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HomeMy WebLinkAboutExhibit A"EXHIBIT A" EPA BROWNFIELD ASSESSMENT AND CLEANUP GRANT COOPERATIVE AGREEMENT WITH CITY OF MIAMI, FL BF - 95461010- 0 Page 1 atUjgosT4p�s, - ��, . a• 44Lt pilot U.S. ENVIRONMENTAL PROTECTION AGENCY Cooperative Agreement ASSISTANCE ID NO. DATE OF AWARD 08/19/2010 PRG DOC ID AMEND# BF - 95461010 - 0 TYPE OF ACTION New MAILING DATE 08/26/2010 PAYMENT METHOD: , ACH ACH# 40237 ' RECIPIENT TYPE: Send Payment Request to: Municipal Las Vegas Finance Center RECIPIENT: PAYEE: _ City of Miami City of Miami 444 SW 2nd Avenue 444 SW 2nd Avenue Miami, FL 33130 Miami, FL 33130 EIN: 59-6000375 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Dorcas Perez . Barbara Capita -Margaret Crowe 444 SW 2nd Avenue 61 Forsyth Street Grants Management Office Miami, FL 331.30 Atlanta, GA 30303-8960 E-Mafl:-crowe,margaret@epa.gov E-Mall: dperez©miamigoc.com E-Mail: Caprita.8arbara@epa,gov Phone: 404-562-8687 . Phone: 305-416-1536 - Phone: 404-562-9969 PROJECT TITLE AND DESCRIPTION Brownfields Assessment and Cleanup Cooperative Agreements This action approves an award in the amount of $200,000 for the City of Miami, Florida for clean up of petroleum contaminants at the' Former Shamrock Gas Station site: During the life of the project, the recipient will carry out community involvement activities to encourage redevelopement of the site such that the future reuse of the property will create or retain jobs and does not pose a threat to human health and the environment. • BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 107/01/2010 - 06/30/2013 07/01/2010 - 08/30/2013 $240,000.00 $240,000.00 NOTICE OF AWARD . Based on your application dated 05/28/2010, including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA), hereby awards $200,000. EPA agrees to oast -share 80.00'/ of all approved budget period costs incurred, up to and not exceeding total federal funding of $200,000. Such award may be terminated by EPA without further cause if the recipient fails to providettmely affirmation of the award . by signing under the Affirmation of Award section and returning all pages of this agreement to the Grants Management Office listed below within 21 days after receipt, or any extension of time, as may be granted by EPA. This agreement is subject to applicable EPA statutory provisions. The applicable regulatory provisions are 40.CFR Chapter 1, Subchapter B, and all terms and conditions of this agreement and any attachments. • ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION /ADDRESS ORGANIZATION / ADDRESS U.S. EPA, Region 4 e1 Forsyth Street Resource Conservation and Recovery Act Division Atlanta, GA 30303-8960 61 Forsyth Street Atlanta, GA 30303-8960 THE UNITED STATES OF AMERICA BY.THE U.S. ENVIRONMENTAL PROTECTION AGENCY SIGNATURE OF AWARD OFFICIAL ' • TYPED NAME AND TITLE DATE Digital signature appiie by EPA Award Official Elaine Curler, Grants Management Officer 08/i 9/2010 AFFIRMATION OF AWARD . • . Y AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION SIGNATURE. • TYPED NAME AND TITLE DATE •rector . Cp.MZLOS A. MI c &IA r Ct-C4. :Hponlh6FJL EPA Funding Information BF 95481010 - 0 Page 2 FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount Thls Action $ $ 200,000 $ 200,000 EPA In -Kind Amount $ $ $ 0 Unexpended Prior Year Balance $ $ $ 0 Other Federal Funds $ . $ $ 0 Recipient Contribution $ $ $ 0 State Contribution . $ $ $ 0 Local Contribution $ $ 40,000 $ 40,000 Other Contribution $ $ $ 0 Allowable Project Cost $ 0 $ 240,000 $ 240,000. Assistance Program (CFDA) Statutory Authority Regulatory Authority 66.818- Brownfieids Assessment and Cleanup —Cooperative Agreements • CERCLA: Sec. 101(39) CERCLA: Sec. 104(k)(3) • 40 CFR PART 31 Fiscal Site Name Req No FY Approp. Code Budget Organization PRC Object Class Site/Project Cost Organization Obligation / Deobligation SHAMROCK 1004VT0035 • 10 E4 04V2AG7 402079EBP 4114 G4CLOT04 - 200,000 200,000 BF - 95461010 - 0 Page 3 Budget Summary Pape Table A - Object Class Category (Non -construction) Total Approved Allowable Budget Period Cost 1. Personnel $0 2. Fringe Benefits $0 3. Travel $5,000 4. Equipment $0 5. Supplies $4,835 6. Contractual $230,165 7. Construction $0 8.Other $0 9.Total Direct Charges $240,000 10.Indirect Costs: .% Base $0 11. Total (Share: Recipient 20.00 % Federal 80.00 %.) $240,00D 12. Total Approved Assistance Amount ' $200,000 13. Program Income $0 14. Total EPA Amount Awarded This Action $200,000 15. Total EPA Amount Awarded To Date $200,000 Administrative Conditions BF - 95461010 - 0 Page 4 1. Consultant Cap 2010 Payment to consultants. EPA participation friths salary rate (excluding overhead) paid to Individual consultants retained by recipients or by a recipient's contractors or subcontractors shall be limited to the maximum daily rate for a Level IV of the Executive Schedule (formerly GS-18), to be adjusted annually. This limit applies to consultation services of designated Individuals with specialized skills who are paid at a daily or hourly rate. As of January 1, 2010, the limit. is $596.00 per day and $74.50 per hour. This rate does not include transportation and subsistence costs for travel performed (the recipient will pay these In accordance with their normal travel reimbursement practices). Subagreements with firms for services which are awarded using the procurement requirements in 40 CFR 30 or 31, as applicable, are not affected by this limitation unless the terms•of the contract provide the recipient with responsibility for the selection, direction, and control of the individuals who will be providing services under the contract at an hourly or daily rate of compensation. See 40 CFR 31.36(j) or 30.27(b). 2. Debarment and Suspension - Recipient shall fully comply with Subpart C of 2 CFR Part 180 and 2 CFR Part 1532, entitled "Responsibilities of Participants Regarding Transactions (Doing Business with Other Persons)." Recipient is responsible for ensuring that any lower tier covered transaction as described In Subpart B of 2 CFR Part 180 and 2 CFR Part 1532, entitled "Covered Transactions, includes a term or condition requiring compliance with Subpart C. Recipient is responsible for further requiring the inclusion of a similar term or condition In any subsequent lower tier covered transactions. Recipient acknowledges that failing to disclose. the information as required at 2 CFR 180.335 may result In the delay or negation of thls assistance agreement, or pursuance!:r of legal remedies, including suspension and debarment. Recipient may access the Excluded Parties list System at www.epls.gov. This term and condition supersedes EPA Form 5700-49, "Certification Regarding Debarment, Suspension, and Other Responsibility Matters." 3. Drug -Free Workplace Certification The recipient organization of this EPA assistance agreement.must make an ongoing, good faith effort to maintain a drug -free workplace pursuant to the specific requirements set forth in Title 40 CFR 36.200 - 36.230. Additionaily,.in accordance with these regulations, the recipient organization must identify all known workplaces under its federal awards, and keep this ._information on file during the performance of the award. Those recipients who are Individuals must comply with the drug -free provisions set forth In Title 40 CFR 36.300. • The consequences for violating this condition are detailed under Title 40 CFR 36.510. Recipients can access the Code of Federal Regulations (CFR) Title 40 Part 36 at http://www.access.goo.gov/naralcfr/waisidx 06/40cfr36 06.html 4. EPA Participation • This award and the resulting ratio of funding Is based on estimated costs requested in the application. EPA participation in the final total allowable program/project costs (outlays) shall not exceed the statutory limitation (80 %) of total allowable program/project costs or the total funds awarded, whichever is lower. 5. Reimbursement Limitation EPA's financier obligations to the recipient are limited by the amount of federal funding awarded to date as shown on line 16 in its EPA approved budget. If the recipient incurs costs in anticipation of receiving additional funds from EPA, It does so at Its own risk. 6. Hotel -Motel Fire Safety Pursuant to 40 CFR 30.18, if applicable, and 15 USC 2225a, the recipient agrees to ensure that all space for conferences, meetings, conventions, or training seminars funded in whole or In part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (PL 101-391, as amended). Recipients may search the Hotel -Motel National Master List at http:l/www.usfa.dhs.goviappiications/hotel/ to see if a property Is in compliance (FEMA ID is currently not required), or to find other information about the Act. 7. LOBBYING - ALL RECIPIENTS The recipient agrees to comply with Title 40 CFR Part 34. New Restrictions on Lobbying . The recipient shall include the language of thls provision In award documents tor all subawards exceeding $100,000, and require that subreclpients submit certification and disclosure forms accordingly. In accordance with the Byrd Anti -Lobbying Amendment, any recipient who makes a prohibited expenditure under Title 40 CFR Part 34 or falls to file the required certification or lobbying forms shall be subject to a civil. penalty of not less than $10,000 and not more than $100,000 for each such expenditure, 8. LOBBYING AND LITIGATION - ALL RECIPIENTS - SUPPLEMENTS TO THE LOBBYING CONDITION The chief executive officer of this recipient agency shall ensure that no grant funds awarded under this assistance agreement are used to engage In lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The recipient shall abide by its respective OMB Circular (A-21, A.87, or A-122), which prohlbtts the use of federal grant funds for litigation against the United States or for lobbying or other political activities. 