Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
08/19/2014 05E Gleed & WTP Diversion Consolidation Feasibility Study Grant Agreement with Bonneville Power Administration
BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.E. For Meeting of: August 19, 2014 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ITEM TITLE: SUBMITTED BY: SUMMARY EXPLANATION: Resolution authorizing execution of an agreement with the United States Government and Bonneville Power Administration ("BPA") for a grant of $68,009 for a Feasibility study to determine if consolidating the Gleed Irrigation Diversion at the City Water Treatment Intake on the Naches River is possible David Brown, Water/Irrigation Manager, 509-575-6204 Debbie Cook, Utilities and Engineering Director During some long duration high flow events in 2010 and 2011 in the Naches River near the Water Treatment Plant the river started moving away from the Intake. In 2012 we contracted with Golder Associates to help find a solution. That project has progressed to a final draft design. We are convening a final Technical Advisory Group (TAG) to look at the design. The TAG has members from the organizations that would be involved in permitting, Washington Department of Fish and Wildlife (DFW), Bureau Of Reclamation (BOR), National Ocean and Atmospheric Administration (NOAA), Yakima County Flood Control Zone District (FCZD), and some interested organizations Yakama Nation, North Yakima Conservation District. Earlier this year we received a $250,000 grant from the Department of Ecology to implement phase 1 of the construction to move the river back toward the intake. The Bonneville Power Administration (BPA) and the Gleed Irrigation District joined in the discussions to see if it was possible to combine diversions. BPA if funding some improvements to the Gleed diversion and asked the question "Would it make since to combine diversions at Yakima?". It was determined by the group that it would be best for all entities and for the environment of they could be combined. However we don't know if it would work. The BPA is offering a grant of $68,009 to have the consultant Golder Associated perform a feasibility study to determine if the project is viable. This is the grant Contract with BPA to fund the feasibility study to be conducted by Golder Associates. Resolution: X Ordinance: Other (Specify): Contract: X Start Date: August 22, 2014 Item Budgeted: NA Funding Source/Fiscal Impact: Strategic Priority: Improve the Built Environment Insurance Required? No Mail to: Mrs. Khanida P. Mote, C.P.M., BPA, Supply Chain Sourcing Services (NSSP-4), PO Box 3621, Portland, OR 97208 Phone: Contract Term: End Date: Unpon Completion Amount: $68.009 This is a grant from BPA APPROVED FOR SUBMITTAL: RECOMMENDATION: Accept Grant City Manager ATTACHMENTS: Description Upload Date ❑ Resolution .7/14/2014 ❑ Contract .7/14/2014 Type R&SOOlUtiion Contract A RESOLUTION RESOLUTION NO. R -2014 - authorizing the City Manager to execute an Agreement between the United States Government, Bonneville Power Administration ("BPA") and City of Yakima for a grant of $68,009 for Feasibility study to determine if consolidating the City' the City Water Treatment Intake Project on the Naches River. WHEREAS, the City of Yakima own and operates a water treatment plant on the Naches River in accord with applicable Federal, State and Local regulations; and WHEREAS, changes in the Naches River bed are lessening the reliability of the City Water Treatment Plant intake; and WHEREAS, changes in the Naches River bed are lessening the reliability and safe operation of the Gleed Irrigation intake: and WHEREAS, the City is designing an environmentally beneficial project for stabilizing the Naches River near the water treatment plant intake; and WHEREAS, discussions with BPA, Washington Department Fish and Wildlife, Yakima County Flood Control Zone District, Bureau of Reclamation and Gleed Irrigation have determined is would be in the best interest of the concerned entities and the environment if the diversions could be consolidated, and WHEREAS, the BPA provided the City of Yakima a $68,009 grant to have Golder Associates complete a feasibility study to determine if the consolidation is possible, a copy of Grant Contract (1992-009-00 EXP GLEED — CONSOLIDATION FEASIBILITY REVIEW) is attached hereto and incorporated herein by this reference; and WHEREAS, the City Council finds and determines that approval of such Grant Agreement is in the best interests of residents of the City of Yakima and will promote the general health, safety and welfare; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute and administer the Grant Agreement with the BPA, which agreement is referenced above and incorporated herein by reference, and to execute and administer all applicable documents and agreements pursuant to such grant from the BPA. ADOPTED BY THE CITY COUNCIL this 19th day of August, 2014 Micah Cawley, Mayor ATTEST: City Clerk UNITED STATES INTERGOVERNMENTAL CONTRACT GOVERNMENT Mail Invoice To: fwinvoices@bpa.gov F & W Invoices - KEWB-4 P. O. Box 3621 Portland OR 97208-3621 Contract : 00065925 Release Page : 1 Vendor: CITY OF YAKIMA FINANCE DEPT 129 N 2ND STREET YAKIMA WA 98901 Attn: Please Direct Inquiries to: KHANIDA P. MOTE Title: CONTRACT SPECIALIST Phone: 503-230-4599 Fax : 503-230-4508 Contract Title: 1992-009-00 EXP GLEED - CONSOLIDATION FEASIBILITY REVIEW Total Value : $68,009.00 Pricing Method: COST, NO FEE Performance Period: 08/01/14 — 03/31/15 Contractor Signature Printed Name/Title Date Signed ** NOT TO EXCEED ** Payment Terms: ?, Days Net 30 Digitally signed by Khanida P. Mote DN: cn=Khanida P. Mote, o=NSSP-4, ou=BPA-Supply Chain Svs, email=kpmote@bpa.gov, c=US Date: 2014.07.10 08:18:52 -07'00' BPA Contracting Officer Date Signed This award contains the following - TEXT ATTACHED INTERGOVERNMENTAL CONTRACT BONNEVILLE Power Administration Intergovernmental Contract (IGC) No. 65925, Project No. 1992-009-00, Exp Gleed — Consolidation Feasibility Review BPA CO — Khanida P. Mote; kpmote(abpa.gov; Phone: 503-230-4599; Fax: 4508 BPA COTR — Jay G. Marcotte; Email: jgmarcotte@bpa.gov; Phone: 503-230-3943 (BPA) DUNS No. 043003334 BPA Federal Customer Treasury Fund Account Symbol: 89X4045 BPA Agency Location Code: 89001401 BPA Tax ID: 93-0334712 (a) Effective from 01 August 2014 thru 31 March 2015, this Cost -Reimbursement IGC is hereby issued and consists of the following documents: (1) Signature page. (2) Pages 2 and 3. (3) Terms and Conditions. (4) Statement of Work. (5) Budget. (6) The Dept. of Labor, Service Contract Act, Wage Determination No. 2005-2569, Revision No. 15, Date of Revision: 06/19/2013. (7) This IGC is subject to the Office of Management and Budget (OMB), Circular A-87 (2 CFR Part 225), Cost Principles for State, Local and Indian Tribal Governments, which is hereby incorporated by reference and made part of this contract. (b) Budget and Performance Period is from 01 August 2014 thru 31 March 2015. (c) Approved Award amount for above performance period is not to exceed $68,009.00. (d) Please email invoices to fwinvoices a,bpa.gov. All invoices should be submitted in PDF format. Please put the following information in the email subject line: entity/contract number/invoice performance period/invoice #invoice amt. when e -mailing future invoices. A separate email is required for each invoice. While email is preferred, contractors may mail invoices with above IGC # to: Bonneville Power Administration Attn: Fish & Wildlife Invoices / KEWB-4 PO Box 3621 Portland, OR 97208-3621 fwinvoicesralbpa.gov IGC No. 65925 Page 2 BONNEVILLE Power Administration (e) FISMA Federal Information Security and Management Act (FISMA) Compliance: BPA information, data and information systems will be protected as directed by BPA. The applicability of Clause 17-20, Information Assurance, will be determined prior to award. If FISMA applies, the data, information, or information system will be rated in accordance with FIPS 199 Standards for Security Categorization of Federal Information and Information Systems. The rating (Iow, moderate or high) will determine the compliance standards to be applied and incorporated in the Task Order Statement of Work. 1. A low risk designation requires the vendor to protect BPA data using the NIST 800-53rev4 Security and Privacy Controls for Federal Information Systems and Organizations for a low rated system. The vendor will be required to provide annual attestation of protection of BPA information in their IT infrastructure against the NIST 800-53rev4 security control catalog. Attestations can be in the form of a formal memorandum, letter, or email to the Contracting Officer. Attestations must be provided annually if the task order performance period exceeds one year. 2. A moderate or high designation requires the vendor to provide protection of BPA data using the security controls as outlined in NIST 800-53rev4 or the IS027001:2005 security controls. This protection must be verified through an annual independent 3rd party audit against NIST 800-53rev4 or the IS027001:2005 security controls. The third -party audit must be provided annually if the task order performance period exceeds one year. The federal government program Federal Risk and Authorization Management Program (FedRAMP) provides a list of auditing organizations that have been certified to conduct these audits. The vendor is not required to use an auditor off the FedRAMP list. The list is mentioned as information only. The contractor will provide BPA with a date that they expect to have the audit performed and when BPA will receive the final report of the results of the audit. BPA will reserve the right to negotiate the timelines in the interest of protecting sensitive information. IGC No. 65925 Page 3 TABLE OF CONTENTS UNIT 1 - SCHEDULE 5 CONTRACT TYPE (7-1) PROJECT RENEWAL (IGC'S) (7-51) LIMITATION ON TRAVEL COSTS (22-50) UNIT 2 - CONTRACT CLAUSES IPAYID\ IIEIIE,Ir101N""Ef" AlrOiIID TA .IIE,'��a PAYMENTS IN ARREARS (25-50) CONTRACT CEILING LIMITATION (22-7) INDIRECT COST RATES WITH CARRY FORWARD (22-19) G IENNIIE0E,IR.AIII CON TRACT ADO \ IIIINIIISTRA""Ef"III°IN CONTRACT ADMINISTRATION REPRESENTATIVES (14-2) STOP WORK ORDER (14-14) PRINTING (6-2) REPORTING REQUIREMENTS (25-1)(M) CHANGES (25-4) CHANGES - COST -REIMBURSEMENT (14-9) INFORMATION ASSURANCE (17-20) PUBLICATION/PRESENTATIONS (25-8) ENDANGERED SPECIES ACT REQUIREMENTS (25-9) STAN D A R.IIE' S OF CCI I° UC TT. N D 113 IIIN ESS IP RA C, irIIIcIESFE ORGANIZATIONAL CONFLICTS OF INTEREST (3-2) CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING (3-4) SCCIIIC'CCIIIC ISS ES RESTRICTION ON CERTAIN FOREIGN PURCHASES (9-8) NONDISCRIMINATION AND AFFIRMATIVE ACTION (10-1) EMPLOYMENT PRACTICES (10-2) IEINVIII ORONO IEJI "ir & SAFETY CONTRACTOR SAFETY AND HEALTH (15-12) ON FEOF ' IIE;EC 1110 IIS AN OD r\A R. "lr'Y INSPECTION - SERVICES AND CONSTRUCTION (18-4) ..Ef'1FllATM TERMINATION FOR THE CONVENIENCE OF BPA (20-2) TERMINATION BY MUTUAL CONSENT (25-13) E'III FEIIF EI TES SFE DISPUTES (21-2) APPLICABLE LAW (21-5) UNIT 3 - STATEMENT OF WORK AND BUDGET 5 5 5 6 6 6 10 11 11 11 11 11 12 12 12 13 14 14 14 14 14 15 15 16 16 1 6 16 18 18 18 18 19 19 19 20 IGC 65925 Terms & Conditions Page 4 UNIT 1 - SCHEDULE CONTRACT TYPE (7-1) (SEP 98)(BPI 7.10) This is a nte rg;c f a`^ f l we int) Ursement type contract. PROJECT RENEWAL (IGC'S) (7-51) (SEP 98) This Project may be incrementally funded on an annual basis subject to BPA's favorable determination of the following: (1) Availability of adequate funds fo r 43 nv/11 n rinen t, Bali 8, \NII(11 .if (2) Required reports were submitted and contained required data. (3) ram Results demonstrate progress towards project goals was equal to or greater than established by the Intergovernmental Contract. (4) The next year's work statement has been approved by BPA. (5) The annual formal presentation of the project status, if required, has been completed on a timely basis; and BPA desires to continue the project. LIMITATION ON TRAVEL COSTS (22-50) (SEP 10) Costs incurred for lodging, meals, and incidental expenses shall be reimbursed on an actual cost basis to the extent that they