HomeMy Public PortalAboutMinutes_CCSpecialMeeting_01192018CITY COUNCIL SPECIAL MEETING
JANUARY 19, 2018 — 6:00 P.M.
IONA COMMUNITY CENTER
PRESENT: Mayor Dan Gubler, Council President Rob Geray, Council Member Kathy
McNamara, Council Member Michael Thompson, Public Works Director Zech Prouse, and City
Clerk Shara Roberts.
ABSENT: Chief Of Police Karl Bowcutt.
VISITORS: Ted Hendricks and Dave Noel.
Approval of Department of Environmental Quality (DEQ) Offer of Loan # DW1805: Mayor
Gubler reported the City has received the loan offer from DEQ which outlines the standard terms
and conditions and a lower interest rate than they anticipated of 2.75%. He then handed the time
over to Ted Hendricks with East-Central Idaho Planning & Development Association (ECIPDA)
for further explanation of the terms and conditions.
Mr. Hendricks explained the loan offer requires a semi-annual payment, and does not include
any prepayment penalties.
Mayor Gubler inquired into the status of the establishment of rights -of -way and easements for
the project.
Mr. Hendricks reported there is still a need for some follow up work relating to the canal and
railroad crossings. He indicated Dave Noel with Forsgren Associates and himself will take the
lead on that process. However, they may need to use the Mayor and Director Prouse to assist
with the communication aspect with the necessary entities.
Council Member McNamara asked Director Prouse if the public rights -of -way are secure for the
tank site. Director Prouse indicated that was correct.
Mayor Gubler entertained a motion. Council President Geray moved to approve the loan offer
from DEQ, "Exhibit A". Council Member Thompson seconded the motion. All in favor, motion
carried.
Approval of Administrative and Financial Professional Services Contract with East
Central Planning & Development Association, Inc. (ECIPDA): Mayor Gubler explained the
purpose of the contract is to secure the administrative and financial services for the duration of
the water system improvement project.
Council Member Thompson asked if the effective dates beginning January 15th' 2018 and ending
on September 2019 were correct. Mr. Hendricks explained that is simply a projected close date
for the project, but the services will be covered until the close of the project. If there was a
scenario in which the City made a large change to the scope of the project then they would have
to amend the contract to cover any additional services, but he doesn't see that occurring.
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Mayor Gubler entertained a motion. Council Member Thompson moved to approve the contract
as written with ECIPDA, "Exhibit B. Council President Geray seconded the motion. All in
favor, motion carried.
Review and Approval of the Amendments to the Facility Planning Study: Dave Noel with
Forsgren Associates explained he reviewed the amendments Engineer Paul Scoresby has drafted,
and has a few suggestions he would like to share with the Council in order to make the study
more satisfactory during the review by DEQ.
Mr. Noel began by explaining in order to facilitate a quick review by DEQ the document needs
to include the other two initial facility planning studies completed in 2007 and 2009. Without
that information it could cause a substantial delay in the review process.
Mr. Noel also outlined Mr. Scoresby is recommending a larger storage tank then originally
proposed in either of the original studies, and the location is different which means there are
changes to where the distribution lines will be located. Although the project has the same three
main components there are substantial differences from the original studies which makes this a
completely different project and that's why it's important all three of the documents are
interconnected.
Furthermore, the original studies recommend a 600,000 gallon tank, and Mr. Scoresby is
recommending a 1,000,000 gallon tank. Mr. Noel expressed he agrees and supports this
assessment. However, it does create some challenges the Council should be aware of. Due to the
elevation of where the tank will be located, there is only approximately 600,000 — 700,000
gallons of usable capacity which results in approximately 30-40% of dead storage. Mr. Scoresby
has outlined this in the study, but from his perspective he thinks it's something that should be
further addressed before moving forward so DEQ has a better understanding of factors such as
elevation causing the dead storage.
Director Prouse expressed he was assured prior to the purchase of the lot for the tank site that
both the existing and new tank would work together at those elevations and with the ability to
utilize full storage capacity.
Mr. Noel explained possible different design methods that can be applied to help with the dead
storage issues.
Mr. Noel also outlined there is $500,000 budgeted for the construction of a new well. When the
well is moved to the tank site this could potentially raise an issue as it will most likely need to be
drilled 400 feet into the ground. However, if the Council considers moving the location down
into the valley there is a potential of 100-150 feet less of drill down needed which means cost
savings. Mr. Noel recommended addressing this by outlining in the study the City would like to
have different options for the site to be evaluated as part of the environmental review.
Mayor Gubler inquired if Mr. Noel has been in contact with Mr. Scoresby regarding his
recommendations. Mr. Noel expressed he hasn't because he thought he was going to be present
at this meeting.
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Mayor Gubler expressed he would like to move forward with approving this document pending
the recommendations from Mr. Noel.
Council President Geray expressed he is reluctant to support that until Mr. Scoresby can be
present and explain to the Council his perspective.
Director Prouse suggested scheduling another special meeting for the purpose to meet with Mr.
Scoresby and Mr. Noel to finalize the facility planning study, as well as, meet with Greg Hansen
with Rockwell Homes for a status update regarding their involvement in the project.
After further discussion, the Council scheduled a special meeting to be held on Tuesday, January
30th at 6:00 pm.
Mayor Gubler directed Clerk Roberts to contact Mr. Scoresby to notify him of the scheduled
meeting and the need for his presence.
Director Prouse expressed the well site definitely needs to get figured out sooner than later in
order to complete the water rights transfer.
Mr. Hendricks provided an example of an authorizing resolution to be considered after the City
Attorney's review which would allow for the Mayor to sign off on any necessary documents
related to the water project to keep the project moving in a steady forward motion.
Mayor Gubler directed Clerk Roberts to provide a copy of the example to the City Attorney for
further review.
Meeting adjourned 7:05 p.m.
COUNCIL APPROVED: February 20th, 2018
Dan Gubler, 14layor
ATTEST:
Apo
Shara Roberts, City Clerk
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STATE OF IDAHO
DEPARTMENT OF
ENVIRONMENTAL QUALITY
1410 North Hilton • Boise, Idaho 83706 • (208) 373-0502
www.deq.idaho.gov
January 10, 2018
Certified mail no.: 7010 3090 0002 3443 6170
The Honorable Brad Andersen, Mayor
City of Iona
3548 North Main Street
Iona, Idaho 83427
RE: Offer of Loan # DW1805
Dear Mayor Andersen:
r
C.L. Butch" Otter, Governor
John H. Tippets, Director
COPY
I am pleased to inform you that your application for a loan for $3,900,000 from the Drinking Water State Revolving Fund
has been accepted. The loan offer is enclosed. Please note that the enclosures include Davis Bacon wage provisions in
Attachments B and C.
Attached is a set of drinking water system classification forms for your use in determining the future classification of your
system. The updated system classification information is important and should be shared with your responsible charge
operator and substitute responsible charge operator. Drinking water system upgrades make it likely that the system
classification will change or increase and that the associated responsible charge operator and substitute responsible charge
operator licenses will also require upgrade. Should you have any questions regarding system classification, please contact
William Teuscher at 208-528-2650.
Once this offer has been accepted by the City, please complete the project schedule (Attachment A) and sign the offer on
page 11. A copy of the signed offer should be kept in the City's files. The loan offer and Attachment A should be returned
to Tim Wendland in this office at the address listed above, on or before 60 days from the date of this loan offer. Please pay
close attention to the Special Conditions on page 7 of the loan offer. Recipients of federal aid have to establish a DUNS
number, please go to http://fe ov.dnb.coin/webform to establish your City's DUNS number (if the City has not yet
established a DUNS number).
If you have any questions regarding this loan offer, please contact Tim Wendland at 208-373-0439 or William Teuscher in
our Idaho Falls Regional Office at 208-528-2650.
Sincerely,
/t/
Barry N. Burnell
Water Quality Division Administrator
BNB:TAW:dls
Enclosures (loan offer, Attachments A, B & C, system classification information)
c: William Teuscher, DEQ Idaho Falls Regional Office
Paul Scoresby, Schiess Engineering, pscore sby@ sclliessell(r.coin
Ted Hendricks, ECIPDA, ted.hendricks@ecipda.com
MaryAnna Peavey, DEQ State Office
Jerri Henry, DEQ State Office
Bill Hart, DEQ State Office
TRIM 2018ALN44
EXHIBIT "A"
STATE OF IDAHO
DEPARTMENT OF ENVIRONMENTAL QUALITY
LOAN OFFER, ACCEPTANCE AND AGREEMENT
FOR DRINKING WATER TREATMENT
DESIGN AND CONSTRUCTION
SECTION I. INTRODUCTION
The State of Idaho (State) is authorized by Title 39, Chapter 36 (Act), Idaho Code, to make loans
from the Drinking Water Treatment Facility Loan Account (Account) to assist municipalities in
the construction of drinking water treatment facilities. The Idaho Board of Environmental
Quality, through the Department of Environmental Quality (Department), is authorized to
administer the Act. The Department has determined that the City of Iona (Borrower) has
established eligibility for a loan under the terms of the Act and IDAPA 58.01.20, the Idaho Rules
for Administration of Drinking Water Loan Program (the Rules).
The Borrower is a public entity created for the purposes, among other purposes, of operating and
maintaining the public drinking water system located in Bonneville County, Idaho and taking all
necessary actions to ensure that the public drinking water system meets all applicable laws. The
Department hereby offers a loan to the Borrower according to the terms and conditions contained
in this document and the Rules.
SECTION H. DESCRIPTION OF PROJECT
This loan agreement is for design and construction of the following project:
A. Loan Project Number:
B. Name and Address of Borrower:
C. Project Description:
D. Terms:
E. Estimated Project Budget:
DW 1805
City of Iona
3548 North Main Street
Iona, Idaho 83427
The loan is entered into to install a new generator,
construct a new storage tank, a new well and
transmission lines.
$3,900,000 at 2.75% (interest of 1.75% and loan fee
of 1.00%) to be repaid in biannual installments over
30 years.
1. Transmission & Distribution $1,133,250
Iona, Loan DWI805 CFDA #66-468 1
2. Storage
3. Source Development
4. Administration
5. Engineering
1,546,970
608,560
199,500
464.000
Total $5 9 2 280
NOTE: $52,280 of costs will be from City funds.
SECTION III. GENERAL CONDITIONS
This offer may only be accepted by signature by an authorized representative of the Applicant.
Upon acceptance by the Applicant, this offer shall become a loan agreement (Agreement) and the
Applicant shall become a Borrower. By accepting this offer, the Borrower agrees to all terms and
conditions set forth in this document and the Rules:
The Borrower agrees:
A. To not transfer, assign or pledge any beneficial interest in this Agreement to any other
person or entity without the prior written consent of the Director of the Department of
Environmental Quality (Director). To not enter into sale, lease or transfer of any of the
property related to the Agreement. To not make any additional material encumbrances to
the project without the prior written consent of the Director. To not incur any liabilities
that would materially affect the funds pledged to repay this loan without the prior written
consent of the Director. To not delegate legal responsibility for complying with the
terms, conditions, and obligations of this Agreement without the prior written consent of
the Director. Notwithstanding any other provision of this paragraph, the Borrower may
sell or otherwise dispose of any of the works, plant, properties and facilities of the project
or any real or personal property comprising a part of the same which shall have become
unserviceable, inadequate, obsolete or unfit to be used in the operation of the project, or
no longer necessary, material or useful in such operation, without the prior written
consent of the Director.
B. To enter into such contractual arrangements with third parties as it deems advisable to
assist it in meeting its responsibilities under this Agreement.
C. To fulfill all declarations, assurances, representations and statements in the application
and all other documents, amendments and communications filed with the Department, by
the Borrower, in support of the request for this loan. Which application is attached hereto
and incorporated by reference herein.
Iona, Loan DW1805 CFDA #66-468 2
D. To comply with applicable State and Federal employment requirements including, but not
limited to, Equal Employment Opportunity and Civil Rights requirements.