9. Management Fees Management fees or similar charges in excess of the direct costs and approved Indirect rates are not allowable. The term "management fees or similar charges° refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other similar costs which are not allowable'under this assistance agreement. Management fees or similar charges may not be used to improve or expand the project funded under this agreement, except to the extent authorized as a direct cost of carrying out the soope of work. 10. UTILIZATION OF SMALL, MINORITY AND WOMEN'S BUSINESS ENTERPRISES GENERAL COMPLIANCE, 40 CFR, Part 33 The recipient agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority and Women's Business Enterprises in procurement under assistance agreements, contained in 40 CFR, Part 33. FAIR SHARE OBJECTIVES, 40 CFR, Part.33,.Subpart D A recipient must negotiate with the appropriate EPA award official, or his/her designee, air share objectives for MBEand:: • WBE (MBE/WBE) participation in procurement under the financial assistance agreements. Accepting the Falr Share Objectives/Goals of Another Recipient • The dollar amount of this assistance agreement Is $250,000, or more; or the total dollar amount of ,all of the recipient's. non -TAG assistance agreements from EPA in the current fiscal year is $250,000, or more. -The recipient accepts.the applicable MBE/WBE fair share objectives/goals negotiated with EPA bythe FLORIDA DEPARTMENT OF • ' ENVIRONMENTAL PROTECTION as follows: ' MBE: CONSTRUCTION 9%; SUPPLIES 9%; SERVICES 9%; EQUIPMENT 9% ' WBE: CONSTRUCTION 3%; SUPPLIES 3%; SERVICES 3%; EQUIPMENT 3% By signing this financial assistance agreement, the recipient is accepting the fair share objectives/goals stated above and attests to the' fact that it is purchasing the same or similar construction, supplies, services and.equipment, in the same or similar relevant geographic buying market as FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION. Negotiating Fair Share Objectives/Goals, 40 CFR, Section 33.404 The recipient has the option to negotiate its own MBE/WBE fair share objectives/goals. If the recipient wishes to negotiate,lts own MBE/WBE fair share objectives/goals, the recipient agrees to submit proposed MBE/WBE • objectives/goals based on an availability analysis, or disparity study, of qualified MBEs and WBEs in their relevant geographic buying market for construction, services, supplies and equipment. The submission of proposed fair share goals with the supporting analysis or disparity study means that the recipient Is not accepting the fair share objectives/goals of another recipient. The recipient agrees to submit proposed fair share objectives/goals, together with the supporting availability analysis or disparity study, to the Regional MQEIWDE Coordinator within 120 days of its acceptance of the financial assistance award. EPA will respond to the proposed fair share objective/goals within 30 clays of receiving the submission. If proposed fair share objective/goals are not received within the 120 day time frame, the recipient may not expend Its EPA funds for procurements until the proposed fair share objective/goals are submitted. SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C Pursuant to 40 CFR, Section 33.301 the recipient agrees -to make the following good laith efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement, and to require that sub -recipients, loan recipients, and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained: (a) Require DBEs'are made aware of contracting opportunities to the fullest extent practicable through outreach -and recruitment activities. For Indian Tribal, State and Local and Government recipients, this will Include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. (b) Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. (c) Consider In the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. (d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle Individually. (e) Use the services and assistance of the SBA and -he Minority Business Development Agency of the Department of Commerce. (f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs (a) through (e) of this section. MBE/WBE REPORTING, 40 CFR; Part 33, Sections 33.502 and 33.503 The recipient agrees to complete and submit EPA Form 5700-52A, "MBE'ANBE Utilization Under Federal Grants, Cooperative Agreements and Interagency Agreements" beginning with the Federal fiscal year reporting period the recipient receives the award, and continuing until the project is completed. Only procurements with certified MBEJWBEs are counted toward a recipient's MBE/WBE accomplishments. The reports must be submitted • semiannually tor the periods ending March 31' and September 30"' for: • Recipients of financial assistance agreements that capitalize revolving loan programs (CWSRF; DWSRF, ' Browniields); and • All other recipients not identified as annual reporters (40 CFR Part 30 and 40 CFR, Part 35, Subpart A and Subpart B recipients are annual reporters). The reports are due within 30 days of the end of the semiannual reporting per ode (April 30" and October 30 "). Reports should be sent to: Grants Management.Office EPA, REGION 4 61 FORSYTH STREET, SW ATLANTA, GEORGIA 30303.6960 Finaf•MBE/WBE reports must be submitted within 90 days after the project period of the grant ends. Your grant cannot be officially closed without all MBEIWBE reports. EPA Form 5700-52A may be obtained from the EPA Office of Small Business Program's Home Page on the Internet at www.ena.gov/osbo CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, Section 33.302 The recipient agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. BIDDERS UST, 40 CFR, Section 33.501(b) and (c) Recipients and sub recipients of a Continuing Environmental Program Grant or other annual reporting grant, agree to create and maintain a bidders list. Recipients of an EPA financial assistance agreement to capitalize a revolving loan fund also agree to require entities receiving identified loans to create end maintain a bidders list if the recipient of the loan is subject to, or chooses to follow, competitive bidding -requirements. Please see 40 CFR, Section 33.501 (b) and (c) for specific requirements and exemptions. 11. pre -Award Costs Approved Costs Incurred prior to the date of award as specified In the approved application and workplan are hereby authorized. The pre -award costs included in.the application and workplan are necessary to complete the project and would otherwise have been authorized. 12. Recvclinq In accordance with Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6962)'any State agency or agency of a political subdivision of a State which is using appropriated Federal funds shall comply with the requirements set forth. Regulations issued under RCRA Section 6002 apply to any acquisition of an Item where the purchase price exceeds $10,000 or where the quantity of such items acquired in the course of the preceding fiscal year was $10,000 or more. RCRA Section 6002 requires that preference be given In procurement programs to the purchase of specific products containing recycled•materials Identified in guidelines developed by EPA. These guidelines are listed in 40 CFR 247. In accordance with the polices set forth in EPA Order 1000.25 and Executive Order 13423, Strengthening -Federal Environmental, Energy and Transportation Management (January 24,'2007), the recipient agrees to use recycled paper and double sided printing for all reports which are prepared as a part of this agreement and delivered to EPA. This requirement does not apply to reports prepared on forams supplied by EPA, or to Standard Forms, which are.printed on redycled paper and are available through the General Services Administration. 13. Simile Audit Act In accordance with OMB Circular A-133, which implements the single Audit Act, the reoipient hereby agrees to obtain a single audit from an independent auditor If It expends $500,0D0 or more in total Federal funds In any fiscal year. Within nine months after the end of a recipient's fiscal year or 30 days after receiving the report from the auditor, the recipient shall submit a copy of the SF -SAC and a Single Audit Report Package.' For fiscal periods 2002 to 2007 recipients are to submit hardcopy to the following address: Federal Audit Clearinghouse 1201 East 10th Street Jeffersonville, IN 47132 For fiscal periods 2008 and beyond the recipient MUST submit a copy of the SF -SAC and a Single Audit Report Package,. using the Federal Audit Clearinghouse's Internet Data Entry System. Complete information on how to accomplish the 2008 and beyond Single Audit Submissions you vki11 need to visit the Federal Audit Clearinghouse Web.site: btto://harvester.census.aov/fac/ 14. Trafficking Victim Protection Act of 2000 To Implement requirements of Section 106 of the Trafficking Victims Protection Act of 2000, as amended, the following provisions apply to this award: e. We, as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity: (1) is determined to have violated an applicable prohibition in the Prohibition Statement below; or (2) has an employee who is determined by the agenoy.officiai authorized to terminate the award to have violated an applicable prohibition in the Prohibition Statement below through conduct that Is either: (a) associated with performance under this award; or (b) imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided In 2 CFR part 180, "OMB Guidelines to Agencies on Govemnientwide Debarment and Suspension (Nonprocurernent)," as implemented by our agency at 2 CFR part 1532. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition In the Prohibition Statement below. b. Our right to terminate unilaterally that is described in paragraph a of this award term: (1) implements section 106(g) ofithe Trafficking Victims Protection Act of 2000 (TVPA), as'amended (22 U.S.C. 7104(g)), and (2) is in addition to all other remedies for noncompliance that are available to us under this award. • c. You must include the requirements of the Prohibition Statement below In any sub -award you make to a private entity. Prohibition Statement - You as the recipient, your employees, subreciplents under this award, and subrecipients' employees may not engage in severe forms of trafficking In persons during the period of time that the award Is in effect; procure a commercial sex act during the period of time that the award Is in effect; or use forced labor In the performance of the award or subawards under the award. 15. Unliquldated Obligations (Interim) Pursuant to 40 CFR 31.41(b) and 31.50(b), EPA recipients shall submit an annual Federal Financial Report (SF-425) to EPA no later than 90 calendar days following the end of the reporting quarter. The following reporting period end dates shall be used for interim reports: 3/31, 6/30, 9/30, or 12/31. At the end of the project, the recipient must submit a final Federal Financial. Report to EPA no later than 90 calendar days after the end of the project period. The form Is available on the Internet at http://www.epa.00v/ocfo/flnservices/forms.htm . All FFRs must be submitted to the Las Vegas Finance Center: US EPA, LVFC, PO Box 98515, Las Vegas, NV 89193, or by Fax to: 702-798-2423. The LVFC will make adjustments, as necessary, to obligated funds after reviewing and accepting a final Federal Financial Report. Recipients will be notified and instructed by EPA If they must complete any additional forms for the closeout of the assistance agreement. EPA may.take enforcement actions in accordance with 40 CFR 31.43 if the recipient does not comply with this term and condition. 16. Historic Properties The recipient agrees to consult with the appropriate State Office in the identification and evaluation of any pre-1946 structures which may be impacted by scheduled project activities, or properties located adjacent to the activities areas. The recipient agrees to comply with efforts to -identify, evaluate and appropriately design project activities to avoid or minimize adverse, project impacts to any historic properties listed, or which. satisfy the criteria for eligibility for listing (38 CFR 60.4), in the National Register of Historic Places. 17. National Historic Preservation Act Prior to conducting or engaging in any on -site activity with the potential to Impact historic properties (such as Invasive sampling or cleanup), the grantee shall consult with EPA regarding potential applicability of the National Historic Preservation Act and, If applicable, shall assist EPA in complying with any requirements of the Act and implementing regulations. 18. Procurernent The cost of professional services contracts and/or small purchases procured in compliance with the minimum standards for' procurement under grants (see 40 CFR 31.38) are allowable costs for reimbursement with grant funds. No grant funds may • used to'reimburse the federal share of any procurement action(s) found to be in noncompliance with the grant procurement regulations. (Note: all project expenditures are deemed to inolude both the federal and nonfederal shares).. 'The recipient agrees to conduct all procurement actions under this assistance agreement in compliance with 40 CFR 31.36(b)-(k). The recipient may follow their own procurement procedure which may reflect compliance with applicable State and Local laws, regulations, ordinances, etc., provided that all procurement actions comply with the minimum standards for procurement under assistance agreements per 40 CFR 31.36. The recipient agrees to submit to EPA for pro-award.and/on post award review procurement documents Including, but not limited to: selection procedures, Invitations for bids, Independent cost estimates, requests for qualifications and/or proposals, evaluation methodology and results, memorandum of review or • negotiation, cost and/or price analysis, proposed contract documents (prior to execution), disadvantaged business enterprise. documentation, etc: Programmatic Conditions 2010 Brownfields Cleanup Terms and Conditions for Region 4 1. GENERAL FEDERAL REQUIREMENTS Note: These terms and conditions contain references to EPA financial assistance regulations at 40 CFR Parts 30 and 31. 40 CFR Part 30 is applicable to non -profit and educational institution recipients, and 40 CFR Part 31 is applicable to governmental recipients . . A. Federal Policy and Guidance 1. a. Cooperative Agreement Recipients: By awarding this cooperative agreement, EPA has approved the proposal the Cooperative Agreement - Recipient submitted in the :Fiscal Year 2010 competition for Brownfields cleanup cooperative agreements. However, the CAR may not expend ("draw down") funds to carry out this agreement until EPA's award official approves the final work plan. b. In implementing this agreement, the CAR shall ensure that work done with cooperative agreement funds complies with the requirements of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) 104(k). The CAR shall also ensure that cleanup activities supported with cooperative. agreement funding comply with all applicable Federal and State laws and regulations. The CAR must ensure cleanups are protective of human health and the environment., c. The CAR must consider whether they are required to conduct cleanups under a State or Tribal response program. If the CAR chooses not to participate in a State or Tribal response program, then the CAR is requiredto consult with the Environmental Protection Agency (EPA) to ensure the proposed cleanup is protective of. human health and the environment. d. If the CAR is not subject to a State or Tribal Response Program , then the CAR is strongly urged to consider joining such program . Regardless, the CAR is required to consult with the EPA and any applicable State /Tribal programs to. ensure the proposed cleanup is protective of human health and the environment . e. A term and condition or other legally binding provision shall be included in all agreements entered into with the funds, or when funds awarded under this agreement are used in combination with non -Federal sources of funds, to ensure that recipients comply with all applicable Federal and State laws and requirements. In/addition to CERCLA 104(k), Federal applicable laws and requirements include: f. The CAR agrees to comply with Executive Order 13202 (Feb. 22, 2001, 6.6 Fed. Reg. 11225) of February 17, 2001, entitled "Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects ," as: amended by. Executive Order 13208 (April 11, 2001, 66 Fed. Reg. 18717) of April 6, 2001, entitled "Amendment to Executive Order 13202, Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects .", g. The recipient must comply with federal cross -cutting requirements including; but not limited to, MBE/WBE requirements found at 40 CFR 33; OSHA Worker Health & Safety Standard 29 CFR 1910.120; the Uniform Relocation Act; National Historic Preservation Act; Endangered Species Act; and Permits required by Section 404 of the Clean Water Act; Executive Order 11246, Equal Employment Opportunity, and implementing regulations at 4.1 CFR 60-4; Contract Work Hours and Safety Standards Act, as amended (40 USC 327-333) the Anti Kickback Act (40 USC 276c) and Section 504 of the Rehabilitation Act of 1973 as implemented by Executive Orders 11914 and 11250. h. The CAR must comply with Davis -Bacon Act prevailing wages for all Construction, alteration and repair contracts and subcontracts awarded with EPA grant funds. For more detailed information on complying with Davis -Bacon please see the Davis- Bacon Addendum to these Terms and Conditions B. Changes to Sites and Cleanup Methods 1. a. The CAR must use funds provided by this agreement to clean up the brownfield site in the EPA approved work plan . Any changes to the boundaries of the site must be approved_ by EPA in a revised work plan . b. The CAR may not make substantial changes to the cleanup method described in the work plan without prior EPA approval . II. GENERAL COOPERATIVE AGREEMENT ADMINISTRATIVE REQUIREMENTS A. Term of the Agreement - 1. The term of this agreement is three years from the date of award , unless otherwise extended by EPA at the CAR's request. 