Service Solicited - 2010 - Alloway Electric Company - Street Light conversion to LED
CONTRACT FOR LED LIGHTING PROJECT FOR THE CITY OF EAGLE
THIS CONTRACT, made and entered into this 12th day of October, 2010, by and
between the City of Eagle, Ada County, Idaho, a municipal corporation duly organized and
existing under and by virtue of the laws of the State of Idaho, hereinafter referred to as
"OWNER," and, Alloway Electric Company, an Idaho Limited Liability Company duly
organized and existing under and by virtue of the laws of the State of Idaho, with its place of
business in Boise, Idaho, hereinafter referred to as "CONTRACTOR".
WITNESSETH, that the parties hereto for the consideration herein named, do mutually agree
as follows:
1. SCOPE OF WORK:
OWNER engages CONTRACTOR to perform the work associated with replacement of
approximately One Hundred Twenty-Five high pressure sodium lamps and ballasts with LED
luminaires, and other related work as set forth in the Contractor's bid awarded by the City
Council on September 28, 2010, referred to herein as the "Project."
2. PAYMENT:
OWNER agrees to pay CONTRACTOR for CONTRACTOR's services rendered under
this Contract an amount not to exceed the total sum of Ninety Six Thousand Dollars ($96,000.00) for
acceptable completion of the Project. The Project shall be completed within thirty (30) days of
the start date. The parties agree that CONTRACTOR will invoice OWNER for payment under
this Contract for services rendered hereunder as follows;
Pursuant to Idaho Code *67-2302, this is a reimbursement contract whereby the
CONTRACTOR will receive payment once the OWNER has received payment from the funding
agency for each payment request approved~by the OWNER then submitted to said funding agency.
No interest shall accrue on any invoice during the time from submittal of the invoice to the OWNER
until such time reimbursement is received from the funding agency and then remitted by the OWNER
to the CONTRACTOR.
3. CONTRACT TIME:
The project shall be completed within thirty (30) days of the start date.
4. CONlRACTOR'S RESPONSIBILITIES:
The CONTRACTOR shall perform all labor, and provide all material and equipment
necessary to produce the construction required by the Contract Documents. The
CONlRACTOR shall:
A. Supervise and direct the work, using his best skill and attention, and diligently and
continuously work on the construction to ensure prompt completion. He shall be solely
responsible for all construction means, methods, techniques, sequences, and procedures, and
for coordinating all portions of the work under the Contract.
CONTRACT FOR LED LIGHTING PROJECT FOR THE CITY OF EAGLE - 1
B. Provide all labor, materials, tools, permits, construction equipment and
machinery, water, heat, utilities, transportation and other facilities and services necessary for
the proper execution and completion of the work.
c. Warrant to the OWNER that all materials and equipment furnished under this Contract
will be new, unless otherwise specified, and that all work will be of good quality, free from
faults and defects and in conformance with the Contract Documents.
D. Be responsible to the OWNER for the acts and omissions of all the
CONTRACTOR's employees and all subcontractors, their agents and employees, and all other
persons performing any of the work on behalf of the CONTRACTOR. The
CONTRACTOR shall indemnify and hold harmless the OWNER from any and all damage
or injury of every description arising out of or in connection with the work to be performed under
this Contract.
E. Confine operations at the site of construction to areas provided by law,
ordinances, permits and the Contract Documents, and shall not unreasonably encumber the
site with any materials or equipment.
F. Keep the premises free from accumulation of waste materials or rubbish caused by his
operations. At the completion of the work he shall remove all of his waste material and
rubbish on or about the project, as well as all his tools, construction equipment, machinery
and surplus materials, and shall leave the building and job site "broom-clean", or its
equivalent, except as otherwise specified, and if the CONTRACTOR fails to clean
up, OWNER may do so and charge the costs to the CONTRACTOR.
G. Contract responsibility shall include all contracting and scheduling duties,
supervision, OWNER and OWNER representative meetings.
H. The CONTRACTOR shall maintain at all times discipline among
CONTRACTOR's employees and subcontractors and shall not employ any person unfit or not
capable of performing work on this project to acceptable standards.
I. The CONTRACTOR shall pay all applicable taxes for which CONTRACTOR is
responsible as required by law or as otherwise agreed under this contract.
J. The CONTRACTOR shall comply with all laws, ordinances, rules and regulations or
orders of all public authorities relating to the performance of the work herein.
K. The CONTRACTOR accepts full responsibility for acts or omissions of all of
CONTRACTOR's employees and subcontractors doing work on this project. The
CONTRACTOR shall deliver its one year limited warranty certificate to OWNER after final
payment has been made to CONTRACTOR.
L. The CONTRACTOR shall utilize recycling efforts whenever reasonably possible.
M. This public works project is fmanced in part by federal aid funds; therefore, the
CONTRACTOR shall utilize applicable wage determinations and labor standards as
CONTRACT FOR LED LIGHTING PROJECT FOR THE CITY OF EAGLE - 2
established by the Secretary of Labor, United States Department of Labor (Davis-Bacon; refer
to federal wage determinations. Any documentation or certifications necessary for the federal
Davis-Bacon or related statutes shall be provided by the CONTRACTOR.
N. The CONTRACTOR must comply with the Buy American Clause as set forth in 2
CFR 176.140 (American Recovery and Reinvestment Act of 2009)("ARRA"). Any
documentation or certifications necessary for the ARRA shall be provided by
CONTRACTOR.
5. INDEPENDENT CONTRACTOR RELATIONSHIP:
CONTRACTOR is an independent contractor and is not an employee, servant, agent, partner,
or joint venturer of OWNER. OWNER shall determine the work to be done by
CONTRACTOR, but CONTRACTOR shall determine the means by which it
accomplishes the work specified by OWNER. CONTRACTOR is not eligible for, and shall
not participate in, any employee pension, health, or other fringe benefit plans of OWNER.
6. ASSIGNMENT:
It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have
the right to assign, transfer, hypothecate or sell any of its rights under this Agreement
except upon the prior written express consent of the OWNER.
7. DISCRIMINATION PROHIBITED:
In performing the Services required herein, CONTRACTOR shall not discriminate
against any person on the basis of race, color, religion, sex, national origin or ancestry,
age or physical handicap.
8. TERMINATION FOR CAUSE:
If, through any cause, CONTRACTOR shall fail to fulfill in a timely and proper manner its
obligations under this Agreement, or if the CONTRACTOR shall violate any of the covenants,
agreements, or stipulations of this Agreement, OWNER shall thereupon have the right to terminate
this Agreement by giving written notice to the CONTRACTOR of such termination and specifying
the effective date thereof at least fifteen (15) days before the effective date of such termination. If
this Agreement is terminated for cause, the CONTRACTOR shall be entitled to receive just and
equitable compensation for any work satisfactorily completed hereunder.
Notwithstanding the above, CONTRACTOR shall not be relieved of liability to OWNER for
damages sustained by OWNER by virtue of any breach of this agreement by the CONTRACTOR,
and OWNER may withhold any payments to CONTRACTOR for the purposes of set-offlUltil such time
as the exact arnolU1t of damages due the OWNER from CONTRACTOR is determined This provision
shall survive the termination of this Agreement and shall not relieve CONTRACOlR of its liability to
OWNER for damages, provided that the amount of such damages shall not exceed the total
compensation provided for in Section 2 of this Agreement.
If OWNER or its representatives fail to make necessary decisions throughout the projects, delay
decisions and negatively impact the CONTRACTOR's ability to complete the projects satisfactorily
or in a timely manner, or fail to make payments as per the attached schedule, CONRT ACTOR
CONTRACT FOR LED LIGHTING PROJECT FOR THE CITY OF EAGLE - 3
may terminate the Agreement in the same manner and under the same payment conditions as above.
9. FEDERAL, STATE, AND LOCAL PAYROLL TAXES:
Neither federal, state or local income taxes, nor payroll taxes of any kind shall be withheld and
paid by OWNER on behalf of CONTRACTOR or the employees of CONTRACTOR.
CONTRACTOR shall not be treated as an employee of OWNER with respect to the services
performed hereunder for federal or state tax purposes. CONTRACTOR understands that
CONTRACTOR is responsible to pay all taxes owed by CONTRACTOR in accordance with
applicable federal, state and local laws.
10. LICENSES AND LAW:
CONTRACTOR represents that CONTRACTOR possesses the skill and experience necessary and
all licenses and authorizations required to perform the services under this Contract. CONTRACTOR
further agrees to comply with all applicable laws, ordinances, and codes of the Federal, State and
local governments in the performance of the services
hereunder.
11. WORKER'S COMPENSATION:
CONTRACTOR shall maintain in full force and effect worker's compensation coverage for
CONTRACTOR and any agents, employees, and staff that the CONTRACTOR may employ as
required by Title 72, Idaho Code, and provide proof to OWNER of such coverage. If
CONTRACTOR fails to maintain such insurance during the term of this Contract,
CONTRACTOR shall indemnify OWNER against any loss resulting to OWNER from such
failure.
12. EQUIPMENT, TOOLS, MATERIALS OR SUPPLIES:
CONTRACTOR shall supply, at CONTRACTOR's sole expense, all equipment, tools,
materials and/or supplies to accomplish the services to be provided under this Contract.
13. EFFECTIVE DATE:
This Contract shall be effective upon approval and execution by OWNER and
CONTRACTOR.
14. WARRANTY:
CONTRACTOR warrants that all materials and goods supplied under this Contract shall be of
good merchantable quality and that all services will be performed in a good workmanlike
manner and in accordance with all applicable, laws, rules, and regulations. CONTRACTOR
acknowledges that it will be liable for any breach of this warranty and shall correct any such
breach and indemnify OWNER against any loss resulting to OWNER from such breach.
CONTRACT FOR LED LIGHTING PROJECT FOR THE CITY OF EAGLE - 4
15. INDEMNIFICATION:
CONTRACTOR agrees to indemnify, defend, and hold harmless OWNER, and its officers,
agents and employees, from and against any and all claims, losses, actions, or judgments for
damages or injury to persons or property arising out of or in connection with the act and/or any
performances or activities of CONTRACTOR, CONTRACTOR's agents, employees, or
representatives under this Contract.
16. INSURANCE:
CONTRACTOR agrees to obtain and keep in full force and effect during its acts under this
Contract a comprehensive general liability insurance policy in the minimum amount of
$500,000.00 per occurrence, which shall name and protect CONTRACTOR, all CONlRACTOR's
employees, OWNER, and its officers, agents and employees, from and against any and all claims,
losses, actions, and judgments for damages or injury to persons or property arising out of or in
connection with the CONTRACTOR's acts. CONTRACTOR shall provide proof of liability
coverage as set forth above to OWNER prior to commencing its performance as herein provided,
and CONTRACTOR shall require CONTRACTOR's insurer to notify OWNER ten (10) days
prior to cancellation of said policy.
17. CHANGE ORDERS:
OWNER reserves the right to order work changes in the nature of additions, deletions, or modifications,
without invalidating this Contract, and agrees to make corresponding adjustments in the
Contract Price and time for completion. All changes will be authorized by a written change
order signed by OWNER and CONTRACTOR. The change order will include conforming changes
in the agreement contract and completion time. Work shall be changed, and the Contract Price and
completion time shall be modified only as set out in the written change order. Any adjustment in
the Contract Price resulting in a credit or a charge to OWNER shall be determined by mutual
agreement of the parties, or by arbitration, before starting the work involved in the change.