E. To make efforts to award subagreements to Disadvantaged Business Enterprises (DBE)
which includes Minority and Women -owned businesses (MBE/WBE).
a. The separate fair share goals for MBE and for WBE will be in bid solicitations and
documentation of efforts to obtain MBE/WBE participation will be required of any
contractor who fails to attain the goals; and,
b. Semi-annual reports of MBE/WBE utilization will be prepared on forms supplied by
the Department; and,
c. Include the following language in all procurement contracts "The contractor shall
not discriminate on the basis of race, color, national origin or sex in the
performance of this contract. The contractor shall carry out applicable
requirements of 40 CFR Part 33 in the award and administration of contracts
awarded under EPA financial assistance agreements. Failure by the contractor to
carry out these requirements is a material breach of this contract which may
result in the termination of this contract or other legally available remedies."
F. To provide the Department with documentation evidencing ownership of, and/or the right
of access or easements for real property on which the project is proposed to be
constructed. Clear title or legal right to access all real property necessary for the
successful operation of the facilities shall be guaranteed by the Borrower for the useful
life of the project, prior to commencement of construction. Land acquisitions shall only
be reimbursed by DEQ if obtained from a willing seller.
G. That if prior to completion of this Agreement the project is damaged or destroyed, there
will be no reduction in the amounts payable by the Borrower to the Department.
H. That in the event there is any default in the payment of either the principal amount, loan
fee or the interest due under this Agreement, or any breach by the Borrower of any of the
terms or conditions of this Agreement, the entire principal amount and whatever interest
and fees are due to the date of payment may be declared due and immediately payable.
The amount of such default shall bear the same interest and fee rate as applies to the
principal of this loan from the date of default until the date of payment by the Borrower.
A11 costs incurred by the Department due to such default, including court costs and
attorney's fees, shall be repaid by the Borrower to the Department.
That Borrower shall levy assessments and take those actions necessary to collect unpaid
charges for services or assessments, including without limitation, seeking money
judgments and filing and foreclosing on liens. Borrower agrees that, in the event
Borrower fails to meet its obligations under this Agreement and the subsequent Bond to
repay the Department, that the Department is entitled to seek specific performance of this
Agreement to force the Borrower to take those actions necessary to collect unpaid charges
for services or assessments in order to repay the Department. Nothing in this paragraph
limits any other remedy available to the Department in the event the Borrower violates
Iona, Loan DW1805 CFDA #66-468 3
this Agreement or the terms of the Bond.
J. That any waiver by the Department at any time of the rights or duties under this
Agreement shall not be deemed a waiver of any subsequent or additional rights or duties
under this Agreement.
K. That the use by the Department of any remedy specified in this Agreement for its
enforcement is not exclusive and shall not deprive the Department of the right to seek any
other appropriate legal or equitable remedy.
L. That this Agreement is binding upon the Borrower and the Department, and any person,
office or entity succeeding the Borrower or the Department.
M. To comply with all applicable federal, state and local laws.
N. In the event any term of this Agreement is held to be invalid or unenforceable by a court,
the remaining terms of this Agreement will remain in force.
O. The total loan funds disbursed per this Agreement are considered federal financial assistance
per the Single Audit Act of 1984, as amended by the Single Audit Act Amendments of 1996
(SAA), 31 U.S.C. §§7501-7507. (2000). If Borrower expends more than $750,000 of any
federal funds in a fiscal year, Borrower shall conduct an audit in accordance with the SAA. In
such case, Borrower shall provide the Department a copy of the SAA audit within nine (9)
months of the end of the audit period per the SAA. Borrower recognizes that it is responsible
for determining if the $750,000 threshold is reached and if a SAA audit is required.
Additionally, Borrower shall inform the Department, in writing, of findings or
recommendations pertaining to the State Revolving Fund contained in any SAA audits
conducted by Borrower.
P. Comply with all federal requirements applicable to the Agreement (including those imposed
by the 2014 Appropriations Act (Public Law 113-76, Section 436) and related SRF Policy
Guidelines) which includes requirements that all of the iron and steel products used in the
Project are to be produced in the United States ("American Iron and Steel Requirement")
unless (i) the Borrower has requested and obtained a waiver from Department pertaining to
the Project or (ii) Department has otherwise advised the Borrower in writing that the
American Iron and Steel Requirement is not applicable to the Project.
Comply with all record keeping and reporting requirements under the Safe Drinking Water
Act (Section 1452, Title XIV of the Public Health Service Act), including any reports
required by a Federal agency or Department such as information on costs and project
progress.
The Borrower understands that (i) each contract and subcontract related to the project is
subject to audit by appropriate federal and/or state entities and (ii) failure to comply with the
Safe Drinking Water Act and this Agreement may be a default hereunder that results in a
Iona, Loan DW1805 CFDA #66-468 4
repayment of the loan in advance of the maturity of the Bonds and/or other remedial actions.
As per Executive Order 12549, 2 CFR 180 and 2 CFR 1532 the loan recipient agrees to not
enter into covered transactions with any contractors or subcontractors that have been
suspended or debarred, and to include a similar term or condition in all lower tier covered
contracts and transactions.
SECTION IV. PROJECT MANAGEMENT
The Borrower agrees to:
A. Require the prime engineering firm(s) and their principals retained for engineering services
to carry professional liability insurance to protect the public from the engineer's negligent
acts and errors of omission of a professional nature. The total aggregate of the engineer's
professional liability insurance shall be at least one hundred thousand dollars ($100,000) or
twice the amount of the engineer's fee, whichever is greater. Professional liability insurance
must cover all services rendered for all phases of the project, whether or not those services
are state funded, until the certification of project performance is accepted by the Department.
B. Comply with the Public Works Contractors License Act and the Public Contracts Bond Act,
Title 54, Chapter 19, Idaho Code, including requiring the prime construction contractor
retained for construction to carry performance and payment bonds equal to one hundred
percent (100%) of the contract price. The bond will be released when the constructed facility
is accepted by the Borrower.
C. Assure that contracts related to the project that provide for arbitration allow appeal of any
resulting arbitration decision to a district court or allow the arbitration to be non -binding on
both parties if either party desires not to use arbitration as a method of dispute settlement.
D. Jointly with an engineering consultant provide assurances that the physical and operational
integrity of the works, when constructed, will achieve the level of treatment provided for in
the design specifications.
E. Provide for the accumulation of funds through charges made for services assessments on
property owners or otherwise, for the purposes of establishing a fund dedicated solely to (1)
the repayment of principal, interest and loan fee on this loan, (2) capital replacement and (3)
future improvement, betterment, and extension of such works occasioned by increased usage
on the facility.
F. Provide a plan and program for an equitable user charge system, as permitted by law, for
payment of operation and maintenance of constructed facilities. The user charge system shall
be approved by the Department and enacted by the Borrower prior to receiving final
payment. Make available on an equitable basis the services of the project to the residents and
commercial and industrial establishments of the area it was designed to serve.
Iona, Loan DW1805 CFDA #66-468 5
G. Develop and adopt a water system protection ordinance approved by the Department prior to
receiving final payment of loan funds.
H. Provide to the Department for approval, an operation and maintenance manual for the
project. The manual shall be approved by the Department prior to receiving final payment of
loan funds.
I. Provide adequate staffing and qualified operation and maintenance personnel as specified in
the operation and maintenance manual approved by the Department.
J. Assure that the operator in responsible charge of the facility has a level of competency
commensurate with the nature of the facility. He or she must be licensed as a Drinking
Water Operator in a class equal to or greater than that of the facility.
K. Assure that distribution and treatment facility personnel shall participate in operator training
programs designed to assure competence in the operation and maintenance of the facility.
L. Commence satisfactory operation and maintenance of the drinking water treatment facility on
completion of the project in accordance with applicable provisions, rules of the Department
and any other applicable law, rule or regulation and not discontinue operation or dispose of
the facility without the written approval of the Department.
M. Review and update the user charge system, as permitted by law, at least biennially during the
life of this Agreement to assure that all costs including debt retirement, operation and
maintenance are offset by sufficient revenues.
N. Maintain project accounts in accordance with generally accepted accounting principles.
O. All laborers and mechanics employed by the prime construction contractor and
subcontractors in the project using State Revolving Fund (SRF) loans shall be paid wages
at rates not less than those prevailing on projects of a character similar in the locality in
accordance with the labor standards, including prevailing wage rates and instructions for
reporting, as established by the United States Department of Labor (subchapter IV of
Chapter 31 of title 40, United States Code). Borrower agrees that all procurement
contracts must include as a term and condition that contractors and subcontractors must
obtain wage determinations from the Department of Labor and comply with Department
of Labor guidance and regulations implementing wage rate requirements applicable to
SRF funds. Wage determinations shall be finalized prior to final bid submissions.
Specific requirements related to Davis Bacon compliance are included in Chapter 6, Form
A, of the DWSRF Loan Handbook, located at
http://www.deq.idaho.gov/media/60179689/6-a-dw-0117.pdf (current as of 01/03/2018).
Iona, Loan DW1805 CFDA #66-468 6
es
SECTION V. SPECIAL CONDITIONS
A. The Borrower shall complete the attached project schedule and submit to the Department for
approval on or before 60 days from the date of this loan offer. No funds shall be disbursed
per this Agreement until a project schedule has been approved by the Department. The
Department approved project schedule shall be attached to this Agreement as Attachment A
and incorporated by reference as if fully set forth herein. The Borrower shall complete the
project in accordance with the approved project schedule.
B. All amendments to the project schedule must be approved by the project engineer in the
Department's Idaho Falls Regional Office, prior to becoming effective.
C. This loan allows for planning costs to be incurred (completion of an environmental
assessment). Until the environmental assessment is completed and accepted by DEQ, no
design or construction costs will be reimbursed.
D. A technical memorandum shall be developed and submitted during the detailed design
phase for each Green Project Reserve (GPR) component identified in the Letter of
Interest. The memorandum shall fully detail the GPR justification according to the
current EPA guidance for determining project eligibility and comparable to the examples
provided on the Department's website. Please review the following URLs for guidance
(current as of 01/08/2018):
1. http://kia.ky.gov/NR/rdonlvres/08C6B5D5-BD95-4DC7-A579-
9CAA7AEAA7AB/0/EPA GPR Guidance May2011.pdf
2. http://water.epa.gov/grants funding/dwsrf/upload/dwsrf gpr business case exam
ples 508 compliant.pdf
3. http://www.deq.idaho.gov/water-quality/grants-loans/green-project-reserve.aspx
SECTION VI. SECURITY REQUIREMENTS
The Borrower agrees:
A. This loan will be evidenced and secured by a bond for $3,900,000 (three million and nine
hundred thousand dollars). The bond will be issued upon project completion and
incorporated by reference into this Agreement.
B. There will be a reserve fund equal to one year's payment of principal, fees and interest on
the loan established. The Borrower has ten years to establish the reserve, setting aside
10% (ten percent) of one year's payment into the reserve fund each year.
Iona, Loan DW1805 CFDA #66-468 7
SECTION VII. LOAN DISBURSEMENTS
The Borrower agrees:
A. This loan shall be used solely to aid in the financing of the Borrower's project described
in Section II.
B. Requests for actual disbursement of loan funds will be made by the Borrower using forms
provided by the Department. Upon approval of the disbursement request by the
Department loans funds shall be released to the Borrower.
C. The costs set forth in Section II have been determined by the Department to be eligible
costs for funding. Some of the costs however, have been estimated, and the actual costs
may differ from such estimated costs. A project review by the Department will determine
final eligible costs for the project.
D. If the actual eligible cost of the project is determined by the Department to be lower than
the estimated eligible cost, the loan amount will be reduced accordingly.
E. An increase in the loan amount as a result of an increase in eligible project costs shall be
considered, provided funds are available. Documentation supporting the need for an
increase must be submitted to the Department for approval prior to incurring any costs
above the eligible cost ceiling.
F. Payment of the final five percent (5%) of this loan shall be withheld until the following
requirements are met:
1. The Borrower's engineer certifies (a) that the project has been constructed
according to plans and specifications previously approved by the Department, (b)
an operations manual has been completed and (c) that the project is fully
operational; and
2. The Department has inspected the project and verifies the engineer's certification.
G. Payment of the final ten percent (10%) of this loan shall be withheld until the following
requirements are met:
1. The Special Conditions in Section V have been met; and
2. A responsible charge operator (RCO) has been designated who is licensed at or above
the classification level of the system. At such times as the RCO is not available, a
substitute RCO shall be designated to replace the RCO, who is licensed at or above
the classification level of the system.