2. If after 18 months from the date of award, EPA determines that the CAR has not,;: " made sufficient progress in implementing its cooperative agreement , EPA may terminate this agreement for material non-compliance with its terms. For purposes .of the Cleanup Grants, "sufficient progress in implementing a cooperative agreement" means that an appropriate remediation plan is in place , institutional control development, if necessary, has commenced, initial community involvement. -activities have taken place, relevant state or tribal pre -cleanup requirements are being addressed and a solicitation for remediation services has been issued . B. Substantial Involvement 1. The U.S. EPA may be substantially involved in overseeing and monitoring this cooperative agreement. a. Substantial involvement by the U.S. EPA generally includes administrative activities such as: monitoring;. review of project phases; and approval of substantive terms included in professional services contracts . b. " Substantial EPA involvement may include reviewing financial and program performance reports; and monitoring all reporting, record -keeping, and other program requirements. c. EPA may waive any of the provisions in term and -condition II .B.1., at its own initiative or upon request by the CAR . EPA will provide waivers in writing. 2. Effect of EPA's substantial involvement includes : a. EPA's review of any project phase , document, or cost incurred under this cooperative agreement, will not have any effect upon CERCLA § 128 Eligible Response Site determinations or for rights, authorities, and actions under CERCLA or any Federal statute . b. The CAR remains responsible for ensuring that all cleanups are protective of human health and the environment and comply with all applicable Federal and State laws. • c. The CAR remains responsible for ensuring costs are allowable under applicable OMB Circulars. 3. The CAR will provide project updates to the State Brownfields or Voluntary Cleanup Program. (VCP) contact on a regular basis. a. The CAR will make the State aware of all site -specific. sampling and/or clean up activities to be initiated (if applicable). b The CAR will provide the State an opportunity to review and comment on all technical reports, including QAPPs, sampling plans, ABCAs, cleanup plans, and other technical reports. C. Cooperative Agreement Recipient Roles and Responsibilities 1. .The CAR must acquire the services of a qualified environmental professional (s) to :coordinate, direct, and oversee the brownfields assessment and cleanup activities at a particular site, if they do not have such a professional on staff . 2. The CAR is responsible for ensuring that contractors and sub grant recipients comply with the terms of their agreements with the CAR , and that agreements between the CAR and sub grant recipients and contractors are consistent with the terms and conditions of this agreement. 3. Sub grants are defined at 40 CFR 31.3 and 40 CFR 30:2(f). The CAR may not sub grant to for -profit organizations. The CAR must obtain commercial services and products necessary to carry out this agreement under competitive procurement procedures as described in 40 CFR 31.36 or the Procurement Standards of 40 CFR Part 30, as applicable. In addition, EPA policy encourages awarding sub grants competitively and the CAR must consider awarding sub grants through competition . D. Quarterly Progress Reports 1. The CAR must report interim progress and any final accomplishments of its project to EPA. a. The CAR must submit property information via the on-line Assessment, Cleanup and Redevelopment Exchange System (ACRES) at the: (a) Award of the cooperative agreement, and (b) Completion of the cleanup as defined in Section IV .F.2., or (c) Close-out of the cooperative agreement, if cleanup completion is not able to be achieved. The CAR must submit the updatedproperty specific information within 30 days after the end of the Federal fiscal quarter in which the event occurred. The EPA Project Officer will provide the CAR with accessto the ACRES on-line reporting system. to perform the reporting requirements. The CAR must obtain approval from the EPA Project Officer before expending cooperative agreement funds to purchase adequate computer supplies to complete on-line reporting activities. b. The CAR must submit progress reports on a quarterly basis to the EPA Project Officer.. Quarterly progress reports must include: (a) Documentation of progress at meeting performance outcomes/outputs, project narrative, project time line and an explanation for any slippage in meeting established output/outcomes. (b) An update on project milestones. (c) A budget recaps summary page with the following headings : (A) Current Approved Budget; (B) Costs Incurred this Quarter; (C) Costs Incurred to Date; and (D) Total Remaining Funds. (d) If applicable, quarterly reports must provide separate accounting of costs incurred at hazardous substances brownfields sites and petroleum -only brownfields sites. c. Recipient quarterly reports must clearly identify which activities performed during the reporting period were undertaken with EPA funds , and must relate EPA -funded activities to the objectives and milestones agreed upon in the work plan including a list of sites where cleanup activities were completed . 2.. The CAR must maintain records that will enable it to report to EPA on the amount of funds expended on the specific properties under this cooperative agreement. 3. If applicable, the CAR must maintain records that will enable it to report to EPA on the amount of funds expended on petroleum properties addressed under this cooperative agreement. 4. In accordance with 40 C.F.R. §31.40 (d), the recipient agrees to inform EPA as soon as problems, delays or adverse conditions become known which will materially impair the ability to meet the outputs/outcomes specified in the approved assistance agreement work plan. E. Final Report 1. The CAR must submit a final report at the end of the period of performance in order to finalize the closeout of the grant. This final report must capture what work was performed at the site. It should also provide information that documents the outreach efforts done by the CAR and other activities that help explain where the funding was utilized. III. FINANCIAL ADMINISTRATION REQUIREMENTS A. Cost Share Requirement CERCLA-104(k)(9)(B)(iii) requires that the recipient of this cooperative agreement.pay a cost share (which may be in the form of a contribution of money , labor, material, or services froma non-federal source) of at least 20 percent (Le. 20 percent of the total federal funds awarded). The cost share contribution must be for costs that are eligible': and allowable under the cooperative agreement and must be supported by adequate documentation. B. Eligible Uses of the Funds for the Cooperative Agreement Recipient 1. To the extent allowable under the EPA -approved work plan, cooperative agreement . funds may be used for programmatic expenses necessary to clean up sites . Eligible programmatic expenses include activities described in Section IV of these terms and conditions. In addition, eligible programmatic expenses may include a. Ensuring cleanup activities at a particular site are authorized by CERCLA 104(k) and the EPA approved work plan ; b. Ensuring that a cleanup complies with applicable requirements under Federal and State laws, as required by CERCLA 104(k); c.. Using a portion of the grant to purchase environmental insurance for the remediation of the site. Funds may not be used to purchase insurance intended to provide coverage for any of the ineligible uses under Section III.C; d. Any other eligibleprogrammatic costs including direct costs incurred by the recipient in reporting to EPA; procuring and managing contracts;, awarding and managing sub grants to the extent allowable in III .C.2; and carrying out community involvement pertaining to the cleanup activities . Local Governments Only . No more than 10% of the funds awarded by this agreement may be used by the CARitself for monitoring of health and institutional controls. The CAR must maintain records on funds that will be used to carry out these tasks as identified in the EPA -approved work plan. C. Ineligible Uses of the Funds for the Cooperative Agreement Recipient 1. Cooperative agreement funds shall not be used by the CAR for any of the following activities: ' a. Pre -cleanup environmental assessment activities such as site • assessment, identification, and characterization with the exception of site monitoring activities that are reasonable and necessary during the cleanup process, including determination of the effectiveness of a cleanup; b. Monitoring and data collection necessary to apply for , or comply with, environmental permits under other federal and state laws , unless such a permit is required as a component of the cleanup action ; c. Construction, demolition, and development activities that are not cleanup. actions (e.g., marketing of property or construction of a new facility or addressing public or private drinking water supplies that have deteriorated through ordinary use); d. Job training unrelated to performing a specific cleanup at a site covered by the grant; e. To pay fora penalty or fine; f. To paya federal cost share requirement (for example, a cost -share required by another Federal grant) unless there is specific statutory authority; 'g. To pay for a response cost at a brownfields site for which the. recipient of the grant is potentially liable under CERCLA § 107; h. To pay a cost of compliance with any federal law, excluding the cost of compliance with laws applicable to the cleanup; and i. Unallowable costs (e.g., lobbying and fund raising) under applicable OMB Circulars. 