do not exceed, on a daily basis, the per diem rates in effect at the time of travel as set forth in the Federal Travel Regulation, prescribed by the General Services Administration, for travel in the conterminous 48 United States. Per Diem shall be authorized for travel in excess of 12 hours and shall not exceed 75% of the daily rate for the first and last day of official travel. Lodging and other expenses exceeding $75.00 must be supported with receipts, which shall be submitted with the request for payment. Airline costs will be reimbursed on an actual cost basis to the extent determined reasonable and allocable under Part 13 of the Bonneville Purchasing Instructions. Generally, airline costs will be limited to coach or economy class. Any variation from these requirements must be approved by the Contracting Officer. Contractors may request a letter from the Contracting Officer, authorizing access to an airline, lodging, or other rates negotiated for government travel to the extent such authorization is honored by the service providers. Per Diem rates are available at: http://www.gsaegov/portal/category/21287 The Federal Travel Regulations are available at: http://www.gsa.gov/portal/content/102886 IGC 65925 Terms & Conditions Page 5 UNIT 2 - CONTRACT CLAUSES IPAOE NT AN IOD "TA. PAYMENTS IN ARREARS (25-50) (JUN 09) (a) The contractor shall submit proper invoices on a monthly basis in arrears to: Bonneville Power Administration (Program Analyst-KEWB-4) PO Box 3621 Portland OR 97208-3621 fwinvoices(cr�,bpaegov A proper invoice must include all of the following information: 1) Name of contractor (must reasonably match the name on the contract); 2) Contractor address (only when not set up as Electronic Funds Transfer); 3) Invoice date; 4) BPA contract number; 5) Contractor invoice number (must be a number unique to the contractor and not used on any other invoice with BPA); 6) Invoice Performance Period (e.g., "For work actually performed during the period of June 1 through June 30, 2003"). If the invoice performance period covers more than one budget period or BPA fiscal year, the contractor must provide a sub -total of the costs attributable to each budget period or fiscal year. For example, work performed prior to September 30 should be sub -totaled separately from work performed after September 30); 7) Shipping terms, if applicable (i.e., FOB Destination); 8) Contact name, title and telephone number; 9) For fixed price contracts: Description (including, for example, contract line/sub-line number), price, and quantity of goods and services rendered; 10) For cost reimbursement contracts: Documentation required under section (b), below. (b) For Cost Reimbursement Contracts, the contractor will provide a summary of the approved budget by line item for the current budget year and provide cumulative expenditures, for the current contract period, by line item to date. The categories below are the minimum level of documentation required for each line item. IGC 65925 Terms & Conditions Page 6 Line Item Description Minimum Documentation Required **See note below for exceptions Documentation NOT Required **See note below for exceptions Salaries — direct labor only A list, by position title and/or name, showing units of time and pay rate in the same units used in the contract's budget. For example, this could be hours worked multiplied by hourly rate, or in a monthly salary unit. This must be consistent with the labor categories shown in the awarded budget. On a quarterly basis, the COTR may request individual employee names as a "spot-check" to verify the specific individuals whose time is being charged to the contract. Individual invoice approvals shall not be delayed during this "spot-check" and any adjustments, if necessary, shall be made in future payments. Individual time sheets and employee names. Salary Fringes Must be stated at the same rates in the approved indirect rate agreement. Detailed information supporting fringe benefit amounts, such as insurance policies, etc. Travel and transportation (including per diem) Copy of the summary page of the travel voucher or other document(s) that was used to reimburse the person that traveled. List purpose of travel, destinations, and dates if not on the summary page. A single summary page, rather than individual copies of travel vouchers, is required when more than 5 people traveled during the invoice period. Airline ticket receipts, hotel receipts, meal receipts, etc. Vehicles For GSA vehicles identify the cost per month. Do not bill for costs such as new tires, repairs, etc., since these costs are included in the GSA rental cost. Very limited, legitimate non-GSA covered costs may be allowed. Privately Owned Vehicles (POVs) must show costs in miles multiplied by rate. POVs do not receive additional reimbursement for repairs, and maintenance costs. Copies of receipts, gas bills, etc. Training/Tuition Description of the training received, who received the training, dates of the training, and cost of the training. Level of detail must be adequate to determine whether it is allowable under the F&W Contract Management Manual. Conference registration receipts, payment vouchers, etc. IGC 65925 Terms & Conditions Page 7 Line Item Description Minimum Documentation Required **See note below for exceptions Documentation NOT Required **See note below for exceptions Equipment and materials greater than $10,000 per item (non expendable) Itemized description of the equipment, date of purchase, purchase cost, model number, and serial number. Copies of receipts, freight bills, etc. Equipment less than $10,000 but more than $1000 per item Itemized list of equipment with year purchased. Copies of receipts, freight bills, etc. Miscellaneous Supplies and Equipment under $1000 per item Summarize the kinds of equipment and miscellaneous supplies by type (e.g., office supplies, power tools, camera, etc.). Copies of receipts, freight bills, etc. Operations, repair and maintenance (including computer services) For repairs and maintenance over $100, itemize what service was obtained and the cost (e.g., repair of a motor). Copies of payment vouchers, repair invoices, parts bills, etc. Equipment Rental For rentals, within a one-month period that exceeds $500, provide description of what was rented, dates or hours of rental, and rental rates and whether rates include operator. Rental receipts, time sheets, etc. Easement, Purchase, or lease of land Specify area and type. For example: Purchase 500-acre Jones property, grazing allotment, in perpetuity. 15-year lease on riparian zone 300-foot buffer on both sides for 1/2 mile on June Creek. Overhead/Other Indirect Costs Identify the overhead/indirect rate used to calculate the dollar amount. Rates shall be applied consistent with the current rate negotiated by the Cognizant Audit Agency or by the CO. If a revised rate has been approved by the Cognizant Audit Agency, provide a copy of the approved rate agreement to the CO. Identify the line items to which the indirect rate applies. Itemized lists or records of costs included in overhead or other indirect costs. IGC 65925 Terms & Conditions Page 8 Line Item Description Minimum Documentation Required **See note below for exceptions Documentation NOT Required **See note below for exceptions Subcontracts (also include when work being billed was performed by subcontractor) If the subcontract is a cost reimbursement contract, Cost reimbursement and greater than or equal to 50% of the contract amount, the subcontract costs shall be provided in the same level of detail as those required above for the prime contractor. If the subcontract is a fixed price contract, itemize contract: Same guidance as for prime contractor line items. Fixed price contract: each subcontractor cost by: vendor name, work accomplishment dates, and amount spent. This applies for both "progress" payments, or "payment in full" (at the end of performed work) according to the vendors subcontract terms. itemized receipts. Summary Financial Information By line item, provide a summary of the approved budget and cumulative expenditures to date for the current contract period (e.g., March 1st, 2004 through April 30th, 2005). **More detailed information may be required when certain situations occur such as those listed below where the CO, COTR, and their manager determine more detailed information is needed: (this list is not intended to be all inclusive). • Amounts billed are inconsistent with the negotiated budget, such as: o Fringe benefits are different than negotiated o Labor category rates and/or categories are different than negotiated o Equipment is different or costs more than negotiated o Indirect cost rate is different than Cognizant Audit Agency current approved rate or CO negotiated rate, whichever is appropriate o Budget line item is expended at a faster rate than expected based on Work Schedule o Extensive line item transfer requests are occurring o Overcharges or other invoice abnormalities occur. (c) Non -itemized and/or incomplete billings will be returned to the contractor without processing for payment until a corrected invoice is received. Allowable costs shall be determined in accordance with the cost principles of the F&W Contract Management Manual and applicable OMB Circular fir (.r CV IR 225) (or BPI Appendix 13A for commercial contractors). (d) Additionally, invoices will be returned if: 1) The amount exceeds the contract award ceiling; 2) The invoice billing period is for work performed after the last day of the contract performance period; (e) Adjustments IGC 65925 Terms & Conditions Page 9 (1) Refunds, Rebates or Credits. Separate statements to BPA indicating a credit amount to be applied by BPA to offset future payments will no longer be accepted by BPA. (A) Active/Current Contracts. Refunds or credits to BPA as a result of previous errors in billing, overpayments, or other rebates or refunds shall be applied by the contractor to the invoice submitted immediately following the identification of the need to issue a refund, credit, or rebate to BPA. The invoice where the credit or refund has been applied shall include an explanation of the reason for the refund or credit. Do not submit the refund or credit as a check or cash. (B) Inactive/Closed Contracts. Refunds or credits to BPA as a result of previous errors in billing, overpayments, or other rebates or refunds shall be returned to BPA in the form of a check. Contact the CO to determine to whom to address the check. An explanation of the reason for the refund or credit shall be included with the check. Please do not submit cash. (2) Corrected or Revised Invoices. If the contractor needs to correct or revise a previously submitted but not yet paid invoice, the contractor —agency shall note on the corrected or revised invoice: "Corrected/Revised Invoice — Corrects invoice # previously submitted." The revised invoice must have a new date. (f) Final payment. The Contractor shall submit an invoice marked "Final Invoice" promptly upon completion of the work. Upon approval of that invoice and upon the Contractor's compliance with all terms of this contract, the BPA shall promptly pay any allowable costs not previously paid. CONTRACT CEILING LIMITATION (22-7) (SEP 98)(BPI 22.1.3) (a) The Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within the contract ceiling. The contract ceiling includes all estimated costs (both direct and indirect) and any fee allowance. If this is a cost-sharing contract, the contract ceiling includes both BPA's and the Contractor's share of the cost. (b) Notification of CO. The Contractor shall notify the CO in writing at the first indication that the total cost for the performance of this contract, exclusive of any fee, will be either greater or substantially less than had been previously estimated. (c) Revised Estimate. As part of the notification, the Contractor shall provide the CO a revised estimate of the total cost of performing this contract. (d) Contract Ceiling. (1) BPA is not obligated to reimburse the Contractor for costs incurred in excess of the contract ceiling specified in the Schedule or, if this is a cost-sharing contract, the estimated