18. WARRANTY:
CONTRACTOR agrees to warrant for a period of one (1) year from the date of the agreement's
substantial completion, all labor and materials furnished in the construction to be free from any and
all defects. In the event a defect occurs, OWNER shall notify CONlRACTOR in writing and
CONTRACTOR agrees to cure said defect within fifteen (15) days of the notice. Costs of
curing any such defect shall be borne by CONTRACTOR.
19. NONWAIVER:
Failure of either party to exercise any of the rights under this Contract, or breach thereof, shall not be
deemed to be a waiver of such right or a waiver of any subsequent breach.
20. CHOICE OF LAW:
This Contract shall be governed by the laws and statutes of the State of Idaho. Any
dispute under this Contract, or related to this Contract, shall be decided in accordance
CONTRACT FOR LED LIGHTING PROJECT FOR THE CITY OF EAGLE - 0
with the laws of the State of Idaho.
21. AMENDMENT:
This Contract can only be modified or amended in writing under mutual agreement by both parties.
22. SEVERABILITY:
If any part of this Contract is held unenforceable, the remaining portions of the Contract will
nevertheless remain in full force and effect.
23. ARBITRATION:
All claims, disputes, and other matters in question arising out of, or relating to this contract, or
the breach thereof, shall be decided by arbitration unless the parties othelWise mutually agree in
writing. No arbitration arising out of or relating to this contract shall include, by consolidation,
joinder or in any other manner, any additional party not a party to the contract, except by written
consent containing a specific reference to this contract and signed by all the parties hereto" Any
consent to arbitration involving an additional party or parties shall not constitute consent to
arbitration of any dispute not described therein. This provision for arbitration, and any agreement to
arbitrate with an additional party or parties duly consented to by the parties hereto, shall be
specifically enforceable under the prevailing arbitration law of the State of Idaho.
j\. Notice of the demand for arbitration shall he filed in writing with the other party to this
contract. The demand shall be made within ten (10) business days after the claim, dispute, or other
matter in question has arisen or discovered by the claiming Party. In no event shall the demand
for arbitration be made after the date when institution of legal or equitable proceedings based on
such claim, dispute, or other matter in question, would be barred by the applicable statute of
limitations.
B. The Parties shall mutually agree on an arbitrator. If the Parties cannot agree on an
arbitrator, the Parties shall submit a list of arbitrators to the Ada County Board of
Commissioners who will select an arbitrator. The arbitrators shall then render their
decision and make their award in accordance with the above mentioned Construction Industry
Arbitration Rules and the Idaho Uniform Arbitration Act, Idaho Code Section 7-901 et seq. The
party prevailing in such arbitration shall be entitled to recover reasonable attorney's fees incurred in
such arbitration proceedings.
25. BINDING EFFECT:
This Contract shall be binding upon and inure to the benefit of the parties hereto, their respective
successors, heirs, executors, assigns, and legal representatives.
26. ENTIRE AGREEMENT:
This contract represents the entire and integrated agreement between OWNER and
CONTRACTOR, and supersedes all prior estimates, negotiations, representations, agreements,
or prior understandings either written or oral. This contract may be amended only by written
instrument signed by both the OWNER and the CONTRACTOR. CONlRACTOR shall also abide
by all the requirements set forth in Attachment B of the Request for Proposals" Standard Federal
CONTRACT FOR LED LIGHTING PROJECT FOR THE CITY OF EAGLE - I
Provisions For Contracts and Agreements Funded by the American Recovery and Reinvestment
Act. Such requirements are attached hereto as Exhibit A and incorporated by reference herein. To
the extent such federal provisions require documentation and certification of compliance
therewith; CONTRACTOR shall be responsible for providing such documentation and/or
certification to OWNER.
27. NOTICES:
Any notice provided for or concerning this agreement shall be in writing and be deemed sufficiently
given when sent by certified or registered mail if sent to the respective address of each party as
set forth at the beginning of this agreement.
28. TIME OF THE ESSENCE:
It is specifically declared and agreed that time is of the essence of this Agreement.
29. NO WAIVER:
No waiver of any breach by either party of the terms of this Agreement shall be deemed a waiver of
any subsequent breach of the Agreement.
30. PREPARATION OF AGREEMENT:
No preswnption shall exist in favor of or against any party to this Agreement as the result of the
drafting and preparation of the docrnnent.
31. PARAGRAPH HEADINGS:
The titles to the paragraphs of this Contract are solely for the convenience of the parties and shall
not be used to explain, modify, simplify, or aid in the interpretation of the provisions of this
Contract.
32. ATTORNEY FEES:
Should any litigation be commenced between the parties hereto concerning this
Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted,
to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate agreement.
33. CONTRACT DOCUMENTS:
The Contract Documents as used on this Agreement are:
A. This Agreement;
B. Contractor's Bid;
c. City of Eagle's RFQ for the Project; and
D. Attachment B of the RFQ - ARRA
CONTRACT FOR LED LIGHTING PROJECT FOR THE CITY OF EAGLE - 2
34. AUTHORIZATION:
The undersigned representative of CONTRACTOR certifies that s/he is an authorized agent
of CONTRACTOR and has been duly authorized to bind CONTRACTOR to the terms of this
Contract.
DA'fED this ~ day of October, 2010.
Alloway Electric Company
an Idaho Limited Liability Company
By:
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Name:
Title:
OWNER:
CITY OF EAGLE, a Municipal Corporation By:
Name:
Title: Acting Mayor
ro . Bergmann
City Clerk/Treasurer
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ATTEST:
CONTRACf FOR LED LIGHTING PROJECT FOR THE CITY OF EAGLE - 3
GENERAL SPECIFICATIONS
CITY OF EAGLE
2010 L.E.D. STREET LIGHT CONVERSION PROJECT
1. GENERAL INFORMATION
All work shall conform to the requirements of Division 1, General Conditions, of the 2010
Edition of the Idaho Standards for Public Works Construction (ISPWC), the Supplementary
Conditions and these Specifications. Prior to bidding the Contractor shall become familiar with
these documents to ensure full understanding of the requirements of this Project. Failure to do
so does not relieve the Contractor of the duties, obligations and responsibilities addressed
within these documents.
Only the light source of the decorative street light is to be retrofitted to a light emitting diode
(L.E.D) luminaire. No other light types are acceptable. The City of Eagle project includes Acorn
globe type Holophane Granville ™ 100W or 150W Watt high pressure sodium light fixture
(GV10 (or 1s)AHPMTAN7NNU). The light poles are 12'-6/1 high from base to top, (Holophane
ZW 12FS 17CA DGH FGIU5).
2. L.E.D. LUMINAIRE RETROFIT KITS
2.1. SCOPE
Provide LED retrofit kits for complete replacement of high pressure sodium luminaires in
existing street lights. The resulting system must provide photometric readings comparable
to the IES minimum required light level recommendations for roadway lighting design. The
manufacturer shall provide LM79 certification that the retrofit kit will provide the
photometry required using the City's existing Granville globe as indicated.
2.2. Materials
2.2.1. LUMINAIRES
2.2.1.1. Each luminaire retrofit kit shall consist of an assembly that utilizes LED's
as the light source. A complete retrofit kit shall consist of the LED array, an
electronic driver, heat sink, and minimum lOK surge module that will fit
within the existing fixture housing to maintain the original design and
appearance of the existing street light assembly. No component of the kit
may be installed outside of the original globe and pole assembly.
2.2.1.2. LED's shall have a lumen maintenance rating of 70% (L70) of their initial
illumination after 50,000 hours of use with a 400C ambient operating
temperature and calculated at an average operating time of 11.5 hours per
day as defined by Illuminating Engineering Society of North America (IESNA)
standard LM-80-08. Failure to be defined per the l70 requirement of that
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Page 20f6
standard with no more than 10% of non-functioning LED's failing the standard
at 50,000 hrs.
2.2.1.3. Color Rendering Index shall be a minimum of 70.
2.2.1.4. The LED's junction temperature must be calculated to stay below 95% of
the lifetime critical junction operating temperature at which the normal light
output of the LED begins to degrade due to thermal damage, operating within
the luminaire globe at thermal stabilization.
2.2.1.5. Thermal management shall be passive by design and contained within
the existing fixture housing without adding the use of additional materials
acting as heat sinks to the exterior of the fixture. The use of fans or other
mechanical devices shall not be allowed.
2.2.1.6. Correlated Color Temperature (CCT) shall be between 4000K and SOOOK
with no more than 300 K variance between fixtures to provide a uniform
appearance throughout the project installations. Binning of LEDs shall
conform to ANSI/ G NEMA SSL 3-2010.
2.2.1.7. The individual LED's shall be constructed such that a catastrophic loss or
failure of one LED will not result in the loss of the entire luminaire while
continuing to provide uniform illumination.
2.2.1.8. Luminaires shall be constructed such that LED modules may be replaced
or repaired without requiring the replacement of the entire luminaire.
2.2.1.9. Each luminaire shall be listed with Underwriters Laboratory, Inc. under UL
1598 for outdoor luminaire safety, or an equivalent standard from a
nationally recognized testing laboratory.
2.2.1.10. The heat sink material shall be extruded aluminum and the LEDs
themselves must be directly attached to the heat sink ensuring effective
thermal management. The LED's may not include any type of covers.
2.2.1.11. The LEDs used in the luminaire retrofit kit shall produce a minimum of 75
lumens per watt (at 120V). The LED retrofit kit shall consume no more than
60 watts (at 120V) while delivering more than 4300 lumens (delivered
lumens). The LED retrofit kit must provide uniform illumination where the
light is centered within the acorn globe.
2.2.1.12. All components must be rated to operate normally within the range of
-300( to 40C.
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2.2.1.13. The fixture must meet UL rain test requirements. An effective gasket
must be incorporated to seal between the globe and the top of the pole base
to ensure a seamless appearance while meeting all UL 1598 requirements.
2.2.2. DRIVERS (POWER SUPPLY)
2.2.2.1. The driver Mean Time to Failure (MTTF) life rating of 100,000 hours is
required.
2.2.2.2. The luminaire driver shall not consume power in the "off" state.
2.2.2.3. All components for the fixtures shall be tested and UL listed at -250 C. to
400C. for normal operation. Case temperature shall not exceed the driver
manufacturers published thermal guidelines within the ambient temperatures
shown.
2.2.2.4. Operation Voltage: The luminaire shall operate from a 60HZ:t3 HZ AC line
over a voltage ranging from 108 VAC to 305 VAC. The fluctuations of line
voltage shall have no visible effect on the luminous output.
2.2.2.5. The luminaire shall have a power factor of 0.90 or greater.
2.2.2.6. Drivers shall have a 0 decibel (dB) rating.
2.2.2.7. RF interference: LED drivers must meet class A emission limits referred to
in Federal Communications Commission (FCC) Title 47, Subpart B, Section 15
regulations concerning the emission of electronic noise.
2.2.3. SURGE PROTECTION
2.2.3.1. The luminaires on board circuitry shall include surge protection devices
(SPD) to withstand high repetition noise transients as a result of utility line
switching, nearby lighting strikes, and other interference. The SPD shall
include internal fusing to protect the luminaire from damage and failure for
common mode transient peak voltages up to 10 kV (minimum) and transient
peak currents up to 5 kV (minimum). SPD shall conform to UL 1449, or UL
1283, depending on the components used in the design. SPD performance
shall be tested per procedures in ANSI/IEEE C62.41-1992 (or current edition)
for category C (standard). The SPD shall fail in such a way as the luminaire will
no longer operate. The SPD shall be field replaceable.