2. Under CERCLA 104(k)(4)(B), administrative costs are prohibited costs under this agreement. Prohibited administrative costs include all indirect costs under applicable OMB Circulars incurred by the CAR. a. Ineligible administrative costs include costs incurred in the form of salaries, benefits, contractual costs, supplies; and data processing charges, incurred to comply with most provisions of the Uniform Administrative Requirements for Grants contained in 40 CFR Part 30 or 40 CFR Part 31. Direct costs for grant administration, with the exception of costs specifically identified as eligible programmatic costs , are ineligible even if the grant recipient is required to carry out the activity under the grant agreement. Costs incurred to report quarterly performance to EPA under the grant are eligible. b. Ineligible grant administration costs include direct costs for : (1) Preparation of applications for Brownfields grants; (2) Record retention required under 40 CFR 30.53 and 40 CFR 31.42;. (3) Record -keeping associated with supplies and equipment purchases required under 40 CFR 30.33, 30.34, and 30.35 and 40 CFR 31.32 and 31.33; (4) Preparing revisions and changes in the budgets , scopes of work; .. program plans and other activities required under 40 CFR 30.25 and 40 CFR 31.30; (5) Maintaining and operating financial management systems required under 40 CFR 30 and 40 CFR 31; (6) Preparing payment requests and handling payments under 40 CFR 30.22 and 40 CFR 31.21; (7) Non-federal audits required under 40 CFR 30.26, 40 CFR 31.26, and OMB Circular A-133; and (8) . Close out under 40 CFR 30.71 and 40 CFR 31.50. c. The CAR must not include management fees or similar charges in excess of the direct costs or at the rate provided for by the terms of the agreement negotiated with EPA. The term "management fees or similar charges" refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses , unforeseen liabilities, or for other similar costs that are not allowable under EPA assistance agreements. Management fess or similarcharges may not be used to improve or expand the project funded under this agreement, except to the extent authorized as a direct cost of carrying out the scope of work . D. Grant Recipient Eligibility 1. The CAR may only clean up sites itsolely owns. The CAR must retain ownership of the site throughout the period of performance of the grant . For the purposes of this agreement, the term"owns" means fee simple title unless EPA approves a different arrangement. E. Obligations for Grant Recipients Asserting a Limitation on Liability from CERCLA § 107 1. EPA awarded this cooperative agreement to the :CAR based on information indicating that the CAR would not use cooperative agreement funds to pay for a response cost at the site for which the CAR was potentially liable under CERCLA 107. If the CAR is not potentially liable based on its status as either.a Bona Fide Prospective Purchaser (BFPP), Contiguous Property Owner (CPO), or Innocent Land Owner. (ILO), the CAR must meet certain continuing obligations in order to maintain its status. If the CAR fails to meet these obligations , EPA may disallow the costs incurred under this cooperative agreement for cleaning up the site under CERLCA 104(k)(7)(C). These continuing obligations include: (1) Complying with any land use restrictions established .or relied on in connection with the response action at the vessel or facility and not impeding the effectiveness or integrity of institutional controls ; (2) Taking reasonable steps with respect to hazardous substance releases; (3) Providing full cooperation, assistance, and access to persons that are authorized to conduct response actions or natural resource restoration ; and. (4) Complying with information requests and administrative subpoenas and legally required notices (applies to the criteria for bona fide prospective purchasers and contiguous property owners). Notwithstanding the CAR's continuing obligations under this agreement , the CAR is subject to the applicable liability provisions of CERCLA governing its status as a BFPP, CPO, or ILO. CERCLA requires additional obligations to maintain the liability limitations for BFPP, CPO, and ILO; the relevant provisions for these obligations include §§ 101( 35), 101(40),.107(b), 107(q) and 107(r). • . F. Interest -Bearing Accounts and Program Income 1. Interest earned on advances are subject to the provisions of 40 CFR §31.21(i) and §30.22(I) relating to remitting interest on advances to EPA on a quarterly basis . 2. Any program income earned by the CAR will be added to the funds EPA has committed to this agreement and used only for eligible and allowable costs under the agreement as provided in 40 CFR 30.24(b)(1) or 40 CFR 31.25(g)(2), as applicable. IV. CLEANUP ENVIRONMENTAL REQUIREMENTS A. Authorized Cleanup Activities 1. The CAR shall prepare an analysis of brownfields cleanup alternatives or equivalent state brownfields program document which will include information about the site and contamination issues (i.e., exposure pathways, identification of 'contaminant sources, etc.); cleanup standards; applicable laws; alternatives • considered; and the proposed cleanup. The evaluation of alternatives must include effectiveness, implementabillty, and the cost of.the response proposed. The evaluation willinclude an analysis of reasonable alternatives including no action . The cleanup method chosen must be based on this analysis . 2. For cleanup of petroleum sites identified in the EPA -approved work plan, an analysis of cleanup alternatives must include considering a range of proven cleanup methods including identification of contaminant sources , exposure pathways., and an evaluation of corrective measures. The cleanup method chosen must be based on this analysis. 3. Prior to conducting or engaging in any on -site activity with the potential to impact historic properties (such as invasive sampling or cleanup), the CAR shall consult with EPA regarding potential applicability of the National Historic Preservation Act and, if applicable, shall assist EPA in complying with any requirements of the Act and implementing regulations. B. Quality Assurance (QA) Requirements 1. If environmental samples are to be collected as part of the brownfields cleanup (e.g., cleanup verification sampling, post -cleanup confirmation sampling), the CAR shall comply with 40 CFR Part 31.45 (or 40 CFR Part 30.54 requirements for nonprofit organizations) requirements to develop and implement quality assurance practices sufficient to produce data adequate to meet project objectives and to minimize data loss. State law may impose additional QA requirements . 2. QAPP: The CAR, or its service agent/contractor(s), must have an EPA approved. Quality Assurance Project Plan (QAPP) in place before beginning each property specific field' activity, funded wholly or in part by this, agreement, that includes sampling and analysis of environmental media . The CAR should allow EPA adequate time (generally 45 days) for review and approval. The QAPP should be consistent with the EPA Region 4 "Interim Generic & Site Specific Quality Assurance Project P/an Guidance for Brownfields Site Assessments and /or Cleanups,"February 2010, and later revisions. C. Community Relations and Public Involvement in Cleanup Activities 1. All cleanup activities require a site -specific community relations plan that includes providing reasonable notice, opportunity for involvement, response to comments, and administrative records that are available to the public. D. Administrative Record 1. The CAR shall establish an administrative record that contains the documents that form the basis for the selection of a cleanup plan . Documents in the administrative record shall include an analysis of reasonable alternatives including no action ; site investigation reports;•the cleanup plan; cleanup standards used; responses to public comments; and verification that shows that cleanup is complete . The CAR shall keep the administrative record available at a location convenient to the public and make it available for inspection . E. Implementation of Cleanup Activities 1. The CAR shall ensure the adequacy of each cleanup in protecting human health., and the environment as it is implemented . If changes to the expected cleanup are necessary based on public comment or other reasons , the CAR must consult with EPA and may not make substantial changes to the cleanup method described in the work plan without prior EPA approval . 