cost to BPA specified in the Schedule; and (2) The Contractor is not obligated to continue performance under this contract (including actions under the Termination clause of this contract) or otherwise incur costs in excess of the contract ceiling specified in the Schedule, until the CO notifies the Contractor in writing that the contract ceiling has been increased. (e) No notice, communication, or representation, or from any person other than the CO, shall affect this contract's contract ceiling. (f) If this contract is terminated or the contract ceiling is not increased, BPA and the Contractor shall negotiate an equitable distribution of all property produced or purchased under the contract, based upon the share of costs incurred by each. IGC 65925 Terms & Conditions Page 10 INDIRECT COST RATES WITH CARRY FORWARD (22-19) (NOV 08)(BPI 22.1.3) Notwithstanding 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal Governments (OMB Circular A-87), the indirect cost rate for this contract will be established based on the estimate of a future period's cost and is not subject to revision. However, differences between the estimated costs and actual costs when they become known are carried forward and are considered in the negotiation of rates for subsequent periods. If actual indirect costs are more than estimated, the amount of the increase is added to the estimate for the next period to determine the fixed rate for the next period. Conversely, if actual indirect costs are less than estimated, the difference between the fixed rate and the actual cost is subtracted from the estimate of the next period to determine the fixed rate for the next period. (3IEN IIEE IR..A IIE.. CON "1rIRAC; "1r ADO III IN III,'��A'''FRA""Er`IIIC) IN CONTRACT ADMINISTRATION REPRESENTATIVES (14-2) (SEP 98)(BPI 14.3.2) (a) In the administration of this contract, the Contracting Officer may be represented by one or more of the following: Contracting Officers Representative for administrative matters, and Contracting Officer's Technical Representative, Receiving Inspector, and/or Field Inspector for technical matters. (b) These representatives are authorized to act on behalf of the Contracting Officer in all matters pertaining to the contract, except: (1) contract modifications that change the contract price, technical requirements or time for performance, unless delegated field modification authority (see clause 24-25); (2) suspension or termination of the Contractor's right to proceed, either for default or for convenience of BPA; and (3) final decisions on any matters subject to appeal, as provided in a disputes clause. In addition, Field Inspectors may not make final acceptance under the contract. STOP WORK ORDER (14-14) (SEP 98)(BPI 14.12.1) (a) The Contracting Officer may order the Contractor to suspend all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of BPA. (b) The contractor shall immediately comply with the Contracting Officer's order and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order. (c) If a stop work order is issued for the convenience of BPA, the Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, if the order results in a change in the time required for, or the costs properly allocable to, the performance of any part of this contract. (d) A claim under this clause shall not be allowed (1) for any cost incurred more than 20 days before the Contractor notified the Contracting Officer of the basis of the claim in writing, and (2) unless the claim stating the amount of time or money requested, is asserted in writing as soon as practicable after the termination of the delay or interruption, but not later than the day of final payment under the contract. PRINTING (6-2) (OCT 93)(BPI 6.8.3.1) The contractor shall not engage in, nor subcontract for, any printing (as that term is defined in Title I of the U.S. Government Printing and Binding Regulations in effect on the effective date of this contract) in connection with the performance of work under this contract: Provided, however, that performance of a requirement under this contract involving the duplication of less than 5,000 copies of a single unit, or no more than 25,000 units in the IGC 65925 Terms & Conditions Page 11 aggregate of multiple units, will not be deemed to be printing. A unit is defined as one sheet, size 8-1/2 by 11 inches, one side only, one color. (a) The term "printing" includes the following processes: composition, plate making, presswork, binding, microform publishing, silk screening, or the end items produced by such processes. (b) If fulfillment of the contract will necessitate reproduction in excess of the limits set forth above, the contractor shall notify the Contracting Officer in writing and obtain the Contracting Officer's approval prior to acquiring on BPA's behalf production, purchase, and dissemination of printed matter. (c) Printing services not obtained in compliance with this guidance may result in the cost of such printing being disallowed. (d) The contractor shall include in each subcontract hereunder a provision substantially the same as this clause including this paragraph (d). REPORTING REQUIREMENTS (25-1)(M) (MAR 13)(BPI 25.2.1) Please see the attached Pisces Statement of Work for specifications and due dates. CHANGES (25-4) (SEP 98)(BPI 25.4.1) Any changes in the project objectives, scope, or key personnel, including any proposed transfer of expenditures between all approved budget line items above 5% of the contract total must be approved by the Contracting Officer. All such changes must be submitted in writing through the Contracting Officer's Technical Representative prior to initiating the change. CHANGES - COST -REIMBURSEMENT (14-9) (SEP 98)(BPI 14.10.5.1.1) (a) The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract to any one or more of the following: (1) Drawings, designs, or specifications when the supplies to be furnished are to be specially manufactured for BPA in accordance with the drawings, designs, or specifications. (2) Method of shipment or packing. (3) Place of delivery or performance. (4) Description of services to be performed. (5) Time of performance (i.e., hours of the day, days of the week, etc.). (6) BPA -furnished property. (7) Place of inspection or acceptance. (b) If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this contract, whether or not changed by the order, or if it otherwise affects any other terms and conditions of this contract, the Contracting Officer shall make an equitable adjustment in (1) the estimated cost, delivery or completion schedule, or both; (2) the amount of any fixed fee; and (3) other affected terms and shall modify the contract accordingly. IGC 65925 Terms & Conditions Page 12 (c) The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order, but not later than final payment. (d) Failure to agree to any adjustment shall be a dispute under a disputes clause, if one is included in this contract. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed. (e) Notwithstanding the terms and conditions of paragraphs (a) and (b) above, the estimated cost of this contract and, if this contract is incrementally funded, the funds allotted for the performance of this contract shall not be increased or considered to be increased except by specific written modification of the contract indicating the revised contract estimated cost and, if this contract is incrementally funded, the additional amount allotted to the contract. Until this modification is made, the Contractor shall not be obligated to continue performance or incur costs beyond the point established in the Contract Ceiling Limitation clause of this contract. (f) Notwithstanding other provisions herein, only the Contracting Officer, or persons specifically delegated authority to do so by the Contracting Officer, are authorized to orally modify or affect the terms of this contract. Contractor response to oral direction from any other source, is at its own risk of liability. INFORMATION ASSURANCE (17-20) (OCT 11)(BPI 17.6.1.4.1) (a) In performance of this contract, the contractor shall protect all data and information systems under its management and control at all times commensurate with the risk and magnitude of harm that could result to Federal security interests and BPA's missions and programs resulting from a loss or unauthorized disclosure of confidentiality, availability, and integrity of these information or systems. (b) The contractor shall maintain an information security and/or data security plan or program consistent with industry standards such as National Institute of Standards and Technology (NIST), as required by the E - Government Act (Public Law 107-347) of 2002, Title III Federal Information Security Management Act (FISMA). (c) The BPA Chief Information Officer (CIO), or representatives, shall have the right to examine, audit, and reproduce any of the contractor's pertinent information security and/or data security plan or program. (d) The contractor shall adhere to any additional information security requirements identified in the statement of work. (e) The contractor, at its sole expense, shall address and correct any deficiencies and/or noncompliance with the terms of the contract as identified by BPA. IGC 65925 Terms & Conditions Page 13 PUBLICATION/PRESENTATIONS (25-8) (SEP 04)(BPI 25.4.1) All news releases, presentations, publications, or signage and related materials shall acknowledge BPA support for project activities. BPA strongly endorses the publication of project results in scientific journals to facilitate public access and to preserve project data. Copies of news articles, publications, etc. shall be provided to the COTR. When appropriate, Project Managers shall prepare manuscripts for submission to journal editors, giving due credit for BPA's financial support. BPA reserves the right to publish all or part of the reports submitted pursuant to the terms of this contract. ENDANGERED SPECIES ACT REQUIREMENTS (25-9) (SEP 98)(BPI 25.1.1) (a) To the extent requested by BPA, the contractor -agency shall: (1) Participate in consultations and conferences conducted under Section 7 of the Endangered Species Act (ESA); (2) Obtain, or assist BPA in obtaining permits under Section 10 of the ESA, and (3) Provide to BPA all information, materials, documents, records and other assistance requested by BPA for such consultations, conferences, or the acquisition of permits. (b) The contractor -agency shall not proceed with action/activities in this agreement until completion of requisite consultations and conferences and the acquisition of necessary permits. To the extent requested by BPA, the contractor -agency shall comply with conditions identified during consultations and conferences and with the provisions of any requisite permit. �.a"TANN0A.R.I[ SA C0IIF° COONIDUC"TAN D IE'3USIFNNESS PRAT ""�f"VICES a. ORGANIZATIONAL CONFLICTS OF INTEREST (3-2) (SEP 98)(BPI 3.4.2.1) (a) The offeror or contractor warrants that, to the best of its knowledge and belief, and except as otherwise disclosed, there are no relevant facts which could give rise to organizational conflicts of interest, as defined in BPI 3.4.1, and that the offeror or contractor has disclosed all relevant information to the Contracting Officer. (b) The offeror or contractor agrees that, if after award, an organizational conflict of interest with respect to this contract is discovered, an immediate and full disclosure in writing shall be made to the Contracting Officer which shall include a description of the action which the contractor has taken, or proposes to take, to avoid or mitigate such conflicts. (c) In the event that the contractor was aware of an organizational conflict of interest prior to the award of this contract and did not disclose the conflict to the Contracting Officer, BPA may terminate the contract for default. (d) The provisions of this clause shall be included in all subcontracts for work to be performed in aid of the services provided by the prime contractor, and the terms "contract," "contractor," "Contracting Officer" modified appropriately. CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING (3-4) (MAY 11) (BPI 3.7.1.1) (a) Definitions. As used in this clause -- IGC 65925 Terms & Conditions Page 14 "Driving"—(1) Means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise. (2) Does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary. "Text messaging" means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e -mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park. (b) This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging while driving, dated October 1, 2009. (c) The Contractor should adopt and enforce policies that ban text messaging while driving —(1) Company- owned or -rented vehicles or Government-owned vehicles; or (2) Privately -owned vehicles when on official Government business or when performing any work for or on behalf of the Government. (d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts that exceed $10,000. CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (13-101 (Feb14) (BPI 3.9.4.1) (a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the Contractor employee whistleblower protections established at 41 U.S.C.