2.2.4. CONNECTIONS
Page 3of6
2.2.4.1. All internal connections within the retrofit kit and connections to the
existing street lights and the electrical system shall be accomplished using
standard connections and fittings, meeting NEC standards. These connections
must be robust, and utilize vibration resistant mechanisms.
2.2.5. RETROFIT KIT MOUNTING
2.2.5.1. The manufacturer shall supply, with each retrofit kit, the necessary parts
and materials needed to mount the luminaire, drivers, surge suppression and
all pertinent parts in the existing ballast enclosures. There are multiple ballast
enclosure types in the City's street light system; therefore the retrofit kit
mounting must include appropriate hardware/brackets sufficient to
accommodate the various configurations.
2.2.5.2. The retrofit kit shall be a single, self-contained device, not requiring on-
site assembly for installation. The power supply and surge suppressor shall be
integral to the unit.
2.2.5.3. The maximum weight of the retrofit kit shall be 9 Ibs.
2.2.5.4. The assembly and manufacturing process for the LED retrofit kit shall be
designed and tested to meet a 3G vibration rating (bridges and overpasses) to
withstand mechanical shock and vibration from high winds, traffic and other
sources.
2.2.6. WARRANTY
2.2.6.1. The manufacturer shall provide full warranty covering parts for any
failure within five (5) years for the retrofit kit. The warranty shall commence
upon installation of the retrofit kit.
2.2.7. TESTING AND SUBMITTALS
2.2.7.1. Testing to confirm that the LED's junction temperature does not exceed
95% of the lifetime critical junction temperature. Provide critical junction
temperatures and supporting drawings as published by the LED manufacturer
to support their LED lifetime specifications. The luminaire retrofit kit
manufacturer shall provide test data to show heat sink temperatures and
thermal pad temperatures. The luminaire retrofit kit manufacturer shall use
this data and the LED manufacturer's data to provide the calculated junction
temperature.
2.2.7.2. Independent, third party laboratory (UL) certification shall be labeled and
displayed on the retrofit kit, to satisfy the conditions required by the City of
Page 4 of 6
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Eagle electrical inspector. Manufacturers of LED retrofit kit shall demonstrate
a suitable testing program incorporating high heat, high humidity and thermal
shock test regimens to ensure system reliability and to substantiate lifetime
claims. The use of IESNA LM-80 data to predict luminaire lifetime is not
acceptable.
2.2.7.3. At time of manufacture, electrical and light technical properties shall be
recorded for each retrofit kit. At a minimum, this should include lumen
output, CCT, and CRI. Each luminaire shall utilize a unique serial numbering
scheme. Technical properties must be made available for a minimum of 7
years after the date of manufacture.
2.2.7.4. Photometric performance shall be verified through submission of a test
report from an accredited testing facility, and conducted per the standards
set in IESNA LM-79-80.
2.2.7.5. LED manufacturer's Reliability Data sheet shall be submitted to verify the
critical junction temperature and to define the L70 end of life standard as per
LM-80-08.
2.3. WORKMANSHIP
2.3.1. The manufacturer shall provide installation training, as required, to the licensed
electrical contractor, for the installation procedure and process prior to notice to proceed
on this project.
3. L.E.D. RETROFIT KIT INSTALLATION
3.1. SCOPE
3.1.1. This section compiles the necessary requirements and procedures for the
installation of the L.E.D. retrofit kit to replace high pressure sodium luminaires in
existing globe type street lights. An electrical permit from the State of Idaho may
be required. Permit fees will be the contractor's responsibility.
3.2. MATERIALS
3.2.1. All materials removed from the existing fixtures, high pressure sodium lamps,
ballasts, etc., shall be recycled to the fullest extent possible and non recyclables
shall be properly disposed of.
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3.3. WORKMANSHIP
3.3.1. The Contractor shall have an Idaho Contractor's license and an Idaho Public
Works License Class A or higher. The Contractor shall have certified fJaggers and
traffic control equipment to use as needed under its direct employ.
3.3.2. All work shall be completed by, or under, the direct supervision of a professional
electrician licensed by the State of Idaho and shall have a minimum of 10 years
experience working on municipal street light systems.
3.3.3. Work supervisor shall be trained by the manufacturer for the specific installation
requirements of the approved retrofit kit supplied.
3.3.4. Work in public right-of-way shall be permitted by Ada County Highway District
(ACHD), all requirements for traffic control and lane closures shall be strictly
followed. Cost for permits and traffic control shall be the contractorJs
responsibility.
3.3.5. Contractor shall provide a Responsible Person certified with training
documentation in Storm Water Pollution Prevention Plan (SWPPP) compliance and
OSHA safe working practices.
3.4. Warranty
3.4.1. The Contractor's warranty will include labor only for any defects in materials or
workmanship for a period of 1 year from the date of final acceptance of the
project.
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502 E. 45fb St.
Boise, Idaho 83714
Tel. (208) 344-2508 Fax (208) 345-9843
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August 23, 2010
City of Eagle
Public Works Department
Dear Ms. McCombs:
Alloway Electric is pleased to submit the enclosed proposal in response to the City's
request. As you will see while reviewing the enclosed documents, Alloway Electric is
uniquely qualified to provide the City of Eagle with a superior product together with
expert workmanship. Alloway Electric has been doing business in the Treasure Valley
since 1926 and has more than 30 years experience building and maintainine municipal
street lighting systems.
We at Alloway appreciate the opportunity to continue working with the City to improve
the quality of services provided to the citizens of Eagle with this exciting project.
Please contact me directly with any questions you may have regarding this bid package.
Sincerely,
~1 ~ --
Miles Elletson
Vice President
.
.
.
CITY OF EAGLE
2010 L.E.D. STREET LIGHT CONVERSION PROJECT
City of Eagle Public Works Department
Bid Schedule
BID ITEM UNIT COST PER UNIT APPROX. QTY. Total Amount Bid
lED Luminaire Conversion Kits 1 .#1,47. Cf2.. 125 .I gO, ,.lff). "!!-
lED Luminaire Kit Installation 1 1'7 a. 3g 125 ,2'"
~CJ/'''.
J
Total All Items Combined Total Bid
:l7.2'~25 if t:lfO I~". ~~
,
Total Bid Written in Words: 1J:~1y -f/atJIf.JMlJ "fit. j,~ bl;tr- ~X fJlAJ c:l%tI
Product is available no later than: 4 wultS UfJDt1 a.pproveJ SwblY':tkIS
Bidder Info:
I ~M..J: 7 ../~" /4f/'"
Idaho PW Contractor License No.: Pwe. - C - I 2.. .-J q ~ ., A - 4-
Company Name: AI'DWIP( eledT.c.. CD. :I:f\e,..
Address: ~O 2. € 45"'iJ ST
&'5L IO. 7.!7 .4-
Contact Name: N:'~s El/c,,+5oAJ
Contact Number: 2. 0" .344' 2..SD J
Email Address:rn".1e. 6 (;) Q.llt.lw6.y c.J 4.w-.'C. . CoD ""
Exp: 12. - 5/- 2 DJD
The undersigned bidder proposes and agrees, if this bid is accepted, to enter into an agreement with
the City of Eagle to perform all work as specified or indicated in the bidding documents for the prices
indicated in this bid and in accordance with all terms and conditions of the bidding documents.
Further, the bidder agrees that this bid will remain subject to acceptance for 60 days after the bid
opening} or for such longer period of time that the bidder may agree to in writing upon request of the
City of Eagle.
v: c,t..
Authorized Representative} Title
Pr's.~~ T
,., Z 5" 2.010
Date
K:\;::IU8LIC \:VOHKS\STHEE' lIG"-1! PRr))L_C:r 2(11 C1\8.i U SHE[T DOC
ENERGY EFFICIENCY/CONSERVATION BLOCK GRANT PROGRAM
CITY OF EAGLE
CONTRACT # CON00053
PROVISIONS
This contract, entered into between the OFFICE OF ENERGY RESOURCES
("Office") and City of Eagle ("Contractor"), an Idaho city, is made in reference to the
following facts:
RECIT ALS
1. Under Title IV of the American Recovery and Reinvestment Act 2009 (Public Law
111-5) ("ARRA") Congress appropriated moneys for the U.S. Department of Energy
("DOE") to issue formula-based grants to states, U.S. territories, units of local
government, and Indian tribes under the Energy Efficiency and Conservation Block
Grant ("EECBG") Program. DOE's authorization for this program is set forth in Title
V, Subtitle E of the Energy Independence and Security Act ("EISA") of 2007.
2. On March 26, 2009, the Department of Energy issued a Funding Opportunity
Announcement ("FOA"), Catalogue of Federal Domestic Assistance ("CFDA")
Number 81.128, which offered States the opportunity to apply for ARRA financial
assistance to fund projects under the EECBG. These projects would, among other
things, increase energy efficiency or the use of renewable energy sources.
3. The Office of Energy Resources applied to the U.S. Department of Energy for an
award of ARRA EECBG funding for financial assistance under CFDA Number 81.128
for several projects, including a competitive energy efficiency sub-grant project for
Idaho cities and counties that did not receive direct Energy Efficiency and
Page 1 of 11
Conservation Block Grants. On or about September 28, 2009, DOE issued Award No.
DE-EE0000814, authorizing the Office to proceed with the project.
4. On November 2, 2009 the Office of Energy Resources issued a Statewide Request for
Proposals for those cities and counties interested in this project. Proposals were due
on December 21, 2009 and selection was done in January, 2010. Contractor was
selected from respondents to the Request for Proposals.
5. Every project funded, including this one, must comply with a number of federal
requirements, including the National Environmental Policy Act ("NEPA"). This
proposal falls under Part I of the NEP A template, and DOE has determined that
projects in this category are excluded from the requirement for NEP A approval.
6. The Office of Energy Resources and Contractor desire to cooperate in the
implementation of the project referenced in the Recitals above by the execution of this
contract.
IN CONSIDERATION OF THE PROMISES MADE, THE PARTIES AGREE AS
FOLLOWS:
1. Definitions
1.1. The term "Contractor" means City of Eagle, 660 E. Civic Lane, Eagle, Idaho, 83616,
by and through its authorized representatives.
1.2. The term "Office" means the Office of Energy Resources, located at 322 E. Front
Street, Suite 560, Boise, Idaho 83702-7374. The mailing address is P.O. Box 83720,
Boise, Idaho 83720-0199. The Office of Energy Resources is the state energy office
for Idaho.
1.3. The term "ARRA" means the U.S. American Recovery and Reinvestment Act of
2009.
Page 2 of 11
1.4. The term "CFDA" means the Catalog of Federal Domestic Assistance.
1.5. The term "commission" means the process through which projects are inspected and
equipment is tested in order to make sure that projects are installed and constructed
according to design and standards and that equipment is properly installed and
working.
1.6. The term "EECBG" means Energy Efficiency and Conservation Block Grant.
1.7. The term "OMB" means the Office of Management and Budget.
1.8. The term "V.S.C." means the United States Code.
1.9. Other definitions are given in Attachments A and B as required.
2. Project Coordinators
2.1. The Contractor's Project Coordinator shall be Michael Echeita, Public Works
Director,
660
E.
Civic
Lane,
Eagle,
Idaho,
208-489-8777,
mecheita@cityofeagle.org. He shall be the Contractor's representative and shall
have full authority to act on behalf of the Contractor for all matters concerning this
Contract.
