoing instrument as
Acknowledgement of Covenants Running With Land, and she has acknowledged the same
instrument and the execution thereof to be her voluntary act and deed for the purpose therein
expressed on behalf of the corporation.
In testimony whereof, I have hereunto set my hand and affixed my Notarial Seal at
Omaha,Nebraska, on the day and date last above written.
Notary Public
My commission expires .
Plnlsf1339-running with land
•
Page 2 of 2 Revised and approved 11/30/2009
w and equity, and enforceable by the City of
Omaha, its successors and assigns, against the Owner, his successors and assigns, to any part of
the property that is the subject of this Covenant, or any interest therein and any party in the
possession or occupancy of any part of said property. The Owner, for himself,his successors
and assigns, further covenants and agrees, that without regard to whether the City of Omaha or
the United States is an owner of any interest in the land to which the covenants relate, the
covenants running with the land shall remain in effect for fifteen (15) years after the property is
sold to the initial homebuyer or until such date thereafter to which it may be modified by proper
amendment of this Covenant, on which date such covenants may terminate.
The Owner, for himself, his successors and assigns, further covenants and agrees that this
property shall be maintained as the initial and subsequent homebuyer's principal place of
residence throughout the fifteen (15) year Affordability Period beginning on the date of loan
closing with the initial homebuyer if the property is located within the City's approved
Neighborhood Revitalization Strategy Area (NRSA). If the property is located outside the
NRSA, the initial and subsequent homebuyers must occupy the property as their principal place
of residence and must have annual gross household incomes at or below 50% of the Median
Income by Family Size at the time of purchase of the property throughout the fifteen (15) year
Affordability Period.
Page 1 of 3 Revised and approved 11/30/2009
8
the seal (if any) of the corporation, (d) authenticate records of the Corporation, (e)
generally have all powers and perform all duties incident to the office of Secretary,and(f)have such
other powers and perform such other duties as the President or the Board of Directors may assign to
him or her from time to time.
Section 11. Treasurer of the Board.If required by the Board of Directors,the Treasurer of the
Board shall give a bond for the faithful discharge of his or her duties in such amount and with such
sureties as the Board of Directors shall specify.The Treasurer of the Board shall have oversight over
the financial affairs of the corporation,which includes(a)responsibility for all moneys and securities
of the corporation,(b)receiving and giving receipts for moneys due and payable to the corporation
7
{
4
on file with the Human Rights&
Relations Department the Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Rights&
Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
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tions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
CITY OF OMAHA - DEFINITION OF INCOME
Annual Income Includes:
1. Wages, salaries, tips, commissions, etc.;
2. Self-employment income from owned non-farm business, including proprietorships and partnerships;
3. Farm self-employment income;
4. Interest, dividends, net rental income, or income from estates or trusts
5. Social security or railroad retirement;
6. Supplemental Security Income, Aid to Families with Dependent Children, or other public assistance or
public welfare programs;
7. Retirement, survivor or disability pensions;
8. Any other sources of income received regularly including Veterans' (VA) payments, unemployment
compensation, child support and alimony; and
9. Income from assets, as shown below:
a. Amounts in savings certificates, money market funds and other investment accounts. •
b. Stocks, bonds, savings certificates, money market funds and other investment accounts.
c. Equity in real property or other capital investments. Equity is the estimated current market value of the
asset less the unpaid balance on all loans secured by the asset and reasonable costs (such as broker
fees) that would be incurred in selling the asset. Do not include equity in principle residence (home
equity).
d. The cash value of trusts that are available to the household.
e. IRA, Keogh and similar retirement savings accounts, even though withdrawal would result in a penalty.
f. Contributions to company retirement/pension funds that can be withdrawn without retiring or
terminating employment.
g. Assets which, although owned by more than one person, allow unrestricted access by the applicant.
h. Lump sum receipts such as inheritances, capital gains, lottery winnings, insurance settlements and
other claims.
i. Personal property held as an investment such as gems,jewelry, coin collections, antique cars, etc.
j. Cash value of life insurance policies.
k. Assets disposed of for less than fair market value during two years preceding certification or re-
certification.
10. Actual income from assets if total assets are $5,000 or less.
11. If assets are more than $5,000, the greater of (a) actual income from assets, or (b) total assets times
passbook rate.
Annual Income Does Not Include the Following Assets:
1. Necessary personal property, except as noted in 9 (i).
2. Interest in Indian trust lands.
3. Assets that are a part of an active business or farming operation. NOTE: Rental properties are
considered personal assets held as an investment rather than business assets unless real estate is the
applicant's/tenant's main occupation.
4. Assets not accessible to the family and which provide no income for the family.
5. Vehicles especially equipped for the handicapped.
6. Equity in owner-occupied cooperatives and manufactured homes in which the family lives.
7. Equity in principle residence (home equity).
•
I (we) acknowledge receipt of a copy of this Definition of Income.
Date Witness Date
Date Witness Date
11E1•
EQUAL HOUSING
OPPORTUNITY
Revised and approved 11/18/2009
EA -A • A -A
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z .A 0.) 0.) N.) - - . o (0 CO CO v 0') (Sia 3 = -CIS 3 .A -.I o -A -.I O .A .I o 0.) CJ10o Nim 5. -, ` iv Cn -co N A v O w o) CJo AA O O 0
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tions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
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ets are $5,000 or less.
11. If assets are more than $5,000, the greater of (a) actual income from assets, or (b) total assets times
passbook rate.
Annual Income Does Not Include the Following Assets:
1. Necessary personal property, except as noted in 9 (i).
2. Interest in Indian trust lands.
3. Assets that are a part of an active business or farming operation. NOTE: Rental properties are
considered personal assets held as an investment rather than business assets unless real estate is the
applicant's/tenant's main occupation.
4. Assets not accessible to the family and which provide no income for the family.
5. Vehicles especially equipped for the handicapped.
6. Equity in owner-occupied cooperatives and manufactured homes in which the family lives.
7. Equity in principle residence (home equity).
•
I (we) acknowledge receipt of a copy of this Definition of Income.
Date Witness Date
Date Witness Date
11E1•
EQUAL HOUSING
OPPORTUNITY
Revised and approved 11/18/2009
EA -A • A -A
a CD a Iv -. -a - -- --a -k -k -A EA EA EA EA EA
z .A 0.) 0.) N.) - - . o (0 CO CO v 0') (Sia 3 = -CIS 3 .A -.I o -A -.I O .A .I o 0.) CJ10o Nim 5. -, ` iv Cn -co N A v O w o) CJo AA O O 0
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tions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
UNITED STATES CITIZENSHIP ATTESTATION FORM FOR PUBLIC BENEFIT
For the purposes of complying with Neb. Rev. Stat. §§ 4-108 through 4-114, I attest as follows:
❑ I am a citizen of the United States.
OR
n I am a qualified alien under the Federal Immigration and Nationality Act. My
immigration status and alien number as follows:
, and I agree to provide
a copy of my USCIS (United States Citizenship and Immigration Services)
documentation upon request.
I hereby attest that my response and the information provided on this form and any related
application for public benefits are true, complete and accurate and I understand that this
information may be used to verify my lawful presence in the United States.
PRINT NAME:
By:
SIGNATURE:
DATE:
Created and approved 10/26/2009
nstruction
577.85
• EXHIBIT D
DEFINITION OF PROGRAM INCOME
"Program income" means gross income received by the Recipient or a Subrecipient directly generated from the uses of
CDBG/HOME/NSP and other federal funds. When such income is generated by an activity that is only partially assisted
with CDBG/HOME/NSP and other federal funds, the income shall be prorated to reflect the percentage of
CDBG/HOME/NSP and other federal funds used.
(1) Program income includes, but is not limited to the following:
(i) Proceeds from the disposition by sale or long term lease of real property purchased or improved with
CDBG/HOME/NSP and other federal funds;
(ii) Proceeds from the disposition of equipment purchased with CDBG/HOME/NSP and other federal funds;
(iii) Gross income from the use or rental of real or personal property acquired by the Recipient or a
Subrecipient with CDBG/HOME/NSP and other federal funds, less the costs incidental to the generation
of such income;
(iv) Gross income from the use or rental of real property owned by the Recipient or a Subrecipient that was
constructed or improved with CDBG/HOME/NSP and other federal funds, less the costs incidental to the
generation of such income;
(v) Payments of principal and interest on loans made using CDBG/HOME/NSP and other federal funds;
(vi) Proceeds from the sale of loans made with CDBG/HOME/NSP and other federal funds;
(vii) Proceeds from the sale of obligations secured by loans made with CDBG/HOME/NSP and other federal
funds;
(viii) Interest earned on funds held in a revolving fund account;
(ix) Interest earned on program income pending disposition of such income; and
(x) Funds collected through special assessments made against properties owned and occupied by households
not of low- and moderate-income, where such assessments are used to recover all or part of the
CDBG/HOME/NSP and other federal portion of a public improvement.
(2) Program income does not include interest earned (except for interest described in §570.513) on cash advances
from the US Treasury. Such interest shall be remitted to HUD for transmittal to the US Treasury and will not be
reallocated under Section 106(c) or (d) of the Act. Examples of other receipts that are not considered program
income are proceeds from fundraising activities carried out by Subrecipients receiving CDBG/HOME/NSP and
other federal assistance; funds collected through special assessments used to recover the non-CDBG/HOME/NSP
and other federal portion of a public improvement; and proceeds from the disposition of real property acquired or
improved with CDBG/HOME/NSP and other federal funds when such disposition occurs after the applicable time
period specified in §570.503(b)(8) for Subrecipient-controlled property or §570.505 for Recipient-controlled
property for CDBG program funds and §92.503 for HOME/NSP program funds.
(3) Any program income generated by NSP funds through March 31, 2013 shall be used to construct housing units
east of 72'd Street affordable to low-, moderate-, and middle-income (LMMI) households. After March 31, 2013,
all program income generated by NSP funds will be limited to eligible CDBG activities, including the benefit to
low- and moderate-income (LMI) (not LMMI) households during the term of this Agreement shall be returned to
the City within thirty(30) days.
Revised and approved 12/3/2009
-CIS 3 .A -.I o -A -.I O .A .I o 0.) CJ10o Nim 5. -, ` iv Cn -co N A v O w o) CJo AA O O 0
(D a) (p Co O O O Cn (Ti C) O O 01 Ui 01 U1 c
o 13 Q- 3 -. o 0 0 0 0 0 0 0 0 0 0 0 0
`o ,� al '
a a 5' 3
N a °
o 5' s
up (Q cD
tions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444-
5055.
`paler Tiny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
v11 v..au1 1 NV. [1.-1 1 V -- ,J1111v1111 1-1u111111UUQU V G 1\GltUllG111ca11J 101 .Ji anis afu tigreements ... rage 1 of .j J
ifxti(bit E
•
•
.,PCs aft. •
}
CIRCULAR A-no •
REVISED 11/19/93 •
As Further Amended 9/30/99 •
TO THE HEADS OF EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS
SUBJECT: Uniform Administrative Requirements for Grants and Agreements
With Institutions of Higher Education, Hospitals, and Other Non-
Profit Organizations •
•
1. Purpose.This Circular sets forth standards for obtaining consistency and uniformity among Federal agencies in
the administration of grants to and agreements with institutions of higher education, hospitals, and other non-profit
organizations.
2.Authority. Circular A-110 is issued under the authority of 31 U.S.C. 503(the Chief Financial Officers Act), 31
U.S.C. 1111, 41 U.S.C.405(the Office of Federal Procurement Policy Act), Reorganization Plan No. 2 of 1970, and
E.O. 11541 ("Prescribing the Duties of the Office of Management and Budget and the Domestic Policy Council in the
Executive Office of the President"). •
3. Policy. Except as provided herein, the standards set forth in this Circular are applicable to all Federal agencies. If
any statute specifically prescribes policies or specific requirements that differ from the standards provided herein,the
provisions of the statute shall govern.
The provisions of the sections of this Circular shall be applied by Federal agencies to recipients. Recipients shall
apply the provisions of this Circular to subrecipients performing substantive work under grants and agreements that
are passed through or awarded by the primary recipient, if such subrecipients are organizations described in
paragraph 1. •
This Circular does not apply to grants, contracts, or other agreements between the Federal Government and units of
State or local governments covered by OMB Circular A-102, "Grants and Cooperative Agreements with State and
Local Governments,"and the Federal agencies'grants management common rule which standardized and codified
the administrative requirements Federal agencies impose on State and local grantees. In addition, subawards and
contracts to State or local governments are not covered by this Circular. However, this Circular applies to subawards
made by State and local governments to organizations covered by this Circular. Federal agencies may apply the
provisions of this Circular to commercial organizations,foreign governments, organizations under the jurisdiction of
foreign governments, and international organizations.
•
' 4. Definitions. Definitions•of key terms used in this Circular are contained in Section .2 in the Attachment.
5. Required Action.The specific requirements and responsibilities of Federal agencies and institutions of higher
education, hospitals, and other non-profit organizations are set forth in this Circular. Federal agencies responsible for
awarding and administering grants to and other agreements with organizations described in paragraph 1 shall adopt
the language in the Circular unless different provisions are required by Federal statute or are approved by OMB.
6. OMB Responsibilities. OMB will review agency regulations and implementation of this Circular, and will provide
interpretations of policy requirements and assistance to insure effective and efficient implementation. Any exceptions
will be subject to approval by OMB,as indicated in Section_:4 in the Attachment. Exceptions will only be made in
particular cases where adequate justification is presented.
7. Information Contact. Further information concerning this Circular may be obtained by contacting the Office of
Federal Financial Management, Office of Management and Budget, Washington, DC 20503, telephone(202) 395-
3993.
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/a l 10.html 8/31/2009
ny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
•
hti+ ;1�a •.;
8.Termination Review Date.This Circular will have a policy review three years from date of issuance.
9. Effective Date.The standards set forth in this Circular which affect Federal agencies will be effective 30 days •
after publication of the final revision in the Federal Register.Those standards which Federal.agencies impose on
grantees will be adopted by agencies in codified regulations within six months after publication in the Federal
Register. Earlier.implementation is encouraged.
Attachment
Grants and Agreements with Institutions of Higher Education,
Hospitals, and Other Non-Profit Organizations
•
SUBPART A-GENERAL
Sec. •
•
-1 Purpose. •
.2 Definitions.
.3 Effect on other issuances.
.4 Deviations.
.5 Subawards.
SUBPART B-PRE-AWARD REQUIREMENTS
.10 Purpose.
_.11 Pre-award policies.
•
_.12 Forms for applying for Federal assistance.
.13 Debarment and suspension.
•
_.14 Special award conditions.
_.15 Metric system of measurement.
.16 Resource Conservation and Recovery Act.
.17 Certifications and representations.
•
•
•
SUBPART C-POST-AWARD REQUIREMENTS
Financial and Program Management
_.20 Purpose of financial and program management.
_.21 Standards for financial management systems.
.22 Payment. •
•
http://www.whitehouse.gov/omb/rewrite/circulars/a110/al10.html • 8/31/2009
ts performing substantive work under grants and agreements that
are passed through or awarded by the primary recipient, if such subrecipients are organizations described in
paragraph 1. •
This Circular does not apply to grants, contracts, or other agreements between the Federal Government and units of
State or local governments covered by OMB Circular A-102, "Grants and Cooperative Agreements with State and
Local Governments,"and the Federal agencies'grants management common rule which standardized and codified
the administrative requirements Federal agencies impose on State and local grantees. In addition, subawards and
contracts to State or local governments are not covered by this Circular. However, this Circular applies to subawards
made by State and local governments to organizations covered by this Circular. Federal agencies may apply the
provisions of this Circular to commercial organizations,foreign governments, organizations under the jurisdiction of
foreign governments, and international organizations.
•
' 4. Definitions. Definitions•of key terms used in this Circular are contained in Section .2 in the Attachment.
5. Required Action.The specific requirements and responsibilities of Federal agencies and institutions of higher
education, hospitals, and other non-profit organizations are set forth in this Circular. Federal agencies responsible for
awarding and administering grants to and other agreements with organizations described in paragraph 1 shall adopt
the language in the Circular unless different provisions are required by Federal statute or are approved by OMB.
6. OMB Responsibilities. OMB will review agency regulations and implementation of this Circular, and will provide
interpretations of policy requirements and assistance to insure effective and efficient implementation. Any exceptions
will be subject to approval by OMB,as indicated in Section_:4 in the Attachment. Exceptions will only be made in
particular cases where adequate justification is presented.
7. Information Contact. Further information concerning this Circular may be obtained by contacting the Office of
Federal Financial Management, Office of Management and Budget, Washington, DC 20503, telephone(202) 395-
3993.
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/a l 10.html 8/31/2009
ny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
•
_.23 Cost sharing or matching.
•
.24 Program income.
•
• _.25 Revision of budget and program plans.
.26 Non-Federal audits.
.27 Allowable costs.
.28 Period of availability of funds.
.29 Conditional exemptions. •
Property Standards •
.30 Purpose of property standards.
.31 Insurance coverage.
.32 Real property. •
_.33 Federally-owned and exempt property.
_.34 Equipment.
•
_.35 Supplies and other expendable property.
.36 Intangible property.
•
.37 Property trust relationship.
•
Procurement Standards
• _.40 Purpose of procurement standards.
_.41 Recipient responsibilities.
•
.42 Codes of conduct.
_.43 Competition.
• .44 Procurement procedures.
.45 Cost and price analysis.
.46 Procurement records.
.47 Contract administration.
.48 Contract provisions.
Reports and Records
.50 Purpose of•reports and records.
http.://www.whitehouse.goviomb/rewrite/ciroulars/a 1 10/a l 1 0.html 8/31/2009
.16 Resource Conservation and Recovery Act.
.17 Certifications and representations.
•
•
•
SUBPART C-POST-AWARD REQUIREMENTS
Financial and Program Management
_.20 Purpose of financial and program management.
_.21 Standards for financial management systems.
.22 Payment. •
•
http://www.whitehouse.gov/omb/rewrite/circulars/a110/al10.html • 8/31/2009
ts performing substantive work under grants and agreements that
are passed through or awarded by the primary recipient, if such subrecipients are organizations described in
paragraph 1. •
This Circular does not apply to grants, contracts, or other agreements between the Federal Government and units of
State or local governments covered by OMB Circular A-102, "Grants and Cooperative Agreements with State and
Local Governments,"and the Federal agencies'grants management common rule which standardized and codified
the administrative requirements Federal agencies impose on State and local grantees. In addition, subawards and
contracts to State or local governments are not covered by this Circular. However, this Circular applies to subawards
made by State and local governments to organizations covered by this Circular. Federal agencies may apply the
provisions of this Circular to commercial organizations,foreign governments, organizations under the jurisdiction of
foreign governments, and international organizations.
•
' 4. Definitions. Definitions•of key terms used in this Circular are contained in Section .2 in the Attachment.
5. Required Action.The specific requirements and responsibilities of Federal agencies and institutions of higher
education, hospitals, and other non-profit organizations are set forth in this Circular. Federal agencies responsible for
awarding and administering grants to and other agreements with organizations described in paragraph 1 shall adopt
the language in the Circular unless different provisions are required by Federal statute or are approved by OMB.
6. OMB Responsibilities. OMB will review agency regulations and implementation of this Circular, and will provide
interpretations of policy requirements and assistance to insure effective and efficient implementation. Any exceptions
will be subject to approval by OMB,as indicated in Section_:4 in the Attachment. Exceptions will only be made in
particular cases where adequate justification is presented.
7. Information Contact. Further information concerning this Circular may be obtained by contacting the Office of
Federal Financial Management, Office of Management and Budget, Washington, DC 20503, telephone(202) 395-
3993.
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/a l 10.html 8/31/2009
ny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
_.51 Monitoring and reporting program performance.
_,52 Financial reporting.
_.53 Retention and access requirements for records.
Termination and Enforcement
_.60 Purpose of termination and enforcement.
•
.61 Termination. •
. .62 Enforcement.
SUBPART D-AFTER-THE-AWARD REQUIREMENTS •
•
_.70 Purpose.
_.71 Closeout procedures.
_.72 Subsequent adjustments and continuing responsibilities. •
.73 Collection of amounts due.
APPENDIX A - CONTRACT PROVISIONS
SUBPART A-General
_.1 Purpose.This Circular establishes uniform administrative requirements for Federal grants and agreements
awarded to institutions of higher education, hospitals, and other non-profit organizations. Federal awarding agencies
shall not impose additional or inconsistent requirements, except as provided in Sections_4, and_.14 or unless
specifically required by Federal statute or executive order. Non-profit organizations that implement Federal programs
for the States are also subject to State requirements.
• .2 Definitions. •
(a)Accrued expenditures means the charges incurred by the recipient during a given period requiring the provision
• of funds for: (1)goods and other tangible property received; (2) services performed by employees, contractors,
subrecipients, and other payees; and, (3) other amounts becoming owed under programs for which no current
services or performance is required.
(b)Accrued income means the sum of: (1) earnings during a given period from (i) services performed by the
recipient, and (ii)goods and other tangible property delivered to purchasers, and (2) amounts becoming owed to the
recipient for which no current services or performance is required by the recipient.
•
•
(c)Acquisition cost of equipment means the net invoice price of the equipment, including the cost of
modifications, attachments, accessories, or auxiliary apparatus necessary to make the property usable for the
purpose for which it was acquired. Other charges, such as the cost of installation, transportation,taxes, duty or
protective in-transit insurance, shall be included or excluded from the unit acquisition cost in accordance with the .
recipient's regular accounting practices. •
(d)Advance means a payment made by Treasury check or other appropriate payment mechanism to a recipient
upon its request either before outlays are made by the recipient or through the use of predetermined payment
schedules.
•
(e)Award means financial assistance that provides support or stimulation to accomplish a public purpose.Awards .
include grants and other agreements in the form of money or property in lieu of money, by the Federal Government
to an eligible recipient. The term does not include: technical assistance,which provides service's instead of money;
other assistance in the form of loans, loan guarantees, interest subsidies, or insurance; direct payments of any kind
http://www.whitehouse.gov/omb/rewrite/circulars/a110/al10.htm1 8/31/2009
the language in the Circular unless different provisions are required by Federal statute or are approved by OMB.
6. OMB Responsibilities. OMB will review agency regulations and implementation of this Circular, and will provide
interpretations of policy requirements and assistance to insure effective and efficient implementation. Any exceptions
will be subject to approval by OMB,as indicated in Section_:4 in the Attachment. Exceptions will only be made in
particular cases where adequate justification is presented.
7. Information Contact. Further information concerning this Circular may be obtained by contacting the Office of
Federal Financial Management, Office of Management and Budget, Washington, DC 20503, telephone(202) 395-
3993.
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/a l 10.html 8/31/2009
ny qugstions jegarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or es shown on bid,
(PLEASE PRINT LEGIBLY OR TYPE)
Payment Terms % 3O Firm: l YtR � -t-� � � v\G. [Incorporated In: 'to p 4
Deft (or completion) Name: 12.vp r bo.Wceow d Signature: c.. 14- 1
calendar days following award Title: Pm.%. Phone: 5\1 -t q V% 'Fax S9 T I' 7 3
Address: %
Street/P.O.Box City pvv► State VA— Zip lam$I t9
Email Address: r e `terS6 Pt At,.CO VA
Address:7/ b."-s#,,C•d lie 4.0/7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
vu vwawa A. v. 1 a a J. V 1u1V a111 t 1uta1L 11J tl tALt YL. 1♦VLi Ull V111V11 LJ 1V1 V1LI,i1LJ (111U IZ61 L+V111V111.0 ...
to individuals; and, contracts which are required to be entered into and administered under procurement laws and
regulations.
(f) Cash contributions means the recipient's cash outlay, including the outlay of money contributed to the recipient
by third parties.
•
(g) Closeout means the process by which a Federal awarding agency determines that all applicable administrative
actions and all required work of the award have been completed by the recipient and Federal awarding agency. •
(h) Contract means a procurement contract under an award or subaward,and a procurement subcontract under a
recipient's or subrecipient's contract.
•
(i)Cost sharing or matching means.that portion of project or program costs not borne by the Federal Government.
(j) Date of completion means the date on which all work under an award is completed or the date on the award
document, or any supplement or amendment thereto, on which Federal sponsorship ends.
(k) Disallowed costs means those charges to an award that the Federal awarding agency determines to be
unallowable, in accordance with the applicable Federal cost principles or other terms and conditions contained in the
award.
(I) Equipment means tangible nonexpendable personal property including exempt property charged directly to the
award having a useful life of more than one year and an acquisition cost of$5000 or more per unit. However,
• consistent with recipient policy, lower limits may be established.
•(m) Excess property means property under the control of any Federal awarding agency that, as determined by the
head thereof,is no longer required for its needs or the discharge of its responsibilities.
(n) Exempt property means tangible personal property acquired in whole or in part with Federal funds,where the
Federal awarding agency has statutory authority to vest title in the recipient without further obligation to the Federal
Government.An example of exempt property authority is contained in the Federal Grant and Cooperative Agreement
Act (31 U.S.C. 6306),for property acquired under an award to conduct basic or applied research by a non-profit
institution of higher education or non-profit organization whose principal purpose is conducting scientific research.
(o) Federal awarding agency means the Federal agency that provides an award to the recipient.
(p) Federal funds authorized means the total amount of Federal funds obligated by the Federal Government for
use by the recipient.This amount may include any authorized carryover of unobligated funds from prior funding
periods when permitted by agency regulations or agency implementing instructions.
(q) Federal share of real property, equipment, or supplies means that percentage of the property's acquisition costs
and any improvement expenditures paid with Federal funds.
(r) Funding period means the period of time when Federal funding is available for obligation by the recipient.
•
(s) Intangible property and debt instruments means, but is not limited to,trademarks, copyrights, patents and
• patent applications and such property as loans, notes and other debt instruments, lease agreements, stock and other
instruments of property ownership,whether considered tangible or intangible.
(t)Obligations.means the amounts of orders placed,contracts and grants awarded, services received and similar
transactions during a given period that require payment by the recipient during the same or a future period.
(u) Outlays or expenditures means charges made to the project or program. They may be reported on a cash or
accrual basis. For reports prepared on a cash basis, outlays are the sum of cash disbursements for direct charges
for goods and services,the amount of indirect expense charged,the value of third party in-kind contributions applied
and the amount of cash advances and payments made to subrecipients. For reports prepared on an accrual basis,
outlays are the sum of cash disbursements for direct charges for goods and services,the amount of indirect expense
incurred, the value of in-kind contributions applied, and the net increase (or decrease) in the amounts owed by the
recipient for goods and other property received,for services performed by employees,contractors, subrecipients and
other payees and other amounts becoming owed under programs for which no current services or performance are
renuired.
•
http://www.whitehouse.gov/omb/rewrite/circulars/a110/al 10.html 8/31/2009
7
Street/P.O.Box City State Zip
Email Address: ;tlrN g Is& ,DetAC. KYNM / •tt?Vr^--
Address: 4 ZZ( 6 • Are_-& 68 t Z
Street/P.O.Box Ci State Zip
Email Address: ma a r C P3 2u—
erations In Connection With Railroads"ISO Form CA 20 70 10 01 (or a
substitute form providing equivalent coverage)for the job site.
•
Contractor's ROE(Generic)-ExB Page 3 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
a nondelegable duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
(v) Personal property means property of any kind except real property. It may be tangible, having physical
existence, or intangible, having no physical existence, such as copyrights,patents, or securities.
•
(w) Prior approval means written approval by an authorized official evidencing prior consent. •
(x) Program income means gross income earned by the recipient that is directly generated by a supported activity
or earned as a result of the award (see exclusions in paragraphs_.24 (e) and (h)). Program income includes, but
is not limited to, income from fees for services performed, the use or rental of real or personal property acquired
under federally-funded projects,the sale of commodities or items fabricated under an award, license fees and •
royalties on patents and copyrights, and interest on loans made with award funds. Interest earned on advances of
Federal funds is not program income. Except as otherwise provided in Federal awarding agency regulations or the
terms and conditions of the award, program income does not include the receipt of principal on loans, rebates,
credits, discounts, etc., or interest earned on any of them.
•
(y) Project costs means all allowable costs, as set forth in the applicable Federal cost principles, incurred by a
recipient and the value of the contributions made by third parties in accomplishing the objectives of the award during
the project period.
(z) Project period means the period established in the award document during which Federal sponsorship begins
and ends.
(aa) Property means, unless otherwise stated, real property, equipment, intangible property and debt instruments.
(bb) Real property means land, including land improvements, structures and appurtenances thereto, but excludes
movable machinery and equipment.
•
(cc) Recipient means an organization receiving financial assistance directly from Federal awarding agencies to carry
out a project or program.The term includes public and private institutions of higher education, public and private
hospitals, and other quasi-public and private non-profit organizations such as, but not limited to, community action
agencies, research institutes, educational associations, and health centers. The term may include commercial
organizations,foreign or international organizations(such as agencies of the United Nations)which are recipients,
subrecipients, or contractors or subcontractors of recipients or subrecipients at the discretion of the Federal awarding
agency.•The term does not include government-owned contractor-operated facilities or research centers providing
continued support for mission-oriented, large-scale programs that are government-owned or controlled, or are
designated as federally-funded research and development centers.
(dd) Research and development means all research activities, both basic and applied, and all development
activities that are supported at universities, colleges, and other non-profit institutions. "Research" is defined as.a
systematic study directed toward fuller scientific knowledge or understanding of the subject studied. "Development"
is the systematic use of knowledge and understanding gained from research directed toward the production of useful
•materials,devices, systems, or methods, including design and development of prototypes and processes.The term
research also includes activities involving the training of individuals in research techniques where such activities
utilize the same facilities as other research and development activities and where such activities are not included in
the instruction function.
(ee) Small awards means a grant or cooperative agreement not exceeding the small purchase threshold fixed at 41
U.S.C. 403(11)(currently$25,000).
•
(ff) Subaward means an award of financial assistance in the form of money,or property in lieu of money, made
under an award by a recipient to an eligible subrecipient or by a subrecipient to a tower tier subrecipient.The term
includes financial assistance when provided by any legal agreement, even if the agreement is called a contract, but
does•not include procurement of goods and services nor does it include any form of assistance which is excluded
from the definition of"award" in paragraph (e).
(gg) Subrecipient means the legal entity to which a subaward is made and which is accountable to the recipient for
the use of the funds provided. The term may include foreign or international organizations (such as agencies:of the
United Nations)at the discretion of the Federal awarding agency.
•
(hh) Supplies means all personal property excluding equipment, intangible property, and debt instruments as
. defined in this section, and inventions of a contractor conceived or first actually reduced to practice in the
performance of work under a funding agreement("subject inventions"), as defined in 37 CFR part 401, "Rights to
Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and
http://www.whitehouse.gov/omb/rewrite/circulars/al 10/al 10.html . 8/31/2009
duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
(ii) Suspension means an action by a Federal awarding agency that temporarily withdraws Federal sponsorship
under an award, pending corrective action by the recipient or pending a decision to terminate the award by the
Federal awarding agency..Suspension of an award is a separate action from suspension under Federal agency
regulations implementing E.O.s 12549 and 12689, "Debarment and Suspension."
(jj)Termination means the cancellation of Federal sponsorship, in whole or in part, under an agreement at any time
prior to the date of completion.
(kk) Third party in-kind contributions means the value of non-cash contributions provided by non-Federal third
parties.Third party in-kind contributions may be in the form of real property, equipment, supplies and other •
expendable property, and the value of goods and services directly benefiting and specifically identifiable to the
project or program.
(II) Unliquidated obligations,for financial reports prepared on a cash basis, means the amount of obligations
incurred by the recipient that have not been paid. For reports prepared on an accrued expenditure basis,they
represent the amount of obligations incurred by the recipient for which an outlay has not been recorded.
(mm)Unobligated balance means the portion of the funds authorized by the Federal awarding agency that has not
been obligated by the recipient and is determined by deducting the cumulative obligations from the cumulative funds
authorized. •
(nn) Unrecovered indirect cost means the difference between the amount awarded and the amount which could
have been awarded under the recipient's approved negotiated indirect cost rate.
•
(oo)Working capital advance means a procedure where by funds are advanced to the recipient to cover its
estimated disbursement needs for a given initial period.
.3 Effect on other issuances. For awards subject to this Circular, all administrative requirements of codified
program regulations, program manuals, handbooks and other nonregulatory materials which are inconsistent with
the requirements of this Circular shall be superseded, except to the extent they are required by statute, or authorized
in accordance with the deviations provision in Section_.4.
.4 Deviations.The Office of Management and Budget(OMB) may grant exceptions for classes of grants or
recipients subject to the requirements of this Circular when exceptions are not prohibited by statute. However, in the
interest of maximum uniformity,exceptions from the requirements of this Circular shall be permitted only in unusual
circumstances. Federal awarding agencies may apply more restrictive requirements to a class of recipients when
approved by OMB. Federal awarding agencies may apply less restrictive requirements when awarding small awards,
except for those requirements which are statutory. Exceptions on a case-by-case basis may also be made by
Federal awarding agencies.
.5 Subawards. Unless sections of this Circular specifically exclude subrecipients from coverage, the provisions of
this Circular shall be applied to subrecipients performing work under awards if such subrecipients are institutions of
higher education, hospitals or other non-profit organizations. State and local government subrecipients are subject to
the provisions of regulations implementing the grants management common rule,"Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments,"published at 53 FR 8034
(3/11/88).
SUBPART B -Pre-Award Requirements
_.10 Purpose. Sections_.11 through_.17 prescribes forms and instructions and other pre-award matters to
be used in applying for Federal awards.
•
.11 Pre-award policies.
(a) Use of Grants and Cooperative Agreements, and Contracts. In each instance, the Federal awarding agency shall
decide on the appropriate award instrument (i.e., grant, cooperative agreement, or contract). The Federal Grant and
Cooperative Agreement Act(31 U.S.C:6301-08)governs the use of grants, cooperative agreements and contracts.
A grant or cooperative agreement shall be used only when the principal purpose of a transaction is to accomplish a
public purpose of support or stimulation authorized by Federal statute.The statutory criterion for choosing between
grants and cooperative agreements is that for the latter, "substantial involvement is expected between the executive
•
agency and the State, local government, or other recipient when carrying out the activity contemplated in the
agreement."Contracts shall be used when the principal purpose is acquisition of property or services for the direct
http://www.whitehouse.gov/omb/rewrite/circul ars/a 110/a l 10.html 8/31/2009
debt instruments as
. defined in this section, and inventions of a contractor conceived or first actually reduced to practice in the
performance of work under a funding agreement("subject inventions"), as defined in 37 CFR part 401, "Rights to
Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and
http://www.whitehouse.gov/omb/rewrite/circulars/al 10/al 10.html . 8/31/2009
duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
benefit or use of the Federal Government.
•
•
• (b) Public Notice and Priority Setting. Federal awarding agencies shall notify the public of its intended funding
priorities for discretionary grant programs, unless funding priorities are established by Federal statute.
•
.12 Forms for applying for Federal assistance.
(a) Federal awarding agencies shall comply with the applicable report clearance requirements of 5 CFR part.1320,
"Controlling Paperwork Burdens on the Public,"with regard to all forms used by the Federal awarding agency in
place of or as a supplement to the Standard Form 424 (SF-424) series.
(b)Applicants shall use the SF-424 series or those forms and instructions prescribed by the Federal awarding
agency.
(c) For Federal programs covered by E.O. 12372, "Intergovernmental Review of Federal Programs,"the applicant
shall complete the appropriate sections of the SF-424 (Application for Federal Assistance) indicating whether the
application was subject to review by the State Single Point of Contact(SPOC). The name and address of the SPOC
for a particular State can be obtained from the Federal awarding agency or the Catalog of Federal Domestic
Assistance.The SPOC shall advise the applicant whether the program for which application is made has been •
selected by that State for review.
(d) Federal awarding agencies that do not use the SF-424 form should indicate whether the application is subject to
review by the State under E.O. 12372. •
•
_.13 Debarment and suspension. Federal awarding agencies and recipients shall comply with the nonprocurement
debarment and suspension common rule implementing E.O.s 12549 and 12689, "Debarment and Suspension."This . •
common rule restricts subawards and contracts with certain parties that are debarred, suspended or otherwise
excluded from or ineligible for participation in Federal assistance programs or activities.
•
•
_.14 Special award conditions. If an applicant or recipient: (a) has a history of poor performance, (b) is not
financially stable, (c) has a management system that does not meet the standards prescribed in this Circular, (d)has
'not conformed to the terms and conditions of a previous award, or(e) is not otherwise responsible, Federal awarding
agencies may impose additional requirements as needed, provided that such applicant or recipient is notified in
writing as to: the nature of the additional requirements,the reason why the additional requirements are being
imposed, the nature of the corrective action needed, the time allowed for completing the corrective actions, and the
method for requesting reconsideration of the additional requirements imposed.Any special conditions shall be
promptly removed once the conditions that prompted them have been corrected.
_.15 Metric system of measurement.The Metric Conversion Act, as amended by the Omnibus Trade and
Competitiveness Act (15 U.S.C. 205)declares that the metric system is the preferred measurement system for U.S.
trade and commerce.The Act requires each Federal agency to establish a date or dates in consultation with the
• •Secretary of Commerce,when the metric system of measurement will be used in.the agency's procurements, grants,
and other business-related activities. Metric implementation may take longer where the use of the system is initially
impractical or likely to cause significant inefficiencies in the accomplishment of federally-funded activities.Federal
awarding agencies shall follow the provisions of E.O. 12770, "Metric Usage in Federal Government Programs."
.16 Resource Conservation and Recovery Act (RCRA) (Pub. L. 94-580 codified at 42 U.S.C. 6962). Under the
Act, any State agency or agency of a political subdivision of a State which is using appropriated Federal funds must
comply with Section 6002. Section 6002 requires that preference be given in procurement programs to the purchase
of specific products containing recycled materials identified in guidelines developed by the Environmental Protection
Agency (EPA) (40 CFR parts 247-254). Accordingly, State and local institutions of higher education, hospital's, and
non-profit organizations that receive direct Federal awards or other Federal funds shall give preference in their
procurement programs funded with Federal funds to the purchase of recycled products pursuant to the.EPA
guidelines.
_.17 Certifications and representations. Unless prohibited by statute or codified regulation, each Federal awarding
agency is authorized and encouraged to allow recipients to submit certifications and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
•
SUBPART C -Post-Award Requirements
http://www.whitehouse.gov/omb/rewrite/circulars/al 10/a l 10.html • 8/31/2009
10/al 10.html . 8/31/2009
duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
L.11Nl.t1Ul 1\V. [1'11V V11a1vlia. a .%..S S a".'% .+ . a���»���.-.--�•-+ �-^��_- _-__-. _ -O__
•
Financial and Program Management
•
20•Purpose of financial and program management. Sections_.21 through_.28 prescribe standards for
financial management systems, methods for making payments and rules for: satisfying cost sharing and matching
requirements, accounting for program income, budget revision approvals, making audits, determining allowability of
cost, and establishing fund availability.
.21 Standards for financial management systems.
(a) Federal awarding agencies shall require recipients to relate financial data to performance data and develop unit •
cost information whenever practical. . .
• (b) Recipients'financial management systems shall provide for the following.
(1)Accurate, current and complete disclosure of the financial results of each federally-sponsored project or
program in accordance with the reporting requirements set forth in Section_.52. If a Federal awarding
agency requires reporting on an accrual basis from a recipient that maintains its records on other than an
accrual basis,the recipient shall not be required to establish an accrual accounting system.These recipients
may develop such accrual data for its reports on the basis of an analysis of the documentation on hand.
•
(2) Records that identify adequately the source and application of funds for federally-sponsored activities.
These records shall contain information pertaining to Federal awards, authorizations, obligations, unobligated
balances, assets, outlays, income and interest.
(3) Effective control over and accountability for all funds, property and other assets. Recipients shall
adequately safeguard all such assets and assure they are used solely for authorized purposes.
(4) Comparison of outlays with budget amounts for each award. Whenever appropriate, financial information
should be related to performance and unit cost data.
(5) Written procedures to minimize the time elapsing between the transfer of funds to the recipient from the
• U.S.Treasury and the issuance or redemption of checks,warrants or payments by other means for program
purposes by the recipient. To the extent that the provisions of the Cash Management Improvement Act
(CMIA) (Pub. L. 101-453) govern, payment methods of State agencies, instrumentalities, and fiscal agents
shall be consistent with CMIA Treasury-State Agreements or the CMIA default procedures codified at 31 CFR
part 205, "Withdrawal of Cash from the Treasury for Advances under Federal Grant and Other Programs."
(6)Written procedures for determining the reasonableness, allocability and allowability of costs in accordance
with the.provisions of the applicable Federal cost principles and the terms and conditions of the award.
(7) Accounting records including cost accounting records that are supported by source documentation.
Federal Government guarantees or insures the repayment of money borrowed by the recipient,the
(c)Where the
Federal awarding agency, at its discretion, may require adequate bonding and insurance if the bonding and
insurance requirements of the recipient are not deemed adequate to protect the interest of the Federal Government.
(d)The Federal awarding agency may require adequate fidelity bond coverage where the recipient lacks sufficient
coverage to protect the Federal Government's interest.
•
. (e)Where bonds are required in the situations described above, the bonds shall be obtained from companies holding
certificates of authority as acceptable sureties, as prescribed in 31 CFR part 223, "Surety Companies Doing
Business with the United States."
_.22 Payment.
•
(a) Payment methods shall minimize the time elapsing between.the transfer of funds from the United States Treasury
.and the issuance or redemption of checks,warrants,or payment by other means by the recipients. Payment
methods of State agencies or instrumentalities shall be consistent with Treasury-State CMIA agreements or default
procedures codified at 31 CFR part 205.
•
http://wwvv.whitehouse.gov/omb/rewrite/circulars/al 10/al 10.html 8/3 1/2009
ct Federal awards or other Federal funds shall give preference in their
procurement programs funded with Federal funds to the purchase of recycled products pursuant to the.EPA
guidelines.
_.17 Certifications and representations. Unless prohibited by statute or codified regulation, each Federal awarding
agency is authorized and encouraged to allow recipients to submit certifications and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
•
SUBPART C -Post-Award Requirements
http://www.whitehouse.gov/omb/rewrite/circulars/al 10/a l 10.html • 8/31/2009
10/al 10.html . 8/31/2009
duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
•
(b) Recipients are to be paid in advance, provided they maintain or demonstrate the willingness to maintain: (1)
written procedures that minimize the time elapsing between the transfer of.funds and disbursement by the recipient,
and(2)financial management systems that meet the standards for fund control and accountability as established in
Section_.21. Cash advances to a recipient organization shall be limited to the minimum amounts needed and be
timed to be in accordance with the actual, immediate cash requirements of the recipient organization in carrying out
the purpose of the approved program or project. The timing and amount of.cash advances shall be as close as is
administratively feasible to the actual disbursements by the recipient organization for direct program or project costs
and the proportionate share of any allowable indirect costs.
•
•
(c) Whenever possible, advances shall be consolidated to cover anticipated cash needs for all awards made by the
Federal awarding agency to the recipient.
(1)Advance payment mechanisms include, but are not limited to,Treasury check and electronic funds
• transfer.
•
(2)Advance payment mechanisms are subject to 31 CFR part 205. •
(3) Recipients shall be authorized to submit requests for advances and reimbursements at least monthly
when electronic fund transfers are not used.
(d) Requests for Treasury check advance payment shall be submitted on SF-270, "Request for Advance or
Reimbursement,"or other forms as may be authorized by OMB. This form is not to be used when Treasury check
advance payments are made to the recipient automatically through the use of a predetermined payment schedule or
if precluded by special Federal awarding agency instructions for electronic funds transfer.
(e) Reimbursement is the preferred method when the requirements in paragraph (b)cannot be met. Federal
awarding agencies may also use this method on any construction agreement, or if the major portion of the
construction project is accomplished through private market financing or Federal loans, and the Federal assistance
constitutes a minor portion of the project. .
(1) When the reimbursement method is used, the Federal awarding agency shall make payment within 30
days after receipt of the billing, unless the billing is improper.
(2) Recipients shall be authorized to submit request for reimbursement at least monthly when electronic
•
funds transfers are not used.
(f) If a recipient cannot meet the criteria for advance payments and the Federal awarding agency has determined
that reimbursement is not feasible because the recipient lacks sufficient working capital, the Federal awarding
agency may provide cash on a working capital advance basis. Under this procedure,the Federal awarding agency
shall advance cash to the recipient to cover its estimated disbursement needs for an initial period generally geared to
the awardee's disbursing cycle. Thereafter,the Federal awarding agency shall reimburse the recipient for its actual
cash disbursements.The working capital advance method of payment shall not be used for recipients unwilling or
unable to provide timely advances to their subrecipient to meet the subrecipient's actual cash disbursements.
(g)To the'extent available, recipients shall disburse funds available from repayments to and interest earned on a
revolving fund, program income, rebates, refunds, contract settlements, audit recoveries and interest earned•on such
funds before requesting additional cash payments.
(h) Unless otherwise required by statute, Federal awarding agencies shall not withhold payments for proper charges
made by recipients at any time during the project period unless (1)or(2) apply.
(1)A recipient has failed to comply with the project objectives, the terms and conditions of the award, or
Federal reporting requirements.
•
(2) The recipient or subrecipient is delinquent in a debt to the United States as defined in OMB Circular A-
129, "Managing Federal Credit Programs." Under such conditions, the Federal awarding agency may, upon
reasonable notice, inform the recipient that payments shall not be made for obligations incurred after a
specified date until the conditions are corrected or the indebtedness to the Federal Government is liquidated.
(i)Standards governing the use of banks and other institutions as depositories of funds advanced under awards are
as follows.
•
http://www:whitehouse.gov/omb/rewrite/circulars/a 110/a l 1 0.html 8/31/2009
raged to allow recipients to submit certifications and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
•
SUBPART C -Post-Award Requirements
http://www.whitehouse.gov/omb/rewrite/circulars/al 10/a l 10.html • 8/31/2009
10/al 10.html . 8/31/2009
duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
(-ismar IN0. .v-1 iu -- unnorm Pkaministrauve xequirements for rants ana greemen... rage
(1) Except for situations described in paragraph (i)(2), Federal awarding agencies shall not require separate
depository accounts for funds provided to a recipient or establish any eligibility requirements for depositories
for funds provided to a recipient. However, recipients must be able to account for the receipt, obligation and
expenditure of funds.
•
(2)Advances of Federal funds shall be deposited and maintained in insured accounts whenever possible.
(j) Consistent with the national goal of expanding the opportunities for women-owned and minority-owned business
enterprises, recipients shall be encouraged to use women-owned and minority-owned banks (a bank which is
owned at least 50 percent by women or minority group members).
(k) Recipients shall maintain advances of Federal funds in interest bearing accounts, unless (1), (2) or(3)apply.
• (1)The recipient receives less than $120,000 in Federal awards per year.
(2)The best reasonably available interest bearing account would not be expected to earn interest in excess
of$250 per year on Federal cash balances.
(3)The depository would require an average or minimum balance so high that it would not be feasible within
the expected Federal and non-Federal cash resources.
(I) For those entities where CMIA and its implementing regulations do not apply, interest earned on Federal
advances deposited in interest bearing accounts shall be remitted annually to Department of Health and Human
Services, Payment Management System, Rockville, MD 20852. Interest amounts up to$250 per year may be
retained by the recipient for administrative expense. State universities and hospitals shall comply with CMIA, as it
pertains to interest. If an entity subject to CMIA uses its own funds to pay pre-award costs for discretionary awards
without prior written approval from the Federal awarding agency, it waives its right to recover the interest under •
CMIA. •
(m) Except as noted elsewhere in this Circular, only the following forms shall be authorized for the recipients in
requesting advances and reimbursements. Federal agencies shall not require more than an original and two copies.
of these forms.
•
(1) SF-270, Request for Advance or Reimbursement. Each Federal awarding agency shall adopt the SF-270
as a standard form for all nonconstruction programs when electronic funds transfer or predetermined
advance methods are not used. Federal awarding agencies, however, have the option of using this form for
construction programs in lieu of the SF-271, "Outlay Report and Request for Reimbursement for Construction
Programs." •
•
(2) SF-271, Outlay Report and Request for Reimbursement for Construction Programs. Each Federal
awarding agency shall adopt the SF-271 'as the standard form to be used for requesting reimbursement for •
construction programs: However, a Federal awarding agency may substitute the SF-270 when the Federal
awarding agency determines that it provides adequate information to meet Federal needs.
.23 Cost sharing or matching. •
(a)All contributions, including cash and third party in-kind, shall be accepted as part of the recipient's cost sharing or
matching when such contributions meet all of the following criteria.
(1)Are verifiable from the recipient's records.
•
•
(2)Are not included as contributions for any other federally-assisted project or program.
•
(3)Are necessary and reasonable for proper and efficient accomplishment of project or program objectives.
•
http://www.whitehouse.gov/omb/rewrite/circulars/al 1 0/a l 1 0.html 8/31/2009
failed to comply with the project objectives, the terms and conditions of the award, or
Federal reporting requirements.
•
(2) The recipient or subrecipient is delinquent in a debt to the United States as defined in OMB Circular A-
129, "Managing Federal Credit Programs." Under such conditions, the Federal awarding agency may, upon
reasonable notice, inform the recipient that payments shall not be made for obligations incurred after a
specified date until the conditions are corrected or the indebtedness to the Federal Government is liquidated.
(i)Standards governing the use of banks and other institutions as depositories of funds advanced under awards are
as follows.
•
http://www:whitehouse.gov/omb/rewrite/circulars/a 110/a l 1 0.html 8/31/2009
raged to allow recipients to submit certifications and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
•
SUBPART C -Post-Award Requirements
http://www.whitehouse.gov/omb/rewrite/circulars/al 10/a l 10.html • 8/31/2009
10/al 10.html . 8/31/2009
duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
(4)Are allowable under the applicable cost principles.
•
(5)Are not paid by the Federal Government under another award, except where authorized by Federal
statute to be used for cost sharing or matching.
•
•
(6)Are provided for in the approved budget when required by the Federal awarding agency.
•
•
(7)Conform to other provisions of this Circular, as applicable.
(b) Unrecovered indirect costs may be included as part of cost sharing or matching only with the prior approval of the
Federal awarding agency.
. j
(c)Values for recipient contributions of services and property shall be established in accordance with the applicable
cost principles:If a'Federal awarding agency authorizes recipients to donate buildings or land for
construction/facilities acquisition projects or long-term use,the value of the donated property for cost sharing:or
matching shall be the lesser of(1)or(2).
(1)The certified value of the remaining life of the property recorded in the recipient's accounting records at
the time of donation.
•
•
(2)The current fair market value. However,when there is sufficient justification, the Federal awarding agency
may approve the use of the current fair market value of the donated property, even if it exceeds the certified
value at the time of donation to the project.
•
(d)Volunteer services furnished by professional and technical personnel,consultants, and other skilled and unskilled
labor may be counted as cost sharing or matching if the service is an integral and necessary part of an approved
project or program. Rates for volunteer services shall be consistent with those paid for similar work in the recipient's
organization, In those instances in which the required skills are not found in the recipient organization, rates shall be
consistent with those paid for similar work in the labor market in which the recipient competes for the kind of services
involved.in either case, paid fringe benefits that are reasonable, allowable, and allocable may be included in the
valuation.
(e)When an employer other than the recipient furnishes the services of an employee,these services shall be valued
at the employee's regular rate of pay(plus an amount of fringe benefits that are reasonable, allowable, and allocable,
but.exclusive of overhead costs), provided these services are in the same skill for which the employee is normally
paid.
•
(f) Donated supplies may include such items as expendable equipment, office supplies, laboratory supplies or
workshop and classroom supplies. Value assessed to donated supplies included in the cost sharing or matching
share shall be reasonable and shall not exceed the fair market value of the property at the time of the donation.
http://www.whitehouse.gov/ombh-ewrite/circulars/al 10/all 0.html . 8/31/2009
s. Each Federal
awarding agency shall adopt the SF-271 'as the standard form to be used for requesting reimbursement for •
construction programs: However, a Federal awarding agency may substitute the SF-270 when the Federal
awarding agency determines that it provides adequate information to meet Federal needs.
.23 Cost sharing or matching. •
(a)All contributions, including cash and third party in-kind, shall be accepted as part of the recipient's cost sharing or
matching when such contributions meet all of the following criteria.
(1)Are verifiable from the recipient's records.
•
•
(2)Are not included as contributions for any other federally-assisted project or program.
•
(3)Are necessary and reasonable for proper and efficient accomplishment of project or program objectives.
•
http://www.whitehouse.gov/omb/rewrite/circulars/al 1 0/a l 1 0.html 8/31/2009
failed to comply with the project objectives, the terms and conditions of the award, or
Federal reporting requirements.
•
(2) The recipient or subrecipient is delinquent in a debt to the United States as defined in OMB Circular A-
129, "Managing Federal Credit Programs." Under such conditions, the Federal awarding agency may, upon
reasonable notice, inform the recipient that payments shall not be made for obligations incurred after a
specified date until the conditions are corrected or the indebtedness to the Federal Government is liquidated.
(i)Standards governing the use of banks and other institutions as depositories of funds advanced under awards are
as follows.
•
http://www:whitehouse.gov/omb/rewrite/circulars/a 110/a l 1 0.html 8/31/2009
raged to allow recipients to submit certifications and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
•
SUBPART C -Post-Award Requirements
http://www.whitehouse.gov/omb/rewrite/circulars/al 10/a l 10.html • 8/31/2009
10/al 10.html . 8/31/2009
duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
Circular No. A-110 -- Uniform Administrative Kequirements for (.rrants and Agreemen... Page 13 of 35
(g)The method used for determining cost sharing or matching for donated equipment, buildings and land for which
title passes to the recipient may differ according to the purpose of the award, if(1) or(2) apply.
•
•
(1) If the purpose of the award is to assist the recipient in the acquisition of equipment, buildings or land,the
total value of the donated property may be claimed as cost sharing or matching.
•
•
(2) If the purpose of the award is to support activities that require the use of equipment, buildings or land,
normally only depreciation or use charges for equipment and.buildings may be made. However, the full value
of equipment or other capital assets and fair rental charges for land may be allowed, provided that the
Federal awarding agency has approved the charges.
(h)The value of donated property shall be determined in accordance with the usual accounting policies of the
recipient, with the following qualifications.
•
•
(1)The value of donated land and buildings shall not exceed its fair market value at the time of donation to
the recipient as established by an independent appraiser(e.g., certified real property appraiser or General •
Services Administration representative) and certified by a responsible official of the recipient.
(2)The value of donated equipment shall not exceed the fair market value of equipment of the same age and
condition at the time of donation,
•
The value of donated space shall not exceed the fair rental value of comparable space as established
(3) P P. P by
an independent appraisal of comparable space and facilities in a privately-owned building in the same
locality.
• (4)The value of loaned equipment shall not exceed its fair rental value.
•
•
(5)The following requirements pertain to the recipient's supporting records for in-kind contributions from third
parties.
•
•
•
(i)Volunteer services shall be documented and,to the extent feasible, supported by the same
methods used by the recipient for its own employees.
(ii)The basis for determining the valuation for personal service, material, equipment, buildings and
• land shall be documented. •
.24 Program income.
(a) Federal awarding agencies shall apply the standards set forth in this section in requiring recipient organizations to
account for program income related to projects financed in whole or in part with Federal funds.
•
http://www.whitehouse.gov/omb/rewrite/circulars/al 10/al 1 0.html 8/31/2009
he fair market value of the property at the time of the donation.
http://www.whitehouse.gov/ombh-ewrite/circulars/al 10/all 0.html . 8/31/2009
s. Each Federal
awarding agency shall adopt the SF-271 'as the standard form to be used for requesting reimbursement for •
construction programs: However, a Federal awarding agency may substitute the SF-270 when the Federal
awarding agency determines that it provides adequate information to meet Federal needs.
.23 Cost sharing or matching. •
(a)All contributions, including cash and third party in-kind, shall be accepted as part of the recipient's cost sharing or
matching when such contributions meet all of the following criteria.
(1)Are verifiable from the recipient's records.
•
•
(2)Are not included as contributions for any other federally-assisted project or program.
•
(3)Are necessary and reasonable for proper and efficient accomplishment of project or program objectives.
•
http://www.whitehouse.gov/omb/rewrite/circulars/al 1 0/a l 1 0.html 8/31/2009
failed to comply with the project objectives, the terms and conditions of the award, or
Federal reporting requirements.
•
(2) The recipient or subrecipient is delinquent in a debt to the United States as defined in OMB Circular A-
129, "Managing Federal Credit Programs." Under such conditions, the Federal awarding agency may, upon
reasonable notice, inform the recipient that payments shall not be made for obligations incurred after a
specified date until the conditions are corrected or the indebtedness to the Federal Government is liquidated.
(i)Standards governing the use of banks and other institutions as depositories of funds advanced under awards are
as follows.
•
http://www:whitehouse.gov/omb/rewrite/circulars/a 110/a l 1 0.html 8/31/2009
raged to allow recipients to submit certifications and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
•
SUBPART C -Post-Award Requirements
http://www.whitehouse.gov/omb/rewrite/circulars/al 10/a l 10.html • 8/31/2009
10/al 10.html . 8/31/2009
duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
•
(b) Except as provided in paragraph (h) below, program income earned during the project period shall be retained by
the recipient and, in accordance with Federal awarding agency regulations or the terms and conditions of the award,
shall be used in one or more of the ways listed in the following.