§ 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239). (b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. § 4712. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts that exceed $150,000. SOCIIFC)-IE0:CON ISSUES RESTRICTION ON CERTAIN FOREIGN PURCHASES (9-8) (MAY 11) (BPI 9.3.2) (a) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or services if any proclamation, Executive order, or statute administered by OFAC, or if OFAC's implementing regulations at 31 CFR Chapter V, would prohibit such a transaction by a person subject to the jurisdiction of the United States. (b) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are prohibited, as are most imports from Burma or North Korea, into the United States or its outlying areas. Lists of entities and individuals subject to economic sanctions are included in OFAC's List of Specially Designated Nationals and Blocked Persons at http://www.treas.gov/offices/enforcement/ofac/sdn. More information about these restrictions, as well as updates, is available in the OFAC's regulations at 31 CFR Chapter V and/or on OFAC's website at http.//www.treas.gov/offices/enforcement/ofac. (c) The Contractor shall insert this clause, including this paragraph (c), in all subcontracts. IGC 65925 Terms & Conditions Page 15 NONDISCRIMINATION AND AFFIRMATIVE ACTION (10-1) (APR 09)(BPI 10.2.1) (a) The Contractor shall not discriminate against its employees or applicants because of their race, color, religion, sex, national origin, age, status as Disabled or Vietnam Veterans, or physical or mental handicaps. The Contractor certifies that it does not, and will not, maintain segregated facilities or accommodations on the basis of race, color, religion or national origin. Regarding any position for which an employee or an applicant is qualified, the Contractor agrees to take affirmative action to employ, train, advance in employment and retain individuals in accordance with applicable laws and regulations including:. (1) For nondiscrimination based on race , color, religion, sex or national origin this includes, but is not limited to, the U. S. Constitution, and Parts II and IV of Executive Order 11246, September 24, 1965 (30 Fed. Reg. 12319). Contractor disputes related to compliance with its obligations shall be handled according to the rules, regulations and relevant orders of the Secretary of Labor (See 41 CFR 60). (2) For nondiscrimination based on Disabled or Vietnam Veterans this includes, but is not limited to, the Vietnam Era Veterans Readjustment Assistance Act of 1974, as amended (38 U.S.C. 4012); Executive Order 11701, January 24, 1973 (38 CFR 2675); and the regulations of the Secretary of Labor (41 CFR Part 60-250). (3) For nondiscrimination based on the Handicapped this includes, but is not limited to, Section 503 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 793); Executive Order 11758, January 15, 1974; and the regulations of the Secretary of Labor (41 CFR Part 60-741). (4) For nondiscrimination based on Age this includes, but is not limited to, Executive Order 11141, February 12, 1964 (29 CFR 2477). (b) The Contractor shall include the terms of this clause in every subcontract or purchase order exceeding $50,000 and shall act as specified by the Department of Labor to enforce the terms and implement remedies. EMPLOYMENT PRACTICES (10-2) (MAR 10)(BPI 10.4.4) The Contractor agrees to comply with all applicable Federal, State, local laws, and regulations concerning Equal Employment Opportunity, the payment of minimum wages (including, but not limited to, the Fair Labor Standards Act) and the use of safe practices (including, but not limited to, the Occupational Safety and Health Act). E INN\0111IR.C'0' IN INN 1F & !3A OF E1PY CONTRACTOR SAFETY AND HEALTH (15-12) (APR 14)(BPI 15.2.4.1) a) The Contractor shall furnish a place of employment that is free from recognized hazards that cause or have the potential to cause death or serious physical harm to employees; and shall comply with occupational safety and health standards promulgated under the Occupational Safety and Health Act of 1970 (Public Law 91-598). Contractor employees shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this Act which are applicable to their own actions and conduct. (1) All construction contractors working on contracts in excess of $100,000 shall comply with Department of Labor Contract Work Hours and Safety Standards (40 U.S.C. § 3701 et seq.). (2) The Contractor shall comply with (i) National Fire Protection Association (NFPA) National Fire Codes for fire prevention and protection applicable to the work or facility being occupied or constructed; (ii) NFPA 70E, Standard for Electrical Safety in the Workplace; (iii) American Conference of Governmental Industrial Hygiene Threshold Limit Values for IGC 65925 Terms & Conditions Page 16 Chemical Substances and Physical Agents and Biological Exposure Indices; and, (iv) Any additional safety and health measures identified by the Contracting Officer. This clause does not relieve the Contractor from complying with any additional specific or corporate safety and health requirements that it determines to be necessary to protect the safety and health of employees. (b) The Contractor bears sole responsibility for ensuring that all contractor's workers performing contract work possess the necessary knowledge and skills to perform the work correctly and safely. The Contractor shall make any training and certification records necessary to demonstrate compliance with this requirement available for review upon request by BPA. (c) The Contractor shall hold BPA and any other owners of the site of work harmless from any and all suits, actions, and claims for injuries to or death of persons arising from any act or omission of the Contractor, its subcontractors, or any employee of the Contractor or subcontractors, in any way related to the work under this contract. (d) The Contractor shall immediately notify the Contracting Officer (CO), the Contracting Officer's Technical Representative (COTR), and the Safety Office by telephone at (360) 418-2397 of any death, injury, occupational disease or near miss arising from or incident to performance of work under this contract. (1) The BPA Safety Office business hours are 7:00 AM to 4:00 PM Pacific Time. If the Safety Office Officials are not available to take the phone call the contractor shall leave a voicemail that includes the details of the event, and the Contractor's contact information. The Contractor shall periodically repeat the phone call to the Safety Office until the Contractor is able to speak directly with a BPA Safety Official. (2) The Contractor shall follow up each phone call notification with an email to SafetyNotification©BPA.gov immediately for any fatality or within 24 hours for non-fatal events. (3) The Contractor shall complete BPA form 6410.15e Contractor's Report of Personal Injury, Illness, or Property Damage Accident and submit the form to the CO, COTR, and Safety Office within five (5) working days of such an occurrence. The Contractor shall include photographs and witness statements with the report. (4) In the case of a Near Miss Incident that does not involve injury, illness, or property damage, the Contractor shall complete BPA Form 6410.18e Contractor's Report of Incident/Near Miss and submit the form to the CO, COTR, and Safety Office within five (5) working days of such an occurrence. The Contractor shall include photographs and witness statements with the report. (e) Notification of Imminent Danger and Workers Right to Decline Work (1) All workers, including contractors and BPA employees, are responsible for identifying and notifying other workers in the affected area of imminent danger at the site of work. Imminent danger is any condition or practice that poses a danger that could reasonably be expected to cause death or severe physical hardship before the imminence of such danger could be eliminated through normal procedures. (2) A contract worker has the right to ask, without reprisal, their onsite management and other workers to review safe work procedures and consider other alternatives before proceeding with a work procedure. Reprisal means any action taken against an employee in response to, or in revenge for, the employee having raised, in good faith, reasonable concerns about a safety and health aspect of the work required by the contract. (3) A contract worker has the right to decline to perform tasks, without reprisal, that will endanger the safety and health of themself or of other workers. (4) The Contractor shall establish procedures that allow workers to cease or decline work that may threaten the safety and health of the worker or other workers. (f) BPA encourages all contractor workers to raise safety and health concerns as a way to identify and control safety hazards. The Contractor shall develop and communicate a formal procedure for submittal, resolution, and communication of resolution and corrective action to the worker submitting the concern. The procedure shall 1.) encourage workers to identify safety and health concerns directly to their supervisor and employer using the employer's reporting process; and 2.) inform workers that they may raise safety concerns to BPA or the State OSHA. Workers may notify the Safety Office at (360) 418-2397 if the employer's work process does not resolve the worker's safety and health concern. BPA may coordinate the response to a contractor worker's health and safety concerns with the State OSHA when necessary to facilitate resolution. IGC 65925 Terms & Conditions Page 17 (g) BPA employees may direct the contractor to stop a work activity due to safety and health concerns. The BPA employee shall notify the Contractor orally with written confirmation, and request immediate initiation of corrective action. After receipt of the notice the Contractor shall immediately take corrective action to eliminate or mitigate the safety and health concern. When a BPA employee stops a work activity due to a safety and health concern the Contractor shall immediately notify the CO, provide a description of the event, and identify the BPA employee that halted the work activity. The Contractor shall not resume the stopped work activity until authorization to resume work is issued by a BPA Safety Official. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule when BPA stops a work activity due to safety and health concerns that occurred under the Contractor's control. (h) The Contractor shall keep a record of total monthly labor hours worked at the site of work. The Contractor shall include a separate calculation of the monthly total labor hours for each subcontractor in the contractor's monthly data. Upon request by the CO, COTR or BPA Safety Office, the Contractor shall provide the total labor hours for a completed month to BPA no later than the 15th calendar day of the following month. The requestor shall identify the required reporting format and procedures. (i) The Contractor shall include this clause, including paragraph (i) in subcontracts. The Contractor may make appropriate changes in the designation of the parties to reflect the prime contractor --subcontractor arrangement. The Contractor is responsible for enforcing subcontractor compliance with this clause. IIIN!'AIIPIIEEC; "1 IIIC)IN AN IID r\+'AIIR.IIR.AIN"TY INSPECTION - SERVICES AND CONSTRUCTION (18-4) (SEP 98)(BPI 18.3.1) (a) BPA may inspect the work called for by the contract at any time and place. BPA will perform inspections in a manner that will not unduly delay the work. (b) If any of the services do not conform with contract requirements (including services performed on a cost - reimbursement or time -and -materials basis), BPA may require the Contractor to perform the services again in conformity with the contract at no cost to BPA. When the defects in services cannot be corrected by re - performance, BPA may deduct from the contract payments an amount which reflects the reduced value of the services performed. (c) Neither inspection, lack of inspection, acceptance, nor payment shall relieve the Contractor of any of its obligations under this contract. "TER.I° III IrOi A ""Ef"III C' IN TERMINATION FOR THE CONVENIENCE OF BPA (20-2) (DEC 12)(BPI 20.4.1) (a) BPA may terminate all or any part of this contract, at any time, upon written notice to the contractor. Upon receipt of the termination notice, the contractor shall stop work on the terminated portion of the contract. (b) The contract amount shall be revised as a result of termination under this clause. On fixed-price contracts the revised amount shall not exceed the pre -termination contract price, excluding payments already received, plus reasonable termination expenses. On cost -reimbursement contracts it will not exceed the total of allowable and allocable costs of performance prior to termination, excluding payments already received, plus reasonable termination expenses, plus an adjustment of the fee on the terminated portion of the contract. No payment will be made for anticipated profits on the terminated portion, or consequential damages, of the contract. The contractor shall submit a settlement proposal within 30 days of the notice of termination. IGC 65925 Terms & Conditions Page 18 (c) The Contracting Officer may direct the disposition of material produced or acquired for the work terminated, or any completed or partially completed items. TERMINATION BY MUTUAL CONSENT (25-13) (SEP 09)(BPI 25.1.1) Termination by mutual consent may be initiated by either party, by oral or written means. A termination for mutual consent is effective upon the execution of an agreement, documented on the Asset Suite Modification of Contract form, by the CO and Contractor which identifies the following: (1) Whether the termination is partial or total. (2) A description of the terminated portion of the contract, including the item numbers, descriptions, quantity terminated unit and total price of terminated items, and any other explanation to avoid uncertainty or understanding. (3) The Contractor unconditionally waives any claim against BPA arising under the terminated portion of the contract or by reason of its termination, including, without limitation, all obligations of BPA to make further payments or to carry out any further undertakings under the terminated portion of the contract. (4) BPA acknowledges that the Contractor has no obligation to perform further work or services or to make further deliveries under the terminated portion of the contract. (5) Under the terminated portion of the contract, the rights and liabilities of the parties that are reserved. I011, III !.,3 IF I III I4'::, !.,3 DISPUTES (21-2) (JUL 13) (BPI 21.3.15.1; 25.4.1) (a) This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. § 7101-7109). (b) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause. (c) "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under the Act until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. (d) (1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within six years after accrual of the claim to the Contracting Officer for a written decision. A claim by BPA against the Contractor shall be subject to a written decision by the Contracting Officer. (2) (A) The Contractor shall provide the certification specified in paragraph (d)(2)(iii) of this clause when submitting any claim exceeding $100,000. (B) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim. IGC 65925 Terms & Conditions Page 19 (C) The certification shall state as follows: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes BPA is liable; and that I am duly authorized to certify the claim on behalf of the Contractor." (3) The certification may be executed by any person duly authorized to bind the Contractor with respect to the claim. (e) For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For contractor -certified claims over $100,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made. (f) (g) The Contracting Officer's decision shall be final unless the Contractor appeals or files suit as provided in the Act. If the claim by the Contractor is submitted to the Contracting Officer or a claim by BPA is presented to the Contractor, the parties, by mutual consent, may agree to use alternative dispute resolution (ADR). If the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the Contractor's specific reasons for rejecting the offer. (h) BPA shall pay interest on the amount found due and unpaid from (1) the date that the Contracting Officer receives the claim (certified, if required); or (2) the date that payment otherwise would be due, if the date is later, until the date of payment. With regard to claims having defective certifications, as defined in BPI 21.3.1, interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6 -month period as fixed by the Secretary of the Treasury during the pendency of the claim. (i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under or relating to the contract, and comply with any decision of the Contracting Officer. APPLICABLE LAW (21-5) (DEC 12)(BPI 21.1.2.1 : 25.4.1) United States law will apply to resolve any claim of breach of this contract. IGC 65925 Terms & Conditions Page 20 UNIT 3 - STATEMENT OF WORK AND BUDGET Aar 01liii 111111111111111111111111111 1111.111 Project Title: Project #: Contract Title: Contract #: Province: Workorder ID: Perf. Period Budget: Contract Type: Contractor(s): BPA Internal Ref: SOW Validation: Contract Documents: Contacts: w lm71f�fil//111/ dpyl NNE); E M i"% Po10I1r� r) WS nVIX0 I I 'N I ii'LI.DLI E Statement of Work Report Yakima Phase II Fish Screens Operations and Maintenance (O&M) with Washington Department of Fish and Wildlife (WDFW) 1992-009-00 1992-009-00 EXP GLEED - CONSOLIDATION FEASIBILITY REVIEW 65925 Columbia Plateau Subbasin: Yakima 184505 Task ID: 1 $68,009 Perf. Period: 8/1/2014 - 3/31/2015 Contract (IGC) Pricing Type: Cost Reimbursement (CNF) City of Yakima (Prime - YAKIMA00) 65925 Last validated 06/12/2014 with 0 problems, and 4 reviewable items Budget - Contract (06/12/2014) CR275609 LIB Name Role Organization Phone/Fax Email Address Jay Marcotte COTR Bonneville Power Administration (503) 230-3943 / NA jgmarcatte@a bpa.gav PO Box 3621 Portland OR 97208 Khanida Mote Contracting Officer Bonneville Power Administration (503) 230-4599 / NA kpmate(a.bpa.gav P.O. Box 3621 Mailstop NSSP-4 Portland OR 97208 Peter Lofy F&W Approver Bonneville Power Administration (503) 230-4193 / (503) 230-4563 ptlafy(abpa.gav 905 NE 11th Ave. Portland OR 97232 Sean Welch Technical Contact Bonneville Power Administration (503) 230-7691 / NA spwelch(alopa.gav Joel Hubble Interested Party US Bureau of Reclamation (BOR) (509) 575-5848 277 / NA jhubble(a usbr.gav Daniel Didricksen Interested Party Washington Department of Fish and Wildlife (WDFW) (509) 575-2104 / NA daniel.didricksen@dfw.wa .gov David Brown Contract Manager City of Yakima (509) 575-6204 / (509) 575-6187(g.2)..,./ david.brawn@yakimawa. 2301 Fruitvale Blvd., Yakima, WA 98902 Yakima WA Debbie Cook Supervisor City of Yakima (509) 575-6120 / NA debbie.cook@yakimawa. (.121.,/ Ted Gresh Env. Compliance Lead Bonneville Power Administration (503) 230-5756 / NA esgreshbpa.gov P.O. Box 3621 - KEC-4 Portland OR 97208 - 3621 Work Element Table of Contents: Work Element - Work Element Title A : 185. Produce Pisces Status Report - Periodic Status Reports for BPA EC Needed* Statement of Work Report - 3.19.7.0 Printed: Tuesday, July 08, 2014 1:17 PM Estimate (%) $0 (0%) Page 1 of 7 Aar 011iiii' 111111111111111111111111111 1111.111 11r1yh;1y" amwoiL r; Powr Nss r'ra✓M,'tao ON OF FIERi'IL LI E Work Element - Work Element Title EC Needed* B : 165. Produce Environmental Compliance Documentation - Assist BPA in EC and permitting C : 119. Manage and Administer Projects - Manage Administrative and Financial Aspects of Project D : 115. Produce Inventory or Assessment - Compile existing * records and information on Gleed and CoY E : 174. Produce Plan - Conduct feasibility analysis of * consolidating Gleed at CoY F : 141. Produce Other Report - Document feasibility study $20,504 (30 %) results in Final Report G : 132. Produce (Annual) Progress Report - No annual report $0 (0%) required for this project Estimate (%) $5,579 (8 %) $0 (0%) $5,040 (7 %) $36,886 (54 %) Total: $68,009 * Environmental Compliance (EC) needed before work begins. Contract Description: The Naches River in the reach where CoY and Gleed diversions are located was significantly altered through the creation of the current alignment of SR12 in 1970. At that time a complex structure of levees and grade breaks was established that allowed continued operation of the Gleed intake and the creation of the City of Yakima intake structure. Natural geomorphic changes have led to reconfiguration and degradation of the riverine structures to the point that significant investment is required to allow continued operation of both structures. In addition, the Gleed site is no longer safe to maintain and does not adequately protect fish life. For these reasons, Reclamation, WDFW, City of Yakima and BPA (Stakeholders) began a discussion in February, 2014 to consolidate the Gleed and the City of Yakima structures. There were three options considered. The first option was to consolidate the City of Yakima at the Gleed site. Due to the amount of infrastructure and investment at the existing City of Yakima site and due to the change in elevation from the current City intake and Gleed, this is not a preferred option. The second option is to maintain the two separate facilities in their current locations. This is not a preferred option as the Gleed site will continue to wrack debris leading to ongoing maintenance issues. The third (preferred) option is to consolidate the Gleed with the City of Yakima facility. The City of Yakima has undertaken geomorphic investigations to establish riverine stability for their intake and have proposed instream work to ensure sufficient water at their site. Goals of Feasibility Study: Prior to final decision on consolidation, all engineering and legal constraints need to be identified. The goal of the feasibility study is to confirm that consolidating Gleed at the CoY facility is physically possible. This needs to occur at a level of detail adequate to make this determination, but short of actual design. In accomplishing this goal, any technical, legal or financial obstacles identified will be assessed to determine if they constitute fatal flaws that would rule out the preferred alternative. Objectives of this study include: • Identify water rights (POD application process, etc.) and other legal obligations to consolidating Gleed screens at the CoY site. • Determine the engineering feasibility of consolidating at the City of Yakima site, including how new screens would be appended to the existing site and how the Gleed water would be conveyed to and provided at the Gleed ditch. • Determine whether and to what extent an abandoned Gleed facility would need to be decommissioned for biological and liability reasons. • Identify alternatives for consolidating Gleed at the City of Yakima intake structure consistent with results of ongoing Golder study of instream improvements needed to sustain existing CoY diversion. If the feasibility study results indicate that