H. This offer is subject to the existence of the offered sum of money in the Account at the
Iona, Loan DW1805
CFDA #66-468 8
time of payment. Should the offered sum of money not be available in the Account at the
time of payment, the Department hereby agrees to pay the Borrower the offered sum of
money on the basis of the Borrower's priority position immediately upon the accrual of
said sum in the Account.
SECTION VIH. REPAYMENT TERMS AND SCHEDULE
The Borrower agrees:
A. This loan shall be repaid in the manner set forth in the bond, which shall be attached to
this Agreement and incorporated by reference. The payment terms of the bond shall be
consistent with this Agreement.
B. To pay biannual payments of principal, fees and interest and to fully amortize this loan
not later than thirty (30) years from project completion. Interest will begin accruing with
the first disbursement of funds. At the time of closing, accrued interest will be either paid
to the Department or incorporated into the final loan amount if the approved amount has
not been exceeded.
C. At the time of closing, the Department may elect to impose a loan fee (not to exceed 1%)
pursuant to the Rules. If a loan fee is imposed, the loan interest rate will be reduced by
the amount of the loan fee. The loan fee will be assessed against the final loan balance,
which shall include the entire principal balance and may include capitalized interest. Any
loan fee shall be due and payable concurrently with scheduled loan principal and interest
repayments over the repayment period.
D. This Agreement shall remain in full force and effect until all loan proceeds, including
principal, interest and loan fee, have been paid in full or the Agreement is otherwise
suspended or terminated by the Department.
SECTION IX. SUSPENSION OR TERMINATION OF LOAN AGREEMENT
A. The Director may suspend or terminate this Agreement prior to final disbursement for
failure of the loan recipient or its agents, including engineering firm(s), contractor(s), or
subcontractor(s) to perform. This Agreement may be suspended or terminated for good
cause including, but not limited to, the following:
1. Commission of fraud, embezzlement, theft, forgery, bribery, misrepresentation,
conversion, malpractice, misconduct, malfeasance, misfeasance, falsification or
unlawful destruction of records, receipt of stolen property or any form of tortious
conduct; or
2. Commission of any crime for which the maximum sentence includes the
possibility of one (1) or more years imprisonment or any crime involving or
affecting the project; or
Iona, Loan DW1805
CFDA #66-468 9
3. Violation(s) of any term of this Agreement; or
4. Any willful or serious failure to perform within the scope of the project, plan of
operation and project schedule, terms of engineering subagreements, or contracts
for construction; or
5. Utilizing a contractor or subcontractor who has been suspended or debarred by
order of any federal or state agency from working on public work projects funded
by that agency.
B. The Director will notify the Borrower in writing and by certified mail of the intent to
suspend or terminate this Agreement. The notice of intent shall state:
1. Specific acts or omissions which form the basis for suspension or termination; and
2. Availability of a contested case hearing before the Board of Environmental
Quality conducted as provided for in the Rules of Administrative Procedure
Before the Board of Environmental Quality, IDAPA 58.01.23.
C. If the Borrower does not initiate a contested case hearing before the Board by filing a
petition within the time period specified by the Rules of Administrative Procedure Before
the Board of Environmental Quality, IDAPA 58.01.23., the Department may thereafter
terminate or suspend the Agreement by written notice to the Borrower. If the Borrower
initiates a contested case, the termination or suspension shall be determined by the Board.
D. The Borrower shall perform no work under the Agreement after receiving a notice of
intent to suspend or terminate until all administrative proceedings and appeals therefrom
are final or the Department reinstates the Agreement as provided herein.
E. Upon written request by the Borrower with evidence that the cause(s) for suspension no
longer exists, the Director may, if funds are available, reinstate the Agreement. If a
suspended Agreement is not reinstated, the loan will be amortized and a repayment
schedule prepared in accordance with the provisions of this Agreement.
F. No terminated loan shall be reinstated. If the loan is terminated prior to final
disbursement, the Borrower shall immediately pay back to the Department all disbursed
funds and accrued interest.
SECTION X. ACCESS AND INDEMNIFICATION
The Borrower agrees to:
A. Provide the Director, or his/her authorized agents, and the U.S. Environmental Protection
Agency, access to all files, records, accountings and books relating to the management
Iona, Loan DWI805 CFDA #66-468 10
and accountability of this loan.
B. Indemnify and hold harmless the State of Idaho, its agents and its employees from any
and all claims, actions, damages, liabilities and expenses directly or indirectly connected
to the Borrower or its agents, employees, contractors, or assignees actions related to the
location, design, construction, operation, maintenance, repair, failure or deactivation of
the project or any part of the project.
SECTION XL OFFER
The offer set forth herein must be accepted, if at all, on or before 60 days from the date of this
loan offer. An acceptance must be accompanied by a resolution of the Applicant's governing
body authorizing the signator to sign on the Applicant's behalf for the purpose of this agreement.
Dated January q , 2018.
H. Tippets
tor
Department of Environmental Quality
SECTION XII. ACCEPTANCE
The City of Iona, by and through its undersigned representative(s), accepts the foregoing offer
and agrees to discharge all obligations and to comply with all terms and conditions contained
herein.
Signature of Representative
i /s5z,.< - 4`e6/Q / el fre CY�% Xotil
Name and Title of Representative - type or print
J/ /7 C//'
Date
Iona, Loan DW1805 CFDA #66-468 11
ATTACHMENT A
LOAN AGREEMENT BETWEEN THE STATE OF IDAHO
DEPARTMENT OF ENVIRONMENTAL QUALITY AND
CITY OF IONA
LOAN PROJECT NUMBER: DW1805
PROJECT SCHEDULE
Pursuant to Section V, Special Conditions of the loan agreement (Agreement) between the State of
Idaho, Department of Environmental Quality (Department) and the city of Iona (Borrower), Loan
Project Number: DW 1805, the Borrower agrees to complete the project, which consists of installing a
new generator, constructing a new storage tank, a new well and transmission lines, in accordance with
the following schedule:
Number of Months from Task
Loan Acceptance - k
N
Y �� 10% Design Review
50% Design Review
/20 dal
°! co 90% Design Review
User Charge System Approved
6 Water System Protection Ordinance Approved
j/ fr Final Plans, Specifications and Bidding Documents
/. z- Bid Summary
/ 3 g Award Construction Contract
/ y Project Management Conference
/ 7 Plan of Operation Amendment
2 Z Draft Operation & Maintenance (O&M) Manual
Staffing Plan
z / /y Construction Completion
6 User Charge or Tax Assessment System Enacted
!v Water Protection Ordinance Enacted
2 Final O&M Manual
Li Updated Drinking Water System Classification Worksheets
Verify Appropriate Operator Licensure
2/
2/
2�
Project schedule approved by:
Final Inspection
Initiate Operation
Final Payment
Si a ature of : orrower c epresentative Signature of Department Representative
Printed Name of Borrower Representative
/7 N/ • e/g
Date of Approval
City of Iona
Printed Name of Department Representative
Date of Approval
DW1805 Attachment A
Attachment B
Wage Rate Requirements Under The Consolidated and Further Continuing Appropriations Act, 2013
(P.L.113-6)
Preamble
With respect to the Clean Water and Safe Drinking Water State Revolving Funds, EPA provides
capitalization grants to each State which in turn provides subgrants or loans to eligible entities within
the State. Typically, the subrecipients are municipal or other local governmental entities that manage
the funds. For these types of recipients, the provisions set forth under Roman Numeral I, below, shall
apply. Although EPA and the State remain responsible for ensuring subrecipients' compliance with the
wage rate requirements set forth herein, those subrecipients shall have the primary responsibility to
maintain payroll records as described in Section 3(ii)(A), below and for compliance as described in
Section 1-5.
Occasionally, the subrecipient may be a private for profit or not for profit entity. For these types of
recipients, the provisions set forth in Roman Numeral II, below, shall apply. Although EPA and the State
remain responsible for ensuring subrecipients' compliance with the wage rate requirements set forth
herein, those subrecipients shall have the primary responsibility to maintain payroll records as described
in Section II-3(ii)(A), below and for compliance as described in Section 11-5.
Requirements Under The Consolidated and Further Continuing Appropriations Act. 2013 (P.L.113-61
For Subrecipients That Are Governmental Entities:
The following terms and conditions specify how recipients will assist EPA in meeting its Davis -Bacon (DB)
responsibilities when DB applies to EPA awards of financial assistance under the FY 2013 Continuing
Resolution with respect to State recipients and subrecipients that are governmental entities. If a
subrecipient has questions regarding when DB applies, obtaining the correct DB wage determinations,
DB provisions, or compliance monitoring, it may contact the State recipient. If a State recipient needs
guidance, the recipient may contact Idaho DEQ's Tim Wendland at tim.wendland@deq.idaho.gov or at
208-373-0439. The recipient or subrecipient may also obtain additional guidance from U.S. Department
of Labor's (DOL) web site at htta://www.dol.eov/whd/
1. Applicability of the DB prevailing wage requirements.
Under the FY 2013 Continuing Resolution, DB prevailing wage requirements apply to the
construction, alteration, and repair of treatment works carried out in whole or in part with
assistance made available by a State water pollution control revolving fund and to any construction
project carried out in whole or in part by assistance made available by a drinking water treatment
revolving loan fund. If a subrecipient encounters a unique situation at a site that presents
uncertainties regarding DB applicability, the subrecipient must discuss the situation with the
recipient State before authorizing work on that site.
2. Obtaining Wage Determinations.
(a) Subrecipients shall obtain the wage determination for the locality in which a covered activity subject
to DB will take place prior to issuing requests for bids, proposals, quotes or other methods for soliciting
contracts (solicitation) for activities subject to DB. These wage determinations shall be incorporated
into solicitations and any subsequent contracts. Prime contracts must contain a provision requiring that
subcontractors follow the wage determination incorporated into the prime contract.
Attachment B
(i) While the solicitation remains open, the subrecipient shall monitor www.wdol.gov weekly to
ensure that the wage determination contained in the solicitation remains current. The
subrecipients shall amend the solicitation if DOL issues a modification more than 10 days
prior to the closing date (i.e. bid opening) for the solicitation. If DOL modifies or supersedes
the applicable wage determination less than 10 days prior to the closing date, the
subrecipients may request a finding from the State recipient that there is not a reasonable
time to notify interested contractors of the modification of the wage determination. The
State recipient will provide a report of its findings to the subrecipient.
(ii) If the subrecipient does not award the contract within 90 days of the closure of the
solicitation, any modifications or supersedes DOL makes to the wage determination
contained in the solicitation shall be effective unless the State recipient, at the request of
the subrecipient, obtains an extension of the 90 day period from DOL pursuant to 29 CFR
1.6(c)(3)(iv). The subrecipient shall monitor www.wdol.gov on a weekly basis if it does not
award the contract within 90 days of closure of the solicitation to ensure that wage
determinations contained in the solicitation remain current.
(b) If the subrecipient carries out activity subject to DB by issuing a task order, work assignment or
similar instrument to an existing contractor (ordering instrument) rather than by publishing a
solicitation, the subrecipient shall insert the appropriate DOL wage determination from www.wdol.gov
into the ordering instrument.
(c) Subrecipients shall review all subcontracts subject to DB entered into by prime contractors to verify
that the prime contractor has required its subcontractors to include the applicable wage
determinations.
(d) As provided in 29 CFR 1.6(f), DOL may issue a revised wage determination applicable to a
subrecipient's contract after the award of a contract or the issuance of an ordering instrument if DOL
determines that the subrecipient has failed to incorporate a wage determination or has used a wage
determination that clearly does not apply to the contract or ordering instrument. If this occurs, the
subrecipient shall either terminate the contract or ordering instrument and issue a revised solicitation or
ordering instrument or incorporate DOL's wage determination retroactive to the beginning of the
contract or ordering instrument by change order. The subrecipient's contractor must be compensated
for any increases in wages resulting from the use of DOL's revised wage determination.
3. Contract and Subcontract provisions.
(a) The Recipient shall insure that the subrecipient(s) shall insert in full in any contract in excess of
$2,000 which is entered into for the actual construction, alteration and/or repair, including painting and
decorating, of a treatment work under the CWSRF or a construction project under the DWSRF financed
in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed
from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual
contribution (except where a different meaning is expressly indicated), and which is subject to the labor
standards provisions of any of the acts listed in § 5.1 or the FY 2013 Continuing Resolution, the following
clauses:
Attachment B
(1) Minimum wages.