2.2. The Office's project coordinator shall be Eileen DeShazo, Energy Specialist, 322 E.
Front Street, Boise, Idaho. 208-287-4923, eileen.deshazo@oerjdaho.gov. She shall
be the Office's representative for the administration of this Contract
3. Contingency
This contract is contingent upon Contractor meeting all federal, state and local requirements
necessary for the project to qualify for funding under the ARRA including but not limited to
Buy-American, Davis-Bacon, NEPA, State Historic Preservation, and other laws and rules
stated in Attachments A and B. Contractor must also obtain and abide by all local and state
laws including but not limited to worker's compensation, Public Works and other required
Page 3 of 11
licensing, building codes, environmental, health, land use, zoning, permitting, tax laws and
all other applicable ordinances, rules and laws. If the Contractor has not provided assurance
of obtaining all necessary permits, permissions, licenses, and other necessary legal approvals
to the Office within six (6) months of execution of this contract, the Office may, in its sole
discretion, terminate this contract, de-obligate the funds, and apply the funds that were
obligated to this contract to another purpose allowed under the DOE award.
4. Statement of Purpose
The purpose of this contract IS to provide funding to Contractor to develop, initiate,
implement and complete the project described in this contract. All energy efficiency
improvements shall be performed in accordance with the requirements stated in Attachment
D. The Contractor will replace 175 existing High Pressure Sodium street lights with L.E.D
street lights.
5. Scope of Work
5.1. The Office shall:
5.1.1. Task 1: Provide contract and program administrative support to the
Contractor for project development and implementation.
5.1.2. Task 2: Act as liaison between the Contractor and the Executive Office of the
Governor of Idaho and its staff to publicize and promote this project.
5.1.3. Task 3: Monitor and analyze the project described in this contract.
5.1.4. Task 4: Provide financial support as described herein.
5.2 The Contractor shall:
5.2.1. Task 1: Select subcontractor(s). All subcontracts for construction (including
insulation and window replacement), electrical work, and HV AC installation
must comply with Davis-Bacon and, if for over $10,000 or more, must be
Page 4 of 11
performed by licensed Public Works contractor(s). All contractors must be
selected in accordance with Idaho Code Title 67-Chapter 28, PROVIDED
THAT contractors for construction projects may also be selected In
accordance with Idaho Code Title 67-2309 (design-build process).
5.2.2 Task 2: Order all necessary equipment.
5.2.3 Task 3: Replace existing street light with L.E.D. street lights.
5.2.4 Task 4: Commission project.
5.2.5 Task 5: Provide final report to the Office within 30 days of project
completion. Final payment on all tasks may be held until this report is
received and approved. The final report shall include:
. Accomplishments of the project;
. Photographs of the project before and after with identifying captions;
. Energy savings estimates or actual if available; and
. Local jobs created by the project.
6. Reports (Progress)
6.1 The Contractor shall submit a progress report through the 25th day of each man
no later than the last full business day of the month for all work performed un<
this contract since the beginning of the contract or the previous report.
6.2 These reports will be used by the Office for its reports to the U.S. Department of
Energy. They may also be used by the Office when audited pursuant to Idaho
Code Section 67 -450C and Federal Single Audit Act Amendments of 1996 (Title
31 V.S.C. Chapter 75) and OMB Circular A-133, to provide evidence of due
diligence by the Office in its expenditure of ARRA funds.
6.3 The Office is subject to multiple federal reporting requirements, and the specific
information that must be reported by the Contractor may change. Contractor
Page 5 of 11
agrees to comply with changed reporting requirements when requested by the
Office.
6.4 Each report shall be in Microsoft Word and shall contain:
6.4.1
6.4.2
6.4.3
6.4.4
6.4.5
6.4.6
6.4.7.
The Contractor's name and address;
The name of the Project;
A description of the Project;
The total amount of ARRA funds expended and the amount billed;
The number of hours worked on the Project; and
An evaluation of the completion status of the Project, including problems
encountered and the solutions to them.
Copies of Davis-Bacon weekly payroll reports of all subcontractors.
6.5. The report shall be submitted via email to the Office's Project Coordinator. The
Office may change this process at any time by written notice to the Contractor.
6.6 Time is of the essence in report delivery, and payment may be delayed by late
reports. Late report delivery is a material breach of contract and, in the sole
discretion of the Office, may result in immediate termination of this contract.
7. Deliverables
The performance of each task stated in Section 5.2 is a deliverable. Contractor's performance
and acceptance of this performance by the Office is the task completion upon which payment
depends. The progress reports required by Section 6 shall be updates on the work done in
completing the tasks defined in Section 5.2. The Office has the right to review progress
toward the deliverables for compliance with this contract, and to require changes to make the
deliverable comply prior to acceptance of the deliverable or progress toward completing the
deliverable. Continued payment pursuant to Section 8 depends on legitimate progress made
on completion of the deliverables, and final payment depends on their completion.
Page 6 of 11
8. Invoice(s) and Payment(s)
The parties agree that this contract is a price limited contract. The Office shall pay, and the
Contractor shall accept a maximum sum not to exceed NINETY SIX THOUSAND TWO
HUNDRED FIFTY DOLLARS AND NO CENTS ($96,250.00) as payment in full for the
work done under this contract.
8.1. The Contractor shall submit invoices to the Office on letterhead stationery. Each
invoice shall contain the Contractor's name, DUNS number, physical location and
mailing address, telephone number, the contract number from the first page of this
instrument, the dollar amount due and the submission date.
8.2. The Contractor's invoices shall be broken into budget categories as shown in
Attachment C, Contract Budget, and shall show the amount billed for, the total
previously billed and the balance yet to be billed in each category. Each budget
category shall be broken into component expenses such as staff payroll,
subcontractor payments, purchases, etc.
8.3. When Contractor incurs expenses under this contract in the previous month that are
sum certain and that Contractor is legally obligated to pay, Contractor shall invoice
the Office, PROVIDED THAT no invoice shall be submitted that exceeds the budget
stated in Attachment C for any category, and the Office will not pay any portion of
any invoice that exceeds the budget category stated in Attachment C.
8.4. The Office shall make every effort to approve and pay the invoices within twenty-
one (21) business days of receipt and acceptance of the deliverable(s) accompanying
the invoices, PROVIDED THAT the Office may, in its discretion, delay making
payment on any invoice until reports required by Section 6 are current to the date
Page 7 of 11
payment is made, and final payment on any budget category until the final report
required by Section 5.2 is received and approved.
9. Limitation of funds
The Contractor agrees that all obligations of the Office, including the continuance of
payments under this contract, are contingent upon the availability and continued appropriation
of funds, and that all obligations accrued and legally owing shall be paid. In the event state or
federal funds become unavailable as determined by the office, the Office may immediately
terminate this contract or amend it accordingly. (Section III Attachment A is restated here for
emphasis.)
10. Term
This contract shall take effect on the date of execution and shall continue in effect until
January 31, 2011, unless terminated earlier under the provisions of Attachment A.
11. General Terms and Conditions
The Contractor shall abide by all applicable terms and conditions contained in the "Standard
Contract Provisions, Office of Energy Resources," attached hereto as Attachment A and
incorporated by this reference.
12. Federal Provisions
The Contractor shall abide by all applicable terms and conditions contained in "Standard
Federal Provisions", written for use with all contracts and agreements funded by the ARRA.
This is attached hereto as Attachment B and incorporated herein by this reference.
13. Selection Procedure
This contract is awarded to Contractor in accordance with the selection procedures established
by the State of Idaho including a competitive Request for Proposals and rigorous evaluation
and selection process.
Page 8 of 11
14. Duplicate Originals
This contract is executed in duplicate. Each of the two documents with an original signature
of each party shall be an original. IIIIIIIII
Page 9 of 11
(THIS PAGE LEFT BLANK INTENTIONALLY)
Page 10 of 11
IN WITNESS THEREOF, the parties have executed this contract on the date specified below.
STATE OF IDAHO
OFFICE OF ENERGY RESOURCES
CONTRACTOR
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APPROVED AS TO FORM
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Ken Eklund
Legal Review
Page 11 of 11
March 15,2010
ATTACHMENT A
STANDARD CONTRACT PROVISIONS
IDAHO OFFICE OF ENERGY RESOURCES
I. DEFINITIONS
A. II Project Coordinator" shall mean that person appointed by the Office to administer this Contract on behalf
of the Office and the term includes, except as otherwise provided in this Contract, an authorized
representative of the Project Coordinator acting within the limits of his or her authority.
B. "Subcontractorll shall mean one, not in the employment of any party to this Contract, who is performing all
or part of those services under this Contract under agreement with the Contractor. The terms
"subcontractor" and "subcontractors" mean subcontractor(s) in any tier.
II. PROJECT COORDINATION
A. All communications given to a party's Project Coordinator shall be as binding as if given to the party.
B. The Office's administrator or anyone authorized to act on his or her behalf, may change the Office's
Project Coordinator at any time by written notice to the Contractor.
C. The Contractor's Project Coordinator shall be the entityls representative for all matters concerning this
Contract and shall have full authority to act on behalf of the Contractor, unless specified otherwise in the
main body of the Contract. The Contractor may change Contractor's Project Coordinator at any time by
written notice to the Office.
D. The Contractor may appoint an agent to administer this Contract by written communication to the Office.
In such a case, the Office will copy the Contractor's designated Project Coordinator on all communications
with the Contractor's administrator. The Contractor shall remain responsible for all decisions made by its
administrator, and for compliance with all terms of this Contract.
E. It shall be the obligation of Contractor's Project Coordinator and staff to communicate in a way that
promotes exchange of information and creates a productive and cordial project work environment. If the
Office has documented reason that the Contractor or staff are not meeting this communication requirement,
the Office may request that the Contractor to appoint another project manager and assign other staff, and
the Contractor shall take the action requested if possible, Of, if alternates are not possible, to take other
affirmative action to correct the situation. Failure to do so is a material breach of this agreement.
III. LIMITATION OF PROGRAM FUNDS
A. The Contractor acknowledges that the Office cannot obligate funds prior to obtaining funding approval.
B. The Office certifies that state or federal funds are present! y available and authorized for expenditure to pay
the portion of costs that will accrue during the current state or federal fiscal year or applicable grant period
and that all obligations accrued and legally owing shall be paid.
C. The Contractor agrees that all obligations of the Office, including the continuance of payments under this
Contract, are contingent upon the availability and continued appropriation of funds. In the event state or
federal funds become unavailable as determined by the Office, the Office may immediately terminate this
Contract or amend it accordingly. In no event shall the Office be liable for any payments in excess of
approved or appropriated funds available for this project.
Page 1 of 5
IV. TERMINATION FOR CONVENIENCE
A. Office's Right to Terminate for Convenience
1. The Office may terminate this Contract in whole or in part for its convenience. In such event the Office
shall serve a written Notice of Termination on the Contractor by deposit in the United States mail,
certified mail, return receipt requested, with proper postage affixed. Notice of Termination shall be
deemed served upon its receipt.
2. The Contractor shall not incur after the date of service of the Notice of Termination any noncancellable
obligations, except as authorized in the written Notice of Termination.
3. A Notice of Termination shall be effective for professional and other services authorized in the Contract
on the date of service of Notice of Termination.
4. If a Termination for the convenience of the Office is effected, an equitable adjustment in the payments,
if any, authorized in this Contract shall be made. Such adjustments shall provide for payment to the
Contractor for services rendered prior to the effective date of termination of the Contract and for all
noncancellable obligations incurred prior to receipt of a Notice of Termination.