the consolidation is technically, politically and financially feasible, and BPA and the stakeholders decide to proceed, BPA and City of Yakima intend to award the design, permitting assistance and construction management tasks to the City via amendment to this contract. Statement of Work Report - 3.19.7.0 Printed: Tuesday, July 08, 2014 1:17 PM Page 2 of 7 affrafrn. Aar ..11111111111111111111111 1111.111 'oil '001111111111111111111111111111111111111 Work Element Details A: 185. Produce Pisces Title: Description: Deliverable Specification: offid 111 011 rlll11J111111/� Ipylh���;f`�»rle R 111;10y" N NE V VI .L P o r �d � Statement of Work Report Srn VI I I 'N OF FIERi'LI.DLI E Status Report Periodic Status Reports for BPA The Contractor shall report on the status of milestones and deliverables in Pisces. Reports shall be completed either monthly or quarterly as determined by the BPA COTR. Additionally, when indicating a deliverable milestone as COMPLETE, the contractor shall provide metrics and the final location (latitude and longitude) prior to submitting the report to the BPA COTR. Milestone Title Start Date End Date Status Milestone Description A. Aug -Sep 2014 10/1/2014 10/15/2014 Inactive (8/1/2014 - 9/30/2014) B. Oct -Dec 2014 1/1/2015 1 /15/2015 Inactive (10/1/2014 - 12/31/2014) C. Final Jan -Mar 2015 3/17/2015 3/31/2015 Inactive (1/1/2015 - 3/31/2015) B: 165. Produce Environmental Compliance Documentation Title: Description: Deliverable Specification: Planned Metrics: Assist BPA in EC and permitting Subcontractor will assist BPA and stakeholders with identifying the point of diversion transfer procedure and all permitting requirements for the preferred alternative. WDOE POD diversion procedures and rules EC/permitting requirements * Are herbicides used as part of work performed under this contract?: No * Will water craft, heavy equipment, waders, boots, or other equipment be used from outside the local watershed as part of work performed under this contract?: No Statement of Work Report - 3.19.7.0 Printed: Tuesday, July 08, 2014 1:17 PM Page 3 of 7 affrafrn. Aar 1111.111 offid 111 011 rlll11J111111/� Ipylh���;f`�»rle R rl rimy" r riftl�m�r i'; Po r rsvo aur ira I I N OF FIERi'IL LI E Milestone Title Start Date End Date Status Milestone Description A. Obtain BPA's EC Lead sign -off that EC requirements are complete 8/1/2014 10/1/2014 Inactive The EC? column on the contract SOW tab in Pisces must have a "full moon" for each work element requiring environmental compliance before ground -disturbing implementation of that work element can begin. You will receive verbal or email notification from the EC Lead when a work element or, in rare instances, a portion of a work element is approved for implementation. B. Determine if contract work could adversely affect Pacific lamprey 8/1/2014 9/1/2014 Inactive Contractor will review work proposed under this contract and determine the following: 1) Will field work take place in any area where lamprey may be present? (Any tributary or subbasin where anadromous fish exist is also accessible Pacific lamprey habitat.) 2) Are there any stream disturbing activities or instream activities that could adversely impact Pacific lamprey? Examples of activities posing a threat to lamprey may include (this list is not intended to be all-inclusive): aquatic habitat improvements, fish passage improvements, culvert replacements, water diversions, altered management of water flows, dewatering of any portions of streams, or alteration of irrigation practices. If the answer is yes to BOTH 1 and 2, the contractor must implement USFWS Best Management Practices to Minimize Adverse Effects to Pacific Lamprey (Entosphenus tridentatus) http://www.fws.gov/pacific/Fisheries/sphabcon/lamprey/pdf/Best% 20Management%20Practices%20for%20Pacific%20Lamprey%20April% 202010%20Version.pdf (BMPs). C. Report lamprey observation and catch data to USFWS 8/1/2014 9/1/2014 Inactive All contractors doing instream work in anadromous fish areas (e.g., surveys, habitat improvements, electrofishing, screwtraps, etc.) are required to report annually, by Feb 15 each year, on lamprey observations or catch, including zero, during the previous calendar year to christina_luzier©fws.gov at US Fish and Wildlife Service. A data template is available (http://www.efw.bpa.gov/contractors/docs/Lamprey_Database_Template.xls) and should include the following information: 1) BPA project, 2) BPA contract number, 3) observation or catch date, 4) location (river mile or GPS), 5) species, 6) species id confidence, 7) photo taken, 8) a "sample taken" field such as genetic sample, fin clip, other biological sampling done, 9) sampling technique, 10) sampling effort, 11) number of ammocoetes (larval stage with undeveloped eyes, found burrowed in substrate), 12) number of macropthalmia (free-swimming juvenile stage with developed eyes) and 13) number of adults. See page 10 of USFWS Best Management Practices to Minimize Adverse Effects to Pacific Lamprey (Entosphenus tridentatus) http://www.fws.gov/pacific/Fisheries/sphabcon/lamprey/pdf/Best% 20Management%20Practices%20for%20Pacific%20Lamprey%20April% 202010%20Version.pdf (BMPs) for life stage pictures. D. Investigate point of diversion transfer requirements with WDOE 8/1/2014 10/15/2014 Inactive Provide synthesis of required point of diversion transfer information and strategy for transfer submittal with WDOE. E. Identify additional permitting requirements for implementation 8/1/2014 10/15/2014 Inactive Provide synthesis of additional permitting requirements (ESA, USACE, WADOE, WASHDOT, Other) to facilitate permitting strategy for preferred alternative Deliverable: F. all EC and permitting information provided 10/31/2014 Inactive See the Deliverable Specification above C: 119. Manage and Administer Projects Title: Manage Administrative and Financial Aspects of Project Description: Manage subcontract and handle all administrative tasks as per the milestones. Deliverable Specification: All administrative tasks shall be fulfilled on time and with quality products. Timely responses to requests for more information are required. Proactive communication between the contractor and BPA's Contracting Officer (CO) and Contracting Officer Technical Representative (COTR) is required if a significant lag in scheduled delivery is expected. Statement of Work Report - 3.19.7.0 Printed: Tuesday, July 08, 2014 1:17 PM Page 4 of 7 affrafrn. Aar 1111.111 offid 111 011 rlll11J111111/� Ipylh���;f`�»rle R rl rimy" N NE V VI .L P o r �d � Srn VI I I 'N OF FIERi'LI.DLI E Milestone Title Start Date End Date Status Milestone Description A. Invoice BPA at least quarterly 8/1/2014 3/31/2015 Inactive On -the -ground work associated with this work element cannot proceed until this milestone is complete. Milestone is complete when final documentation is received from BPA environmental compliance staff (completion can be based on pre-existing environmental documentation from BPA). B. Accrual - Submit September estimate to BPA 8/1/2014 9/10/2014 Inactive Provide BPA with an estimate of contract work that will occur prior to September 30 but will not be billed until October 1 or later. Data must be input in to Pisces by September 10 (begins Aug 10, ends Sep 10). C. Facilitate inputting Cost Share information into Pisces at the Project level 8/1/2014 11/1/2014 Inactive If there are multiple contractors under this project, and you are not the lead project Proponent, email federal FY Cost Share information for your contract to the lead project Proponent by Nov 1. Deliverable: D. All administrative tasks fulfilled with timely quality products 3/31/2015 Inactive See the Deliverable Specification above D: 115. Produce Inventory or Assessment Title: Description: Deliverable Specification: Locations: Primary Focal Species: Country: State: County: Salmonid ESUs Present: Compile existing records and information on Gleed and CoY Subcontractor will assemble pertinent project data for City of Yakima Diversion and Gleed Irrigation District requirements including but not limited to: • Project As -Built and record drawings • Operational criteria and maintenance records • Previous studies and reports • Pertinent Gleed water rights information and irrigation scheduling Also, acquire any available reach -level hydraulic analyses/sediment transfer studies conducted and published by others, including USBOR, USACE, and others. Project As -Built and record drawings Operational criteria and maintenance records Previous studies and reports Pertinent Gleed water rights information and irrigation scheduling 1 Chinook - Mid -Columbia River Spring ESU 1 Steelhead - Middle Columbia River DPS US WA YAKIMA NPCC Subbasin: YAKIMA HUC5 Watershed: HUC6 Name: Middle Columbia River Steelhead DPS (accessible) NACHES RIVER/TIETON RIVER Milestone Title Start Date End Date Status Milestone Description A. Environmental compliance requirements complete 9/1/2014 9/1/2014 Completed On -the -ground work associated with this work element cannot proceed until this milestone is complete. Milestone is complete when final documentation is received from BPA environmental compliance staff (completion can be based on pre-existing environmental documentation from BPA). B. Attend project kick-off meeting on-site 8/15/2014 9/15/2014 Inactive Coordinate with CoY, WDFW, USBOR, BPA and other interested parties to determine that the work is on -target and ready to proceed C. Assemble pertinent data as per deliverable specs 8/15/2014 10/1/2014 Inactive Work with CoY and Gleed to obtain records Deliverable: D. project data assembled for assessment 10/1/2014 Inactive See the Deliverable Specification above E: 174. Produce Plan Title: Description: Conduct feasibility analysis of consolidating Gleed at CoY Subcontractor will assess the existing CoY infrastructure (structures, site footprint, pipeline, forebay etc for suitability to handle added structures and flow from consolidating Gleed at the site. Evaluate screen requirement, perform hydraulic analysis and generate a rating curve for existing condition and proposed Gleed ID consolidation to evaluate operational head requirements. Compare results with any available reach -scale hydraulic studies or sediment transport studies performed by USACE, USBOR or others. Identify alternatives for CoY intake structure modification to support Gleed ID consolidation and select a preferred alternative based on the above analysis. Estimate costs to design, build and operate all alternatives, including the costs to decommission the Gleed facility. Statement of Work Report - 3.19.7.0 Printed: Tuesday, July 08, 2014 1:17 PM Page 5 of 7 affrafrn. Aar 011m. 0 1111.111 itioultitioutioutiouttuj '001111111111111111111111111111111111111 Deliverable Specification: Primary Focal Species: offid 111 011 i�/1n rlll11J111111/� Ipylh���;f`�»rle R rl rimy" N NE V VI .L P o r �d � Site infrastructure analysis Hydraulic assessments Alternatives analysis Feasibility level costs estimates (+/- 25%) Srn VI I I 'N OF FIERi'LI.DLI E Chinook Mid -Columbia River Spring ESU 1 Steelhead - Middle Columbia River DPS Milestone Title Start Date End Date Status Milestone Description A. Environmental compliance requirements complete 9/1/2014 9/1/2014 Completed On -the -ground work associated with this work element cannot proceed until this milestone is complete. Milestone is complete when final documentation is received from BPA environmental compliance staff (completion can be based on pre-existing environmental documentation from BPA). B. Discuss HIP3 ESA coverage with BPA EC lead; obtain risk determination 8/1/2014 9/15/2014 Inactive EC Lead will determine if work under this work element may be able to have full ESA -coverage (NMFS & USFWS) under the 2013 Habitat Improvement Program Biological Opinion (HIP3). The HIP3 programmatic BiOp has expanded coverage for projects that are moderate to high risk that would normally require a BA. For work that qualifies, HIP3 requires projects to undergo a review by an internal review team called the Restoration Review Team (RRT) in lieu of conducting a stand-alone ESA consultation. To begin this process, contact the EC lead for HIP3 Risk Determination and