(i) All laborers and mechanics employed or working upon the site of the work will be paid
unconditionally and not less often than once a week, and without subsequent deduction or rebate on
any account (except such payroll deductions as are permitted by regulations issued by the Secretary of
Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits
(or cash equivalents thereof) due at time of payment computed at rates not less than those contained in
the wage determination of the Secretary of Labor which is attached hereto and made a part hereof,
regardless of any contractual relationship which may be alleged to exist between the contractor and
such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of
the DB Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics,
subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs
incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or
programs which cover the particular weekly period, are deemed to be constructively made or incurred
during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and
fringe benefits on the wage determination for the classification of work actually performed, without
regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than
one classification may be compensated at the rate specified for each classification for the time actually
worked therein: provided, that the employer's payroll records accurately set forth the time spent in
each classification in which work is performed. The wage determination (including any additional
classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the DB poster
(WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in
a prominent and accessible place where it can be easily seen by the workers.
Subrecipients may obtain wage determinations from the DOL's web site, www.dol.gov.
(ii)(A) The subrecipient(s), on behalf of EPA, shall require that any class of laborers or mechanics,
including helpers, which is not listed in the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage determination. The State award official shall
approve a request for an additional classification and wage rate and fringe benefits therefore only when
the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the
wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to
the wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or
their representatives, and the subrecipient(s) agree on the classification and wage rate (including the
amount designated for fringe benefits where appropriate), documentation of the action taken and the
request, including the local wage determination shall be sent by the subrecipient (s) to the State award
official. The State award official will transmit the request, to the Administrator of the Wage and Hour
Division, Employment Standards Administration, DOL, Washington, DC 20210 and to the EPA DB
Attachment B
Regional Coordinator concurrently. The Administrator, or an authorized representative, will approve,
modify, or disapprove every additional classification request within 30 days of receipt and so advise the
State award official or will notify the State award official within the 30-day period that additional time is
necessary.
(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their
representatives, and the subrecipient(s) do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropriate), the award official shall refer
the request and the local wage determination, including the views of all interested parties and the
recommendation of the State award official, to the Administrator for determination. The request shall
be sent to the EPA DB Regional Coordinator concurrently. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt of the request and so advise the
contracting officer or will notify the contracting officer within the 30-day period that additional time is
necessa ry.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs
(a)(1)(ii)(B) or (C) of this section, shall be paid to all workers performing work in the classification under
this contract from the first day on which work is performed in the classification.
Oil) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics
includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the
benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly
cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may
consider as part of the wages of any laborer or mechanic the amount of any costs reasonably
anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary
of Labor has found, upon the written request of the contractor, that the applicable standards of the DB
Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account
assets for the meeting of obligations under the plan or program.
(2) Withholding. The subrecipient(s), shall upon written request of the EPA Award Official or an
authorized representative of the DOL, withhold or cause to be withheld from the contractor under this
contract or any other Federal contract with the same prime contractor, or any other federally -assisted
contract subject to DB prevailing wage requirements, which is held by the same prime contractor, so
much of the accrued payments or advances as may be considered necessary to pay laborers and
mechanics, including apprentices, trainees, and helpers, employed by the contractor or any
subcontractor the full amount of wages required by the contract. In the event of failure to pay any
laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the
work, all or part of the wages required by the contract, the (Agency) may, after written notice to the
contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension
of any further payment, advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and basic records.
(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of
the work and preserved for a period of three years thereafter for all laborers and mechanics working at
the site of the work. Such records shall contain the name, address, and social security number of each
Attachment B
such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions
or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in
section 1(b)(2)(B) of the DB Act), daily and weekly number of hours worked, deductions made and actual
wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of
any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits
under a plan or program described in section 1(b)(2)(B) of the DB Act, the contractor shall maintain
records which show that the commitment to provide such benefits is enforceable, that the plan or
program is financially responsible, and that the plan or program has been communicated in writing to
the laborers or mechanics affected, and records which show the costs anticipated or the actual cost
incurred in providing such benefits. Contractors employing apprentices or trainees under approved
programs shall maintain written evidence of the registration of apprenticeship programs and
certification of trainee programs, the registration of the apprentices and trainees, and the ratios and
wage rates prescribed in the applicable programs.
(ii)(A) The contractor shall submit weekly, for each week in which any contract work is performed, a
copy of all payrolls to the subrecipient, that is, the entity that receives the sub -grant or loan from the
State capitalization grant recipient. Such documentation shall be available on request of the State
recipient or EPA. As to each payroll copy received, the subrecipient shall provide written confirmation in
a form satisfactory to the State indicating whether or not the project is in compliance with the
requirements of 29 CFR 5.5(a)(1) based on the most recent payroll copies for the specified week. The
payrolls shall set out accurately and completely all of the information required to be maintained under
29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on
the weekly payrolls. Instead the payrolls shall only need to include an individually identifying number
for each employee (e.g., the last four digits of the employee's social security number). The required
weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available
for this purpose from the Wage and Hour Division Web site at
htto://www.dol.Rov/whd/forms/wh347instr.htm or its successor site. The prime contractor is
responsible for the submission of copies of payrolls by all subcontractors. Contractors and
subcontractors shall maintain the full social security number and current address of each covered
worker, and shall provide them upon request to the subrecipient(s) for transmission to the State or EPA
if requested by EPA , the State, the contractor, or the Wage and Hour Division of the OL for purposes of
an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this
section for a prime contractor to require a subcontractor to provide addresses and social security
numbers to the prime contractor for its own records, without weekly submission to the subrecipient(s).
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance,' signed by the
contractor or subcontractor or his or her agent who pays or supervises the payment of the persons
employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under § 5.5
(a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5
(a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the
contract during the payroll period has been paid the full weekly wages earned, without rebate, either
directly or indirectly, and that no deductions have been made either directly or indirectly from the full
wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;
Attachment B
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe
benefits or cash equivalents for the classification of work performed, as specified in the applicable wage
determination incorporated into the contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional
Form WH-347 shall satisfy the requirement for submission of the Statement of Compliance" required
by paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the contractor or subcontractor to
civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United
States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this
section available for inspection, copying, or transcription by authorized representatives of the State, EPA
or the DOL, and shall permit such representatives to interview employees during working hours on the
job. If the contractor or subcontractor fails to submit the required records or to make them available,
the Federal agency or State may, after written notice to the contractor, sponsor, applicant, or owner,
take such action as may be necessary to cause the suspension of any further payment, advance, or
guarantee of funds. Furthermore, failure to submit the required records upon request or to make such
records available may be grounds for debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees--
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work
they performed when they are employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the DOL, Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized
by the Office, or if a person is employed in his or her first 90 days of probationary employment as an
apprentice in such an apprenticeship program, who is not individually registered in the program, but
who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State
Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an
apprentice. The allowable ratio of apprentices to journeymen on the job Site in any craft classification
shall not be greater than the ratio permitted to the contractor as to the entire work force under the
registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or
otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In addition, any apprentice performing
work on the job site in excess of the ratio permitted under the registered program shall be paid not less
than the applicable wage rate on the wage determination for the work actually performed. Where a
contractor is performing construction on a project in a locality other than that in which its program is
registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate)
specified in the contractors or subcontractor's registered program shall be observed. Every apprentice
must be paid at not less than the rate specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage
determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices
must be paid the full amount of fringe benefits listed on the wage determination for the applicable
classification. If the Administrator determines that a different practice prevails for the applicable
apprentice classification, fringes shall be paid in accordance with that determination. In the event the
Attachment B
Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency
recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no
longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced by formal certification by the DOL,
Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not
be greater than permitted under the plan approved by the Employment and Training Administration.
Every trainee must be paid at not less than the rate specified in the approved program for the trainee's
level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable
wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full
amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and
Hour Division determines that there is an apprenticeship program associated with the corresponding
journeyman wage rate on the wage determination which provides for less than full fringe benefits for
apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating
in a training plan approved by the Employment and Training Administration shall be paid not less than
the applicable wage rate on the wage determination for the classification of work actually performed. In
addition, any trainee performing work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate on the wage determination for
the work actually performed. In the event the Employment and Training Administration withdraws
approval of a training program, the contractor will no longer be permitted to utilize trainees at less than
the applicable predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this
part shall be in conformity with the equal employment opportunity requirements of Executive Order
11246, as amended, and 29 CFR part 30.
(5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of
29 CFR part 3, which are incorporated by reference in this contract.
(6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained
in 29 CFR 5.5(a)(1) through (10) and such other clauses as the EPA determines may by appropriate, and
also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The
prime contractor shall be responsible for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in 29 CFR 5.5.
(7) Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for
termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29
CFR 5.12.
(8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the DB
and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this
contract.
Attachment B
(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this
contract shall not be subject to the general disputes clause of this contract. Such disputes shall be
resolved in accordance with the procedures of the DOL set forth in 29 CFR parts 5, 6, and 7. Disputes
within the meaning of this clause include disputes between the contractor (or any of its subcontractors)
and Subrecipient(s), State, EPA, the DOL, or the employees or their representatives.
(10) Certification of eligibility.
(i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or
firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government
contracts by virtue of section 3(a) of the DB Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of section 3(a) of the DB Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
4. Contract Provision for Contracts in Excess of $100,000.
(a) Contract Work Hours and Safety Standards Act. The subrecipient shall insert the following clauses
set forth in paragraphs (a)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess
of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards
Act. These clauses shall be inserted in addition to the clauses required by Item 3, above or 29 CFR 4.6.
As used in this paragraph, the terms laborers and mechanics include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work
which may require or involve the employment of laborers or mechanics shall require or permit any such
laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of
forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such
workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause
set forth in paragraph (a)(1) of this section the contractor and any subcontractor responsible therefore
shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the
United States (in the case of work done under contract for the District of Columbia or a territory, to such
District or to such territory), for liquidated damages. Such liquidated damages shall be computed with
respect to each individual laborer or mechanic, including watchmen and guards, employed in violation
of the clause set forth in paragraph (a)(1) of this section, in the sum of $10 for each calendar day on
which such individual was required or permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the clause set forth in paragraph (a)(1) of this
section.
(3) Withholding for unpaid wages and liquidated damages. The subrecipient, upon written request of
the EPA Award Official or an authorized representative of the DOL, shall withhold or cause to be
withheld, from any moneys payable on account of work performed by the contractor or subcontractor
under any such contract or any other Federal contract with the same prime contractor, or any other
federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held
Attachment B
by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities
of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause
set forth in paragraph (b)(2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraph (a)(1) through (4) of this section and also a clause requiring the subcontractors to include
these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance
by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a)(1) through
(4) of this section.
(b) In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract
Work Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the
Subrecipient shall insert a clause requiring that the contractor or subcontractor shall maintain payrolls
and basic payroll records during the course of the work and shall preserve them for a period of three
years from the completion of the contract for all laborers and mechanics, including guards and
watchmen, working on the contract. Such records shall contain the name and address of each such
employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly
number of hours worked, deductions made, and actual wages paid. Further, the Subrecipient shall insert
in any such contract a clause providing hat the records to be maintained under this paragraph shall be
made available by the contractor or subcontractor for inspection, copying, or transcription by authorized
representatives of the (write the name of agency) and the Department of Labor, and the contractor or
subcontractor will permit such representatives to interview employees during working hours on the job.
5. Compliance Verification
(a) If there is a reasonable doubt that any contractor is not fully complying with DB prevailing wages,
the subrecipient shall periodically interview a sufficient number of employees entitled to DB prevailing
wages (covered employees) to verify that contractors or subcontractors are paying the appropriate
wage rates. As provided in 29 CFR 5.6(a)(6), all interviews must be conducted in confidence. The
subrecipient must use Standard Form 1445 (SF 1445) or equivalent documentation to memorialize the
interviews. Copies of the SF 1445 are available from EPA on request.
(b) The subrecipient shall establish and follow an interview schedule based on its assessment of the risks
of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or
subcontract. Subrecipients must conduct more frequent interviews if the initial interviews or other
information indicated that there is a risk that the contractor or subcontractor is not complying with DB.