5. If the Contractor owes payment to the Office for services under this Contract at the time of termination,
then such sums shall remain as obligations due and owing by Contractor to the Office.
B. Contractor's Right to Terminate for Convenience
1. The Contractor may terminate this Contract for its convenience as to any executory portion. In such
event the Contractor shall serve a written Notice of Termination on the Contractor by deposit in the
United States mail, certified mail, return receipt requested, with proper postage affixed. Notice of
Termination shall be deemed served upon its receipt.
2. If the Office owes payment for satisfactory contract performance at the time of Contractor's
termination, and does not incur cost because of the termination, then it shall pay amounts owing to
Contractor as provided by this Contract. If, however, in the Office's sole discretion, the termination
causes the Office to incur costs it would not have except for Contractor's termination it may deduct
such cost from payment made to the Contractor.
3. If the Contractor owes payment to the Office for services under this Contract at the time of termination,
then such sums shall remain as obligations due and owing by Contractor to the Office.
V. TERMINATION FOR DEFAULT
A. In addition to any termination of this Contract in accordance with Paragraph IV hereof, the Office may
terminate this Contract in whole or in part because of the failure of the Contractor to fulfill its obligations.
Upon receipt of such termination by the Office, the Contractor shall immediately discontinue all services
affected. Oral notice of termination by the Office is effective when given, but in such a case, the Office
shall confirm with written Notice of Termination by deposit in the United States mail, certified mail, return
receipt requested.
B. If a termination for default is effected, an equitable adjustment in the payments authorized in this Contract
shall be made. Such adjustments shall provide for payment to the Contractor for services rendered prior to
the effective date of termination of the Contract and for all noncancellable obligations incurred prior to
receipt of a Notice of Termination.
C. The rights and remedies of the Office provided in this Contract are in addition to any other rights and
remedies provided by law or under this Contract.
Page 2 of 5
VI. INDEMNIFICA TION
The Contractor agrees to indemnify and hold harmless the Office and the State of Idaho, its officers, agents or
employees from all liability and expense, including attorney fees, on account of claims, suits and costs growing
out of or connected with negligent acts, errors, or omissions by the Contractor or its employees, if any,
provided, however, that the Office shall not be relieved hereby from liability for its own negligence and that of
its employees.
VII. NO PERSONAL LIABILITY
Contractor specifically understands and agrees that in no event shall any official, officer, employee or agent of
the Office be personally liable for any representation, statement, covenant, warranty or obligation contained in,
or made in connection with, this Contract, express or implied.
VIII. TAXES
The Contractor, with respect to its employees and those of its subcontractors, if any, shall pay, indemnify and
hold the Office harmless from the payment of all taxes and contributions imposed by federal and state laws,
including social security taxes, with respect to said employees and their remunerations, including all interest and
penalties payable under said laws as the result of noncompliance therewith.
IX. WORKER'S COMPENSATION INSURANCE
Unless the Contractor is exempt under the provisions of I.C. ~ 72-212, the Contractor warrants that it has
purchased worker's compensation insurance for Contractor and all employees engaged in the performance of
this Contract and shall provide the Office with a Certificate of Insurance upon request by the Office. The
Contractor shall notify the Office's Project Coordinator within five (5) days of any change in the status of its
worker's compensation insurance.
X. LICENSES and OTHER LEGAL REQUIREMENTS
The Contractor shall obtain all licenses and fulfill all legal requirements of any and all agencies and units of
government for all activities related to the contract.
XI. INSURANCE
The Contractor shall maintain insurance of the types and in the amounts typically maintained by others in the
same occupation or profession as the Contractor, including, but not limited to, comprehensive general liability
insurance in the minimum amount of $1,000,000 per occurrence, and professional malpractice insurance, if
applicable, all with insurance companies properly licensed to do business in Idaho.
XII. RELATIONSHIP OF THE PARTIES
A. The parties intend to create by the terms of this Contract an independent contractor relationship between
the Office and the Contractor.
B. The parties do not intend to create by the terms of this Contract the relationship of employer and
employee. The Contractor shall be responsible to withhold all monies required by law for FICA and
income tax purposes.
XIII. ASSIGNMENT OF BENEFITS AND DELEGATION OF DUTIES
A. The Contractor shall not delegate any duties under this Contract or assign any benefits, including any
moneys due or to become due hereunder, without the prior written consent of the Office.
Page 3 of 5
B. In the event a delegation of duties or an assignment of benefits is approved by the Office, the Contractor
agrees to bind every such delegate or assignee to comply with the terms and conditions of this Contract.
XIV. WAIVER.. MODIFICATION OR AMENDMENT
No waiver, modification, or amendment of this Contract or of any covenants, conditions or limitations herein
contained shall be valid unless in writing duly executed by both parties and the parties further agree that the
provisions of this section may not be waived, modified, or amended except as herein set forth.
XV. COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that no person or agent has. been employed or retained to solicit or secure this Contract
upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona
fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the
purpose of securing business. For breach or violation of this warranty, the Office shall have the right to annul
this Contract without liability or in its discretion to deduct from the price of consideration, or otherwise recover,
the full amount of such commission, percentage, brokerage, or contingent fee.
XVI. PUBLIC RECORDS
Pursuant to Idaho Code section 9-335 et seq., information or documents received from Contractor may be open
to public inspection and copying unless exempt from disclosure as a trade secret or proprietary. Contractor
shall clearly designate individual documents as "trade secret" or "confidential" and Contractor agrees to
indemnify and defend the State -for honoring such a designation. The failure to designate any document that is
released by the Office shall constitute a complete waiver of any and all claims for damages caused by any such
release.
XVII. RIGHTS IN DATA
A. The Contractor agrees that all data, plans, drawings, specifications, reports, operating manuals, notes and
other written documents produced in the performance of thi~ Contract or in contemplation thereof, are
subject to the rights of the Office set forth in this paragraph.
B. The Office shall have the right to reproduce, publish and use all such documents or any part thereof, in any
manner and for any purposes whatsoever and to authorize others to do so.
C. The Office agrees to identify the Contractor or designate appropriate authorship, on all materials
reproduced and published that are a direct product of the work performed under this Contract.
1111. RETENTION OF RECORDS AND ACCESS TO FACILITIES.. PREMISES AND RECORDS
A. The Contractor shall establish and maintain project budget accounts and records for work and services
required by this Contract in accordance with generally accepted accounting principles and practices.
Records shall be retained by the Contractor throughout the term of this Contract and for a period of three
(3) years following final settlement.
B. At all reasonable times during the term of this Contract and for a period of three (3) years following final
settlement, the Office, State of Idaho, and their authorized representatives shall have access at the
Contractor's offices to its records related to the services performed under this Contract for the purposes of
inspection, audit and copying by the Office, State of Idaho, and their authorized representatives.
XIX. ATTORNEYS' FEES
In the event of a legal proceeding of any kind instituted under this Contract or to obtain performance of any kind
under this Contract, the prevailing party shall be awarded such additional sums as the court may adjudge for
reasonable attorneys' fees and to pay all costs and disbursements incurred in such proceeding.
Page 4 of 5
XX. FORCE MAJEURE
Neither party shall be liable for or deemed to be in default for any delay or failure to perform under this
Contract if such delay or failure to perform results from an act of God, civil or military authority, act of war,
riot, insurrection or other occurrence beyond that party's control. In such case, the intervening cause must not
be caused by the party asserting it and the excused party is obligated to promptly perform in accordance with the
terms of this Contract after the intervening cause ceases.
XXI. Subrecipient warrants that the Subaward is subject to Executive Order 2006-40
[htto://gov .idaho.gov/mediacenter/execorders/eo06/eo 2006-40.htmll; it does not knowingly hire or engage
any illegal aliens or persons not authorized to work in the United States; it takes steps to verify that it does
not hire or engage any illegal aliens or persons not authorized to work in the United States; and that any
misrepresentation in this regard or any employment of persons not authorized to work in the United States
constitutes a material breach and shall be cause for termination of its Contract. If the Contract is for the
provision of services or for the sale or lease/licensing of computer software, Subrecipient further warrants
that its Subaward is subject to Executive Order 2007-09
[http://gov.idaho.gov/mediacenter/execorders/eo07/eo 2007 09.htmll and that it must notify the Office in
advance in writing if, during the term of its Subaward, it seeks to shift services or work that it represented
would be done inside the United States to outside the United States. Failure to obtain the prior, written
consent of the Office for such shift constitutes a material breach.
XXII. ENTIRE AGREEMENT
This Contract sets forth all the covenants, provisions, agreements, conditions and understandings between the
parties, and there are no covenants, provisions, agreements, conditions or understandings, oral or written,
between them other than are herein set forth.
XXIII. SEVERABILITY
If any part of this Contract is declared invalid or becomes inoperative for any reason, such invalidity or failure
shall not affect the validity and enforceability of any other provision.
XXIV. NO WAIVER
The waiver of any breach or default of this Contract shall not be construed as or deemed to be a waiver of any
subsequent breach or default.
XXV. EFFECT OF SECTION HEADINGS
The section headings appearing in this Contract are not to be construed as interpretations of the text but are
inserted for convenience and reference only.
XXVI. GOVERNING LAW
This Contract shall be governed as to validity, construction and performance by the laws of the State of Idaho.
The venue of any action brought by any parties to this Contract shall be in a State of Idaho District Court or the
United States District Court for the District of Idaho.
XXVII. NOTICES
All notices shall be sent certified mail, postage prepaid, return receipt requested to:
Idaho Office of Energy Resources
Attn: (Ms.) K.T. Hanna
POBox 83720
Boise, ID 83720-0199
Page 5 of 5
March 15, 2010
A TT ACHMENT B
OFFICE OF ENERGY RESOURCES
STANDARD FEDERAL PROVISIONS
For Contracts and Agreements Funded by the
AMERICAN RECOVERY AND REINVESTMENT ACT
This Attachment B includes two main sections of references to the laws of the United States of
America. These are:
· National Policy Assurances; and
. Special Provisions required by the American Recovery and Reinvestment Act of 2009
(Recovery Act).
The Subrecipient understands and agrees that the moneys provided by the Office of Energy Resources
(OER) pursuant to the agreement of which this Attachment B is a part are received from the federal
government and that federal law restricts the use of said moneys.
The Contractor agrees to comply with all applicable federal and state laws including, hut not limited to,
those referenced in this Attachment B.
SECTION ONE
NATIONAL POLICY ASSURANCES
These assurances are demanded of and made to the federal government. In any case where and to the
extent that the Office of Energy Resources is the enforcer of any of the laws which the Subrecipient
hereby assures compliance with, the assurance is made also to the Office of Energy Resources.
To the extent that a term does not apply to a particular type of activity or award, it is self-deleting.