(1)Added to funds committed to the project by the Federal awarding agency and recipient and used to further
eligible project or program objectives.
•
(2) Used to finance the non-Federal share of the project or program.
•
(3) Deducted from the total project or program allowable cost in determining the net allowable costs on which
the Federal share of costs is based. •
(c)When an agency authorizes the'disposition of program income as described in paragraphs(b)(1)or (b)(2),
program income in excess of any limits stipulated shall be used in accordance with paragraph (b)(3).
•
(d) In the event that the Federal awarding agency does not specify in its regulations or the terms and conditions of
the award how program income is to be used, paragraph(b)(3) shall apply automatically to all projects or programs
except research. For awards that support research, paragraph (b)(1) shall apply automatically unless the awarding
agency indicates in the terms and conditions,another alternative on the award or the recipient is subject to special
award conditions, as indicated in Section—14.
(e) Unless Federal awarding agency regulations or the terms and conditions of the award provide otherwise,
recipients shall have no obligation to the Federal Government regarding program income earned after the end of the
project period.
(f) If authorized by Federal awarding agency regulations or the terms and conditions of the award, costs incident to
the generation of program income may be deducted from gross income to determine program income, provided
these costs have not been charged to the award.
•
•
(g) Proceeds from the sale of property shall be handled in accordance with the requirements of the Property
Standards (See Sections .30 through_.37).
•
•
•
(h) Unless Federal awarding agency regulations or the terms and condition of the award provide otherwise,
recipients shall have no obligation to the Federal Government with respect to program income earned from license
fees and royalties for copyrighted material, patents, patent applications, trademarks, and inventions produced under
an award. However, Patent and Trademark Amendments(35 U.S.C. 18) apply to inventions made under an
experimental,developmental, or research award.
•
•
_.25 Revision of budget and program plans.
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/a 110.html 8/3 1/2009
ng agency shall adopt the SF-271 'as the standard form to be used for requesting reimbursement for •
construction programs: However, a Federal awarding agency may substitute the SF-270 when the Federal
awarding agency determines that it provides adequate information to meet Federal needs.
.23 Cost sharing or matching. •
(a)All contributions, including cash and third party in-kind, shall be accepted as part of the recipient's cost sharing or
matching when such contributions meet all of the following criteria.
(1)Are verifiable from the recipient's records.
•
•
(2)Are not included as contributions for any other federally-assisted project or program.
•
(3)Are necessary and reasonable for proper and efficient accomplishment of project or program objectives.
•
http://www.whitehouse.gov/omb/rewrite/circulars/al 1 0/a l 1 0.html 8/31/2009
failed to comply with the project objectives, the terms and conditions of the award, or
Federal reporting requirements.
•
(2) The recipient or subrecipient is delinquent in a debt to the United States as defined in OMB Circular A-
129, "Managing Federal Credit Programs." Under such conditions, the Federal awarding agency may, upon
reasonable notice, inform the recipient that payments shall not be made for obligations incurred after a
specified date until the conditions are corrected or the indebtedness to the Federal Government is liquidated.
(i)Standards governing the use of banks and other institutions as depositories of funds advanced under awards are
as follows.
•
http://www:whitehouse.gov/omb/rewrite/circulars/a 110/a l 1 0.html 8/31/2009
raged to allow recipients to submit certifications and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
•
SUBPART C -Post-Award Requirements
http://www.whitehouse.gov/omb/rewrite/circulars/al 10/a l 10.html • 8/31/2009
10/al 10.html . 8/31/2009
duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
l,lrcuiar INO. H-1 lu -- u1111U1111 tluuuiluJuauvc 1wl4uul.11i�.11w 1v1 vlculw ,.>u >6>
•
(a).The budget plan is the financial expression of the project or program as approved during the award process. It
may include either the Federal and non-Federal share, or only the Federal share, depending upon Federal awarding
agency requirements. It shall be related to performance for program evaluation purposes whenever appropriate.
(b) Recipients are required to report deviations from budget and program plans, and request prior approvals for
budget and program plan revisions, in accordance with this section.
•
(c) For nonconstruction awards, recipients shall request prior approvals from Federal awarding agencies for one or
more of the following program or budget related reasons.
•
(1)Change in the scope or the objective of the project or program (even if there is.no associated budget
revision requiring prior written approval).
•
•
(2) Change in a key person specified in the application or award document. •
•
(3)The absence for more than three months, or a 25 percent reduction in time devoted to the project, by the
approved project director or principal investigator.
(4)The need for.additional Federal funding.
•
(5)The transfer of amounts budgeted for indirect costs to absorb increases in direct costs, or vice versa, if
approval is required by the Federal awarding agency.
•
(6)The inclusion, unless waived by the Federal awarding agency, of costs that require prior approval in
accordance with OMB Circular A-21, "Cost Principles for Educational Institutions,"OMB Circular A-122, "Cost
Principles for Non-Profit Organizations,"or 45 CFR part 74 Appendix E,"Principles for Determining Costs
Applicable to Research and Development under Grants and Contracts with Hospitals," or 48 CFR part 31,
"Contract Cost Principles and Procedures,"as.applicable.
•
(7)The transfer of funds allotted for training allowances(direct payment to trainees)to other categories of
expense.
•
(8) Unless described in the application and funded in the approved awards,the subaward,transfer or ,
contracting out of any work under an award.This provision does not apply to the purchase of supplies,
material, equipment or general support services:
(d) No other prior approval requirements for specific items may be imposed unless a deviation has been approved by
•
OMB.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a110/al 10.html 8/31/2009
to inventions made under an
experimental,developmental, or research award.
•
•
_.25 Revision of budget and program plans.
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/a 110.html 8/3 1/2009
ng agency shall adopt the SF-271 'as the standard form to be used for requesting reimbursement for •
construction programs: However, a Federal awarding agency may substitute the SF-270 when the Federal
awarding agency determines that it provides adequate information to meet Federal needs.
.23 Cost sharing or matching. •
(a)All contributions, including cash and third party in-kind, shall be accepted as part of the recipient's cost sharing or
matching when such contributions meet all of the following criteria.
(1)Are verifiable from the recipient's records.
•
•
(2)Are not included as contributions for any other federally-assisted project or program.
•
(3)Are necessary and reasonable for proper and efficient accomplishment of project or program objectives.
•
http://www.whitehouse.gov/omb/rewrite/circulars/al 1 0/a l 1 0.html 8/31/2009
failed to comply with the project objectives, the terms and conditions of the award, or
Federal reporting requirements.
•
(2) The recipient or subrecipient is delinquent in a debt to the United States as defined in OMB Circular A-
129, "Managing Federal Credit Programs." Under such conditions, the Federal awarding agency may, upon
reasonable notice, inform the recipient that payments shall not be made for obligations incurred after a
specified date until the conditions are corrected or the indebtedness to the Federal Government is liquidated.
(i)Standards governing the use of banks and other institutions as depositories of funds advanced under awards are
as follows.
•
http://www:whitehouse.gov/omb/rewrite/circulars/a 110/a l 1 0.html 8/31/2009
raged to allow recipients to submit certifications and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
•
SUBPART C -Post-Award Requirements
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10/al 10.html . 8/31/2009
duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
(e) Except for requirements listed in paragraphs (c)(1) and (c)(4)of this section, Federal awarding agencies are
authorized, at their option,to waive cost-related and administrative prior written approvals required by this Circular
and OMB Circulars A-21 and A-122. Such waivers may include authorizing recipients to do any one or more of the
following.
(1) Incur pre-award costs 90 calendar days prior to award or more than 90 calendar days with the prior
approval of the Federal awarding agency. All pre-award costs are incurred at the recipient's risk (i.e.,the
Federal awarding agency is under no obligation to reimburse such costs if for any reason the recipient does
not receive an award or if the award is less than anticipated and inadequate to cover such costs).
•
(2) Initiate a one-time extension of the expiration date of the award of up to 12 months unless one or more of
the following conditions apply. For one-time extensions,the recipient must notify the Federal awarding
agency in writing with the supporting reasons and revised expiration date at least 10 days before the •
expiration date specified in the award. This one-time extension may not be exercised merely for the purpose
of using unobligated balances.
• •
(i)The terms and conditions of award prohibit the extension.
•
•
• (ii)The extension requires additional Federal funds.
(iii)The extension involves any change in the approved objectives or scope of the project.
(3) Carry forward unobligated balances to subsequent funding periods.
(4) For awards that support research, unless the Federal awarding agency provides otherwise in the award or
in the agency's regulations, the prior approval requirements described in paragraph(e)are automatically
waived (i.e., recipients need not obtain such prior approvals) unless one of the conditions included in
•
paragraph (e)(2)applies.
(f)The Federal awarding agency may, at its option, restrict the transfer of funds among direct cost categories or
programs,functions and activities for awards in which the Federal share of the project exceeds$100,000 and the
cumulative amount of such transfers exceeds or is expected to exceed 10 percent of the total budget as last
approved by the Federal awarding agency. No Federal awarding agency shall permit a transfer that would cause any
Federal appropriation or part thereof to be used for purposes other than those consistent with the original intent of
the appropriation. •
•
(g)All other changes to nonconstruction budgets, except for the changes described in paragraph (j), do not require
prior approval.
•
(h) For construction awards, recipients shall request prior written approval promptly from Federal awarding agencies
for budget revisions whenever(1), (2)or(3) apply.
http://www.whitehouse.gov/omb/rewrite/circulars/a110/al10.html • 8/31/2009
sement for •
construction programs: However, a Federal awarding agency may substitute the SF-270 when the Federal
awarding agency determines that it provides adequate information to meet Federal needs.
.23 Cost sharing or matching. •
(a)All contributions, including cash and third party in-kind, shall be accepted as part of the recipient's cost sharing or
matching when such contributions meet all of the following criteria.
(1)Are verifiable from the recipient's records.
•
•
(2)Are not included as contributions for any other federally-assisted project or program.
•
(3)Are necessary and reasonable for proper and efficient accomplishment of project or program objectives.
•
http://www.whitehouse.gov/omb/rewrite/circulars/al 1 0/a l 1 0.html 8/31/2009
failed to comply with the project objectives, the terms and conditions of the award, or
Federal reporting requirements.
•
(2) The recipient or subrecipient is delinquent in a debt to the United States as defined in OMB Circular A-
129, "Managing Federal Credit Programs." Under such conditions, the Federal awarding agency may, upon
reasonable notice, inform the recipient that payments shall not be made for obligations incurred after a
specified date until the conditions are corrected or the indebtedness to the Federal Government is liquidated.
(i)Standards governing the use of banks and other institutions as depositories of funds advanced under awards are
as follows.
•
http://www:whitehouse.gov/omb/rewrite/circulars/a 110/a l 1 0.html 8/31/2009
raged to allow recipients to submit certifications and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
•
SUBPART C -Post-Award Requirements
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10/al 10.html . 8/31/2009
duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
Circular No. A-11U -- Umtorm Aamimstrative requirements for Uranus aitu i- gi cuicll... ragc i / Ul JJ
•
•
(1)The revision results from changes in the scope or the objective of the project or program.
•
(2)The need arises for additional Federal funds to complete the project.
(3)A revision is desired which involves specific costs for which prior written approval requirements may be
imposed consistent with applicable OMB cost principles listed in Section_.27.
•
(i) No other prior approval requirements for specific items may be imposed'unless a deviation has been approved by
OMB..
(j)When a Federal awarding agency makes an award that provides support for both construction and
nonconstruction work,the Federal awarding agency may require the recipient to request prior approval from the
Federal awarding agency before making any fund or budget transfers between the two types of work supported.
(k) For both construction and nonconstruction awards, Federal awarding agencies shall require recipients to notify
the Federal awarding agency in writing promptly whenever the amount of Federal authorized funds is expected to
exceed the needs of the recipient for the project period by more than•$5000 or five percent of the Federal award,
whichever is greater.This notification shall not be required if an application for additional funding is submitted for a
continuation award.
(I)When requesting approval for budget revisions, recipients shall use the budget forms that were used in the
application unless the Federal awarding.agency indicates a letter of request suffices.
•
(m)Within 30 calendar days from the date of receipt of the request for budget revisions, Federal awarding agencies
shall review the request and notify the recipient whether the budget revisions have been approved. If the revision is
still under consideration at the end of 30 calendar days, the Federal awarding agency shall inform the recipient in
writing of the date when the recipient may expect the decision.
•
..26 Non-Federal audits.
(a) Recipients and subrecipients that are institutions of higher education or other non-profit organizations(including
hospitals)shall be subject to the audit requirements contained in the Single Audit Act Amendments of 1996 (31 USC
7501-7507) and revised OMB Circular A-133,"Audits of States, Local Governments, and Non-Profit Organizations."
•
•
(b) State and local governments shall be subject to the audit requirements contained in the Single Audit Act
Amendments of 1996(31 USC 7501-7507) and revised OMB Circular A-133, "Audits of States, Local Governments,
and Non-Profit Organizations." •
•
• (r.\ Fnr-nrnfit hncnitalc not nnvPrari by tha a1 irlit nrnvicinnc of ravicari MAR rim filar A-131 chall ha ci,hurt to the PI irlit
http://www.whitehouse.gov/omb/rewrite/circulars/a 110/all 0.html 8/31/2009
• 8/31/2009
sement for •
construction programs: However, a Federal awarding agency may substitute the SF-270 when the Federal
awarding agency determines that it provides adequate information to meet Federal needs.
.23 Cost sharing or matching. •
(a)All contributions, including cash and third party in-kind, shall be accepted as part of the recipient's cost sharing or
matching when such contributions meet all of the following criteria.
(1)Are verifiable from the recipient's records.
•
•
(2)Are not included as contributions for any other federally-assisted project or program.
•
(3)Are necessary and reasonable for proper and efficient accomplishment of project or program objectives.
•
http://www.whitehouse.gov/omb/rewrite/circulars/al 1 0/a l 1 0.html 8/31/2009
failed to comply with the project objectives, the terms and conditions of the award, or
Federal reporting requirements.
•
(2) The recipient or subrecipient is delinquent in a debt to the United States as defined in OMB Circular A-
129, "Managing Federal Credit Programs." Under such conditions, the Federal awarding agency may, upon
reasonable notice, inform the recipient that payments shall not be made for obligations incurred after a
specified date until the conditions are corrected or the indebtedness to the Federal Government is liquidated.
(i)Standards governing the use of banks and other institutions as depositories of funds advanced under awards are
as follows.
•
http://www:whitehouse.gov/omb/rewrite/circulars/a 110/a l 1 0.html 8/31/2009
raged to allow recipients to submit certifications and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
•
SUBPART C -Post-Award Requirements
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10/al 10.html . 8/31/2009
duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
requirements of the Federal awarding agencies.
(d) Commercial organizations shall be subject to the audit requirements of the Federal awarding agency or the prime
• recipient as incorporated into the award document.
_.27 Allowable costs. For each kind of recipient, there is a set of Federal principles for determining allowable
costs. Allowability of costs shall be determined in accordance with the cost principles applicable to the entity
incurring the costs. Thus, allowability of costs incurred by State, local or federally-recognized Indian tribal
governments is determined in accordance with the provisions of OMB Circular A-87, "Cost Principles for State, Local,
and Indian Tribal Governments."The allowability of costs incurred by non-profit organizations is determined in
accordance with the provisions of OMB Circular A-122, "Cost Principles for Non-Profit Organizations."The
allowability of costs incurred by institutions of higher education is determined in accordance with the provisions of •
OMB Circular A-21, "Cost Principles for Educational Institutions."The allowability of costs incurred by hospitals is
determined in accordance with the provisions of Appendix E of 45 CFR part 74, "Principles for Determining Costs
Applicable to Research and Development Under Grants and Contracts with Hospitals."The allowability of costs
incurred by commercial organizations and those non-profit organizations listed in Attachment C to Circular A-122 is
determined in accordance with the provisions of the Federal Acquisition Regulation (FAR) at 48 CFR part 31.
_.28 Period of availability of funds. Where a funding period is specified, a recipient may charge to the grant only
allowable costs resulting from obligations incurred during the funding period and any pre-award costs authorized by
the Federal awarding agency.
_,29 Conditional exemptions. •
• (a) OMB authorizes conditional exemption from OMB administrative requirements and cost principles circulars for
certain Federal programs with statutorily-authorized consolidated planning and consolidated administrative funding, •
• that are identified by a Federal agency and approved by the head of the Executive department or establishment. A
Federal agency shall consult with OMB during its consideration of whether to grant such an exemption.
•
(b)To promote efficiency in State and local program administration, when Federal non-entitlement programs with
common purposes have specific statutorily-authorized consolidated planning and consolidated administrative funding
• and where most of the State agency's resources come from non-Federal sources, Federal agencies may exempt
these covered State-administered, non-entitlement grant programs from certain OMB grants.management
requirements. The exemptions would be from all but the allocability of costs provisions of OMB Circulars A-87
(Attachment A, subsection C.3), "Cost Principles for State, Local, and Indian Tribal Governments,"A-21 (Section C,
subpart 4), "Cost Principles for Educational Institutions,"and A-122 (Attachment A, subsection A.4), "Cost-Principles
for Non-Profit Organizations,"and from all of the administrative requirements provisions of OMB Circular A-110,
"Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals,
and Other Non-Profit Organizations,"and the agencies'grants management common rule.
.(c)When a Federal agency provides this flexibility, as a prerequisite to a State's exercising this option, a State must
adopt its own written fiscal and administrative requirements for expending and accounting for all funds, which are
consistent with the provisions of OMB Circular A-87, and extend such policies to all subrecipients.These fiscal and
administrative requirements must be sufficiently specific to ensure that: funds are used in compliance with all
applicable Federal statutory and regulatory provisions, costs are reasonable and necessary for operating these
programs, and funds are not be used for general expenses required to carry out other responsibilities of a State or its
subrecipients. •
•
•
Property Standards •
.30 Purpose of property standards. Sections .31 through .37 set forth uniform standards governing
mononomonf onrl rlicnncifinn of nrnnorfv f, rnichorf by Ike Forlorol (_nvornmonf uihnco rnef,A,oc rhornorl fn-n.nrniorf
•
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•
http://www:whitehouse.gov/omb/rewrite/circulars/a 110/a l 1 0.html 8/31/2009
raged to allow recipients to submit certifications and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
•
SUBPART C -Post-Award Requirements
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10/al 10.html . 8/31/2009
duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
Circular No. A7110 -- Uniform Administrative Requirements for Grants and Agreemen... Page 19 of 35
supported by a Federal award. Federal awarding agencies shall require recipients to observe these standards under
awards and shall not impose additional requirements, unless specifically required by Federal statute. The recipient
may use its own property management standards and procedures provided it observes the provisions of Sections
.31 through .37.
_,31 Insurance coverage. Recipients shall, at a minimum, provide the equivalent,insurance coverage for real
• property and equipment acquired with Federal funds as provided to property owned by the recipient. Federally-
owned property need not be insured unless required by the terms and conditions of the award.
_.32 Real property. Each Federal awarding agency shall prescribe requirements for recipients concerning the use
and disposition of real property acquired in whole or in part under awards. Unless otherwise provided by statute,
such requirements,at a minimum, shall contain the following. •
•
(a) Title to real property shall vest in the recipient subject to the condition that the recipient shall use the real property
for the authorized purpose of the project as long as it is needed and shall not encumber the property without
approval of the Federal awarding agency.
(b) The recipient shall obtain written approval by the Federal awarding agency for the use of real property in other
federally-sponsored projects when the recipient determines that the property is no longer needed for the purpose of
the original project. Use in other projects shall be limited to those under federally-sponsored projects (i.e., awards) or
programs that have purposes consistent with those authorized for support by the Federal awarding agency.
•
(c)When the real property is no longer needed as provided in paragraphs (a) and (b), the recipient shall request
disposition instructions from the Federal awarding agency or its successor Federal awarding agency. The Federal
awarding agency shall observe one or more of the following disposition instructions.
(1)The recipient may be permitted to retain title without further obligation to the Federal Government after it
• compensates the Federal Government for that percentage of the current fair market value of the property
attributable to the Federal participation in the project.
•
• (2)The recipient may be directed to sell the property under guidelines provided by the Federal awarding
agency and pay the Federal Government for that percentage of the current fair market value of the property
attributable to the Federal participation in the project (after deducting actual and reasonable selling and fix-up
expenses, if any,from the sales proceeds). When the recipient is authorized or required to sell the property,
proper sales procedures shall be established that provide for competition to the extent practicable and result
in the highest possible return.
•
(3)The recipient may be directed to transfer title to the property to the Federal Government or to an eligible
third party provided that, in such cases, the recipient shall be entitled to compensation for its attributable
percentage of the current fair market value of the property.
_.33 Federally-owned and exempt property. •
(a) Federally-owned property.
(1)Title to federally-owned property remains vested in the Federal Government. Recipients shall submit
annually an inventory listing of federally-owned property in their custody to the Federal awarding agency.
Upon completion of the award or when the property is no longer needed, the recipient shall report the
•
•
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administrative requirements must be sufficiently specific to ensure that: funds are used in compliance with all
applicable Federal statutory and regulatory provisions, costs are reasonable and necessary for operating these
programs, and funds are not be used for general expenses required to carry out other responsibilities of a State or its
subrecipients. •
•
•
Property Standards •
.30 Purpose of property standards. Sections .31 through .37 set forth uniform standards governing
mononomonf onrl rlicnncifinn of nrnnorfv f, rnichorf by Ike Forlorol (_nvornmonf uihnco rnef,A,oc rhornorl fn-n.nrniorf
•
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•
http://www:whitehouse.gov/omb/rewrite/circulars/a 110/a l 1 0.html 8/31/2009
raged to allow recipients to submit certifications and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
•
SUBPART C -Post-Award Requirements
http://www.whitehouse.gov/omb/rewrite/circulars/al 10/a l 10.html • 8/31/2009
10/al 10.html . 8/31/2009
duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
• property to the Federal awarding agency for further Federal agency utilization.
•
(2),If the Federal awarding agency has no further need for the property, it shall be declared excess and
reported to the General Services Administration, unless the Federal awarding agency has statutory authority
to dispose of the property by alternative methods (e.g.,the authority provided by the Federal Technology
Transfer Act (15 U.S.C. 3710 (I))to donate research equipment to educational and non-profit organizations in
accordance with E.O. 12821, "Improving Mathematics and Science Education in Support of the National
Education Goals.")Appropriate instructions shall be issued to the recipient by the Federal awarding agency.
(b) Exempt property. When statutory authority exists,the Federal awarding agency has the option to vest title to
property acquired with Federal funds in the recipient without further obligation to the Federal Government and under
conditions the Federal awarding agency considers appropriate. Such property is"exempt property."Should a
Federal awarding agency not establish conditions, title to exempt property upon acquisition shall vest in the recipient
without further obligation to the Federal Government.
•
•
_.34 Equipment. •
(a)Title to equipment acquired by a recipient with Federal funds shall vest in the recipient, subject to conditions of
this section.
(b)The recipient shall not use equipment acquired with Federal funds to provide services to non-Federal outside •
organizations for a fee that is less than private companies charge for equivalent services, unless specifically•
authorized by Federal statute, for as long as the Federal Government retains an interest in the equipment.
(c)The recipient shall use the equipment in the project or program for which it was acquired as long as needed,
whether or not the project or program continues to be supported by Federal funds and shall not encumber the
property without approval of the Federal awarding agency. When no longer needed for the original project or
program,the recipient shall use the equipment in connection with its other federally-sponsored activities, in the
following order of priority: (i)Activities sponsored by the Federal awarding agency which funded the original project,
then (ii) activities sponsored by other Federal awarding agencies.
•
(d) During the time that equipment is used on the project or program for which it was acquired,the recipient shall
make it available for use on other projects or programs if such other use will not interfere with the work on the project
or program for which the equipment was originally acquired. First preference for such other use shall be given to
other projects or programs sponsored by the Federal awarding agency that financed the equipment; second
preference shall be given to projects or programs sponsored by other Federal awarding agencies. If the equipment is
• owned by the Federal Government, use on other activities not sponsored by the Federal Government shall be
permissible if authorized by the Federal awarding agency. User charges shall be treated as program income:
(e) When acquiring replacement equipment,the recipient may use the equipment to be replaced as trade-in or sell
the equipment and use the proceeds to offset the costs of the replacement equipment subject to the approval of the
Federal awarding agency.
•
•
(f)The recipient's property management standards for equipment acquired with Federal funds and federally-owned
equipment shall include all of the following.
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•
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administrative requirements must be sufficiently specific to ensure that: funds are used in compliance with all
applicable Federal statutory and regulatory provisions, costs are reasonable and necessary for operating these
programs, and funds are not be used for general expenses required to carry out other responsibilities of a State or its
subrecipients. •
•
•
Property Standards •
.30 Purpose of property standards. Sections .31 through .37 set forth uniform standards governing
mononomonf onrl rlicnncifinn of nrnnorfv f, rnichorf by Ike Forlorol (_nvornmonf uihnco rnef,A,oc rhornorl fn-n.nrniorf
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raged to allow recipients to submit certifications and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
•
SUBPART C -Post-Award Requirements
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duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
l lrcular 1VO. H-1 1 V V1111V1111 tiuuu1uJuall v� �w�uu.�,�w,w ��. . ..• �••. .-b-- - a -- -- - -
•
(1) Equipment records shall be maintained accurately and shall include the following information.
•
•
(i) A description of the equipment.
•
(ii) Manufacturer's serial number, model number, Federal stock number, national stock number, or
other identification number.
•
•
• (iii) Source of the equipment, including the award number.
(iv)Whether title vests in the recipient or the Federal Government. •
(v) Acquisition date (or date received, if the equipment was furnished by the Federal Government)
and cost.
•
(vi) Information from which one can calculate the percentage of Federal participation in the cost of the
equipment(not applicable to equipment furnished by the Federal Government).
•
(vii) Location and condition of the equipment and the date the information was reported.
•
(viii) Unit acquisition cost.
•
(ix) Ultimate disposition data, including date of disposal and sales price or the method used to
determine current fair market value where a recipient compensates the Federal awarding agency for
its share.
(2) Equipment owned by the Federal Government shall be identified to indicate Federal ownership.
•
(3)A physical inventory of equipment shall be taken and the results reconciled with the equipment records at
least once every two years.Any differences between quantities determined by the physical inspection and
those shown in the accounting records shall be investigated to determine the causes of the difference. The
recipient shall, in connection with the inventory,verify the existence, current utilization, and continued need
for the equipment.
•
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Federal awarding agency. When no longer needed for the original project or
program,the recipient shall use the equipment in connection with its other federally-sponsored activities, in the
following order of priority: (i)Activities sponsored by the Federal awarding agency which funded the original project,
then (ii) activities sponsored by other Federal awarding agencies.
•
(d) During the time that equipment is used on the project or program for which it was acquired,the recipient shall
make it available for use on other projects or programs if such other use will not interfere with the work on the project
or program for which the equipment was originally acquired. First preference for such other use shall be given to
other projects or programs sponsored by the Federal awarding agency that financed the equipment; second
preference shall be given to projects or programs sponsored by other Federal awarding agencies. If the equipment is
• owned by the Federal Government, use on other activities not sponsored by the Federal Government shall be
permissible if authorized by the Federal awarding agency. User charges shall be treated as program income:
(e) When acquiring replacement equipment,the recipient may use the equipment to be replaced as trade-in or sell
the equipment and use the proceeds to offset the costs of the replacement equipment subject to the approval of the
Federal awarding agency.
•
•
(f)The recipient's property management standards for equipment acquired with Federal funds and federally-owned
equipment shall include all of the following.
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administrative requirements must be sufficiently specific to ensure that: funds are used in compliance with all
applicable Federal statutory and regulatory provisions, costs are reasonable and necessary for operating these
programs, and funds are not be used for general expenses required to carry out other responsibilities of a State or its
subrecipients. •
•
•
Property Standards •
.30 Purpose of property standards. Sections .31 through .37 set forth uniform standards governing
mononomonf onrl rlicnncifinn of nrnnorfv f, rnichorf by Ike Forlorol (_nvornmonf uihnco rnef,A,oc rhornorl fn-n.nrniorf
•
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raged to allow recipients to submit certifications and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
•
SUBPART C -Post-Award Requirements
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duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
equipment. Any loss, damage, or theft of equipment shall be investigated and fully documented; if the
equipment was owned by the Federal Government, the recipient shall promptly notify the Federal awarding
• agency.
•
(5)Adequate maintenance procedures shall be implemented to keep the equipment in good condition.
(6)Where the recipient is authorized or required to sell the equipment, proper sales procedures shall be
established which provide for competition to the extent practicable and result in the highest possible return.
(g)When the recipient no longer needs the equipment, the equipment may be used for other activities in accordance
with the following standards. For equipment with a current per unit fair market value of$5000 or more,the recipient
may retain the equipment for other uses provided that compensation is made to the original Federal awarding
agency or its successor. The amount of compensation shall be computed by applying the percentage of Federal
participation in the cost of the original project or program to the current fair market value of the equipment. If the
recipient has no need for the equipment, the recipient shall request disposition instructions from the Federal
awarding agency.The Federal awarding agency shall determine whether the equipment can be used to meet the
agency's requirements. If no requirement exists within that agency, the availability of the equipment shall be reported
to the General Services Administration by the Federal awarding agency to determine whether a requirement for the
equipment exists in other Federal agencies.The Federal awarding agency shall issue instructions to the recipient no
later than 120 calendar days after the recipient's request and the following procedures shall govern.
•
(1) If so instructed or if disposition instructions are not issued within 120 calendar days after the recipient's
request,the recipient shall sell the equipment and reimburse the Federal awarding agency an amount
computed by applying to the sales proceeds the percentage of Federal participation in the cost of the original
project or program. However, the recipient shall be permitted to deduct and retain from the Federal share
$500 or ten percent of the proceeds, whichever is less, for the recipient's selling and handling expenses.
(2) If the recipient is instructed to ship the equipment elsewhere, the recipient shall be reimbursed by the
Federal Government by an amount which is computed by applying the percentage of the recipient's
participation in the cost of the original project or program to the current fair market value of the equipment,
plus any reasonable shipping or interim storage costs incurred.
(3) If the recipient is instructed to otherwise dispose of the equipment, the recipient shall be reimbursed by
the Federal awarding agency for such costs incurred in its disposition.
•
(4)The Federal awarding agency may reserve the right to transfer the title to the Federal Government or to a
.third party named by the Federal Government when such third party is otherwise eligible under existing
statutes. Such transfer shall be subject to the following standards.
•
(i)The equipment shall be appropriately identified in the award or otherwise made known to the
recipient in writing. .
•
(ii) The Federal awarding agency shall issue disposition instructions within 120 calendar days after
receipt of a final inventory. The final inventory shall list all equipment acquired with grant funds and
•
•
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administrative requirements must be sufficiently specific to ensure that: funds are used in compliance with all
applicable Federal statutory and regulatory provisions, costs are reasonable and necessary for operating these
programs, and funds are not be used for general expenses required to carry out other responsibilities of a State or its
subrecipients. •
•
•
Property Standards •
.30 Purpose of property standards. Sections .31 through .37 set forth uniform standards governing
mononomonf onrl rlicnncifinn of nrnnorfv f, rnichorf by Ike Forlorol (_nvornmonf uihnco rnef,A,oc rhornorl fn-n.nrniorf
•
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•
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raged to allow recipients to submit certifications and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
•
SUBPART C -Post-Award Requirements
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10/al 10.html . 8/31/2009
duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
UircuIar 1V 0. A=1 1 U -- Unitorm Administrative Keq]ulrements tor Grants and Agreemen... Yage 13 of 33
•
federally-owned equipment. If the Federal awarding agency fails to issue disposition instructions
within the 120 calendar day period, the recipient shall apply the standards of this section, as
appropriate.
•
(iii)When the Federal awarding agency exercises its right to take title, the equipment shall be subject
to the provisions for federally-owned equipment.
.35 Supplies and other expendable property.
(a)Title to supplies and other expendable property shall vest in the recipient upon acquisition. If there is a residual
inventory of unused supplies exceeding $5000 in total aggregate value upon termination or completion of the project
or program and-the supplies are not needed for any other federally-sponsored project or program,the recipient shall
retain the supplies for use on non-Federal sponsored activities or sell them,but shall, in either case, compensate the
Federal Government for its share. The amount of compensation shall be computed in the same manner as for
equipment.
•
•
•
•
(b)The recipient shall not use supplies acquired with Federal funds to provide services to non-Federal outside
organizations for a fee that is less than private companies charge for equivalent services, unless specifically
authorized by Federal statute as long as the Federal Government retains an interest in the supplies.
_.36 Intangible property.
(a)The recipient may copyright any work that is subject to copyright and was developed, or for which ownership was
purchased, under an award. The Federal awarding agency(ies) reserve a royalty-free, nonexclusive and irrevocable
right to reproduce, publish, or otherwise use the work for Federal purposes, and to authorize others to do so.
(b) Recipients are subject to applicable regulations governing patents and inventions, including government-wide
regulations issued by the Department of Commerce at 37 CFR part 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements."
•
•
(c)The Federal Government has the right to:
(1) obtain, reproduce, publish or otherwise use the data first produced under an award; and
•
to receive, reproduce, publish, or otherwise use such data for Federal purposes.
authorize others eP p
(2) •
� P .
(d) (1) In addition, in response to a Freedom of Information Act (FOIA) request for research data relating to published
research findings produced under an award that were used by the Federal Government in developing an agency
action that has the force and effect of law,the Federal awarding agency shall request, and the recipient shall
provide,within a reasonable time, the research data so that they can be made available to the public through the
procedures established under the FOIA. If the Federal awarding agency obtains the research data solely in response
to a FOIA request,the agency may charge the requester.a reasonable fee equaling the full incremental cost of
obtaining the research data. This fee should reflect costs incurred by the agency,the recipient, and applicable
,.,.h.....:,-.:....�.. Th:n f.... : ...d.lr/:.....In ..... l...... IL... ..... .....1...41... Crl1A •/G I I C'r` FG")/..\/A\/A\\
•
•
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acquired with grant funds and
•
•
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itehouse.gov/omb/rewrite/circul ars/a 110/a l 10.html 8/31/2009
administrative requirements must be sufficiently specific to ensure that: funds are used in compliance with all
applicable Federal statutory and regulatory provisions, costs are reasonable and necessary for operating these
programs, and funds are not be used for general expenses required to carry out other responsibilities of a State or its
subrecipients. •
•
•
Property Standards •
.30 Purpose of property standards. Sections .31 through .37 set forth uniform standards governing
mononomonf onrl rlicnncifinn of nrnnorfv f, rnichorf by Ike Forlorol (_nvornmonf uihnco rnef,A,oc rhornorl fn-n.nrniorf
•
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•
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raged to allow recipients to submit certifications and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
•
SUBPART C -Post-Award Requirements
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10/al 10.html . 8/31/2009
duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
•
•
(2)The following definitions apply for purposes of paragraph (d)of this section:
•
(i) Research data is defined as the recorded factual material commonly accepted in the scientific
community as necessary to validate research findings, but not any of the following: preliminary
analyses, drafts of scientific papers, plans for future research, peer reviews, or communications with
colleagues. This"recorded"material excludes physical objects(e.g., laboratory.samples). Research
data also do not include:
(A)Trade secrets, commercial information, materials necessary to be held confidential by a
researcher until they are published, or similar information which is protected under law; and
•
•
•
(B) Personnel and medical information and similar information the disclosure of which would
constitute a clearly unwarranted invasion of personal privacy, such as information that could
be used to identify a particular person in a research study.
•
(ii) Published is defined as either when:
•
(A) Research findings are published in a peer-reviewed scientific or technical journal; or
•
(B)A Federal agency publicly and officially cites the research findings in support of an agency
action that has the force and effect of law.
(iii) Used by the Federal Government in developing an agency action that has the force and effect of
law is defined as when an agency publicly and officially cites the research findings in support of an
agency action that has the force and effect of law.
(e)Title to intangible property and debt instruments acquired under an award or subaward vests upon acquisition in
the recipient. The recipient shall use that property for the originally-authorized purpose,and the recipient shall not
encumber the property without approval of the Federal awarding agency. When no longer needed for the originally
. authorized purpose, disposition of the intangible property shall occur in accordance with the provisions of paragraph
.34(g).
.37 Property trust relationship. Real property, equipment, intangible property and debt instruments that are
acquired or improved with Federal funds shall be held in trust by the recipient as trustee for the beneficiaries of the
project or program under which the property was acquired or improved.Agencies may require recipients to record
liens or other appropriate notices of record to indicate that personal or real property has been acquired or improved
with Federal funds and that use and disposition conditions apply to the property.
Procurement Standards •
_.40 Purpose of procurement standards. Sections .41 through .48 set forth standards for use by recipients
in establishing procedures for the procurement of supplies and other expendable property,equipment, real property
and other services with Federal funds. These standards are furnished to ensure that such materials and services are
obtained in an effective manner and in compliance with the provisions of applicable Federal statutes and executive
• orders. No additional procurement standards or requirements shall be imposed by the Federal awarding agencies
upon recipients, unless specifically required by Federal statute or executive order or approved by OMB.
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8/31/2009
•
•
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acquired with grant funds and
•
•
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itehouse.gov/omb/rewrite/circul ars/a 110/a l 10.html 8/31/2009
administrative requirements must be sufficiently specific to ensure that: funds are used in compliance with all
applicable Federal statutory and regulatory provisions, costs are reasonable and necessary for operating these
programs, and funds are not be used for general expenses required to carry out other responsibilities of a State or its
subrecipients. •
•
•
Property Standards •
.30 Purpose of property standards. Sections .31 through .37 set forth uniform standards governing
mononomonf onrl rlicnncifinn of nrnnorfv f, rnichorf by Ike Forlorol (_nvornmonf uihnco rnef,A,oc rhornorl fn-n.nrniorf
•
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•
http://www:whitehouse.gov/omb/rewrite/circulars/a 110/a l 1 0.html 8/31/2009
raged to allow recipients to submit certifications and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
•
SUBPART C -Post-Award Requirements
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duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
Circular No. A-110 -- Uniform Administrative Requirements for Grants and Agreemen... Page 25 of 35
•
.41 Recipient responsibilities. The standards contained in this section do not relieve the recipient of the
contractual responsibilities arising under its contract(s). The recipient is the responsible authority,without recourse to
the Federal awarding agency, regarding the settlement and satisfaction of all contractual and administrative issues
arising out of procurements entered into in support of an award or other agreement.This includes disputes, claims,
protests of award, source evaluation or other matters of a contractual nature. Matters concerning violation of statute
are to be referred to such Federal, State or local authority as may have proper jurisdiction.
_.42 Codes of conduct. The recipient shall maintain written standards of conduct governing the performance of its
employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection,award, or administration of a contract supported by Federal funds if a real or apparent conflict of
interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or
her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties
• indicated herein, has a financial or other interest in the firm selected for an award. The officers, employees, and
agents of the recipient shall neither solicit nor accept,gratuities,favors, or anything of monetary value from
contractors, or parties to subagreements. However, recipients may set standards for situations in which the financial
interest is not substantial or the gift is an unsolicited item of nominal value. The standards of conduct shall provide
for disciplinary actions to be applied for violations of such standards by officers, employees,or agents of the
recipient.
_.43 Competition. All procurement transactions shall be conducted in a manner to provide,to the maximum extent
practical, open and free competition.The recipient shall be alert to organizational conflicts of interest as well as
noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In
order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that
develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals
shall be excluded from competing for such procurements.Awards shall be made to the bidder or offeror whose bid or
offer is responsive to the solicitation and is most advantageous to the recipient, price, quality and other factors
considered. Solicitations shall clearly set forth all requirements that the bidder or offeror shall fulfill in order for the bid
or offer to be evaluated by the recipient. Any and all bids or offers may be rejected when it is in the recipient's
interest to do so.
_.44 Procurement procedures. •
(a)All recipients shall establish written procurement procedures. These procedures shall provide for, at a minimum,
that(1), (2)and (3) apply.
(1) Recipients avoid purchasing unnecessary items.
•
(2)Where appropriate, an analysis is made of lease and purchase alternatives to determine which would be
the most economical and practical procurement for the Federal Government.
•
•
(3) Solicitations for goods and services provide for all of the following.
•
•
(i)A clear and accurate description of the technical requirements for the material, product or service
to be procured. In competitive procurements, such a description shall•not contain features which
unduly restrict competition.
(ii) Requirements which the bidder/offeror must fulfill and all other factors to be used in evaluating
bids or proposals.
•
http://www:whitehouse.gov/omb/rewrite/circulars/a110/a110.html 8/31/2009
tate or its
subrecipients. •
•
•
Property Standards •
.30 Purpose of property standards. Sections .31 through .37 set forth uniform standards governing
mononomonf onrl rlicnncifinn of nrnnorfv f, rnichorf by Ike Forlorol (_nvornmonf uihnco rnef,A,oc rhornorl fn-n.nrniorf
•
http://ww-w.whitehouse.gov/omb/rewrite/circulars/al 1 0/a 110.html • 8/31/2009
•
http://www:whitehouse.gov/omb/rewrite/circulars/a 110/a l 1 0.html 8/31/2009
raged to allow recipients to submit certifications and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
•
SUBPART C -Post-Award Requirements
http://www.whitehouse.gov/omb/rewrite/circulars/al 10/a l 10.html • 8/31/2009
10/al 10.html . 8/31/2009
duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
•
(iii)A description, whenever practicable, of technical requirements in terms of functions to be
performed or performance required, including the range of acceptable characteristics or minimum
acceptable standards.
•
•
(iv)The specific features of"brand name or equal" descriptions that bidders are required to meet
when such items are included in the solicitation.
•
•
(v)The acceptance, to the extent practicable and economically feasible, of products and services
dimensioned in the metric system of measurement.
•
(vi) Preference,to the extent practicable and economically feasible, for products and services that
conserve natural resources and protect the environment and are energy efficient.
(b) Positive efforts shall be made by recipients to utilize small businesses, minority-owned firms, and women's
business enterprises, whenever possible. Recipients of Federal awards shall take all of the following steps to further
this goal.
•
(1) Ensure that small businesses, minority-owned firms, and women's business enterprises are used to the
fullest extent practicable.
•
(2) Make information on forthcoming opportunities available and arrange time frames for purchases•and
contracts to encourage and facilitate participation by small businesses, minority-owned firms, and women's
• business enterprises.
•
(3) Consider in the contract process whether firms competing for larger contracts intend to subcontract with
small businesses, minority-owned firms, and women's business enterprises.
(4) Encourage contracting with consortiums of small businesses, minority-owned firms and women's business
enterprises when a contract is too large for one of these firms to handle individually.
(5) Use the services and assistance, as appropriate, of such organizations as the Small Business
Administration and the Department of Commerce's Minority Business Development Agency in the solicitation .
. and utilization of small businesses, minority-owned firms and women's business enterprises.
(c) The type of procuring instruments used (e.g.,fixed price contracts, cost reimbursable contracts, purchase orders,
and incentive contracts)shall be determined by the recipient but shall be appropriate for the particular procurement
and for promoting the best interest of the program or project involved.The "cost-plus-a-percentage-of-cost" or
"percentage of construction cost"methods of contracting shall not be used.
•
(d) Contracts shall be made only with responsible contractors who possess the potential ability to perform
successfully under the terms and conditions of the proposed procurement. Consideration shall be given to such
•
http://www.whitehouse.gov/omb/rewrite/cireulars/al 1 0/a 110.html 8./31/2009 1
fferor shall fulfill in order for the bid
or offer to be evaluated by the recipient. Any and all bids or offers may be rejected when it is in the recipient's
interest to do so.
_.44 Procurement procedures. •
(a)All recipients shall establish written procurement procedures. These procedures shall provide for, at a minimum,
that(1), (2)and (3) apply.
(1) Recipients avoid purchasing unnecessary items.
•
(2)Where appropriate, an analysis is made of lease and purchase alternatives to determine which would be
the most economical and practical procurement for the Federal Government.
•
•
(3) Solicitations for goods and services provide for all of the following.
•
•
(i)A clear and accurate description of the technical requirements for the material, product or service
to be procured. In competitive procurements, such a description shall•not contain features which
unduly restrict competition.
(ii) Requirements which the bidder/offeror must fulfill and all other factors to be used in evaluating
bids or proposals.
•
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tate or its
subrecipients. •
•
•
Property Standards •
.30 Purpose of property standards. Sections .31 through .37 set forth uniform standards governing
mononomonf onrl rlicnncifinn of nrnnorfv f, rnichorf by Ike Forlorol (_nvornmonf uihnco rnef,A,oc rhornorl fn-n.nrniorf
•
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•
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raged to allow recipients to submit certifications and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
•
SUBPART C -Post-Award Requirements
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duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
l.1TGUlar 1NO. j-,-1 10 -- U111101111 L-1U1111111JL14L vc i .c 9U11 G111G11 LJ 1V1 1JLcU1LJ ailu Clb'11.1.1111d1... 1 a�j\. c i vi JJ
matters as contractor integrity, record of past performance, financial and technical resources or accessibility to other
. necessary resources. In certain circumstances, contracts with certain parties are restricted by agencies'
implementation'of E.O.s 12549 and 12689, "Debarment and Suspension."
•
•
(e) Recipients shall, on request, make available for the Federal awarding agency, pre-award review and procurement
documents, such as request for proposals or invitations for bids, independent cost estimates, etc., when any of the.
following conditions apply.
•
(1)A recipient's procurement procedures or operation fails to comply with the procurement standards in the
Federal awarding agency's implementation of this Circular. •
• (2)The procurement is expected to exceed the.small purchase threshold fixed at 41 U.S.C. 403 (11)
(currently$25,000) and is to be awarded without competition or only one bid or offer is received in response
• to a solicitation.
•
•
•
(3)The procurement, which is expected to exceed the small purchase threshold, specifies a"brand name"
product.
•
(4)The proposed award over the small purchase threshold is to be awarded to other than the apparent low
bidder under a sealed bid procurement.
(5)A proposed contract modification changes the scope of a contract or increases the contract amount by
more than the amount of the small purchase threshold.
_.45 Cost and price analysis. Some form of cost or price analysis shall be made and documented in the.
procurement files in connection with every procurement action. Price analysis may be accomplished in various ways,
including the comparison of price quotations submitted, market prices and similar indicia, together with discounts.
• Cost analysis is the review and evaluation of each element of cost to determine reasonableness, allocability and
allowability.
.46 Procurement records. Procurement records and files for purchases in excess of the small purchase threshold
shall include the following at a minimum: (a) basis for contractor selection, (b)justification for lack of competition
when competitive bids or offers are not obtained, and(c)basis for award cost or price.
_.47 Contract administration. A system for contract administration shall be maintained to ensure contractor
conformance with the terms, conditions and specifications of the contract and to ensure adequate and timely follow
up of all purchases. Recipients shall evaluate contractor performance and document,as appropriate,whether •
contractors have met the terms, conditions and specifications of the contract.
• _.48 Contract provisions.The recipient shall include, in addition to provisions to define a sound and complete
agreement,the following provisions in all contracts.The following provisions shall also be applied to'subcontracts.
(a) Contracts in excess of the small purchase threshold shall contain contractual provisions or conditions that allow
for administrative,contractual, or legal remedies in instances in which a contractor violates or breaches the contract
terms, and provide for such remedial actions as may be appropriate.
•
•
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ment.
•
•
(3) Solicitations for goods and services provide for all of the following.
•
•
(i)A clear and accurate description of the technical requirements for the material, product or service
to be procured. In competitive procurements, such a description shall•not contain features which
unduly restrict competition.
(ii) Requirements which the bidder/offeror must fulfill and all other factors to be used in evaluating
bids or proposals.
•
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tate or its
subrecipients. •
•
•
Property Standards •
.30 Purpose of property standards. Sections .31 through .37 set forth uniform standards governing
mononomonf onrl rlicnncifinn of nrnnorfv f, rnichorf by Ike Forlorol (_nvornmonf uihnco rnef,A,oc rhornorl fn-n.nrniorf
•
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•
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raged to allow recipients to submit certifications and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
•
SUBPART C -Post-Award Requirements
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10/al 10.html . 8/31/2009
duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
(b)AU contracts in excess of the small purchase threshold shall contain suitable provisions for termination by the
recipient, including the manner by which termination shall be effected and the basis for settlement. In addition, such
contracts shall describe conditions under which the contract may be terminated for default as well as conditions
where the contract may be terminated because of circumstances beyond the control of the contractor.
(c) Except as otherwise required by statute, an award that requires the contracting'(or subcontracting) for
construction or facility improvements shall provide for the recipient to follow its own requirements relating to bid
guarantees, performance bonds,and payment bonds unless the construction contract or subcontract exceeds
$100,000. For those contracts or subcontracts exceeding $100,000, the Federal awarding agency may accept the
bonding policy and requirements of the recipient, provided the Federal awarding agency has made a determination
that the Federal Government's interest is adequately protected. If such a determination has not been made, the
minimum requirements shall be as follows.
(1)A bid guarantee from each bidder equivalent to five percent of the bid price. The"bid guarantee" shall
consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument
accompanying a bid as assurance that the bidder shall, upon acceptance of his bid, execute.such contractual
documents as may be required within the time specified.
(2)A performance bond on the part of the contractor for 100 percent of the contract price. A"performance
bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations
under such contract.
(3)A payment bond on the part of the contractor for 100 percent of the contract price. A"payment bond" is
One executed in connection with a contract to assure payment as required by statute of all persons supplying
labor and material in the execution of the work provided for in the contract.
•
• (4)Where bonds are required in the situations described herein,the bonds shall be obtained from companies
holding certificates of authority as acceptable sureties pursuant to 31 CFR part 223, "Surety Companies
Doing Business with the United States."
(d)All negotiated contracts (except those for less than the small purchase threshold) awarded by recipients shall
include a provision to the effect that the recipient,the Federal awarding agency,the Comptroller General of the
United States, or any of their duly authorized representatives, shall have access to any books, documents, papers
and records of the contractor which are directly pertinent to a specific program for the purpose of making audits,
examinations, excerpts and transcriptions.
•
(e)All contracts, including small purchases, awarded by recipients and their contractors shall contain the
procurement provisions of Appendix A to this Circular, as applicable.
•
Reports and Records
• .50 Purpose of reports and records.Sections ,51 through_.53 set forth the procedures for monitoring and
reporting on the recipient's financial and program performance and the necessary standard reporting forms. They
also set forth record retention requirements.
.51 Monitoring and reporting program performance.
(a)Recipients are responsible for managing and monitoring each project, program, subaward,function or activity
supported by the award. Recipients shall monitor subawards to ensure subrecipients have met the audit
requirements as delineated in Section_.26. •
•
(b)The Federal awarding agency shall prescribe the frequency with which the performance reports shall be
submitted. Except as provided in paragraph_.51(f), performance reports shall not be required more frequently
than quarterly or, less frequently than annually.Annual reports shall be due 90 calendar days after the grant year;
quarterly or semi-annual reports shall be due 30 days after the reporting period. The Federal awarding agency may
require annual reports before the anniversary dates of multiple year awards in lieu of these requirements. The final
performance reports are due 90 calendar days after the expiration or termination of the award.
•
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•
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raged to allow recipients to submit certifications and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
•
SUBPART C -Post-Award Requirements
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10/al 10.html . 8/31/2009
duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
Circular No. A-110 -- Uniform Administrative.Requirements for Grants and Agreemen... Page 29 of 35
•
(c) If inappropriate, a final technical or performance report.shall not be required after completion of the project.
(d) When required, performance reports shall generally contain,for each award, brief information on each of the
following.
•
(1)A comparison of actual accomplishments with the goals and objectives established for the period,the
findings.of the investigator, or both. Whenever appropriate and the output of programs or projects can be
readily quantified, such quantitative data should be related to cost data for computation of unit costs.
•
(2) Reasons why established goals were not met, if appropriate.
(3) Other pertinent information including,when appropriate, analysis and explanation of cost overruns or high
unit costs.
•
•
(e) Recipients shall not be required to submit more than the original and two copies of performance reports.
(f) Recipients shall immediately notify the Federal awarding agency of developments.that have a significant impact
on the award-supported activities.Also, notification shall be given in the case of problems, delays, or adverse
conditions which materially impair the ability to meet the objectives of the award. This notification shall include a
statement of the action taken or contemplated, and any assistance needed to resolve the situation.
(g) Federal awarding agencies may make site visits, as needed.
•
(h) Federal awarding agencies shall comply with clearance requirements of 5 CFR part 1320 when requesting
performance data from recipients.
_.52 Financial reporting.
(a)The following forms or such other forms as may be approved by OMB are authorized for obtaining financial
information from recipients.
(1) SF-269 or SF-269A, Financial Status Report.
•
(i) Each Federal awarding agency shall require recipients to use the SF-269 or SF-269A to report the
status of funds for all nonconstruction projects or programs.A Federal awarding agency may,
however, have the option of not requiring the SF-269 or SF-269A when the SF-270, Request for
Advance or Reimbursement, or SF-272, Report of Federal Cash Transactions, is determined to
• provide adequate information to meet its needs, except that a final.SF-269 or SF-269A shall be
required at the completion of the project when the SF-270 is used only for advances.
•
(ii)The Federal awarding agency shall prescribe whether the report shall be on a cash or accrual
basis. If the Federal awarding agency requires accrual information and the recipients accounting
records are not normally kept on the accrual basis,the recipient shall not be required to convert its
accounting system, but shall develop such accrual information through best estimates based on an
analysis of the documentation on hand.
•
• (iii)The Federal awarding agency shall determine the frequency of the Financial Status Report for
each project or program, considering the size and complexity of the particular project or program.
• However,the report shall not be required more frequently than quarterly or less frequently than
•
annually.A final report shall be required at the completion of the agreement.
(iv)The Federal awarding agency shall require recipients to submit the SF-269 or SF-269A(an
original and no more than two copies)no later than 30 days after the_end of each specified reporting
period for quarterly and semi-annual reports, and 90 calendar days for annual and final reports.
•
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warding agency shall prescribe the frequency with which the performance reports shall be
submitted. Except as provided in paragraph_.51(f), performance reports shall not be required more frequently
than quarterly or, less frequently than annually.Annual reports shall be due 90 calendar days after the grant year;
quarterly or semi-annual reports shall be due 30 days after the reporting period. The Federal awarding agency may
require annual reports before the anniversary dates of multiple year awards in lieu of these requirements. The final
performance reports are due 90 calendar days after the expiration or termination of the award.
•
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•
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raged to allow recipients to submit certifications and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
•
SUBPART C -Post-Award Requirements
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10/al 10.html . 8/31/2009
duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
•
Extensions of reporting due dates may be approved by the Federal awarding agency upon request of
the recipient.
(2) SF-272, Report of Federal Cash Transactions.
(i)When funds are advanced to recipients the Federal awarding agency shall require each recipient to
submit the SF-272 and, when necessary, its continuation sheet, SF-272a. The Federal awarding
agency shall use this report to monitor cash advanced to recipients and to obtain disbursement
information for each agreement with the recipients.
(ii) Federal awarding agencies may require forecasts of Federal cash requirements in the"Remarks"
• section of the report. •
(iii)When practical and deemed necessary, Federal awarding agencies may require recipients to
report in the"Remarks" section the amount of cash advances received in excess of three days.
• Recipients shall provide short narrative explanations of actions taken to reduce the excess balances.
(iv)Recipients shall be required to submit not more than the original and two copies of the SF-272 15
calendar days following the end of each quarter.The Federal awarding agencies may require a
monthly report from those recipients receiving advances totaling$1 million or more per year. •
(v) Federal awarding agencies may waive the requirement for submission of the SF-272 for any one
of the following reasons: (1)When monthly advances do not exceed$25,000 per recipient, provided
• that such advances are monitored through other forms contained in this section; (2) If, in the Federal
• awarding agency's opinion;the recipient's accounting controls are adequate to minimize excessive •
Federal advances; or, (3)When the electronic payment mechanisms provide adequate data.
(b)When the Federal awarding agency needs additional information or more frequent reports, the following shall be
observed.
•
(1)When additional information is needed to comply with legislative requirements, Federal awarding
agencies shall issue instructions to require recipients to submit such information under the"Remarks"section
of the reports.
(2)When a Federal awarding agency determines that a recipient's accounting system does not meet the
standards in Section—21, additional pertinent information to further monitor awards may be obtained upon
written notice to the recipient until such time as the system is brought up to standard.The Federal awarding
agency, in obtaining this information,shall comply with report clearance requirements of 5 CFR part 1320.
(3) Federal awarding agencies are encouraged to shade out any line item on any report if not necessary. .
(4) Federal awarding agencies may accept the identical information from the recipients in machine readable
format or computer printouts or electronic outputs in lieu of prescribed formats.
•
(5) Federal awarding agencies may provide computer or electronic outputs to recipients when such expedites
or contributes to the accuracy of reporting. •
.53 Retention and access requirements for records.
(a)This section sets forth requirements for record retention and access to records for awards to recipients. Federal
awarding agencies shall not impose any other record retention or access requirements upon recipients.
•
•
•
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iginal and no more than two copies)no later than 30 days after the_end of each specified reporting
period for quarterly and semi-annual reports, and 90 calendar days for annual and final reports.