Subrecipients shall immediately conduct interviews in response to an alleged violation of the prevailing
wage requirements. All interviews shall be conducted in confidence.
(c) The subrecipient shall periodically conduct spot checks of a representative sample of weekly payroll
data to verify that contractors or subcontractors are paying the appropriate wage rates. The
subrecipient shall establish and follow a spot check schedule based on its assessment of the risks of
noncompliance with DB posed by contractors or subcontractors and the duration of the contract or
subcontract. At a minimum, if practicable, the subrecipient should spot check payroll data within two
weeks of each contractor or subcontractor's submission of its initial payroll data and two weeks prior to
the completion date the contract or subcontract. Subrecipients must conduct more frequent spot
checks if the initial spot check or other information indicates that there is a risk that the contractor or
subcontractor is not complying with DB. In addition, during the examinations the subrecipient shall
Attachment B
verify evidence of fringe benefit plans and payments thereunder by contractors and subcontractors who
claim credit for fringe benefit contributions.
(d) The subrecipient shall periodically review contractors and subcontractors use of apprentices and
trainees to verify registration and certification with respect to apprenticeship and training programs
approved by either the DOL or a state, as appropriate, and that contractors and subcontractors are not
using disproportionate numbers of, laborers, trainees and apprentices. These reviews shall be
conducted in accordance with the schedules for spot checks and interviews described in Item 5(b) and
(c) above.
(e) Subrecipients must immediately report potential violations of the DB prevailing wage requirements
to the EPA DB contact listed above and to the appropriate DOL Wage and Hour District Office listed at
http://www.dolgov/contacts/whd/america2.htm.
es
Attachment C
Davis Bacon Compliance Requirements for Borrowers
Compliance with this Attachment to the Loan Offer will be monitored as part of the
DEQ Project Officer's disbursement approval process, and during interim and
final inspections.
1. Request Additional "Trade" Classifications and Wage Rates
If the work classification(s) needed does not appear on a federal wage decision, borrowers will
need to request an additional classification and wage rate. It is recommended the process be
started early during the preconstruction conference. The borrower and prime contractor for the
project should identify the classification needed and recommend a wage rate through the
Department of Environmental Quality (DEQ).
Requests can be approved if:
• The work that will be performed by the requested classification is not already
performed by another classification that is already on the wage decision. (In other
words, if there already is an Electrician classification and wage rate on the wage
decision, another Electrician classification and rate cannot be requested.)
• The proposed wage rate, including bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
• If the contractor and laborers and mechanics to be employed in the classification
(if known), and the borrower agree on the classification and wage rate (including
fringe where appropriate).
Requests must be made in writing through the borrower, including a completed Conformance
Request SF 1444 Form. The request should identify the work classification that is missing and
recommend a wage rate for the classification. Also include any pertinent documents that may be
helpful (if requesting paying the state prevailing wage rate, include the state wage decision).
Send the packet to DEQ for review and submission to the U.S. Department of Labor (DOL) for
approval. DOL's response will be forwarded to the borrower.
If the request is denied, the borrower will be notified what classification and rate should be used.
Requesting additional classification does not hold up the payroll process. It may however result
in correcting underpayments if DOL is not in agreement with the request.
2. Conduct Payroll Reviews
The Federal Copeland Act requires that workers be paid at least once a week, and without any
deductions or rebates except permissible deductions such as payroll taxes, deductions the worker
authorizes in writing, or those provided by court order. The Act also requires contractors to
maintain payroll records and submit weekly certified payroll and statement of compliance to the
borrower certifying wages paid and deductions made. The appropriate wage rates are those
determined pursuant to the federal Davis -Bacon related acts by the Federal Department of Labor.
Further, if the rate is not shown in the Davis -Bacon related acts, an additional classification must
be obtained from the U.S. Department of Labor through DEQ.
" B o r r o w e r s m u s t a l s o r e v i e w p a y r o l l s t o d e t e r m i n e i f w o r k e r s o n t h e c o n s t r u c t i o n p r o j e c t
h a v e r e c e i v e d a p p r o p r i a t e r a t e s o f o v e r t i m e c o m p e n s a t i o n . T h e C o n t r a c t W o r k H o u r s a n d
S a f e t y A c t r e q u i r e s t h a t l a b o r e r s a n d m e c h a n i c s r e c e i v e o v e r t i m e c o m p e n s a t i o n a t a r a t e
o f n o t l e s s t h a n o n e a n d o n e - h a l f t i m e s t h e i r r e g u l a r h o u r l y w a g e a f t e r t h e y h a v e w o r k e d
4 0 h o u r s i n o n e w e e k o n D W S R F f u n d e d p r o j e c t s .
W e e k l y p a y r o l l r e c o r d s m u s t b e r e v i e w e d b y t h e b o r r o w e r f o r t h e f o l l o w i n g :
" P a y r o l l s w e r e s u b m i t t e d o n t i m e
" F o r m s w e r e f i l l e d o u t c o m p l e t e l y i n c l u d i n g o n t h e i n i t i a l p a y r o l l , t h e n a m e , i d e n t i f y i n g
n u m b e r , a d d r e s s , a n d j o b c l a s s i f i c a t i o n f o r e a c h e m p l o y e e .
" A l l s e l f - e m p l o y e d o w n e r s , w h o h a v e n o e m p l o y e e s , a r e d e s i g n a t e d a s a n e m p l o y e e a n d
a r e r e p o r t e d o n t h e c e r t i f i e d p a y r o l l o f t h e G e n e r a l c o n t r a c t o r ( o r s u b c o n t r a c t o r i f h i r e d b y
t h e m ) . F i l l o u t t h e f o r m t h e s a m e a s f o r e m p l o y e e s a n d e n t e r " s e l f - e m p l o y e d " a n d
c o n t r a c t i n g l i c e n s e n u m b e r w h e r e t h e p a y r o l l a s k s f o r d e d u c t i o n s .
" I f t h e o w n e r o f t h e c o m p a n y h a s e m p l o y e e s a n d p e r f o r m s w o r k o n t h e p r o j e c t c o v e r e d b y
D a v i s - B a c o n w a g e d e c i s i o n s , t h e o w n e r i s l i s t e d a s a n e m p l o y e e o n t h e c e r t i f i e d p a y r o l l
h e s u b m i t s f o r h i s e m p l o y e e s . F i l l o u t t h e f o r m t h e s a m e a s f o r e m p l o y e e s a n d e n t e r " s e l f -
e m p l o y e d , o w n e r o r o w n e r / o p e r a t o r " .
" T h e w a g e s a n d f r i n g e s l i s t e d o n t h e c e r t i f i e d p a y r o l l f o r e a c h j o b c l a s s i f i c a t i o n a g r e e w i t h
t h o s e i d e n t i f i e d o n t h e s t a t e m e n t o f i n t e n t t o p a y p r e v a i l i n g w a g e s .
" T h e p a y r o l l s i n c l u d e a l l t h e c l a s s i f i c a t i o n s b e i n g u t i l i z e d e v e n i f n o t l i s t e d o n t h e
s t a t e m e n t o f i n t e n t t o p a y p r e v a i l i n g w a g e s .
" P a y r o l l s o n l y i n c l u d e p e r m i s s i b l e d e d u c t i o n s .
" W h e n f r i n g e b e n e f i t s a r e b e i n g p a i d i n t o a b e n e f i t p l a n , b l o c k 4 ( a ) o n t h e b a c k o f t h e
c e r t i f i e d p a y r o l l f o r m m u s t b e c h e c k e d .
" A p p r e n t i c e s o r t r a i n e e s l i s t e d o n t h e c e r t i f i e d p a y r o l l a r e w o r k i n g u n d e r a p p r o v e d
a p p r e n t i c e s h i p a n d t r a i n i n g a g r e e m e n t s . C o p i e s o f t h o s e c e r t i f i c a t i o n s s h o u l d b e i n c l u d e d
w i t h p a y r o l l s .
" T h e p a y r o l l f o r m i s s i g n e d .
3 . C o n d u c t O n - S i t e R e v i e w s
T h e b o r r o w e r , o r i t s r e p r e s e n t a t i v e , m u s t p r o v i d e f o r v i s i t s t o t h e c o n s t r u c t i o n s i t e t o d e t e r m i n e
t h a t :
" W a g e d e t e r m i n a t i o n s a r e p o s t e d a t t h e j o b s i t e .
" E m p l o y e e s a r e w o r k i n g w i t h i n t h e p r o p e r j o b c l a s s i f i c a t i o n .
4 . C o n d u c t E m p l o y e e I n t e r v i e w s
I f t h e r e i s r e a s o n t o s u s p e c t c o n t r a c t o r n o n c o m p l i a n c e : T h e b o r r o w e r o r i t s r e p r e s e n t a t i v e ( n o t
t h e p r i m e c o n t r a c t o r , o r s u b c o n t r a c t o r s ) m u s t c o n d u c t e m p l o y e e i n t e r v i e w s w i t h a t l e a s t o n e
e m p l o y e e i n e a c h t r a d e t o d e t e r m i n e t h e f o l l o w i n g :
" E m p l o y e e s a r e b e i n g p a i d t h e a m o u n t s / r a t e s s t a t e d o n t h e p a y r o l l s
" E m p l o y e e s a r e b e i n g p r o p e r l y c o m p e n s a t e d f o r o v e r t i m e h o u r s
" E m p l o y e e s a r e r e c e i v i n g t h e i r f u l l w a g e s a n d f r i n g e b e n e f i t s a n d a r e n o t b e i n g s u b j e c t e d
t o c o e r c i o n o r k i c k b a c k t a c t i c s b y t h e c o n t r a c t o r o r s u b c o n t r a c t o r s .
" C o n t r a c t o r s a n d s u b c o n t r a c t o r s a r e u s i n g a n d p a y i n g a p p r e n t i c e s a n d t r a i n e e s
a p p r o p r i a t e l y .
5 . S u b m i t F i r s t W e e k L a b o r S t a n d a r d s ( 2 1 D a y L a b o r P a c k e t )
F o r e a c h p r i m e a n d s u b c o n t r a c t o r p e r f o r m i n g w o r k o n - s i t e d u r i n g t h e f i r s t w e e k o f c o n s t r u c t i o n ,
t h e b o r r o w e r m u s t p r o v i d e a c o p y o f t h e f o l l o w i n g d o c u m e n t s t o t h e D E Q r e g i o n a l o f f i c e i n
c h a r g e o f d a y - t o - d a y p r o j e c t o v e r s i g h t , w i t h i n 2 1 d a y s a f t e r t h e c o n t r a c t o r s s t a r t c o n s t r u c t i o n o n
t h e p r o j e c t .
" C e r t i f i e d P a y r o l l f o r t h e f i r s t w e e k p a y p e r i o d
" E m p l o y e e i n t e r v i e w f o r m s f o r t h e f i r s t w e e k ( i f t h e r e i s a r e a s o n a b l e d o u b t t h a t a n y
c o n t r a c t o r i s n o t f u l l y c o m p l y i n g w i t h D B p r e v a i l i n g w a g e s )
T h e p u r p o s e f o r s u b m i t t i n g t h e a b o v e i n f o r m a t i o n t o D E Q i s t o a s s u r e t h a t a n y u n d e r p a y m e n t s
a r e d e t e c t e d e a r l y a n d a p p r o p r i a t e c o r r e c t i o n s m a d e e a r l y w h i l e e a s y t o i m p l e m e n t . T h e f i r s t
w e e k l a b o r s t a n d a r d s ( 2 1 d a y ) p a c k e t m u s t b e p r o v i d e d t o D E Q a n d a n y u n d e r p a y m e n t s
r e s o l v e d b e f o r e D E Q w i l l p a y t h e c o n s t r u c t i o n r e i m b u r s e m e n t r e q u e s t . I f u n d e r p a y m e n t s
a r e d i s c o v e r e d , D E Q w i l l n o t i f y t h e b o r r o w e r t o w o r k w i t h t h e p r i m e c o n t r a c t o r t o h a v e
r e s t i t u t i o n m a d e a n d a c o r r e c t e d c e r t i f i e d p a y r o l l s u b m i t t e d t o D E Q f o r a p p r o v a l .