I. Nondiscrimination Policies
You must comply with applicable prOVISIons of the following national policies prohibiting
discrimination:
1. On the basis of race, color, or national origin, in Title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000d et seq.), as implemented by U.S. Department of Energy (DOE) regulations at 10 CFR
part 1040;
2. On the basis of sex or blindness, in Title IX of the Education Amendments of 1972 (20 U.S.C.
1681 et seq.), as implemented by DOE regulations at 10 CPR parts 1041 and 1042~
3. On the basis of age, in the Age Discrimination Act of 1975 (42 U.S.C.6101 et seq.), as
implemented by Department of Health and Human Services regulations at 45 CPR part 90 and DOE
regulations at 10 CFR part 1040;
4~ On the basis of disability, in Section 504 of the Rehabilitation Act of 1973 (29 V.S.C. 794), as
implemented by Department of Justice regulations at 28 CFR part 41 and DOE regulations at 10 CFR
part 1 041 ;
5. On the basis of race, color, national origin, religion, disability, familial status, and sex under Title
VIII of the Civil Rights Act (42 V.S.C. 3601 et seq.) as implemented by the Department of Housing
and Urban Development at 24 CFR part 100; and
6. On the basis of disability in the Architectural Barriers Act of 1968 (42 V.S.C. 4151 et seq.) for the
design, construction, and alteration of buildings and facilities financed with federal funds.
II. Environmental Policies
You must:
1. Comply with applicable provisions of the Clean Air Act (42 U.S.C.7401, et. seq.) and Clean
Water Act (33 V.S.C. 1251 et. seq.), as implemented by Executive Order 11738 [3 CFR, 1971-1975
Camp., p. 799] and Environmental Protection Agency rules at 40 CFR part 32, Subpart J.
2. Immediately identify to OER, as the awarding agency, any potential impact that you find this
award may have on:
a. The quality of the human environment, including wetlands, and provide any help OER may
need to comply with the National Environmental Policy Act (NEPA, at 42 V.S.C. 4321 et. seq.)
and assist OER to prepare Environmental Impact Statements or other environmental
documentation. In such cases, you may take no action that will have an adverse environmental
impact (e.g., physical disturbance of a site such as breaking of ground) or limit the choice of
reasonable alternatives until OER provides written notification of Federal compliance with
NEP A, as implemented by DOE at 10 CPR part 1021.
b. Flood-prone areas, and provide any help OER may need to comply with the National Flood
Insurance Act of 1968 and Flood Disaster Protection Act of 1973 (42 V.S.C. 4001 et. seq.),
which require flood insurance, when available, for federally assisted construction or acquisition
in flood-prone areas, as implemented by DOE at 10 CFR part 1022.
c. Use of land and water resources of coastal zones, and provide any help OER may need to
comply with the Coastal Zone Management Act of 1972 (16 V.S.C. 1451 et. seq.).
d. Coastal barriers along the Atlantic and Gulf coasts and Great Lakes' shores, and provide help
OER may need to comply with the Coastal Barriers Resource Act (16 V.S.C. 3501 et. seq.),
concerning preservation of barrier resources.
e. Any existing or proposed component of the National Wild and Scenic Rivers system, and
provide any help OER may need to comply with the Wild and Scenic Rivers Act of 1968 (16
U.S.C. 1271 et seq.).
f. Underground sources of drinking water in areas that have an aquifer that is the sole or principal
drinking water source, and provide any help OER may need to comply with the Safe Drinking
Water Act (42 V.S.C. 300h-3).
Attachment B, Page 2.
3. Comply with applicable provisions of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C.
4821-4846), as implemented by the Department of Housing and Urban Development at 24 CFR part
35. The requirements concern lead-based paint in housing owned by the federal government or
receiving federal assistance~
4. Comply with Section 6002 of the Resource Conservation and Recovery Act of 1976, as amended
(42 V.S.C. 6962), and implementing regulations of the Environmental Protection Agency, 40 CFR
Part 247, which require the purchase of recycled products by states or political subdivision of states.
III. Live Organisms
1. Human research subjects. You must protect the rights and welfare of individuals that participate
as human subjects in research under this award in accordance with the Common Federal Policy for
the Protection of Human Subjects (45 CFR part 46), as implemented by DOE at 10 CPR part 745.
2. Animals and plants.
a. You must comply with applicable provisions of Department of Agriculture rules at 9 CFR
parts 1-4 that implement the Laboratory Animal Welfare Act of 1966 (7 V.S.C. 2131-2156) and
provide for humane transportation, handling, care, and treatment of animals used in research,
experimentation, or testing under this award.
b. You must follow the guidelines in the National Academy of Sciences (NAS) Publication
"Guide for the Care and Use of Laboratory Animals", (1996), which may be found currently at
http://www.nap.edu/readingroomlbooks/labrats/) and comply with the Public Health Service
Policy and Government Principles Regarding the Care and Use of Animals (included as
Appendix D to the NAS Guide).
c. Yau must immediately identify to OER, as the awarding agency, any potential impact that you
find this award may have on endangered species, as defined by the Endangered Species Act of
1973, as amended ("the Act," 16 V.S.C. 1531-1543), and implementing regulations of the
Departments of the Interior (50 CFR parts 10-24) and Commerce (50 CFR parts 217-227). You
also must provide any help we may need to comply with 16 V.S.C. 1536(a)(2). This is not in lieu
of responsibilities you have to comply with provisions of the Act that apply directly to you as a
U.S. entity, independent of receiving this award.
IV. Other National Policies
1. Debarment and suspension. You must comply with requirements regarding debarment and
suspension in Subpart C of 2 CPR parts 180 and 901.
2. Drug-free workplace. You must comply with drug-free workplace requirements in Subpart B of
10 CPR part 607, which implements Sec. 5151-5160 of the Drug-Free Workplace Act of 1988 (Pub.
L. 100-690, Title V, Subtitle D; 41 U.S.C. 701, et seq.).
3. Lobbying.
a. You must comply with the restrictions on lobbying in 31 U .S.C.1352, as implemented by DOE
at 10 CFR part 601, and submit all disclosures required by that statute and regulation.
Attachment B, Page 3.
b. If you are a nonprofit organization described in Section 501 (c)( 4)of Title 26, United States
Code (the Internal Revenue Code of 1968), you may not engage in lobbying activities as defined
in the Lobbying Disclosure Act of 1995 (2 V.S.C., Chapter 26). If OER determines that you
have engaged in lobbying activities, OER will cease all payments to you under this and other
awards and terminate the awards unilaterally for material failure to comply with the award terms
and conditions. By submitting an application and a~cepting funds under this agreement, you
assure that you are not an organization described in Section 501(c)(4) that has engaged in any
lobbying activities described in the Lobbying Disclosure Act of 1995 (2 V.S.C. 1611).
c. You must comply with the prohibition in 18 V.S.C. 1913 on the use of federal funds,
absent express Congressional authorization, to pay directly or indirectly for any service,
advertisement or other written matter, telephone communication, or other device intended to
influence at any time a member of Congress or official of any government concerning any
legislation, law, policy, appropriation, or ratification.
4. Officials not to benefit. You must comply with the requirement that no member of Congress shall
be admitted to any share or part of this agreement, or to any benefit arising from it, in accordance
with 41U.S.C. 22.
5. Hatch Act. If applicable, you must comply with the provisions of the Hatch Act (5 V.S.C. 1501-
1508 and 7324-7326), as implemented by the Office of Personnel Management at 5 CPR part 151,
which limits political activity of employees or officers of state or local governments whose
employment is connected to an activity financed in whole or part with federal funds.
6. Native American graves protection and repatriation. If you control or possess Native
American remains and associated funerary objects, you must comply with the requirements of 43
CFR part 10, the Department of the Interior implementation of the Native American Graves
Protection and Repatriation Act of 1990 (25 V.S.C., chapter 32).
7. Fly America Act. You must comply with the International Air Transportation Fair Competitive
Practices Act of 1974 (49 VeS.C. 40118), commonly referred to as the "Fly America Act," and
implementing regulations at 41 CFR 301-10.131 through 301-10.143. The law and regulations
require air transport of people or property to, from, between or within a country other than the United
States, the cost of which is supported under this award, to be performed by or under a cost-sharing
arrangement with a U.S. flag carrier, if service is available.
8. Use of United States-flag vessels.
a. Pursuant to Pub. L. 664 (43 V.S.C. 1241(b)), at least 50 percent of any equipment,
materials or commodities procured, contracted for or otherwise obtained with funds under this
award, and which may be transported by ocean vessel, must be transported on privately owned
United States-flag commercial vessels, if available.
b. Within 20 days following the date of loading for shipments originating within the United
States or within 30 working days following the date of loading for shipments originating outside
the United States, a legible copy of a rated, "on-board" commercial ocean bi11-of-Iading in
English for each shipment of cargo described in paragraph 8.a of this section shall be furnished to
both our award administrator (through you in the case of your contractor's bill-of-lading) and to
Attachment B~ Page 4.
the Division of National Cargo, Office of Market Development, Maritime Administration,
Washington, DC 20590.
9. Research misconduct. You must comply with the government-wide policy on research
misconduct issued by the Office of Science and Technology Policy (available in the Federal Register
at 65 FR 76260, December 6, 2000, or on the Internet at www.ostp.gov).asimplemented by DOE at
10CFRpart733 and 10 CPR 600.31.
10. Requirements for an institution of higher education concerning military recruiters and
Reserve Officers Training Corps (ROTC).
a. As a condition for receiving funds under an award by the National Nuclear Security
Administration of the Department of Energy, you agree that you are not an institution of
higher education that has a policy or practice placing any of the restrictions specified in 10
V.S.C. 983. as implemented by 32 CFR part 216, on:
i. Maintenance, establishment, or operation of senior ROTC units, or student participation
in those units; or
ii. Military recruiters' access to campuses, students on campuses, or information about
students.
b. If you are determined, using the procedures in 32 CFR part 216, to be such an institution of
higher education during the period of performance of this award, OER:
i. Will cease all payments to you of funds under this award and all other awards subject to
the requirements in 32 CFR part 216; and
ii. May suspend or terminate those awards unilaterally for material failure to comply with
the award terms and conditions.
11. Historic preservation.
You must identify to us any:
a. Any property listed or eligible for listing on the National Register of Historic Places that
will be affected by this award, and provide any help we may need, with respect to this award,
to comply with Section 106 of the National Historic Preservation Act of 1966 .(16 U.S.C.
470f), as implemented by the Advisory Council on Historic Preservation regulations at 36
CPR part 800 and Executive Order 11593, "Identification and Protection of Historic
Properties," (3 CPR, 1971-1975 Camp., p. 559).
b. Potential under this award for irreparable loss or destruction of significant scientific,
prehistorical, historical, or archeological data, and provide any help OER may need, with
respect to this award, to comply with the Archaeological and Historic Preservation Act of
1974 (16 U.S.C.469a-1 et seq.).
12. Relocation and real property acquisition. You must comply with applicable provisions of 49
CFR part 24, which implements the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 V.S.C. 4601 et seq.) and provides for fair and equitable treatment of persons
displaced by federally assisted programs or persons whose property is acquired as a result of such
programs.
Attachment B, Page 5.
13. Confidentiality of patient records. You must keep confidential any records that you maintain
of the identity, diagnosis, prognosis, or treatment of any patient in connection with any program or
activity relating to substance abuse education, prevention, training, treatment, or rehabilitation that is
assisted directly or indirectly under this award, in accordance with 42 U .S.C. 290.
14. Constitution Day. You must comply with Public Law 108-447, Div. J, Title I, Sec. III (36
V.S.C. 106 note), which requires each educational institution receiving federal funds in a federal
fiscal year to hold an educational program on the United States Constitution on September 17th
during that year for the students served by the educational institution.
15. Trafficking in Persons
a. Provisions applicable to a recipient that is a pri vate entity.