•
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warding agency shall prescribe the frequency with which the performance reports shall be
submitted. Except as provided in paragraph_.51(f), performance reports shall not be required more frequently
than quarterly or, less frequently than annually.Annual reports shall be due 90 calendar days after the grant year;
quarterly or semi-annual reports shall be due 30 days after the reporting period. The Federal awarding agency may
require annual reports before the anniversary dates of multiple year awards in lieu of these requirements. The final
performance reports are due 90 calendar days after the expiration or termination of the award.
•
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•
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raged to allow recipients to submit certifications and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
•
SUBPART C -Post-Award Requirements
http://www.whitehouse.gov/omb/rewrite/circulars/al 10/a l 10.html • 8/31/2009
10/al 10.html . 8/31/2009
duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
Circular No. A-110 -- Uniform Administrative Requirements tor (Jrants and Agreemen... 1'age .31 of 3S
•
(b) Financial records, supporting documents, statistical records, and all other records pertinent to an award shall be
retained for a period of three years from the date of submission of the final expenditure report or,for awards that are
renewed quarterly or annually,from the date of the submission of the quarterly or annual financial report, as
authorized by the Federal awarding agency. The only exceptions are the following. •
(1) If any litigation, claim, or audit is started before the expiration of the 3-year period,the records shall be
retained until all litigation, claims or audit findings involving the records have been resolved and final action
taken.
•
(2) Records for real property and equipment acquired with Federal funds shall be retained for 3 years after
final disposition.
(3)When records are transferred to or maintained by the Federal awarding agency, the 3-year retention •
requirement is not applicable to the recipient.
•
• (4) Indirect cost rate proposals, cost allocations plans, etc. as specified in paragraph—53(g).
(c) Copies of original records may be substituted for the original records if authorized by the Federal awarding
agency.
•
(d)The Federal awarding agency shall request transfer of certain records to its custody from recipients when it
determines that the records possess long term retention value. However, in order to avoid duplicate recordkeeping, a
Federal awarding agency may make arrangements for recipients to retain any records that are continuously needed
for joint use.
•
(e)The Federal awarding agency, the Inspector General, Comptroller General of the United States, or any of their
duly authorized representatives, have the right of timely and unrestricted access to any books,documents, papers,
or other records of recipients that are pertinent to the awards, in order to make audits,examinations, excerpts,
transcripts and copies of such documents.This right also includes timely and reasonable access to a recipient's
personnel for the purpose of interview and discussion related to such documents. The rights of access in this
paragraph are not limited to the required retention period,but shall last as long as records are retained.
•
(f) Unless required by statute, no Federal awarding agency shall place restrictions on recipients that limit public
access to the records of recipients that are pertinent'to an award, except when the Federal awarding agency can
demonstrate that such records shall be kept confidential and would have been exempted from disclosure pursuant to
the Freedom of.Information Act (5 U.S.C. 552)if the records had belonged to the Federal awarding agency.
(g) Indirect cost rate proposals, cost allocations plans,etc. Paragraphs(g)(1) and (g)(2) apply to the following types
of documents, and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and
any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer •
usage chargeback rates or composite fringe benefit rates).
(1) If submitted for negotiation. If the recipient submits to the Federal awarding agency or the subrecipient
• submits•to the recipient the proposal, plan,or other computation to form the basis for negotiation of the rate,
then the 3-year retention period for its supporting records starts on the date of such submission.
•
(2) If not submitted for negotiation. If the recipient is not required to submit to the Federal awarding agency or
• the subrecipient is not required to submit to the recipient the proposal, plan, or other computation for
negotiation purposes,then the 3-year retention period for the proposal, plan, or other computation and its
supporting records starts at the end of the fiscal year(or other accounting period)covered by the proposal,
plan, or other computation.
Termination and Enforcement
•
•
•
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eu of these requirements. The final
performance reports are due 90 calendar days after the expiration or termination of the award.
•
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raged to allow recipients to submit certifications and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
•
SUBPART C -Post-Award Requirements
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duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
.60 Purpose of termination and enforcement. Sections .61 and_.62.set forth uniform suspension,
termination and enforcement procedures.
.61 Termination. •
(a)Awards may be terminated in whole or in part only if(1), (2) or(3) apply. •
(1) By the Federal awarding agency, if a recipient materially fails to comply with the terms and conditions of
an award.
•
(2) By the Federal awarding agency with the consent of the recipient, in which case the two parties shall
agree upon the termination conditions, including the effective date and, in the case of partial termination, the
portion to be terminated.
•
•
• (3) By the recipient upon sending to the Federal awarding agency written notification setting forth the reasons
for such termination,the effective date, and, in the case of partial termination, the portion to be terminated.
However, if the Federal awarding agency determines in the case of partial termination that the reduced or
modified portion of the grant will not accomplish the purposes for which the grant was made, it may terminate
the grant in its entirety under either paragraphs (a)(1)or(2). •
(b) If costs are allowed under an award, the responsibilities of the recipient referred to in_paragraph .71(a),
including those for property management as applicable, shall be considered in the termination of the award, and
provision shall be made for continuing responsibilities of the recipient after termination, as appropriate.
.62 Enforcement.
• (a) Remedies for noncompliance. If a recipient materially fails to comply with the terms and conditions of an award,
whether stated in a Federal statute, regulation, assurance, application, or notice of award,the Federal awarding
agency may, in addition to imposing any of the special conditions outlined in Section_.14,take one or more of the
following actions, as appropriate in the circumstances.
•
• (1)Temporarily withhold cash payments pending correction of the deficiency by the recipient or more severe
enforcement action by the Federal awarding agency. .
•
(2) Disallow (that is, deny both use of funds and any applicable matching credit for)all or part of the cost of
the activity or action not in compliance.
•
•
(3)Wholly or partly suspend or terminate the current award.
(4) Withhold further awards for the project or program.
(5)Take other remedies that may be legally available.
(b) Hearings and appeals. In taking an enforcement action, the awarding agency shall provide the recipient an
opportunity for hearing, appeal, or other administrative proceeding to which the recipient is entitled under any statute
or regulation applicable to the action involved.
(c) Effects of suspension and termination. Costs of a recipient resulting from obligations incurred by the recipient
during a suspension or after termination of an award are not allowable unless the awarding agency expressly
authorizes them in the notice of suspension or termination or subsequently. Other recipient costs during suspension
or after termination which are necessary and not reasonably avoidable are allowable if(1)and (2) apply.
(1)The costs result from obligations which were properly incurred by the recipient before the effective date of
suspension or termination, are not in anticipation of it,and in the case of a termination, are noncancellable. <
•
(2)The costs would be allowable if the award were not suspended or expired normally at the end of the
funding period in which the termination takes effect.
•
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e recipient the proposal, plan, or other computation for
negotiation purposes,then the 3-year retention period for the proposal, plan, or other computation and its
supporting records starts at the end of the fiscal year(or other accounting period)covered by the proposal,
plan, or other computation.
Termination and Enforcement
•
•
•
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eu of these requirements. The final
performance reports are due 90 calendar days after the expiration or termination of the award.
•
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raged to allow recipients to submit certifications and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
•
SUBPART C -Post-Award Requirements
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duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
Circular No. A-1 1 U -- Unitorm Administrative tequirements for uranis WILL figreeiuen... r agc .J- 01
(d)Relationship to debarment and suspension. The enforcement remedies identified in this section, including •
suspension and termination, do not preclude a recipient from being subject to debarment and suspension under
E.O.s 12549 and 12689 and the Federal awarding agency implementing regulations (see Section_.13).
SUBPART D-After-the-Award Requirements
.70 Purpose. Sections_.71 through .73 contain closeout procedures and other procedures for subsequent
disallowances and adjustments.
_.71 Closeout procedures. •
(a) Recipients shall submit,within 90 calendar days after the date of completion of the award, all financial,
performance,and other reports as required by the terms and conditions of the award. The Federal awarding agency
may approve extensions when requested by the recipient.
(b)Unless the Federal awarding agency authorizes an extension, a recipient shall liquidate all obligations incurred
under the,award not later than 90 calendar days after the funding period or the date of completion as specified in the
terms and conditions of the award or in agency implementing instructions.
•
• (c)The Federal awarding agency shall make prompt payments to a recipient for allowable reimbursable costs under
• the award being closed out.
•
(d)The recipient shall promptly refund any balances of unobligated cash that the Federal awarding agency has
advanced or paid and that is not authorized to be retained by the recipient for use in other projects. OMB Circular A-
129 governs unreturned amounts that become delinquent debts.
•
(e)When authorized by the terms and conditions of the award,the Federal awarding agency shall make a settlement
for any upward or downward adjustments to the Federal share of costs after closeout reports are received.
(f)The recipient shall account for any real and personal property acquired with Federal funds or received from the
Federal Government in accordance with Sections_.31 through_.37.
(g) In the event a final audit has not been performed prior to the closeout of an award, the Federal awarding agency
shall retain the right to recover an appropriate amount after fully considering the recommendations on disallowed
costs resulting from the final audit.
•
72 Subsequent adjustments and continuing responsibilities.
(a)The closeout of an award does not affect any of the following.
(1)The right of the Federal awarding agency to disallow costs and recover funds on the basis of a later audit
or other review. .
(2)The obligation of the recipient to return any funds due as a result of later refunds, corrections, or other
transactions.
•
(3)Audit requirements in Section .26. •
(4) Property management requirements in Sections_.31 through_.37.
•
• (5) Records retention as required in Section_.53.
(b)After closeout of an award, a relationship created under an award may be modified or ended in whole or in part
with the consent of the Federal awarding agency and the recipient, provided the responsibilities of the recipient
referred to in paragraph_.73(a), including those for property management as applicable, are considered and
provisions made for continuing responsibilities of the recipient, as appropriate.
.73 Collection of amounts due.
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t suspended or expired normally at the end of the
funding period in which the termination takes effect.
•
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e recipient the proposal, plan, or other computation for
negotiation purposes,then the 3-year retention period for the proposal, plan, or other computation and its
supporting records starts at the end of the fiscal year(or other accounting period)covered by the proposal,
plan, or other computation.
Termination and Enforcement
•
•
•
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eu of these requirements. The final
performance reports are due 90 calendar days after the expiration or termination of the award.
•
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•
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raged to allow recipients to submit certifications and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
•
SUBPART C -Post-Award Requirements
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duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
(a)Any funds paid to a recipient in excess of the amount to which the recipient is finally determined to be entitled
under the terms and conditions of the award constitute a debt to the Federal Government. If not paid within a •
reasonable period after the demand for payment, the Federal awarding agency may reduce the debt by (1), (2) or
(3)•
(1) Making an administrative offset against other requests for reimbursements.
(2) Withholding advance payments otherwise due to the recipient.
(3)Taking other action permitted by statute.
(b) Except as otherwise provided by law, the Federal awarding agency shall charge interest on an overdue debt in
•
accordance with 4 CFR Chapter II, "Federal Claims Collection Standards."
Appendix A
Contract Provisions
All contracts, awarded by a recipient including small purchases, shall contain the following provisions as applicable:
• 1. Equal Employment Opportunity -All contracts shall,contain a provision requiring compliance with E.O. 11246,
"Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity,"and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract
Compliance Programs, Equal Employment Opportunity, Department of Labor."
2. Copeland"Anti-Kickback"Act(18 U.S.C. 874 and 40 U.S.C. 276c)-All contracts and subgrants in excess of
. $2000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance
with the Copeland"Anti-Kickback"Act (18 U.S.C. 874), as supplemented by Department of Labor regulations(29
CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by
Loans or Grants from the United States").The Act provides that each contractor or subrecipient shall be prohibited •
from inducing, by any means, any person employed in the construction,completion, or repair of public work, to give
up any part of the compensation to which he is otherwise entitled.The recipient shall report all suspected or reported
violations to the Federal awarding agency.
3. Davis-Bacon Act, as amended(40 U.S.C. 276a to a-7) -When required by Federal program legislation, all
construction contracts awarded by the recipients and subrecipients of more than$2000 shall include a provision for
compliance with the Davis-Bacon Act (40 U.S.C. 276a to a-7)arid as supplemented by Department of Labor
regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and
• Assisted Construction"). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a
rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition,
Contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract
shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or
reported violations to the Federal awarding agency.
•
4. Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333)-Where applicable, all contracts awarded
by.recipients in excess of$2000 for construction contracts and in excess of$2500 for other contracts that involve the
employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the
Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333), as supplemented by Department of Labor
regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages
of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not less than 1 '%times the basic rate
of nav for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is aonlicahle to
•
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u of these requirements. The final
performance reports are due 90 calendar days after the expiration or termination of the award.
•
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•
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raged to allow recipients to submit certifications and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
•
SUBPART C -Post-Award Requirements
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duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
Lircular IVO. A 1 1 V -- Unilcrrn Liu1111111JU LUVG 1v1 »b-- -�- _
•
•
construction work and provides that no laborer or mechanic shall be required to work in surroundings or under
working conditions which are unsanitary, hazardous or dangerous.These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation
or transmission of intelligence.
5. Rights to Inventions Made Under a Contract or Agreement- Contracts or agreements for the performance of
experimental, developmental, or research work shall provide for the rights of the Federal Government and the
'recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and
any implementing regulations issued by the awarding agency. .
• 6.Clean Air Act(42 U.S.C. 7401 et seq.)and the Federal Water Pollution Control Act(33 U.S.C. 1251 et seq.),
as amended-Contracts and subgrants of amounts in excess of$100,000 shall contain a provision that requires the
recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act
(42 U.S.C. 7401 et seq.)and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.).
Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection
Agency (EPA)..
•
7. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)-Contractors who apply or bid for an award of$100,000 or
• more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee
of any agency,a member of Congress, officer or employee of Congress, or an employee of a member of Congress
in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier
shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal
•
award. Such disclosures are forwarded from tier to tier up to the recipient.
•
8. Debarment and Suspension(E.O.s 12549 and 12689)- No contract shall be made to parties listed on the
General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs
in accordance with E.O.s 12549 and 12689,"Debarment and Suspension."This list contains the names of parties
debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or
regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall
provide the required certification regarding its exclusion status and that of its principal employees.
• Return to Top
•
•
•
•
•
•
•
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ork Hours and Safety Standards Act(40 U.S.C. 327-333)-Where applicable, all contracts awarded
by.recipients in excess of$2000 for construction contracts and in excess of$2500 for other contracts that involve the
employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the
Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333), as supplemented by Department of Labor
regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages
of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not less than 1 '%times the basic rate
of nav for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is aonlicahle to
•
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u of these requirements. The final
performance reports are due 90 calendar days after the expiration or termination of the award.
•
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•
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raged to allow recipients to submit certifications and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
•
SUBPART C -Post-Award Requirements
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duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
� xhibif7
MEMORANDUM TO FILE
RE: SECTION 504 ACCESSIBILITY REQUIREMENTS
PROJECT: Habitat For Humanity of Omaha, Inc.
Nebraska Stabilization Program
New construction at seven scattered sites within the North Omaha
Neighborhood Revitalization Strategy Area
x The above named project is not exempt from Section 504 Accessibility Requirements.
Accessibility modifications required:
Per guidance from our HUD area office, multiple single-family homes in one program
should be treated as a multi-family project. New multifamily units shall be designed and
constructed to be readily accessible to and usable by individuals with handicaps. A
minimum of five percent of the total dwelling units or at least one unit shall be made
accessible for persons with mobility impairments. A unit that is on an accessible route
and is adaptable is considered accessible. An additional two percent of the units or at
least one unit shall be made accessible for persons with hearing or vision impairments.
The above named project is exempt from Section 504 Accessibility Requirements for the
following reason(s):
7 440
1
a
/o
Ed Dantzler, De - o iment Section Manager e
f 2 — (-O/
Marian Carling, Section 5006fficer Date
amended (33 U.S.C. 1251 et seq.).
Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection
Agency (EPA)..
•
7. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)-Contractors who apply or bid for an award of$100,000 or
• more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee
of any agency,a member of Congress, officer or employee of Congress, or an employee of a member of Congress
in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier
shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal
•
award. Such disclosures are forwarded from tier to tier up to the recipient.
•
8. Debarment and Suspension(E.O.s 12549 and 12689)- No contract shall be made to parties listed on the
General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs
in accordance with E.O.s 12549 and 12689,"Debarment and Suspension."This list contains the names of parties
debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or
regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall
provide the required certification regarding its exclusion status and that of its principal employees.
• Return to Top
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ork Hours and Safety Standards Act(40 U.S.C. 327-333)-Where applicable, all contracts awarded
by.recipients in excess of$2000 for construction contracts and in excess of$2500 for other contracts that involve the
employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the
Contract Work Hours and Safety Standards Act(40 U.S.C. 327-333), as supplemented by Department of Labor
regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages
of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not less than 1 '%times the basic rate
of nav for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is aonlicahle to
•
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u of these requirements. The final
performance reports are due 90 calendar days after the expiration or termination of the award.
•
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raged to allow recipients to submit certifications and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
•
SUBPART C -Post-Award Requirements
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duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
• L..111,U.1 Cif C1-1LL L.VJL I.1111L.1}J1l.J 1V1 1VV11-11V11L CL6G 1 Vl .J't
txlii bit G
•
•
•
•
CIRCULAR NO. A-122
•
Revised May io, 2004
TO THE HEADS OF EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS •
SUBJECT: Cost Principles for Non-Profit Organizations
1. Purpose.This Circular establishes principles for determining costs of grants, contracts and other agreements with
non-profit organizations. It does not apply to colleges and universities which are covered by Office of Management
.and Budget(OMB) Circular A-21, "Cost Principles for Educational Institutions"; State, local, and federally recognized
Indian tribal governments which are covered by OMB Circular A-87, "Cost.Principles for State, Local, and Indian
Tribal Governments"; or hospitals. The principles are designed to provide that the Federal Government bear its fair
share of costs except where restricted or prohibited by law. The principles do not attempt to prescribe the extent of
cost sharing or matching on grants, contracts, or other agreements. However, such cost sharing or matching shall
not be accomplished through arbitrary limitations on individual cost elements by Federal agencies. Provision for profit
•or other increment above cost is outside the scope of this Circular.
•
2. Supersession. This Circular supersedes cost principles issued by individual agencies for non-profit organizations.
3. Applicability.
•
a. These principles shall be used by all Federal agencies in determining the costs of work performed by non-
profit organizations under grants, cooperative agreements, cost reimbursement contracts, and other •
contracts in which costs are used in pricing, administration, or settlement. All of these instruments are
hereafter referred to as awards. The principles do not apply to awards under which an organization is not
required to account to the Federal Government for actual costs incurred.
b. All cost reimbursement subawards(subgrants, subcontracts,etc.)are subject to those Federal cost principles
applicable to the particular organization concerned.Thus, if a subaward is to a non-profit organization,this
Circular shall apply; if a subaward is to a commercial organization, the cost principles applicable to
commercial concerns shall apply; if a subaward is to a college or university, Circular A-21 shall apply; if a
subaward is to a State, local, or federally recognized Indian tribal government, Circular A-87 shall apply.
•
4. Definitions. • •
•
a. Non-profit organization means any corporation, trust, association, cooperative, or other organization which: .
(1) is operated primarily for scientific, educational, service, charitable, or similar purposes in the public
• interest; •
(2) is not organized primarily for profit; and
(3) uses its net proceeds to maintain, improve, and/or expand its operations. For this purpose, the
term"non-profit organization"excludes(i)colleges and universities; (ii)hospitals; (iii) State, local, and
federally recognized Indian tribal governments; and (iv)those non-profit organizations which are
excluded from coverage of this Circular in accordance with paragraph 5.
b. Prior approval means securing the awarding agency's permission in advance to incur cost for those items
that are designated as requiring prior approval by the Circular. Generally this permission will be in writing.
Where an item of cost requiring prior approval is specified in the budget of an award,.approval of the budget
constitutes approval of that cost.
5. Exclusion of some non-profit organizations. Some non-profit organizations, because of their size and nature of
operations,can be considered to be similar to commercial concerns for purpose of applicability of cost principles.
Such non-profit organizations shall operate under Federal cost principles applicable to commercial concerns.A
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onlicahle to
•
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u of these requirements. The final
performance reports are due 90 calendar days after the expiration or termination of the award.
•
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raged to allow recipients to submit certifications and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
•
SUBPART C -Post-Award Requirements
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duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
listing of these organizations is contained iri Attachment C. Other organizations may be added from time to time.
6. Responsibilities. Agencies responsible for administering programs that involve awards to non-profit organizations
shall implement the provisions of this Circular. Upon request, implementing instruction shall be furnished to OMB.
Agencies shall designate a liaison official to serve as the agency representative on matters relating to the •
implementation of this Circular. The name and title of such representative shall be furnished to OMB within 30 days
of the date of this Circular.
7.Attachments. The principles and related policy guides are set forth in the following Attachments:
Attachment A- General Principles
Attachment B- Selected Items of Cost
•
Attachment C- Non-Profit Organizations Not Subject To This Circular
8. Requests for exceptions. OMB may grant exceptions to the requirements of this Circular when permissible under
existing law. However, in the interest of achieving maximum uniformity, exceptions will be permitted only in highly
unusual circumstances.
9. Effective Date.The provisions of this Circular are effective immediately. Implementation shall be phased in by
incorporating the provisions into new awards made after the start of the organization's next fiscal year. For existing
awards, the new principles may be applied if an organization and the cognizant Federal agency agree. Earlier
implementation, or a delay in implementation of individual provisions, is also permitted by mutual agreement
between an organization and the cognizant Federal agency.
•
10. Inquiries. Further information concerning this Circular may be obtained by contacting the Office of Federal
Financial Management, OMB, Washington, DC 20503,telephone (202) 395-3993.
Attachments
ATTACHMENT A
Circular No.A-122
•
GENERAL PRINCIPLES
Table of Contents
A. Basic Considerations
1. Composition of total costs
2. Factors affecting allowability of costs
•
3. Reasonable costs
4. Allocable costs
5. Applicable credits
6. Advance understandings •
7. Conditional exemptions
B. Direct Costs
•
C. Indirect Costs
D. Allocation of Indirect Costs and Determination of Indirect Cost Rates
1. General
•
2. Simplified allocation method
3. Multiple allocation base method
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•
•
a. Non-profit organization means any corporation, trust, association, cooperative, or other organization which: .
(1) is operated primarily for scientific, educational, service, charitable, or similar purposes in the public
• interest; •
(2) is not organized primarily for profit; and
(3) uses its net proceeds to maintain, improve, and/or expand its operations. For this purpose, the
term"non-profit organization"excludes(i)colleges and universities; (ii)hospitals; (iii) State, local, and
federally recognized Indian tribal governments; and (iv)those non-profit organizations which are
excluded from coverage of this Circular in accordance with paragraph 5.
b. Prior approval means securing the awarding agency's permission in advance to incur cost for those items
that are designated as requiring prior approval by the Circular. Generally this permission will be in writing.
Where an item of cost requiring prior approval is specified in the budget of an award,.approval of the budget
constitutes approval of that cost.
5. Exclusion of some non-profit organizations. Some non-profit organizations, because of their size and nature of
operations,can be considered to be similar to commercial concerns for purpose of applicability of cost principles.
Such non-profit organizations shall operate under Federal cost principles applicable to commercial concerns.A
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onlicahle to
•
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u of these requirements. The final
performance reports are due 90 calendar days after the expiration or termination of the award.
•
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raged to allow recipients to submit certifications and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
•
SUBPART C -Post-Award Requirements
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duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
i 1...... �V JI 1 1111V1F1\+O lvl 1vu11-i 1u111 VigC1111G0.11u11J rage .1 UI J•
•
5. Special indirect cost rates
E. Negotiation and Approval of Indirect Cost Rates
1. Definitions
2. Negotiation and approval of rates
•
ATTACHMENT A
Circular No. A-122
GENERAL PRINCIPLES
A. Basic Considerations •
•
1. Composition of total costs.The total cost of an award is the sum of the allowable direct and allocable indirect costs
less any applicable credits.
2. Factors affecting allowability of costs. To be allowable under an award, costs must meet the following general
criteria:
a. Be reasonable for the performance of the award and be allocable thereto under these principles.
b. Conform to any limitations or exclusions set forth in these principles or in the award as to types or amount of
cost items.
•
c. Be consistent with policies and procedures that apply uniformly to both federally financed and other activities
. of the organization. .
d. Be accorded consistent treatment. •
e. Be determined in accordance with generally accepted accounting principles (GAAP).
f. Not be.included as a cost or used to meet cost sharing or matching requirements of any other federally
financed program in either the current or a prior period.
•
g. Be adequately documented.
3. Reasonable costs. A cost is reasonable if, in its nature or amount, it does not exceed that which would be incurred
by a prudent person under the circumstances prevailing at the time the decision was made to incur the costs. The .
question of the reasonableness of specific costs must be scrutinized with particular care in connection with
organizations or separate divisions thereof which receive the preponderance of their support from awards made by
Federal agencies. In determining the reasonableness of a given cost, consideration shall be given to:
a. Whether the cost is of a type generally recognized as ordinary and necessary for the operation of the
organization or the performance of the award.
b. The restraints or requirements imposed by such factors as•generally accepted sound business practices,
arms length bargaining, Federal and State laws and regulations, and terms and conditions of the award.
c. Whether the individuals concerned acted with prudence in the circumstances, considering their
responsibilities to the organization, its members,.employees,.and clients,the public at large, and the Federal
Government.
d. Significant deviations from the established practices of the organization which may unjustifiably increase the
• award costs.
4:Allocable costs.
a. A cost is allocable to a particular cost objective, such as'a grant, contract,project, service, or.other activity, in
accordance with the relative•benefits received.A cost is allocable to a Federal award if it is treated
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term"non-profit organization"excludes(i)colleges and universities; (ii)hospitals; (iii) State, local, and
federally recognized Indian tribal governments; and (iv)those non-profit organizations which are
excluded from coverage of this Circular in accordance with paragraph 5.
b. Prior approval means securing the awarding agency's permission in advance to incur cost for those items
that are designated as requiring prior approval by the Circular. Generally this permission will be in writing.
Where an item of cost requiring prior approval is specified in the budget of an award,.approval of the budget
constitutes approval of that cost.
5. Exclusion of some non-profit organizations. Some non-profit organizations, because of their size and nature of
operations,can be considered to be similar to commercial concerns for purpose of applicability of cost principles.
Such non-profit organizations shall operate under Federal cost principles applicable to commercial concerns.A
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onlicahle to
•
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u of these requirements. The final
performance reports are due 90 calendar days after the expiration or termination of the award.
•
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w.whitehouse.gov/omb/rewrite/circulars/al 1 0/a 110.html • 8/31/2009
•
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raged to allow recipients to submit certifications and representations required by
statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships
with the agency. Annual certifications and representations shall be signed by responsible officials with the authority
to ensure recipients'compliance with the pertinent requirements.
•
SUBPART C -Post-Award Requirements
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duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
consistently with other costs incurred for the same purpose in like circumstances and if it:
(1) Is incurred specifically for the award.
(2) Benefits both the award and other work and can be distributed in reasonable proportion to the benefits
received,or
(3) Is necessary to the overall operation of the organization, although a direct relationship to any particular
cost objective.cannot be shown.
b. Any cost allocable to a particular award or other cost objective under these principles may not be shifted to
other Federal awards to overcome funding deficiencies, or to avoid restrictions imposed by law or by the
terms of the award.
•
5.Applicable credits.
a. The term applicable credits refers to those receipts, or reduction.of expenditures which operate to offset or
reduce expense items that are allocable to awards as direct or indirect costs. Typical examples of such
transactions are: purchase discounts, rebates or allowances, recoveries or indemnities on losses, insurance
refunds, and adjustments of overpayments or erroneous charges.To the extent that such credits accruing or
received by the organization relate to allowable cost,they shall be credited to the Federal Government either
as a cost reduction or cash refund, as appropriate. •
b. In some instances,the amounts received from the Federal Government to finance organizational activities or
service operations should be treated as applicable credits. Specifically, the concept of netting such credit
items against related expenditures should be applied bythe organization in determining the rates or amounts
9 P Pp 9
to be charged to Federal awards for services rendered whenever the facilities or other resources used in
providing such services have been financed directly,in whole or in part, by Federal funds.
c. For rules covering program income (i.e., gross income earned from federally supported activities) see Sec.
.24 of Office of Management and Budget(OMB) Circular A-110, "Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations."
6. Advance understandings. Under any given award,the reasonableness and allocability of certain items of costs
may be difficult to determine. This is particularly true in connection with organizations that receive a preponderance
of their support from Federal agencies. In order to avoid subsequent disallowance or dispute based on
unreasonableness or nonallocability, it is often desirable to seek a written agreement with the cognizant or awarding
agency in advance of the incurrence of special or unusual costs. The absence of an advance agreement on any
element of cost will not, in itself, affect the reasonableness or allocability of that element.
7. Conditional exemptions.
a. OMB authorizes conditional exemption from OMB administrative requirements and cost principles circulars
• for certain Federal programs with statutorily-authorized consolidated planning and consolidated .
administrative funding, that are identified by a Federal agency and approved by the head of the Executive
department or establishment.A Federal agency shall consult with OMB during its consideration of whether to
grant such an exemption.
b. To promote efficiency in State and local program administration, when Federal non-entitlement programs with
common purposes have specific statutorily-authorized consolidated planning and consolidated administrative
funding and where most of the State agency's resources come from non-Federal sources, Federal agencies
may exempt these covered State-administered, non-entitlement grant programs from certain OMB grants
management requirements. The exemptions would be from all but the allocability of costs provisions of OMB
Circulars A-87(Attachment A, subsection C.3), "Cost Principles for State, Local, and Indian Tribal
Governments,"A-21 (Section C, subpart 4), "Cost Principles for Educational Institutions,"and A-122
(Attachment A, subsection A.4), "Cost Principles for Non-Profit Organizations,"and from all of the
administrative requirements provisions of OMB Circular A-110, "Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations,"
and the agencies'grants management common rule.
c. When a Federal agency provides this flexibility, as a prerequisite to a State's exercising this option, a State
must adopt its own written fiscal and administrative requirements for expending and accounting for all funds,
which are consistent with the provisions of OMB Circular A-87, and extend such policies to all subrecipients.
These fiscal and administrative requirements must be sufficiently specific to ensure that:funds are used in
compliance with all applicable Federal statutory and regulatory provisions, costs are reasonable and
•
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10/al 10.html . 8/31/2009
duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
..vas....r a A. aa..✓� vv.a� r rarrvrrv.� 1v1 1♦v11 11V11, V16U111 L,u�l V11J 1 UV, ✓ VI J'T
necessary for operating these programs, and funds are not be used for general expenses required to carry
out other responsibilities of a State or its subrecipients.
B. Direct Costs
1. Direct costs are those that can be identified specifically with a particular final cost objective, i.e., a particular
award, project, service,or other direct activity of an organization. However, a cost may not be assigned to an award
as a direct cost if any other cost incurred for the same purpose, in like circumstance, has been allocated to an award
as an indirect cost. Costs identified specifically with awards are direct costs of the awards and are to be assigned
directly thereto..Costs identified specifically with other final cost objectives of the organization are direct costs of
those cost objectives and are not to be assigned to other awards directly or indirectly.
2. Any direct cost of a minor amount may be treated as an indirect cost for reasons of practicality where the
accounting treatment for such cost is consistently applied to all final cost objectives.
3.The cost of certain activities are not allowable as charges to Federal awards(see, for example,fundraising costs.
in paragraph 17 of Attachment B). However, even though these costs are unallowable for purposes of computing
charges to Federal awards,they nonetheless must be treated as direct costs for purposes of determining indirect
cost rates and be allocated their share of the.organization's indirect costs if they represent activities which (1)include
the salaries of personnel, (2)occupy space, and(3) benefit.from the organization's indirect costs.
4.The costs of activities performed primarily as a service to members, clients, or the general public when significant
and necessary to the organization's mission must be treated as direct costs whether or not allowable and be
allocated an equitable share of indirect costs. Some examples of these types of activities include:
a. Maintenance of membership rolls, subscriptions, publications, and related functions.
b. Providing services and information to members, legislative or administrative bodies, or the public.
•
c. Promotion, lobbying, and other forms of public relations.
d. Meetings and conferences except those held to conduct the general administration of the organization.
e. Maintenance, protection, and investment of special funds not used in operation of the organization.
f. Administration of group benefits on behalf of members or clients, including life and hospital insurance,
• annuity or retirement plans,financial aid, etc.
C. Indirect Costs
1. Indirect costs are those that have been incurred for common or joint objectives and cannot be readily identified
with a particular final cost objective. Direct cost of minor amounts may be treated as indirect costs under the
conditions described in subparagraph B.2. After direct costs have been determined and assigned directly to awards
or other work as appropriate, indirect costs are those remaining to be allocated to benefiting cost objectives.A cost
may not be allocated to an award as an indirect cost if any other cost incurred for the same purpose, in like
circumstances, has been assigned to an award as a direct cost.
•2. Because of the diverse characteristics and accounting practices of non-profit organizations, it is not possible to
specify the types of cost which may be classified as indirect cost in all situations. However,typical examples of
indirect cost for many non-profit organizations may include depreciation or use allowances on buildings and
equipment,the costs of operating and maintaining facilities, and general administration and general expenses, such
as the salaries and expenses of executive officers, personnel administration, and accounting.
3. Indirect costs shall be classified within two broad categories:"Facilities"and"Administration.""Facilities" is defined
as depreciation and use allowances on buildings, equipment and capital improvement, interest on debt associated •
with certain buildings, equipment and capital improvements, and operations and maintenance expenses.
"Administration" is defined as general administration and general expenses such as the director's office, accounting,
personnel, library expenses and all other types of expenditures not listed specifically under one of the subcategories
of"Facilities" (including cross allocations from other pools,where applicable). See indirect cost rate reporting
requirements in subparagraphs D.2.e and D.3.g.
•
D. Allocation of Indirect Costs and Determination of Indirect Cost Rates
•
http://wvvvv.Whitehouse.gov/omb/rewrite/circulars/al 22/al 22_2004.html 8/31/2009
s must be sufficiently specific to ensure that:funds are used in
compliance with all applicable Federal statutory and regulatory provisions, costs are reasonable and
•
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w.whitehouse.gov/omb/rewrite/circulars/al 10/a l 10.html • 8/31/2009
10/al 10.html . 8/31/2009
duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
•
1. General.
a.. Where a non-profit organization has only one major function, or where all its major functions benefit from its
indirect costs to approximately the same degree, the allocation of indirect costs and the computation of an
indirect cost rate may be accomplished through simplified allocation procedures, as described in •
subparagraph 2.
•
b. Where an organization has several major functions which benefit from its indirect costs in varying degrees,
allocation of indirect costs may require the accumulation of such costs into separate cost groupings which
then are allocated individually to benefiting functions by means of a base which best measures the relative
degree of benefit. The indirect costs allocated to each function are then distributed to individual awards and
other activities included in that function by means of an indirect cost rate(s).
c. The determination of what constitutes an organization's major functions will depend on its purpose in being;
the types of services it renders to the public, its clients, and its members; and the amount of effort it devotes
to such activities as fundraising, public information and membership activities.
•
d. Specific methods for allocating indirect costs and computing indirect cost rates along with the conditions
under which each method should be used are described in subparagraphs 2 through 5.
e. The base period for the allocation of indirect costs is the period in which such costs are incurred and
accumulated for allocation to work performed in that period.The base period normally should coincide with
the organization's fiscal year but, in any event, shall be so selected as to avoid inequities in the allocation of
the costs.
•
2. Simplified allocation method.
a. Where an organization's major functions benefit from its indirect costs to approximately the same degree,the
allocation of indirect costs may be accomplished by(i) separating the organization's total costs for the base
period as either direct or indirect, and(ii) dividing the total allowable indirect.costs (net of applicable credits)
by an equitable distribution base. The result of this process is an indirect cost rate which is used to distribute
indirect costs to individual awards. The rate should be expressed as the percentage which the total amount of
allowable indirect costs bears to the base selected. This method should also be used where an organization
has only one major function encompassing a number of individual projects or activities, and may be used •
where the level of Federal awards to an organization is relatively small.
b. Both the direct costs and the indirect costs shall exclude capital expenditures and unallowable costs.
However, unallowable costs which represent activities must be included in the direct costs under the
conditions described in subparagraph B.3.
c. The distribution base may be total direct costs (excluding capital expenditures and other distorting items,
such as major subcontracts or subgrants), direct salaries and wages, or other base which results in an
• equitable distribution.The distribution base shall generally exclude participant support costs as defined in
paragraph 32 of Attachment B.
d. Except where a special rate(s) is required in accordance with subparagraph 5, the indirect cost rate
developed under the above principles is applicable to all awards at the organization. If a special rate(s) is
required, appropriate modifications shall be made in order to develop the special rate(s). •
e. For an organization that receives more than $10 million in Federal funding of direct costs in a fiscal year, a
breakout of the indirect cost component into two broad categories, Facilities and Administration as defined in
subparagraph C.3, is required. The rate in each case shall be stated as the percentage which the amount of
the particular indirect cost category (i.e., Facilities or Administration) is of the distribution base identified with
that category.
3. Multiple allocation base method
a. General. Where an organization's indirect costs benefit its major functions in varying degrees, indirect costs
shall be accumulated into separate cost groupings, as described in subparagraph b. Each grouping shall then
be allocated individually to benefitting functions by means of a base which best measures the relative
benefits.The default allocation bases by cost pool are described in subparagraph c.
b. Identification of indirect costs. Cost groupings shall be established so as to permit the allocation of each
grouping on the basis of benefits provided to the major functions. Each grouping shall constitute a pool of
expenses that are of like character in terms of functions they benefit and in terms of the allocation base which
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
hitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
w.whitehouse.gov/omb/rewrite/circulars/al 10/a l 10.html • 8/31/2009
10/al 10.html . 8/31/2009
duty to control its employees while they are on the job
site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession
any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
D. If and when requested by Railroad,Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work
(the"Safety Plan"). Railroad shall have the right, but not the obligation,to require Contractor to correct any deficiencies in the
Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety
Plan.
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
Circular A-122, Cost Principles tor Non-Profit Organizations Page 7 of 34
•
best measures the relative benefits provided to each function.The groupings are classified within the two
broad categories: "Facilities" and"Administration," as described in subparagraph C.3. The indirect cost pools
are defined as follows:
(1) Depreciation and use allowances.The expenses under this heading are the portion of the costs of the
organization's buildings, capital improvements to land and buildings, and equipment which are computed in
accordance with paragraph 11 of Attachment B ("Depreciation and use allowances").
(2) Interest. Interest on debt associated with certain buildings, equipment and capital improvements are
computed in accordance with paragraph 23 of Attachment B ("Interest"). •
(3) Operation and maintenance expenses.The expenses under this heading are those that have been
incurred for the administration, operation, maintenance, preservation, and protection of the organization's
physical plant.They include expenses normally incurred for such items as:janitorial and utility services;
repairs and ordinary or normal alterations of buildings,furniture and equipment; care of grounds;
maintenance and operation of buildings and other plant facilities; security; earthquake and disaster
preparedness; environmental safety; hazardous waste disposal; property, liability.and other insurance
relating to property; space and capital leasing;facility planning and management; and,central receiving. The
operation and maintenance expenses category shall also include its allocable share of fringe benefit costs,
depreciation and use allowances,and interest costs. .
(4) General administration and general expenses.The expenses under this heading are those that have been
incurred for the overall general executive and administrative offices of the organization and other expenses of
a general nature which do not relate solely to any major function of the organization. This category shall also
include its allocable share of fringe benefit costs, operation and maintenance expense, depreciation and use •
allowances, and interest costs. Examples of this category include central offices, such as the director's office,
the office of finance, business services, budget and planning, personnel, safety and risk management,
general counsel, management information systems, and library costs. •
In developing this cost pool, special care should be exercised to ensure that costs incurred for the same
purpose in like circumstances are treated consistently as either direct or indirect costs. For example, salaries
of technical staff, project supplies, project publication,telephone toll charges, computer costs, travel costs,
and specialized services costs shall be treated as direct costs wherever identifiable to a particular program. •
The salaries and wages of administrative and pooled clerical staff should normally be treated as indirect
costs. Direct charging of these costs may be appropriate where a major project or activity explicitly requires
and budgets for administrative or clerical services and other individuals involved can be identified with the
• program or activity. Items such as office supplies, postage, local telephone costs, periodicals and
memberships should normally be treated as indirect costs.
c. Allocation bases.Actual conditions shall be taken into account in selecting the base to be used in allocating
the expenses in each grouping to benefitting functions. The essential consideration in selecting a method or a
base is that it is the one best suited for assigning the pool of costs to cost objectives in accordance with
benefits'derived; a traceable cause and effect relationship; or logic and reason,where neither the cause nor
the effect of the relationship is determinable.When an allocation can be made by assignment of a cost
grouping directly-to the function benefited,the allocation shall be made in that manner: When the expenses in
a cost grouping are more general in nature, the allocation shall be made through the use of a selected base
which produces results that are equitable to both the Federal Government and the organization.The
distribution shall be made in accordance with the bases described herein unless it can be demonstrated that
the use of a different base would result in a more equitable allocation of the costs, or that a more readily
available base would not increase the costs charged to sponsored awards.The results of special cost studies
(such as an engineering utility study) shall not be used to determine and allocate the indirect costs to
sponsored awards.
•
(1) Depreciation and use allowances. Depreciation and use allowances expenses shall be allocated in the
. followingmanner:
•
(a) Depreciation or use allowances on buildings used exclusively in the conduct of a single function,
and on capital improvements and equipment used in such buildings, shall be assigned to that
function.
(b) Depreciation or use allowances on buildings used for more than one function, and on capital
improvements and equipment used in such buildings, shall be allocated to the individual functions
performed in each building on the basis of usable square feet of space, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
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•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
allocated to the benefitting functions on the basis of:
(i)the employees and other users on a full-time equivalent(FTE) basis or salaries and wages
of those individual functions benefitting from the use of that space; or
• (ii) organization-wide employee FTEs or salaries and wages applicable to the benefitting
•
functions of the organization.
(d) Depreciation or use allowances on certain capital improvements to land, such as paved parking
areas,fences, sidewalks, and the like, not included in the cost of buildings, shall be allocated to user
categories on a FTE basis and distributed to major functions in proportion to the salaries and wages
of all employees applicable to the functions.
(2) Interest. Interest costs shall be allocated in the same manner as the depreciation or use allowances on
the buildings, equipment and capital equipments to which the interest relates.
(3) Operation and maintenance expenses. Operation and maintenance expenses shall be allocated in.the
same manner as the depreciation and use allowances.
•
(4) General administration and general expenses. General administration and general expenses shall be
allocated to benefitting functions based on modified total direct costs(MTDC), as described in subparagraph
D.3.f. The expenses included in this category could be grouped first according to major functions of the
organization to which they render services or provide benefits.The aggregate expenses of each group shall
then be allocated to benefitting functions based on MTDC.
d. Order of distribution.
•
•
(1) Indirect cost categories consisting of depreciation and use allowances, interest, operation and
maintenance, and general administration and general expenses shall be allocated in that order to the
remaining indirect cost categories as well as to the major functions of the organization. Other cost categories
could be allocated in the order determined to be most appropriate by the organization. When cross allocation
of costs is made as provided in subparagraph (2),this order of allocation does not apply.
(2) Normally, an indirect cost category will be considered closed once it has been allocated to other cost
objectives, and costs shall not be subsequently allocated to it. However, a cross allocation of costs between
two or more indirect costs categories could be used if such allocation will result in a more equitable allocation
of costs. If a cross allocation is used, an appropriate modification to the composition of the indirect cost
categories is required.
e. Application of indirect cost rate or rates. Except where a special indirect cost rate(s) is required in accordance
with subparagraph D.5, the separate groupings of indirect costs allocated to each major function shall be •
aggregated and treated as a common pool for that function.The costs in the common pool shall then be
distributed to individual awards included in that function by use of a single indirect cost rate.
f. Distribution basis. Indirect costs shall be distributed to applicable sponsored awards and other benefitting
activities within each major function on the basis of MTDC. MTDC consists of all salaries and wages, fringe
benefits, materials and supplies, services,travel, and subgrants and subcontracts up to the first$25,000 of
each subgrant or subcontract(regardless of the period covered by the subgrant or subcontract). Equipment,
capital expenditures, charges for patient care, rental costs and the portion in excess of$25,000 shall be
excluded from MTDC. Participant support costs shall generally be excluded from MTDC. Other items may
only be excluded when the Federal cost cognizant agency determines that an exclusion is necessary,to avoid
a serious inequity in the distribution of indirect costs.
g. Individual Rate Components.An indirect cost rate shall be determined for each separate indirect cost pool
developed.The rate in each case shall be stated as the percentage which the amount of the particular
indirect cost pool is of the distribution base identified with that pool. Each indirect cost rate negotiation or
determination agreement shall include development.of the rate for each indirect cost pool as well as the
overall indirect cost rate. The indirect cost pools shall be classified within two broad categories: "Facilities"
and"Administration,"as described in subparagraph C.3. '
4. Direct allocation method. •
•
a. Some non-profit organizations treat all costs as direct costs except gerieral administration and general
expenses. These organizations generally separate their costs into three basic categories: (i)General
administration and general expenses, (ii)fundraising, and(iii)other direct functions (including projects
performed under Federal awards). Joint costs, such as.depreciation, rental costs, operation and maintenance
of forilifiec tolenhnne ovnencee onrl the GLe ore nrnrotorl e direr}rnete to eorh rotennnr onrl 4n
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
tion, and on capital
improvements and equipment used in such buildings, shall be allocated to the individual functions
performed in each building on the basis of usable square feet of space, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
Circular A-122, Cost Principles for Non-Profit Organizations Page 9 of 34
•
each award or other activity using a base most appropriate to the particular cost being prorated.
b. This method is acceptable, provided each joint cost is prorated using a base which accurately measures the
benefits provided to each award or other activity.The bases must be established in accordance with
reasonable criteria, and be supported by current data. This method is compatible with the Standards of
Accounting and Financial Reporting for Voluntary Health and Welfare Organizations issued jointly by the
National Health Council, Inc., the National Assembly of Voluntary Health and Social Welfare Organizations,
and the United Way of America.
c. Under this method, indirect costs consist exclusively of general administration and general expenses. In all
• other respects,the organization's indirect cost rates shall be computed in the same manner as that described
in subparagraph 2.
•
5. Special indirect cost rates. In some instances, a single indirect cost rate for all activities of an organization or for
each major function of the organization may not be appropriate, since it would not take into account those different
factors which may substantially affect the indirect costs applicable to a particular segment of work. For this purpose,
a particular segment of work may be that performed under a single award or it may consist of work under a group of
awards performed in a common environment.These factors may include the physical location of the work,the level
of administrative support required, the nature of the facilities or other resources employed, the scientific disciplines or
technical skills involved,the organizational arrangements used, or any combination thereof. When a particular
segment of work is performed in an environment which appears to generate a significantly different level of indirect
costs, provisions should be made for a separate indirect cost pool applicable to such work. The separate indirect
cost pool should be developed during the course of the regular allocation process,and the separate indirect cost rate
resulting therefrom should be used, provided it is determined that(i)the rate differs significantly from that which
would have been obtained under subparagraphs 2, 3, and 4, and (ii)the volume of work to which the rate would
apply is material.
•
E. Negotiation and Approval of Indirect Cost Rates •
•
1. Definitions. As used in this section,the following terms have the meanings set forth below:
a. Cognizant agency means the Federal agency responsible for negotiating and approving indirect cost rates for
a non-profit organization on behalf of all Federal agencies.
b. Predetermined rate means an indirect cost rate, applicable to a specified current or future period, usually the
organization's fiscal year. The rate is based on an estimate of the costs to be incurred during the period.A
predetermined rate is not subject to adjustment.
•
•
c. Fixed rate means an indirect cost rate which has the same characteristics as a predetermined rate, except
that the difference between the estimated costs and the actual costs of the period covered by the rate is
carried forward as an adjustment to the rate computation of a subsequent period.
d. Final rate means an indirect cost rate applicable to a specified past period which is based on the actual.costs
of the period. A final rate is not subject to adjustment.
e. Provisional rate or billing rate means a temporary indirect cost rate applicable to a specified period which is
used for funding, interim reimbursement, and reporting indirect costs on awards pending the establishment of
a final rate for the period.
f. Indirect cost proposal means the documentation prepared by an organization to substantiate its.claim for the
reimbursement of indirect costs. This proposal provides the basis for the review and negotiation leading to
the establishment of an organization's indirect cost rate.
g. Cost objective means a function, organisational subdivision, contract, grant,or other work unit for which cost
data are desired and for which provision is made to accumulate and measure the cost of processes, projects,
jobs and capitalized projects.
•
2. Negotiation and approval of rates.
•
a. Unless different arrangements are agreed to by the agencies concerned,the Federal agency with.the largest
dollar value of awards with an organization will be designated as the cognizant agency for the negotiation
and approval of the indirect cost rates and,where necessary, other rates such as fringe benefit and computer •
charge-out rates. Once an agency is assigned cognizance for a particular non-profit organization, the
assignment will not be changed unless there is a major long-term shift in the dollar volume of the Federal
awards to the organization. All concerned Federal agencies shall be given the opportunity to participate in the
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
, shall be allocated to the individual functions
performed in each building on the basis of usable square feet of space, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
•
negotiation process but, after a rate has been agreed upon, it will be accepted by all Federal agencies. When
a Federal agency has reason to believe that special operating factors affecting its awards necessitate special
indirect cost rates in accordance with subparagraph D.5, it will, prior to the time the rates are negotiated,
notify the cognizant agency.
b. A non-profit organization which has not previously established an indirect cost rate with a Federal agency
shall submit its initial indirect.cost proposal immediately after the organization is advised that an award will be
made and, in no event, later than three months after the effective date of the award.
c. Organizations that have previously established indirect cost rates must submit a new indirect cost proposal to
the cognizant agency within six months after the close of each fiscal year. •
d. A predetermined rate may be negotiated for use on awards where there is reasonable assurance, based on
past experience and reliable projection of the organization's costs,that the rate is not likely to exceed a rate
based on the organization's actual costs.
e. Fixed rates may be negotiated where predetermined rates are not considered appropriate. A fixed rate,
however, shall not be negotiated if(i) all or a substantial portion of the organization's awards are expected to
expire before the carry-forward adjustment can be made; (ii)•the mix of Federal and non-Federal work at the
organization is too erratic to permit an equitable carry-forward adjustment; or(iii)the organization's
operations fluctuate significantly from year to year. •
f. Provisional and final rates shall be negotiated where neither predetermined nor fixed rates are appropriate.
g. The results of each negotiation shall be formalized in a written agreement between the cognizant agency and
the non-profit organization. The cognizant agency shall distribute copies of the agreement to all concerned .
Federal agencies.
h. If a dispute arises in a negotiation of an indirect cost rate between the cognizant agency and the non-profit
organization, the dispute shall be resolved in accordance.with the appeals procedures of the cognizant •
agency.
•
i. To the extent that problems are encountered among the Federal agencies in connection with the negotiation
and approval process, OMB will lend assistance as required to resolve such problems in a timely manner.
•
• ATTACHMENT B
• Circular No.A-122
SELECTED ITEMS OF COST
Table of Contents
•
1. •Advertising and public relations costs •
2. Advisory councils
3. Alcoholic beverages •
4. Audit costs and related services
5. Bad debts
6. Bonding costs .
7. Communication costs
8. Compensation for personal services •
. 9. Contingency provisions
10. Defense and prosecution of criminal and civil proceedings, claims, appeals and patent infringement •
11. Depreciation and use allowances
12. Donations and contributions
13. Employee morale, health, and welfare costs •
14. Entertainment costs
15. Equipment and other capital expenditures
16. Fines and penalties •
17. Fund raising,and investment management costs
• 18. Gains and losses on depreciable assets •
19. Goods or services for personal use
20. Housing and personal living expenses •
21. Idle facilities and idle capacity •
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
pecified period which is
used for funding, interim reimbursement, and reporting indirect costs on awards pending the establishment of
a final rate for the period.
f. Indirect cost proposal means the documentation prepared by an organization to substantiate its.claim for the
reimbursement of indirect costs. This proposal provides the basis for the review and negotiation leading to
the establishment of an organization's indirect cost rate.
g. Cost objective means a function, organisational subdivision, contract, grant,or other work unit for which cost
data are desired and for which provision is made to accumulate and measure the cost of processes, projects,
jobs and capitalized projects.
•
2. Negotiation and approval of rates.
•
a. Unless different arrangements are agreed to by the agencies concerned,the Federal agency with.the largest
dollar value of awards with an organization will be designated as the cognizant agency for the negotiation
and approval of the indirect cost rates and,where necessary, other rates such as fringe benefit and computer •
charge-out rates. Once an agency is assigned cognizance for a particular non-profit organization, the
assignment will not be changed unless there is a major long-term shift in the dollar volume of the Federal
awards to the organization. All concerned Federal agencies shall be given the opportunity to participate in the
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
, shall be allocated to the individual functions
performed in each building on the basis of usable square feet of space, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
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•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
circular A-1L1, Lost Principles tor Non-Protit Organizations Page 11 of 34
22. Insurance and indemnification
23. Interest
24. Labor relations costs
25. Lobbying
26. Losses on other sponsored agreements or contracts
27. Maintenance and repair costs
28. Materials and supplies costs
29. Meetings and conferences
30. Memberships, subscriptions, and professional activity costs
31. Organization costs
32. Page charges in professional journals •
33. Participant support costs
34. Patent costs •
35. Plant and homeland security costs
36. Pre-agreement costs
37. Professional services costs
•
38. Publication and printing costs
39. Rearrangement and alteration costs
40. Reconversion costs
41. Recruiting costs
42. Relocation costs
43. Rental costs of buildings and equipment
44. Royalties and other costs for use of patents and copyrights
45. Selling and marketing •
46. Specialized service facilities
47. Taxes •
48. Termination costs applicable to sponsored agreements
49. Training costs , •
50. Transportation costs
51. Travel costs
52. Trustees
ATTACHMENT B
Circular No.A-122
SELECTED ITEMS OF COST
•
Paragraphs 1 through 53 provide principles to be applied in establishing the allowability of certain items of cost.
These principles apply whether a cost is treated as direct or indirect. Failure to mention a particular item of cost is not
intended to imply that it is unallowable; rather;determination as to allowability in each case should be based on the
treatment or principles provided for similar or related items of cost.
1. Advertising and public relations costs.
. a. The term advertising costs means the costs of advertising media and corollary administrative costs.
Advertising media include magazines, newspapers, radio and television, direct mail, exhibits, electronic or •
computer transmittals, and the like. •
b. The term public relations includes community relations and means those activities dedicated to maintaining
the image of the non-profit organization or maintaining or promoting understanding and favorable relations
with the community or public at large or any segment of the public.
•
c. The only,allowable advertising costs are those which are solely for:
(1)The recruitment of personnel required for the performance by the non-profit organization of obligations
arising under a Federal award (See also Attachment B, paragraph 41, Recruiting costs, and paragraph 42,
Relocation costs); •
(2).The procurement of goods and services for the performance of a Federal award;
(3)The disposal of scrap or surplus materials acquired in the performance of a Federal award except when
non-profit organizations are reimbursed for disposal costs at a predetermined amount; or
(4) Other specific purposes necessary to meet the requirements of the Federal award.
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ealth, and welfare costs •
14. Entertainment costs
15. Equipment and other capital expenditures
16. Fines and penalties •
17. Fund raising,and investment management costs
• 18. Gains and losses on depreciable assets •
19. Goods or services for personal use
20. Housing and personal living expenses •
21. Idle facilities and idle capacity •
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
pecified period which is
used for funding, interim reimbursement, and reporting indirect costs on awards pending the establishment of
a final rate for the period.
f. Indirect cost proposal means the documentation prepared by an organization to substantiate its.claim for the
reimbursement of indirect costs. This proposal provides the basis for the review and negotiation leading to
the establishment of an organization's indirect cost rate.
g. Cost objective means a function, organisational subdivision, contract, grant,or other work unit for which cost
data are desired and for which provision is made to accumulate and measure the cost of processes, projects,
jobs and capitalized projects.
•
2. Negotiation and approval of rates.
•
a. Unless different arrangements are agreed to by the agencies concerned,the Federal agency with.the largest
dollar value of awards with an organization will be designated as the cognizant agency for the negotiation
and approval of the indirect cost rates and,where necessary, other rates such as fringe benefit and computer •
charge-out rates. Once an agency is assigned cognizance for a particular non-profit organization, the
assignment will not be changed unless there is a major long-term shift in the dollar volume of the Federal
awards to the organization. All concerned Federal agencies shall be given the opportunity to participate in the
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
, shall be allocated to the individual functions
performed in each building on the basis of usable square feet of space, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
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•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
•
d. The only allowable public relations costs are:
(1) Costs specifically required by the Federal award;
(2) Costs of communicating with the public and press pertaining to specific activities or accomplishments
which result.from performance of Federal awards(these costs are considered necessary as part of the
outreach effort for the Federal award); or
(3) Costs of conducting general liaison with news media and government public relations officers, to the
extent that such activities are limited to communication and liaison necessary keep the public informed on
matters of public concern, such as notices of Federal contract/grant awards,financial matters, etc.
e. Costs identified in subparagraphs c and d if incurred for more than one Federal award or for both sponsored
work and other work of the non-profit organization, are allowable to the extent that the principles in
Attachment A, paragraphs B. ("Direct Costs") and C. ("Indirect Costs")are observed.