6 . R e s o l v e O v e r t i m e V i o l a t i o n s
I f t h e p r i m e c o n t r a c t o r o r s u b c o n t r a c t o r s d o n o t c o m p e n s a t e a w o r k e r a p p r o p r i a t e l y f o r o v e r t i m e ,
t h e b o r r o w e r n e e d s t o n o t i f y D E Q a n d w o r k w i t h t h e p r i m e c o n t r a c t o r t o r e s o l v e t h e o v e r t i m e
v i o l a t i o n s .
" I f t h e v i o l a t i o n i s l e s s t h a n $ 1 0 p e r w o r k e r , t h e v i o l a t i o n d o e s n o t h a v e t o b e r e p o r t e d .
" I f t h e v i o l a t i o n i s $ 1 0 o r m o r e p e r w o r k e r , t h e p r i m e c o n t r a c t o r m u s t m a k e p a y m e n t o r
a s s u r e p a y m e n t s a r e m a d e b y s u b c o n t r a c t o r s a n d s u b m i t a c o r r e c t e d c e r t i f i e d p a y r o l l a n d
a c o p y o f t h e c h e c k t o t h e w o r k e r , a n d s e n d i t t o t h e b o r r o w e r . A n y t i m e t h e v i o l a t i o n i s
$ 1 0 t o $ 9 9 9 , t h e b o r r o w e r m u s t n o t i f y D E Q i n w r i t i n g . I f t h e v i o l a t i o n i s $ 1 , 0 0 0 o r m o r e ,
t h e b o r r o w e r m u s t s u b m i t a L a b o r S t a n d a r d s E n f o r c e m e n t R e p o r t t o D E Q w h o w i l l
c o o r d i n a t e t h e v i o l a t i o n w i t h t h e D e p a r t m e n t o f L a b o r o r E P A ( c o n t a c t D E Q f o r
a s s i s t a n c e i n f i l i n g t h i s r e p o r t ) .
7 . R e s o l v e O t h e r U n d e r p a y m e n t s
I f a m a t h e m a t i c a l e r r o r , m i s c l a s s i f i c a t i o n s , o r o t h e r e r r o r t h a t r e s u l t s i n t h e u n d e r p a y m e n t o f
w a g e o r f r i n g e b e n e f i t s o c c u r s , t h e p r i m e c o n t r a c t o r o r s u b c o n t r a c t o r m u s t m a k e r e s t i t u t i o n a n d
s u b m i t a c o r r e c t e d c e r t i f i e d p a y r o l l a n d a c o p y o f t h e c h e c k s h o w i n g t h e u n d e r p a y m e n t m a d e t o
t h e w o r k e r , t o t h e b o r r o w e r .
8 . C o n d u c t T e c h n i c a l I n s p e c t i o n s
D u r i n g c o n s t r u c t i o n , t h e b o r r o w e r i s r e s p o n s i b l e f o r m o n i t o r i n g c o n t r a c t o r / s u b c o n t r a c t o r
p r o g r e s s a n d c o m p l i a n c e w i t h t e c h n i c a l r e q u i r e m e n t s o f t h e p r o j e c t . T y p i c a l l y , t h i s m o n i t o r i n g
p r o c e s s i s t h e r e s p o n s i b i l i t y o f t h e c o n s u l t i n g p r o j e c t e n g i n e e r ; h o w e v e r , t h e b o r r o w e r m a y w i s h
t o d e s i g n a t e s o m e o n e l o c a l l y w i t h o v e r s i g h t r e s p o n s i b i l i t y . T h e p u r p o s e o f t h e t e c h n i c a l
monitoring process is to ensure that the project is constructed as planned, within budget and
estimated timeframes, and within specified quality and quantity standards.
9. Maintain Project Records
The borrower is required to maintain project records that document all financial, monitoring and
inspection transactions, and progress reviews that occur during the life of the project. Borrowers
must maintain copies of weekly certified payrolls and any corrected certified payrolls, copies of
correspondence and resolution of overtime violations, and copies of employee interviews in the
project files for the life of the loan as defined by the contract.
IDAHO DRINKING WATER
SYSTEM CLASSIFICATION
WORKSHEET
OFFICE USE ONLY
DO NOT WRITE HERE
Distribution Class:
Treatment Class:
(Required for Community, Nontransient Noncommunity, and all Surface Water Systems) Notes:
DEQ will use this information to classify your system.
Public Water System No.
Name of System:
System Address:
City: State: Zip Code:
Contact Person: Title:
Business Phone Number: ( ) Email:
Population served by this distribution system: (The number of people, not the number of connections)
*Note: Transient ground water systems are not subject to system classification requirements which is in accordance with
IDAPA 58.01.0&553.01.
Approved by
Date
Step 1: Assigning Points
Evaluate each item listed in the table below and place the specified point value next to each item selected. Add the total number
of points selected to determine the class of the treatment system.
Process
Code(s)
Item
Points
Your
System
System Size — Population (All systems — choose only one)
Very Small (25 - 500)
l point
Small (501 - 3,300)
5 points
Meditun (3,3 01 — 10,000)
10 points
Large (10,001 — 100,000)
15 points
Very Large (100,001+)
20 points
Water Supply Source (mark all that apply)
Ground water
0 points
Surface Water or Ground water under the influence of surface water (GWUDI)
8 points
361/ 363
Required Contact Time (CT) — 4-Log Treatment/ Removal of Viruses
2 points
Raw Water Quality Variation (All systems - choose only one)
This designation reflects the effect of changing raw water quality on treatment process changes that would be necessary to achieve optimized
performance.
800
Raw water, little or no variation
0 points
805
Raw water, minor variation (consistently <10 NTU, treatment adjustments rarely made)
1 point
810
Raw water, moderate variation (regular treatment adjustments made monthly)
3 points
815
Raw water, significant variation (regular treatment adjustments made weekly)
5 points
820
Raw water, severe variation (regular treatment adjustments made daily or source may be
subject to non -point discharge, agriculturaUurban storm runoff, or flooding)
7 points
825
Raw water, quality subject to ag or municipal waste point source discharge
(within the mixing zone of an upstream municipal NPDES discharge)
8 points
830
Raw water, quality subject to industrial waste pollution
(within the mixing zone of an upstream industrial NPDES discharge)
10 points
Raw Water Quality is Subject to: (mark all that apply)
835
Raw water, taste/odor — treatment process adjustments are routinely made t
2 points
840
Raw water, color > 15 Color Units (not due to precipitated metals) —See exception In Note I t
3 points
845
Raw water, iron and/or manganese >MCL: — See exception in Note I t
3 points
850
Raw water, algal growth — treatment process adjustments are routinely made'
3 points
Revised: 08-24-2017
Page 1
Process
Codes)
IItem
Points
Your
System
Disinfection (mark all that apply)
425
Onsite generation of hypochlorite
1 point
421,423
L
Liquid chlorine (hypochlorite) or in solid form (calcium hypochlorite tablets or powder)
5 points
401, 403
G
Gaseous chlorination
8 points
720
Ultraviolet light
2 points
541,543
O
Ozonation
10 points
200
Chloramines
10 points
220
C
Chlorine dioxide
] 0 points
190
Brominization
5 points
455
Iodine
5 points
Coagulation/ Flocculation (mark all that apply)
240
Coagulation
6 points
245
C
Coagulant aid
2mts
360
Flocculation
2 points
Clarification/ Sedimentation (mark all that apply)
660
Sedimentation/ Clarification
4 points
665
S
Sedimentation, Upflow Clarification (2 pts. flocculation + 4 pts. sedimentation/clarification9
6 points
Filtration (mark all that apply)
352
Pre -filtration, roughing filter (staged cartridges, pressure sand w/o coagulation)
1 points
341
C
Cartridge/bag filters
5 points
342
Diatomaceous earth filters
10 points
343
G
Greensand filtration
10 points
344
Pressure sand filters
10 points
345
R
Rapid sand filters
15 points
346
S
Slow sand filters
5 points
347
Membrane/ Ultrafiltration
10 points
350
F
Filter aid
2 points
14
354
E
Exempt — roughing filter (Very Small Water System (VSWS) only)
0 points
356
E
Exempt — cartridge filter (VSWS only)
0 points
Other Treatment Processes (mark all that apply)
005
P
Point Of Use (POU), activated carbon- granular (point of use only)
0 points
Om
POU, ion exchange (point of use only)
0 points
015
POU, reverse osmosis (point of use only)
0 points
141
Aeration, cascade
3 points
147
A
Aeration, slat tray
3 points
149
A
Aeration, spray
3 points
143
A
Aeration, diffused
5 points
145
A
Aeration, packed tower
5 points
160
Algae control (surface water reservoir treatment)
3 points
460
I
Ion exchange (softening, inorganic removal, radionuclides removal)
5 points
470
E
Exempt, softening (VSWS only)
0 points
i00
I
Ion exchange, activated alumina
5 points
121
A
Activated carbon, granular
5 points
125
A
Activated carbon, powdered
2 points
180
B
Bone Char
5 points
p
580
P
Peroxide
5 points
560
Permanganate (oxidation)
4 points
680
Sequestration (addition of a phosphate)
4 points
380
F
Fluoridation
4 points
300
Distillation
10 points
640
R
Reverse osmosis
10 points
320
E
Electrodialysis
15 points
500
Lime -Soda Ash Addition
5 points
Revised: 08-24-2017
Page 2
Process
Code(s)
Item
Points
Your
System
741,742
441
443
445
447
449
620
700
710
P
pH Adjustment
Stability or Corrosion Control (mark all that apply)
Inhibitor, Bimetallic Phosphate
Inhibitor, Hexameta Phosphate
Inhibitor, Orthophosphate
Inhibitor, Polyphosphate
Inhibitor, Silicate
Reducing Agents
4 points
4 points
4 points
4 points
4 points
4 points
4 points
Sludge/Backwash Water Disposal (mark all that apply)
Sludge Treatment — Disposal to sanitary sewer or off watershed
Sludge Treatment — On site treatment of waste (examples: sludge drying beds, discharge to
lagoons and/or on -site disposal/land application)
Backwash Water — Any water recycled to plant raw water influent
TOTAL POINTS FOR YOUR SYSTEM
0 points
3 points
5 points
Step 2: Distribution Classification is based on population served as follows:
Very Small Water System
Distribution Class I
Distribution Class 11
Distribution Class III
Distribution Class IV
YOUR SYSTEM DISTRIBUTION CLASSIFICATION
500 or less
501 to 1500
1,501 to 15,000
15,001 to 50,000
50,001 and greater
*Transient GW, VSWS, I, II, III, IV
(Circle one)
Step 3: Treatment Classification is based on the total points from Step 1 as follows:
Distribution Classification Only:
All populations with process codes 005, 010, 015, 354, 356, 361, 401, 403, 421, 423, 425, 470, 720, and/or any of the 800 codes (no others)
Treatment Class I (DWTI)
Treatment Class II (DWT2)
Treatment Class III (DWT3)
Treatment Class IV (DWT4)
YOUR SYSTEM TREATMENT
CLASSIFICATION
0 to 30 points
31 to 55 points
56 to 75 points
76 points or greater
+Transient GW, Not Applicable, I, II, III, IV
(Circle one)
Step 4: Sign and Mail
Mail the completed, signed form to your regional Idaho Department of Environmental Quality or Health District drinking water
contact. Keep a photocopy of the original form for your files.
Signature Date
Revised: 08-24-2017
Page 3
Notes:
1. Raw water quality is subject to:
• Taste and/or odor (T&O) for which treatment process adjustments are routinely made 2 T&O issue has been identified in a pre -design report, etc., 2) a process has been installed to add ss,
and 3) operational control adjustments are made at least seasonally. Do not give points for T&O when
there is no specific additional impact on operation. E.g. if a system is already pre- chlorinating for
disinfection, give no points for T&O.
• Color > 15 Color Units (CU) (not due to precipitated metals) (3 points) with following exceptions.
Color will be considered elevated and points assigned when levels exceed 75 CU for conventional
filtration, 40 CU for direct filtration, or 15 CU for all other technologies, except reverse osmosis (no
points given for color for reverse osmosis).
• Iron (Fe) and/or manganese (Mn) > Maximum Contaminant Level (MCL): Fe (2 points),Mn 3
points) (3 points maximum allowed) with following exceptions. Iron and manganese levels will be
considered elevated and points assigned if they are greater than the MCL, except for applications of
manganese greensand filters. For applications of manganese greensand filters, iron and manganese
levels will be considered elevated when their combined level exceeds 1.0 mg/L (3 points allowed).