instruction on information needs and requirements to be eligible for coverage. C. Analyze the assembled facility data for feasibility of consolidation at CoY 8/1/2014 10/15/2014 Inactive Feasibility assessment to include the following tasks: Determine feasibility of adding up to 54 cfs Gleed ID diverted rate relative to seasonality and hydrograph Evaluate existing appurtenances (pipeline and forebay — screen requirements) Perform Feasibility level hydraulic analysis and generate a rating curve for existing condition and proposed Gleed ID consolidation to evaluate operational head requirements D. Identify alternatives for CoY intake structure modification to support Gleed ID consolidation 10/1/2014 10/31/2014 Inactive Describe the general features of each alternative, including the decommissioning of the Gleed facility. All consolidation alternatives should provide Gleed water users with independent access to their water E. Select a preferred alternative and provide cost estimates 11/1/2014 12/1/2014 Inactive Prepare feasibility level design and construction cost estimates for all alternatives at +/- 25% contingency level. Also provide an estimate of expected ongoing O&M costs for each alternative, as well as an estimate to decommission the Gleed facility. Deliverable: F. feasibility determined for CoY consolidation 12/1/2014 Inactive See the Deliverable Specification above F: 141. Produce Other Report Title: Description: Deliverable Specification: Document feasibility study results in Final Report Subcontractor will prepare a Project summary report and presentation: • Synthesize all project deliverables in a technical report, including all pertinent narrative, figures and calculations to support the selection of preferred alternative, and pre -design information to be developed for advancement of the preferred alternative • Present findings and recommendations to the stakeholder group in a wrap-up meeting technical report provided to BPA and stakeholders in print and electronically Milestone Title Start Date End Date Status Milestone Description A. Write draft report and submit to Sponsors for review 12/1/2014 1/15/2015 Inactive B. Finalize report 1/1/2015 2/16/2015 Inactive C. Present report results at a meeting of all rpoject sponsors 3/1/2015 3/31/2015 Inactive Deliverable: D. final study report produced 3/1/2015 Inactive See the Deliverable Specification above G: 132. Produce (Annual) Progress Report Title: No annual report required for this project Statement of Work Report - 3.19.7.0 Printed: Tuesday, July 08, 2014 1:17 PM Page 6 of 7 Aar 01lir, 111111111111111111111111111 1111.111 offid 111 rlll11J111111/� Ipylh���;f`�»rle R rl rimy" 011 rofvu i'; P r rs su aur r ATIO MON OF FIERi'IL LI E Description: The feasibility study deliverable shall suffice in lieu of an annual report. Deliverable Specification: Planned Metrics: <None> Inadvertent Discovery Instructions BPA is required by section 106 of the National Historic Preservation Act (NHPA) to consider the effects of its undertakings on historic properties (16 USC 470). Prior to approving the expenditure of funds or conducting a federal undertaking, BPA must follow the section 106 process as described at 36 CFR 800. Even though BPA has completed this process by the time an undertaking is implemented, if cultural materials are discovered during the implementation of a project, work within the immediate area must stop and the significance of the materials must be evaluated and adverse effects resolved before the project can continue (36 CFR 800.13(b)(3)). The Inadvertent Discovery of Cultural Resources Procedure form outlines the steps to be taken and notifications to be made. If the undertaking takes place on tribal lands (16 USC 470w), BPA must also "comply with applicable tribal regulations and procedures and obtain the concurrence of the Indian tribe on the proposed action" (36 CFR 800.13(d)). Inadvertent Discovery of Cultural Resources Procedure form: http://www.efw.boa.gov/IntegratedFWP/InadvertentDiscovervProcedure.pdf Statement of Work Report - 3.19.7.0 Printed: Tuesday, July 08, 2014 1:17 PM Page 7 of 7 City of Yakima Project 1992-009-00, GLEED - CONSOLIDATION FEASIBILITY REVIEW August 1, 2014 - March 31, 2015 IGC 65925 SUBCONTRACT: COY INTAKE AND GLEED CONSOLIDATION - ESTIMATED BUDGET Labor Costs Labor/cost type LV7 Practice Leader LV 6 Senior Consultant LV5 Senior Engineer LV4 Senior Project Engineer LV3 Project Engineer LV2 Staff Engineer LD3 Senior Drafter LA2 Staff Admin Support Other Personnel Andreas Chris Judith Jeff David Brandan Mike/Steve Stacy Unit rate $225 $200 $175 $155 $130 $110 $105 $75 7% 15% Unit Hour Hour Hour Hour Hour Hour Hour Hour Labor hours Labor cost Direct costs Bare cost Office Service DC markup Total w/ markups Activity Phase 100 - Meetings & Project Management 16 44 4 $1,200 64 $9,620 $1,200 $10,820 $673 $180 $11,673 Phase 200 - Background Study & Water Rights 8 24 32 $4,720 $0 $4,720 $330 $0 $5,050 Phase 300 - Feasibility Assessment 8 24 48 16 40 136 $17,720 $0 $17,720 $1,240 $0 $18,960 Phase 400 -Alternatives Identification 8 4 8 24 40 40 112 $15,720 $0 $15,720 $1,100 $0 $16,820 Phase 500 - Final Reporting 8 2 40 24 40 4 118 $14,490 $0 $14,490 $1,014 $0 $15,504 Quantity 40 12 10 24 180 80 120 8 474 Cost $9,000 $2,400 $1,750 $3,720 $23,400 $8,800 $12,600 $600 $1,200 $62,270 $1,200 $63,470 $4,359 $180 $68,009 WD 05-2569 (Rev. -15) was first posted on www.wdol.gov on 06/25/2013 ***************************************************************************** ******* REGISTER OF WAGE DETERMINATIONS UNDER THE SERVICE CONTRACT ACT By direction of the Secretary of Labor U.S. DEPARTMENT OF LABOR EMPLOYMENT STANDARDS ADMINISTRATION WAGE AND HOUR DIVISION WASHINGTON D.C. 20210 Wage Determination No.: 2005-2569 Diane C. Koplewski Division of Revision No.: 15 Director Wage Determinations) Date Of Revision: 06/19/2013 States: Oregon, Washington Area: Oregon Counties of Baker, Grant, Harney, Malheur, Morrow, Umatilla, Union, Wallowa, Wheeler Washington Counties of Benton, Franklin, Walla Walla, Yakima **Fringe Benefits Required Follow the Occupational Listing** OCCUPATION CODE - TITLE FOOTNOTE RATE 01000 - Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 13.61 01012 Accounting Clerk II 15.27 01013 Accounting Clerk III 17.08 01020 Administrative Assistant 22.41 01040 Court Reporter 18.59 01051 Data Entry Operator I 13.38 01052 Data Entry Operator II 14.60 01060 Dispatcher, Motor Vehicle 18.77 01070 Document Preparation Clerk 12.94 01090 Duplicating Machine Operator 12.94 01111 General Clerk I 13.10 01112 General Clerk II 14.30 01113 General Clerk III 16.05 01120 Housing Referral Assistant 20.52 IGC 65925, DoL, SCA, Wage Determination No. 2005-2569, Rev. 15, 06/19/2013 Page 1 01141 Messenger Courier 11.95 01191 Order Clerk I 12.44 01192 Order Clerk II 13.57 01261 Personnel Assistant (Employment) I 17.21 01262 Personnel Assistant (Employment) II 19.25 01263 Personnel Assistant (Employment) III 21.47 01270 Production Control Clerk 26.54 01280 Receptionist 12.83 01290 Rental Clerk 15.00 01300 Scheduler, Maintenance 16.45 01311 Secretary I 16.45 01312 Secretary II 18.40 01313 Secretary III 20.52 01320 Service Order Dispatcher 18.84 01410 Supply Technician 22.80 01420 Survey Worker 17.33 01531 Travel Clerk I 14.84 01532 Travel Clerk II 15.95 01533 Travel Clerk III 17.09 01611 Word Processor I 15.07 01612 Word Processor II 16.91 01613 Word Processor III 18.91 05000 - Automotive Service Occupations 05005 - Automobile Body Repairer, Fiberglass 18.71 05010 Automotive Electrician 18.82 05040 Automotive Glass Installer 17.82 05070 Automotive Worker 17.82 05110 Mobile Equipment Servicer 15.82 IGC 65925, DoL, SCA, Wage Determination No. 2005-2569, Rev. 15, 06/19/2013 Page 2 05130 Motor Equipment Metal Mechanic 19.80 05160 Motor Equipment Metal Worker 17.82 05190 Motor Vehicle Mechanic 19.80 05220 Motor Vehicle Mechanic Helper 14.82 05250 Motor Vehicle Upholstery Worker 16.81 05280 Motor Vehicle Wrecker 17.82 05310 Painter, Automotive 18.82 05340 Radiator Repair Specialist 17.82 05370 Tire Repairer 14.44 05400 Transmission Repair Specialist 19.80 07000 - Food Preparation And Service Occupations 07010 Baker 17.23 07041 Cook I 13.97 07042 Cook II 15.66 07070 Dishwasher 9.89 07130 Food Service Worker 10.88 07210 Meat Cutter 17.51 07260 Waiter/Waitress 12.54 09000 - Furniture Maintenance And Repair Occupations 09010 - Electrostatic Spray Painter 20.54 09040 Furniture Handler 13.45 09080 Furniture Refinisher 20.54 09090 Furniture Refinisher Helper 16.17 09110 Furniture Repairer, Minor 18.34 09130 Upholsterer 20.54 11000 - General Services And Support Occupations 11030 Cleaner, Vehicles 11.95 11060 Elevator Operator 11.95 11090 Gardener 16.89 IGC 65925, DoL, SCA, Wage Determination No. 2005-2569, Rev. 15, 06/19/2013 Page 3 11122 Housekeeping Aide 13.41 11150 Janitor 16.03 11210 Laborer, Grounds Maintenance 12.77 11240 Maid or Houseman 9.88 11260 Pruner 11.97 11270 Tractor Operator 15.28 11330 Trail Maintenance Worker 12.77 11360 Window Cleaner 18.02 12000 - Health Occupations 12010 - Ambulance Driver 16.83 12011 Breath Alcohol Technician 17.22 12012 Certified Occupational Therapist Assistant 23.78 12015 Certified Physical Therapist Assistant 24.27 12020 Dental Assistant 16.96 12025 Dental Hygienist 43.92 12030 EKG Technician 26.27 12035 Electroneurodiagnostic Technologist 26.27 12040 Emergency Medical Technician 16.83 12071 Licensed Practical Nurse I 15.49 12072 Licensed Practical Nurse II 17.33 12073 Licensed Practical Nurse III 19.33 12100 Medical Assistant 14.85 12130 Medical Laboratory Technician 16.01 12160 Medical Record Clerk 13.99 12190 Medical Record Technician 15.65 12195 Medical Transcriptionist 17.58 12210 Nuclear Medicine Technologist 36.58 12221 Nursing Assistant I 10.06 IGC 65925, DoL, SCA, Wage Determination No. 2005-2569, Rev. 15, 06/19/2013 Page 4 12222 Nursing Assistant II 11.31 12223 Nursing Assistant III 12.34 12224 Nursing Assistant IV 13.85 12235 Optical Dispenser 17.33 12236 Optical Technician 16.27 12250 Pharmacy Technician 15.67 12280 Phlebotomist 13.85 12305 Radiologic Technologist 26.57 12311 Registered Nurse I 29.51 12312 Registered Nurse II 36.10 12313 Registered Nurse II, Specialist 36.10 12314 Registered Nurse III 43.68 12315 Registered Nurse III, Anesthetist 43.68 12316 Registered Nurse IV 52.36 12317 Scheduler (Drug and Alcohol Testing) 21.34 13000 - Information And Arts Occupations 13011 Exhibits Specialist I 20.38 13012 Exhibits Specialist II 25.26 13013 Exhibits Specialist III 30.90 13041 Illustrator I 20.38 13042 Illustrator II 25.26 13043 Illustrator III 30.90 13047 Librarian 27.96 13050 Library Aide/Clerk 14.18 13054 Library Information Technology Systems 25.26 Administrator 13058 Library Technician 18.10 13061 Media Specialist I 18.22 IGC 65925, DoL, SCA, Wage Determination No. 2005-2569, Rev. 15, 06/19/2013 Page 5 13062 Media Specialist II 20.40 13063 Media Specialist III 22.73 13071 Photographer I 16.41 13072 Photographer II 18.36 13073 Photographer III 22.74 13074 Photographer IV 27.81 13075 Photographer V 33.65 13110 Video Teleconference Technician 17.69 14000 - Information Technology Occupations 14041 - Computer Operator I 19.45 14042 Computer Operator II 21.76 14043 Computer Operator III 24.28 14044 Computer Operator IV 26.98 14045 Computer Operator V 29.87 14071 Computer Programmer I (see 1) 22.85 14072 Computer Programmer II (see 1) 14073 Computer Programmer III (see 1) 14074 Computer Programmer IV (see 1) 14101 Computer Systems Analyst I (see 1) 14102 Computer Systems Analyst II (see 1) 14103 Computer Systems Analyst III (see 1) 14150 Peripheral Equipment Operator 19.45 14160 Personal Computer Support Technician 26.98 15000 - Instructional Occupations 15010 Aircrew Training Devices Instructor (Non -Rated) 30.62 15020 Aircrew Training Devices Instructor (Rated) 37.04 15030 - Air Crew Training Devices Instructor (Pilot) 44.39 15050 Computer Based Training Specialist / Instructor 30.62 15060 Educational Technologist 37.11 15070 Flight Instructor (Pilot) 44.39 15080 Graphic Artist 21.49 IGC 65925, DoL, SCA, Wage Determination No. 2005-2569, Rev. 15, 06/19/2013 Page 6 15090 Technical Instructor 28.36 15095 Technical