•
f. Unallowable advertising,and public relations costs include the following:
(1)All advertising and public relations costs other than as specified in subparagraphs c, d, and e; (2)Costs of
meetings, conventions, convocations, or other events related to other activities of the non-profit organization,
including:
(a) Costs of displays,demonstrations, and exhibits;
(b) Costs of meeting rooms, hospitality suites, and other special facilities used in conjunction with
shows and other special events; and
•
(c) Salaries and wages of employees engaged in setting up and displaying exhibits, making
demonstrations, and providing briefings; .
(3) Costs of promotional items and memorabilia, including models, gifts, and souvenirs; •
(4) Costs of advertising and public relations designed solely.to promote the non-profit organization.
2.Advisory Councils •
Costs incurred by advisory councils or committees are allowable as a direct cost where authorized by the Federal
awarding agency or as an indirect cost where allocable to Federal awards.
3.Alcoholic beverages. Costs of alcoholic beverages are unallowable. •
•
4.Audit costs and related services •
a. The costs of audits required by, and performed in accordance with,the Single Audit Act, as implemented by
Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations"are allowable. Also see
31 USC 7505(b) and section 230("Audit Costs")of Circular A-133.
•
b. Other audit costs are allowable if included in an indirect cost rate proposal, or if specifically approved.by the
awarding agency as a direct cost to an award.
c. The cost of agreed-upon procedures engagements to monitor subrecipients who are exempted from A-133
under section 200(d) are allowable, subject to the conditions listed in A-133, section 230 (b)(2).
5. Bad debts. Bad debts, including losses(whether actual or estimated)arising from uncollectable accounts and
other claims, related collection costs, and related legal costs, are unallowable.
6. Bonding costs.
•
a. Bonding costs arise when the Federal Government requires assurance against financial loss to itself or
others by reason of the act or default of the non-profit organization.They arise also in instances where the
• non-profit organization requires similar assurance. Included are such bonds as bid, performance, payment,
advance payment, infringement, and fidelity bonds.
b• Costs of bonding required pursuant to the terms of the award are allowable.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
indirect costs on awards pending the establishment of
a final rate for the period.
f. Indirect cost proposal means the documentation prepared by an organization to substantiate its.claim for the
reimbursement of indirect costs. This proposal provides the basis for the review and negotiation leading to
the establishment of an organization's indirect cost rate.
g. Cost objective means a function, organisational subdivision, contract, grant,or other work unit for which cost
data are desired and for which provision is made to accumulate and measure the cost of processes, projects,
jobs and capitalized projects.
•
2. Negotiation and approval of rates.
•
a. Unless different arrangements are agreed to by the agencies concerned,the Federal agency with.the largest
dollar value of awards with an organization will be designated as the cognizant agency for the negotiation
and approval of the indirect cost rates and,where necessary, other rates such as fringe benefit and computer •
charge-out rates. Once an agency is assigned cognizance for a particular non-profit organization, the
assignment will not be changed unless there is a major long-term shift in the dollar volume of the Federal
awards to the organization. All concerned Federal agencies shall be given the opportunity to participate in the
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
, shall be allocated to the individual functions
performed in each building on the basis of usable square feet of space, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
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•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
l 1rcutar A-1LG, ost rnncipies for ivon-rront vrganlzauons rage ii of i4
•
•
C. Costs of bonding required by the non-profit organization in the general conduct of its operations are allowable
to the extent that such bonding is in accordance with sound business practice and the rates and premiums
are reasonable under the circumstances.
7. Communication costs. Costs incurred for telephone services, local and long distance telephone calls, telegrams,
postage, messenger, electronic or computer transmittal services and the like are allowable.
8. Compensation for personal services.
•
• a. Definition. Compensation for personal services includes all compensation paid currently or accrued by the
organization for services of employees rendered during the period of the award (except as otherwise
provided in subparagraph h). It includes, but is not limited to, salaries,wages, director's and executive
committee member's fees, incentive awards,fringe benefits, pension plan costs, allowances for off-site pay,
incentive pay, location allowances, hardship pay, and cost of living differentials.
b. Allowability. Except as otherwise specifically provided in this paragraph, the costs of such compensation are
allowable to the extent that:
(1)Total compensation to individual employees is reasonable for the services rendered and conforms to the
established policy of the organization consistently applied to both Federal and non-Federal activities; and
(2) Charges to awards whether treated as direct or indirect costs are determined and supported as required
in this paragraph.
c. Reasonableness.
•
(1)When the organization is predominantly engaged in activities other than those sponsored by the Federal
• Government, compensation for employees on federally sponsored work will be considered reasonable to the
extent that it is consistent with that paid for similar work in the organization's other activities.
(2)When the organization is predominantly engaged in federally sponsored activities and in cases where the
kind of employees required for the Federal activities are not found in the organization's other activities,
compensation for employees on federally sponsored work will be considered reasonable to the extent that it
is comparable to that paid for similar work in the labor markets in which the organization competes for the
kind of employees involved.
d. Special considerations in determining allowability. Certain conditions require special consideration and
possible limitations in determining costs under Federal awards where amounts or types of compensation
appear unreasonable, Among such conditions are the following:
•
(1) Compensation to members of non-profit organizations,trustees, directors, associates, officers, or the
immediate families thereof. Determination should be made that such compensation is reasonable for the
actual personal services rendered rather than a distribution of earnings in excess of costs.
. (2)Any change in an organization's compensation policy resulting in a substantial increase in the
organization's level of compensation, particularly when it was concurrent with an increase in the ratio of
Federal'awards to other activities of the organization or any change in the treatment of allowability of specific
types of compensation due to changes in Federal policy.
e. Unallowable costs. Costs which are unallowable under other paragraphs of this Attachment shall not be
allowable under this paragraph solely on the basis that they constitute personal compensation.
• f. Overtime, extra-pay shift, and multi-shift premiums. Premiums for overtime, extra-pay shifts, and multi-shift
work are allowable only with the prior approval of the awarding agency except:
(1) When necessary to cope with emergencies, such as those resulting from accidents, natural disasters,
breakdowns of equipment, or occasional operational bottlenecks of a sporadic nature.
(2)When employees are performing indirect functions, such as administration, maintenance, or accounting.
• (3) In the performance of tests, laboratory procedures, or other similar operations which are continuous in
.nature and cannot reasonably be interrupted or otherwise completed.
(4)When lower overall cost to the Federal Government will result.
•
http://www.Whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.html • 8/31/2009
talized projects.
•
2. Negotiation and approval of rates.
•
a. Unless different arrangements are agreed to by the agencies concerned,the Federal agency with.the largest
dollar value of awards with an organization will be designated as the cognizant agency for the negotiation
and approval of the indirect cost rates and,where necessary, other rates such as fringe benefit and computer •
charge-out rates. Once an agency is assigned cognizance for a particular non-profit organization, the
assignment will not be changed unless there is a major long-term shift in the dollar volume of the Federal
awards to the organization. All concerned Federal agencies shall be given the opportunity to participate in the
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
, shall be allocated to the individual functions
performed in each building on the basis of usable square feet of space, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
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•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
g. Fringe benefits.
•
(1) Fringe benefits in the form of regular compensation paid to employees during periods of authorized
absences from the job, such as vacation leave, sick leave, military leave, and the like, are allowable, provided
such costs are absorbed by all organization activities in proportion to the relative amount of time or effort
actually devoted to each.
(2)Fringe benefits in the form of employer contributions or expenses for social security, employee insurance,
workmen's compensation insurance, pension plan costs(see subparagraph h), and the like, are allowable,
provided such benefits are granted in accordance with established written organization policies. Such
•
benefits whether treated as indirect costs or as direct costs, shall be distributed to particular awards and
.other activities in a manner consistent with the pattern of benefits accruing to the individuals or group of
employees,whose salaries and wages are chargeable to such awards and other activities.
(3)(a) Provisions for a reserve under a self-insurance program for unemployment compensation or workers'
compensation are allowable to the extent that the provisions represent reasonable estimates of the liabilities
for such compensation,and the types of coverage, extent of coverage, and rates and premiums would have
been allowable had insurance been purchased to cover the risks. However, provisions for self-insured
liabilities which do not become payable for more than one year after the provision is made shall not exceed
the present value of the liability.
•
(b)Where an organization follows a consistent policy of expensing actual payments to, or on behalf
of, employees or former employees for unemployment compensation or workers'compensation, such
payments are allowable in the year of payment with the prior approval of the awarding agency,
provided they are allocated to all activities of the organization.
(4) Costs of insurance on the lives of trustees, officers, or other employees holding positions of similar
responsibility are allowable only to the extent that the insurance represents additional compensation. The
costs of such insurance when the organization is named as beneficiary are unallowable.
h. Organization-furnished automobiles.That portion of the cost of organization-furnished automobiles that
relates to personal use by employees(including transportation to and from work) is unallowable as fringe
benefit or indirect costs regardless of whether the cost is reported as taxable income to the employees.
These costs are allowable as direct costs to sponsored award when necessary for the performance of the
sponsored award and approved by awarding agencies.
i. Pension plan costs.
•
(1) Costs of the organization's pension plan which are incurred in accordance with the established policies of
the organization are allowable, provided:
(a) Such policies meet the test of reasonableness;
(b)The methods of cost allocation are not discriminatory; •
(c)The cost assigned to each fiscal year is determined in accordance with generally accepted
accounting principles(GAAP),as prescribed in Accounting Principles Board Opinion No. 8 issued by
the American Institute of Certified Public Accountants; and
(d)The costs assigned to a given fiscal year are funded for all plan participants within six months after .
the end of that year. However, increases to normal and past service pension costs caused by a delay
in funding the actuarial liability beyond 30 days after each quarter of the year to which such costs are
assignable are unallowable.
(2) Pension plan termination insurance premiums paid pursuant to the Employee Retirement Income Security
Act.(ERISA) of 1974 (Pub. L. 93-406)are allowable. Late payment charges on such premiums are
unallowable.
•
(3) Excise taxes on accumulated funding deficiencies and other penalties imposed under ERISA are
unallowable.
•
j. Incentive compensation. Incentive compensation to employees based on cost reduction, or efficient
performance, suggestion awards,safety awards, etc., are allowable to the extent that the overall
compensation is determined to be reasonable and such costs are paid or accrued pursuant to an agreement
entered into in good faith between the organization and the employees before the services were rendered, or
pursuant to an established plan followed by the organization so consistently as to imply, in effect, an .
agreement to make such payment.
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/al22 2004.html 8/31/2009
indirect cost rates and,where necessary, other rates such as fringe benefit and computer •
charge-out rates. Once an agency is assigned cognizance for a particular non-profit organization, the
assignment will not be changed unless there is a major long-term shift in the dollar volume of the Federal
awards to the organization. All concerned Federal agencies shall be given the opportunity to participate in the
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
, shall be allocated to the individual functions
performed in each building on the basis of usable square feet of space, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
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•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
t.:ircular A-1GL, host Principles tor Non-Profit organizations Page 15 of 34
•
k. Severance pay.
(1) Severance pay, also commonly referred to as dismissal wages, is a payment in addition to regular
salaries and wages, by organizations to workers whose employment is being terminated. Costs of severance
pay are allowable only to the extent that in each case, it is required by
(a) law, •
•
(b) employer-employee agreement,
(c) established policy that constitutes, in effect, an implied agreement on the organization's part, or
(d) circumstances of the particular employment.
(2)Costs of severance payments are divided into two categories as follows:
(a)Actual normal turnover severance payments shall be allocated to all activities; or,where the
organization provides for a reserve for normal severances, such method will be acceptable if the
charge to current operations is reasonable in light of payments actually made for normal severances
over a representative past period, and if amounts charged are allocated to all activities of the
• organization.
(b)Abnormal or mass severance pay is of such a conjectural nature that measurement of costs by •
means of an accrual will not achieve equity to both parties. Thus, accruals for this purpose are not
allowable. However,the Federal Government recognizes its obligation to participate,to the extent of
its fair share, in any specific payment.Thus, allowability will be considered on a case-by-case basis in
the event or occurrence.
(c) Costs incurred in certain severance pay packages (commonly known as"a golden parachute"
payment)which are in an amount in excess of the normal severance pay paid by.the organization to
• an employee upon termination of employment and are Raid to the employee contingent upon a
change in management control over, or ownership of, the organization's assets are unallowable.
(d) Severance payments to foreign nationals employed by the organization outside the United States,
to the extent that the amount exceeds the customary or prevailing practices for the organization in the
United States are unallowable, unless they are necessary for the performance of Federal programs
and approved by awarding agencies.
(e) Severance payments to foreign nationals employed by the organization outside the United States
due to the termination of the foreign national as a result of the closing of, or curtailment of activities
by,the organization in that country, are unallowable, unless they are necessary for the performance
of Federal programs and approved by awarding agencies.
I. Training costs. See paragraph 49.
m. Support of salaries and wages.
(1)Charges to awards for salaries and wages,whether treated as direct costs or indirect costs, will be based
on documented payrolls approved by a responsible official(s)of the organization.The distribution of salaries
and wages to awards must be supported by personnel activity reports,as prescribed in subparagraph(2),
except when a substitute system has been approved in writing by the cognizant agency. (See subparagraph
E.2 of Attachment A.)
(2) Reports reflecting the distribution of activity of each employee must be maintained for all staff members
(professionals and nonprofessionals)whose compensation is charged, in whole or in part,directly to awards.
In addition, in order to support the allocation of indirect costs,such reports must also be maintained for other
employees whose work involves two or more functions or activities if a distribution of their compensation
between such functions or activities is needed in the determination of the organization's indirect cost rate(s)
(e.g., an employee engaged part-time in indirect cost activities and part-time in a direct function). Reports
maintained by non-profit organizations to satisfy these requirements must meet the following standards:
(a)The reports must reflect an after-the-fact determination of the actual activity of each employee.
Budget estimates(i.e., estimates determined before the services are performed) do not qualify as
support for charges.to awards.
•
(b) Each report must account for the total activity for which employees are compensated and which is
required in fulfillment of their obligations to the organization.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 1 22_2004.html 8/31/2009
t to an agreement
entered into in good faith between the organization and the employees before the services were rendered, or
pursuant to an established plan followed by the organization so consistently as to imply, in effect, an .
agreement to make such payment.
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/al22 2004.html 8/31/2009
indirect cost rates and,where necessary, other rates such as fringe benefit and computer •
charge-out rates. Once an agency is assigned cognizance for a particular non-profit organization, the
assignment will not be changed unless there is a major long-term shift in the dollar volume of the Federal
awards to the organization. All concerned Federal agencies shall be given the opportunity to participate in the
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
, shall be allocated to the individual functions
performed in each building on the basis of usable square feet of space, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
(c) The reports must be signed by the individual employee, or by a responsible supervisory official
having first hand knowledge of the activities performed by the employee,that the distribution of
activity represents a reasonable estimate of the actual work performed by the employee during the
periods covered by the reports.
(d)The reports must be prepared at least monthly and must coincide with one or more pay periods.
(3)Charges for the salaries and wages of nonprofessional employees, in addition to the supporting
documentation described in subparagraphs (1) and (2), must also be supported by records indicating the total
number of hours worked each day maintained in conformance with Department of Labor regulations •
implementing the Fair Labor Standards Act(FLSA) (29 CFR Part 516). For this purpose,the term
"nonprofessional employee"shall have the same meaning as"nonexempt employee," under FLSA.
•
(4) Salaries and wages of employees used in meeting cost sharing or matching requirements on awards
must be supported in the same manner as salaries and wages claimed for reimbursement from awarding
agencies.
9. Contingency provisions. Contributions to a contingency reserve or any similar provision made for events the
• occurrence of which cannot be foretold with certainty as to time, intensity, or with an assurance of their happening,
are unallowable.
•
The term "contingency reserve"excludes self-insurance reserves (see Attachment B, paragraphs 8.g. (3) and 22.a(2)
(d)); pension funds (see paragraph 8.1): and reserves for normal severance pay (see paragraph 8.k.)
•
10. Defense and prosecution of criminal and civil proceedings, claims, appeals and patent infringement.
a. Definitions.
(1)Conviction, as used herein, means a judgment or a conviction of a criminal offense by any court of
competent jurisdiction, whether entered upon as a verdict or a plea, including a conviction due to a plea of
nolo contendere.
(2)Costs include, but are not limited to, administrative and clerical expenses;the cost of legal services,
whether performed by in-house or private counsel; and the costs of the services of accountants, consultants,
or others retained by the organization to assist it; costs of employees, officers and trustees, and any similar
costs incurred before, during, and after commencement of a judicial or administrative proceeding that bears a
direct relationship to the proceedings.
(3)Fraud, as used herein, means (i) acts of fraud corruption or attempts to defraud the Federal Government
. or to corrupt its agents, (ii)acts that constitute a cause for debarment or suspension (as specified in agency
regulations), and (iii) acts which violate the False Claims Act, 31 U.S.C., sections 3729-3731, or the Anti-
Kickback Act,41 U.S.C., sections 51 and 54.
(4) Penalty does not include restitution, reimbursement, or compensatory damages.
(5)Proceeding includes an investigation. •
b. (1)Except as otherwise described herein, costs incurred in connection with any criminal, civil or •
administrative proceeding (including filing of a false certification)commenced by the Federal Government, or
a State, local or foreign government, are not allowable if the proceeding: (1) relates to a violation of, or failure
to comply with,a Federal, State, local or foreign statute or regulation by the organization (including its agents
and employees), and (2) results in any of the following dispositions:
(a) In a•criminal proceeding, a conviction.
(b) In a civil or administrative proceeding involving an allegation of fraud or similar misconduct, a
determination of organizational liability.
(c) In the case of any civil or administrative proceeding, the imposition of a monetary penalty.'
(d)A final decision by an appropriate Federal official to debar or suspend the organization, to rescind
or void an award, or to terminate an award for default by reason of a violation or failure to comply with
a law or regulation.
(e)A disposition by consent or compromise, if the action could have resulted in any of the dispositions
described in (al. (b). (c)or(d).
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
/a 122/a 1 22_2004.html 8/31/2009
t to an agreement
entered into in good faith between the organization and the employees before the services were rendered, or
pursuant to an established plan followed by the organization so consistently as to imply, in effect, an .
agreement to make such payment.
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/al22 2004.html 8/31/2009
indirect cost rates and,where necessary, other rates such as fringe benefit and computer •
charge-out rates. Once an agency is assigned cognizance for a particular non-profit organization, the
assignment will not be changed unless there is a major long-term shift in the dollar volume of the Federal
awards to the organization. All concerned Federal agencies shall be given the opportunity to participate in the
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
, shall be allocated to the individual functions
performed in each building on the basis of usable square feet of space, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
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•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
k.ir;uiar 1-1-1 LL, wSL rriueipies 101 ivuu-rruiii vrgauuzauuus rage i i of .'-+
•
•
(2) If more than one proceeding involves the same alleged misconduct, the costs of all such proceedings
shall be.unallowable if any one of them results in one of the dispositions shown in subparagraph b.(1). •
c. If a proceeding referred to in subparagraph b is commenced by the Federal Government and is resolved by
consent.or compromise pursuant to an agreement entered into by the organization and the Federal
Government, then the costs incurred by the organization in connection with such proceedings that are
otherwise not allowable under subparagraph b may be allowed to the extent specifically provided in such
agreement.
•
d. If a proceeding referred to in subparagraph b is commenced by a State, local or foreign government, the
authorized Federal official may allow the costs incurred by the organization for such proceedings, if such
authorized official determines that the costs were incurred as a result of(1) a specific term or condition of a
federally sponsored award, or(2) specific written direction of an authorized official of the sponsoring agency.
e. . Costs incurred in connection with proceedings described in subparagraph b, but which are not made
unallowable by that subparagraph, may be allowed by the Federal Government, but only to the extent that:
(1)The costs are reasonable in relation to the activities required to deal with the proceeding and the
underlying cause of action;
(2) Payment of the costs incurred, as allowable and allocable costs, is not prohibited by any other provision
(s) of the sponsored award;
•
• (3)The costs are not otherwise recovered from the Federal Government or a third party, either directly as a
result of the proceeding or otherwise; and,
(4)The percentage of costs allowed does not exceed the percentage determined by an authorized Federal
official to be appropriate, considering the complexity of the litigation, generally accepted principles governing
the award of legal fees in civil actions involving the United States as a party, and such other factors as may
be appropriate. Such percentage shall not exceed 80 percent. However, if an agreement reached under
subparagraph c has explicitly considered this 80 percent limitation and permitted a higher percentage,then
the full amount of costs resulting from that agreement shall be allowable.
f. Costs incurred by the organization in connection with the defense of suits brought by its employees or ex-
employees under section 2 of the Major Fraud Act of 1988 (Pub. L. 100-700), including the cost of all relief
necessary to make such employee whole,where the organization was found liable or settled, are
unallowable. •
•
g. Costs of legal, accounting, and consultant services, and related costs, incurred in connection with defense
against Federal Government claims or appeals, antitrust suits, or the prosecution of claims or appeals •
against the Federal Government, are unallowable,
h. Costs of legal,accounting, and consultant services, and related costs, incurred in connection with patent
infringement litigation, are unallowable unless otherwise provided for in the sponsored awards.
i. Costs which may be unallowable under this paragraph, including directly associated costs, shall be
segregated and accounted for by the organization separately. During the pendency of any proceeding
covered by subparagraphs b and f, the Federal Government shall generally withhold payment of such costs.
However, if in the best interests of the Federal Government, the Federal Government may provide for
conditional payment upon provision of adequate security,or other adequate assurance, and agreements by
the organization to repay all unallowable costs, plus interest, if the costs are subsequently determined to be
unallowable.
•
•
11. Depreciation and use allowances.
a. Compensation for the use of buildings, other capital improvements, and equipment on hand may be made
through use allowance or depreciation. However,except as provided in Attachment B, paragraph f, a
combination of the two methods may not be used in connection with a single class of fixed assets (e.g., •
buildings,office equipment, computer equipment, etc.).
• b. The computation of use allowances or depreciation shall be based on the acquisition cost of the assets
involved. The acquisition cost of an asset donated to the non-profit organization by a third party shall be its
• fair market value at the time of the donation.
c. The computation of use allowances or depreciation will exclude:
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
fringe benefit and computer •
charge-out rates. Once an agency is assigned cognizance for a particular non-profit organization, the
assignment will not be changed unless there is a major long-term shift in the dollar volume of the Federal
awards to the organization. All concerned Federal agencies shall be given the opportunity to participate in the
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
, shall be allocated to the individual functions
performed in each building on the basis of usable square feet of space, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
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•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
(1)The cost of land;
•
(2)Any portion of the cost of buildings and equipment borne by or donated by the Federal Government
irrespective of where title was originally vested or where it presently resides; and
(3)Any portion of the cost of buildings and equipment contributed by or for the non-profit organization in
satisfaction of a statutory matching requirement.
d. Where depreciation method is followed, the period of useful service(useful life) established in each case for
usable capital assets must take into consideration such factors as type of construction, nature of the
equipment used,technological developments in the particular program area, and the renewal and
replacement policies followed for the individual items or classes of assets involved.The method of
depreciation used to assign the cost of an asset (or group of assets)to accounting periods.shall reflect the
pattern of consumption of the asset during its useful life.
In the absence of clear evidence indicating that the expected consumption of the asset will be significantly
greater or lesser in the early portions of its useful life than in the later portions, the straight-line method shall
be presumed to be the appropriate method.
•
Depreciation methods once used shall not be changed unless approved in advance by the cognizant•Federal
agency. When the depreciation method is introduced for application to assets previously subject to a use
• allowance,the combination of use allowances and depreciation applicable to such assets must not exceed
the total acquisition cost of the assets.
e. When the depreciation method is used for buildings,a building's shell may be segregated from each building
component(e.g., plumbing system, heating, and air conditioning system,etc.)and each item depreciated
• over its estimated useful life; or the entire building (i.e.,.the shell and all components) may be treated as a
single asset and depreciated over a single useful life.
f. When the depreciation method is used for a particular class of assets, no depreciation may be allowed on
: any such assets that, under subparagraph d,would be viewed as fully depreciated. However, a reasonable
• use allowance may be negotiated for such assets if warranted after taking into consideration the amount of
depreciation previously charged to the Federal Government, the estimated useful life remaining at time of
negotiation, the effect of any increased maintenance charges or decreased efficiency due to age, and any
other factors pertinent to the utilization of the asset for the purpose contemplated.
•
g. Where the use allowance method is followed,the use allowance for buildings and improvement(including
land improvements, such as paved parking areas, fences, and sidewalks)will be computed at an annual rate
not exceeding two percent of acquisition cost.
The use allowance for equipment will be computed at an annual rate not exceeding six and two-thirds
percent of acquisition cost. When the use allowance method is used for buildings,the entire building must be
treated as a single asset; the building's components(e.g., plumbing system, heating and air conditioning, .
etc) cannot be segregated from the building's shell. •
•
The two percent limitation, however, need not be applied to equipment which is merely attached or fastened •
to.the building but not permanently fixed to it and which is used as furnishings or decorations or for
specialized purposes (e.g., dentist chairs and dental treatment units, counters, laboratory benches bolted to
the floor, dishwashers, modular furniture, carpeting, etc.). Such equipment will be considered as not being
permanently fixed to the building if it can be removed without the need for costly or extensive alterations or•
repairs to the building or the equipment. Equipment that meets these criteria will be subject to the 6 2/3
percent equipment use allowance limitation.
•
h. Charges for use allowances or depreciation must be supported by adequate property records and physical
inventories must be taken at least once every two years (a statistical sampling basis is acceptable)to ensure
that assets exist and are usable and needed. When the depreciation method is followed, adequate
depreciation records.indicating the amount of depreciation taken each period must also be maintained.
12. Donations and contributions. •
•
a. Contributions or donations rendered. Contributions or donations, including cash, property, and services,
• made by the organization, regardless of the recipient, are unallowable.
b. •Donated services received: •
•
(1) Donated or volunteer services may be furnished to an organization by professional and technical •
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http://www.Whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
g-term shift in the dollar volume of the Federal
awards to the organization. All concerned Federal agencies shall be given the opportunity to participate in the
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
, shall be allocated to the individual functions
performed in each building on the basis of usable square feet of space, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
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•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
Circular A-ILL, Cost rnncipies ror ivon-rront organizations rage 17 of J'.t
either as a direct or indirect cost. However, the value of donated.services may be used to meet cost sharing
or matching requirements in accordance with the Common Rule. •
(2)The value of donated services utilized in the performance of a direct cost activity shall, when material in
.amount,be considered in the determination of the non-profit organization's indirect costs or rate(s) and,
accordingly, shall be allocated a proportionate share of applicable indirect costs when the following exist:
• (a)The aggregate value of the services.is material;
(b)The services are supported by a significant amount of the indirect costs incurred by the non-profit
organization; and
(c)The direct cost activity is not pursued primarily for the benefit of the Federal Government.
(3) In those instances where there is no basis for determining the fair market value of the services rendered,
the recipient and the cognizant agency shall negotiate an appropriate allocation of indirect cost to the
services.
(4)Where donated services directly benefit a project supported by an award, the indirect costs allocated to
the services will be considered as a part of the total costs of the project. Such indirect costs may be
reimbursed under the award or used to meet cost sharing or matching requirements.
(5)The value of the donated services may be used to meet cost sharing or matching requirements under
conditions described in Sec._.23 of Circular A-110. Where donated services are treated as indirect costs, •
indirect cost rates will separate the value of the donations so that reimbursement will not be made.
c. Donated goods or space.
(1) Donated goods; i.e., expendable personal property/supplies, and donated use of space may be furnished
to a non-profit organization. The value of the goods and space is not reimbursable either as a direct or
indirect cost.
(2)The value of the donations may be used to meet cost sharing or matching share requirements under the
conditions described in Circular A-110. Where donations are treated as indirect costs, indirect cost rates will
separate the value of the donations so that reimbursement will not be made.
13. Employee morale, health, and welfare costs.
•
a. The costs of employee information publications, health or first-aid clinics and/or infirmaries, recreational
activities, employee counseling services, and any other expenses incurred in accordance with the non-profit
organization's established practice or custom for the improvement of working conditions, employer-employee
relations, employee morale, and employee performance are allowable.
b. Such costs will be equitably apportioned to all activities of the non-profit organization. Income generated from •
any of these activities will be credited to the cost thereof unless such income has been irrevocably set over to
employee welfare organizations.
14. Entertainment costs. Costs of entertainment, including amusement, diversion, and social activities and any costs
directly associated with such costs (such as tickets to shows or sports events, meals, lodging, rentals, transportation,
and gratuities) are unallowable.
15. Equipment and other capital expenditures. •
•
a. For purposes of this subparagraph, the following definitions apply: •
(1) "Capital Expenditures" means expenditures for the acquisition cost of capital assets (equipment,
buildings, land),or expenditures to make improvements to capital assets that materially increase their value
or useful life. Acquisition cost means the cost of the asset including the cost to put it in place.Acquisition cost
for equipment, for example, means the net invoice price of the equipment, including the cost of any
• modifications, attachments, accessories, or auxiliary apparatus necessary to make it usable for the purpose
for which it is acquired.Ancillary charges, such as taxes, duty, protective in transit insurance,freight, and
installation may be included in,or excluded from the acquisition cost in accordance with the non-profit
organization's regular accounting practices.
•
(2) "Equipment" means an article of nonexpendable,tangible personal property having a useful life of more
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 1 22_2004.html 8/31/2009
donations, including cash, property, and services,
• made by the organization, regardless of the recipient, are unallowable.
b. •Donated services received: •
•
(1) Donated or volunteer services may be furnished to an organization by professional and technical •
nercnnnol rune,,if,nfc anti other cl,illerl Iohnr The smh to of+hoc.connroc is nnf reirnh,,rcohle
http://www.Whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
g-term shift in the dollar volume of the Federal
awards to the organization. All concerned Federal agencies shall be given the opportunity to participate in the
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
, shall be allocated to the individual functions
performed in each building on the basis of usable square feet of space, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
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•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
than one year and an acquisition cost which equals or exceeds the lesser of the capitalization level
established by the non-profit organization for financial statement purposes, or$5000.
(3)"Special purpose equipment" means equipment which is used only for research, medical, scientific, or
other technical activities. Examples of special purpose equipment include microscopes,x-ray machines,
surgical instruments, and spectrometers.
(4)"General purpose equipment"means equipment,which is not limited to research, medical, scientific or
other technical activities. Examples include office equipment and furnishings, modular offices,telephone
networks, information technology equipment and systems, air conditioning equipment, reproduction and
printing equipment, and motor vehicles.
b. The fallowing rules of allowability shall apply to equipment and other capital expenditures:
(1)Capital expenditures for general purpose equipment, buildings, and land are unallowable as direct
charges, except where approved in advance by the awarding agency.
(2) Capital expenditures for special purpose equipment are allowable as direct costs, provided that items with
a unit cost of$5000 or more have the prior approval of the awarding agency.
. (3)Capital expenditures for improvements to land, buildings, or equipment which materially increase their
value or useful life are unallowable as a direct cost except with the prior approval of the awarding agency.
(4)When approved as a direct charge pursuant to paragraph 15.b.(1), (2), and (3)above, capital
expenditures will be charged in the period in which the expenditure is incurred,or as otherwise determined
appropriate by and negotiated with the awarding agency.
(5) Equipment and other capital expenditures are unallowable as indirect costs. However, see Attachment B, •
paragraph 11., Depreciation and use allowance,for rules on the allowability of use allowances or
depreciation on buildings, capital improvements, and equipment.Also, see Attachment B, paragraph 43.,
Rental costs of buildings and equipment,for rules on the allowability of rental costs for land, buildings, and
• equipment.
(6)The unamortized portion of any equipment written off as a result of a change in capitalization levels may
be recovered by continuing to claim the otherwise allowable use allowances or depreciation on the
equipment, or by amortizing the amount to be written off over a period of years negotiated with the cognizant
agency.
•
16. Fines and penalties. Costs of fines and penalties resulting from violations of, or failure of the organization to
comply with Federal, State, and local laws and regulations are unallowable except when incurred as a result of
compliance with specific provisions of an award or instructions in writing from the awarding agency.
17. Fund raising and investment management costs.
a. Costs of organized fund raising, including financial campaigns, endowment drives, solicitation of gifts and
bequests, and similar expenses.incurred solely to raise capital or obtain contributions are unallowable.
b. Costs of investment counsel and staff and similar expenses incurred solely to enhance income from
investments are unallowable. •
• c. Fund raising and investment activities shall be allocated an appropriate share of indirect costs under the
conditions described in subparagraph B.3 of Attachment A.
18. Gains and losses on depreciable assets. •
•
a. (1)Gains and losses on sale, retirement, or other disposition of depreciable property shall be included in the
year in which they occur as credits or charges to cost grouping(s) in which the depreciation applicable to
such property was included.The amount of the gain or loss to be included as a credit or charge to the
appropriate cost grouping(s) shall be the difference between the amount realized on the property and the
undepreciated basis of the property.
(2)Gains and losses on the disposition of depreciable property shall not be recognized as a separate credit
or charge under the following conditions: .
(a)The gain or loss is processed through a depreciation account and is reflected in the depreciation
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html • 8/31/2009
al property having a useful life of more
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 1 22_2004.html 8/31/2009
donations, including cash, property, and services,
• made by the organization, regardless of the recipient, are unallowable.
b. •Donated services received: •
•
(1) Donated or volunteer services may be furnished to an organization by professional and technical •
nercnnnol rune,,if,nfc anti other cl,illerl Iohnr The smh to of+hoc.connroc is nnf reirnh,,rcohle
http://www.Whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
g-term shift in the dollar volume of the Federal
awards to the organization. All concerned Federal agencies shall be given the opportunity to participate in the
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
, shall be allocated to the individual functions
performed in each building on the basis of usable square feet of space, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
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•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
Circular A-1'22, Cost Principles for Non-Profit Organizations Page 21 of 34
allowable under paragraph 11. •
(b)The property is given in exchange as part of the purchase price of a similar item and the gain or
loss is taken into account in determining the depreciation cost basis of the new item.
(c)A loss results from the failure to maintain permissible insurance, except as otherwise provided in
Attachment B, paragraph 22.
• (d)Compensation for the use of the property was provided through use allowances in lieu of
depreciation in accordance with paragraph 9. .
(e) Gains and losses arising from mass or extraordinary sales, retirements, or other dispositions shall
be considered on a case-by-case basis. •
b. Gains or losses of any nature arising from the sale or exchange of property other than the property covered
in subparagraph a shall be excluded in computing award costs.
19. Goods or services for personal use. Costs of goods or services for personal use of the organization's employees
. are unallowable regardless of whether the cost is reported as taxable income to the employees.
20. Housing and personal living expenses. •
a. Costs of housing (e.g., depreciation, maintenance, utilities,furnishings, rent, etc.), housing allowances and
personal living expenses for/of the organization's officers are unallowable as fringe benefit or indirect costs
regardless of whether the cost is reported as taxable income to the employees.These costs are allowable as
direct costs to sponsored award when necessary for the performance of the sponsored award and approved
by awarding agencies.
b. The term"officers" includes current and past officers and employees.
21. Idle facilities and idle capacity.
a. As used in this section the following terms have the meanings set forth below:
(1) "Facilities" means land and buildings or any portion thereof, equipment individually or collectively, or any
other tangible capital asset,wherever located, and whether owned or leased by the non-profit organization.
(2) "Idle facilities" means completely unused facilities that are excess to the non-profit organization's current
needs.
•
(3)"Idle capacity"means the unused capacity of partially used facilities. It is the difference between: (a)that
which a facility could achieve under 100 percent operating time on a one-shift basis less operating
interruptions resulting from time lost for repairs, setups, unsatisfactory materials, and other normal delays; •
and (b)the extent to which the facility was actually used to meet demands during the accounting period.A
multi-shift basis should be used if it can be shown that this amount of usage would normally be expected for
the type of facility involved.
(4)"Cost of idle facilities or idle capacity" means costs such as maintenance, repair, housing, rent, and other
related costs, e.g., insurance, interest, property taxes and depreciation or use allowances.
b. The costs of idle facilities are unallowable except to the extent that:
(1)They are necessary to meet fluctuations in•workload; or
(2)Although not necessary to meet fluctuations in workload, they were necessary when acquired and are
now idle because of changes in program requirements, efforts to achieve more economical operations,
reorganization, termination, or other causes which could not have been reasonably foreseen. Under the
• exception stated in this subparagraph, costs of idle facilities are allowable for a reasonable period of time,
ordinarily not to exceed one year,depending on the initiative taken to use, lease, or dispose of such facilities.
c. The costs of idle capacity are normal costs of doing business and are a factor in the normal fluctuations of
usage or indirect cost rates from period to period. Such costs are allowable, provided that the capacity is
reasonably anticipated to be necessary or was originally reasonable and is not subject to reduction or
elimination by use on other Federal awards, subletting, renting, or sale, in accordance with sound business,
economic, or security practices. Widespread idle capacity throughout an entire facility or among a group of
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 1 22 2004.html 8/31/2009 •
al property having a useful life of more
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 1 22_2004.html 8/31/2009
donations, including cash, property, and services,
• made by the organization, regardless of the recipient, are unallowable.
b. •Donated services received: •
•
(1) Donated or volunteer services may be furnished to an organization by professional and technical •
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http://www.Whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
g-term shift in the dollar volume of the Federal
awards to the organization. All concerned Federal agencies shall be given the opportunity to participate in the
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
, shall be allocated to the individual functions
performed in each building on the basis of usable square feet of space, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
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•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
•
assets having substantially the same function may be considered idle.facilities.
22. Insurance and indemnification. •
a. Insurance includes insurance which the organization is required to carry, or which is approved, under the
terms of the award and any other insurance which the organization maintains in connection with the general
conduct of its operations. This paragraph does not apply to insurance which represents fringe benefits for
employees (see subparagraphs 8.g and 8.i(2)).
(1) Costs of insurance required or approved, and maintained, pursuant to the award are allowable.
(2) Costs of other insurance maintained_by the organization in connection with the general conduct of its
operations are allowable subject to the following limitations:
(a)Types and extent of coverage shall be in accordance with sound business practice and the rates
• and premiums shall be reasonable under the circumstances.
(b) Costs allowed for business interruption or other similar insurance shall be limited to exclude
coverage of management fees.
(c) Costs of insurance or of any provisions for a reserve covering the risk of loss or damage to
Federal property are allowable only to the extent that the organization is liable for such loss or
damage.
(d) Provisions for a reserve under a self-insurance program are allowable to the extent that types of
coverage, extent of coverage, rates, and premiums would have been allowed had insurance been
purchased to cover the risks. However, provision for known or'reasonably estimated self-insured
liabilities,which do not become payable for more than one year after the provision is made, shall not
exceed the present value of the liability.
(e) Costs of insurance on the lives of trustees, officers, or other employees holding positions of similar
responsibilities are allowable only to the extent that the insurance represents additional compensation
(see subparagraph 8.g(4)). The cost of such insurance when the organization is identified as the
beneficiary is unallowable.
(f) Insurance against defects. Costs of insurance with respect to any costs incurred to correct-defects
in the organization's materials or workmanship are unallowable.
(g) Medical liability(malpractice) insurance. Medical liability insurance is an allowable cost of Federal
research programs only to the extent that the Federal research programs involve human subjects or
training of participants in research techniques. Medical liability insurance costs shall be treated as a
direct cost and shall be assigned to individual projects based on the manner in which the insurer
• allocates the risk to the population covered by the insurance.
(3)Actual losses which could have been covered by permissible insurance(through the-purchase of
insurance or a self-insurance program) are unallowable unless expressly provided for in the award, except:
(a) Costs incurred because of losses not covered under nominal deductible insurance coverage
provided in keeping with sound business practice-are allowable.
(b) Minor losses not covered by insurance, such as spoilage, breakage, and disappearance of
supplies,which occur in the ordinary course of operations, are allowable.
b. Indemnification includes securing the organization against liabilities to third persons and any other loss or
damage, not compensated by insurance or otherwise. The Federal Government is obligated to indemnify the
organization only to the extent expressly provided in the award.
•
23. Interest.
a. Costs incurred for interest on borrowed capital, temporary use of endowment funds, or the use of the non-
profit organization's own funds, however represented, are unallowable. However, interest on debt incurred
after September 29, 1995 to acquire or replace capital assets (including renovations, alterations, equipment,
land, and capital assets acquired through.capital leases), acquired after September 29, 1995 and used in
• support of Federal awards is allowable, provided that:
(1) For facilities acouisitions(excluding renovations and alterations).costing over$10 million where the
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
rity practices. Widespread idle capacity throughout an entire facility or among a group of
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 1 22 2004.html 8/31/2009 •
al property having a useful life of more
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 1 22_2004.html 8/31/2009
donations, including cash, property, and services,
• made by the organization, regardless of the recipient, are unallowable.
b. •Donated services received: •
•
(1) Donated or volunteer services may be furnished to an organization by professional and technical •
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http://www.Whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
g-term shift in the dollar volume of the Federal
awards to the organization. All concerned Federal agencies shall be given the opportunity to participate in the
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
, shall be allocated to the individual functions
performed in each building on the basis of usable square feet of space, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
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•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
Circular A-122, Cost Principles for Non-Profit Organizations Page 23 of 34
•
Federal Government's reimbursement is expected to equal or exceed 40 percent of an asset's cost, the non-
profit organization prepares, prior to the acquisition or replacement of the capital asset(s), a justification that
demonstrates the need for the facility in the conduct of federally sponsored activities. Upon request, the
needs justification must be provided to the Federal agency with cost cognizance authority as a prerequisite to
the continued allowability of interest on debt and depreciation related to the facility. The needs justification for •
the acquisition of a facility should include, at a minimum, the following:
(a)A statement of purpose and justification for facility acquisition or replacement
(b) A statement as to why current facilities are not adequate
(c)A statement of planned future use of the facility
•
(d)A description of the financing agreement to be arranged for the facility
(e)A summary of the building contract with estimated cost information and statement of source and
use of funds
(f)A schedule of planned occupancy dates
•
(2) For facilities costing over$500,000, the non-profit,organization prepares, prior to the acquisition or
replacement of the facility, a lease/purchase analysis in accordance with the provisions of Sec._.30 through
37 of Circular A-110, which shows that a financed purchase or capital lease is less costly to the
organization than other leasing alternatives, on a net present value basis. Discount rates used should be
• equal to the non-profit organization's anticipated interest rates and should be no higher than the fair market
rate available to the non-profit organization from an unrelated ("arm's length")third-party.The lease/purchase
analysis shall include a comparison of the net present value of the projected total cost comparisons of both.
• alternatives over the period the asset is expected to be used by the non-profit organization.The cost
comparisons associated with purchasing the facility shall include the estimated purchase price, anticipated
operating and maintenance costs(including property taxes, if applicable) not included in the debt financing,
less.any estimated asset salvage value at the end of the period defined above. The cost comparison for a
capital lease shall include the estimated total lease payments, any estimated bargain purchase option,
operating and maintenance costs, and taxes not included in the capital leasing arrangement, less any
estimated credits due under the lease at the end of the period defined above. Projected operating lease costs
shall be'based on the anticipated cost of leasing comparable facilities at fair market rates under rental
• agreements that would be renewed or reestablished over the period defined above, and any expected
maintenance costs and allowable property taxes to be borne by the non-profit organization directly or as part
• of the lease arrangement.
(3)The actual interest cost claimed is predicated upon interest rates that are no higher than the fair market
rate available to the non-profit organization from an unrelated ("arm's length") third party.
(4) Investment earnings, including interest income, on bond or loan principal, pending payment of the
• construction or acquisition costs, are used to offset allowable interest cost. Arbitrage earnings reportable to
the Internal Revenue Service are not required to be offset against allowable interest costs.
•
(5) Reimbursements are limited to the least costly alternative based on the total cost analysis required under
subparagraph (b). For example, if an operating lease is determined.to be less costly than purchasing through
debt financing,then reimbursement is limited to the amount determined if leasing had been used. In all cases
where a lease/purchase analysis is performed, Federal reimbursement shall be based upon the least
expensive alternative.
•
(6) Non=profit organizations are also subject to the following conditions:
(a) Interest on debt incurred to finance or refinance assets acquired before or reacquired after
September 29, 1995, is not allowable.
• (b) Interest attributable to fully depreciated assets is unallowable.
• (c) For debt arrangements over$1 million, unless the non-profit organization makes an initial equity
contribution to the asset purchase of 25 percent or more, non-profit organizations shall reduce claims
for interest expense by an amount equal to imputed interest earnings on excess cash flow,which is to
be calculated as follows. Annually, non-profit organizations shall prepare a cumulative (from the
• inception of the project) report of monthly cash flows that includes inflows and outflows, regardless of
the funding source. Inflows consist of depreciation expense, amortization of capitalized construction
interest, and annual interest expense. For cash flow calculations, the annual inflow figures shall be
divided by the number of months in the year(usually 12)that the building is in service for monthly
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http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
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•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
•
•
share attributable to the unallowable costs of land) and interest payments. Where cumulative inflows
exceed cumulative outflows, interest shall be calculated on the excess inflows for that period and be
treated as a reduction to allowable interest expense. The rate of interest to be used to compute
earnings on excess cash flows shall be the three month Treasury Bill closing rate as of the last
business day of that month.
•
(d) Substantial relocation of federally sponsored activities from a facility financed by indebtedness, the
cost of which was funded in whole or part through Federal reimbursements,to another facility prior to
the expiration of a period of 20 years requires notice to the Federal cognizant agency. The extent of
• the relocation,the amount of the Federal participation in the financing, and the depreciation and
interest charged to date may require negotiation and/or downward adjustments of replacement space
charged to Federal programs in the future.
(e)The allowable costs to acquire facilities and equipment are limited to a fair market value available
to the non-profit organization from an unrelated ("arm's length")third party.
b. For non-profit organizations subject to"full coverage"'under the Cost Accounting Standards(CAS) as
defined at 48 CFR 9903.201, the interest allowability provisions of subparagraph a do not apply. Instead,
these organizations' sponsored agreements are subject to CAS 414 (48 CFR 9903.414), cost of money as an
element of the cost of facilities capital, and CAS 417 (48 CFR 9903.417), cost of money as an element of the
cost of capital assets under construction.
c. The following definitions are to be used for purposes of this paragraph:
•
(1) Re-acquired assets means assets held by the non-profit organization prior to September 29, 1995 that
have again come to be held by the organization,whether through repurchase or refinancing. It does not
include assets acquired to replace older assets. _
(2) Initial equity contribution means the amount or value of contributions made by non-profit organizations for
the acquisition of the asset or prior to occupancy of facilities.
(3)Asset costs means the capitalizable costs of an asset, including construction costs, acquisition costs, and
other such costs capitalized in accordance with GAAP.
•
24. Labor relations costs. Costs incurred in maintaining satisfactory relations between the organization and its
employees, including costs of labor management committees, employee publications, and other related activities are
allowable.
25. Lobbying.
a. Notwithstanding other provisions of this Circular, costs associated with the following activities are
unallowable:
(1)Attempts to influence the outcomes of any Federal, State, or local election, referendum, initiative, or
similar procedure,through in kind or cash contributions, endorsements, publicity, or similar activity;
(2) Establishing, administering, contributing to, or paying the expenses of a political party, campaign,'political
action committee, or other organization established for the purpose of influencing the outcomes of elections;
(3)Any attempt to influence: (i)The introduction of Federal or State legislation; or(ii)the enactment Or
modification of any pending Federal or State legislation through communication with any member or
employee of the Congress or State legislature (including efforts to influence State or local officials to engage
in similar lobbying activity), or with any Government official or employee in connection with a decision to sign
or veto enrolled legislation;
•
(4)Any attempt to influence: (i)The introduction of Federal or State legislation; or(ii)the enactment or
modification of any pending Federal or State legislation by preparing, distributing or using publicity or
propaganda, or by urging members of the general public or any segment thereof to contribute to or •
participate in any mass demonstration, march;rally, fundraising drive, lobbying campaign or letter writing or
telephone campaign; or
(5) Legislative liaison activities, including attendance at legislative sessions or committee hearings, gathering
information regarding legislation, and analyzing the effect of legislation, when such activities are carried on in
support of or in knowing preparation for an effort to engage in unallowable lobbying.
b. The following activities are excepted from the coverage of subparagraph a:
http://w-ww.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.htrnl 8/31/2009
lated as follows. Annually, non-profit organizations shall prepare a cumulative (from the
• inception of the project) report of monthly cash flows that includes inflows and outflows, regardless of
the funding source. Inflows consist of depreciation expense, amortization of capitalized construction
interest, and annual interest expense. For cash flow calculations, the annual inflow figures shall be
divided by the number of months in the year(usually 12)that the building is in service for monthly
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http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
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•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
Circular A-122, Cost Principles tor Non-Protit Organizations rage
(1) Providing a technical and factual presentation of information on a topic directly related to the performance
of a grant, contract or other agreement through hearing testimony, statements or letters to the Congress or a
•
• State legislature, or subdivision,member, or cognizant staff member thereof, in response to a documented
request:(including a Congressional Record notice requesting testimony or statements for the record at a
regularly scheduled hearing) made by the recipient member, legislative body or subdivision, or a cognizant
staff member thereof; provided such information is readily obtainable and can be readily put in deliverable
form; and further provided that costs under this section for travel, lodging or meals are unallowable unless
incurred to offer testimony at a regularly scheduled Congressional hearing pursuant to a written request for
such presentation made by the Chairman or Ranking Minority Member of the Committee or Subcommittee
conducting such hearing.
(2)Any lobbying made unallowable by subparagraph a(3)to influence State legislation in order to directly
reduce the cost, or to avoid material impairment of the organization's authority to perform the grant, contract,
• or other'agreement.
•
(3)Any activity specifically authorized by statute to be undertaken with funds from the grant, contract,or
other agreement.
c. (1)When an organization seeks reimbursement for indirect costs, total lobbying costs shall be separately
identified in the indirect cost rate proposal, and thereafter treated as other unallowable activity costs in
accordance with the procedures of.subparagraph B.3 of Attachment A.
(2)Organizations shall submit, as part of the annual indirect cost rate proposal, a certification that the
requirements and standards of this paragraph have been complied with. •
(3) Organizations shall maintain adequate records to demonstrate that the determination of costs as being
allowable or unallowable pursuant to paragraph 25 complies with the requirements of this Circular.
(4)Time logs,'calendars, or similar records shall not be required to be created for purposes of complying with
this paragraph during any particular calendar month when: (1)the employee engages in lobbying (as defined
in subparagraphs (a) and (b))25 percent or less of the employee's compensated hours of employment during
that calendar month, and (2)within the preceding five-year period, the organization has not materially
misstated allowable or unallowable costs of any nature, including legislative lobbying costs.When conditions
(1) and(2) are met,organizations are not required to establish records to support the allowabliliy of claimed
costs in addition to records already required or maintained.Also,when conditions(1) and (2) are met,the
• absence of time logs, calendars, or similar records will not serve as a basis for disallowing costs by
contesting estimates of lobbying time spent by employees during a calendar month.
•
(5)Agencies shall establish procedures for resolving in advance, in consultation with OMB, any significant
questions or disagreements concerning the interpretation or application of paragraph 25. Any such advance
resolution shall be binding in any subsequent settlements, audits or investigations with respect to that grant
or contract for purposes of interpretation of this Circular; provided, however, that this shall not be construed
to prevent a contractor or grantee from contesting the lawfulness of such a determination.
d. Executive lobbying costs. Costs incurred in attempting to improperly influence either directly or indirectly, an
employee'or officer of the Executive Branch of the Federal Government to give consideration or to act
regarding a sponsored agreement or a regulatory matter are unallowable. Improper influence means any
influence that induces or tends to induce a Federal employee or officer to give consideration or to act
regarding a federally sponsored agreement or regulatory matter on any basis other than the merits of the
matter.
26. Losses on other sponsored agreements or contracts. Any excess of costs over income on any award is
unallowable as a cost of any other award. This includes, but is not limited to,the organization's contributed portion by
reason of cost sharing agreements or any under-recoveries through negotiation of lump sums for, or ceilings on,
indirect costs.
27. Maintenance and repair costs. Costs incurred for necessary maintenance, repair, or upkeep of buildings and
equipment (including Federal property unless otherwise provided for)which neither add to the permanent value of
the property nor appreciably prolong its intended life, but keep it in an efficient operating condition, are allowable.
Costs incurred for improvements which add to the permanent value of the buildings and equipment or appreciably
prolong their intended life shall be treated as capital expenditures (see paragraph 15).
28. Materials and supplies costs.
a. Costs incurred for materials. suoolies. and fabricated Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
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http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
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•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
allowable. •
b. Purchased materials and supplies shall be charged at their actual prices, net of applicable credits.
Withdrawals from general stores or stockrooms should be charged at their actual net cost under any
recognized method of pricing inventory withdrawals, consistently applied. Incoming transportation charges
are a proper part of materials and supplies costs.
c. Only materials and supplies actually used for the performance of a Federal award may be charged as direct
costs:
d. Where federally donated or furnished materials are used in performing the Federal award, such materials will
be used without charge. •
•
29. Meetings and conferences. Costs of meetings and conferences, the primary purpose of which is the
dissemination of technical information, are allowable.This includes costs of meals, transportation, rental of facilities,
• speakers'fees, and other items incidental to such meetings or conferences. But see Attachment B, paragraphs 14.,
Entertainment costs, and 33., Participant support costs.
30. Memberships, subscriptions, and professional activity costs.
•
a. Costs of the non-profit organization's membership in business, technical, and professional organizations are
allowable.
•
b. Costs of the non-profit organization's subscriptions to business, professional, and technical periodicals are
allowable.
c. Costs of membership in any civic or community organization are allowable with prior approval by Federal
cognizant agency.
d. Costs of membership in any country club or social or dining club or organization are unallowable. •
31. Organization costs. Expenditures, such as incorporation fees, brokers'fees, fees to promoters, organizers or
management consultants, attorneys, accountants, or investment counselors,whether or not employees of the
organization, in connection with establishment or reorganization of an organization, are unallowable except with prior
approval of the awarding agency.
32. Page charges in professional journals..Page charges for professional journal publications are allowable as a
necessary part of research costs,where:
a. The research papers report work supported by the Federal Government; and
b. The charges are levied impartially on all research papers published by the journal,whether or not by federally
sponsored authors.
33. Participant support costs. Participant support costs are direct costs for items such as stipends or subsistence
allowances,travel allowances,and registration fees paid to or on behalf of participants or trainees(but not
• employees) in connection with meetings,conferences, symposia, or training projects.These costs are allowable with
the prior approval of the awarding agency.
34. Patent costs. •
•
a. The following costs relating to patent and copyright matters are allowable: (i) cost of preparing disclosures,
reports, and other documents required by the Federal award and of searching the art to the extent necessary
to make such disclosures; (ii) cost of preparing documents and any other patent costs in connection with the
filing and prosecution of a United States patent application where title or royalty-free license is required by
the Federal Government to be conveyed to the Federal Government; and (iii) general counseling services
relating to patent and copyright matters, such as advice on patent and copyright laws, regulations, clauses,
and employee agreements (but see paragraphs 37., Professional services costs, and 44., Royalties and
other costs for use of patents and copyrights).
b. The following costs related to patent and copyright matter are unallowable:
(1) Cost of preparing disclosures, reports, and other documents and of searching the art to the extent
naraccary to makes rticrinsi iras not rani iirarl by tha award
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26. Losses on other sponsored agreements or contracts. Any excess of costs over income on any award is
unallowable as a cost of any other award. This includes, but is not limited to,the organization's contributed portion by
reason of cost sharing agreements or any under-recoveries through negotiation of lump sums for, or ceilings on,
indirect costs.
27. Maintenance and repair costs. Costs incurred for necessary maintenance, repair, or upkeep of buildings and
equipment (including Federal property unless otherwise provided for)which neither add to the permanent value of
the property nor appreciably prolong its intended life, but keep it in an efficient operating condition, are allowable.
Costs incurred for improvements which add to the permanent value of the buildings and equipment or appreciably
prolong their intended life shall be treated as capital expenditures (see paragraph 15).
28. Materials and supplies costs.
a. Costs incurred for materials. suoolies. and fabricated Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
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ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
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•
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Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
Circular A-122, Cost Principles for Non-Profit Organizations •Page 27 of 34
(2) Costs in connection with filing and prosecuting any foreign patent application, or any United States patent
application, where the Federal award does not require conveying title or a royalty-free license to the Federal
Government(but see paragraph 45., Royalties and other costs for use of patents and copyrights).
35. Plant and homeland security costs. Necessary and reasonable expenses incurred for routine and homeland
•
security to protect facilities, personnel, and work products are allowable. Such costs include, but are not limited to,
•
wages and uniforms of personnel engaged in security activities;equipment; barriers; contractual security services;
consultants; etc. Capital expenditures for homeland and plant security purposes are subject to paragraph 15.,
Equipment and other capital expenditures, of this Circular.•
36. Pre-agreement costs. Pre-award costs are those incurred prior to the effective date of the award directly
pursuant to the negotiation and in anticipation of the award where such costs are necessary to comply with the
proposed delivery schedule or period of performance. Such costs are allowable only to the extent that they would
have been allowable if incurred after the date of the award and only with the written approval of the awarding
agency.
•
•
37. Professional services costs. •
a. Costs of professional and consultant services rendered by persons who are members of a particular
profession or possess a special skill, and who are not officers or employees of the non-profit organization,
are allowable, subject to subparagraphs b and c when reasonable in relation to the services rendered and
when not contingent upon recovery of the costs from the Federal Government.