2. If the CAR is unable or unwilling to complete the cleanup , the CAR shall ensure that the site is secure. The CAR shall notify the appropriate state agency and the U.S. EPA to ensure an orderly transition should additional activities become necessary . F. Completion of Cleanup Activities 1. The CAR shall ensure that the successful completion of a cleanup is properly documented. This must be done through a final report or letter from a qualified environmental professional, or other documentation provided by a State or Tribe that shows cleanup is complete. This documentation needs to be included as part of the administrative record. 2. For the purposes of these terms and conditions , contaminants are considered cleaned up when a "clean" or "no further action" letter (or its equivalent) has been issuedby the state or tribe under its voluntary response program (or its equivalent) for cleanup activities at the property; or the [cooperative agreement] recipient or. property owner, upon the recommendation of an environmental professional , has determined and documented that on -property work is finished and any needed institutional or engineering controls are in place and functional . On -going operation and maintenance activities or monitoring may continue after a "cleaned up" designation has been made. V. OTHER CLEANUP GRANT REQUIREMENTS A. Inclusion of Specie! Terms and Conditions in Cleanup Documents 1. The CAR shall meet the cleanup and other program requirements of the cleanup including: a. In accordance with 40 CFR 31.42 or 40 CFR 30.53, the CAR shall maintain records for minimum of three years following completion of the cleanup financed all or in part with cleanup grant funds Cooperative agreement recipients shall provide access to records relating to cleanups supported with cleanup grant funds to authorized representatives of the Federal government. The CAR has an ongoing obligation to advise EPA if assessed any ,penalties resulting from environmental non-compliance at.the site subject to this agreement: B. Conflict of Interest 1. The CAR shall establish and enforce conflict of interest provisions that prevent the award of sub grants that create real or apparent personal conflicts of interest or the appearance of the CAR's lack of impartiality. Such situations include, but are not limited to, situations in which an employee, official, consultant, contractor, or other .individual associated with the CAR (affected parry) approves or administers a sub grant to a sub grant recipient in which the affected party has a financial or other . interest. Such a conflict of interest or appearance of lack of impartiality may arise when: (i) The affected party, (ii) Any member of his immediate family, (iii) His or her partner, or (iv) An organization which employs, or is about to employ, any of the above, has a financial or other interest in the sub grant recipient . Affectedemployees will neither solicit nor accept gratuities , favors, or anything of monetary value from sub grant recipients. Recipients may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. To the.extent permitted by State or local law or regulations, such standards of conduct will provide for penalties , sanctions, or other disciplinary actions for violations of such standards by affected parties . VI. PAYMENT AND CLOSEOUT ' For the purposes of these terms and conditions , the following definitions apply: "payment" is the U.S. EPA's transfer of funds to the CAR; "close out" refers to the process that the U.S. EPA follows to ensure that all administrative actions and work required under the cooperative agreement have been completed . A. Payment Schedule 1. If the approved budget forr the project includes a substantial amount of construction costs, EPA will pay the CAR on a reimbursement basis. The CAR must submit documentation of obligations and expenses incurred under the agreement to.EPA's project officer for approval prior to obtaining payment from EPA under the Electronic Funds Transfer (EFT) or Automated Standard Application for Payments (ASAP) system. B. Schedule for Closeout <1. Closeout will be conducted in accordance with 40 CFR 31.50 or 40 CFR 30.71 following expiration of the term of the agreement or expenditure of the funds awarded and completion of the activities described by the EPA -approved work plan. 2. The CAR, within 90 days afterthe expiration or termination of the grant , must submit all financial, performance, and other reports required as a condition of the grant . a. The CAR must submit the following documentation : 1. The Final Report as described in II .E. 2. A Final Federal Financial Report (FFR-- SF425) to: U.S. EPA Las Vegas Finance Center P.O. Box 98515 Las Vegas, NV 89193-8515 Fax: (702) 798-2423 http://www,epa.gov/ocfo/finservices/payinfo.html Link to form: http://www.epa:gov/ogd/forms/adobe/SF425.pdf 3. A Final MBE/WBE Report (EPA Form 5700-52A) to the regional office. The form can be accessed at: http://www.epa.gov/oqd/forms/adobe/5700 52a sec.pdf b. The CAR must ensure that all appropriate data has been entered into ACRES . c. The grantee must immediately refund to the Federal agency any balance of unobligated (unencumbered) cash advanced that is not authorized to be retained for use on other grants . Davis Bacon Term and Condition for Petroleum Cleanup Grants to Governmental Entities DAVIS BACON PREVAILING WAGE TERM AND CONDITION The following terms and conditions specify how Recipients will assist EPA in meeting its Davis Bacon (DB) responsibilities when DB applies to EPA awards of financial. assistance under the Recovery Actor any other statute which makes DB applicable to EPA financial assistance. If a Recipient has questions regarding when DB-applies , obtaining the correct DB wage determinations , DB contract provisions, or DB compliance monitoring, they should contact the Regional Brownfields Coordinator or Project Officer for guidance. 1. Applicability of the Davis Bacon Prevailing Wage Requirements After consultation with DOL, EPA hasdetermined that for Brownfields grants: -.for cleanups of sites contaminated with. petroleum, DB prevailing wage requirement apply when the project includes:. (a) Installing piping to connect households or businesses to public water systems or replacing public water system supply well (s) and associated piping due to groundwater contamination, (b) Soil excavation/replacement when undertaken in conjunction with the • installation of public water lines/wells described above, or (c) Soil excavation/replacement, tank removal, and restoring the area by paving or pouring concrete when the soil excavation/replacement occurs in conjunction with both tank removal and paving or concrete replacement . In the above circumstances, all the laborers and mechanics employed by contractors and subcontractors will be covered by the DB requirements for all construction work performed onthe site. Other petroleum site cleanup activities such as in situ remediation, and soil excavation/replacement and tank removal when not in conjunction with paving or concrete replacement, will normally not trigger DB requirements. However, if the Recipient encounters a unique situation at a site (e.g. unusually extensive excavation, construction of permanent facilities to house in situ remediation systems; reconstruction of roadways) that presents uncertainties regarding DB applicability, the Recipient must discuss the situation with EPA before authorizing work on that site. 2. Obtaining Wage Determinations (a) Unless otherwise instructed by EPA on a project specific basis , the Recipient shall use the following DOL General Wage Classifications for the locality in. which the construction activity subject to DB will take place . Recipients must 'obtain wage determinations for specific localities at www.wdol.gov. (i) When soliciting competitive contracts, awarding new contracts or issuing task orders, work assignments or similar instruments to existing contractors (ordering instruments) for installing piping to connect households or businesses to public water systems or replacing public water system supply well (s) and associated piping, including soil excavation/replacement, the Recipients shall use the "Heavy Construction" Classification. (ii) When soliciting competitive contracts, awarding new contracts, or issuing ordering instruments for soil excavation /replacement; tank removal, end restoring the area by paving or pouring concrete when the soil excavation/replacement occurs in conjunction with both.tank removal and paving or concrete replacement at current or former service station sites, hospitals, fire stations, industrial or freight terminal facilities, or other sites that are associated with a facility that is not used solely for the underground storage of fuel or other contaminant the. Recipient shall use the "Building Construction" classification. (ili) When soliciting competitive contracts, awarding new contracts or issuing ordering instruments for soil excavation /replacement, tank removal, and restoring the area by paving or pouring concrete when the soil excavation/replacement occurs in conjunction w,ith both tank removal and paving or concrete replacement at a facility that is used solely for the underground storage of fuel or other contaminant the Recipient shall use the "Heavy Construction" classification. Note: Recipients must discuss unique situations that may not be covered by the General Wage Classifications described above with EPA . If, based on discussions with a