• Algal growths for which treatment process adjustments are routinely made (3 points): Raw water will
be considered subject to algae growths when treatment processes are specifically adjusted due to the
presence of high levels of algae on at least a weekly basis for at least two months each year.
2. Upflow clarification ("sludge blanket clarifier") — 6 points — Also known as sludge blanket clarification.
Includes such proprietary units as Super -Pulsator. These units include processes for flocculation and
sedimentation. Important note: these are not the same as adsorption clarifiers.
Revised: 08-24-2017
Page 4
Water Treatment Definitions
Definitions reprinted from "Master Glossary of Water and Wastewater Terms,"
http://www.owp.csus.edulglossary/index.php, with permission from Office of Water Programs, California State
University, Sacramento.
Adsorption
The gathering of a gas, liquid, or dissolved substance on the surface or interface zone of another material.
Aeration
The process of adding air to water. Air can be added to water by passing air through water or passing water through
air.
Diatomaceous earth
A fine, siliceous (made of silica) "earth" composed mainly of the skeletal remains of diatoms.
Direct filtration
A method of treating water which consists of the addition of coagulant chemicals, flash mixing, coagulation, minimal
flocculation, and filtration. The flocculation facilities may be omitted, but the physical -chemical reactions will occur
to some extent. The sedimentation process is omitted.
Electrodialysis
The selective separation of dissolved solids on the basis of electrical charge, by diffusion through a semipermeable
membrane across which an electrical potential is imposed.
Reverse osmosis
The application of pressure to a concentrated solution which causes the passage of a liquid from the concentrated
solution to a weaker solution across a semipermeable membrane. The membrane allows the passage of the water
(solvent) but not the dissolved solids (solutes).
Revised: 08-24-2017 Page 5
IDAHO DRINKING WATER
SYSTEM CLASSIFICATION
WORKSHEET
(Required for Community, Nontransient Noncommunity, and all Surface Water Systems)
DEQ will use this information to classify your system.
Public Water System No.
Name of System:
System Address:
City: State: Zip Code: _
Contact Person: Title:
Business Phone Number: ( )
Population served by this distribution system:
Email:
OFFICE USE ONLY
DO NOT WRITE HERE
Distribution Class:
Treatment Class:
Notes:
Approved by
Date
(The number of people, not the number of connections)
*Note: Transient ground water systems are not subject to system classification requirements which is in accordance with
IDAPA 58.01.08.553.01.
Step 1: Assigning Points
Evaluate each item listed in the table below and place the specified point value next to each item selected. Add the total number
of points selected to determine the class of the treatment system.
Process
Code(s)
361/ 363
Small
Item
System Size — Population (All systems — choose only one)
Very Small (25 - 500)
Medium
Large
Very Large
Ground water
(501 - 3,300)
(3,3 0 1 — 10,000)
(10,001 — 100,000)
(100,001+)
Water Supply Source (mark all that apply)
Points
Surface Water or Ground water under the influence of surface water (GWUDI)
Required Contact Time (CT) — 4-Log Treatment/ Removal of Viruses
1 point
5 points
10 points
15 points
20 points
0 points
8 points
2 points
Your
System
5
0
Raw Water Quality Variation (All systems - choose only one)
This designation reflects the effect of changing raw water quality on treatment process changes that would be necessary to achieve optimized
performance.
800
Raw water, little or no variation
805
R
Raw water, minor Variation (consistently <10 NTU, treatment adjustments rarely made)
810
R
Raw water, moderate variation (regular treatment adjustments made monthly)
815
Raw water, significant variation (regular treatment adjustments made weekly)
820
Raw water, severe variation (regular treatment adjustments made daily or source may be
825
830
Raw water, quality subject to ag or municipal waste point source discharge
Raw water, quality subject to industrial waste pollution
(within the mixing zone of an upstream industrial NPDES discharge)
835
840
845
850
Raw water,
Raw water,
Raw water,
Raw Water Quality is Subject to: (mark all that apply)
taste/odor — treatment process adjustments are routinely made'
color > 15 Color Units (not due to precipitated metals) — See exception in Note I !
iron and/or manganese >MCL: — See exception in Nose I'
Raw water, algal growth — treatment process adjustments are routinely made'
0 points
1 point
3 points
5 points
7 points
cnt
8 points
10 points
2 points
3 points
3 points
3 points
Revised: 08-24-2017
Page 1
Process
Code(s)
425
421,423
401,403
720
541,543
200
220
190
Item
Disinfection (mark ail that apply)
Onsite generation of hypochlorite
Liquid chlorine (hypochlorite) or in solid form (calcium hypochlorite tablets or powder)
Gaseous chlorination
Ultraviolet light
Ozonation
Chloramines
Chlorine dioxide
Brominization
455 Iodine
240
245
Coagulation
Coagulant aid
360 Flocculation
660
665
352
341
342
343
344
345
346
347
350
354
356
005
010
015
141
147
149
143
145
160
460
470
100
121
125
180
580
560
680
380
300
640
320
500
Coagulation/ Flocculation (mark all that apply)
Clarification/ Sedimentation (mark all that apply)
Sedimentation/ Clarification
Points
1 point
5 points
8 points
2 points
10 points
10 points
10 points
5 points
5 points
6 points
2 points
2 points
4 points
Sedimentation, Upflow Clarification (2 pts. flocculation + 4 pts. sedimentation/clarification)2 J 6 points
Filtration (mark all that apply)
Pre -filtration, roughing filter (staged cartridges, pressure sand w/o coagulation)
Carb idge/bag filters
Diatomaceous earth filters
Greensand filtration
Pressure sand filters
Rapid sand filters
Slow sand filters
Membrane/ Ultrafiltration
Filter aid
Exempt — roughing filter (Very Small Water System (VSWS) only)
Exempt — cartridge filter (VSWS only)
Other Treatment Processes (mark all that apply)
Point Of Use (POU), activated carbon- granular (point of use only)
POU, ion exchange (point of use only)
POU, reverse osmosis (point of use only)
Aeration, cascade
Aeration, slat tray
Aeration, spray
Aeration, diffused
Aeration, packed tower
Algae control (surface water reservoir treatment)
Ion exchange (softening, inorganic removal, radionuclides removal)
Exempt, softening (VSWS only)
Ion exchange, activated alumina
Activated carbon, granular
Activated carbon, powdered
Bone Char
Peroxide
Permanganate (oxidation)
Sequestration (addition of a phosphate)
Fluoridation
Distillation
Reverse osmosis
Electrodialysis
Lime -Soda Ash Addition
1 points
5 points
10 points
10 points
10 points
15 points
5 points
10 points
2 points
0 points
0 points
0 points
0 points
0 points
3 points
3 points
3 points
5 points
5 points
3 points
5 points
0 points
5 points
5 points
2 points
5 points
5 points
4 points
4 points
4 points
Your
System
10 points
10 points
15 points
5 points
Revised:08-24-2017
Page 2
Process
Code(s)
741, 742
Item
Points
Your
System
pH Adjustment
4 points
Stability or Corrosion Control (mark all that apply)
441
443
Inhibitor, Bimetallic Phosphate
4 points
445
Inhibitor, Hexameta Phosphate
4 points
Inhibitor, Orthophosphate
4 points
447
Inhibitor, Polyphosphate
4 points
449
Inhibitor, Silicate
4 points
620
R
Reducing Agents
4 points
Sludge/Backwash Water Disposal (mark all that apply)
S
Sludge Treatment — Disposal to sanitary sewer or off watershed
0 points
700
Sludge Treatment — On site treatment of waste (examples: sludge drying beds, discharge to
3 points
710
Backwash Water — Any water recycled to plant raw water influent
5 points
`TOTAL POINTS FOR YOUR SYSTEM
S
Step 2: Distribution Classification is based on
population served as follows:
Very Small Water System 500 or less
Distribution Class I 501 to 1500
Distribution Class II 1,501 to 15,000
Distribution Class III 15,001 to 50,000
Distribution Class IV 50,001 and greater
YOUR SYSTEM DISTRIBUTION CLASSIFICATION
*Transient GW, VSWS, I, II, III, IV
(Circle one)
Step 3: Treatment Classification is based on the total from
points Step 1 as follows:
Distribution Classification Onlv:
A11 populations with process codes 005, 010, 0/5, 354, 356, 361, 401, 403, 421, 423, 425, 470, 720, and/or any of the 800 codes (no others)
I'matment Class I (DWTI) 0 to 30 points
Treatment Class II (DWT2) 31 to 55 points
Treatment Class III (DWT3) 56 to 75 points
Treatment Class IV (DW7'4) 76 points or greater
YOUR SYSTEM TREATMENT
CLASSIFICATION
*Transient GW,IONphcgifie.4 II, III, IV
(Circle one)
Step 4: Sign and Mail
Mail the completed, signed form to your regional Idaho Department of Environmental Quality or Health District drinking water
contact. Keep a photocopy of the original form for your files.
Signature
Revised: 08-24-2017
Date
Page 3
H ADMINISTRATIVE AND FINANCIAL
PROFESSIONAL SERVICES CONTRACT
- City of Iona — Water System Improvement Project
This Contract is entered into the 15th day of January, 2018, by and between the City of Iona, Idaho,
herein referred to as the "City" and East Central Idaho Planning & Development Association, Inc., whose
address is 299 East 4th North, Rexburg, Idaho 83440, here in referred to as the "Contractor", Witnesseth:
WHEREAS, the City is making application and other financial arrangements to Funding Agencies herein
referred to as the "Departments" or as "Funding Agencies," for the receipt of grant and/or loan funds for
purposes of construction of improvements to the city's water system; and.
WHEREAS, the City desires to engage the Contractor to render certain services related to project
administration and financial management of the above described project; and
WHEREAS, the City has complied with provisions for soliciting of contractors as cited in 2 CFR Part
200 Super Circular and Idaho Code Title 67 Ch. 2320; and
WHEREAS, to ensure effective management of the above project, it is deemed to be in the best interests
of the City to enter into an agreement with the Contractor as hereinafter provided;
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. EMPLOYMENT OF CONTRACTOR.
The City agrees to engage the Contractor, and the Contractor agrees to provide the services
described in Attachment A in order to provide for the administration and financial
management of the project for the City.
2. EMPLOYEE -EMPLOYER RELATIONSHIP.
The contracting parties warrant by their signature that no employer -employee relationship is
established between the Contractor and the City by the terms of this contract. It is understood
by the parties hereto that the Contractor is an independent contractor and as such neither it nor
its employees, if any, are employees of the City for purposes of tax, retirement system, or
social security (FICA) withholding.
3. CONTRACTOR'S INSURANCE.
The Contractor warrants that it has obtained, and will maintain at its expense for the duration
of this Contract, statutory worker's compensation coverage, employer's liability and
comprehensive general liability insurance coverage for its principals and employees for the
services to be performed hereunder. The comprehensive general liability insurance shall
have, at a minimum, a coverage limit of at least one million ($1,000,000) per claim, and two
million dollars ($2,000,000) aggregate.
4. LIAISON.
The City's designated liaison with the Contractor is Mayor, Dan Gubler. The Contractor's
designated liaison with the City is Ted Hendricks and Pauline Johnson.
5. EFFECTIVE DATE AND TIME OF PERFORMANCE.
The Contract shall take effect on January 15, 2018. The Services to be performed by the
Contractor will be completed no later than project closeout, estimated to be September of
2019.
1
EXHIBIT "B"
6. SCOPE OF SERVICES. The Contractor will perform the following services:
See "Scope of Services — Attachment A".
It is understood and agreed by the parties that the services of the Contractor do not include
any of the following: the disbursement or accounting of funds distributed by the City's
financial officer, legal advice, fiscal audits, or assistance with activities not related to the
project.
7. COMPENSATION.
For the satisfactory completion of the services to be provided under this Contract, the City
will pay the Contractor a fixed fee, not to exceed $84,000 that the City agrees to pay as set
forth in Attachment A.
8. CONFLICT OF INTEREST.
The Contractor warrants that it presently has no interest and will not acquire any interest,
direct or indirect, in the project, which would conflict in any manner or degree with the
performance of its services hereunder. The Contractor further covenants that, in performing
this contract, it will employ no person who has any such interest. Should any conflict of
interest, as defined by the Funding Agencies Administrative Rules, arise during the
performance of this contract, it will be disclosed and managed according to the Funding
Agencies rules.