•
In addition, legal and related services are limited under Attachment B, paragraph 10.
b. In determining the allowability of costs in a particular case, no single factor or any special combination of .
factors is necessarily determinative. However, the following factors are relevant:
(1)The nature and scope of the service rendered in relation to the service required.
•
(2)The'necessity of contracting for the service, considering the non-profit organization's capability in the
particular area.
•
(3)The past pattern of such costs, particularly in the years prior to Federal awards.
•
(4)The impact of Federal awards on the non-profit organization's business (i.e.,what new problems have
arisen).
(5) Whether the proportion of Federal work to the non-profit organization's total business is such as to
influence the non-profit organization in favor of incurring the cost, particularly where the services rendered
•
are not of a continuing nature and have little relationship to work under Federal grants and contracts.
(6) Whether the service can be performed more economically by direct employment rather than contracting.
(7)The qualifications of the individual or concern rendering the service and the customary fees charged,
especially on non-Federal awards.
(8)Adequacy of the contractual agreement for the service (e.g., description of the service, estimate of time
required, rate of compensation, and termination provisions).
c. In addition to the factors in subparagraph b, retainer fees to be allowable must be supported by evidence of
bona fide services available or rendered
•
38. Publication and printing costs.
a. Publication costs include the costs of printing (including the processes of composition, plate-making, press
work, binding, and the end products produced by such processes), distribution, promotion, mailing, and
general handling. Publication costs also include page charges in professional publications.
b. If these costs are not identifiable with a particular cost objective, they should be allocated as indirect costs to
all benefiting activities of the non-profit organization.
•
c. Page charges for professional journal publications are allowable as a necessary part of research costs
where:
•
•
•
•
•
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tenance, repair, or upkeep of buildings and
equipment (including Federal property unless otherwise provided for)which neither add to the permanent value of
the property nor appreciably prolong its intended life, but keep it in an efficient operating condition, are allowable.
Costs incurred for improvements which add to the permanent value of the buildings and equipment or appreciably
prolong their intended life shall be treated as capital expenditures (see paragraph 15).
28. Materials and supplies costs.
a. Costs incurred for materials. suoolies. and fabricated Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
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ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
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•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
(1)The research papers report work supported by the Federal Government: and
(2)The charges are levied impartially on all research papers published by the journal,whether or not by
federally sponsored authors.
39. Rearrangement and alteration costs. Costs incurred for ordinary or normal rearrangement and alteration of
facilities are allowable. Special arrangement and alteration costs incurred specifically for the project are allowable
with the prior approval of the awarding agency.
•
40. Reconversion costs. Costs incurred in the restoration or rehabilitation of the non-profit organization's facilities to
approximately the same condition existing immediately prior to commencement of Federal awards, less costs related •
to normal wear and tear, are allowable.
•
41. Recruiting costs. •
a. Subject to subparagraphs b,'c, and d, and provided that the size of the staff recruited and maintained is in
keeping with workload requirements, costs of"help wanted"advertising, operating costs of an employment
office necessary to secure and maintain an adequate staff, costs of operating an aptitude and educational
testing program,travel costs of employees while engaged in recruiting personnel,travel costs of applicants
• for interviews for prospective employment,and relocation costs incurred incident to recruitment of new
employees, are allowable to the extent that such costs are incurred pursuant to a well-managed recruitment
program.. Where the organization uses employment agencies,costs that are not in excess of standard
commercial rates for such services are allowable.
•
b. In publications,costs of help wanted advertising that includes color, includes advertising material for other
than recruitment purposes, or is excessive in size(taking into consideration recruitment purposes for which
intended and normal organizational practices in this respect), are unallowable.
•
c. Costs of help wanted advertising, special emoluments, fringe benefits, and salary allowances incurred to
attract professional personnel from other organizations that do not meet the test of reasonableness or do not
conform with the established practices of the organization, are unallowable.
d. Where relocation costs incurred incident to recruitment of a new employee have been allowed either as an
allocable direct or indirect cost, and the newly hired employee resigns for reasons within his control within
twelve months after being hired, the organization will be required to refund or credit such relocation costs to
the Federal Government.
42. Relocation costs.
a. Relocation costs are costs incident to the permanent change of duty assignment(for an indefinite period or
for a stated period of not less than 12 months)of an existing employee or upon recruitment of a new
employee. Relocation costs are allowable, subject to the limitation described in subparagraphs b, c, and d,
provided that: •
•
(1)The move is for the benefit of the employer.
(2) Reimbursement to the employee is in accordance with an established written policy consistently followed
by the employer.
(3)The reimbursement does not exceed the employee's actual (or reasonably estimated) expenses.
b. Allowable relocation costs for current employees are limited to the following:
(1)The costs of transportation of the employee, members of his immediate family and his household,'and
personal effects to the new location.
(2)The costs of finding a new home,such as advance trips by employees and spouses to locate living
quarters and temporary lodging during the transition period, up to maximum period of 30 days, including •
advance trip time.
(3)Closing costs, such as brokerage, legal,and appraisal fees, incident to the disposition of the employee's
former home. These costs,together with those described in (4), are limited to 8 percent of the sales price of
the employee's former home.
•
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n.
•
c. Page charges for professional journal publications are allowable as a necessary part of research costs
where:
•
•
•
•
•
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tenance, repair, or upkeep of buildings and
equipment (including Federal property unless otherwise provided for)which neither add to the permanent value of
the property nor appreciably prolong its intended life, but keep it in an efficient operating condition, are allowable.
Costs incurred for improvements which add to the permanent value of the buildings and equipment or appreciably
prolong their intended life shall be treated as capital expenditures (see paragraph 15).
28. Materials and supplies costs.
a. Costs incurred for materials. suoolies. and fabricated Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
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ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
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•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
Circular A-122, Cost Principles tor Non-Protit Organizations Page 29 of 34 •
(4)The continuing costs of ownership of the vacant former home after the settlement or lease date of the
employee's new permanent home, such as maintenance of buildings and grounds (exclusive of fixing up
expenses), utilities, taxes, and property insurance.
(5) Other necessary and reasonable expenses normally incident to relocation, such as the costs of canceling
an unexpired lease, disconnecting and reinstalling household appliances, and purchasing insurance against
loss of or damages to personal property. The cost of canceling an unexpired lease is limited to three times
the monthly rental.
c. Allowable relocation costs for new employees are limited to those described in (1) and(2) of subparagraph b.
When relocation costs incurred incident to the recruitment of new employees have been allowed either as a
direct or indirect cost and the employee resigns for reasons within his control within 12 months after hire,the
organization shall refund or credit the Federal Government for its share of the cost. However,the costs of
travel to an overseas location shall be considered travel costs in accordance with paragraph 50 and not
relocation costs for the purpose of this paragraph if dependents are not permitted at the location for any
reason and the costs do not include costs of transporting household goods.
d. The following costs related to relocation are unallowable:
•
(1) Fees and other costs associated with acquiring a new home. •
(2)A loss on the sale of a former home.
(3) Continuing mortgage principal and interest payments on a home being sold. •
(4) Income taxes paid by an employee related to reimbursed relocation costs.
43. Rental costs of buildings and equipment.
a. Subject to the limitations described in subparagraphs b. through d. of this paragraph 43, rental costs are
allowable to the extent that the rates are reasonable in light of such factors as: rental costs of comparable
property, if any; market conditions in the area; alternatives available; and,the type, life expectancy, condition,
and value of the property leased. Rental arrangements should be reviewed periodically to determine if
circumstances have changed and other options are available.
b. Rental costs under"sale and lease back" arrangements are allowable only up to the amount that would be
allowed had the non-profit organization continued to own the property. This amount would include expenses
such as'depreciation or use allowance, maintenance,taxes, and insurance.
c. Rental costs under"less-than-arms-length"leases are allowable only up to the amount(as explained in
subparagraph b. of this paragraph 43.)that would be allowed had title to the property vested in the non-profit
organization. For this purpose, a less-than-arms-length lease is one under which one party to the lease
agreement is able to control or substantially influence the actions of the other. Such leases include, but are
not limited to those between (i)divisions of a non-profit organization; (ii)non-profit organizations under
common control through common officers, directors, or members; and (iii) a non-profit organization and a
director,trustee, officer, or key employee of the non-profit organization or his immediate family, either directly
or through corporations,trusts, or similar arrangements in which they hold a controlling interest. For example,
a non-profit organization may establish a separate corporation for the sole purpose of owning property and
leasing it back to the non-profit organization.
d. Rental costs under leases which are required to be treated as capital leases under GAAP are allowable only
up to the amount(as explained in subparagraph b)that would be allowed had the non-profit organization •
purchased the property on the date the lease agreement was executed. The provisions of Financial
Accounting Standards Board Statement 13,Accounting for Leases, shall be used to determine whether a
lease is a capital lease. Interest costs related to capital leases are allowable to the extent they meet the
criteria in subparagraph 23. Unallowable costs include amounts paid for profit, management fees, and taxes
that would not have been incurred had the non-profit organization purchased the facility.
44. Royalties and other costs for use of patents and copyrights. . •
• a. Royalties on a patent or copyright or amortization of the cost of acquiring by purchase a copyright, patent, or
rights thereto, necessary for the proper performance of the award are allowable unless:
• (1)The Federal Government has a license or the right to free use of the patent or copyright.
(21 The patent or coovrioht has been adjudicated to be invalid. or has been administratively determined to be
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
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ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
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•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
invalid.
(3) The patent or copyright is considered to be unenforceable.
•
(4)The patent or copyright is expired.
•
b.. Special care should be exercised in determining reasonableness where the royalties may have arrived at as
a result of less-than-arm's-length bargaining, e.g.:
(1) Royalties paid to persons, including corporations, affiliated with the non-profit organization.
(2) Royalties paid to unaffiliated parties, including corporations, under an agreement entered into in
contemplation that a Federal award would be made.
(3) Royalties paid under an agreement entered into after an award is made to a non-profit organization.
• c. In any case involving a patent or copyright formerly owned by the non-profit organization;the amount of
royalty allowed should not exceed the cost which would have been allowed had the non-profit organization
retained title thereto.
45. Selling and marketing. Costs of selling and marketing any products or services of the non-profit organization are
unallowable(unless allowed under Attachment B, paragraph 1. as allowable public relations cost. However,these
• costs are allowable as direct costs,with prior approval by awarding agencies, when they are necessary for the
performance of Federal programs.
46. Specialized service facilities.
a. The costs of services provided by highly complex or specialized facilities operated by the non-profit
organization, such as computers, wind tunnels; and reactors are allowable, provided the charges for the
services meet the conditions of either 46 b. or c. and, in addition, take into account any items of income or
Federal financing that qualify as applicable credits under Attachment A, subparagraph A.5. of this Circular.
b. The costs of such services,when material, must be charged directly to applicable awards based on actual
usage of the services on the basis of a schedule of rates or established methodology that(i) does not
discriminate against federally supported activities of the non-profit organization, including usage by the non-
profit organization for internal purposes, and (ii) is designed to recover only the aggregate costs of the
services.The costs of each service shall consist normally of both its direct costs and its allocable share of all
indirect costs. Rates shall be adjusted at least biennially, and shall take into consideration over/under applied
costs of the previous period(s).
c. Where the costs incurred for a service are not material,they may be allocated as indirect costs.
d. Under some extraordinary circumstances,where it is in the best interest of the Federal Government and the
institution to establish alternative costing arrangements, such arrangements may be worked out with the
cognizant Federal agency.
47. Taxes. •
•
a. In general, taxes which the organization is required to pay and which are paid or accrued in accordance with
GAAP, and payments made to local governments in lieu of taxes which are commensurate with the local •
government services received are allowable, except for(i)taxes from which exemptions are available to the
organization directly or which are available to the organization based on an exemption afforded the Federal
• Government and in the latter case when the awarding agency makes available the necessary exemption
certificates, (ii) special assessments on land which represent capital improvements, and (iii) Federal income
taxes.
•
b. Any refund of taxes, and any payment to the organization of interest thereon,which were allowed as award
costs,will be credited either as a cost reduction or cash refund, as appropriate,to the Federal Government.
48. Termination costs applicable to sponsored agreements. •
Termination of awards generally gives rise to the incurrence of costs, or the need for special treatment of costs,
which would not have arisen had the Federal award not been terminated. Cost principles covering these items are
set forth below.They are to be used in conjunction with the other provisions of this Circular in termination situations.
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related to capital leases are allowable to the extent they meet the
criteria in subparagraph 23. Unallowable costs include amounts paid for profit, management fees, and taxes
that would not have been incurred had the non-profit organization purchased the facility.
44. Royalties and other costs for use of patents and copyrights. . •
• a. Royalties on a patent or copyright or amortization of the cost of acquiring by purchase a copyright, patent, or
rights thereto, necessary for the proper performance of the award are allowable unless:
• (1)The Federal Government has a license or the right to free use of the patent or copyright.
(21 The patent or coovrioht has been adjudicated to be invalid. or has been administratively determined to be
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
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ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
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•
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Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
• Circular A-122, Cost Principles for Non-Profit Organizations rage i of 4-
a. The cost of items reasonably usable on the non-profit organization's other work shall not be allowable unless
the nonprofit organization submits evidence that it would not retain such items at cost without sustaining a
•
loss. In deciding whether such items are reasonably usable on other work of the non-profit organization,the
awarding agency should consider the non-profit organization's plans and orders for current and scheduled
activity.
•
Contemporaneous purchases of common items by the non-profit organization shall be regarded as evidence
that such items are reasonably usable on the non-profit organization's other work. Any acceptance of
common items as allocable to the terminated portion of the Federal award shall be limited to the extent that
the quantities of such items on hand, in transit, and on order are in excess of the reasonable quantitative
requirements of other work.
b. If in a particular case, despite all reasonable efforts by the non-profit organization, certain costs cannot be
discontinued immediately after the effective date of termination, such costs are generally allowable within the
limitations set forth in this Circular, except that any such costs continuing after termination due to the
•
negligent or willful failure of the non-profit organization to discontinue such costs shall be unallowable.
c. Loss of useful value of special tooling, machinery, and is generally•allowable if:
•
•
(1) Such special tooling, special machinery, or equipment is not reasonably capable of use in the other work
of the non-profit organization,
•
• (2)The.interestof the Federal Government is protected by transfer of title or by other means deemed
•
appropriate by the awarding agency, and
(3)The loss of useful value for any one terminated Federal award is limited to that portion of the acquisition
cost which bears the same ratio to the total acquisition cost as the terminated portion of the Federal award
bears to the entire terminated Federal award and other Federal awards for which the special tooling, special
machinery, or equipment was acquired.
d. Rental costs under unexpired leases are generally allowable where clearly shown to have been reasonably
necessary for the performance of the terminated Federal award less the residual value of such leases, if:
(1)the amount of such rental claimed does not exceed the reasonable use value of the property leased for
the period of the Federal award and such further period as may be reasonable, and
(2)the non-profit organization makes all reasonable efforts to terminate, assign, settle, or otherwise reduce
•
the cost of such lease.There also may be included the cost of alterations of such leased property, provided
• such alterations were necessary for the performance of the Federal award, and of reasonable restoration
required by the provisions of the lease.
•
e. Settlement expenses including the following are generally allowable:•
(1)Accounting, legal, clerical, and similar costs reasonably necessary for:
. (a)The preparation and presentation to the awarding agency of settlement claims and supporting
data with respect to the terminated portion of the Federal award, unless the termination is for default
(see Subpart_.61 of Circular A-110); and
(b)The termination and settlement of subawards.
(2) Reasonable costs for the storage,transportation, protection, and disposition of property provided by the
Federal Government or acquiredor produced for the Federal award, except when gr
antees or contractors are
reimbursed for disposals at a predetermined amount in accordance with Subparts .32 through_.37 of
Circular A-110.
(3) Indirect costs related to salaries and wages incurred as settlement expenses in subparagraphs (1) and
• • (2). Normally, such indirect costs shall be limited to fringe benefits, occupancy cost, and immediate
supervision. •
f. Claims under sub awards, including the allocable portion of claims which are common to the Federal award,
and to other work of the non-profit organization are generally allowable.
An appropriate share of the non-profit organization's indirect expense may be allocated to the amount of
settlements with subcontractors and/or subgrantees, provided that the amount allocated is otherwise
consistent with the basic guidelines contained in Attachment A. The indirect expense so allocated shall
•
exclude the same and similar costs claimed directly or indirectly as settlement expenses.
•
•
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p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
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ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
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•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
49. Training costs.
a. Costs of preparation and maintenance of a program of instruction including but not limited to on-the-job,
classroom, and apprenticeship training, designed to increase the vocational effectiveness of employees,
including training materials, textbooks, salaries or wages of trainees (excluding overtime compensation which
might arise therefrom), and (i) salaries of the director of training and staff when the training program is
conducted by the organization; or(ii)tuition and fees when the training is in an institution not operated by the
organization, are allowable.
b. Costs of part-time education, at an undergraduate or post-graduate college level, including that provided at •
the organization's own facilities, are allowable only when the course or degree pursued is relative to the field
in which the employee is now working or may reasonably be expected to work, and are limited to:
(1)Training materials.
(2)Textbooks.
(3) Fees charges by the educational institution.
(4)Tuition charged by the educational institution or, in lieu of tuition, instructors' salaries and the related
share of indirect costs of the educational institution to the extent that the sum thereof is not in excess of the
tuition which would have been paid to the participating educational institution.
•
(5) Salaries and related costs of instructors who are employees of the organization:
(6) Straight-time compensation of each employee for time spent attending classes during working hours not
• in excess of 156 hours per year and only to the extent that circumstances do not permit the operation of
classes or attendance at classes after regular working hours; otherwise, such compensation is unallowable.
c. Costs of tuition,fees, training materials, and textbooks(but not subsistence, salary, or any other
emoluments) in connection with full-time education, including that provided at the organization's own
facilities, at a post-graduate (but not undergraduate) college level, are allowable only when the course or
degree pursued is related to the field in which the employee is now working or may reasonably be expected
to work, and only where the costs receive the prior approval of the awarding agency. Such costs are limited
• to the costs attributable to a total period not to exceed one school year for each employee so trained. In
unusual cases the period may be extended.
d. Costs of attendance of up to 16 weeks per employee per year at specialized programs specifically designed •
to enhance the effectiveness of executives or managers or to prepare employees for such positions are
allowable. Such costs include enrollment fees, training materials, textbooks and related charges, employees'
salaries, subsistence, and travel. Costs allowable under this paragraph do not include those for courses that
are part of a degree-oriented curriculum, which are allowable only to the extent set forth.in subparagraphs b
and c.
e. Maintenance expense, and normal depreciation or fair rental, on facilities owned or leased by the
organization for training purposes are allowable to the extent set forth in paragraphs 11, 27, and 50.
f. Contributions or donations to educational or training institutions, including the donation of facilities or other
properties, and scholarships or fellowships, are unallowable.
g. Training and education costs in excess of those otherwise allowable under subparagraphs b and c may be
allowed with prior approval of the awarding agency. To be considered for approval, the organization must
demonstrate that such costs are consistently incurred pursuant to an established training and education
program,and that the course or degree pursued is relative to the field in which the employee is now working
or may reasonably be expected to work.
50. Transportation costs. Transportation costs include freight, express, cartage, and postage charges relating either
to goods purchased, in process, or delivered. These costs are allowable. When such costs can readily be identified
with the items involved,they may be directly charged as transportation costs or added to the cost of such items(see
paragraph 28). Where identification with the materials received cannot readily be made, transportation costs may be
charged to the appropriate indirect cost accounts if the organization follows a consistent, equitable procedure in this
respect.
•
51. Travel costs.
a. General. Travel costs are the expenses for transportation. lodoino_subsistence. and related items incurred by
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
nt allocated is otherwise
consistent with the basic guidelines contained in Attachment A. The indirect expense so allocated shall
•
exclude the same and similar costs claimed directly or indirectly as settlement expenses.
•
•
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p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
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http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
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•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
llrcutaI A-1LL, lost rrincipies for 1Non-rroul vlgan1Gatto11J 1 us. JJ vi J i
employees who are in travel status on official business of the non-profit organization. Such costs may be
charged on an actual cost basis, on a per diem or mileage basis in.lieu of actual costs incurred, or on a
combination of the two, provided the method used is applied to an entire trip and not to selected days of the
trip, and results in charges consistent with those normally allowed in like circumstances in the non-profit
organization's non-federally sponsored activities.
b. Lodging and subsistence. Costs incurred by employees and officers for travel, including costs of lodging,
other subsistence, and incidental expenses, shall be considered reasonable and allowable only to the extent
such costs do not exceed charges normally allowed by the non-profit organization in its regular operations as
the result of the non-profit organization's written travel policy. In the absence of an acceptable,written non-
profit organization policy regarding travel costs,the rates and amounts established under subchapter I of
Chapter,57,Title 5, United States Code ("Travel and Subsistence Expenses; Mileage Allowances"), or by the
Administrator of General Services, or by the President(or his or her designee) pursuant to any provisions of
such subchapter shall apply to travel under Federal awards (48 CFR 31.205-46(a)).
c. Commercial air travel.
(1)Airfare costs in excess of the customary standard commercial airfare (coach or equivalent), Federal
Government contract airfare(where authorized and available), or the lowest commercial discount airfare are •
unallowable except when such accommodations would: (a) require circuitous routing; (b) require travel during
unreasonable hours; (c)excessively prolong travel; (d) result in additional costs that would offset the
transportation savings; or(e) offer accommodations not reasonably adequate for the traveler's medical
needs.The non-profit organization must justify and document these conditions on a case-by-case basis in.
order for the use of first-class airfare to be allowable in such cases.
(2) Unless a pattern of avoidance is detected, the Federal Government will generally not question a non-profit
organization's determinations that customary standard airfare or other discount airfare is unavailable for
specific trips if the non-profit organization can demonstrate either of the following: (a)that such airfare was
not available in the specific case; or(b)that it is the non-profit organization's overall practice to make routine
use of such airfare.
d. Air travel by other than commercial carrier. Costs of travel by non-profit organization-owned, -leased, or-
chartered aircraft include the cost of lease, charter, operation(including personnel costs), maintenance,
depreciation, insurance, and other related costs.The portion of such costs that exceeds the cost of allowable
commercial air travel, as provided for in subparagraph]c., is unallowable.
e. Foreign travel. Direct charges for foreign travel costs are allowable only when the travel has received prior
approval of the awarding agency. Each separate foreign trip must receive such approval. For purposes of this
provision, "foreign travel" includes any travel outside Canada, Mexico,the United States, and any United
States territories and possessions. However,the term"foreign travel"for a non-profit organization located in a
foreign country means travel outside that country.
52. Trustees.Travel and subsistence costs of trustees (or directors)are allowable. The costs are subject to
restrictions regarding lodging, subsistence and air travel costs provided in paragraph 51.
ATTACHMENT C
Circular No.A-122
•
NON-PROFIT ORGANIZATIONS NOT SUBJECT TO THIS CIRCULAR
•
• Advance Technology Institute(ATI), Charleston, South Carolina
• Aerospace Corporation, El Segundo, California
• American Institutes of Research (AIR),Washington D.C.
• Argonne National Laboratory, Chicago, Illinois
• Atomic Casualty Commission,Washington, D.C.
• Battelle'Memorial Institute, Headquartered in Columbus, Ohio
• Brookhaven National Laboratory, Upton, New York
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
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ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
• IIT Research Institute, Chicago, Illinois •
• Institute of Gas Technology, Chicago, Illinois
.• Institute for Defense Analysis,Alexandria, Virginia
•_ LMI,.McLean, Virginia
• Mitre Corporation, Bedford, Massachusetts
• Mitretek Systems, Inc., Falls Church,Virginia
• National Radiological Astronomy Observatory, Green Bank,West Virginia
• National Renewable Energy Laboratory, Golden, Colorado •
• Oak Ridge Associated Universities, Oak Ridge, Tennessee
• Rand Corporation, Santa Monica; California •
• Research Triangle Institute, Research Triangle Park, North Carolina
• Riverside Research Institute, New York, New York •
• • South Carolina Research Authority(SCRA), Charleston, South Carolina
• Southern Research Institute, Birmingham, Alabama
• Southwest Research Institute, San Antonio, Texas •
• SRI International, Menlo Park, California
• Syracuse Research Corporation, Syracuse, New York
• Universities Research Association, Incorporated (National Acceleration Lab), Argonne, Illinois
• Urban Institute, Washington D.C.
• Non-profit insurance companies, such as Blue Cross and Blue Shield Organizations
• Other non-profit organizations as negotiated with awarding agencies
Return to Top
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
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itous routing; (b) require travel during
unreasonable hours; (c)excessively prolong travel; (d) result in additional costs that would offset the
transportation savings; or(e) offer accommodations not reasonably adequate for the traveler's medical
needs.The non-profit organization must justify and document these conditions on a case-by-case basis in.
order for the use of first-class airfare to be allowable in such cases.
(2) Unless a pattern of avoidance is detected, the Federal Government will generally not question a non-profit
organization's determinations that customary standard airfare or other discount airfare is unavailable for
specific trips if the non-profit organization can demonstrate either of the following: (a)that such airfare was
not available in the specific case; or(b)that it is the non-profit organization's overall practice to make routine
use of such airfare.
d. Air travel by other than commercial carrier. Costs of travel by non-profit organization-owned, -leased, or-
chartered aircraft include the cost of lease, charter, operation(including personnel costs), maintenance,
depreciation, insurance, and other related costs.The portion of such costs that exceeds the cost of allowable
commercial air travel, as provided for in subparagraph]c., is unallowable.
e. Foreign travel. Direct charges for foreign travel costs are allowable only when the travel has received prior
approval of the awarding agency. Each separate foreign trip must receive such approval. For purposes of this
provision, "foreign travel" includes any travel outside Canada, Mexico,the United States, and any United
States territories and possessions. However,the term"foreign travel"for a non-profit organization located in a
foreign country means travel outside that country.
52. Trustees.Travel and subsistence costs of trustees (or directors)are allowable. The costs are subject to
restrictions regarding lodging, subsistence and air travel costs provided in paragraph 51.
ATTACHMENT C
Circular No.A-122
•
NON-PROFIT ORGANIZATIONS NOT SUBJECT TO THIS CIRCULAR
•
• Advance Technology Institute(ATI), Charleston, South Carolina
• Aerospace Corporation, El Segundo, California
• American Institutes of Research (AIR),Washington D.C.
• Argonne National Laboratory, Chicago, Illinois
• Atomic Casualty Commission,Washington, D.C.
• Battelle'Memorial Institute, Headquartered in Columbus, Ohio
• Brookhaven National Laboratory, Upton, New York
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
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ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
EXHIBIT H
DAVIS BACON EXEMPTION CHECKLIST
Project Name: Habitat For Humanity of Omaha, Inc.
Project Address: East of 72nd Street primarily in the NRSA Project No. Neighborhood Stabilitzation Program
It is determined that the above project is exempt from Davis-Bacon Prevailing Wage Rate Provisions because:
Residential rehabilitation or new construction project is funded in whole or in
1/ part with CDBG funds and such residential property contains less than 8 units.
Residential rehabilitation or new construction contract, including construction
and non-construction costs, is funded with HOME funds and such residential
property contains less than 12 assisted units.
Proceeds of award of federal funds are solely for the acquisition of real property
(land, pre-existing buildings and improvements).
The entire project consists of demolitions and no construction is eminent on
site.
Funding solely for demolition to be completed by City or its contractor before
transfer of land to developer.
Funding for on-site improvements only. On-site improvements are completed
on land owned by the City and improvements are completed before transfer of
land to developer.
Funding for off-site improvements that are separately owned. Off-site and on-
site construction are provided for in separate construction contracts.
Project funding is for infrastructure improvements owned and operated by
utility company.
The prime construction contract financed in whole or part with CDBG or
HOME funds is incidental and the amount is less than $2,000.
Funding for professional services only (legal/acct/architectural/engineering).
These services are funded under a separate contract from any construction
contract.
Funding source is Emergency Shelter Grant (ESG) or Supportive Housing
Grant (SHP), which are exempt from Davis/Bacon.
The project will be done through a force account.
There is no federal money in the construction contract.
Other—Explain:
Date: / 2-/-7/GS
Signature of Responsible Administrator
A description of the scope of the protect is attached.
dance is detected, the Federal Government will generally not question a non-profit
organization's determinations that customary standard airfare or other discount airfare is unavailable for
specific trips if the non-profit organization can demonstrate either of the following: (a)that such airfare was
not available in the specific case; or(b)that it is the non-profit organization's overall practice to make routine
use of such airfare.
d. Air travel by other than commercial carrier. Costs of travel by non-profit organization-owned, -leased, or-
chartered aircraft include the cost of lease, charter, operation(including personnel costs), maintenance,
depreciation, insurance, and other related costs.The portion of such costs that exceeds the cost of allowable
commercial air travel, as provided for in subparagraph]c., is unallowable.
e. Foreign travel. Direct charges for foreign travel costs are allowable only when the travel has received prior
approval of the awarding agency. Each separate foreign trip must receive such approval. For purposes of this
provision, "foreign travel" includes any travel outside Canada, Mexico,the United States, and any United
States territories and possessions. However,the term"foreign travel"for a non-profit organization located in a
foreign country means travel outside that country.
52. Trustees.Travel and subsistence costs of trustees (or directors)are allowable. The costs are subject to
restrictions regarding lodging, subsistence and air travel costs provided in paragraph 51.
ATTACHMENT C
Circular No.A-122
•
NON-PROFIT ORGANIZATIONS NOT SUBJECT TO THIS CIRCULAR
•
• Advance Technology Institute(ATI), Charleston, South Carolina
• Aerospace Corporation, El Segundo, California
• American Institutes of Research (AIR),Washington D.C.
• Argonne National Laboratory, Chicago, Illinois
• Atomic Casualty Commission,Washington, D.C.
• Battelle'Memorial Institute, Headquartered in Columbus, Ohio
• Brookhaven National Laboratory, Upton, New York
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
,i;t1;iti it
CITY OF OMAHA
AFFIRMATIVE MARKETING POLICY
AND MONITORING PROCEDURES
Effective: October 1, 1999
Revised: May 1, 2008
Affirmative Marketing Policy
In furtherance of the City of Omaha's commitment to non-discrimination and equal opportunity
in housing, the City of Omaha establishes procedures to affirmatively market units constructed or
rehabilitated under any City-assisted program or project. These procedures are intended to
further the objectives of Title VIII of the Civil Rights Act of 1968 and Executive Order 11063.
It is the affirmative marketing goal of the City of Omaha to assure that individuals who normally
might not apply for vacant rehabilitated or constructed units because of their race or ethnicity:
• know about the vacancies
• feel welcome to apply
• have the opportunity to rent or purchase the units
This policy will be carried out through the following procedures:
1. Informing the public, potential tenants and owners about federal fair housing laws and
affirmative marketing policies
• The City of Omaha will inform the public, potential tenants, purchasers and owners
about its affirmative marketing policy, Title VIII and Executive Order 11063.
• The City will place public notices in the Omaha World Herald and the North
Omaha Star to inform owners of the program.
• City representatives will meet with property owners and assist them in preparing
program applications as requested and necessary:
• Owners selected for a rehabilitation program shall notify in-place tenants in writing
of their involvement in the program and provide them with the following options:
1. Remain in the present unit during rehabilitation.
2. Move temporarily to another unit within the project while his/her unit is being
rehabilitated.
3. Permanently relocate or voluntarily abandon the unit during the rehabilitation.
• Owners shall post the HUD Equal Housing Opportunity Logo in the project
building and display the Fair Housing Poster in their rental office.
1 Revised 5/1/08
EQUAL HOUSING
OPPORTUNITY
organization's determinations that customary standard airfare or other discount airfare is unavailable for
specific trips if the non-profit organization can demonstrate either of the following: (a)that such airfare was
not available in the specific case; or(b)that it is the non-profit organization's overall practice to make routine
use of such airfare.
d. Air travel by other than commercial carrier. Costs of travel by non-profit organization-owned, -leased, or-
chartered aircraft include the cost of lease, charter, operation(including personnel costs), maintenance,
depreciation, insurance, and other related costs.The portion of such costs that exceeds the cost of allowable
commercial air travel, as provided for in subparagraph]c., is unallowable.
e. Foreign travel. Direct charges for foreign travel costs are allowable only when the travel has received prior
approval of the awarding agency. Each separate foreign trip must receive such approval. For purposes of this
provision, "foreign travel" includes any travel outside Canada, Mexico,the United States, and any United
States territories and possessions. However,the term"foreign travel"for a non-profit organization located in a
foreign country means travel outside that country.
52. Trustees.Travel and subsistence costs of trustees (or directors)are allowable. The costs are subject to
restrictions regarding lodging, subsistence and air travel costs provided in paragraph 51.
ATTACHMENT C
Circular No.A-122
•
NON-PROFIT ORGANIZATIONS NOT SUBJECT TO THIS CIRCULAR
•
• Advance Technology Institute(ATI), Charleston, South Carolina
• Aerospace Corporation, El Segundo, California
• American Institutes of Research (AIR),Washington D.C.
• Argonne National Laboratory, Chicago, Illinois
• Atomic Casualty Commission,Washington, D.C.
• Battelle'Memorial Institute, Headquartered in Columbus, Ohio
• Brookhaven National Laboratory, Upton, New York
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
• Owners shall use media accessible to minorities when advertising the availability
of units.
• Owners shall use the Equal Housing Opportunity logo, slogan or statement in all
advertising.
• Owners shall maintain a non-discriminatory hiring policy.
• Owners shall adopt a fair housing policy.
2. Informing low- and moderate-income persons about available units
Property Owners having vacant units may call the Omaha Housing Authority (OHA) at
444-6900 and place units on OHA's "Available Unit" list. This list is distributed to
families who have received Certificates of Family Participation and are looking for units
to rent. The listing will remain on the "Available" list for 35 calendar days, then be
removed. If still vacant, the property may be relisted.
If the property is not listed with OHA when rehabilitated or constructed units are
available for initial occupancy, the owner shall inform the following outreach agencies
and/or other agencies of this fact in writing and submit a copy of the letters to the City of
Omaha, Planning Department, Housing and Community Development Division, Loan
Section, 1819 Farnam Street, Room 1111, Omaha, Nebraska, 68183.
Chicano Awareness Center, Inc. Urban League of Nebraska
4821 South 24th Street 3022 North 24th Street
Omaha,NE 68107 Omaha, NE 68111
Family Housing Advisory Services Community Alliance
2401 Lake Street 4001 Leavenworth Street
Omaha,NE 68111 Omaha,NE 68105
Eastern Nebraska Human Services Heartland Family Service
900 South 74th Plaza, Suite 200 2101 South 42nd Street
Omaha,NE 68114 Omaha, NE 68105
Greater Omaha Community Action Heartland Family Service
- 2406 Fowler Avenue 6720 North 30th Street
Omaha, NE 68111 Omaha,NE 68112
Greater Omaha Community Action Heartland Family Service
5002 South 24th Street, Suite 203 2580 South 90th Street
Omaha, NE 68111 Omaha, NE 68124
League of Human Dignity Heartland Family Service
5513 Center Street 11212 Davenport Street•
Omaha, NE 68106 Omaha, NE 68154
Heartland Family Service Nebraska Commission for the Deaf
116 E. Mission Avenue 1313 Farnam on the Mall
Bellevue, NE 68005 Omaha, NE 68102
2 Revised 5/1/08
ilable for
specific trips if the non-profit organization can demonstrate either of the following: (a)that such airfare was
not available in the specific case; or(b)that it is the non-profit organization's overall practice to make routine
use of such airfare.
d. Air travel by other than commercial carrier. Costs of travel by non-profit organization-owned, -leased, or-
chartered aircraft include the cost of lease, charter, operation(including personnel costs), maintenance,
depreciation, insurance, and other related costs.The portion of such costs that exceeds the cost of allowable
commercial air travel, as provided for in subparagraph]c., is unallowable.
e. Foreign travel. Direct charges for foreign travel costs are allowable only when the travel has received prior
approval of the awarding agency. Each separate foreign trip must receive such approval. For purposes of this
provision, "foreign travel" includes any travel outside Canada, Mexico,the United States, and any United
States territories and possessions. However,the term"foreign travel"for a non-profit organization located in a
foreign country means travel outside that country.
52. Trustees.Travel and subsistence costs of trustees (or directors)are allowable. The costs are subject to
restrictions regarding lodging, subsistence and air travel costs provided in paragraph 51.
ATTACHMENT C
Circular No.A-122
•
NON-PROFIT ORGANIZATIONS NOT SUBJECT TO THIS CIRCULAR
•
• Advance Technology Institute(ATI), Charleston, South Carolina
• Aerospace Corporation, El Segundo, California
• American Institutes of Research (AIR),Washington D.C.
• Argonne National Laboratory, Chicago, Illinois
• Atomic Casualty Commission,Washington, D.C.
• Battelle'Memorial Institute, Headquartered in Columbus, Ohio
• Brookhaven National Laboratory, Upton, New York
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
Heartland Family Service Omaha Association for the Blind
302 American Parkway 1024 South 32nd Street
Papillion, NE 68046 Omaha,NE 68105
Holy Name Housing Corporation Great Plains Chapter
3014 North 45th Street Paralyzed Veterans of America
Omaha, NE 68104 7612 Maple Street
Omaha, NE 68134
Mayor's Commission for Citizens
with Disabilities
1819 Farnam Street, Room 304
Omaha, NE 68183
3. Record Keeping
The Owner shall keep records of the following:
• Local media advertisements of the vacant unit
• Contact dates with outreach agencies and Omaha Housing Authority
• Correspondence informing outreach agencies of vacancies
• Race and other demographic data of occupants and persons inquiring about
availability of units
• Tenant Survey, utility allowance and income determination forms signed and dated
by Owner
• Name and age of all household members
• Verified income for each household
• Copy of lease
4. Assessment of Actions
The Owner's affirmative marketing efforts will be assessed by the City to:
• determine whether Owners have affirmatively marketed vacant units to individuals
who normally might not apply; and,
• determine whether a sufficient number of racial and ethnic families have applied for
vacant units
The City will take corrective action if it is found that property owners are not carrying out
established procedures of the City's Affirmative Marketing Policy and Monitoring Procedures.
3 Revised 5/1/08
111211
EQUAL HOUSING
OPPORTUNITY
68114 Omaha, NE 68105
Greater Omaha Community Action Heartland Family Service
- 2406 Fowler Avenue 6720 North 30th Street
Omaha, NE 68111 Omaha,NE 68112
Greater Omaha Community Action Heartland Family Service
5002 South 24th Street, Suite 203 2580 South 90th Street
Omaha, NE 68111 Omaha, NE 68124
League of Human Dignity Heartland Family Service
5513 Center Street 11212 Davenport Street•
Omaha, NE 68106 Omaha, NE 68154
Heartland Family Service Nebraska Commission for the Deaf
116 E. Mission Avenue 1313 Farnam on the Mall
Bellevue, NE 68005 Omaha, NE 68102
2 Revised 5/1/08
ilable for
specific trips if the non-profit organization can demonstrate either of the following: (a)that such airfare was
not available in the specific case; or(b)that it is the non-profit organization's overall practice to make routine
use of such airfare.
d. Air travel by other than commercial carrier. Costs of travel by non-profit organization-owned, -leased, or-
chartered aircraft include the cost of lease, charter, operation(including personnel costs), maintenance,
depreciation, insurance, and other related costs.The portion of such costs that exceeds the cost of allowable
commercial air travel, as provided for in subparagraph]c., is unallowable.
e. Foreign travel. Direct charges for foreign travel costs are allowable only when the travel has received prior
approval of the awarding agency. Each separate foreign trip must receive such approval. For purposes of this
provision, "foreign travel" includes any travel outside Canada, Mexico,the United States, and any United
States territories and possessions. However,the term"foreign travel"for a non-profit organization located in a
foreign country means travel outside that country.
52. Trustees.Travel and subsistence costs of trustees (or directors)are allowable. The costs are subject to
restrictions regarding lodging, subsistence and air travel costs provided in paragraph 51.
ATTACHMENT C
Circular No.A-122
•
NON-PROFIT ORGANIZATIONS NOT SUBJECT TO THIS CIRCULAR
•
• Advance Technology Institute(ATI), Charleston, South Carolina
• Aerospace Corporation, El Segundo, California
• American Institutes of Research (AIR),Washington D.C.
• Argonne National Laboratory, Chicago, Illinois
• Atomic Casualty Commission,Washington, D.C.
• Battelle'Memorial Institute, Headquartered in Columbus, Ohio
• Brookhaven National Laboratory, Upton, New York
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
Affirmative Marketing Policy Monitoring Procedures
1. Duties and Responsibilities of the Owner
a) The Owner shall post the HUD Equal Housing Opportunity Logo in the project
building and in the rental or sales office.
b) The Owner shall submit to the City a copy of all letters notifying the outreach
agencies of vacancies. Outreach agencies may include, but are not limited to, the
agencies listed in Item 2, Page 2.
c) The Owner shall submit to the City a copy of all advertisements placed in the local
newspapers. All advertisements must include the Equal Housing Opportunity
Logo, Slogan or Statement.
d) The Owner shall submit to the City a Demographics for Applicant, attached as
Exhibit 1, which includes the name, racial/ethnic characteristics, income and family
size for each person responding to the advertisement.
e) The Owner shall meet with each in-place tenants of the occupied vacant units and
complete a Tenant Survey, utility allowance and computing annual income form. A
copy of each form is attached and marked Exhibit 2.
f) The Owner shall submit to the City the original Tenant Survey, utility allowance,
• income determination form (signed and dated by Owner) and a copy of the lease
agreement and retain a copy for proper record keeping. Forms must be updated on
lease anniversary date and submitted to the City.
g) The Owner shall provide each in-place tenant in the project with a copy of the City
of Omaha's written Tenant Assistance Policy (TAP) and shall advise said tenant(s)
of the impact of the project on him or her. The Owner shall provide the TAP to the
tenant immediately after submission of the Owner's application for participation in
the City's program.
h) After completion of the project, the Owner shall submit a Tenant Survey, utility
allowance and income determination form (signed and dated by Owner) for each
occupied unit and a copy of the lease agreement.
i) Owner shall insure that the rents, including utilities and Median Family Income, are
consistent with the terms and conditions in the approved Agreement between the
Owner and the City of Omaha •
4 Revised 5/1/08
EQUAL HOUSING
OPPORTUNITY
specific trips if the non-profit organization can demonstrate either of the following: (a)that such airfare was
not available in the specific case; or(b)that it is the non-profit organization's overall practice to make routine
use of such airfare.
d. Air travel by other than commercial carrier. Costs of travel by non-profit organization-owned, -leased, or-
chartered aircraft include the cost of lease, charter, operation(including personnel costs), maintenance,
depreciation, insurance, and other related costs.The portion of such costs that exceeds the cost of allowable
commercial air travel, as provided for in subparagraph]c., is unallowable.
e. Foreign travel. Direct charges for foreign travel costs are allowable only when the travel has received prior
approval of the awarding agency. Each separate foreign trip must receive such approval. For purposes of this
provision, "foreign travel" includes any travel outside Canada, Mexico,the United States, and any United
States territories and possessions. However,the term"foreign travel"for a non-profit organization located in a
foreign country means travel outside that country.
52. Trustees.Travel and subsistence costs of trustees (or directors)are allowable. The costs are subject to
restrictions regarding lodging, subsistence and air travel costs provided in paragraph 51.
ATTACHMENT C
Circular No.A-122
•
NON-PROFIT ORGANIZATIONS NOT SUBJECT TO THIS CIRCULAR
•
• Advance Technology Institute(ATI), Charleston, South Carolina
• Aerospace Corporation, El Segundo, California
• American Institutes of Research (AIR),Washington D.C.
• Argonne National Laboratory, Chicago, Illinois
• Atomic Casualty Commission,Washington, D.C.
• Battelle'Memorial Institute, Headquartered in Columbus, Ohio
• Brookhaven National Laboratory, Upton, New York
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
2. Duties and Responsibilities of the City
a) The City shall assess the affirmative marketing procedures to determine whether the
Owner has affirmatively marketed the vacant units by monitoring the Owner's
performance in carrying out the Duties and Responsibilities of the Owner as
outlined in Section 1.
b) The City shall assess the affirmative marketing efforts of the Owner to determine
whether a sufficient number of racial and ethnic families have applied for vacant
units. This determination will be made by reviewing the information provided on
the Demographics Form for Applicant and Tenant Survey Form to determine the
proportion of racial/gender participation versus overall participation.
c) The City shall take the following corrective action if it is found that the Owner is
not carrying out established procedures of affirmatively marketing units:
• Notify the Owner in writing of any violations of the Owner's Duties and
Responsibilities.
• The Owner will be given thirty (30) days upon receipt of written notification to
provide evidence of compliance. Upon the Owner's request, the City will
provide technical assistance.
• If the Owner fails to comply with the Affirmative Marketing Policy and
Monitoring Procedures, the City may declare the loan/grant in default.
5 Revised 5/1/08
EQUAL HOUSING
OPPORTUNITY
g) The Owner shall provide each in-place tenant in the project with a copy of the City
of Omaha's written Tenant Assistance Policy (TAP) and shall advise said tenant(s)
of the impact of the project on him or her. The Owner shall provide the TAP to the
tenant immediately after submission of the Owner's application for participation in
the City's program.
h) After completion of the project, the Owner shall submit a Tenant Survey, utility
allowance and income determination form (signed and dated by Owner) for each
occupied unit and a copy of the lease agreement.
i) Owner shall insure that the rents, including utilities and Median Family Income, are
consistent with the terms and conditions in the approved Agreement between the
Owner and the City of Omaha •
4 Revised 5/1/08
EQUAL HOUSING
OPPORTUNITY
specific trips if the non-profit organization can demonstrate either of the following: (a)that such airfare was
not available in the specific case; or(b)that it is the non-profit organization's overall practice to make routine
use of such airfare.
d. Air travel by other than commercial carrier. Costs of travel by non-profit organization-owned, -leased, or-
chartered aircraft include the cost of lease, charter, operation(including personnel costs), maintenance,
depreciation, insurance, and other related costs.The portion of such costs that exceeds the cost of allowable
commercial air travel, as provided for in subparagraph]c., is unallowable.
e. Foreign travel. Direct charges for foreign travel costs are allowable only when the travel has received prior
approval of the awarding agency. Each separate foreign trip must receive such approval. For purposes of this
provision, "foreign travel" includes any travel outside Canada, Mexico,the United States, and any United
States territories and possessions. However,the term"foreign travel"for a non-profit organization located in a
foreign country means travel outside that country.
52. Trustees.Travel and subsistence costs of trustees (or directors)are allowable. The costs are subject to
restrictions regarding lodging, subsistence and air travel costs provided in paragraph 51.
ATTACHMENT C
Circular No.A-122
•
NON-PROFIT ORGANIZATIONS NOT SUBJECT TO THIS CIRCULAR
•
• Advance Technology Institute(ATI), Charleston, South Carolina
• Aerospace Corporation, El Segundo, California
• American Institutes of Research (AIR),Washington D.C.
• Argonne National Laboratory, Chicago, Illinois
• Atomic Casualty Commission,Washington, D.C.
• Battelle'Memorial Institute, Headquartered in Columbus, Ohio
• Brookhaven National Laboratory, Upton, New York
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
EXHIBIT 1
CITY OF OMAHA
DEMOGRAPHICS FORM FOR APPLICANTS
Loan No. Date No. of Vacant Units
Owner Project Address
Person Completing Person's Phone No.
This Report Home: Work
Race/Ethnicity
Family Monthly Of Head of
Applicant Size Income Household
$
NOTE: This form is a list of everyone who inquired about renting or purchasing the unit(s).
EQUAL HOUSING
OPPORTUNITY Revised 5/1/08
provided on this form and any related
application for public benefits are true, complete and accurate and I understand that this
information may be used to verify my lawful presence in the United States.
PRINT NAME:
By:
SIGNATURE:
DATE:
Created and approved 10/26/2009
nstruction
577.85
vAJ. ua 11.-i-,.�.-- !1uU1W ui JLaLc , t.o u 'Juve1111nenis, ana iNon-Yront urganlzations rage 1 of 32
•
•
) xhi1aI j
_ •
,-: Office of Management and Budget
•
Circular •No . A- 133
Revised to show changes published
in the
•
Federal Register June 27, 2003
Audits of States, Local Governments, and Non-Profit
Organizations •
Accompanying Federal Register Materials:
-- Audits of States, Local Governments, and Non-Profit
•
Organizations June 30, 1997
•
-- Revision published June 27, 2003
TO THE HEADS OF EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS •
SUBJECT: Audits of States, Local Governments, and Non-Profit Organizations
1. .Purpose. This Circular is issued pursuant to the Single Audit Act of 1984, P.L. 98-502, and the
Single Audit Act Amendments of 1996, P.L. 104-156. It sets forth standards for obtaining
consistency and uniformity among Federal agencies for the audit of States, local governments, and
non-profit organizations expending Federal awards.
•
2. Authority. 'Circular A-133 is issued under the authority of sections 503, 1111, and 7501 et seq.
of title 31, United States Code, and Executive Orders 8248 and 11541.
3. Rescission and Supersession. This Circular rescinds Circular A-128, "Audits of State and Local
Governments," issued April 12, 1985, and supersedes the prior Circular A-133, "Audits of
Institutions of Higher Education and Other. Non-Profit Institutions," issued April 22, 1996. For
effective dates, see paragraph 10.
•
4. Policy. Except as provided herein, the standards set forth in this Circular shall be applied by all
Federal agencies. If any statute specifically prescribes policies or specific requirements that differ
from the standards provided herein, the provisions of the subsequent statute shall govern.
Federal agencies shall apply the provisions of the sections of this Circular to non-Federal entities,
whether they are recipients expending Federal awards received directly from Federal awarding
agencies, or are subrecipients expending Federal awards received from a pass-through entity (a
recipient or another subrecipient).
This Circular does not apply to non-U:S. based entities expending Federal awards received either
directly as a recipient or indirectly as a subrecipient.
http://www.whitehouse.gov/omb/rewrite/circulars/a 133/print/a 13 3.html • 8/31/2009
rganization's overall practice to make routine
use of such airfare.
d. Air travel by other than commercial carrier. Costs of travel by non-profit organization-owned, -leased, or-
chartered aircraft include the cost of lease, charter, operation(including personnel costs), maintenance,
depreciation, insurance, and other related costs.The portion of such costs that exceeds the cost of allowable
commercial air travel, as provided for in subparagraph]c., is unallowable.
e. Foreign travel. Direct charges for foreign travel costs are allowable only when the travel has received prior
approval of the awarding agency. Each separate foreign trip must receive such approval. For purposes of this
provision, "foreign travel" includes any travel outside Canada, Mexico,the United States, and any United
States territories and possessions. However,the term"foreign travel"for a non-profit organization located in a
foreign country means travel outside that country.
52. Trustees.Travel and subsistence costs of trustees (or directors)are allowable. The costs are subject to
restrictions regarding lodging, subsistence and air travel costs provided in paragraph 51.
ATTACHMENT C
Circular No.A-122
•
NON-PROFIT ORGANIZATIONS NOT SUBJECT TO THIS CIRCULAR
•
• Advance Technology Institute(ATI), Charleston, South Carolina
• Aerospace Corporation, El Segundo, California
• American Institutes of Research (AIR),Washington D.C.
• Argonne National Laboratory, Chicago, Illinois
• Atomic Casualty Commission,Washington, D.C.
• Battelle'Memorial Institute, Headquartered in Columbus, Ohio
• Brookhaven National Laboratory, Upton, New York
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
4.a t 'iv, .
5. Definitiohs. The definitions of key terms used in this Circular are contained in § .105 in the
Attachment to this Circular.
6. Required Action. The specific requirements and responsibilities of Federal agencies and non-
Federal entities are set forth in the Attachment to this Circular. Federal agencies making awards to
non-Federal entities, either directly or indirectly, shall adopt the language in the Circular in codified
regulations as provided in Section 10 (below), unless different provisions are required by Federal
statute or are approved by the Office of Management and Budget (OMB).
7. OMB Responsibilities. OMB will review Federal agency regulations and implementation of this
Circular, and will provide interpretations of policy requirements and assistance to ensure uniform,
effective and efficient implementation.
8. Information Contact. Further information concerning Circular A-133 may be obtained by
• contacting the Financial Standards and Reporting Branch, Office of Federal Financial Management,
Office of Management and Budget, Washington, DC 20503, telephone (202) 395-3993.
9. Review Date. This Circular will have a policy review three years from the date of issuance.
10. Effective Dates. The standards set forth in § .400 of the Attachment to this Circular, which
apply directly to Federal agencies, shall be effective.July 1, 1996, and shall apply to audits of fiscal
years beginning after June 30, 1996, except as otherwise specified in § .400(a).
The standards set forth in this Circular that Federal agencies shall apply to non-Federal entities
shall be adopted by Federal agencies in codified regulations not later than 60 days after publication
of this final revision in the Federal Register, so that they will apply to audits of fiscal years
beginning after June 30, 1996, with the exception that § .305(b) of the Attachment applies to
audits of fiscal years beginning after June 30, 1998. The requirements of Circular A-128, although
the Circular is rescinded, and the 1990 version of Circular A-133 remain in effect for audits of fiscal
years beginning on or before June 30, 1996.
The revisions published in the Federal Register June 27, 2003, are effective for fiscal
years ending after December 31, 2003, and early implementation is not permitted with
the exception of the definition of oversight agency for audit, which is effective July 28,
2003.
Augustine T. Smythe •
Acting Director
Attachment
•
PART_ --AUDITS OF STATES, LOCAL GOVERNMENTS, AND.NON-PROFIT
ORGANIZATIONS •
•
Subpart A--General
•
Sec. •
_.100 Purpose.
.105 Definitions. •
Subpart B--Audits
.200 Audit requirements.
•
http://www.whitehouse.gov/omb/rewrite/circulars/al 3 3/print/al 3 3.html 8/31/2009
such costs that exceeds the cost of allowable
commercial air travel, as provided for in subparagraph]c., is unallowable.
e. Foreign travel. Direct charges for foreign travel costs are allowable only when the travel has received prior
approval of the awarding agency. Each separate foreign trip must receive such approval. For purposes of this
provision, "foreign travel" includes any travel outside Canada, Mexico,the United States, and any United
States territories and possessions. However,the term"foreign travel"for a non-profit organization located in a
foreign country means travel outside that country.
52. Trustees.Travel and subsistence costs of trustees (or directors)are allowable. The costs are subject to
restrictions regarding lodging, subsistence and air travel costs provided in paragraph 51.
ATTACHMENT C
Circular No.A-122
•
NON-PROFIT ORGANIZATIONS NOT SUBJECT TO THIS CIRCULAR
•
• Advance Technology Institute(ATI), Charleston, South Carolina
• Aerospace Corporation, El Segundo, California
• American Institutes of Research (AIR),Washington D.C.
• Argonne National Laboratory, Chicago, Illinois
• Atomic Casualty Commission,Washington, D.C.
• Battelle'Memorial Institute, Headquartered in Columbus, Ohio
• Brookhaven National Laboratory, Upton, New York
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
1 Clb'l, J Vl JG
•
_.205 Basis for determining Federal awards expended.
_.210 Subrecipient and vendor determinations.
_.215 Relation to other audit requirements.
_.220 Frequency of audits. •
_.225 Sanctions.
_.230 Audit Costs.
• _.235 Program-specific audits. •
•
Subpart C--Auditees
_.300 Auditee responsibilities.
_.305 Auditor selection.
_.310 Financial statements. .
•
_.315 Audit findings follow-up.
_.320 Report submission.
Subpart D-=Federal Agencies and Pass_ThrougbEntities
_.400 Responsibilities.
_.405 Management decision.
•
Subpart E--Auditors
_.500 Scope of audit.
_.505 Audit reporting.
_.510 Audit findings.
_.515 Audit working papers.
_.520 Major program determination.
_.525 Criteria for Federal program risk. •
_.530 Criteria for a low-risk auditee. •
Appendix A to Part _ - Data Collection Form (Form SF-SAC).
Appendix B to Part — - Circular A-133 Compliance Supplement.
Table of Contents
Subpart A--General •
§ .100 Purpose. •
This part sets forth standards for obtaining consistency and uniformity among Federal agencies for
the,audit of non-Federal entities expending Federal awards.
§ .105 Definitions.
Auditee means any non-Federal entity that expends Federal awards which must be audited under
this part. Auditor means an auditor, that is a public accountant or a Federal, State or local
government audit organization, which meets the general standards specified in generally accepted
government auditing standards (GAGAS). The term auditor does not include internal auditors of
non-profit organizations.
Audit finding means deficiencies which the auditor is required by § .510(a) to report in the
•
• hltp://www.whitehouse.gov/omb/rewrite/circul ars/a 13 3/print/al 33.html 8/31/2009
scinded, and the 1990 version of Circular A-133 remain in effect for audits of fiscal
years beginning on or before June 30, 1996.
The revisions published in the Federal Register June 27, 2003, are effective for fiscal
years ending after December 31, 2003, and early implementation is not permitted with
the exception of the definition of oversight agency for audit, which is effective July 28,
2003.
Augustine T. Smythe •
Acting Director
Attachment
•
PART_ --AUDITS OF STATES, LOCAL GOVERNMENTS, AND.NON-PROFIT
ORGANIZATIONS •
•
Subpart A--General
•
Sec. •
_.100 Purpose.