Recipient, EPA determines that DB applies to a unique situation (e.g. unusually extensive excavation) the Agency will advise the Recipient which General. Wage_ Classification to use based on the nature of theconstruction activity at the site. (b) Recipients shall obtain the wage determination for the locality in which a Brownfields cleanup activity subject to DB will take place priorto issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation) for activities subject to DB. These wage determinations shall be incorporated into solicitations and any subsequent contracts . Prime contracts must contain a provision requiring that subcontractors follow the wage determination incorporated into the prime contract. (i) While the solicitation remains open , the Recipient shall monitor www.wdol.gov. on a weekly basis to ensure that the wage determination contained in the solicitation remains current. The Recipient shall amend the Solicitation if DOL issues a modification more than 10 days prior to the closing date (i.e. bid opening) for the solicitation. If DOL modifies or supersedes the applicable wage determination Tess than 10 days prior to the closing date, the Recipient may request a finding from EPA that there is not a reasonable time to notify interested contractors of the modification of the wage determination . EPA will provide a report of the Agency's finding to the Recipient . (ii) If the. Recipient does not award the contract within 90.days of the closure of the solicitation, any modifications or supersedes DOL makes to the wage determination contained in the solicitation shall be effective unless EPA , at .the request of the Recipient, obtains an extension of the 90 day period from DOL pursuant to 29 CFR 1.6(c)(3)(iv). The Recipient shall monitor www.wdol.gov on a weekly basis if it does not award the contract within' 90 days of closure of the solicitation to ensure that wage determinations contained in the solicitation remain current . (iii) If the Recipient carries out Brownfields cleanup activity subject to DB by issuing a task order, work assignment or similar instrument to an existing contractor (ordering instrument) rather than by publishing a solicitation, the Recipient shall insert . the appropriate DOL wage determination from www.wdol.gov into the ordering instrument. (c) Recipients shall review all subcontracts subject to DB entered into by prime contractors to verify that the prime contractor has required its subcontractors to include the applicable wage determinations. (d). As provided in29 CFR 1.6(f), DOL may issue a revised wage determination applicable to a Recipient's contract after the award of a contract or the issuance of ari ordering instrument if DOL determines that the Recipient has failed to incorporate a wage determination or has used a wage determination that clearly does not apply to the contractor ordering instrument. If this occurs, the Recipient shall either terminate the contract or orderinginstrument and issue a revised solicitation or ordering instrument or incorporate DOL's wage determination retroactive to the :beginning of the contract or ordering instrument by change order. The Recipient's contractor must be compensated for any increasesin wages resulting from the use of DOL's revised wage determination 3. Contract and Subcontract Provisions (a) The Recipient shall insert in full in any contract in excess of $2,000 which is entered intofor the actual construction, alteration and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency.or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to DB, the following labor standards provisions. - (1) Minimum wages. (i). All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week , and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3) ), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the applicable wage determination of the Secretary of Labor which the Recipient obtained under the . procedures specified in Item 2, above, and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics , subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period , are deemed to be constructively made or incurred during such weekly period . Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for tha. classification of work actually performed , without regard to skill, except as provided: in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed . The wage determination (including any additional classification and.wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers . Recipients shall require that the contractor and subcontractors include the name of the Recipient employee or official. responsible for monitoring compliance with DB on the poster. (ii)(A) The Recipient, on behalf of EPA, shall require that contracts and subcontracts entered into under this agreement provide that any class of laborers or mechanics , including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with, the wage determination. The EPA Award Official shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met : (1) The work to be performed by the classification requested is not performed by a classification in the wage determination ;.and (2) The classification is utilized in the area by the construction industry ; and (3) The proposed wage rate, including any bona fide fringe benefits , bears a reasonable relationship to the wage rates contained in the wage determination . (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Recipient agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate ), a report of the action taken shall be sent by the Recipient to the EPA Award Official The Award Official will transmit the report, to the Administrator of the Wage and Hour Division, Employment Standards Administration , U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the award official or will notify the award official within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives , and the Recipient do not agreeon the proposed classification and wage rate (including the amount designated for fringe benefits , where appropriate), the award official shall refer the questions, including the views of all interested parties and the recommendation of the award official , to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the Award Official within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined. pursuant to paragraphs (a)(1)(ii)(B) or (C) of this section, shall be paid to all workers performing. work in the classification under this contract from the first day on which work is performed in the classification. (iii).Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof . (iv) If the contractor does not make -payments to a trustee or other third person , the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found , upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program . (1) Withholding. The Recipient, upon written request of the Award Official or an authorized representative of the Department of Labor , shall withhold or cause to withhold from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract . In the event of failure to pay any laborer or mechanic, including any apprentice., trainee, or helper, employed or working on the site of the work all or part of the wages required by the contract, EPA may, after written notice to the contractor, or Recipient take such action as may be necessary to cause the suspension of any further payment , advance, or guarantee of funds until such violations have ceased : (2) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by, the contractor during the course of the work and preserved for a period of three years •thereafter for all laborers and mechanics working at the site of the work . 'Such records shall contain the name, address, and social security number of each such worker, his,or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid . Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is. enforceable, that the plan or program is financially responsible , and that the plan.or • program has been communicated in writing to the laborers or mechanics affected , and records which show the costs anticipated.or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees., and the.ratios and wage rates: prescribed in the applicable programs (ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Recipient who will maintain the records on behalf of EPA. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and,home addresses shall not be included on weekly transmittals . • Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may besubmitted in any form desired . Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Recipient for transmissionto the EPA, if requested by EPA, the contractor, or the Wage and Hour Division of .the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements . It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records , without weekly submission to the Recipient. (B) Each payroll submitted to the Recipient shall be accompanied by a "Statement o Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii) of Regulations, 29 CFR Part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR Part 5, and that such information is correct and complete ; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned , other than permissible deductions as set forth in Regulations ,.29 CFR• Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed , as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall'satisfy the requirement for submission of the "Statement of. Compliance" required by paragraph. (a)(3)(ii)(B) of this section. (D) The falsification of any of the'above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 .of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection , copying, or transcription by authorized representatives of the EPA or the Department of Labor', and shall permit such • representatives to interview employees during working hours on the job . If the' contractor or subcontractor fails to submit the required records or to make them available, EPA may, after written notice to the contractor, Recipient,sponsor, applicant, or owner, take such action as may be necessary_ to,cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and Trainees (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the' U .S. Department of Labor, Employment and Training Administration , Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program , who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice . The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed .on a payroll at an apprentice wage rate , who is not registered or otherwise employed as stated above , shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not Tess than the applicable wage rate on the wage determination for the work actually performed . Where a contractor is performing construction on a project in a locality other than that in which its. program :is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice 's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program . If the apprenticeship program does not, specify fringe benefits, apprentices must be paid the full amount of fringe benefiteIisted. on the wage determination for the applicable classification . If the Administrator determines that a different practice prevails for the applicable apprentice classification , fringes shall be paid in accordance with that determination . In the event the Office of Apprenticeship Training , Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program , the contractor will no longer be permitted to utilize apprentices at less than the applicabl.e predetermined rate for the work performed until an acceptable program is approved . (ii) Trainees. Except as.provided in 29 CFR 5.16, trainees will not be permitted to work at Tess than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval , evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the. approved program for the trainee's level of progress, expressed as a percentage of the • journeyman hourly rate specified in the applicable wage determination . Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program . if the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage • and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices . Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed . In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not Tess than the applicable wage rate on the wage determination for the work actually performed . In the event the Employment and Training Administration withdraws approval of a training program , the contractor will no longer be permittedto utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved . (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shallbe in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. (5) Compliance with Copeland Act requirements. The.contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shaft insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the EPA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lowertier subcontracts . The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in this term and condition . (7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract , and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act requirements . All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in, this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors), the Recipient, borrower or subgrantee and EPA, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this contract, the contractor certifies -that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Actor 29 CFR 5.12(a)(1). (ii) No part of this.contract shall be subcontracted to any person or firm ineligible .for ' award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U ,S. Criminal Code, 18 U.S.C. 1001. 4. Contract Provisions for Contracts in Excess of $100,000 (a) Contract Work Hours and Safety Standards Act. The Recipient shall insert the following clauses set forth in paragraphs (a)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act . These clauses shall be inserted In addition to the clauses required by Item 3, above or 29 CFR 4.6. Asused in this paragraph, the terms laborers and mechanics include watchmen and guards . • (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at -a rate not Tess than one and one-half times the basic rate of pay for all hours worked :in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (a)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages . In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory , to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed. with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (a)(1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (a)(1) of this section. (3) Withholding for unpaid wages and liquidated damages . The Recipient, upon.written request of the Award Official or an authorized representative of the Department of Labor, shall withhold or cause to withhold from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal 'contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act , which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (a)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (a)(1) through (4) of this section and also'a clause requiring the subcontractors to include these clauses in any lower tier subcontracts . The prime contractor shall be responsiblefor compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a)(1) through (4) of this section. (b) In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the Recipient shall insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them fora period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications , hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Recipient shall insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection , copying, or transcription by authorized representatives of the (write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job 5. Compliance Verification l (a) The Recipient shall periodically interview a sufficient number of employees entitled to DB prevailing wages (covered employees) to verify that contractors or subcontractors are paying the appropriate wage rates . As provided in 29 CFR 5.6(a)(6), all interviews must be conducted in confidence . The Recipient must use Standard Form 1445 or equivalent documentation to memorialize the interviews . Copies of the SF 1445 are available from EPA on request. (b) The Recipient shall establish and follow an interview schedule based on its assessment of the risks of noncompliance with DB posed by contractors or • subcontractors and the duration of the contract or subcontract. At a minimum, the Recipient must conduct interviews with a representative group of covered employees within two weeks of each contractor or subcontractor's submission of its initial weekly payroll data and two weeks prior to the estimated completion date for the contract or subcontract. Recipients must.conduct more frequent interviews if the initial interviews or other information indicates that there is a risk that the contractor or subcontractor is not complying with DB. Recipients shall immediately conduct necessary interviews in response to an alleged violation of the prevailing wage requirements . All interviews shallbe conducted in confidence. (c) The Recipient shall periodically conduct spot checks of a representative sample of weekly payroll data to verify that contractors or subcontractors are paying the appropriate wage rates. The Recipient shall establish and follow a spot check schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract . At a minimum, the Recipient must spot check payroll data within two weeks of each contractor or subcontractor's submission of its initial payroll data and two weeks prior to the completion date the contractor subcontract . Recipients must conduct more frequent " spot checks if .the initial spot check or other information indicates that there is a risk that the contractor or subcontractor is not complying with DB . In addition, during the examinations the Recipient shall verify evidence of fringe benefit plans and payments thereunder by contractors and subcontractors who claim credit for fringe benefit contributions. (d) The Recipient shall periodically review contractors and subcontractors use of apprentices and trainees to verify registration and certification with respect to apprenticeship and training programs approved by either the U .S Department of Labor or a state, as appropriate, and that contractors and subcontractors are not using disproportionate numbers of, laborers, trainees and apprentices. These reviews shall