1. You as the recipient, your employees, subrecipients under this award, and subrecipients'
employees may oot-
i. Engage in severe forms of trafficking in persons during the period of time that the
award is in effect;
ii. Procure a commercial sex act during the period of time that the award is in effect~
or
iii. Use forced labor in the performance of the award or subawards under the award.
2. The Office as the federal awarding agency may unilaterally terminate this award, without
penalty, if you or a subrecipient that is a private entity -
i. Is determined to have violated a prohibition in paragraph a.l of this award term; or
ii. Has an employee who is determined by the agency official authorized to terminate
the award to have violated a prohibition in paragraph a.l of this award term through
conduct that is either-
A. Associated with performance under this award; or
B. Imputed to you or the subrecipient using the standards and due process for
imputing the conduct of an individual to an organization that are provided in 2
CFR part 180, ......OMB Guidelines to Agencies on Governmentwide Debarment
and Suspension (Nonprocurement)," as implemented by the Office at 2 CFR part
901.
b. Provisions applicable to a recipient other than a private entity. The Office as the federal
awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that
is a private entity-
1. Is determined to have violated an applicable prohibition in paragraph a.l of this award
term~ or
2. Has an employee who is determined by the agency official authorized to terminate the
award to have violated an applicable prohibition in paragraph a.l of this award term
through conduct that is either-
i. Associated with performance under this award; or
ii. Imputed to the subrecipient using the standards and due process for imputing the
conduct of an individual to an organization that are provided in 2 CFR part 180,
"OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement)," as implemented by the Office at 2 CFR part 901.
c. Provisions applicable to any recipient.
1. You must inform the Office immediately of any information you receive from any
source alleging a violation of a prohibition in paragraph a.l of this award term.
Attachment B, Page 6.
2. The right of the Office to terminate unilaterally any provision that is described in
paragraph a. or b. of this section:
i. Implements section I06(g) of the Trafficking Victims Protection Act of 2000
(TVPA), as amended (22 V.S.C. 7104(g)), and
ii. Is in addition to all other remedies for noncompliance that are available to the
Office under this award.
3. You must include the requirements of paragraph a.l of this award term in any
subaward you make to a private entity.
d. Definitions. For purposes of this award term:
1. "Employee" means either:
i. An individual employed by you or a subrecipient who is engaged in the
performance of the project or program under this award; or
ii. Another person engaged in the performance of the project or program under this
award and not compensated by you including, but not limited to, a volunteer or
individual whose services are contributed by a third party as an in-kind contribution
toward cost sharing or matching requirements.
2. "Forced labor" means labor obtained by any of the following methods: the recruitment,
harboring, transportation, provision, or obtaining of a person for labor or services,
through the use of force, fraud, or coercion for the purpose of subjection to involuntary
servitude, peonage, debt bondage, or slavery.
3. "Private entity":
i. Means any entity other than a state, local government, Indian tribe, or foreign
public entity, as those terms are defined in 2 CFR 175.25.
ii. Includes:
A. A nonprofit organization, including any nonprofit institution of higher
education, hospital, or tribal organization other than one included in the definition
of Indian tribe at 2 CFR 175.25(b).
B. A for-profit organization.
4. "Severe forms of trafficking in persons," "conunercial sex act," and "coercion" have
the meanings given at section 103 of the TVPA, as amended (22 V.S.C. 7102).
Attachment B, Page 7.
SECTION TWO
SPECIAL PROVISIONS
A. Special Provisions
These provisions are required by the U.S. Department of Energy to be included in all subrecipient
contracts funded by the American Recovery and Reinvestment Act of 2009.
B. Segregation of Costs
Recipients must segregate the obligations and expenditures related to funding under the Recovery
Act. Financial and accounting systems should be revised as necessary to segregate, track and
maintain these funds apart and separate from other revenue streams. No part of the funds from the
Recovery Act shall be commingled with any other funds or used for a purpose other than that of
making payments for costs allowable for Recovery Act projects.
c. Prohibition on Use of Funds
None of the funds provided under this agreement derived from the American Recovery and
Reinvestment Act of 2009, Pub. L. 111-5, may be used by any or local government, or any private
entity, for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming
pool.
D. Access to Records
With respect to each financial assistance agreement awarded utilizing at least some of the funds
appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009,
Pub. L. 111-5, any representative of an appropriate inspector general appointed under section 3 or 8G of
the Inspector General Act of 1988 (5 D.S.C. App.) or of the Comptroller General is authorized
( 1) to examine any records of the contractor or grantee, any of its subcontractors or
subgrantees, or any state or local agency administering such contracts that pertain to, and
invol ve transactions in relation to the subcontract, subcontract, grant, or subgrant; and
(2) to interview any officer or employee of the contractor, grantee, subgrantee, or agency
regarding such transactions.
E. Publication
An application may contain technical data and other data, including trade secrets and or privileged or
confidential information, which the applicant does not want disclosed to the public or used by the
Government for any purpose other than the application. To protect such data, the applicant should
specifically identify each page including each line or paragraph thereof containing the data to be protected
and mark the cover sheet of the application with the following Notice as well as referring to the Notice on
each page to which the Notice applies:
Notice of Restriction on Disclosure and Use of Data
The data contained in pages _ of this application have been submitted in
confidence and contain trade secrets or proprietary information, and such data shall be
used or disclosed only for evaluation purposes, provided that if this applicant receives an
award as a result of or in connection with the submission of this application, DOE shall
have the right to use or disclose the data here to the extent provided in the award. This
restriction does not limit the government's right to use or disclose data obtained without
restriction from any source, including the applicant. Information about this agreement
will be published on the Internet and linked to the website www.recovery.gov.maintained
by the Accountability and Transparency Board. The Board may exclude posting
Attachment B, Page-8.
contractual or other information on the website on a case-by-case basis when necessary to
protect national security or to protect information that is not subject to disclosure under
Sections 552 and 552a of Title 5, United States Code.
F. Protecting: State and Local Government and Contractor Whistleblowers.
The requirements of Section 1553 of the Act are summarized below. They include, but are not limited to:
Prohibition on Reprisals: An employee of any non-federal employer receiving covered funds under the
American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, may not be discharged, demoted, or
otherwise discriminated against as a reprisal for disclosing, including a disclosure made in the ordinary
course of an employee's duties, to the Accountability and Transparency Board, an inspector general, the
Comptroller General, a member of Congress, a state or federal regulatory or law enforcement agency,
a person with supervisory authority over the employee (or other person working for the employer
who has the authority to investigate, discover or terminate misconduct), a court or grand jury, the
head of a federal agency, or their representatives information that the employee believes is evidence
of:
· gross mismanagement of an agency contract or grant relating to covered funds~
· a gross waste of covered funds;
· a substantial and specific danger to public health or safety related to the implementation or
use of covered funds;
· an abuse of authority related to the implementation or use of covered funds~ or
· a violation of law, rule, or regulation related to an agency contract (including the
competition for or negotiation of a contract) or grant, awarded or issued relating to covered
funds.
Agency Action: Not later than 30 days after receiving an inspector general report of an alleged
reprisal, the head of the agency shall determine whether there is sufficient basis to conclude that the
non-federal employer has subjected the employee to a prohibited reprisal. The agency shall either
issue an order denying relief in whole or in part or shall take one or more of the following actions:
· Order the employer to take affirmative action to abate the reprisal;
· Order the employer to reinstate the person to the position that the person held before the
reprisal, together with compensation including back pay, compensatory damages,
employment benefits, and other terms and conditions of employment that would apply to
the person in that position if the reprisal had not been taken;
· Order the employer to pay the employee an amount equal to the aggregate amount of all
costs and expenses (including attorneys' fees and expert witnesses' fees) that were
reasonably incurred by the employee for or in connection with, bringing the complaint
regarding the reprisal, as determined by the head of a court of competent jurisdiction.
Nonenforceability of Certain Provisions Waiving Rights and Remedies or Requiring Arbitration:
Except as provided in a collective bargaining agreement, the rights and remedies provided to
aggrieved employees by this section may not be waived by any agreement, policy, form, or condition
of employment, including any predispute arbitration agreement. No predispute arbitration agreement
shall be valid or enforceable if it requires arbitration of a dispute arising out of this section.
Requirement to Post Notice of Rights and Remedies: Any employer receiving covered funds under
the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, shall post notice of the rights
and remedies as required therein. (Refer to Section 1553 of the American Recovery and
Reinvestment Act of 2009, Pub. L. 11-5, www.Recovery.gov, for specific requirements of this
section and prescribed language for the notices.).
Attachment B, Page 9.
G. Request for Reimbursement - RESERVED
H. False Claims Act
Recipient and sub-recipients shaH promptly refer to the DOE or other appropriate inspector general
any credible evidence that a principal, employee, agent, contractor, sub-grantee, subcontractor or
other person has submitted a false claim under the False Claims Act or has committed a criminal or
civil violation of laws pertaining to fraud, conflict or interest, bribery, gratuity or similar misconduct
involving those funds.
I. Information in Support of Recovery Act Reporting
Recipient may be required to submit backup documentation for expenditures of funds under the
Recovery Act including such items as timecards and invoices. Recipient shall provide copies of
backup documentation at the request of the contracting officer or designee.
J. Availability of Funds
Funds appropriated under the Recovery Act and obligated to this award are available for
reimbursement of costs until September 30, 2015.
K. Additional Fundin2 Distribution and Assurance of Apllropriate Use of Funds
Certification by Governor -- Not later than April 3, 2009, for funds provided to any state or agency
thereof by the American Reinvestment and Recovery Act of 2009, Pub. L. 111-5 the governor of the
state shall certify that: 1) the state will request and use funds provided by the Act; and 2) the funds
will be used to create jobs and promote economic growth.
Acceptance by state legislature -- If funds provided to any state in any division of the Act are not
accepted for use by the governor, then acceptance by the legislature, by means of the adoption of a
concurrent resolution, shall be sufficient to provide funding to such state.
Distribution - After adoption of a state legislature's concurrent resolution, funding to the state will be
for distribution to local governments, councils of government, public entities, and public-private
entities within the state either by formula or at the state's discretion.
L. Certifications
With respect to funds made available to state or local governments for infrastructure investments
under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, the Governor, mayor,
or other chief executive, as appropriate, certifies by acceptance of this award that the infrastructure
investment has received the full review and vetting required by law and that the chief executive
accepts responsibility that the infrastructure investment is an appropriate use of taxpayer dollars.
Recipient shall provide an additional certification that includes a description of the investment, the
estimated total cost, and the amount of covered funds to be used, for posting on the Internet. A state
or local agency may not receive infrastructure investment funding from funds made available by the
Act unless this certification is made and posted.
M. Acknowledgement
Acknowledgement of federal project support accompanied by the ARRA logo and posting of it on
signs and notices at sites where ARRA funds are used is required under the ARRA, and shall be done
immediately on request by the Office of Energy Resources.
Attachment B, Page 1 Q.
REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF THE
RECOVERY ACT
(a) This award requires the recipient to complete projects or activities which are funded under the
American Recovery and Reinvestment Act of 2009 and to report on use of Recovery Act funds
provided through this award. Information from these reports will be made available to the public.
(b) The reports are due no later than ten calendar days after each month or calendar quarter in which
the recipient receives the assistance award funded in whole or in part by the Recovery Act or at such
other intervals as DOE may, in its discretion and from time-to-time require.
(c) Recipients and their first-tier recipients [subrecipients] must maintain current registrations in the
Central Contractor Registration (http://www.ccr.gov) at all times during which they have active
federal awards funded with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering
System (DUNS) Number (http://www.dnb.com) is one of the requirements for registration in the
Central Contractor Registration.