.105 Definitions. •
Subpart B--Audits
.200 Audit requirements.
•
http://www.whitehouse.gov/omb/rewrite/circulars/al 3 3/print/al 3 3.html 8/31/2009
such costs that exceeds the cost of allowable
commercial air travel, as provided for in subparagraph]c., is unallowable.
e. Foreign travel. Direct charges for foreign travel costs are allowable only when the travel has received prior
approval of the awarding agency. Each separate foreign trip must receive such approval. For purposes of this
provision, "foreign travel" includes any travel outside Canada, Mexico,the United States, and any United
States territories and possessions. However,the term"foreign travel"for a non-profit organization located in a
foreign country means travel outside that country.
52. Trustees.Travel and subsistence costs of trustees (or directors)are allowable. The costs are subject to
restrictions regarding lodging, subsistence and air travel costs provided in paragraph 51.
ATTACHMENT C
Circular No.A-122
•
NON-PROFIT ORGANIZATIONS NOT SUBJECT TO THIS CIRCULAR
•
• Advance Technology Institute(ATI), Charleston, South Carolina
• Aerospace Corporation, El Segundo, California
• American Institutes of Research (AIR),Washington D.C.
• Argonne National Laboratory, Chicago, Illinois
• Atomic Casualty Commission,Washington, D.C.
• Battelle'Memorial Institute, Headquartered in Columbus, Ohio
• Brookhaven National Laboratory, Upton, New York
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
schedule of findings and questioned costs.
CFDA number means the number assigned to a Federal program in the Catalog of Federal
Domestic Assistance (CFDA).
Cluster of programs means a grouping of closely related programs that share common
compliance requirements. The types of clusters of programs are research and development (R&D),
student financial aid (SFA), and other clusters. "Other clusters" are as defined by the Office of
Management and Budget (OMB) in the compliance supplement or as designated by a State for
Federal awards the State provides to its subrecipients that meet the definition of a cluster of
programs. When designating an "other cluster," a State shall identify the Federal awards included
in the cluster and advise the subrecipients of compliance requirements applicable to the cluster,
consistent with § .400(d)(1) and § .400(d)(2), respectively. A cluster of programs shall
be considered as one program for determining major programs, as described in § .520, and,
with the exception of R&D as described in § .200(c), whether a program-specific audit may be
elected.
Cognizant agency for audit means the Federal agency designated to carry out the .
responsibilities described in § .400(a).
Compliance supplement refers to the Circular A-133 Compliance Supplement, included as
Appendix B to Circular A-133, or such documents as OMB or its designee may issue to replace it.
This document is available from the Government Printing Office, Superintendent of Documents,
Washington, DC 20402-9325.
Corrective action means action taken by the auditee that:
(1) Corrects identified deficiencies;
(2) Produces recommended improvements; or
(3) Demonstrates that audit findings are either invalid or do not warrant auditee action.
•
Federal agency has the same meaning as the term agency in Section 551(1) of title 5, United
States Code.
Federal award means Federal financial assistance and Federal cost-reimbursement contracts that
non-Federal entities receive directly from Federal awarding agencies or indirectly from pass-
through entities. It does not include procurement contracts, under grants or contracts, used to buy
goods or services from vendors. Any audits of such vendors shall be covered by the terms and
conditions of the contract. Contracts to operate Federal Government owned, contractor operated
facilities (GOCOs) are excluded from the requirements of this part.
Federal awarding agency means the Federal agency that provides an award directly to the
recipient.
Federal financial assistance means assistance that non-Federal entities receive or administer in
the form of grants, loans, loan guarantees, property (including donated surplus property),
cooperative agreements, interest subsidies, insurance, food commodities, direct appropriations,
and other assistance, but does not include amounts received as reimbursement for services
rendered to individuals as described in § .205(h) and § .205(i)..
Federal program means:
http://www.whitehouse.gov/omb/rewrite/.circulars/a133/print/a133.html 8/31/2009
wable only when the travel has received prior
approval of the awarding agency. Each separate foreign trip must receive such approval. For purposes of this
provision, "foreign travel" includes any travel outside Canada, Mexico,the United States, and any United
States territories and possessions. However,the term"foreign travel"for a non-profit organization located in a
foreign country means travel outside that country.
52. Trustees.Travel and subsistence costs of trustees (or directors)are allowable. The costs are subject to
restrictions regarding lodging, subsistence and air travel costs provided in paragraph 51.
ATTACHMENT C
Circular No.A-122
•
NON-PROFIT ORGANIZATIONS NOT SUBJECT TO THIS CIRCULAR
•
• Advance Technology Institute(ATI), Charleston, South Carolina
• Aerospace Corporation, El Segundo, California
• American Institutes of Research (AIR),Washington D.C.
• Argonne National Laboratory, Chicago, Illinois
• Atomic Casualty Commission,Washington, D.C.
• Battelle'Memorial Institute, Headquartered in Columbus, Ohio
• Brookhaven National Laboratory, Upton, New York
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
�...v..aa...i a a . ., a aa.auaw .,1 1._11.“0..J LVNu1 V V vli111111141LJ, R11U 1v U11-1 1011L V1 60.111GQ11V11J rags J U1 .i
(1) All Federal awards to a non-Federal entity assigned a single number in the CFDA.
(2) When no CFDA number is assigned, all Federal awards from the same agency made for
the same purpose should be combined and considered one program.
•
(3) Notwithstanding paragraphs (1) and (2) of this definition, a cluster of programs. The
types or clusters of programs are:
(i);Research and development (R&D);
•
(ii) Student financial aid (SFA); and •
(iii) "Other clusters," as described in the definition of cluster of programs in this
section.
GAGAS means generally accepted government auditing standards issued by the Comptroller
General of the.United States, which are applicable to financial audits.
Generally accepted accounting principles has the meaning specified in generally accepted
auditing standards issued by the American Institute of Certified Public Accountants (AICPA).
Indian tribe means any Indian tribe, band, nation, or other organized group or community,
including any Alaskan Native village or regional or village corporation (as defined in, or established
under, the Alaskan Native Claims Settlement Act) that is recognized by the United States as eligible
for the special programs and services provided by the United States to Indians because of their
status as Indians.
Internal control means a process, effected by an entity's management and other personnel,
designed to provide reasonable assurance regarding the achievement of objectives in the following
categories:
(1) Effectiveness and efficiency of operations;
•
(2) Reliability of financial reporting; and
(3) Compliance with applicable laws and regulations.
Internal control pertaining to the compliance requirements for. Federal programs (Internal
control over Federal programs) means a process--effected by an entity's management and other
personnel--designed to provide reasonable assurance regarding the achievement of the following
objectives for Federal programs:
(1) Transactions are properly recorded and accounted for to:
(i) Permit the preparation of reliable financial statements and Federal reports;
• (ii) Maintain accountability over assets; and
(iii) Demonstrate compliance with laws, regulations, and other compliance
requirements;
(2) Transactions are executed in compliance with:
•
http://www.whitehouse.gov/omb/rewrite/circulars/a133/pr.int/a133.html 8/31/2009
ce that non-Federal entities receive or administer in
the form of grants, loans, loan guarantees, property (including donated surplus property),
cooperative agreements, interest subsidies, insurance, food commodities, direct appropriations,
and other assistance, but does not include amounts received as reimbursement for services
rendered to individuals as described in § .205(h) and § .205(i)..
Federal program means:
http://www.whitehouse.gov/omb/rewrite/.circulars/a133/print/a133.html 8/31/2009
wable only when the travel has received prior
approval of the awarding agency. Each separate foreign trip must receive such approval. For purposes of this
provision, "foreign travel" includes any travel outside Canada, Mexico,the United States, and any United
States territories and possessions. However,the term"foreign travel"for a non-profit organization located in a
foreign country means travel outside that country.
52. Trustees.Travel and subsistence costs of trustees (or directors)are allowable. The costs are subject to
restrictions regarding lodging, subsistence and air travel costs provided in paragraph 51.
ATTACHMENT C
Circular No.A-122
•
NON-PROFIT ORGANIZATIONS NOT SUBJECT TO THIS CIRCULAR
•
• Advance Technology Institute(ATI), Charleston, South Carolina
• Aerospace Corporation, El Segundo, California
• American Institutes of Research (AIR),Washington D.C.
• Argonne National Laboratory, Chicago, Illinois
• Atomic Casualty Commission,Washington, D.C.
• Battelle'Memorial Institute, Headquartered in Columbus, Ohio
• Brookhaven National Laboratory, Upton, New York
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
• (i) Laws, regulations, and the provisions of contracts or grant agreements that could
have a direct and material effect on a Federal program; and
(ii) Any other laws and regulations that are identified in the compliance supplement;
and
(3) Funds, property, and other assets are safeguarded against loss from unauthorized use or
disposition.
Loan means a Federal loan or loan guarantee received or administered by a non-Federal entity.
Local government means any unit of local government within .a State, including a county,
borough, municipality, city, town, township, parish, local public authority, special district, school
district, intrastate district, council of governments, and any other instrumentality of local
government.
Major program means a Federal program determined by the auditor to be a major program in
accordance with § .520 or a program identified as a major program by a Federal agency or
pass-through entity in accordance with § .215(c).
Management decision means the evaluation by the. Federal awarding agency or pass-through
entity of the audit findings and corrective action plan and the issuance of a written decision as to
what corrective action is necessary.
Non-Federal entity means a State, local government, or non-profit organization. •
Non-profit organization means:
(1) any corporation, trust, association, cooperative, or other organization that:
(i) Is operated primarily for scientific, educational, service, charitable, or similar
purposes in the public interest; .
(ii) Is not organized primarily for profit; and
•
(iii) Uses its net proceeds to maintain, improve, or expand its operations; and
(2) The term non-profit organization includes non-profit institutions of higher education
and hospitals.
OMB means the Executive Office of the President, Office of Management and Budget.
Oversight agency for audit means the Federal awarding agency that provides. the predominant
amount of direct funding to a recipient not assigned a cognizant agency for audit. When there is no
direct funding; the Federal agency with the predominant indirect funding shall assume the
oversight responsibilities. The duties of the oversight agency for audit are described in § .400
(b)•
•
Effective July 28, 2003, the following is added to this definition:
A Federal agency with oversight for an auditee may reassign oversight to another. Federal
agency which provides substantial funding and agrees to be the oversight agency for audit.
Within 30 days after any reassignment, both the old and the new oversight agency for audit
shall notify the auditee, and, if known, the auditor of the reassignment.
http://www.whitehouse.gov/omb/rewrite/circulars/a133/print/a 13 3.html 8/31/2009
ce, but does not include amounts received as reimbursement for services
rendered to individuals as described in § .205(h) and § .205(i)..
Federal program means:
http://www.whitehouse.gov/omb/rewrite/.circulars/a133/print/a133.html 8/31/2009
wable only when the travel has received prior
approval of the awarding agency. Each separate foreign trip must receive such approval. For purposes of this
provision, "foreign travel" includes any travel outside Canada, Mexico,the United States, and any United
States territories and possessions. However,the term"foreign travel"for a non-profit organization located in a
foreign country means travel outside that country.
52. Trustees.Travel and subsistence costs of trustees (or directors)are allowable. The costs are subject to
restrictions regarding lodging, subsistence and air travel costs provided in paragraph 51.
ATTACHMENT C
Circular No.A-122
•
NON-PROFIT ORGANIZATIONS NOT SUBJECT TO THIS CIRCULAR
•
• Advance Technology Institute(ATI), Charleston, South Carolina
• Aerospace Corporation, El Segundo, California
• American Institutes of Research (AIR),Washington D.C.
• Argonne National Laboratory, Chicago, Illinois
• Atomic Casualty Commission,Washington, D.C.
• Battelle'Memorial Institute, Headquartered in Columbus, Ohio
• Brookhaven National Laboratory, Upton, New York
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
� 1.1.4u16J kJ kJ 6U4l.J 1JULJa1 lit./Vc11ll11C11LJ, allu 1Nun-rrulil urgannzauons rage / 0r .j2
Pass-through entity means a non-Federal entity that provides a Federal award to a subrecipient
to carry out a Federal program.
. Program-specific audit means an audit of one Federal program as provided for in § .200(c)
and § .235.
Questioned cost means a cost that is questioned by the auditor because of an audit finding:
(1) Which resulted from a violation or possible violation of a provision of a law, regulation,
contract, grant, cooperative agreement, or other agreement or document governing the use
of Federal funds, including funds used to match Federal funds;
(2) Where the costs, at the time of the audit, are not supported by adequate documentation;
or
(3) Where the costs incurred appear unreasonable and do not reflect the actions a prudent
person would take in the circumstances.
Recipient means a non-Federal entity that expends Federal awards received directly from a
Federal awarding agency to carry out a Federal program.
•
Research and development (R&D) means all research activities, both basic and applied, and all
development activities that are performed by a non-Federal entity. Research is defined as a
systematic study directed toward fuller scientific knowledge or understanding of the subject
studied. The term research also includes activities involving the training of individuals in research
techniques where such activities utilize the same facilities as other research and development
activities and where such activities are not included in the instruction function. Development is
the systematic use of knowledge and understanding gained from research directed toward the
production of useful materials, devices, systems, or methods, including design and development of
prototypes and processes.
Single audit means an audit which includes both the entity's financial statements and the Federal
awards as described in § .5.00.
State means any State of the United States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana
Islands, and the Trust Territory of the Pacific Islands, any instrumentality thereof, any multi-State,
regional, or interstate entity which has governmental functions, and any Indian tribe as defined in
this section.
Student Financial Aid (SFA) includes those programs of general student assistance, such as
those authorized by Title IV of the Higher Education Act of 1965, as amended,.(20 U.S.C: 1070 et
seq.) which is administered by the U.S. Department of Education, and similar programs provided
by other Federal agencies. It does not include programs which provide fellowships or similar
Federal awards to students on a competitive basis, or for specified studies or research.
Subrecipient means a non-Federal entity that expends Federal awards received from a pass-
through entity to carry out a Federal program, but does not include an individual that is a
beneficiary of such a program. A subrecipient may also be a recipient of other Federal awards
directly from a Federal awarding agency. Guidance on distinguishing between a subrecipient and a
vendor is provided in § .210.
Types of compliance requirements refers to the types of compliance requirements listed in the
compliance supplement. Examples include: activities allowed or unallowed; allowable costs/cost
http://www.whitehouse.gov/omb/rewritekiroulars/al 3 3/print/a 13 3.htnil 8/31/2009
allowable. The costs are subject to
restrictions regarding lodging, subsistence and air travel costs provided in paragraph 51.
ATTACHMENT C
Circular No.A-122
•
NON-PROFIT ORGANIZATIONS NOT SUBJECT TO THIS CIRCULAR
•
• Advance Technology Institute(ATI), Charleston, South Carolina
• Aerospace Corporation, El Segundo, California
• American Institutes of Research (AIR),Washington D.C.
• Argonne National Laboratory, Chicago, Illinois
• Atomic Casualty Commission,Washington, D.C.
• Battelle'Memorial Institute, Headquartered in Columbus, Ohio
• Brookhaven National Laboratory, Upton, New York
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
principles; cash management; eligibility; matching, level of effort, earmarking; and, reporting.
Vendor means a dealer, distributor, merchant, or other seller providing goods or services that are
required for the conduct of a Federal program. These goods or services may be for an :
organization's own.use or for the use of beneficiaries of the Federal program. Additional guidance
on distinguishing between a subrecipient and a vendor is provided in § .210.
Subpart B--Audits
§ .200 Audit requirements.
(a) Audit required. Non-Federal entities that expend $300,000 ($500,000 for fiscal years ending
after. December 31, 2003) or more in a year in Federal awards shall have a.single or program-
specific audit conducted for that year in accordance with the provisions of this part. Guidance on
determining Federal awards expended is provided in § .205.
(b) Single audit. Non-Federal entities that expend $300,000 ($500,000 for fiscal years ending
after December 31, 2003) or more in a year in Federal awards shall have a single audit conducted
in accordance with § .500 except when they elect to have a program-specific audit conducted
in accordance with paragraph (c) of this section.
(c) Program-specific audit election. When an auditee expends Federal awards under only one
Federal program (excluding R&D) and the Federal program's laws, regulations, or grant
agreements do not require a financial statement audit of the auditee, the auditee may elect to have
a program-specific audit conducted in accordance with § .235. A program-specific.audit may
. not be elected for R&D'unless all of the Federal awards expended were received from the same
Federal agency, or the same Federal agency and the same pass-through entity, and that Federal
agency, or pass-through entity in the case of a subrecipient, approves in advance a program-
specific audit.
•
(d) Exemption when Federal awards expended are less than $300,000 ($500,000 for
fiscal years ending after December 31, 2003). Non-Federal entities that expend less than
$300,000 ($500,000 for fiscal years ending after December 31, 2003),a year in Federal awards are
exempt from Federal audit requirements for that year, except as noted in § .215(a), but
records must be available for review or audit by appropriate officials of the Federal agency, pass-
through entity, and General Accounting Office (GAO).
(e) Federally Funded Research and Development Centers (FFRDC). Management of an
auditee that owns or operates a FFRDC may elect to treat the FFRDC as a separate entity for
purposes of this part.
•
§ ..205 Basis for determining Federal awards expended.
•
(a) Determining Federal awards expended. The determination of when an award is.expended
should be based on when the activity related to the award occurs. Generally, the activity pertains
to events that require the non-Federal entity to comply with laws, regulations, and the provisions
of contracts or grant agreements, such as: expenditure/expense transactions associated with
grants, cost-reimbursement contracts, cooperative agreements, and direct appropriations; the
disbursement of funds passed through to subrecipients; the use of loan proceeds under loan and
loan guarantee programs; the receipt of property; the receipt of surplus property; the receipt or
. use of program income; the distribution or consumption of food commodities; the disbursement of
amounts entitling the non-Federal entity to an interest subsidy; and, the period when insurance is
in.force.
•
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ng, subsistence and air travel costs provided in paragraph 51.
ATTACHMENT C
Circular No.A-122
•
NON-PROFIT ORGANIZATIONS NOT SUBJECT TO THIS CIRCULAR
•
• Advance Technology Institute(ATI), Charleston, South Carolina
• Aerospace Corporation, El Segundo, California
• American Institutes of Research (AIR),Washington D.C.
• Argonne National Laboratory, Chicago, Illinois
• Atomic Casualty Commission,Washington, D.C.
• Battelle'Memorial Institute, Headquartered in Columbus, Ohio
• Brookhaven National Laboratory, Upton, New York
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
(b) Loan and loan guarantees (loans). Since the Federal Government is at risk.for loans until
the debt is repaid, the following guidelines shall be used to calculate the value of Federal awards
expended under loan programs, except as noted in paragraphs (c) and (d) of this section:
(1) Value of new loans made or received during the fiscal year; plus
(2) Balance of loans from previous years for which the Federal Government imposes
continuing compliance requirements; plus
(3) Any interest subsidy, cash, or administrative cost allowance received.
(c) Loan and loan guarantees (loans) at institutions of.higher education. When loans are
made to students of an institution of higher education but the institution does.not make the loans,
then only the value of loans made during the year shall be considered Federal awards expended in
that year. The balance of loans for previous years is not included as Federal awards expended
because the lender accounts for the prior balances.
(d) Prior loan and loan guarantees (loans). Loans, the proceeds of which were received and
expended in prior-years, are not considered Federal awards expended under this part when the
laws, regulations, and the provisions of contracts or grant agreements pertaining to such loans
impose no continuing compliance requirements other than to repay the loans.
(e) Endowment funds. The cumulative balance of Federal awards for endowment funds which are
federally restricted are considered awards expended in each year in which the funds are still
restricted.
(f) Free rent. Free rent received by itself is not considered a Federal award expended under this
part. However, free rent received as part of an award to carry out a Federal program shall be
included in determining Federal awards expended and subject to audit under this part.
(g) Valuing non-cash assistance. Federal non-cash assistance, such as free rent, food stamps,
food commodities, donated property, or donated surplus property, shall be valued at fair market
value at the time of receipt or the assessed value provided by the Federal agency.
(h) Medicare. Medicare payments to a non-Federal entity for providing patient care services to
Medicare eligible individuals are not considered Federal awards expended under this part.
(i) Medicaid. Medicaid payments to a subrecipient for providing patient care services to Medicaid
eligible individuals are not considered Federal awards expended under this part unless a State
requires the funds to be treated as Federal awards expended because reimbursement is on a cost-
reimbursement basis.
(j) Certain loans provided by the National Credit Union Administration. For purposes of this
part, loans made from the National Credit Union Share Insurance Fund and the Central Liquidity
Facility that are funded by contributions from insured institutions are not considered Federal
awards expended.
§ .210 Subrecipient and vendor determinations.
(a) General. An auditee may be a recipient, a.subrecipient, and a vendor. Federal awards
expended as a recipient or a subrecipient would be subject to audit under this part. The payments
received for goods or services provided as a vendor would not be considered Federal awards. The
guidance in pa:ragraphs (b) and (c) of this section should be considered in determining whether
payments constitute a Federal award or a payment for goods and services.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/al 3 3.html 8/31/2009
amounts entitling the non-Federal entity to an interest subsidy; and, the period when insurance is
in.force.
•
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ng, subsistence and air travel costs provided in paragraph 51.
ATTACHMENT C
Circular No.A-122
•
NON-PROFIT ORGANIZATIONS NOT SUBJECT TO THIS CIRCULAR
•
• Advance Technology Institute(ATI), Charleston, South Carolina
• Aerospace Corporation, El Segundo, California
• American Institutes of Research (AIR),Washington D.C.
• Argonne National Laboratory, Chicago, Illinois
• Atomic Casualty Commission,Washington, D.C.
• Battelle'Memorial Institute, Headquartered in Columbus, Ohio
• Brookhaven National Laboratory, Upton, New York
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
(b) Federal award. Characteristics indicative of a Federal award received by a subrecipient are
when the organization:
(1) Determines who is eligible to receive what Federal financial assistance;
(2) Has its performance measured against whether the objectives of the Federal program are
met;
(3) Has responsibility for programmatic decision making;
(4) Has responsibility for adherence to applicable Federal program compliance requirements;
and
(5) Uses the Federal funds to carry out a program of the organization as compared to
providing goods or services for a program of the pass-through entity.
(c) Payment for goods and services. Characteristics indicative of a payment for goods and
services received by a vendor are when the organization:
(1) Provides the goods and services within normal business operations;
(2) Provides similar goods or services to many different purchasers;
(3) Operates in a competitive environment;
(4) Provides goods or services that are ancillary to the operation of the Federal program; and
(5) Is not subject to compliance requirements of the Federal program.
(d) Use of judgment in making determination. There may be unusual circumstances or
exceptions to the listed characteristics. In making the determination of whether a subrecipient or
vendor relationship exists, the substance of the relationship is more important than the form of the
agreement. It is not expected that all of the characteristics will be present and judgment should be
used in determining whether an entity is a subrecipient or vendor.
(e) For-profit subrecipient. Since this part does not apply to for-profit subrecipients, the pass-
through entity is responsible for establishing requirements, as necessary, to ensure compliance by
for-profit subrecipients. The contract with the for-profit subrecipient should describe applicable
compliance requirements and the for-profit subrecipient's compliance responsibility. Methods to
ensure compliance for Federal awards made to for-profit subrecipients may include preaward
audits, monitoring during the contract, and post-award audits.
•
(f) Compliance responsibility for vendors. In most cases, the auditee's compliance
responsibility for vendors is only to ensure that the procurement, receipt, and payment:for goods
and services comply with laws, regulations, and the provisions of contracts or grant agreements.
Program compliance requirements normally do not pass through to vendors. However, the auditee
is responsible for ensuring compliance for vendor transactions which are structured such that the
vendor is responsible for program compliance or the vendor's records must be reviewed to
determine program compliance. Also, when these vendor transactions relate to a major program;
the scope of the audit shall include determining whether these transactions are in compliance with
laws, regulations, and the provisions of contracts or grant agreements.
§ .215 Relation to other audit requirements.
•
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yments
received for goods or services provided as a vendor would not be considered Federal awards. The
guidance in pa:ragraphs (b) and (c) of this section should be considered in determining whether
payments constitute a Federal award or a payment for goods and services.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/al 3 3.html 8/31/2009
amounts entitling the non-Federal entity to an interest subsidy; and, the period when insurance is
in.force.
•
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ng, subsistence and air travel costs provided in paragraph 51.
ATTACHMENT C
Circular No.A-122
•
NON-PROFIT ORGANIZATIONS NOT SUBJECT TO THIS CIRCULAR
•
• Advance Technology Institute(ATI), Charleston, South Carolina
• Aerospace Corporation, El Segundo, California
• American Institutes of Research (AIR),Washington D.C.
• Argonne National Laboratory, Chicago, Illinois
• Atomic Casualty Commission,Washington, D.C.
• Battelle'Memorial Institute, Headquartered in Columbus, Ohio
• Brookhaven National Laboratory, Upton, New York
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
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ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
•
(a) Audit under this part in lieu of other audits. An audit made in accordance with this part
shall be in lieu of any financial audit required under individual Federal awards. To the extent this
audit meets a Federal agency's needs, it shall rely upon and use such audits. The provisions of this
part neither limit the authority of Federal agencies, including their Inspectors General, or GAO to
conduct or arrange for additional audits (e.g., financial audits, performance audits, evaluations,
inspections, or reviews) nor authorize any auditee to constrain Federal agencies from carrying out
additional audits. Any additional audits shall be planned and performed in such.a way as to build
upon work performed by other auditors.
(b) Federal agency to pay for additional audits. A Federal agency that conducts or contracts
for additional audits shall, consistent with other applicable laws and regulations, arrange for
funding the full cost of such additional audits.
(c) Request for a program to be audited as a major program. A Federal agency may request
an auditee to have a particular Federal program audited as a major program in lieu of the Federal
agency conducting or arranging for the additional audits. To allow for planning, such requests
should be made at least 180 days prior to the end of the fiscal year to be audited. The auditee,
after consultation with its auditor, should promptly respond to such request by informing the
Federal agency whether the program would otherwise be audited as a major program using the
risk-based audit approach described in § .520 and, if not, the estimated' incremental cost. The
Federal agency shall then promptly confirm to the auditee whether it wants the program audited as
a major program. If the program is to be audited as a major program based upon this Federal
agency request, and the Federal agency agrees to pay the full incremental costs, then the auditee
shall have the program audited as a major program. A pass-through entity may use the provisions
of this paragraph for a subrecipient.
§ .220 Frequency of audits:
Except for the provisions for biennial audits provided in paragraphs (a) and (b) of this section, .
audits required by this part shall be performed annually. Any biennial audit shall cover both years
within the biennial period.
(a) A State or local government that is required by constitution or statute, in effect on January 1,
1987, to undergo its audits less frequently than annually, is permitted to undergo its audits
pursuant to thispart biennially. This requirement must still be in effect for the biennial period
Y q
under audit.
(b) Any non-profit organization that had biennial audits for all biennial periods ending between July
1, 1992, and January 1, 1995, is permitted to undergo its audits pursuant to this part biennially.
§ .225 Sanctions.
No audit costs may be charged to Federal awards when audits required by this part have not been
made or have been made but not in accordance with this part. In cases of continued inability or
unwillingness to have an audit conducted in accordance with this part, Federal agencies and pass-
through entities shall take appropriate action using sanctions such as:
(a) Withholding a percentage of Federal awards until the audit is completed satisfactorily;
(b) Withholding or disallowing overhead costs;
(c) Suspending Federal awards until the audit is conducted; or
(d) Terminating the Federal award.
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•
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ng, subsistence and air travel costs provided in paragraph 51.
ATTACHMENT C
Circular No.A-122
•
NON-PROFIT ORGANIZATIONS NOT SUBJECT TO THIS CIRCULAR
•
• Advance Technology Institute(ATI), Charleston, South Carolina
• Aerospace Corporation, El Segundo, California
• American Institutes of Research (AIR),Washington D.C.
• Argonne National Laboratory, Chicago, Illinois
• Atomic Casualty Commission,Washington, D.C.
• Battelle'Memorial Institute, Headquartered in Columbus, Ohio
• Brookhaven National Laboratory, Upton, New York
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
§ .230 Audit costs.
•
(a) Allowable costs. Unless prohibited by law, the cost of audits made in accordance with the
provisions of this part are allowable charges to Federal awards. The charges may be considered a
direct cost or an allocated indirect cost, as determined in accordance with the provisions of
applicable OMB cost principles circulars, the Federal Acquisition Regulation (FAR) (48 CFR parts 30
and 31), or other applicable cost principles or regulations.
(b) Unallowable costs. A non-Federal entity shall not charge the following to a Federal award:
(1) The cost of any audit under the Single Audit Act Amendments of 1996 (31 U.S.C. 7501 et
seq.) not conducted in accordance with this part.
(2) The cost of auditing a non-Federal entity which has Federal awards expended of less than
$300,000 ($500,000 for fiscal years ending after December 31, 2003) per year and is
thereby exempted under § .2O0(d) from having an audit conducted under this part.
However, this does not prohibit a pass-through entity from charging Federal awards for the
cost of limited scope audits to monitor its subrecipients in accordance with § .4OO(d)(3),
provided the subrecipient does not have a single audit. For purposes of this part, limited
scope audits only include agreed-upon procedures engagements conducted in accordance
with either the AICPA's generally accepted auditing standards or attestation standards, that
are paid for and arranged by a pass-through entity and address only one or more of the
following types of compliance requirements: activities allowed or unallowed; allowable
costs/cost principles; eligibility; matching, level of effort, earmarking; and, reporting.
§ .235 Program-specific audits.
(a) Program-specific audit guide available. In many cases, a program-specific audit guide will
be available to provide specific guidance to the auditor with respect to internal control, compliance
requirements, suggested audit procedures, and audit reporting requirements. The auditor should
contact the Office of Inspector General of the Federal agency to determine whether such a guide is
available. When a current program-specific audit guide is available, the auditor shall follow GAGAS
and the guide when performing a program-specific audit.
(b) Program-specific audit guide not available.
(1) When a program-specific audit guide is not available, the auditee and auditor shall have
basically the same responsibilities for the Federal program as they would have for an audit of
a major program in a single audit.
(2) The auditee shall prepare the financial statement(s) for the Federal program that
includes, at a minimum, a schedule of expenditures of Federal awards for the program and
notes that describe the significant accounting policies used in preparing the schedule, a
summary schedule of prior audit findings consistent with the requirements of § . .315(b),
and a corrective action plan consistent with the requirements of § .315(c).
(3) The auditor shall:
(i) Perform an audit of the financial statement(s) for the Federal program in accordance
with GAGAS;
(ii) Obtain an understanding of internal control and perform tests of internal control
over the Federal program consistent with the requirements of § .5O0(c) for a
major program;
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l award.
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•
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ng, subsistence and air travel costs provided in paragraph 51.
ATTACHMENT C
Circular No.A-122
•
NON-PROFIT ORGANIZATIONS NOT SUBJECT TO THIS CIRCULAR
•
• Advance Technology Institute(ATI), Charleston, South Carolina
• Aerospace Corporation, El Segundo, California
• American Institutes of Research (AIR),Washington D.C.
• Argonne National Laboratory, Chicago, Illinois
• Atomic Casualty Commission,Washington, D.C.
• Battelle'Memorial Institute, Headquartered in Columbus, Ohio
• Brookhaven National Laboratory, Upton, New York
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
(iii) Perform procedures to determine whether the auditee has complied with laws,
regulations, and the provisions of contracts or grant agreements that could have a
direct and material effect on the Federal program consistent with the requirements of
§ .500(d) for a major program; and
(iv) Follow up on prior audit findings, perform procedures to assess the reasonableness
of the summary schedule of prior audit findings prepared by the auditee, and'report, as
a current year audit finding, when the auditor concludes that the summary schedule of
prior audit findings materially misrepresents the status of any prior audit finding in
accordance with the requirements of § .500(e).
(4) The auditor's report(s) may be in the form of either combined or separate reports and
may be organized differently from the manner presented in this section. The auditor's report
(s) shall state that the audit was conducted in accordance with this part and include the
following:
(i) An opinion (or disclaimer of opinion) as to whether the financial statement(s) of the
Federal program is presented fairly in all material respects in conformity with the
stated accounting policies;
(ii) A report on internal control related to the Federal program, which shall describe the
scope of testing of internal control and the results of the tests;
(iii) A report on compliance which includes an opinion (or disclaimer of opinion) as to
whether the auditee complied with laws, regulations, and the provisions of contracts or
grant agreements which could have a direct and material effect on the Federal
program; and
(iv) A schedule of findings and questioned costs for the Federal program that includes a
summary of the .auditor's results relative to the Federal program in a format consistent
with § .505(d)(1) and findings and questioned costs consistent with the
requirements of § .505(d)(3).
(c) Report submission for program-specific audits.
(1) The audit shall be completed and the reporting required by paragraph (c)(2) or (c)(3)
of this section submitted within the earlier of 30 days after receipt of the auditor's report(s),
or nine months after the end of the audit period, unless a longer period is agreed to in
advance by the Federal agency that provided the funding or a different period is specified in a
program-specific audit guide. (However, for fiscal years beginning on or before June 30,
1998, the audit shall be completed and the required reporting shall be submitted.within the
earlier of 30 days after receipt of the auditor's report(s), or 13 months after the end of the.
audit period, unless a different period is specified in a program-specific audit guide.) Unless
restricted by law or regulation, the auditee shall make report copies available for public
inspection.
(2) When a program-specific audit guide is available, the auditee shall submit to the Federal
'clearinghouse designated by OMB the data collection form prepared in accordance with
§ .320(b), as applicable to a program-specific audit, and the reporting required by the
program-specific audit guide to be retained as an archival copy. Also, the auditee shall
submit to the Federal awarding agency or pass-through entity the reporting required by the
program-specific audit guide.
(3) When a program-specific audit guide is not available, the reporting package for a
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8/31/2009
•
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ng, subsistence and air travel costs provided in paragraph 51.
ATTACHMENT C
Circular No.A-122
•
NON-PROFIT ORGANIZATIONS NOT SUBJECT TO THIS CIRCULAR
•
• Advance Technology Institute(ATI), Charleston, South Carolina
• Aerospace Corporation, El Segundo, California
• American Institutes of Research (AIR),Washington D.C.
• Argonne National Laboratory, Chicago, Illinois
• Atomic Casualty Commission,Washington, D.C.
• Battelle'Memorial Institute, Headquartered in Columbus, Ohio
• Brookhaven National Laboratory, Upton, New York
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
program-specific audit shall consist of the financial statement(s) of the Federal program, a
summary schedule of prior audit findings, and a corrective action plan as described in
paragraph (b)(2) of this section, and the auditor's report(s) described in paragraph (b)(4)
of this section. The data collection form prepared in accordance with § .320(b), as
applicable to a program-specific audit, and one copy of this reporting package shall be
submitted to the Federal clearinghouse designated by OMB to be retained as an archival
copy. Also, when the schedule of findings and questioned costs disclosed audit findings or the
summary schedule of prior audit findings reported the status of any audit findings, the
auditee shall submit one copy of the reporting package to the Federal clearinghouse on
behalf of the Federal awarding agency, or directly to the pass-through entity in the case of a
subrecipient. Instead of submitting the reporting package to the pass-through entity, when a
subrecipient is not required to submit a reporting package to the pass-through entity, the
subrecipient shall provide written notification to the pass-through entity, consistent with the
requirements of § .320(e)(2). A subrecipient may submit a copy of the reporting
package to the pass-through entity to comply with this notification requirement.
(d) Other sections of this part may apply. Program-specific audits are subject to § .100
through § .215(b), § .220 through § .230, § .300 through § .305, § .315,
§ .320(f) through § .320(j), § .400 through § .405, § .510 through
§ .515, and other referenced provisions of this part unless contrary to the provisions of this
section, a program-specific audit guide, or program laws and regulations.
Subpart C--Auditees
§ .300 Auditee responsibilities.
•
The auditee shall:
(a) Identify, in its accounts, all Federal awards received and expended and the Federal programs
under which they were received. Federal program and award identification shall include, as
applicable, the CFDA title and number, award number and year, name of the Federal agency, and
name of the pass-through entity.
(b) Maintain internal control over Federal programs that provides reasonable assurance that the
auditee is managing Federal awards in compliance with laws, regulations, and the provisions of
contracts or grant agreements that could have a material effect on each of its Federal programs.
. (c) Comply with laws, regulations, and the provisions,of contracts or grant agreements related to
each of its Federal programs.
(d) Prepare appropriate financial statements, including the schedule of expenditures of Federal
awards in accordance with § .310.
(e) Ensure that the audits required by this part are properly performed and submitted when due.
When extensions to the report submission due date required by § .320(a) are granted by the
cognizant or oversight agency for audit, promptly notify the Federal clearinghouse designated by
OMB and each pass-through entity providing Federal awards of the extension.
(f) Follow up and take corrective action on audit findings, including preparation of a summary
schedule of prior audit findings and a corrective action plan in 'accordance with § .315(b) and
§ .315(c), respectively.
§ .305 Auditor selection.
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http://www.whitehouse.gov/omb/rewrite/circulars/al 3 3/print/a 13 3.html 8/31/2009
8/31/2009
•
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ng, subsistence and air travel costs provided in paragraph 51.
ATTACHMENT C
Circular No.A-122
•
NON-PROFIT ORGANIZATIONS NOT SUBJECT TO THIS CIRCULAR
•
• Advance Technology Institute(ATI), Charleston, South Carolina
• Aerospace Corporation, El Segundo, California
• American Institutes of Research (AIR),Washington D.C.
• Argonne National Laboratory, Chicago, Illinois
• Atomic Casualty Commission,Washington, D.C.
• Battelle'Memorial Institute, Headquartered in Columbus, Ohio
• Brookhaven National Laboratory, Upton, New York
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
—...�� a... a v va v�..avv .uvvwa vv♦valuilvllJ, .au..a 1.V11 11V111 V1S..L111Lk11V 11J 1 "5, 1✓ Vl ✓L
(a)•Auditor procurement. In procuring audit services, auditees shall follow the procurement
standards prescribed by the Grants Management Common Rule (hereinafter referred to as the "A-
102 Common Rule") published March 11, 1988 and amended April 19, 1995 [insert appropriate
CFR citation], Circular A-110, "Uniform Administrative Requirements for Grants and Agreements
with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations," or the FAR (48
CFR part 42), as applicable (OMB Circulars are available from the Office of Administration,
Publications Office, room 2200, New Executive Office Building,,Washington, DC 20503). Whenever
possible, auditees shall make positive efforts to utilize small businesses, minority-owned firms, and
women's business enterprises, in procuring audit services as stated in the A-102 Common Rule,
OMB Circular A-110, or the FAR (48 CFR part 42), as applicable. In requesting proposals for audit
services, the objectives and scope of the audit should be made clear. Factors to be considered in
evaluating each proposal for audit services include the responsiveness to the request for proposal,
relevant experience, availability of staff with professional qualifications and technical abilities, the
results of external quality control reviews, and price.
(b) Restriction on auditor preparing indirect cost proposals. An auditor who prepares the
indirect cost proposal or cost allocation plan may not also be selected to perform the audit required
by this part when the indirect costs recovered by the auditee during the prior year exceeded $1
million. This restriction applies to the base year used in the preparation of the indirect cost
proposal or cost allocation plan and any subsequent years in which the resulting indirect cost
agreement or cost allocation plan is used to recover costs. To minimize any disruption in existing
contracts for audit services, this paragraph applies to audits of fiscal years beginning after June 30,
1998.
•
(c) Use of Federal auditors. Federal auditors may perform all or part of the work required under
this part if they comply fully with the requirements of this part.
§ .310 Financial statements.
•
(a) Financial statements. The auditee shall prepare financial statements that reflect its financial
position, results of operations or changes in net assets, and, where appropriate, cash flows for the
fiscal year audited. The financial statements shall be for the same organizational unit and fiscal
year that is chosen to meet the requirements of this part. However; organization-wide financial
statements may also include departments, agencies, and other organizational units that have
separate audits in accordance with § .500(a) and prepare separate financial statements.
(b) Schedule of expenditures of Federal awards. The auditee shall also prepare a schedule of
expenditures of Federal awards for the period covered by the auditee's financial statements. While
not required, the auditee may choose to provide information requested by Federal awarding
agencies and pass-through entities to make the schedule easier to use. For example, when a
Federal program.has multiple award years, the auditee may list the amount of Federal awards
expended for each award year separately. At a minimum, the schedule shall:
(1) List individual Federal programs by Federal agency. For Federal programs included in a
cluster of programs, list individual Federal programs within a cluster of programs. For R&D,
total Federal awards expended shall be shown either by individual award or by Federal
agency and major subdivision within the Federal agency. For example, the National Institutes
of Health is a major subdivision in the Department of Health and Human Services.
(2) For Federal awards received as a subrecipient, the name of the pass-through entity and
identifying number assigned by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
(4). Include notes that describe the significant accounting policies used in preparing the
schedule.
(5) To the extent practical, pass-through entities should identify in the schedule the total
amount provided to subrecipients from each Federal program.
•
(6) Include, in either the schedule or a note to the schedule, the value of the Federal awards
expended in the form of non-cash assistance, the amount of insurance in effect during the
year, and loans or loan guarantees outstanding at year end. While not required, it is
preferable to present this information in the schedule.
§ .315.Audit findings follow-up.
(a) General. The auditee is responsible for follow-up and corrective action on all audit findings. As
part of this responsibility, the auditee shall prepare a summary schedule of prior audit findings. The
auditee shall also prepare a corrective action plan for current year audit findings. The summary
schedule of prior audit findings and the corrective action plan shall include the reference numbers
the auditor assigns to audit findings under § .510(c). Since the summary schedule may include
audit findings from multiple years, it shall include the fiscal year in which the finding initially
occurred. •
(b) Summary schedule of prior audit findings. The summary schedule of prior audit findings
shall report the status of all audit findings included in the prior audit's schedule of findings and
questioned costs relative to Federal awards. The summary schedule shall also include audit findings
reported in the prior audit's summary schedule of prior audit findings except audit findings listed as
corrected in accordance with paragraph (b)(1) of this section, or no longer valid or not warranting
further action in accordance with paragraph (b)(4) of this section.
(1) When audit findings were fully corrected, the summary schedule need only list the audit
findings and state that corrective action was taken.
•
(2) When audit findings were not corrected or were only partially corrected, the summary
schedule shall describe the planned corrective action as well as any partial corrective action
taken.
(3) When corrective action taken is significantly different from corrective action previously
reported in a corrective action plan or in the Federal agency's or pass-through entity's
management decision, the summary schedule shall provide an explanation.
(4) When the auditee believes the audit findings are no longer valid or do not warrant further
action, the reasons for this position shall be described in the summary schedule. A valid
reason for considering an audit finding as not warranting further action is that all of the
following have occurred:
(i) Two years have passed since the audit report in which the finding occurred was
submitted to the Federal clearinghouse;
(ii) The Federal agency or pass-through entity is not currently following up with the
auditee on the audit finding; and .
(iii) A management decision was not issued.
(c) Corrective action plan. At the completion of the audit, the auditee shall prepare a corrective
. action plan to address each audit finding included in the current year auditor's reports. The
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/al 33.html . 8/31/2009
shall:
(1) List individual Federal programs by Federal agency. For Federal programs included in a
cluster of programs, list individual Federal programs within a cluster of programs. For R&D,
total Federal awards expended shall be shown either by individual award or by Federal
agency and major subdivision within the Federal agency. For example, the National Institutes
of Health is a major subdivision in the Department of Health and Human Services.
(2) For Federal awards received as a subrecipient, the name of the pass-through entity and
identifying number assigned by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
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http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
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corrective action plan shall provide the name(s) of the contact person(s) responsible for corrective
action, the corrective action planned, and the anticipated completion date. If the auditee does not
agree with the audit findings or believes corrective action is not required, then the corrective action
plan shall include an explanation and specific reasons.
§ .320 Report submission.
•
(a) General. The audit shall be completed and the data.collection form described in paragraph (b)
of this section and reporting package described in paragraph (c) of this section shall be submitted
within the earlier of 30 days after receipt of the auditor's report(s), or nine months after the end of
the audit period, unless a longer period is agreed to in advance by the cognizant or oversight
agency for audit. (However, for fiscal years beginning on or before June 30, 1998, the audit shall
be completed and the data collection form and reporting package shall be submitted within the
earlier of 30 days after receipt of the auditor's report(s), or 13 months after the end of the audit
period.) Unless restricted by law or regulation, the auditee shall make copies available for public
inspection. •
(b) Data Collection.
(1) The auditee shall submit a data collection form which states whether the audit was
completed in accordance with this part and provides information about the auditee, its
Federal programs, and the results of the audit. The form shall be approved by OMB, available
from the Federal clearinghouse designated,by OMB, and include data elements similar to
those presented in this paragraph. A senior level representative of the auditee (e.g., State
controller, director of finance, chief executive officer, or chief financial officer) shall sign a
statement to be included as part of the form certifying that: the auditee complied with the
requirements of this part, the form was prepared in accordance with this part (and the
instructions accompanying the form), and the information included in the form, in its
entirety, are accurate and complete.
(2) The data collection form shall include the following data elements:
(i) The type of report the auditor issued on the financial statements of the auditee (i.e.,
unqualified opinion, qualified opinion, adverse opinion, or disclaimer of opinion).
(ii) Where applicable, a statement that reportable conditions in internal control were
disclosed by the audit of the financial statements and whether any such conditions
were material weaknesses.
(iii) A statement as to whether the audit disclosed any noncompliance which is material
• to the financial statements of the auditee.
(iv) Where applicable, a statement that reportable conditions in internal control over
major programs were disclosed by the audit and whether any such conditions were
material weaknesses.
(v) The type of report the auditor issued on compliance for major programs (i.e.,
unqualified opinion, qualified opinion, adverse opinion, or disclaimer of opinion).
(vi) A list of the Federal awarding agencies which will receive a copy of the reporting
package pursuant to § .320(d)(2) of OMB Circular A-133.
(vii) A yes or no statement as to whether the auditee qualified as a low-risk auditee
• under § .530 of OMB Circular A-133.
http://vv-ww.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/al 33.html 8/31/2009
e shown either by individual award or by Federal
agency and major subdivision within the Federal agency. For example, the National Institutes
of Health is a major subdivision in the Department of Health and Human Services.
(2) For Federal awards received as a subrecipient, the name of the pass-through entity and
identifying number assigned by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
(viii) The dollar threshold used to distinguish between Type A and Type B programs as
defined in § .520(b) of OMB Circular A-133.
(ix) The Catalog of Federal Domestic Assistance (CFDA) number for each Federal
program, as applicable.
(x) The name of each Federal program and identification of each major program.
Individual programs within a cluster of programs should be listed in the same level of
detail as they are listed in the schedule of expenditures of Federal awards.
(xi) The amount of expenditures in the schedule of expenditures of Federal awards
associated with each Federal program.
(xii) For each Federal program, a yes or no statement as to whether there are audit
findings in each of the following types of compliance requirements and the total amount
of any questioned costs:
(A) Activities allowed or unallowed.
(B) Allowable costs/cost principles.
(C) Cash management. •
(D) Davis-Bacon Act.
(E) Eligibility. •
(F) Equipment and real property management.
(G) Matching, level of effort, earmarking.
(H) Period of availability of Federal funds.
•
(I) Procurement and suspension and debarment.
(J) Program income.
(K) Real property acquisition and relocation assistance.
•
• (L) Reporting.
(M) Subrecipient monitoring.
(N) Special tests and provisions.
(xiii) Auditee Name, Employer Identification Number(s), Name and Title of Certifying
Official, Telephone Number, Signature, and Date.
(xiv) Auditor Name, Name and Title of Contact Person, Auditor Address, Auditor
Telephone.Number, Signature, and Date.
(xv) Whether the auditee has either a cognizant or oversight agency for audit.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
al officer) shall sign a
statement to be included as part of the form certifying that: the auditee complied with the
requirements of this part, the form was prepared in accordance with this part (and the
instructions accompanying the form), and the information included in the form, in its
entirety, are accurate and complete.
(2) The data collection form shall include the following data elements:
(i) The type of report the auditor issued on the financial statements of the auditee (i.e.,
unqualified opinion, qualified opinion, adverse opinion, or disclaimer of opinion).
(ii) Where applicable, a statement that reportable conditions in internal control were
disclosed by the audit of the financial statements and whether any such conditions
were material weaknesses.
(iii) A statement as to whether the audit disclosed any noncompliance which is material
• to the financial statements of the auditee.
(iv) Where applicable, a statement that reportable conditions in internal control over
major programs were disclosed by the audit and whether any such conditions were
material weaknesses.
(v) The type of report the auditor issued on compliance for major programs (i.e.,
unqualified opinion, qualified opinion, adverse opinion, or disclaimer of opinion).
(vi) A list of the Federal awarding agencies which will receive a copy of the reporting
package pursuant to § .320(d)(2) of OMB Circular A-133.
(vii) A yes or no statement as to whether the auditee qualified as a low-risk auditee
• under § .530 of OMB Circular A-133.
http://vv-ww.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/al 33.html 8/31/2009
e shown either by individual award or by Federal
agency and major subdivision within the Federal agency. For example, the National Institutes
of Health is a major subdivision in the Department of Health and Human Services.
(2) For Federal awards received as a subrecipient, the name of the pass-through entity and
identifying number assigned by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
(xvi) The name of the cognizant or oversight agency for audit determined in
accordance with § .400(a) and § .400(b), respectively.
(3) Using the information included in the reporting package described in paragraph (c) of
this section, the auditor shall complete the applicable sections of the form. The auditor shall
sign a,statement to be included as part of the data collection form that indicates, at a
minimum, the source of the information included in the form, the auditor's responsibility for .
the information, that the form is not a substitute for the reporting package described in
paragraph (c) of.this section, and that the content of the form is limited to the data elements
prescribed by OMB.
(c) Reporting package. The reporting package shall include the:
(1) Financial statements and schedule of expenditures of Federal awards discussed in
§ .310(a) and § .310(b), respectively;
•
(2) Summary schedule of prior audit findings discussed in § .315(b);
(3) Auditor's report(s) discussed in § .505; and
(4) Corrective action plan discussed in § .315(c).
(d) Submission to clearinghouse. All auditees shall submit to the Federal clearinghouse
designated by OMB the data collection form described in paragraph (b) of this section and one
copy of the reporting package described in paragraph (c) of this section for:
(1) The Federal clearinghouse to retain as an archival copy;. and
(2) Each Federal awarding agency when the schedule of findings and questioned costs
disclosed audit findings relating to Federal awards that the Federal awarding agency provided
directly or the summary schedule of prior audit findings reported the status of any audit
findings relating to Federal awards that the Federal awarding agency provided directly.
(e) Additional submission by subrecipients.
(1) In addition to the requirements discussed in paragraph (d) of this section, auditees that
are also subrecipients shall submit to each pass-through entity one copy of the reporting
package.described in paragraph (c) of this section for each pass-through entity when the
schedule of findings and questioned costs disclosed audit findings relating to Federal awards
that the pass-through entity provided or the summary schedule of prior audit findings
reported the status of any audit findings relating to Federal awards that the pass-through
entity provided.
(2) Instead of submitting the reporting package to a pass-through entity, when a
subrecipient is not required to submit a reporting package to a pass-through entity pursuant
to paragraph (e)(1) of this section, the subrecipient shall provide written notification to the
pass-through entity that: an audit of the subrecipient was conducted in accordance with this
part (including the period covered by the audit and the name, amount, and CFDA number of
the Federal award(s) provided by the pass-through entity); the schedule of findings and
questioned costs disclosed no audit findings relating to the Federal award(s) that the pass-
through entity provided; and, the summary schedule of prior audit findings did not report on
the status of any audit findings relating to the Federal award(s) that the pass-through entity
provided. A subrecipient may submit a copy of the reporting package described in paragraph
(c) of this section to a pass-through entity to comply with this notification requirement.
http://vvww.whitehouse.gov/omb/rewrite/circulars/al 3 3/print/a 13 3.html 8/31/2009
http://vv-ww.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/al 33.html 8/31/2009
e shown either by individual award or by Federal
agency and major subdivision within the Federal agency. For example, the National Institutes
of Health is a major subdivision in the Department of Health and Human Services.
(2) For Federal awards received as a subrecipient, the name of the pass-through entity and
identifying number assigned by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
(f) Requests for report copies. In response to requests by a Federal agency or pass-through
entity, auditees shall submit the appropriate copies of the reporting package described in
paragraph (c) of this section and, if requested, a copy of any management letters issued by the
auditor.
(g) Report retention requirements. Auditees shall keep one copy of the data collection form
described in paragraph (b) of this section and one copy of the reporting package described in
paragraph (c) of this section on file for three years from the date of submission to the Federal
clearinghouse designated by OMB. Pass-through entities shall keep subrecipients' submissions on
file for three years from date of receipt.
(h) Clearinghouse responsibilities. The Federal clearinghouse designated by OMB shall
distribute the reporting packages received in accordance with paragraph (d)(2) of this section and
§ .235(c)(3) to applicable Federal awarding agencies, maintain a data base of completed
audits, provide appropriate information to Federal agencies, and follow up with known auditees
which have not submitted the required data collection forms and reporting packages. •
(i) Clearinghouse address. The address of the Federal clearinghouse currently designated by
OMB is Federal Audit Clearinghouse, Bureau of the Census, 1201 E. 10th Street, Jeffersonville, IN
47132.
(j) Electronic filing. Nothing in this part shall preclude electronic submissions to the Federal
clearinghouse in such manner as may be approved by OMB. With OMB approval, the Federal
clearinghouse may pilot test methods of electronic submissions.
•
Subpart D--Federal Agencies and Pass-Through Entities
§ .400 Responsibilities.
(a) Cognizant agency for audit responsibilities. Recipients expending more than $25 million
($50 million for fiscal years ending after December 31, 2003) a year in Federal awards shall have a
cognizant agency for audit. The designated cognizant agency for audit shall be the Federal
awarding agency that provides the predominant amount of direct funding to a recipient:unless OMB
makes a specific cognizant agency for audit assignment.
Following is effective for fiscal years ending on or before December 31, 2003: To provide for
continuity of cognizance, the determination of the predominant amount of direct funding shall
be based upon direct Federal awards expended in the recipient's fiscal years ending in 1995,
2000, 2005, and every fifth year thereafter. For example, audit cognizance for periods ending
in 1997 through 2000 will be determined based on Federal awards expended in 1995.
(However, for States and local governments that expend more than $25 million a year in
Federal awards and have previously assigned cognizant agencies for audit, the requirements
of this paragraph are not effective until fiscal years beginning after June 30, 2000.)
Following is effective for fiscal years ending after December 31, 2003: The determination of
the predominant amount of direct funding shall be based upon direct Federal awards
expended in the recipient's fiscal years ending in 2004,. 2009, 2014, and every fifth year
thereafter. For example, audit cognizance for periods ending in 2006 through 2010 will be
determined based on Federal awards expended in 2004. (However, for 2001 through 2005,
the cognizant agency for audit is determined based on the predominant amount of direct
Federal awards expended in the recipent's fiscal year ending in 2000).
Notwithstanding the manner in which audit cognizance is determined, a Federal awarding agency
with cognizance for an auditee may reassign cognizance to another Federal awarding agency which
http://www.whitehouse.gov/omb/rewrite/circular s/a 13 3/print/a 13 3.html 8/31/2009
s
of Health is a major subdivision in the Department of Health and Human Services.
(2) For Federal awards received as a subrecipient, the name of the pass-through entity and
identifying number assigned by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
fxfi,di't �
CITY OF OMAHA PLANNING DEPARTMENT - HOUSING AND COMMUNITY DEVELOPMENT
OCCUPANCY REPORT
Project Name
Borrower/Head of Household Name DOB SSN
Co-Borrower Name DOB SSN
•
Address
City Funds Requested $ Fund Source: HOME❑ CDBG ❑ NAHTF ❑ OTHER❑
Head of Household is: Male ❑ Female ❑ Elderly ❑
Number of Occupants: Total No. Adults ' No. Children Under 18
Please enter ethnicity and race for each household member in accordance with the attached definitions.
Ethnicity—Choose either H or NH. Enter H for Hispanic or Latino. Enter NH for Not Hispanic or Latino
Race Categories—Choose all that apply for each household member. Enter one or more of the following
abbreviations:
W, B, A, AI, PI, O.
White(W)
Black or African American (B)
Asian (A)
American Indian or Alaska Native(Al)
Native Hawaiian or Other Pacific Islander(PI)
Other(0)(Please specify)
HOUSEHOLD MEMBERS AND DEMOGRAPHICS
(See Above)
Ethnicity
Name of Household Member Relationship to Borrower Age (H or NH) Race Handicap
Borrower/Head of Household *****
Co-Borrower
Notes:
I certify that the above information is accurate.
Borrower Date Co-Borrower Date
Authorized Agency Representative Date
Page 1 of 2
Revised 6-1-06
ghouse in such manner as may be approved by OMB. With OMB approval, the Federal
clearinghouse may pilot test methods of electronic submissions.
•
Subpart D--Federal Agencies and Pass-Through Entities
§ .400 Responsibilities.
(a) Cognizant agency for audit responsibilities. Recipients expending more than $25 million
($50 million for fiscal years ending after December 31, 2003) a year in Federal awards shall have a
cognizant agency for audit. The designated cognizant agency for audit shall be the Federal
awarding agency that provides the predominant amount of direct funding to a recipient:unless OMB
makes a specific cognizant agency for audit assignment.