Instructor/Course Developer 32.54 15110 Test Proctor 21.49 15120 Tutor 21.49 16000 - Laundry, Dry -Cleaning, Pressing And Related Occupations 16010 Assembler 10.90 16030 Counter Attendant 10.90 16040 Dry Cleaner 13.76 16070 Finisher, Flatwork, Machine 10.90 16090 Presser, Hand 10.90 16110 Presser, Machine, Drycleaning 10.90 16130 Presser, Machine, Shirts 10.90 16160 Presser, Machine, Wearing Apparel, Laundry 10.90 16190 Sewing Machine Operator 14.71 16220 Tailor 15.67 16250 Washer, Machine 11.84 19000 - Machine Tool Operation And Repair Occupations 19010 - Machine -Tool Operator (Tool Room) 23.95 19040 - Tool And Die Maker 29.01 21000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 14.88 21030 Material Coordinator 26.54 21040 Material Expediter 26.54 21050 Material Handling Laborer 13.19 21071 Order Filler 13.22 21080 Production Line Worker (Food Processing) 14.88 21110 Shipping Packer 13.22 21130 Shipping/Receiving Clerk 13.22 21140 Store Worker I 11.35 IGC 65925, DoL, SCA, Wage Determination No. 2005-2569, Rev. 15, 06/19/2013 Page 7 21150 Stock Clerk 16.17 21210 Tools And Parts Attendant 14.88 21410 Warehouse Specialist 14.88 23000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 25.78 23021 Aircraft Mechanic I 24.50 23022 Aircraft Mechanic II 25.78 23023 Aircraft Mechanic III 27.31 23040 Aircraft Mechanic Helper 17.80 23050 Aircraft, Painter 22.96 23060 Aircraft Servicer 20.21 23080 Aircraft Worker 21.45 23110 Appliance Mechanic 22.36 23120 Bicycle Repairer 14.44 23125 Cable Splicer 34.15 23130 Carpenter, Maintenance 22.89 23140 Carpet Layer 20.37 23160 Electrician, Maintenance 30.09 23181 Electronics Technician Maintenance I 26.22 23182 Electronics Technician Maintenance II 28.08 23183 Electronics Technician Maintenance III 29.95 23260 Fabric Worker 20.20 23290 Fire Alarm System Mechanic 24.83 23310 Fire Extinguisher Repairer 18.63 23311 Fuel Distribution System Mechanic 25.43 23312 Fuel Distribution System Operator 19.09 23370 General Maintenance Worker 19.13 23380 Ground Support Equipment Mechanic 24.50 IGC 65925, DoL, SCA, Wage Determination No. 2005-2569, Rev. 15, 06/19/2013 Page 8 23381 Ground Support Equipment Servicer 20.21 23382 Ground Support Equipment Worker 21.45 23391 Gunsmith I 18.63 23392 Gunsmith II 21.74 23393 Gunsmith III 24.83 23410 Heating, Ventilation And Air -Conditioning 21.57 Mechanic 23411 - Heating, Ventilation And Air Contditioning 22.70 Mechanic (Research Facility) 23430 - Heavy Equipment Mechanic 25.42 23440 Heavy Equipment Operator 23.61 23460 Instrument Mechanic 26.61 23465 Laboratory/Shelter Mechanic 23.29 23470 - Laborer 12.28 23510 Locksmith 20.45 23530 Machinery Maintenance Mechanic 25.56 23550 Machinist, Maintenance 22.78 23580 Maintenance Trades Helper 16.87 23591 Metrology Technician I 26.61 23592 Metrology Technician II 28.00 23593 Metrology Technician III 29.66 23640 Millwright 30.04 23710 Office Appliance Repairer 22.32 23760 Painter, Maintenance 19.88 23790 Pipefitter, Maintenance 29.30 23810 Plumber, Maintenance 27.84 23820 Pneudraulic Systems Mechanic 24.83 23850 Rigger 24.83 IGC 65925, DoL, SCA, Wage Determination No. 2005-2569, Rev. 15, 06/19/2013 Page 9 23870 Scale Mechanic 21.74 23890 Sheet -Metal Worker, Maintenance 25.26 23910 Small Engine Mechanic 19.59 23931 Telecommunications Mechanic I 25.46 23932 Telecommunications Mechanic II 26.79 23950 Telephone Lineman 23.94 23960 Welder, Combination, Maintenance 21.15 23965 Well Driller 24.83 23970 Woodcraft Worker 24.83 23980 Woodworker 18.63 24000 - Personal Needs Occupations 24570 Child Care Attendant 10.04 24580 Child Care Center Clerk 13.63 24610 Chore Aide 11.35 24620 Family Readiness And Support Services 13.44 Coordinator 24630 - Homemaker 14.44 25000 - Plant And System Operations Occupations 25010 Boiler Tender 27.31 25040 Sewage Plant Operator 23.29 25070 Stationary Engineer 27.31 25190 Ventilation Equipment Tender 20.58 25210 Water Treatment Plant Operator 23.29 27000 - Protective Service Occupations 27004 - Alarm Monitor 22.01 27007 Baggage Inspector 17.55 27008 Corrections Officer 23.96 27010 Court Security Officer 25.24 27030 Detection Dog Handler 22.01 IGC 65925, DoL, SCA, Wage Determination No. 2005-2569, Rev. 15, 06/19/2013 Page 10 27040 Detention Officer 23.96 27070 Firefighter 25.75 27101 Guard I 17.55 27102 Guard II 22.01 27131 Police Officer I 28.67 27132 Police Officer II 31.84 28000 - Recreation Occupations 28041 Carnival Equipment Operator 15.64 28042 Carnival Equipment Repairer 16.71 28043 Carnival Equpment Worker 11.72 28210 Gate Attendant/Gate Tender 14.01 28310 Lifeguard 11.90 28350 Park Attendant (Aide) 15.66 28510 Recreation Aide/Health Facility Attendant 11.35 28515 Recreation Specialist 19.27 28630 Sports Official 12.47 28690 Swimming Pool Operator 22.22 29000 - Stevedoring/Longshoremen Occupational Services 29010 - Blocker And Bracer 27.81 29020 Hatch Tender 27.81 29030 Line Handler 27.81 29041 Stevedore I 25.82 29042 Stevedore II 29.78 30000 - Technical Occupations 30010 Air Traffic Control Specialist, Center (HFO) (see 2) 35.77 30011 Air Traffic Control Specialist, Station (HFO) (see 2) 24.66 30012 Air Traffic Control Specialist, Terminal (HFO) (see 2) 27.16 30021 Archeological Technician I 16.14 30022 Archeological Technician II 18.43 IGC 65925, DoL, SCA, Wage Determination No. 2005-2569, Rev. 15, 06/19/2013 Page 11 30023 24.07 30030 25.48 30040 24.78 30061 16.14 30062 18.43 30063 20.55 30064 24.77 30081 16.35 30082 18.35 30083 20.53 30084 25.43 30085 31.11 30086 38.46 30090 22.34 30210 23.90 30240 22.36 30361 17.77 30362 22.02 30363 26.94 30364 32.59 30390 22.36 30461 22.20 30462 27.15 30463 32.85 30491 22.74 30492 27.51 30493 32.97 Archeological Technician III Cartographic Technician Civil Engineering Technician Drafter/CAD Drafter/CAD Drafter/CAD Drafter/CAD Engineering Engineering Engineering Engineering Engineering Engineering Operator I Operator II Operator III Operator IV Technician I Technician II Technician III Technician IV Technician V Technician VI Environmental Technician Laboratory Technician Mathematical Technician Paralegal/Legal Paralegal/Legal Paralegal/Legal Paralegal/Legal Assistant Assistant Assistant Assistant Photo -Optics Technician Technical Writer I Technical Writer II Technical Writer III Unexploded Ordnance (UXO) Unexploded Ordnance (UXO) Unexploded Ordnance (UXO) Technician Technician Technician IGC 65925, DoL, SCA, Wage Determination No. 2005-2569, Rev. 15, 06/19/2013 Page 12 30494 22.74 30495 22.74 30620 20.55 Surface Programs 30621 - Weather Observer, Senior 20.75 31000 - Transportation/Mobile Equipment Operation Occupations 31020 Bus Aide 11.43 31030 Bus Driver 16.99 31043 Driver Courier 12.52 31260 Parking and Lot Attendant 10.69 31290 Shuttle Bus Driver 13.65 31310 Taxi Driver 11.88 31361 Truckdriver, Light 13.65 31362 Truckdriver, Medium 14.80 31363 Truckdriver, Heavy 21.02 31364 Truckdriver, Tractor -Trailer 21.02 99000 - Miscellaneous Occupations 99030 Cashier 10.64 99050 Desk Clerk 9.81 99095 Embalmer 24.57 99251 Laboratory Animal Caretaker I 12.19 99252 Laboratory Animal Caretaker II 13.28 99310 Mortician 24.57 99410 Pest Controller 21.01 99510 Photofinishing Worker 11.95 99710 Recycling Laborer 16.23 99711 Recycling Specialist 19.82 99730 Refuse Collector 14.49 99810 Sales Clerk 12.30 Unexploded (UXO) Unexploded (UXO) Weather Observer, Safety Escort Sweep Personnel Combined Upper Air Or (see 2) (see 2) IGC 65925, DoL, SCA, Wage Determination No. 2005-2569, Rev. 15, 06/19/2013 Page 13 99820 School Crossing Guard 14.43 99830 Survey Party Chief 23.63 99831 Surveying Aide 14.85 99832 Surveying Technician 20.32 99840 Vending Machine Attendant 16.41 99841 Vending Machine Repairer 20.45 99842 Vending Machine Repairer Helper 16.41 ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS: HEALTH & WELFARE: $3.81 per hour or $152.40 per week or $660.40 per month VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 5 years, 4 weeks after 10 years, and 5 weeks after 20 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173) HOLIDAYS: A minimum of ten paid holidays per year, New Year's Day, Martin Luther King Jr's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4174) THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING: 1) Does not apply to employees employed in a bona fide executive, administrative, or professional capacity as defined and delineated in 29 CFR 541. (See CFR 4.156) 2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you work at night as part of a regular tour of duty, you will earn a night differential and receive an additional 10% of basic pay for any hours worked between 6pm and 6am. If you are a full-time employed (40 hours a week) and Sunday is part of your regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday premium of 25% of your basic rate for each hour of Sunday work which is not overtime (i.e. occasional work on Sunday outside the normal tour of duty is considered overtime work). IGC 65925, DoL, SCA, Wage Determination No. 2005-2569, Rev. 15, 06/19/2013 Page 14 HAZARDOUS PAY DIFFERENTIAL: An 8 percent differential is applicable to employees employed in a position that represents a high degree of hazard when working with or in close proximity to ordinance, explosives, and incendiary materials. This includes work such as screening, blending, dying, mixing, and pressing of sensitive ordance, explosives, and pyrotechnic compositions such as lead azide, black powder and photoflash powder. All dry -house activities involving propellants or explosives. Demilitarization, modification, renovation, demolition, and maintenance operations on sensitive ordnance, explosives and incendiary materials. All operations involving regrading and cleaning of artillery ranges. A 4 percent differential is applicable to employees employed in a position that represents a low degree of hazard when working with, or in close proximity to ordance, (or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands, face, or arms of the employee engaged in the operation, irritation of the skin, minor burns and the like; minimal damage to immediate or adjacent work area or equipment being used. All operations involving, unloading, storage, and hauling of ordance, explosive, and incendiary ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordance, explosives, and incendiary material differential pay. ** UNIFORM ALLOWANCE ** If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance: The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs. The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition, April 2006, IGC 65925, DoL, SCA, Wage Determination No. 2005-2569, Rev. 15, 06/19/2013 Page 15 unless otherwise indicated. Copies of the Directory are available on the Internet. A links to the Directory may be found on the WHD home page at http://www.dol.gov/esa/whd/ or through the Wage Determinations On -Line (WDOL) Web site at http://wdol.gov/. REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form 1444 (SF 1444)} Conformance Process: The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees The conformed classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract. {See Section 4.6 (C)(vi)} When multiple wage determinations are included in a contract, a separate SF 1444 should be prepared for each wage determination to which a class(es) is to be conformed. The process for preparing a conformance request is as follows: 1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s). 2) After contract award, the contractor prepares a written report listing in order proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work. 3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4). 4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request. 5) The contracting officer transmits the Wage and Hour decision to the contractor. IGC 65925, DoL, SCA, Wage Determination No. 2005-2569, Rev. 15, 06/19/2013 Page 16 6) The contractor informs the affected employees. Information required by the Regulations must be submitted on SF 1444 or bond paper. When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to insure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination. IGC 65925, DoL, SCA, Wage Determination No. 2005-2569, Rev. 15, 06/19/2013 Page 17