(d) The recipient shall report the information described in Section 1512(c) of the Recovery Act using
the reporting instructions and data elements that will be provided online at
http://www.FederaIReporting.gov and ensure that any information that is prefilled is corrected or
updated as needed.
REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS
(COVERED UNDER INTERNATIONAL AGREEMENTS)-SECTION 1605 OF THE AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009
(a) Definitions. As used in this award term and condition
Designated country -
(1) A World Trade Organization Government Procurement Agreement country (Aruba, Austria,
Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany,
Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia,
Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania,
Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, and United Kingdom);
(2) A Free Trade Agreement (Ff A) country (Australia, Bahrain, Canada, Chile, Costa Rica,
Dominican Republic, EI Salvador, Guatemala, Honduras, Israel, Mexico, Morocco, Nicaragua,
Oman, Peru, or Singapore); or
(3) A United States-European Communities Exchange of Letters (May 15, 1995) country: Austria,
Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece,
Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal,
Romania, Slovak Republic, Slovenia, Spain, Sweden, and United Kingdom.
Designated country iron, steel, and/or manufactured goods
(1) Is wholly the growth, product, or manufacture of a designated country; or
Attachment B, Page 11.
(2) In the case of a manufactured good that consists in whole or in part of materials from another
country, has been substantially transformed in a designated country into a new and different
manufactured good distinct from the materials from which it was transformed.
Domestic iron, steel, and/or manufactured good
(1) Is wholly the growth, product, or manufacture of the United States; or
(2) In the case of a manufactured good that consists in whole or in part of materials from another
country, has been substantially transformed in the United States into a new and different
manufactured good distinct from the materials from which it was transformed. There is no
requirement with regard to the origin of components or subcomponents in manufactured goods or
products, as long as the manufacture of the goods occurs in the United States.
Foreign iron, steel, and/or manufactured good means iron, steel andlor manufactured good that is not
domestic or designated country iron, steel, and/or manufactured good.
Manufactured good means a good brought to the construction site for incorporation into the building
or work that has been-
(1) Processed into a specific form and shape; or
(2) Combined with other raw material to create a material that has different properties than the
properties of the individual raw materials.
Public building and public work means a public building of, and a public work of, a governmental
entity (the United States; the District of Columbia; commonwealths, territories, and minor outlying
islands of the United States; state and local governments; and multi-state, regional, or interstate
entities which have governmental functions). These buildings and works may include, without
limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains,
power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves,
ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration,
maintenance, or repair of such buildings and works.
Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and
may include other elements.
(b) Iron, steel, and manufactured goods. (1) The award term and condition described in this section
implements-
(i) Section 1605(a) of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) by
requiring that all iron, steel, and manufactured goods used in the project are produced in the United
States; and
(ii) Section 1605(d), which requires application of the Buy American requirement in a manner
consistent with U.s. obligations under international agreements. The restrictions of Section 1605 of
the Recovery Act do not apply to designated country iron, steel, and/or manufactured goods. The
Buy American requirement in Section 1605 shall not be applied where the iron, steel or
manufactured goods used in the project are from a Party to an international agreement that obligates
Attachment B, Page 12.
the recipient to treat the goods and services of that Party the same as domestic goods and services.
This obligation shall only apply to projects with an estimated value of $7,443,000 or more.
(2) The recipient shall use only domestic or designated country iron, steel, and manufactured goods
in performing the work funded in whole or part with this award, except as provided in paragraphs
(b)(3) and (b)(4) of this section.
(3) The requirement in paragraph (b)(2) of this section does not apply to the Iron, steel, and
manufactured goods listed by the federal government as follows:
None.
(4) The award official may add other iron, steel, and manufactured goods to the list in paragraph
(b )(3) of this section if the federal government determines that-
(i) The cost of domestic iron, steel, and/or manufactured goods would be unreasonable. The cost of
domestic iron, steel, and/or manufactured goods used in the project is unreasonable when the
cumulative cost of such material will increase the overall cost of the project by more than 25 percent;
(ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United States
in sufficient and reasonably available commercial quantities of a satisfactory quality; or
(iii) The application of the restriction of Section 1605 of the Recovery Act would be inconsistent
with the public interest.
(c) Request for determination of inapplicability of Section 1605 of the Recovery Act or the Buy
American Act. (l)(i) Any recipient request to use foreign iron, steel, and/or manufactured goods in
accordance with paragraph (b)(4) of this section shall include adequate information for federal
government evaluation of the request, including-
(A) A description of the foreign and domestic iron, steel, and/or manufactured goods;
(B) Unit of measure;
(C) Quantity;
(D) Cost;
(E) Time of delivery or availability;
(F) Location of the project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured goods
cited in accordance with paragraph (b)(4) of this section.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a
completed cost comparison table in the format in paragraph (d) of this section.
Attachment B, Page 13.
(iii) The cost of iron, steel, or manufactured goods shall include all delivery costs to the construction
site and any applicable duty.
(iv) Any recipient request for a determination submitted after Recovery Act funds have been
obligated for a project for construction, alteration, maintenance, or repair shall explain why the
recipient could not reasonably foresee the need for such determination and could not have requested
the determination before the funds were obligated. If the recipient does not submit a satisfactory
explanation, the award official need not make a determination.
(2) If the federal government determines after funds have been obligated for a project for
construction, alteration, maintenance, or repair that an exception to Section 1605 of the Recovery Act
applies, the award official will amend the award' to allow use of the foreign iron, steel, and/or
relevant manufactured goods. When the basis for the exception is nonavailability or public interest,
the amended award shall reflect adjustment of the award amount, redistribution of budgeted funds,
and/or other appropriate actions taken to cover costs associated with acquiring or using the foreign
iron, steel, and/or relevant manufactured goods.. When the basis for the exception is the unreasonable
cost of the domestic iron, steel, or manufactured goods, the award official shall adjust the award
amount or redistribute budgeted funds, as appropriate, by at least the differential established in 2
CFR 176.110(a).
(3) Unless the federal government determines that an exception to Section 1605 of the Recovery Act
applies, use of foreign iron, steel, andlor manufactured goods other than designated country iron,
steel, and/or manufactured goods is noncompliant with the applicable Act.
(d) Data. To permit evaluation of requests under paragraph (b) of this section based on unreasonable
cost, the applicant shall include the following information and any applicable supporting data based
on the survey of suppliers:
Foreign and Domestic Items Cost Comparison
Unit of Cost
Description Measure (Dollars) *
Item 1
Foreign steel, iron or manufactured good
Domestic steeL iron, or manufactured good
Item 2
Foreign steel, iron, or manufactured good
Domestic steel, iron, or manufactured good
[List name, address, telephone number, email address, and contact for suppliers surveyed. Attach
copy afresponse; if oral, attach summary.][Include other applicable supporting information.]
[*lnclude all delivery costs to the construction site.}
Attachment B, Page 14.
W AGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT
(a) Section 1606 of the Recovery Act requires that all laborers and mechanics employed by
contractors and subcontractors on projects funded directly by or assisted in whole or in part by and
through the federal government pursuant to the Recovery Act shall be paid wages at rates not less
than those prevailing on projects of a character similar in the locality as determined by the Secretary
of Labor in accordance with subchapter IV of Chapter 31 of Title 40, United States Code.
Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C~ 3145, the Department of
Labor has issued regulations at 29 CFR parts 1, 3, and 5 to implement the Davis-Bacon and related
Acts. Regulations in 29 CPR 5.5 instruct agencies concerning application of the standard Davis-
Bacon contract clauses set forth in that section. Federal agencies providing grants, cooperative
agreements, and loans under the Recovery Act shall ensure that the standard Davis-Bacon contract
clauses found in 29 CFR 5.5(a) are incorporated in any resultant covered contracts that are in excess
of $2,000 for construction, alteration or repair (including painting and decorating).
(b) For additional guidance on the wage rate requirements of section 1606, contact your awarding
agency. Recipients of grants, cooperative agreements and loans should direct their initial inquiries
concerning the application of Davis-Bacon requirements to a particular federally assisted project to
the Federal agency funding the project The Secretary of Labor retains final coverage authority under
Reorganization Plan Number 14.
Attachment B, Page 15.
ATTACHMENT C
ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT (EECGB)
CONTRACT BUDGET
Principle Entity:
City of Eagle
Secondary Entities:
None
Contract Number:
CON00053
End Term:
January 31, 2011
Budget Amount:
$96,250 (see table below)
CITY OF EAGLE CONTRACT BUDGET-EECBG PHASE ONE
Personnel $7,421
Fringe $2,717
Adm inistration $299
Equipment $706
Supplies $499
Construction $84,409
Other $199
TOTAL $96,250
A IT ACHMENT D
ENERGY EFFICIENCY REQUIREMENTS
The Idaho Energy Efficiency and Conservation Block Grant ("EECBG") Request for Proposals
("RFP") issued 11/2/2009 passed the energy efficiency goals required of the Office of Energy
Resources ("OER") by the u.s. Department of Energy to the counties and cities applying for
block grants under the RFP. These requirements are implicitly included in every proposal made
to OER, and are expressly made part of the contracts resulting from the RFP.
The goals of the EECBG stated in the RFP are:
1. Increased energy efficiency, reduced energy consumption and reduced energy costs through
efficiency improvements in the building, transportation and other appropriate sectors.
2. Maximum energy efficiency improvements, fossil-fuel emission reductions, economic
benefits and total energy use reduction.
To meet these requirements, Contractor must implement the proposed improvements to achieve
substantial, long-term energy efficiency improvements, fossil-fuel reductions, energy purchase
reductions and total energy use reductions. To do so, Contractors should use the best available
technologies and practices in their projects.
To achieve these goals, OER strongly encourages Contractor to adhere to the following
specifications and practices. If technical assistance is needed, please call OER's Project
Coordinator who will connect you with an expert on OER's staff.
Lighting Efficiency:
. In replacing incandescent lamps-Energy Star@ compact fluorescent lamps or linear
fluorescent fixtures as described below
. In replacing linear fluorescent lamps and ballasts-Super T -8 lamps with instant start
ballasts and efficacy 2: 95.
. In replacing traffic signal lights use light emitting diodes or any other technology of equal
or greater energy efficiency. [Note: this is a requirement stated in the RFP.]
. In replacing street lights-LED, induction lamps, or any other technology of equal or
greater energy efficiency.
Insulation:
. At a rrunlffium install to the insulation values of the 2009 International Energy
Conservation Code whenever possible.
. Maximize insulation values within the limits of the situation.
. Install insulation correctly with full loft, no voids, and covering on all six sides of vertical
insulation. [These are the manufacturer's specifications in all cases.]
Attachment D, Page 1.
ATTACHMENT D
Windows:
. In replacing windows-current Energy Star@ certification if available for the application.
· In every case use Low Eglass and thermally broken frame.
· No U factor less than .35 is considered energy efficient.
· Install windows correctly with permanent air seal caulk or low expansion foam to prevent
air leakage on inside. Use proper flashing on outside to avoid water leakage.
BV AC Equipment
. In replacing equipment-Energy Star@ certified furnaces, boilers, heat pumps.
. In replacing controls-programmable thermostats, direct digital controls, and
commIssIonIng.
. If the system is ducted-seal with mastic and insulate to R8.
If technical assistance is needed, please call OER's Project Coordinator who will connect you
with an expert on OER' s staff.
Attachment D, Page 2.