Following is effective for fiscal years ending on or before December 31, 2003: To provide for
continuity of cognizance, the determination of the predominant amount of direct funding shall
be based upon direct Federal awards expended in the recipient's fiscal years ending in 1995,
2000, 2005, and every fifth year thereafter. For example, audit cognizance for periods ending
in 1997 through 2000 will be determined based on Federal awards expended in 1995.
(However, for States and local governments that expend more than $25 million a year in
Federal awards and have previously assigned cognizant agencies for audit, the requirements
of this paragraph are not effective until fiscal years beginning after June 30, 2000.)
Following is effective for fiscal years ending after December 31, 2003: The determination of
the predominant amount of direct funding shall be based upon direct Federal awards
expended in the recipient's fiscal years ending in 2004,. 2009, 2014, and every fifth year
thereafter. For example, audit cognizance for periods ending in 2006 through 2010 will be
determined based on Federal awards expended in 2004. (However, for 2001 through 2005,
the cognizant agency for audit is determined based on the predominant amount of direct
Federal awards expended in the recipent's fiscal year ending in 2000).
Notwithstanding the manner in which audit cognizance is determined, a Federal awarding agency
with cognizance for an auditee may reassign cognizance to another Federal awarding agency which
http://www.whitehouse.gov/omb/rewrite/circular s/a 13 3/print/a 13 3.html 8/31/2009
s
of Health is a major subdivision in the Department of Health and Human Services.
(2) For Federal awards received as a subrecipient, the name of the pass-through entity and
identifying number assigned by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
DEFINITIONS:
Ethnicity:
1. Hispanic or Latino. A person of Cuban, Mexican, Puerto Rican, South or Central American or other
Spanish culture or origin, regardless of race. The term of "Spanish origin" can be used in addition'to
"Hispanic" or "Latino".
2. Not Hispanic or Latino. A person not of Cuban, Mexican, Puerto Rican, South or Central American, or
other Spanish culture or origin, regardless of race.
Race:
1. American Indian or Alaska Native. A person having origins in any of the original peoples of North and
South America (including Central America), and who maintains tribal affiliation or community attachment.
2. Asian. A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian
subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the
Philippine Islands, Thailand and Vietnam.
3. Black or African American. A person having origins in any of the black racial groups of Africa. Terms
such as "Haitian" or"Negro" can be used in addition to "Black" or "African American".
4. Native Hawaiian or Other Pacific Islander. A person having origins in any of the original peoples of
Hawaii, Guam, Samoa or other Pacific Islands.
5. White. A person having origins in any of the original peoples of Europe, the Middle East or North Africa.
Page 2 of 2
Revised 6-1-06
ve Date
Page 1 of 2
Revised 6-1-06
ghouse in such manner as may be approved by OMB. With OMB approval, the Federal
clearinghouse may pilot test methods of electronic submissions.
•
Subpart D--Federal Agencies and Pass-Through Entities
§ .400 Responsibilities.
(a) Cognizant agency for audit responsibilities. Recipients expending more than $25 million
($50 million for fiscal years ending after December 31, 2003) a year in Federal awards shall have a
cognizant agency for audit. The designated cognizant agency for audit shall be the Federal
awarding agency that provides the predominant amount of direct funding to a recipient:unless OMB
makes a specific cognizant agency for audit assignment.
Following is effective for fiscal years ending on or before December 31, 2003: To provide for
continuity of cognizance, the determination of the predominant amount of direct funding shall
be based upon direct Federal awards expended in the recipient's fiscal years ending in 1995,
2000, 2005, and every fifth year thereafter. For example, audit cognizance for periods ending
in 1997 through 2000 will be determined based on Federal awards expended in 1995.
(However, for States and local governments that expend more than $25 million a year in
Federal awards and have previously assigned cognizant agencies for audit, the requirements
of this paragraph are not effective until fiscal years beginning after June 30, 2000.)
Following is effective for fiscal years ending after December 31, 2003: The determination of
the predominant amount of direct funding shall be based upon direct Federal awards
expended in the recipient's fiscal years ending in 2004,. 2009, 2014, and every fifth year
thereafter. For example, audit cognizance for periods ending in 2006 through 2010 will be
determined based on Federal awards expended in 2004. (However, for 2001 through 2005,
the cognizant agency for audit is determined based on the predominant amount of direct
Federal awards expended in the recipent's fiscal year ending in 2000).
Notwithstanding the manner in which audit cognizance is determined, a Federal awarding agency
with cognizance for an auditee may reassign cognizance to another Federal awarding agency which
http://www.whitehouse.gov/omb/rewrite/circular s/a 13 3/print/a 13 3.html 8/31/2009
s
of Health is a major subdivision in the Department of Health and Human Services.
(2) For Federal awards received as a subrecipient, the name of the pass-through entity and
identifying number assigned by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
extti bit L
FINANCIAL STATUS REPORT FORM
(Please attach AIA G702 form and other comparable supporting documentation for expenditures)
Developer Name: Program: CDBG ❑
ESG ❑
Developer's Contractor: HOME ❑
NAHTF ❑
Project Address: - NSP ❑
SHP ❑
Project Type: Acquisition ❑
Loan #: New Constr ❑
Rehab ❑
Reporting Period: From: to
DEVELOPMENT PROJECT % BUDGET
COSTS BUDGET COMPLETE REMAINING
Hard costs $ % $
Soft costs:
Developer's overhead * $ % $
Property Taxes $ % $
Property Insurance $ % $
Real Estate Transfer Fees $ % $
Recording Fees. $ % $
Appraisal Fee(s) $ % $
Title Insurance $ % $
Omaha 100 Loan Fee $ % $
FHAS Counseling Fee , $ • % $
Advertising $ % $
Utilities $ % $
Grounds Maintenance $ % $
Other(explain: $ % $
Other(explain: ) $ % $
Other: $ % $
TOTALS $ % $
* Developer's overhead percentage is based on the percent of hard cost work completed in the attached in AIA or comparable document.
TOTAL PAY REQUEST: $
Amount Amount
City Funds Other Funds
$ $
FUNDING SOURCES PROJECT % BUDGET
BUDGET COMPLETE REMAINING
$ % $
$ % $
$ % $
Other: $ % $
Other: $ % $
Other: $ % $
TOTALS: $ % $
I certify to the best of my knowledge that the above information is correct and complete and is for the purpose set forth in the award
documents. Financial records are available for audit or review.
Authorized Certifying Officer Title Date
Printed Name:
Revised and approved 11/5/2009
5,
2000, 2005, and every fifth year thereafter. For example, audit cognizance for periods ending
in 1997 through 2000 will be determined based on Federal awards expended in 1995.
(However, for States and local governments that expend more than $25 million a year in
Federal awards and have previously assigned cognizant agencies for audit, the requirements
of this paragraph are not effective until fiscal years beginning after June 30, 2000.)
Following is effective for fiscal years ending after December 31, 2003: The determination of
the predominant amount of direct funding shall be based upon direct Federal awards
expended in the recipient's fiscal years ending in 2004,. 2009, 2014, and every fifth year
thereafter. For example, audit cognizance for periods ending in 2006 through 2010 will be
determined based on Federal awards expended in 2004. (However, for 2001 through 2005,
the cognizant agency for audit is determined based on the predominant amount of direct
Federal awards expended in the recipent's fiscal year ending in 2000).
Notwithstanding the manner in which audit cognizance is determined, a Federal awarding agency
with cognizance for an auditee may reassign cognizance to another Federal awarding agency which
http://www.whitehouse.gov/omb/rewrite/circular s/a 13 3/print/a 13 3.html 8/31/2009
s
of Health is a major subdivision in the Department of Health and Human Services.
(2) For Federal awards received as a subrecipient, the name of the pass-through entity and
identifying number assigned by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
Exhibit M
SOIL WORK POLICY
FEDERAL CDBG, HOME, ECONOMIC DEVELOPMENT INITIATIVE AND
NEIGHBORHOOD INITIATIVE PROGRAMS
Housing Development Programs
The City of Omaha operates several housing development programs with federal funds from the
Community Development Block Grant, HOME Investment Partnerships Program, Economic
Development Initiative Grant and Neighborhood Initiative Grant Programs. The City's housing
development programs may involve the removal of structures, installation of public infrastructure and site
preparation work prior to the construction of new residential structures by developers.
The Governor has made a request to the U.S. Environmental Protection Agency (EPA) to declare a
portion of the eastern part of Omaha a Superfund Site as a result of high concentrations of lead in the soil.
The area in question is generally bound by , subject to the actual testing of individual lots.
POLICY:
The soil work requirements for housing development projects involving the removal of structures,
installation of public infrastructure and/or site preparation work within the Superfund Site area as follows:
The lead content of the soil on the property will be determined by laboratory analysis
using either flame or furnace atomic absorption spectroscopy. Laboratories performing
analysis for lead in soil will be certified by the National Lead Laboratories Accreditation
Program (NLLAP) by mandatory participation in the Environmental Lead Proficiency
Analytical Testing(ELPAT) program. Lead content will be reported as parts per million
(ppm).
Should any of the soil samples report a lead concentration greater than 400 ppm, the
affected soil will be removed to a depth where the soil samples report a lead
concentration of less than 400 ppm or to a depth of one foot below the finished grade,
whichever depth is less.
In addition to requirements for soil integrity used for structural fill, all soil brought onto
the property must be tested for environmental contaminants. Borrow soils used for
purposes other than for structural fill, such as finish grade, topsoil or surcharge, are
required to be tested in the same manner for environmental contaminants. The contractor
will inform the City of the location of borrow soil no less than ten days prior to its use on
the property. Testing will include the collection of not less than three samples per borrow
site. The City and/or its designated representative will complete soil sample collection.
Should any of the soil samples report a lead concentration greater than 400 ppm, the soil
will not be allowed for use on housing development program properties.
Effective 9/1/2002
until fiscal years beginning after June 30, 2000.)
Following is effective for fiscal years ending after December 31, 2003: The determination of
the predominant amount of direct funding shall be based upon direct Federal awards
expended in the recipient's fiscal years ending in 2004,. 2009, 2014, and every fifth year
thereafter. For example, audit cognizance for periods ending in 2006 through 2010 will be
determined based on Federal awards expended in 2004. (However, for 2001 through 2005,
the cognizant agency for audit is determined based on the predominant amount of direct
Federal awards expended in the recipent's fiscal year ending in 2000).
Notwithstanding the manner in which audit cognizance is determined, a Federal awarding agency
with cognizance for an auditee may reassign cognizance to another Federal awarding agency which
http://www.whitehouse.gov/omb/rewrite/circular s/a 13 3/print/a 13 3.html 8/31/2009
s
of Health is a major subdivision in the Department of Health and Human Services.
(2) For Federal awards received as a subrecipient, the name of the pass-through entity and
identifying number assigned by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
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http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
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•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
Exh►bit 1)
24 CFR 85.43 ENFORCEMENT
(a) Remedies for non-compliance. If a grantee or sub-grantee materially fails to comply with any term of
an award, whether stated in a federal statute or regulation, an assurance, in a State plan or application,
a notice of award, or elsewhere, the awarding agency may take one or more of the following actions,
as appropriate in the circumstances:
(1) Temporarily withhold cash payments pending correction of the deficiency by the grantee or
sub-grantee or more severe enforcement action by the awarding agency,
(2) Disallow(that is, deny both use of funds and matching credit for) all or part of the cost of the
activity or action not in compliance,
(3) Wholly or partly suspend or terminate the current award for the grantee's or sub-grantee's
program,
(4) Withhold further awards for the program, or,
(5) Take other remedies that may be legally available.
(b) Hearings, appeals. In taking an enforcement action, the awarding agency will provide the grantee or
sub-grantee an opportunity for such hearing, appeal or other administrative proceeding to which the
grantee or sub-grantee is entitles under any statute or regulation applicable to the action involved.
(c) Effects of suspension and termination. Costs of grantee or sub-grantee resulting from obligations
incurred by the grantee or sub-grantee during a suspension or after termination of an award are not
allowable unless the awarding agency expressly authorizes them in the notice of suspension or
termination or subsequently. Other grantee or sub-grantee costs during suspension or after
termination which are necessary and not reasonably avoidable are allowable if:
(1) The costs result from obligations which were properly incurred by the grantee or sub-
grantee before the effective date of suspension or termination, are not in anticipation of it,
and, in the case of a termination, are non-cancelable, and,
(2) The costs would be allowable if the award were not suspended or expired normally at the
end of the funding period in which the termination takes effect.
(d) Relationship to Debarment and Suspension. The enforcement remedies identified in this section,
including suspension and termination, do not preclude grantee or sub-grantee from being subject to
"Debarment and Suspension" under EO 12549 (see § 85.35).
24 CFR 85.44 TERMINATION FOR CONVENIENCE
Except as provided in § 85.43 awards may be terminated in whole or in part only as follows:
(a) By the awarding agency with the consent of the grantee or sub-grantee in which case the two parties
shall agree upon the termination conditions, including the effective date and in the case of partial
termination, the portion to be terminated, or
(b) By the grantee or sub-grantee upon written notification to the awarding agency, setting forth the
reasons for such termination, the effective date, and in the case of partial termination, the portion to
be terminated. However, if, in the case of a partial termination, the awarding agency determines that
the remaining portion of the award will not accomplish the purposes for which the award was made,
the awarding agency may terminate the award in its entirety under either § 85.43 or Paragraph (a) of
this section.
Rev. 5/7/08
the cognizant agency for audit is determined based on the predominant amount of direct
Federal awards expended in the recipent's fiscal year ending in 2000).
Notwithstanding the manner in which audit cognizance is determined, a Federal awarding agency
with cognizance for an auditee may reassign cognizance to another Federal awarding agency which
http://www.whitehouse.gov/omb/rewrite/circular s/a 13 3/print/a 13 3.html 8/31/2009
s
of Health is a major subdivision in the Department of Health and Human Services.
(2) For Federal awards received as a subrecipient, the name of the pass-through entity and
identifying number assigned by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
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http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
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•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
f4-Hes-eitaNe,rt i
...E>s
_=4 Tx... T,, 1
o Fov ,
STATE OF NEBRASKA
d,. ,, x IA,;e,.'0 Dave Heineman
'`l`'\?- ,,,r.°� Governor DEPARTMENT OF ECONOMIC DEVELOPMENT
q ii„,\,'?R `r,,,eb.'_= 301 Centennial Mall South
P.O. Box 94666
• Lincoln, Nebraska 68509-4666 USA
August 13, 2009 Phone(402)471-3111
Toll Free(800)426-6505
Fax(402)471-3778
Mayor Jim Suttle Statewide Relay(800)833-0920(voice)
City of Omaha www.neded.org
1819 Farnam Street, Suite 300 •
Omaha,NE 68183
RE: CDBG NSP Award 0910S23
Notice of Approval
Dear Mayor Suttle:
On behalf of Richard Baier, Director of the Department of Economic Development, it is a pleasure to inform you that the City
of Omaha's Community Development Block Grant(CDBG)Neighborhood Stabilization Program 1 (NSP1)application has
been approved in the amount of$4,160,000. The grant will be used for the following 3 activities; (1)the acquisition'of 7
abandoned, foreclosed or vacant homes in the North Omaha Neighborhood Revitalization Stabilization Area(NRSA)that will
be demolished and newly constructed,(2)the acquisition of 13 abandoned, foreclosed or vacant homes that will be
rehabilitated and made available for homeownership in the North and South Omaha NRSA, and (3)the acquisition and
rehabilitation of 6 foreclosed upon homes in the North Omaha NRSA that will be rent-to-own housing units . A contract and
further information on the execution of this award will be sent separately at a later date.
At this time, prior to satisfying the Special Conditions contained in your forthcoming Contract and receiving from the
Department a Notice of Release of Funds, no costs can be incurred except for those costs incurred to satisfy Special
Conditions. Costs incurred to complete the appropriate Environmental Review process for this project is an eligible
expense and you may begin incurring costs for this activity at this time.
You may withdraw from this award prior to receiving a written Notice of Release of Funds from the Department. In such an
event,the Department reserves the right to determine the amount of funds to reimburse or recapture from you for incurred
eligible administrative costs.
If you have any questions regarding this information contact your Program Representative, Lynn Franzen at 402-471-3781, or
by e-mail at lynn.franzen@nebraska.gov. The principal contact for all grant related matters is your Program Representative.
We congratulate the City of Omaha on successfully obtaining CDBG NSPI funds. We look forward to actively working with
you in carrying out your project.
Sine rely,
Lara Huskey, Director
Community and Rural Development Division
cc: James Thele(City of Omaha)
@ DED—Paula Rhian, Lynn Franzen; file
•
•
NEBRASKA DEPARTMENT OF ECONOMIC DEVELOPMENT \EB /� S J /�
Richard J. Baier,Director 1,.1� 1'CY 1 Ill 1
An Equal Opportunity/Affirmatiue Action Employer•Printed on recycled paper with soy ink possibil'il ies...endless
erminate the award in its entirety under either § 85.43 or Paragraph (a) of
this section.
Rev. 5/7/08
the cognizant agency for audit is determined based on the predominant amount of direct
Federal awards expended in the recipent's fiscal year ending in 2000).
Notwithstanding the manner in which audit cognizance is determined, a Federal awarding agency
with cognizance for an auditee may reassign cognizance to another Federal awarding agency which
http://www.whitehouse.gov/omb/rewrite/circular s/a 13 3/print/a 13 3.html 8/31/2009
s
of Health is a major subdivision in the Department of Health and Human Services.
(2) For Federal awards received as a subrecipient, the name of the pass-through entity and
identifying number assigned by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
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http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
STATE OF NEBRASKA DEPARTMENT OF ECONOMIC DEVELOPMENT
NEIGHBORHOOD STABILIZATION PROGRAM (NSP)
CONTRACT NO. 0910S23
CFDA#14.228
This contract is entered into between the State of Nebraska, Department of Economic
Development ("Department"), and the City of Omaha, 1819 Farnam Street, Omaha, NE
68183 ("Grantee"), upon the date of signature by both parties.
RECITALS:
A. HERA. Title III of Division B of the Housing and Economic Recovery Act of 2008
(HERA), federal Public Law 110-289—Approved July 30, 2008, appropriated funds for
emergency assistance for the redevelopment of abandoned and foreclosed upon
homes and residential properties:
B. CDBG. HERA provides that grants using HERA funding are to be considered as
though such funds were Community Development Block Grant (CDBG) funds under
Title I of the Housing and Community Development Act of 1974, 42 U.S.C. §5301 et
seq., unless HERA specifically states otherwise.
C. HUD and NSP. The State of Nebraska has received HERA funds from the U.S.
Department of Housing and Urban Development (HUD), such funds to be distributed as
grants to eligible grantees to undertake and carryout eligible projects under Title III of
HERA, which HUD grant program is commonly referred to as the Neighborhood
Stabilization Program (NSP).
D. NSP Regulations. HUD has directed that except as provided in HUD regulatory
notices concerning NSP, the statutory and regulatory provisions governing the regular
CDBG program shall apply to use of HERA funds in NSP projects. HUD has published,
in the Federal Register, notices concerning NSP dated October 6, 2008, and dated
June 15, 2009, which is the so-called "Bridge" notice which applies retroactively to the
October 6, 2008, notice. Complete copies of: (1) the portion of HERA referenced in ¶A
above; (2) the October 2, 2008, HUD notice referenced in this ¶D; and (3) the June 15,
2009, "Bridge" notice referenced in this ¶D; are attached to this contract and
incorporated herein by this reference. The Grantee is expected to be familiar with, and
adhere to, these specific HUD NSP regulations, as well as the regular CDBG program
regulations, in carrying out the terms of this contract.
E. NSP LMMI National Objective. The NSP activities must satisfy a modified (for
purposes of NSP) CDBG national objective of principally benefitting low-,moderate-,
and middle-income (LMMI) persons. LMMI (the term to be used in referring to the
CDBG national objective of the NSP), is defined to mean households whose incomes
do not exceed 120% of area median income. Only this LMMI national objective may be
used for the NSP program activities. The Department is tasked by HERA and by HUD
CDBG—NSP 1(rev 08/20/09)—City of Omaha-0910S23—Page 1 of 34
(+ attached statutes and regulations comprising 34 additional pages)
an, Lynn Franzen; file
•
•
NEBRASKA DEPARTMENT OF ECONOMIC DEVELOPMENT \EB /� S J /�
Richard J. Baier,Director 1,.1� 1'CY 1 Ill 1
An Equal Opportunity/Affirmatiue Action Employer•Printed on recycled paper with soy ink possibil'il ies...endless
erminate the award in its entirety under either § 85.43 or Paragraph (a) of
this section.
Rev. 5/7/08
the cognizant agency for audit is determined based on the predominant amount of direct
Federal awards expended in the recipent's fiscal year ending in 2000).
Notwithstanding the manner in which audit cognizance is determined, a Federal awarding agency
with cognizance for an auditee may reassign cognizance to another Federal awarding agency which
http://www.whitehouse.gov/omb/rewrite/circular s/a 13 3/print/a 13 3.html 8/31/2009
s
of Health is a major subdivision in the Department of Health and Human Services.
(2) For Federal awards received as a subrecipient, the name of the pass-through entity and
identifying number assigned by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
to meet the further requirement that not less than 25% of funds the Department
receives from HUD for NSP are used to benefit persons with household incomes not
exceeding 50% of area median income. This task will be accomplished in specific
contracts with specific grantees, and is not a general requirement of this contract unless
specifically noted here: All funds under this contract must benefit persons with
household incomes not exceeding 50% of area median income by providing housing
that was abandoned or foreclosed upon residential property.
F. Application and the "Project". The Grantee has submitted an application
(Application) to the Department for NSP funds, which Application the Department has
approved and the contents of which were relied upon by the Department in making its
funding decision to award funds for this NSP project. The Application is incorporated
herein by this reference, setting forth a project which will undertake NSP activities and
which must satisfy the NSP national objective of principally benefitting LMMI persons,
(the "Project"). The Project may be summarized as immediately follows. This is a
summary only, not a comprehensive rendition of all that the project entails. Such detail
of Project requirements must be gleaned from a combination of Grantee's Application
and the Department's particular requirements as documented in contract negotiations
and discussions with Grantee.
Program A (Demolition and Construction of New Housing Program): The
acquisition of 7 abandoned or foreclosed homes that are also vacant in the North
Omaha Neighborhood Revitalization Stabilization Area that will be demolished
and newly constructed.
The Grantee should particularly note the provision in §4.18 of this contract which
requires the Department's written approval prior to any demolition activity being
conducted.
AND
Program B (Urban Homestead Rehabilitation and Resale Program): The
acquisition of 13 abandoned or foreclosed homes that are also vacant that will
be rehabilitated and made available for homeownership in the North and South
Omaha Neighborhood Revitalization Stabilization Area.
AND
Program C (Rent to Own Rehabilitation Program): The acquisition and
rehabilitation of 6 abandoned or foreclosed homes that are also vacant in the
North Omaha Neighborhood Revitalization Stabilization Area.
CDBG—NSP 1(rev 08/20/09)—City of Omaha-0910S23—Page 2 of 34
(+attached statutes and regulations comprising 34 additional pages)
tional objective of the NSP), is defined to mean households whose incomes
do not exceed 120% of area median income. Only this LMMI national objective may be
used for the NSP program activities. The Department is tasked by HERA and by HUD
CDBG—NSP 1(rev 08/20/09)—City of Omaha-0910S23—Page 1 of 34
(+ attached statutes and regulations comprising 34 additional pages)
an, Lynn Franzen; file
•
•
NEBRASKA DEPARTMENT OF ECONOMIC DEVELOPMENT \EB /� S J /�
Richard J. Baier,Director 1,.1� 1'CY 1 Ill 1
An Equal Opportunity/Affirmatiue Action Employer•Printed on recycled paper with soy ink possibil'il ies...endless
erminate the award in its entirety under either § 85.43 or Paragraph (a) of
this section.
Rev. 5/7/08
the cognizant agency for audit is determined based on the predominant amount of direct
Federal awards expended in the recipent's fiscal year ending in 2000).
Notwithstanding the manner in which audit cognizance is determined, a Federal awarding agency
with cognizance for an auditee may reassign cognizance to another Federal awarding agency which
http://www.whitehouse.gov/omb/rewrite/circular s/a 13 3/print/a 13 3.html 8/31/2009
s
of Health is a major subdivision in the Department of Health and Human Services.
(2) For Federal awards received as a subrecipient, the name of the pass-through entity and
identifying number assigned by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
G. Definitions, Affordability Requirements, Housing Rehabilitation Standards, and
Housing Counseling. Depending upon the nature of the Project, certain definitions,
affordability requirements, and/or housing rehabilitation standards, all as adopted and
approved in the NSP plan submitted by the Department and approved by HUD, will
apply to the Project. These definitions, affordability requirements, and housing
rehabilitation standards are set forth as Appendix pages following the signature page of
this contract, and are incorporated herein by this reference. The Grantee must adhere
to these definitions and requirements when applicable to the Project. The definitions
and requirements applicable to the Project are:
• Definition of blighted structure for NSP
• Definition of affordable rents for NSP
• Description of continued affordability for NSP
• Description of housing rehabilitation standards for NSP
If the Project NSP activities involve assistance to homebuyers, then the Grantee is
responsible for fulfilling the HUD requirement that such homebuyers must receive at
least eight (8) hours of homebuyer counseling from a HUD-approved housing
counseling agency before obtaining a mortgage loan. In the circumstance where such
a HUD-approved housing counseling agency is not within the Grantee's jurisdiction,
then the required homebuyer counseling may be obtained from a REACH Affiliate
Organization (REACH = Readiness Education Awareness Collaborative for Homebuyer
and Homeowners Education). This substitute use of REACH affiliates for homebuyer
counseling has been specifically approved by HUD at the Department's request, for the
Department's NSP projects, including this Project. ,
H. NSP Housing Units.
The Project includes assisting housing units, as such units are described, and as the
project requirements are prescribed, in ¶G and in this¶H and in the Table of Project
Requirements for NSP Project found below, which Table is incorporated within this
paragraph by this reference.
The percentage references in the table below, e.g., 120%, include the implied phrase
"at or below" prior to the % and the implied phrase "of the area median income per the
most recent HUD income limits" after the %.
D e..tt - <4;
a - = e ' o T - �k , .,N.,
a a1-4'e",4 d h R..2 e6,sex§ 1 eIU
A c , r _t
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Total number of units in the Project—i 7 units
Total number of NSP-assisted units 7 units
Number of NSP units 120%--► 0 units
Number of NSP units 50%—► 7 units
AND
CDBG—NSP 1(rev 08/20/09)—City of Omaha-0910S23—Page 3 of 34
(+ attached statutes and regulations comprising 34 additional pages)
1 Ill 1
An Equal Opportunity/Affirmatiue Action Employer•Printed on recycled paper with soy ink possibil'il ies...endless
erminate the award in its entirety under either § 85.43 or Paragraph (a) of
this section.
Rev. 5/7/08
the cognizant agency for audit is determined based on the predominant amount of direct
Federal awards expended in the recipent's fiscal year ending in 2000).
Notwithstanding the manner in which audit cognizance is determined, a Federal awarding agency
with cognizance for an auditee may reassign cognizance to another Federal awarding agency which
http://www.whitehouse.gov/omb/rewrite/circular s/a 13 3/print/a 13 3.html 8/31/2009
s
of Health is a major subdivision in the Department of Health and Human Services.
(2) For Federal awards received as a subrecipient, the name of the pass-through entity and
identifying number assigned by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
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•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
� p,�' r 1& 10 v^.,. I Z Y xY.Y S '` �ERTI1
e. . ffi<.oh.,.t .2A Y,417 . d 3 xr i,
Total number of units in the Project-, 13 units
Total number of NSP-assisted units--► 13 units
Number of NSP units 120%-+ 0 units
Number of NSP units 50%-* 13 units
AND
- -4tear tstitt,Nomm
:MOW ,ter ',b°. 2 ` N SY�n``N :Y�L 7`� � �i
Total number of units in the Project-, 6 units
Total number of NSP-assisted units-, 6 units
Number of NSP units 120%-+ 0 units
Number of NSP units 50%--* 6 units
AGREEMENT:
Premised on the Recitals above, and in consideration of the mutual promises and
understandings of the parties set forth below,the parties agree as follows:
PART I: TERMS AND CONDITIONS.
§1.01 Amount, Use, and Payment of NSP Funds.
The total amount of NSP funds paid by the Department to the Grantee for allowable
expenses incurred will not exceed $4,160,000. Of that amount, approved
administrative and audit expenses will not exceed $160,000.
The NSP grant funds must be used to fund the Project as detailed in the Application.
Part V (Compliance with Applicable Laws and Regulations) of this contract
incorporates, as being applicable to this contract, all of the Department's administrative
requirements which are contained in the Nebraska Community Development Block
Grant Program Administration Manual. Those administrative requirements contain
many restrictions governing the receipt of CDBG funds from the Department. These
requirements also apply to NSP funds from the Department.
Requests by the Grantee for reimbursement of project administration expenses will not
be paid by the Department unless the CDBG Certified Administrator who was identified
in.the Application, and thus was approved by the Department as part of the approval of
the Application, is available to conduct administration of the Project, at the time of each
request for reimbursement of administration expenses, with this requirement applicable
at all times through project completion (including final project reports). Any change in
this identified CDBG Certified Administrator for this Project, in order to be recognized by
the Department, must have the written approval of the Department. As a
CDBG--NSP 1(rev 08/20/09)—City of Omaha-091 OS23—Page 4 of 34
(+ attached statutes and regulations comprising 34 additional pages)
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Total number of units in the Project—i 7 units
Total number of NSP-assisted units 7 units
Number of NSP units 120%--► 0 units
Number of NSP units 50%—► 7 units
AND
CDBG—NSP 1(rev 08/20/09)—City of Omaha-0910S23—Page 3 of 34
(+ attached statutes and regulations comprising 34 additional pages)
1 Ill 1
An Equal Opportunity/Affirmatiue Action Employer•Printed on recycled paper with soy ink possibil'il ies...endless
erminate the award in its entirety under either § 85.43 or Paragraph (a) of
this section.
Rev. 5/7/08
the cognizant agency for audit is determined based on the predominant amount of direct
Federal awards expended in the recipent's fiscal year ending in 2000).
Notwithstanding the manner in which audit cognizance is determined, a Federal awarding agency
with cognizance for an auditee may reassign cognizance to another Federal awarding agency which
http://www.whitehouse.gov/omb/rewrite/circular s/a 13 3/print/a 13 3.html 8/31/2009
s
of Health is a major subdivision in the Department of Health and Human Services.
(2) For Federal awards received as a subrecipient, the name of the pass-through entity and
identifying number assigned by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
cross-reference, note that §2.08 requires a CDBG Certified Administrator to achieve the
initial Release of Funds for the Project.
To request payment of allowable expenses, the Grantee must submit a request for
payment to the Department, in the manner and form prescribed from time to time by the
Department, mailed to the Community and Rural Development Division, Department of
Economic Development, 301 Centennial Mall South, P.O. Box 94666, Lincoln,
Nebraska 68509-4666.
§1.02 Time of Performance.
(a) The period covered under this contract will be 36 months from August 13, 2009.
The termination date of this contract will be August 12, 2012. All of the activities
and services required of the Grantee, except for administration and audit, will be
completed on or before this date.
(b) 03/19/13 absolute expenditure deadline. HUD has imposed upon the
Department an expenditure deadline of March 19, 2013, (four years after the
Department's receipt of the NSP award from HUD). Any funds not expended by
the Department by March 19, 2013, will be recaptured from the Department by
HUD. The Grantee is, by this reference, notified of this requirement, the obvious
consequence of which'is that Grantee must appropriately obligate and request all
NSP funds from the Department for the Project which is the subject of this contract
by no later than the March 19, 2013, deadline, notwithstanding any contractual or
award timelines which might (even by extensions) exceed such deadline.
(c) 07/31/10 obligation deadline. The Grantee must provide documentation
satisfactory to the Department, prior to July 31, 2010, that all NSP activity funds
are "obligated", as that term is used and defined in the NSP Regulations.
Grantee's failure to adhere to this requirement may (at the Department's option)
result in Grantee's award hereunder being deobligated with respect to all •
unexpended funds.
(d) 03/31/10 interim performance measurement deadline. The Grantee must
provide documentation satisfactory to the Department, prior to March 31, 2010,
of successful completion of the following interim performance measurement
requirement(s):
1. Program A: The Grantee will have $1,000,000 under contract for demolition
and new construction activities.
2. Program B: The Grantee will have $1,000,000 under contract for acquisition
and rehabilitation activities.
3. Program C: The Grantee will have $1,650,000 under contract for acquisition
and rehabilitation activities.
•
CDBG—NSP 1(rev 08/20/09)—City of Omaha-0910S23—Page 5 of 34
(+ attached statutes and regulations comprising 34 additional pages)
, S aY m44 ob., : °� ''� ...� r43Pwe: 54 Lr,;�F .«„k,. �a ViA';x `. �.n
Total number of units in the Project—i 7 units
Total number of NSP-assisted units 7 units
Number of NSP units 120%--► 0 units
Number of NSP units 50%—► 7 units
AND
CDBG—NSP 1(rev 08/20/09)—City of Omaha-0910S23—Page 3 of 34
(+ attached statutes and regulations comprising 34 additional pages)
1 Ill 1
An Equal Opportunity/Affirmatiue Action Employer•Printed on recycled paper with soy ink possibil'il ies...endless
erminate the award in its entirety under either § 85.43 or Paragraph (a) of
this section.
Rev. 5/7/08
the cognizant agency for audit is determined based on the predominant amount of direct
Federal awards expended in the recipent's fiscal year ending in 2000).
Notwithstanding the manner in which audit cognizance is determined, a Federal awarding agency
with cognizance for an auditee may reassign cognizance to another Federal awarding agency which
http://www.whitehouse.gov/omb/rewrite/circular s/a 13 3/print/a 13 3.html 8/31/2009
s
of Health is a major subdivision in the Department of Health and Human Services.
(2) For Federal awards received as a subrecipient, the name of the pass-through entity and
identifying number assigned by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
Grantee's failure to adhere to the interim performance measurement
requirement(s) may (at the Department's option) result in Grantee's award
hereunder being deobligated with respect to all unexpended funds.
§1.03 Incorporation of RECITALS Paragraphs as Agreed Terms of Contract.
All provisions of paragraphs A, B, C, D, E, F, G and H of the RECITALS above are
incorporated as agreed provisions of the contract.
§1.04 National Objective Requirement.
Failure by the Grantee to fulfill the national objective requirement for NSP funds, as
noted in ¶E of the RECITALS, will result in grant funds being disallowed and required to
be returned to the Department.
§1.05 Program Income.
Program income is regulated by the provisions of the NSP Regulations. The text of
those Regulations should be consulted for definitions and for other guidance
concerning program income.
PART II: SPECIAL CONDITIONS FOR RELEASE OF FUNDS.
Funding of the amount stipulated in §1.01 of this contract will not be released to the
Grantee by the Department until the following special conditions for release of funds are
met. These special conditions must be satisfactorily completed no later than October 12,
2009, which is two calendar months after the contract inception date. The Department
reserves the right to cancel the contract if these special conditions are not met within this
specified time frame.
§2.01 Grantee Information Sheet.
Submission and completion of the Grantee Information Sheet.
§2.02 Environmental Review.
Documentation evidencing the Grantee's completion of its responsibilities for
environmental review and decision making pertaining to the Program, and its
compliance with the National Environmental Policy Act of 1969 (NEPA), other
provisions of Federal law as specified in 24 C.F.R. Part 58, which furthers the purposes
of NEPA.
§2.03 Authorization to Request Funds Form.
Completion by the appropriate official of the Grantee, and submission to the
Department, of the Department's Authorization to Request Funds form.
CDBG—NSP 1(rev 08/20/09)—City of Omaha-0910S23—Page 6 of 34
(+attached statutes and regulations comprising 34 additional pages)
and new construction activities.
2. Program B: The Grantee will have $1,000,000 under contract for acquisition
and rehabilitation activities.
3. Program C: The Grantee will have $1,650,000 under contract for acquisition
and rehabilitation activities.
•
CDBG—NSP 1(rev 08/20/09)—City of Omaha-0910S23—Page 5 of 34
(+ attached statutes and regulations comprising 34 additional pages)
, S aY m44 ob., : °� ''� ...� r43Pwe: 54 Lr,;�F .«„k,. �a ViA';x `. �.n
Total number of units in the Project—i 7 units
Total number of NSP-assisted units 7 units
Number of NSP units 120%--► 0 units
Number of NSP units 50%—► 7 units
AND
CDBG—NSP 1(rev 08/20/09)—City of Omaha-0910S23—Page 3 of 34
(+ attached statutes and regulations comprising 34 additional pages)
1 Ill 1
An Equal Opportunity/Affirmatiue Action Employer•Printed on recycled paper with soy ink possibil'il ies...endless
erminate the award in its entirety under either § 85.43 or Paragraph (a) of
this section.
Rev. 5/7/08
the cognizant agency for audit is determined based on the predominant amount of direct
Federal awards expended in the recipent's fiscal year ending in 2000).
Notwithstanding the manner in which audit cognizance is determined, a Federal awarding agency
with cognizance for an auditee may reassign cognizance to another Federal awarding agency which
http://www.whitehouse.gov/omb/rewrite/circular s/a 13 3/print/a 13 3.html 8/31/2009
s
of Health is a major subdivision in the Department of Health and Human Services.
(2) For Federal awards received as a subrecipient, the name of the pass-through entity and
identifying number assigned by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
§2.04 Financial Management.
Documentation evidencing completion of all financial management system
requirements and execution of the Financial Management Certification form prescribed
by the Department.
§2.05 Procurement Standards.
Documentation evidencing adoption of procurement standards equivalent to those
established in 24 C.F.R. §85.36 and 24 C.F.R. §570.489.
§2.06 Excessive Force Certification.
Documentation that the Grantee has adopted a policy to prohibit the use of excessive
force by local law enforcement agencies against any individual engaged in nonviolent
civil rights demonstrations.
§2.07 Fair Housing.
Documentation that the Grantee has specifically provided a description of the actions it
will take during the course of the grant to fulfill the requirements to affirmatively further
fair housing.
§2.08 CDBG Certified Administrator Required.
Documentation must be submitted to the Department identifying the CDBG Certified
Administrator the Grantee will use for the project. The Department's Nebraska
Community Development Block Grant Program Administration Manual contains details
about the certification process.
In addition to satisfying this special condition as a prerequisite for receiving a Notice of
Release of Funds, Grantee should note as a cross-reference the contract provision in
§1.01 regarding the need for maintaining a Department-approved CDBG Certified
Administrator in order to be paid for Project administrative costs.
§2.09 Other Special Conditions.
Program A:
Grantee's program guidelines must be approved, in writing, as acceptable to the
Department, by the Department's Program Representative for Grantee's
program.
Program B:
Grantee's program guidelines must be approved, in writing, as acceptable to the
Department, by the Department's Program Representative for Grantee's
program.
CDBG—NSP 1(rev 08/20/09)—City of Omaha-0910S23—Page 7 of 34
(+attached statutes and regulations comprising 34 additional pages)
orm.
CDBG—NSP 1(rev 08/20/09)—City of Omaha-0910S23—Page 6 of 34
(+attached statutes and regulations comprising 34 additional pages)
and new construction activities.
2. Program B: The Grantee will have $1,000,000 under contract for acquisition
and rehabilitation activities.
3. Program C: The Grantee will have $1,650,000 under contract for acquisition
and rehabilitation activities.
•
CDBG—NSP 1(rev 08/20/09)—City of Omaha-0910S23—Page 5 of 34
(+ attached statutes and regulations comprising 34 additional pages)
, S aY m44 ob., : °� ''� ...� r43Pwe: 54 Lr,;�F .«„k,. �a ViA';x `. �.n
Total number of units in the Project—i 7 units
Total number of NSP-assisted units 7 units
Number of NSP units 120%--► 0 units
Number of NSP units 50%—► 7 units
AND
CDBG—NSP 1(rev 08/20/09)—City of Omaha-0910S23—Page 3 of 34
(+ attached statutes and regulations comprising 34 additional pages)
1 Ill 1
An Equal Opportunity/Affirmatiue Action Employer•Printed on recycled paper with soy ink possibil'il ies...endless
erminate the award in its entirety under either § 85.43 or Paragraph (a) of
this section.
Rev. 5/7/08
the cognizant agency for audit is determined based on the predominant amount of direct
Federal awards expended in the recipent's fiscal year ending in 2000).
Notwithstanding the manner in which audit cognizance is determined, a Federal awarding agency
with cognizance for an auditee may reassign cognizance to another Federal awarding agency which
http://www.whitehouse.gov/omb/rewrite/circular s/a 13 3/print/a 13 3.html 8/31/2009
s
of Health is a major subdivision in the Department of Health and Human Services.
(2) For Federal awards received as a subrecipient, the name of the pass-through entity and
identifying number assigned by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
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http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
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•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
Program C:
Grantee's Tenant Selection Process, Sample Lease Agreement and Transition
Plan must be approved, in writing, as acceptable to the Department, by the
Department's Program Representative for Grantee's program.
PART Ill: SOURCES AND USES OF FUNDS.
§3.01 Sources and Uses of Funds.
SOURCES-4 NSP OTHER TOTAL
USES (Activities) 1
030 Clearance/Demolition $60,000 $0 $60,000
541 SF Housing Rental Rehab. $1,650,000 $0 $1,650,000
542 SF Hsg. New Const. $940,000 $0 $940,000
Homeownership
531 Hsg. $1,350,000 $0 $1,350,000
Purchase/Rehab/Resale
r P
fix r�,: � �'#e'�y� „�.'.���'{�� "F��';Y '���a Y�E r z��f�'f�Mx�s� r�.F���f��" J���.£ �, -�° _,.:a y� �'" ��.>� � ��`�s
'�<..yc< . -s: ,.,.�,., .sz e. f...,, .=x>`�,s� .t, at t �f x t In 2`3 a i' h�?t a,'jn. `�A,�k� � I
Total Project Cost $4,000,000 $0 $4,000,000
n i l nit i in fi
a l ��g
181 General Administration $160,000 $0 $160,000
3Yx�z' y.��3� .�i ��,a�tr�i ��F;k'�2tF� u�`� ,x�.,�"x r K' ,t,t�t a� � �£� �,y'i r � � t e A-�a
tG.A„z „?; �.,.S'�„`t 1 �",',1;`.`, �'&.�. h w s tr. a '� n1. qa.,$F bra' �" aT3 lt'P a c xt'l a s; l"_ �'�+
a�. �.w<�� �xgas.� t...rcu�_.,.�&,ak...o?n«,fin � ?k,Fs"`�as�E�v`�.,�`�', �tta� �"J���',�iitkY
Total Project+ General Admin. $4,160,000 $0 $4,160,000
The Sources and Uses of Funds table above reflects:
• The anticipated total costs of the NSP-assisted project.
• The NSP-assisted activities being funded.
• The sources and amounts of other matching funds required for each activity.
• The maximum authorized NSP funds for each NSP-assisted activity.
• The proportionality (derived by computation, not expressly shown) of funding
from all funding sources, for each activity and for the project in total.
Disbursement of NSP funds will be made only on a pro rata basis with all other
funding sources, for each activity and for the project in total. NSP funds will not
be the first funds invested in the project—but rather—NSP funds will flow into the
project in proportion to all other funding sources.
Grantee shall adhere to the limitations and matching proportionality requirements
reflected in the Sources and Uses of Funds table and the expressions of what such
table reflects as explained in the bullet-points immediately above.
CDBG—NSP 1(rev 08/20/09)—City of Omaha-0910S23---Page 8 of 34
(+attached statutes'and regulations comprising 34 additional pages)
pages)
, S aY m44 ob., : °� ''� ...� r43Pwe: 54 Lr,;�F .«„k,. �a ViA';x `. �.n
Total number of units in the Project—i 7 units
Total number of NSP-assisted units 7 units
Number of NSP units 120%--► 0 units
Number of NSP units 50%—► 7 units
AND
CDBG—NSP 1(rev 08/20/09)—City of Omaha-0910S23—Page 3 of 34
(+ attached statutes and regulations comprising 34 additional pages)
1 Ill 1
An Equal Opportunity/Affirmatiue Action Employer•Printed on recycled paper with soy ink possibil'il ies...endless
erminate the award in its entirety under either § 85.43 or Paragraph (a) of
this section.
Rev. 5/7/08
the cognizant agency for audit is determined based on the predominant amount of direct
Federal awards expended in the recipent's fiscal year ending in 2000).
Notwithstanding the manner in which audit cognizance is determined, a Federal awarding agency
with cognizance for an auditee may reassign cognizance to another Federal awarding agency which
http://www.whitehouse.gov/omb/rewrite/circular s/a 13 3/print/a 13 3.html 8/31/2009
s
of Health is a major subdivision in the Department of Health and Human Services.
(2) For Federal awards received as a subrecipient, the name of the pass-through entity and
identifying number assigned by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
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http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
1
PART IV: OTHER CONTRACTUAL CONDITIONS.
§4.01 Legal Authority and Acceptance of Environmental Review Responsibility.
By signing this contract, the Grantee, if it is a unit of general local government, certifies
that it possesses legal authority to accept NSP funds, and to carry out the Project
described in this contract; and that the Grantee's chief elected official:
(a) Consents to assume the status of responsible Federal official and the
responsibilities for environmental review and decision making under the National
Environmental Policy Act of 1969 (NEPA) and other provisions of Federal law as
specified in 24 C.F.R. Part 58 which further the purposes of NEPA; and,
(b) Is authorized and consents on behalf of the Grantee that they accept the
jurisdiction of the Federal courts for the purpose of enforcement of their
responsibilities as such responsible Federal official.
§4.02 Designation of Officials to Execute Contract and Amendments.
The Director of the Department or their designee is the official authorized to execute
this contract and any amendments to this contract, on behalf of the Department.
The Chief Elected Official (in the case a Grantee which is a unit of general local
government); or a duly authorized officer(in the case of a Grantee which is not a
governmental entity) is the official authorized to execute this contract and any
amendments to this contract, on behalf of the Grantee.
The Grantee or the Department may request amendments to this contract.
Amendments will not take effect until mutually agreed to in writing by both parties.
Grantee should note that the Department is not contemplating being favorably disposed
to allowing amendments/extensions of the contract's termination date.
§4.03 Grantee Compliance with NSP Regulations, CDBG Regulations Generally,
and Particularly Regarding Uniform Administrative Requirements.
The Grantee will comply with the NSP Regulations, with CDBG Regulations generally at
24 C.F.R. Part 570, including particularly the Uniform Administrative Requirements set
forth in 24 C.F.R. §570.502, or any reasonably equivalent procedures and requirements
that the Department may prescribe.
CDBG—NSP 1(rev 08/20/09)—City of Omaha-091 OS23—Page 9 of 34
(+attached statutes and regulations comprising 34 additional pages)
reflected in the Sources and Uses of Funds table and the expressions of what such
table reflects as explained in the bullet-points immediately above.
CDBG—NSP 1(rev 08/20/09)—City of Omaha-0910S23---Page 8 of 34
(+attached statutes'and regulations comprising 34 additional pages)
pages)
, S aY m44 ob., : °� ''� ...� r43Pwe: 54 Lr,;�F .«„k,. �a ViA';x `. �.n
Total number of units in the Project—i 7 units
Total number of NSP-assisted units 7 units
Number of NSP units 120%--► 0 units
Number of NSP units 50%—► 7 units
AND
CDBG—NSP 1(rev 08/20/09)—City of Omaha-0910S23—Page 3 of 34
(+ attached statutes and regulations comprising 34 additional pages)
1 Ill 1
An Equal Opportunity/Affirmatiue Action Employer•Printed on recycled paper with soy ink possibil'il ies...endless
erminate the award in its entirety under either § 85.43 or Paragraph (a) of
this section.
Rev. 5/7/08
the cognizant agency for audit is determined based on the predominant amount of direct
Federal awards expended in the recipent's fiscal year ending in 2000).
Notwithstanding the manner in which audit cognizance is determined, a Federal awarding agency
with cognizance for an auditee may reassign cognizance to another Federal awarding agency which
http://www.whitehouse.gov/omb/rewrite/circular s/a 13 3/print/a 13 3.html 8/31/2009
s
of Health is a major subdivision in the Department of Health and Human Services.
(2) For Federal awards received as a subrecipient, the name of the pass-through entity and
identifying number assigned by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
§4.04 Record Keeping.
The Grantee agrees to keep such records as specified in 24 C.F.R. §570.506, Records
to be Maintained, and any other records as the Department may reasonably require.
The Grantee agrees to keep such records so as to allow the Department to perform a
24 C.F.R. §570.492, State's review and audits.
All records pertinent to this grant and work undertaken as part of the Project, will be
retained by the Grantee for a period of ten (10) years after notification by the •
Department that the grant has been closed. If any claim, litigation, or audit is initiated
before the expiration of the ten-year period, the records must be retained until all
claims, litigation, or audits have been resolved.
The Department and duly authorized officials of the state and federal government will
have full access to, and the right to examine, audit, excerpt and/or transcribe, any of the
Grantee's records pertaining to all matters covered by this contract.
§4.05 Reports.
The Grantee will submit reports to the Department, in such form and with such
frequency, as the Department may prescribe, pertaining to the activities undertaken as
a result of this contract. The Grantee will also be required to submit a final performance
and financial report, in such form and within such times as the Department may
prescribe, at the occasion of grant closeout.
Additional Reporting Requirements Resulting from NSP funding. Because of the
NSP funding of this Project, the Department has additional, and more frequent, reporting
requirements imposed upon it by HUD than is the case in the usual CDBG-assisted
project. Consequently, the Grantee will be required to adhere to these additional
reporting requirements, in order to provide the information to the Department which the
Department must report to HUD. HUD reserves the right to restrict or withhold access to
NSP funds in the event of delinquent, incomplete, or inaccurate reporting to HUD by the
Department. Any such inability of the Department to access NSP funds from HUD, when
the inability arises from the Grantee's reporting deficiencies to the Department, will result
in the consequence to the Grantee that Project funds will be withheld from access by the
Grantee. As a basic deadline, NSP requires calendar quarter reporting of various aspects
of the Project. The information for a calendar quarter must be provided by the
Department to HUD within 30 calendar days of the end of the calendar quarter. Grantee
is required to provide the calendar quarter reporting information to the Department within
10 calendar days of the end of the calendar quarter. The Grantee is hereby
acknowledging and agreeing that the Grantee's Prolect reporting duties to the
Department will be those as are required under both the regular CDBG program as well
as those additional reporting requirements imposed as a result of NSP funding.
CDBG—NSP 1(rev 08/20/09)—City of Omaha-091 OS23—Page 10 of 34
(+attached statutes and regulations comprising 34 additional pages)
l 1
An Equal Opportunity/Affirmatiue Action Employer•Printed on recycled paper with soy ink possibil'il ies...endless
erminate the award in its entirety under either § 85.43 or Paragraph (a) of
this section.
Rev. 5/7/08
the cognizant agency for audit is determined based on the predominant amount of direct
Federal awards expended in the recipent's fiscal year ending in 2000).
Notwithstanding the manner in which audit cognizance is determined, a Federal awarding agency
with cognizance for an auditee may reassign cognizance to another Federal awarding agency which
http://www.whitehouse.gov/omb/rewrite/circular s/a 13 3/print/a 13 3.html 8/31/2009
s
of Health is a major subdivision in the Department of Health and Human Services.
(2) For Federal awards received as a subrecipient, the name of the pass-through entity and
identifying number assigned by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
§4.06 Audits.
Audits of this grant will be conducted in accordance with the Single Audit Act of 1984,
as amended, and the Office of Management and Budget (OMB) Circular A-133.
Generally Accepted Government Auditing Standards (GAGAS) must be followed. If the
Grantee meets the requirement for a Program-specific audit as defined in OMB Circular
A-133, Department approval for such a Program-specific audit is required and audit
procedures established by the Department will be followed.
Audit costs are an allowable general administration cost subject to limitations
established by the Act and the Department.
§4.07 Conflict of Interest.
The Grantee will comply with the conflict of interest prohibitions set forth for the CDBG
program at 24 C.F.R. §570.489. In the event prohibited conflicts of interest arise,
exceptions to the prohibition may be granted, on a case-by-case basis, by the
Department. The procedures governing such exception requests are set forth in the
Department's CDBG Administration Manual.
§4.08 Applicability to Subrecipients and Contractors.
The provisions of the contract will be made binding on any subrecipient or contractor of
the Grantee, and the Grantee will remain fully obligated under the provisions of this
contract.
§4.09 Waivers; and Assignment of Interest.
No conditions or provisions of this contract can be waived unless approved by the
Department in writing. The Grantee will not assign or transfer any interest in this
contract to any other party without the written consent of the Department.
§4.10 Non-Waiver of Rights.
The Department's failure to insist upon the strict performance of any provision of this
contract, or failure to exercise any right based upon breach, will not constitute a waiver
of any rights under this contract.
§4.11 Severability.
If any provision of this contract, or its application to any person or circumstances, is
held invalid by any court of competent jurisdiction, the invalidity will not affect other
provisions of this contract.
CDBG—NSP 1(rev 08/20/09)—City of Omaha-0910S23—Page 11 of 34
(+ attached statutes and regulations comprising 34 additional pages)
Grantee that Project funds will be withheld from access by the
Grantee. As a basic deadline, NSP requires calendar quarter reporting of various aspects
of the Project. The information for a calendar quarter must be provided by the
Department to HUD within 30 calendar days of the end of the calendar quarter. Grantee
is required to provide the calendar quarter reporting information to the Department within
10 calendar days of the end of the calendar quarter. The Grantee is hereby
acknowledging and agreeing that the Grantee's Prolect reporting duties to the
Department will be those as are required under both the regular CDBG program as well
as those additional reporting requirements imposed as a result of NSP funding.
CDBG—NSP 1(rev 08/20/09)—City of Omaha-091 OS23—Page 10 of 34
(+attached statutes and regulations comprising 34 additional pages)
l 1
An Equal Opportunity/Affirmatiue Action Employer•Printed on recycled paper with soy ink possibil'il ies...endless
erminate the award in its entirety under either § 85.43 or Paragraph (a) of
this section.
Rev. 5/7/08
the cognizant agency for audit is determined based on the predominant amount of direct
Federal awards expended in the recipent's fiscal year ending in 2000).
Notwithstanding the manner in which audit cognizance is determined, a Federal awarding agency
with cognizance for an auditee may reassign cognizance to another Federal awarding agency which
http://www.whitehouse.gov/omb/rewrite/circular s/a 13 3/print/a 13 3.html 8/31/2009
s
of Health is a major subdivision in the Department of Health and Human Services.
(2) For Federal awards received as a subrecipient, the name of the pass-through entity and
identifying number assigned by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
§4.12 Termination by Mutual Agreement.
This contract may be terminated in whole or in part, prior to the completion of contract
project activities, when both parties agree that continuation is not feasible or would not
produce beneficial results commensurate with the further expenditure of funds. The
parties must agree on the termination conditions, including effective date and the
portion to.be terminated.
The Grantee will not incur new obligations for the terminated portion after the effective
date, and will cancel as many outstanding obligations as possible. The Department will
make funds available to the Grantee to pay for allowable expenses incurred before the
effective date of termination.
§4.13 Termination for Cause.
In the event of a default or violation of the terms of this contract by the Grantee or
failure to use the grant for only those purposes set forth, the Department p may take the
following actions (which are additional to other default remedies specified elsewhere in
this contract):
(a) Suspension. After notice to the Grantee, suspend the contract and withhold any
further payment or prohibit the Grantee from incurring additional obligations of
gra
nt funds
pending
corr
ective rective action by the Grantee or a decision to terminate.
(b) Termination. Terminate the contract in whole, or in part, at any time before the
date of completion, whenever it is determined that the Grantee has failed to
comply with the terms and conditions of the contract. The Department will
promptly notify the Grantee in writing of the determination and the reasons for
the termination, together with the effective date. Payments made to the Grantee
or recoveries by the Department under contracts terminated for cause will be in
accord with the legal rights and liabilities of the parties. Payments and
recoveries may include, but are not limited to, payments allowed for costs
determined to be in compliance with the terms of this contract up to the date of
termination. The Grantee will return to the Department all unencumbered funds.
Further, any costspreviously paid
by the Department
nt which are su
bsequently
determined to be unallowable through audit and closeout procedures may be
recovered from present grant funds or deducted from future grants.
§4.14 Termination Due to Loss of Funds.
This contract will terminate in full or in part, at the discretion of the Department, in the
event the Department suffers a loss of funding or termination of the federal funds which
permit it to fund this grant. In the event the Department suffers such a loss of funding,
the Department will give the Grantee written notice which will set forth the effective date
of full or partial termination, or if a change in funding is required, setting forth the
change in funding.
CDBG—NSP 1(rev 08/20/09)—City of Omaha-0910S23---Page 12 of 34
(+attached statutes and regulations comprising 34 additional pages)
gulations comprising 34 additional pages)
l 1
An Equal Opportunity/Affirmatiue Action Employer•Printed on recycled paper with soy ink possibil'il ies...endless
erminate the award in its entirety under either § 85.43 or Paragraph (a) of
this section.
Rev. 5/7/08
the cognizant agency for audit is determined based on the predominant amount of direct
Federal awards expended in the recipent's fiscal year ending in 2000).
Notwithstanding the manner in which audit cognizance is determined, a Federal awarding agency
with cognizance for an auditee may reassign cognizance to another Federal awarding agency which
http://www.whitehouse.gov/omb/rewrite/circular s/a 13 3/print/a 13 3.html 8/31/2009
s
of Health is a major subdivision in the Department of Health and Human Services.
(2) For Federal awards received as a subrecipient, the name of the pass-through entity and
identifying number assigned by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
§4.15 State of Nebraska Non-Liability/Hold Harmless.
The Grantee will hold the State of Nebraska and the Department harmless from any
and all claims, demands, and actions based upon or arising out of any services
performed by the Grantee itself, or by their officials, officers, employees, agents, or
associates under this contract.
§4.16 Entire Agreement, Binding Effect, and Counterparts.
This instrument, along with any attachments, the approved grant Application, and those
items incorporated by reference, contain the entire agreement between the parties.
Any statements, inducements, or promises not contained therein will not be binding
upon the parties. -
This agreement will be binding upon, and will inure to the benefit of, the successors,
assigns, and legal representatives of the parties.
This agreement, or any amendment of this agreement, may be signed in any number of
counterparts, each of which will be an original, but all of which taken together will
constitute one agreement (or amendment, as the case may be).
§4.17 Governing Law.
This agreement shall be governed by; construed according to the laws and regulations
of; and subject to the jurisdiction of; the State of Nebraska.
§4.18 Demolition Activity Written Pre-approval Requirement.
Since demolition is a part of the Project, the Department's written approval must be
obtained by the Grantee prior to any demolition activity being undertaken by the
Grantee.
PART V: COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS.
The Grantee agrees the NSP and the CDBG program, and with the provisions of the
Department's CDBG Application Guidelines applicable to the Project, and with all
federal (and state) laws, regulations, and executive orders applicable to the
NSP-assisted project, including, but not limited to:
• National Environmental Policy Act of 1969 and regulations at 24 C.F.R. Part 58.
• The Davis-Bacon Act (and related acts).
• Section 3 of the Housing and Urban Development Act of 1968.
• The Architectural Barriers Act of 1968 and the Americans with Disabilities Act.
CDBG—NSP 1(rev 08/20/09)—City of Omaha-0910S23—Page 13 of 34
(+attached statutes and regulations comprising 34 additional pages)
llowable through audit and closeout procedures may be
recovered from present grant funds or deducted from future grants.
§4.14 Termination Due to Loss of Funds.
This contract will terminate in full or in part, at the discretion of the Department, in the
event the Department suffers a loss of funding or termination of the federal funds which
permit it to fund this grant. In the event the Department suffers such a loss of funding,
the Department will give the Grantee written notice which will set forth the effective date
of full or partial termination, or if a change in funding is required, setting forth the
change in funding.
CDBG—NSP 1(rev 08/20/09)—City of Omaha-0910S23---Page 12 of 34
(+attached statutes and regulations comprising 34 additional pages)
gulations comprising 34 additional pages)
l 1
An Equal Opportunity/Affirmatiue Action Employer•Printed on recycled paper with soy ink possibil'il ies...endless
erminate the award in its entirety under either § 85.43 or Paragraph (a) of
this section.
Rev. 5/7/08
the cognizant agency for audit is determined based on the predominant amount of direct
Federal awards expended in the recipent's fiscal year ending in 2000).
Notwithstanding the manner in which audit cognizance is determined, a Federal awarding agency
with cognizance for an auditee may reassign cognizance to another Federal awarding agency which
http://www.whitehouse.gov/omb/rewrite/circular s/a 13 3/print/a 13 3.html 8/31/2009
s
of Health is a major subdivision in the Department of Health and Human Services.
(2) For Federal awards received as a subrecipient, the name of the pass-through entity and
identifying number assigned by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
ACCEPTANCE PROVISIONS.
The parties acknowledge they have read and understand this contract and agree to its
provisions, and that it will be effective on the date when both parties have signed.
NEBRASKA DEPARTMENT OF GRANTEE—City of Omaha
ECONOM DEVELOPMENT
d '4 :,-(----f- --' By: , ,...- _
(Director or Designee) (Signa,. e of Authorized Official)
a- kl S 7Q17 /3,rer im Suttle, Mayor
(Typed or Printedk=/Title
� ��) (Typed or Printed Name/Title)
‘ff)40 -oc) September 9,2009
(Dat Li/� / (Date)
47-6006304
(Federal Identification Number)
APPENDIX
The Appendix is found on several pages following, and contains:
• Definition of blighted structure for NSP
• Definition of affordable rents for NSP
• Description of continued affordability requirements applicable to NSP housing
• Description of housing rehabilitation standards for NSP
• Title Ill of Division B of the Housing and Economic Recovery Act of 2008
(HERA), federal Public Law 110-289—Approved July 30, 2008
• October 2, 2008, HUD Regulatory notice regarding NSP
• June 15, 2009, HUD Regulatory "Bridge" notice regarding NSP
CDBG—NSP 1(rev 08/20/09)—City of Omaha-0910S23—Page 14 of 34
(+attached statutes and regulations comprising 34 additional pages)
be
obtained by the Grantee prior to any demolition activity being undertaken by the
Grantee.
PART V: COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS.
The Grantee agrees the NSP and the CDBG program, and with the provisions of the
Department's CDBG Application Guidelines applicable to the Project, and with all
federal (and state) laws, regulations, and executive orders applicable to the
NSP-assisted project, including, but not limited to:
• National Environmental Policy Act of 1969 and regulations at 24 C.F.R. Part 58.
• The Davis-Bacon Act (and related acts).
• Section 3 of the Housing and Urban Development Act of 1968.
• The Architectural Barriers Act of 1968 and the Americans with Disabilities Act.
CDBG—NSP 1(rev 08/20/09)—City of Omaha-0910S23—Page 13 of 34
(+attached statutes and regulations comprising 34 additional pages)
llowable through audit and closeout procedures may be
recovered from present grant funds or deducted from future grants.
§4.14 Termination Due to Loss of Funds.
This contract will terminate in full or in part, at the discretion of the Department, in the
event the Department suffers a loss of funding or termination of the federal funds which
permit it to fund this grant. In the event the Department suffers such a loss of funding,
the Department will give the Grantee written notice which will set forth the effective date
of full or partial termination, or if a change in funding is required, setting forth the
change in funding.
CDBG—NSP 1(rev 08/20/09)—City of Omaha-0910S23---Page 12 of 34
(+attached statutes and regulations comprising 34 additional pages)
gulations comprising 34 additional pages)
l 1
An Equal Opportunity/Affirmatiue Action Employer•Printed on recycled paper with soy ink possibil'il ies...endless
erminate the award in its entirety under either § 85.43 or Paragraph (a) of
this section.
Rev. 5/7/08
the cognizant agency for audit is determined based on the predominant amount of direct
Federal awards expended in the recipent's fiscal year ending in 2000).
Notwithstanding the manner in which audit cognizance is determined, a Federal awarding agency
with cognizance for an auditee may reassign cognizance to another Federal awarding agency which
http://www.whitehouse.gov/omb/rewrite/circular s/a 13 3/print/a 13 3.html 8/31/2009
s
of Health is a major subdivision in the Department of Health and Human Services.
(2) For Federal awards received as a subrecipient, the name of the pass-through entity and
identifying number assigned by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
AftatAIW
CITY OF OMAHA - DEFINITION OF INCOME
Annual Income Includes:
1. Wages, salaries, tips, commissions, etc.;
2. Self-employment income from owned non-farm business, including proprietorships and partnerships;
3. Farm self-employment income;
4. Interest, dividends, net rental income, or income from estates or trusts
5. Social security or railroad retirement;
6. Supplemental Security Income, Aid to Families with Dependent Children, or other public assistance or
public welfare programs;
7. Retirement, survivor or disability pensions;
8. Any other sources of income received regularly including Veterans' (VA) payments, unemployment
compensation, child support and alimony; and
9. Income from assets, as shown below:
a. Amounts in savings certificates, money market funds and other investment accounts.
b. Stocks, bonds, savings certificates, money market funds and other investment accounts.
c. Equity in real property or other capital investments. Equity is the estimated current market value of the
asset less the unpaid balance on all loans secured by the asset and reasonable costs (such as broker
fees) that would be incurred in selling the asset. Do not include equity in principle residence (home
equity).
d. The cash value of trusts that are available to the household.
e. IRA, Keogh and similar retirement savings accounts, even though withdrawal would result in a penalty.
f. Contributions to company retirement/pension funds that can be withdrawn without retiring or
terminating employment.
g. Assets which, although owned by more than one person, allow unrestricted access by the applicant.
h. Lump sum receipts such as inheritances, capital gains, lottery winnings, insurance settlements and
other claims.
i. Personal property held as an investment such as gems,jewelry, coin collections, antique cars, etc.
j. Cash value of life insurance policies.
k. Assets disposed of for less than fair market value during two years preceding certification or re-
certification.
10. Actual income from assets if total assets are $5,000 or less.
11. If assets are more than $5,000, the greater of (a) actual income from assets, or (b) total assets times
passbook rate. .
Annual Income Does Not Include the Following Assets:
1. Necessary personal property, except as noted in 9 (i).
2. Interest in Indian trust lands.
3. Assets that are a part of an active business or farming operation. NOTE: Rental properties are
considered personal assets held as an investment rather than business assets unless real estate is the
applicant's/tenant's main occupation.
4. Assets not accessible to the family and which provide no income for the family.
5. Vehicles especially equipped for the handicapped.
6. Equity in owner-occupied cooperatives and manufactured homes in which the family lives.
7. equity in principle residence (home equity).
I (we) acknowledge receipt of a copy of this Definition of Income.
Date Witness Date
•
Date Witness Date
A
EQUAL HOUSING
OPPORTUNITY
Revised and approved 11/16/2009
is section.
Rev. 5/7/08
the cognizant agency for audit is determined based on the predominant amount of direct
Federal awards expended in the recipent's fiscal year ending in 2000).
Notwithstanding the manner in which audit cognizance is determined, a Federal awarding agency
with cognizance for an auditee may reassign cognizance to another Federal awarding agency which
http://www.whitehouse.gov/omb/rewrite/circular s/a 13 3/print/a 13 3.html 8/31/2009
s
of Health is a major subdivision in the Department of Health and Human Services.
(2) For Federal awards received as a subrecipient, the name of the pass-through entity and
identifying number assigned by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
ATTACHMENT 3
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
During the performance of this Contract, the Contractor agrees as follows:
(1) The Contractor and its subcontractors shall not discriminate against any employee
or applicant for employment because of race, religion, color, sex, age, national
origin, handicap or familial status. As used herein, the work "treated" shall mean
and include, without limitation, the following: Recruited, whether by advertising
or by other means; compensated; selected for training, including apprenticeship;
promoted; upgraded; demoted; downgraded; transferred; laid off; and terminated.
The Contractor agrees to and shall post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the
contracting officers setting forth the provisions of this nondiscrimination clause.
(2) The Contractor and its subcontractors shall, in all solicitations or advertisements
for employees placed by or on behalf of the Contractor, state that all qualified
applicants will receive consideration for employment without regard to race,
religion, color, sex, national origin, age, handicap or familial status.
(3) The Contractor and its subcontractors shall send to each representative of workers
with which he has a collective bargaining agreement or other contract or
understanding a notice advising the labor union or worker's representative of the
Contractor's commitments under the equal employment opportunity clause of the
City and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
(4) The Contractor and its subcontractors shall furnish to the City's Human Relations
Director all federal forms containing the information and reports required by the
federal government for federal contracts under federal rules and regulations,
including the information required by Omaha Municipal Code Sections 10-192 to
10-194, inclusive, and shall permit reasonable access to his records. Records
accessible to the Human Relations Director shall be those which are related to
Paragraphs (1) through (7) of this subsection and only after reasonable notice is
given to the Contractor. The purpose for this provision is to provide for
investigation to ascertain compliance with the program provided for herein.
(5) The Contractor and its subcontractors shall take such actions with respect to any
subcontractor as the City may direct as a means of enforcing the provisions of
Paragraphs (1) through (7) herein, including penalties and sanctions for
noncompliance; however, in the event the Contractor becomes involved in or is
threatened with litigation as the result of such directions by the City, the City will
enter into such litigation as is necessary to protect the interests of the City and to
effectuate the provisions of this division; and in the case of contracts receiving
wledge receipt of a copy of this Definition of Income.
Date Witness Date
•
Date Witness Date
A
EQUAL HOUSING
OPPORTUNITY
Revised and approved 11/16/2009
is section.
Rev. 5/7/08
the cognizant agency for audit is determined based on the predominant amount of direct
Federal awards expended in the recipent's fiscal year ending in 2000).
Notwithstanding the manner in which audit cognizance is determined, a Federal awarding agency
with cognizance for an auditee may reassign cognizance to another Federal awarding agency which
http://www.whitehouse.gov/omb/rewrite/circular s/a 13 3/print/a 13 3.html 8/31/2009
s
of Health is a major subdivision in the Department of Health and Human Services.
(2) For Federal awards received as a subrecipient, the name of the pass-through entity and
identifying number assigned by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
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•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
SECTION 3 CLAUSE
All Section 3 covered contracts shall include the following clause (referred to as the Section 3
clause):
A. The work to be performed under this contract is subject to the requirements of Section 3
of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u
(Section 3). The purpose of Section 3 is to ensure that employment and other economic
opportunities generated by HUD assistance or HUD-assisted projects covered by Section
3 shall, to the greatest extent feasible, be directed to low- and very low-income persons,
particularly persons who are recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135,
which implement Section 3. As evidenced by their execution of this contract, the parties
to this contract certify that they are under no contractual or other impediment that would
prevent them from complying with the part 135 regulations.
C. The contractor agrees to send to each labor organization or representative of workers with
which the contractor has a collective bargaining agreement or other understanding, if any,
a notice advising the labor organization or workers' representative of the contractor's
commitments under this Section 3 clause, and will post copies of the notice in
conspicuous places at the work site where both employees and applicants for training and •
employment positions can see the notice. The notice shall describe the Section 3
preference, shall set forth minimum number and job titles subject to hire, availability of
apprenticeship and training positions, the qualifications for each; and the name and
location of the person(s) taking applications for each of the positions; and the anticipated
date the work shall begin.
D. The contractor agrees to include this Section 3 clause in every subcontract subject to
compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as
provided in an applicable provision of the subcontract or in this Section 3 clause, upon a
finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The
contractor will no6t subcontract with any subcontractor where the contractor has notice or
knowledge that the subcontractor has been found in violation of the regulations in 24
CFR part 135.
E. The contractor will certify that any vacant employment positions, including training
positions, that are filled (1) after the contractor is selected but before the contract is
executed, and (2) with persons other than those to whom the regulations of 24 CFR part
135 require employment opportunities to be directed were not filled to circumvent the
contractor's obligations under 24 CFR part 135.
F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,
termination of this contract for default, and debarment or suspension from future HUD-
assisted contracts.
Date
•
Date Witness Date
A
EQUAL HOUSING
OPPORTUNITY
Revised and approved 11/16/2009
is section.
Rev. 5/7/08
the cognizant agency for audit is determined based on the predominant amount of direct
Federal awards expended in the recipent's fiscal year ending in 2000).
Notwithstanding the manner in which audit cognizance is determined, a Federal awarding agency
with cognizance for an auditee may reassign cognizance to another Federal awarding agency which
http://www.whitehouse.gov/omb/rewrite/circular s/a 13 3/print/a 13 3.html 8/31/2009
s
of Health is a major subdivision in the Department of Health and Human Services.
(2) For Federal awards received as a subrecipient, the name of the pass-through entity and
identifying number assigned by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
G. With respect to workperformed in connection with Section 3 covered Indian housing
assistance, Section 7(b) of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450e) also applies to the work to be performed under this contract. Section
7(b) requires that to the greatest extent feasible (i) preference and opportunities for
training and employment shall be given to Indians, and (ii) preference in the award of
contracts and subcontracts shall be given to Indian organizations and Indian-owned
Economic Enterprises. Parties to this contract that are subject to the provisions of
Section 8 and Section 7(b) agree to comply with Section 3 to the maximum extent
feasible, but not in derogation of compliance with Section 87 (b).
Providing Other Economic Opportunities.
(a) General. In accordance with the findings of the Congress, as stated in Section 3,
that other economic opportunities offer an effective means of empowering low-
income persons, a recipient is encouraged to undertake efforts to provide to low-
income persons economic opportunities other than training, employment and
contract awards, in connection with Section 3 covered assistance.
(b) Other training and employment-related opportunities. Other economic opportunities
to train and employ Section 3 residents include, but need not be limited to, use of
"upward mobility", "bridge" and trainee positions to fill vacancies; and hiring
Section 3 residents in part-time positions.
(c) Other business-related economic opportunities: (1) A recipient or contractor may
provide economic opportunities to establish, stabilize or expand Section 3 business
concerns, including micro-enterprises. Such opportunities include, but are not
limited to formation of Section 3 joint ventures, financial support for affiliating with
franchise development, use of labor only contracts for building trades, purchase of
supplies and materials from housing authority resident-owned businesses, purchase
of materials and supplies from PHA resident-owned businesses and use of
procedures under 24 CFR part 963 regarding HA contracts to HA resident-owned
businesses. A recipient or contractor may employ these methods directly or may
provide incentives to non-Section 3 businesses to utilize such methods to provide
other economic opportunities to low-income persons. (2) A Section 3 joint venture
means an association of business concerns, one of which qualifies as a Section 3
business concern, formed by written joint venture agreement to engage in and carry
out a specific business venture for which purpose the business concerns combine
their efforts, resources and skills for joint profit, but not necessarily on a continuing
or permanent basis for conducting business generally, and for which the Section 3
business concern:
(i) Is responsible for a clearly defined portion of the work to be performed and
holds management responsibilities in the joint venture; and
(ii) Performs at least 25 percent of the work and is contractually entitled to
compensation proportionate to its work.
Rev. 5/7/08
the cognizant agency for audit is determined based on the predominant amount of direct
Federal awards expended in the recipent's fiscal year ending in 2000).
Notwithstanding the manner in which audit cognizance is determined, a Federal awarding agency
with cognizance for an auditee may reassign cognizance to another Federal awarding agency which
http://www.whitehouse.gov/omb/rewrite/circular s/a 13 3/print/a 13 3.html 8/31/2009
s
of Health is a major subdivision in the Department of Health and Human Services.
(2) For Federal awards received as a subrecipient, the name of the pass-through entity and
identifying number assigned by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
federal assistance, the Contractor or the City may request the United States to
enter into such litigation to protect the interests of the United States.
(6) The Contractor shall file and shall cause his subcontractors, if any, to file
compliance reports with the Contractor in the same form and to the same extent as
required by the federal government for federal contracts under federal rules and
regulations. Such compliance reports shall be filed with the Human Relations
Director. Compliance reports filed at such times as directed shall contain
information as to the employment practices, policies, programs and statistics of
the Contractor and his subcontractors. -
(7) The Contractor shall include the provisions of Paragraphs (1) through (7) of this
Section, "Equal Employment Opportunity Clause", and Omaha Municipal Code
Section 10-193 in every contract, subcontract or purchase order so that such
provisions will be binding upon each .subcontractor or vendor. (Code 1980,
Section 10-192; Ordinance No. 35344, Sections 1, 9-26-00)
income persons economic opportunities other than training, employment and
contract awards, in connection with Section 3 covered assistance.
(b) Other training and employment-related opportunities. Other economic opportunities
to train and employ Section 3 residents include, but need not be limited to, use of
"upward mobility", "bridge" and trainee positions to fill vacancies; and hiring
Section 3 residents in part-time positions.
(c) Other business-related economic opportunities: (1) A recipient or contractor may
provide economic opportunities to establish, stabilize or expand Section 3 business
concerns, including micro-enterprises. Such opportunities include, but are not
limited to formation of Section 3 joint ventures, financial support for affiliating with
franchise development, use of labor only contracts for building trades, purchase of
supplies and materials from housing authority resident-owned businesses, purchase
of materials and supplies from PHA resident-owned businesses and use of
procedures under 24 CFR part 963 regarding HA contracts to HA resident-owned
businesses. A recipient or contractor may employ these methods directly or may
provide incentives to non-Section 3 businesses to utilize such methods to provide
other economic opportunities to low-income persons. (2) A Section 3 joint venture
means an association of business concerns, one of which qualifies as a Section 3
business concern, formed by written joint venture agreement to engage in and carry
out a specific business venture for which purpose the business concerns combine
their efforts, resources and skills for joint profit, but not necessarily on a continuing
or permanent basis for conducting business generally, and for which the Section 3
business concern:
(i) Is responsible for a clearly defined portion of the work to be performed and
holds management responsibilities in the joint venture; and
(ii) Performs at least 25 percent of the work and is contractually entitled to
compensation proportionate to its work.
Rev. 5/7/08
the cognizant agency for audit is determined based on the predominant amount of direct
Federal awards expended in the recipent's fiscal year ending in 2000).
Notwithstanding the manner in which audit cognizance is determined, a Federal awarding agency
with cognizance for an auditee may reassign cognizance to another Federal awarding agency which
http://www.whitehouse.gov/omb/rewrite/circular s/a 13 3/print/a 13 3.html 8/31/2009
s
of Health is a major subdivision in the Department of Health and Human Services.
(2) For Federal awards received as a subrecipient, the name of the pass-through entity and
identifying number assigned by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
Attach merit S
MINORITY BUSINESS & WOMEN BUSINESS
ENTERPRISE PLAN
October 26, 2009
r, ryTAHAsss\
b
11/
O4D'1'tFET30' PLANNING• OMAHA
Jim suttee,Mayor PLANNING DEPARTMENT R.E. Cunningham, RA, F.SAME
City of Omaha CITY OF OMAHA City of Omaha
Planning Department
Omaha/Douglas Civic Center
1819 Farnam Street
Omaha,Nebraska 68183
1 Reviewed and approved 10/26, 2009
ITY Revised 5/1/08
provided on this form and any related
application for public benefits are true, complete and accurate and I understand that this
information may be used to verify my lawful presence in the United States.
PRINT NAME:
By:
SIGNATURE:
DATE:
Created and approved 10/26/2009
nstruction
577.85
MINORITY BUSINESSWOMEN BUSINESS ENTERPRISE PLAN
INTRODUCTION
Minority and women business sectors play an important part in Omaha's overall plans for future growth,
progress, and prosperity. It is vital to the City's economic condition and well-being that minority and
women businesses expand, thrive and prosper, generating economic stability and increased job
opportunities. Towards the fulfillment and accomplishment of these important objectives, the City of
Omaha remains committed to minority and women business development.
The City of Omaha's approach to minority/women business development is embedded in its policy of non-
discrimination in the conduct of City business including the procurement of goods, materials and services,
construction and community and economic development projects. The City recognizes its obligations to
each segment of the various communities it serves. It is in recognition of these responsibilities that the
City established the City's Contract Compliance Ordinance.
The Ordinance commits the City to:
1. Require contractors and/or vendors to provide employment opportunities without regard to race,
color, sex, religion, or national origin;
2. Monitor contractor and vendor equal opportunity performance; and
3. Increase the total number and total dollar volume of City contracts awarded to minority-owned and
women-owned firms.
GOALS AND OBJECTIVES
The following represents a summary of the goals and objectives of the Planning Department as they relate
to minority and women-owned businesses:
I. Encourage, increase and promote business and procurement opportunities for women-owned
businesses;
2. Increase and expand the awareness and understanding regarding the concerns, obstacles, and
hindrances preventing increased MBE/WBE participation in Planning Department activities;
3. Assist MBE's/WBE's through the revitalization of business districts;
4. Assist minority and female entrepreneurs in the formation and growth of new small businesses;
and
5. Provide technical assistance to neighborhood organizations, MBE's and WBE's to increase their
participation in the Planning Department programs and activities at all levels.
SCOPE OF WORK
In order to accomplish these objectives, the Planning Department will:
1. Require that recipients of grant awards, consulting contracts, or loans to develop and provide a
MBE/WBE Utilization Plan.
2. Ensure that Requests for Proposals require the submission of MBE/WBE Utilization Plans.
3. Ensure that the programs of the Planning Department are advertised in the appropriate new media
whose markets are targeted toward MBE/WBE.
2 Reviewed and approved 10/26, 2009
for which purpose the business concerns combine
their efforts, resources and skills for joint profit, but not necessarily on a continuing
or permanent basis for conducting business generally, and for which the Section 3
business concern:
(i) Is responsible for a clearly defined portion of the work to be performed and
holds management responsibilities in the joint venture; and
(ii) Performs at least 25 percent of the work and is contractually entitled to
compensation proportionate to its work.
Rev. 5/7/08
the cognizant agency for audit is determined based on the predominant amount of direct
Federal awards expended in the recipent's fiscal year ending in 2000).
Notwithstanding the manner in which audit cognizance is determined, a Federal awarding agency
with cognizance for an auditee may reassign cognizance to another Federal awarding agency which
http://www.whitehouse.gov/omb/rewrite/circular s/a 13 3/print/a 13 3.html 8/31/2009
s
of Health is a major subdivision in the Department of Health and Human Services.
(2) For Federal awards received as a subrecipient, the name of the pass-through entity and
identifying number assigned by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
4. Implement an outreach effort informing MBE and WBE firms and capture information on these
firms doing business with the Planning Department.
5. Implement a system to identify MBE and WBE firms and capture information on these firms doing
business with the Planning Department.
6. Require developers, corporations, partnerships and/or sole proprietors to register with the Human
Relations Department and the Purchasing Department. In addition, require these entities to:
A. Complete CC-1 (Human Relations Department)
B. Complete Bid List Registration (Finance Department, Purchasing Division
C. Complete Business Certification (Human Relations Department)
7. Require developers, corporations, partnerships and/or sole proprietors to provide registration
information on all sub-contractors.
8. Require loan agreements to include a statement that jobs created will be made available to low-to-
moderate income persons.
The following application package has been developed to assist you in complying with our request for
information on your business and all sub-contractors providing goods and/or services on projects financed •
by and/or implemented through an agreement with the City of Omaha. If you have any questions or
require further assistance in completing the application package, please contact Mr. Kenneth Johnson, Sr.
at 444-5165.
3 Reviewed and approved 10/26, 2009
d firms.
GOALS AND OBJECTIVES
The following represents a summary of the goals and objectives of the Planning Department as they relate
to minority and women-owned businesses:
I. Encourage, increase and promote business and procurement opportunities for women-owned
businesses;
2. Increase and expand the awareness and understanding regarding the concerns, obstacles, and
hindrances preventing increased MBE/WBE participation in Planning Department activities;
3. Assist MBE's/WBE's through the revitalization of business districts;
4. Assist minority and female entrepreneurs in the formation and growth of new small businesses;
and
5. Provide technical assistance to neighborhood organizations, MBE's and WBE's to increase their
participation in the Planning Department programs and activities at all levels.
SCOPE OF WORK
In order to accomplish these objectives, the Planning Department will:
1. Require that recipients of grant awards, consulting contracts, or loans to develop and provide a
MBE/WBE Utilization Plan.
2. Ensure that Requests for Proposals require the submission of MBE/WBE Utilization Plans.
3. Ensure that the programs of the Planning Department are advertised in the appropriate new media
whose markets are targeted toward MBE/WBE.
2 Reviewed and approved 10/26, 2009
for which purpose the business concerns combine
their efforts, resources and skills for joint profit, but not necessarily on a continuing
or permanent basis for conducting business generally, and for which the Section 3
business concern:
(i) Is responsible for a clearly defined portion of the work to be performed and
holds management responsibilities in the joint venture; and
(ii) Performs at least 25 percent of the work and is contractually entitled to
compensation proportionate to its work.
Rev. 5/7/08
the cognizant agency for audit is determined based on the predominant amount of direct
Federal awards expended in the recipent's fiscal year ending in 2000).
Notwithstanding the manner in which audit cognizance is determined, a Federal awarding agency
with cognizance for an auditee may reassign cognizance to another Federal awarding agency which
http://www.whitehouse.gov/omb/rewrite/circular s/a 13 3/print/a 13 3.html 8/31/2009
s
of Health is a major subdivision in the Department of Health and Human Services.
(2) For Federal awards received as a subrecipient, the name of the pass-through entity and
identifying number assigned by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
MBE/WBE FOR EMPLOYMENT
The following list of organizations is provided to assist you in identifying low-to-moderate income
persons for employment opportunities. You must make concerted efforts to hire low-to-moderate income
persons and document specific actions taken to achieve these objectives.
To help accomplish the above goals, the following agencies should be notified of initial employment
opportunities for low to moderate income persons:
Nebraska Work Force Development Employment YWCA
Services 222 South 29th Street
5717 "F" Street Omaha, NE 68131
Omaha, NE .68117 Natalia Peart, Executive Director
Mike Eastman 345-6555
593-3023
Nebraska Work Force Devt. Employment Services Omaha Opportunities Industrialization Center
Blue Lion Centre 2724 North 24th Street
2421-23 North 24th Street Omaha,NE 68110
Omaha, NE 68110 Clara Ellis-Watts, Interim Director
Shirley Carlson, Director 457-4222
444-3510
Urban League of Nebraska, Inc. Girls Incorporated of Omaha
3040 Lake Street 2811 North 45`h Street
Omaha, NE 68110 Omaha, NE 68104
Thomas H. Warren, President/CEO Miss Roberta Wilhelm, Executive Director
453-9730 457-4676
4 Reviewed and approved 10/26, 2009
d 10/26, 2009
d firms.
GOALS AND OBJECTIVES
The following represents a summary of the goals and objectives of the Planning Department as they relate
to minority and women-owned businesses:
I. Encourage, increase and promote business and procurement opportunities for women-owned
businesses;
2. Increase and expand the awareness and understanding regarding the concerns, obstacles, and
hindrances preventing increased MBE/WBE participation in Planning Department activities;
3. Assist MBE's/WBE's through the revitalization of business districts;
4. Assist minority and female entrepreneurs in the formation and growth of new small businesses;
and
5. Provide technical assistance to neighborhood organizations, MBE's and WBE's to increase their
participation in the Planning Department programs and activities at all levels.
SCOPE OF WORK
In order to accomplish these objectives, the Planning Department will:
1. Require that recipients of grant awards, consulting contracts, or loans to develop and provide a
MBE/WBE Utilization Plan.
2. Ensure that Requests for Proposals require the submission of MBE/WBE Utilization Plans.
3. Ensure that the programs of the Planning Department are advertised in the appropriate new media
whose markets are targeted toward MBE/WBE.
2 Reviewed and approved 10/26, 2009
for which purpose the business concerns combine
their efforts, resources and skills for joint profit, but not necessarily on a continuing
or permanent basis for conducting business generally, and for which the Section 3
business concern:
(i) Is responsible for a clearly defined portion of the work to be performed and
holds management responsibilities in the joint venture; and
(ii) Performs at least 25 percent of the work and is contractually entitled to
compensation proportionate to its work.
Rev. 5/7/08
the cognizant agency for audit is determined based on the predominant amount of direct
Federal awards expended in the recipent's fiscal year ending in 2000).
Notwithstanding the manner in which audit cognizance is determined, a Federal awarding agency
with cognizance for an auditee may reassign cognizance to another Federal awarding agency which
http://www.whitehouse.gov/omb/rewrite/circular s/a 13 3/print/a 13 3.html 8/31/2009
s
of Health is a major subdivision in the Department of Health and Human Services.
(2) For Federal awards received as a subrecipient, the name of the pass-through entity and
identifying number assigned by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
MBE/WBE FOR GOODS AND SERVICES
Your company must make vendors aware of your policy to support equal opportunity utilization of
minority, disabled and women-owned businesses. To accomplish this goal, you must provide a copy of
the approved MBE/WBE Participation Plan to all businesses providing goods and/or services to the
project.
Your company must provide the opportunity for Minority Business Enterprises and Women Business
Enterprises to provide goods and services through all phases of the project. A concerted effort must be
made to allow these businesses to actively compete for project contracts. This effort will include
utilization of the following resources and documentation of your actions to achieve these objectives.
Omaha Small Business Network, Inc.
2505 North 24th Street
Omaha, NE 68110
Vicki Wilson Tederman, Executive Director
453-5336
Housing and Community Development Division
City Planning
1819 Farnam Street, Room 1111
Omaha, NE 68183
Kenneth E. Johnson, Sr., Economic Development Manager
444-5165
Nebraska Department of Economic Development
Small Business (MBE/WBE/DBE) Assistance
301 Centennial Mall South
Lincoln, NE 68509-4666
Steve Williams, Business Assistance Manager
471-3111
Purchasing Department
l 819 Farnam Street, Room 1003
Omaha, NE 68183
John Leming, Purchasing Agent
444-5407
Human Rights and Relations Department
Contract Compliance (MBE/WBE)
1819 Farnam Street, Room 502
Omaha, NE 68183
444-5050
5 Reviewed and approved/0/26, 2009
nesses:
I. Encourage, increase and promote business and procurement opportunities for women-owned
businesses;
2. Increase and expand the awareness and understanding regarding the concerns, obstacles, and
hindrances preventing increased MBE/WBE participation in Planning Department activities;
3. Assist MBE's/WBE's through the revitalization of business districts;
4. Assist minority and female entrepreneurs in the formation and growth of new small businesses;
and
5. Provide technical assistance to neighborhood organizations, MBE's and WBE's to increase their
participation in the Planning Department programs and activities at all levels.
SCOPE OF WORK
In order to accomplish these objectives, the Planning Department will:
1. Require that recipients of grant awards, consulting contracts, or loans to develop and provide a
MBE/WBE Utilization Plan.
2. Ensure that Requests for Proposals require the submission of MBE/WBE Utilization Plans.
3. Ensure that the programs of the Planning Department are advertised in the appropriate new media
whose markets are targeted toward MBE/WBE.
2 Reviewed and approved 10/26, 2009
for which purpose the business concerns combine
their efforts, resources and skills for joint profit, but not necessarily on a continuing
or permanent basis for conducting business generally, and for which the Section 3
business concern:
(i) Is responsible for a clearly defined portion of the work to be performed and
holds management responsibilities in the joint venture; and
(ii) Performs at least 25 percent of the work and is contractually entitled to
compensation proportionate to its work.
Rev. 5/7/08
the cognizant agency for audit is determined based on the predominant amount of direct
Federal awards expended in the recipent's fiscal year ending in 2000).
Notwithstanding the manner in which audit cognizance is determined, a Federal awarding agency
with cognizance for an auditee may reassign cognizance to another Federal awarding agency which
http://www.whitehouse.gov/omb/rewrite/circular s/a 13 3/print/a 13 3.html 8/31/2009
s
of Health is a major subdivision in the Department of Health and Human Services.
(2) For Federal awards received as a subrecipient, the name of the pass-through entity and
identifying number assigned by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
City of Omaha
BUSINESS QUALIFICATION RESUME
DATE:
I. FIRM IDENTIFICATION:
COMPANY NAME
STREET ADDRESS
CITY STATE ZIP CODE
BUSINESS PHONE HOME PHONE
MONTH & YEAR ESTABLISHED
II. OWNERSHIP OF FIRM:
IS THE FIRM OWNED AND CONTROLLED BY MEMBER OF MINORITY OR OTHER
DISADVANTAGED GROUP?: YES NO MINORITY ❑
WOMAN I I N/A
TYPE OF OWNERSHIP: INDIVIDUAL PARTNERSHIP ❑ CORPORATION fl
IS 51% OWNED BY A MINORITY? YES U NO
NAME AND ADDRESS OF ALL STOCKHOLDERS AND/OR PARTNERS:
NAME, TITLE, HOME ADDRESS % OFOWNERSHIP
III. MANAGEMENT(USE SAME FORMAT FOR ADDITIONAL MANAGEMENT PERSONNEL):
NAME POSITION
EDUCATION
MANAGEMENT OR TECHNICAL TRAINING
6/22/90
7 Reviewed and approved 10/26, 2009
Created and approved 10/26/2009
nstruction
577.85
City of Omaha
CONTRACTOR INFORMATION FORM:
DATE: • PROJECT ADDRESS
OWNER INFORMATION: (To be filled out by the City of Omaha)
OWNER'S NAME
OWNER'S ADDRESS
CITY/STATE/ZIP CODE
OWNER'S PHONE NUMBER
OWNER'S FEDERAL TAX IDENTIFICATION NUMBER: MINORITY INFORMATION:
The Owner meets the following criteria:
MINORITY n WOMAN n N/A U
(If the company does not have a Federal Tax Identification
Number, then provide the Owner's Social Security Number.)
GENERAL CONTRACTOR INFORMATION:
COMPANY'S NAME
COMPANY'S ADDRESS
CITY/STATE/ZIP CODE
COMPANY'S PHONE NUMBER
COMPANY'S FEDERAL TAX IDENTIFICATION NUMBER: MINORITY INFORMATION:
The Company meets the following criteria:
MINORITY n WOMAN n N/A Li
CONTRACT AMOUNT:
SUBCONTRACTOR LIST:
SUBCONTRACTOR TRADE FED. I.D. # TELEPHONE# MINORITY INFO.:
Li MINORITY
❑ WOMAN
CONTRACT AMOUNT: ❑ N/A
SUBCONTRACTOR TRADE FED. I.D. # TELEPHONE# MINORITY INFO.:
❑ MINORITY
❑ WOMAN
CONTRACT AMOUNT: n N/A
8 Reviewed and approved 10/26, 2009
003
Omaha, NE 68183
John Leming, Purchasing Agent
444-5407
Human Rights and Relations Department
Contract Compliance (MBE/WBE)
1819 Farnam Street, Room 502
Omaha, NE 68183
444-5050
5 Reviewed and approved/0/26, 2009
nesses:
I. Encourage, increase and promote business and procurement opportunities for women-owned
businesses;
2. Increase and expand the awareness and understanding regarding the concerns, obstacles, and
hindrances preventing increased MBE/WBE participation in Planning Department activities;
3. Assist MBE's/WBE's through the revitalization of business districts;
4. Assist minority and female entrepreneurs in the formation and growth of new small businesses;
and
5. Provide technical assistance to neighborhood organizations, MBE's and WBE's to increase their
participation in the Planning Department programs and activities at all levels.
SCOPE OF WORK
In order to accomplish these objectives, the Planning Department will:
1. Require that recipients of grant awards, consulting contracts, or loans to develop and provide a
MBE/WBE Utilization Plan.
2. Ensure that Requests for Proposals require the submission of MBE/WBE Utilization Plans.
3. Ensure that the programs of the Planning Department are advertised in the appropriate new media
whose markets are targeted toward MBE/WBE.
2 Reviewed and approved 10/26, 2009
for which purpose the business concerns combine
their efforts, resources and skills for joint profit, but not necessarily on a continuing
or permanent basis for conducting business generally, and for which the Section 3
business concern:
(i) Is responsible for a clearly defined portion of the work to be performed and
holds management responsibilities in the joint venture; and
(ii) Performs at least 25 percent of the work and is contractually entitled to
compensation proportionate to its work.
Rev. 5/7/08
the cognizant agency for audit is determined based on the predominant amount of direct
Federal awards expended in the recipent's fiscal year ending in 2000).
Notwithstanding the manner in which audit cognizance is determined, a Federal awarding agency
with cognizance for an auditee may reassign cognizance to another Federal awarding agency which
http://www.whitehouse.gov/omb/rewrite/circular s/a 13 3/print/a 13 3.html 8/31/2009
s
of Health is a major subdivision in the Department of Health and Human Services.
(2) For Federal awards received as a subrecipient, the name of the pass-through entity and
identifying number assigned by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
City of Omaha
SUBCONTRACTOR LIST:
(Continuation)
SUBCONTRACTOR TRADE FED. I.D. # TELEPHONE # MINORITY INFO.:
(l MINORITY
❑ WOMAN
CONTRACT AMOUNT: ❑ N/A
SUBCONTRACTOR TRADE FED. I.D. # TELEPHONE# MINORITY INFO.:
❑ MINORITY
❑ WOMAN
CONTRACT AMOUNT: N/A
SUBCONTRACTOR TRADE FED. I.D. # TELEPHONE# MINORITY INFO.:
MINORITY
WOMAN
CONTRACT AMOUNT: •
( I N/A
SUBCONTRACTOR TRADE FED. I.D. # TELEPHONE# MINORITY INFO.:
MINORITY
(� WOMAN
CONTRACT AMOUNT: ❑ N/A
SUBCONTRACTOR TRADE FED. I.D. # TELEPHONE# MINORITY INFO.:
El MINORITY
El WOMAN
CONTRACT AMOUNT: [ N/A
SUBCONTRACTOR TRADE FED. I.D. # TELEPHONE # MINORITY INFO.:
U MINORITY
(l WOMAN
CONTRACT AMOUNT: N/A
SUBCONTRACTOR TRADE FED. I.D. # TELEPHONE # MINORITY INFO.:
MINORITY
WOMAN
CONTRACT AMOUNT: N/A
SUBCONTRACTOR TRADE FED. I.D. # TELEPHONE# MINORITY INFO.:
MINORITY
WOMAN
CONTRACT AMOUNT: ❑ N/A
9 Reviewed and approved 10/26, 2009
050
5 Reviewed and approved/0/26, 2009
nesses:
I. Encourage, increase and promote business and procurement opportunities for women-owned
businesses;
2. Increase and expand the awareness and understanding regarding the concerns, obstacles, and
hindrances preventing increased MBE/WBE participation in Planning Department activities;
3. Assist MBE's/WBE's through the revitalization of business districts;
4. Assist minority and female entrepreneurs in the formation and growth of new small businesses;
and
5. Provide technical assistance to neighborhood organizations, MBE's and WBE's to increase their
participation in the Planning Department programs and activities at all levels.
SCOPE OF WORK
In order to accomplish these objectives, the Planning Department will:
1. Require that recipients of grant awards, consulting contracts, or loans to develop and provide a
MBE/WBE Utilization Plan.
2. Ensure that Requests for Proposals require the submission of MBE/WBE Utilization Plans.
3. Ensure that the programs of the Planning Department are advertised in the appropriate new media
whose markets are targeted toward MBE/WBE.
2 Reviewed and approved 10/26, 2009
for which purpose the business concerns combine
their efforts, resources and skills for joint profit, but not necessarily on a continuing
or permanent basis for conducting business generally, and for which the Section 3
business concern:
(i) Is responsible for a clearly defined portion of the work to be performed and
holds management responsibilities in the joint venture; and
(ii) Performs at least 25 percent of the work and is contractually entitled to
compensation proportionate to its work.
Rev. 5/7/08
the cognizant agency for audit is determined based on the predominant amount of direct
Federal awards expended in the recipent's fiscal year ending in 2000).
Notwithstanding the manner in which audit cognizance is determined, a Federal awarding agency
with cognizance for an auditee may reassign cognizance to another Federal awarding agency which
http://www.whitehouse.gov/omb/rewrite/circular s/a 13 3/print/a 13 3.html 8/31/2009
s
of Health is a major subdivision in the Department of Health and Human Services.
(2) For Federal awards received as a subrecipient, the name of the pass-through entity and
identifying number assigned by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
Attachment 6
CITY OF OMAHA
SUBSIDY LAYERING STANDARDS FOR THE HOME/NSP/NAHTF PROGRAM
Standard: Before committing funds to a project, the City of Omaha will evaluate the project in
accordance with the following guidelines and will not invest any more HOME/NSP/NAHTF funds, in
combination with other, private and/or governmental assistance, than is necessary to provide affordable
housing. This standard is established in accordance with Cranston Gonzalez National Affordable
Housing Act, Section 212(F) as amended and 24 CFR Part 91.
Layering Guidelines: Generally, there will be multiple levels of review of the assistance received on a
project. The City of Omaha will rely on the determinations of the Nebraska Investment Finance
Authority, the City's Tax Increment Financing Authority and the Nebraska Equity Fund, as appropriate,
in evaluating such assistance.
City of Omaha Community Development staff will review the project pro-forma in assessing whether or
not the proposed HOME/NSP/NAHTF fund allocation is necessary to ensure feasibility of the project.
All sources and uses of funds will be detailed in applications and reviewed to determine that funding
sources are committed, an evaluation of all costs associated with the development will be conducted and
the reasonableness and appropriateness of the development costs will be assessed. All costs will be
compared to industry standards as to their reasonableness and certified by the Construction Specialist.
The City shall ensure that costs being funded by HOME/NSP/NAHTF are eligible and that per unit
assistance does not exceed the maximum.
Developers will be required to provide a project pro forma to the City of Omaha. The aggregate amount
of assistance from the US Depai talent of Housing and Urban Development and all other sources will be
considered to ensure the viability of the project. Factors relevant to the feasibility of the project will
include, among other things, rates of returns to owners and investors relative to current interest rates,
long-term needs of the project and the usual and customary fees charged to the project. The target
population and the needs of tenants will also be considered when reviewing a project.
The City's policy is that projects serving extremely low-income persons will generally require a higher
subsidy than projects serving low-income persons, and that projects serving low-income persons will
require a higher subsidy than projects serving moderate-income persons, and so forth. Other factors may
include whether or not the project serves primarily persons with physical or mental disability, elderly
persons, or others with special needs. Additionally, non-profit organizations will generally require a
higher subsidy than for-profit businesses.
Project cash flow and rate of return will also be evaluated. The City of Omaha normally will not allow an
excessive gain or profit to be derived from a project. The specific standard governing rate of return is the
return on investment shall not exceed twenty percent(20%); except in the case of a Single-Family Rental
Rehabilitation Program project with no first mortgage, the project costs have been certified by the
Planning Depaitnient,rents are affordable, and operating expenses are reasonable,the maximum return on
investment shall not exceed forty percent(40%).
Certification:
The Habitat for Humanity project located Scattered sites east of 72"d Street primarily within the NRSA,
has been evaluated in accordance with the above Subsidy Layering Standards for the
HOME/NSP/NAHTF Program guidelines, as approved by the Planning Director and the Housing and
Community Development Manager.
Daisy Burton, Contract Administration Date
and Compliance Manager
Revised and approved 12/4/2009
and
identifying number assigned by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
f47 raen Nr-aT
Housing and Community Development Division
City.of Omaha Planning Department
Cost Certification Form
Project Name: Single Family Housing Infill
Project Owner: Habitat for Humanity
Project Address: Scattered sites in NRSA Areas North & South
Project Cost Estimate: $1,050,000.00
(7 single family homes at $150,000.00 ea. total)
(7 single family homes at $100,000.00 ea. NSP)
The Rehabilitation Division has reviewed the project cost estimate, work write-up or
plans, specifications, &proposal. In our opinion the project cost estimate is accurate.
Rehabilitation Inspector: ' ` Date: /2/3 ci 9
Development Section Manager: Date: ia/-3 Or
MANAGEMENT OR TECHNICAL TRAINING
6/22/90
7 Reviewed and approved 10/26, 2009
Created and approved 10/26/2009
nstruction
577.85
C-25A
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, under Title III of Division B of the Housing and Economic Recovery
Act of 2008 (HERA), federal Public Law 110-289, approved July 20, 2008, the federal
government appropriated funds for emergency assistance for the redevelopment of abandoned
and foreclosed upon properties for the purpose of providing affordable housing opportunities for
low-, moderate-, and middle-income households; and,
WHEREAS, the State of Nebraska has received HERA funds from the U.S.
Department of Housing and Urban Development (HUD) to be distributed as grants to eligible
grantees to undertake and carryout eligible projects under Title III of the HERA, commonly
referred to as the Neighborhood Stabilization Program (NSP); and,
WHEREAS, the City Omaha applied for and received NSP funds under Contract
No. 0910S23 to provide $700,000.00 to Habitat For Humanity of Omaha, Inc., a Nebraska Non-
profit Corporation (hereinafter referred to as "HFHO") to construct seven (7) houses to be
located east of 72nd Street primarily in the North Omaha Neighborhood Revitalization Strategy
Area (NRSA) to be occupied by qualified homebuyers as their principal place of residence
whose annual household incomes are 50% and below the Median Income By Family Size as
established annually by the U.S. Department of Housing and Urban Development; and upon
completion of the construction work and the sale of the property to a qualified homebuyer,
HFHO will be reimbursed with a $100,000.00 grant per house for actual construction costs
(hereinafter referred to as the"Project"); and,
•
WHEREAS, the, Mayor recommended various projects in the 2009 Consolidated
Submission for Community Planning and Development Programs ("Consolidated Plan"); and,
WHEREAS, the City Council approved the 2009 Consolidated Plan on October 8,
2008, by Resolution No. 1492, as amended, and $700,000.00 in NSP funds was allocated to
HFHO for this new construction project; and,
WHEREAS, HFHO has submitted an estimation of the Project cost in the amount
of $1,050,000.00, comprised of $700,000.00 in NSP funds and $350,000.00 in funding from
HFHO and its volunteers; and,
WHEREAS, this Project meets the NSP Program national objective for providing
affordable housing to low-, moderate-, and middle-income families; therefore, the Project is
consistent with the Consolidated Plan and is eligible for funding; and,
By
Councilmember
Adopted
City Clerk
Approved
Mayor
ersons with physical or mental disability, elderly
persons, or others with special needs. Additionally, non-profit organizations will generally require a
higher subsidy than for-profit businesses.
Project cash flow and rate of return will also be evaluated. The City of Omaha normally will not allow an
excessive gain or profit to be derived from a project. The specific standard governing rate of return is the
return on investment shall not exceed twenty percent(20%); except in the case of a Single-Family Rental
Rehabilitation Program project with no first mortgage, the project costs have been certified by the
Planning Depaitnient,rents are affordable, and operating expenses are reasonable,the maximum return on
investment shall not exceed forty percent(40%).
Certification:
The Habitat for Humanity project located Scattered sites east of 72"d Street primarily within the NRSA,
has been evaluated in accordance with the above Subsidy Layering Standards for the
HOME/NSP/NAHTF Program guidelines, as approved by the Planning Director and the Housing and
Community Development Manager.
Daisy Burton, Contract Administration Date
and Compliance Manager
Revised and approved 12/4/2009
and
identifying number assigned by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
C-25A
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
WHEREAS, it is in the best interest of the City of Omaha and the residents
thereof to enter into an Agreement with HFHO for the development of this worthwhile Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, as recommended by the Mayor, the attached Agreement between the City
of Omaha and Habitat For Humanity of Omaha, Inc., a Nebraska Non-profit Corporation
(HFHO), Amanda Brewer, Executive Director/President, 2204 Ames Avenue, Omaha, Nebraska
68110, authorizing the Mayor to execute warranty deeds to convey sites sufficient in number and
size to HFHO to construct, with its funds, seven (7) single-family houses to be located east of
72nd Street, primarily in the North Omaha Neighborhood Revitalization Strategy Area to be
occupied by qualified homebuyers as their principal place of residence whose annual household
incomes are 50% and below the Median Income by Family Size as established annually by the
U.S. Department of Housing and Urban Development; and upon completion of the construction
work and the sale of the property to a qualified homebuyer, HFHO will be reimbursed with a
$100,000.00 grant per house for actual construction costs, is hereby approved. Funds shall be
paid from the NSP Housing Development Program, Fund No. 12198, Organization No. 129164.
APPROVED AS TO FORM:
_ Oct
CITY ATTORNEY DATE
Phzlsf1339-res
'•r
By
14444-I 9C11-14'44f4144- Councilmember
Adopted
AN 1 .2 2010
City Clerk 03*
Approv:
Mayor
"Project"); and,
•
WHEREAS, the, Mayor recommended various projects in the 2009 Consolidated
Submission for Community Planning and Development Programs ("Consolidated Plan"); and,
WHEREAS, the City Council approved the 2009 Consolidated Plan on October 8,
2008, by Resolution No. 1492, as amended, and $700,000.00 in NSP funds was allocated to
HFHO for this new construction project; and,
WHEREAS, HFHO has submitted an estimation of the Project cost in the amount
of $1,050,000.00, comprised of $700,000.00 in NSP funds and $350,000.00 in funding from
HFHO and its volunteers; and,
WHEREAS, this Project meets the NSP Program national objective for providing
affordable housing to low-, moderate-, and middle-income families; therefore, the Project is
consistent with the Consolidated Plan and is eligible for funding; and,
By
Councilmember
Adopted
City Clerk
Approved
Mayor
ersons with physical or mental disability, elderly
persons, or others with special needs. Additionally, non-profit organizations will generally require a
higher subsidy than for-profit businesses.
Project cash flow and rate of return will also be evaluated. The City of Omaha normally will not allow an
excessive gain or profit to be derived from a project. The specific standard governing rate of return is the
return on investment shall not exceed twenty percent(20%); except in the case of a Single-Family Rental
Rehabilitation Program project with no first mortgage, the project costs have been certified by the
Planning Depaitnient,rents are affordable, and operating expenses are reasonable,the maximum return on
investment shall not exceed forty percent(40%).
Certification:
The Habitat for Humanity project located Scattered sites east of 72"d Street primarily within the NRSA,
has been evaluated in accordance with the above Subsidy Layering Standards for the
HOME/NSP/NAHTF Program guidelines, as approved by the Planning Director and the Housing and
Community Development Manager.
Daisy Burton, Contract Administration Date
and Compliance Manager
Revised and approved 12/4/2009
and
identifying number assigned by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
__._..tea_ r�..an_..._ __.__:_. _c:_:a:_ __..:a.. ___a-: ...•:-.__ �_u __:�_:-.. __..�__a_ n___ at__ _-_ __a_
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.—.. — _L Ll— \ L-11 L.. ♦�—�l_J -- L..11�...— TL— --..a _L..--L :—:.�LI.. ..—�J ..�:♦
•
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print
•
cA
ti p • O° .1 0 W p' � w g� O. w CD GOQ rn
cD O
L.O (D ° CD O 0 ° N a w CD fD w '�'q p ,„,
'+
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"'a a co vn O < 0 w cn O c<D .1. A Ci CD
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P., v, ° rn O .�,z cn o '-„`< a E.o i-s co co ,4- .ti a
•
•
•
I .t
•
shed annually by the
U.S. Department of Housing and Urban Development; and upon completion of the construction
work and the sale of the property to a qualified homebuyer, HFHO will be reimbursed with a
$100,000.00 grant per house for actual construction costs, is hereby approved. Funds shall be
paid from the NSP Housing Development Program, Fund No. 12198, Organization No. 129164.
APPROVED AS TO FORM:
_ Oct
CITY ATTORNEY DATE
Phzlsf1339-res
'•r
By
14444-I 9C11-14'44f4144- Councilmember
Adopted
AN 1 .2 2010
City Clerk 03*
Approv:
Mayor
"Project"); and,
•
WHEREAS, the, Mayor recommended various projects in the 2009 Consolidated
Submission for Community Planning and Development Programs ("Consolidated Plan"); and,
WHEREAS, the City Council approved the 2009 Consolidated Plan on October 8,
2008, by Resolution No. 1492, as amended, and $700,000.00 in NSP funds was allocated to
HFHO for this new construction project; and,
WHEREAS, HFHO has submitted an estimation of the Project cost in the amount
of $1,050,000.00, comprised of $700,000.00 in NSP funds and $350,000.00 in funding from
HFHO and its volunteers; and,
WHEREAS, this Project meets the NSP Program national objective for providing
affordable housing to low-, moderate-, and middle-income families; therefore, the Project is
consistent with the Consolidated Plan and is eligible for funding; and,
By
Councilmember
Adopted
City Clerk
Approved
Mayor
ersons with physical or mental disability, elderly
persons, or others with special needs. Additionally, non-profit organizations will generally require a
higher subsidy than for-profit businesses.
Project cash flow and rate of return will also be evaluated. The City of Omaha normally will not allow an
excessive gain or profit to be derived from a project. The specific standard governing rate of return is the
return on investment shall not exceed twenty percent(20%); except in the case of a Single-Family Rental
Rehabilitation Program project with no first mortgage, the project costs have been certified by the
Planning Depaitnient,rents are affordable, and operating expenses are reasonable,the maximum return on
investment shall not exceed forty percent(40%).
Certification:
The Habitat for Humanity project located Scattered sites east of 72"d Street primarily within the NRSA,
has been evaluated in accordance with the above Subsidy Layering Standards for the
HOME/NSP/NAHTF Program guidelines, as approved by the Planning Director and the Housing and
Community Development Manager.
Daisy Burton, Contract Administration Date
and Compliance Manager
Revised and approved 12/4/2009
and
identifying number assigned by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts •
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
Institute, Atlanta, Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
•
http://www.whitehouse.gov/omb/rewrite/cireulars/a122/6.122 2004.html 8/31/2009
d directly or indirectly as settlement expenses.
•
•
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
p://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
ted Darts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a 122/a 122_2004.html 8/31/2009
is in service for monthly
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http://www.whitehouse.gov/omb/rewrite/circulars/a122/a 122_2004.html 8/31/2009
ace, excluding common areas, •
such as hallways, stairwells, and restrooms.
•
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
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Contractor's ROE(Generic)-ExB Page 2 of 3 Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
impair the safety of such operations. When not in use,Contractor's machinery
Contractor's ROE(Generic)-ExB Page 1 of 3 • Exhibit B
Form Approved-AVP Law 07-09-07 General Terms&Conditions
Exhibit A
Railroad Location Print
2586-69 Date:October 21,2009
WARNING
IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE.
PHONE:1-(800)336-9193
Exhibit A
Railroad Location Print