9. MODIFICATION AND ASSIGNABILITY OF CONTRACT.
This contract contains the entire agreement between the parties, and no statements, promises,
or inducements made by either party, or agents of either party, which are not contained in the
written contract, are valid or binding. This contract may not be enlarged, modified, or altered
except upon written agreement signed by both parties hereto. The Contractor may not
subcontract or assign its rights (including the right to compensation) or duties arising
hereunder without the prior written consent of the City and the Funding Agencies. Any
subcontractor or assignee will be bound by all of the terms and conditions of this contract.
10. TERMINATION OF CONTRACT. This contract may be terminated as follows:
(a) Termination due to loss of funding.
In the event that any of the Departments reduce or terminate payments under their program(s) so
as to prevent the City from paying the Contractor, the City will give the Contractor written notice,
which sets forth the effective date of the termination and explains the reasons for the termination.
The notice shall also describe the conditions for any reimbursement for any work completed.
(b) Termination for Convenience.
The City may terminate this contract, in whole or in part, for the convenience of the City when
both parties agree that the continuation of the project is not in the best interest of both parties and
that further expenditure of funds will not produce any results. The parties shall agree in writing
upon the conditions, effective date, and fair and reasonable payment for work completed.
(c) Termination for cause.
(i) If the City determines that the Contractor has failed to comply with the terms and conditions
of this contract supported by the funding agencies, it may terminate this contract, in whole or
in part, at any time before the date of completion. If the Contractor fails to comply with any of
the terms and conditions of this contract, the City may give notice, in writing, to the
Contractor of any or all deficiencies claimed. The notice will be sufficient for all purposes if
it describes the default in general terms. If all defaults are not cured and corrected within a
2
reasonable period as specified in the notice, the City may, with no further notice, declare this
contract to be terminated. The Contractor will thereafter be entitled to receive payment for
those services reasonably performed to the date of termination, less the amount of reasonable
damages suffered by the City by reason of the Contractor's failure to comply with this
contract.
(ii) Notwithstanding the above, the Contractor is not relieved of liability to the City for damages
sustained by the City by virtue of any breach of this contract by the Contractor, and the City
may withhold any payments to the Contractor for the purpose of setoff until such time as the
amount of damages due the City from the Contractor is determined. However, there will be
no withholding of payments unless there has been proper notice as specified in paragraph
(c)(i) (Termination for cause).
11. DOCUMENTS INCORPORATED BY REFERENCE.
The City's applications to the Agencies for funding, dated throughout the project, and all
applicable federal and/or state statutes and regulations are incorporated into this contract.
12. MINORITY BUSINESS ENTERPRISE/ WOMEN BUSINESS ENTERPRISE.
Consistent with the provisions of Executive Order 11246 and 2 CFR Part 200 Super Circular
and Idaho Code Title 67 Ch. 2320, the Contractor will take affirmative steps to ensure
minority businesses are used when possible as sources of supplies, equipment, construction,
and services. Additionally, the Contractor must document all affirmative steps taken to solicit
minority businesses and forward this documentation along with the names of the minority
subcontractors and suppliers to the City upon request.
13. NONDISCRIMINATION.
The Contractor will not discriminate against any employee or applicant for employment on
the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or
mental handicap, or national origin.
14. OWNERSHIP AND PUBLICATION OF MATERIALS.
All reports, information, data, and other materials prepared by the Contractor pursuant to this
contract are to be the property of the City and the Departments which have the exclusive and
unrestricted authority to release, publish, or otherwise use this information, in whole or part.
All such materials developed under this contract shall not be subject to copyright or patent in
the United States or in any other country without the prior written approval of the City and the
Department.
15. REPORTS AND INFORMATION.
The Contractor will maintain accounts and records, including personnel, property and
financial records, adequate to identify and account for all costs pertaining to this contract and
such other records as may be deemed necessary by the City to ensure proper accounting for all
project funds, both federal and non-federal shares. These records will be made available for
audit purposes to the City or its authorized representative, and will be retained for three (3)
years after the expiration of this contract.
16. ACCESS TO RECORDS.
It is expressly understood that the Contractor's records relating to this contract will be
available during normal business hours for inspection by the City, the Departments, the U.S.
Comptroller General, Office of Inspector General, and, when required by law, representatives
of the State of Idaho, and other federal agencies.
3
17. CONSTRUCTION AND VENUE.
This Contract will be constructed under and governed by the laws of the State of Idaho. In the
event of litigation concerning it, venue is the Seventh Judicial District in and for the County
of Madison, State of Idaho.
18. INDEMNIFICATION.
The Contractor waive any and all claims and recourse against the City, including the right of
retribution for contribution for loss and damage to persons or property arising from, growing
out of, or in any way connected with or incident to the Contractor's performance of this
contract except for liability arising out of concurrent or sole negligence of the City or its
officers, agents, or employees. Further, the Contractor will indemnify, hold harmless, and
assist in defending each other against any and all claims, demands, damages, costs, expenses
or liability arising out of each other's performance of this contract except for liability arising
out of the concurrent or sole negligence of the parties or its officers, agents, or employees.
19. LEGAL FEES.
In the event either party incurs legal expenses to enforce the terms and conditions of this
contract, the prevailing party is entitled to recover reasonable attorney's fees and other costs
and expenses, whether the same are incurred with or without suit.
20. SPECIAL WARRANTY.
The Contractor warrants that nothing of monetary value has been given, promised, or implied
as remuneration or inducement to enter into this contract. The Contractor further declares that
no improper personal, political, or social activities have been used or attempted in an effort to
influence the outcome of the competition, discussion, or negotiation leading to the award of
this contract. Any such activity by the Contractor shall make this contract null and void.
IN WITNESS WHEREOF, the parties hereto have executed this contract on the 15th day of January,
2018.
CONT' ' -East Central I.:ho CITY OF IONA
Planm : & D= elopm
BY ice_ / BY.
i-3 42o(e
Date
Attest:
4
Dan Gubler
Mayor
9
Title
alyv /7 0-ttibr'
Attest-
ATTACHMENT A
ADMINISTRATIVE SCOPE OF SERVICES AND FEES
This Scope for Administrative Services fills the requirements for the City of Iona Water System
Improvement Project. This scope pertains to public entity sponsored projects funded in whole or in part
by federal and/or state grant and/or loan programs. The list of required activities (tasks) listed herein is
not intended to be exhaustive, but is intended to be an up to date State of Idaho DEQ outline of the major
areas of development, administrative and financial management responsibilities.
It should be noted that this Scope of Services reflects the current identified project from design to
closeout and includes all the funding agencies and associated requirements that may participate in the
project. These are currently identified as: State of Idaho Department of Environmental Quality (DEQ).
The City of Iona will pay the Contractor a fixed fee sum of $84,000 for performance of the services
described in Section 7- Attachment A and the following paragraphs, unless that sum is subsequently
changed by the agreement of both parties as described in Section 9.
This scope will include the processes for Idaho Department of Environmental Quality funding and the
carrying out the associated scopes through project closeout. Major activities are the project development,
environmental review, the securing of funding and the startup of construction for the improvements and
monitoring of the Federal Labor Standards, financial management throughout construction of the project.
The Project Administrator will conduct or assist the City in completing the following activities.
The City of Iona agrees to pay the Contractor as follows:
I. The City of Iona will pay the Contractor $9,000 upon completion of the startup activities and the
procurement of professional services for the project. Tasks involved in procurement are:
A. Startup, Procurement and Contract Documents.
1. Assist City in preparing for the startup of the project by:
a. Attending work meetings with City personnel to set up project files and establish
accounting practices to be followed throughout the duration of the project.
b. Determine lines of communication between City, Contractor, Funding Agencies and
Engineer and areas of responsibility.
c. Application process including establishing eligibility for funding.
2. Assist City in procuring professional services; i.e., engineer, architect, special consultants, etc.
by:
a. Attending work meetings with the City to determine the services to be procured and the
steps to be followed by the project to met federal/state procurement processes.
b. Writing the request for proposals (RFP).
c. Advertising the RFP.
d. Training City in the required proposal review and scoring procedures.
e. Assisting the City in negotiating the work to be contracted and the values for the work.
f. Documenting the procurement process used to the funding agencies.
3. Help the City prepare and/or review the professional services contracts that must be accepted
and approved by the funding agencies.
5
8. Check construction contractor eligibility of the "apparent low bidder" with funding agencies
before awarding contract (Federal Debarred List). Inform the Architect/Engineer and City of
contractors' eligibility.
IV. The City of Iona will pay the Contractor $25,000 during the project construction period for
administering the project. Construction Administration tasks include:
A. Construction Administration:
1. Establish Labor Standards Compliance file.
2. Document subcontractor eligibility, Federal Labor Standards, and Davis -Bacon Certifications.
3. Submit executed contract documents to funding agencies for review and approval.
4. Hold or assist pre -construction conference meeting in conjunction with the Engineer/Architect
and with the construction contractor and sub -contractors. Provide training and detailed
information on labor standards, reports, payroll processes, on site interviews, and other federal
labor regulations as required by the funding agencies.
a. Prepare and submit signed minutes to the Funding Agencies.
b. Work with Contractor/Subcontractor to complete labor packets, train on payroll
requirements.
c. Submit copies of labor packets to funding agencies for review.
5. Collect, review and verify all contractor payrolls on weekly basis during construction activities.
Obtain necessary corrections, monitor restitution, and prepare documentation of payroll
enforcement activities.
6. Conduct on -site interviews of a sample of workers and verify the interview results with the
payroll reports submitted.
a. Interview record may be enhanced by also conducting mail out interviews to some
workers on the project.
b. Verify the returned mailed interviews against the payroll reports.
7. Report all payroll discrepancies to the Funding Agencies and in some instances to the
Regulatory Agencies, such as the U.S. Department of Labor.
a. Work with the contractor and/or subcontractor to make corrections to the payroll reports,
to make restitution to employees, and report corrections to the Funding Agencies.
8. Complete Contract/Subcontract Activity Form and submit to the Funding Agencies.
9. Attend Construction Progress Meetings and monitor construction progress as needed throughout
the construction of the project.
10. Comply with all MBE and WBE reporting requirements per Department of Environmental
Quality requirements.
V. The City of Iona will pay the Contractor $21,000 for assisting the City of Iona with the proper
accounting processes for receipt and distribution of project funds. Tasks are:
A. Accounting and Financial Requirements:
1. Assist the City in implementing and maintaining a General Ledger (Receipts and Disbursements)
for all the project funds including local cash, local in -kind, federal funds, state funds, loans, and
Bond funds. It must show expenditures by budget categories and also by other funding sources.
2. Prepare and maintain a ledger of project specific revenues and expenses to provide accounting
backup to the City.
3. Direct the City in the maintenance of cash receipts and cash disbursements journals.
4. Maintain source documentation and file documents with the appropriate Funding Agencies.
a. Prepare all financial requests (Request for Funds), all progress reports and other
associated financial documents and reports throughout the project.
b. Work with City and Funding Agencies on the timely processing of pay requests.
c. Work with City in making the timely payments of all project invoices using funds
granted, loaned and matched by the City.
5. Assist City and City's Auditor in understanding that the Accounting and Allowable Costs must
be in accordance with 2 CFR Part 200 Super Circular; and that there are certain "triggers" for use
of the Single Audit method on project.
6. Assist City with management of financial documents, meeting with Attorney.
7. Work with each of the Funding Agencies to communicate and coordinate the "payout" of all
grant and loan funds and insure accurate financial records with the Funding Agencies.
8. Help the City set-up interim financing if needed on the project.
B. Audits:
1. Assist City in securing audit services in accordance with 2 CFR Part 200 Super Circular.
2. Assist the City and their auditor in ensuring that the Audit is conducted according to 2 CFR Part
200 Super Circular and the Single Audit Act of 1984 as may be amended.
3. Inform the City that they must submit their Audit to the Funding Agencies and Legislative
Service's Office, Legislative Auditor for review and approval within 30 days of completion of
the audit.
VI. The City of Iona will pay the Contractor $7,000 "Project Reporting" activities. Tasks are:
1. Prepare and submit progress reports to the Funding Agencies with each draw down (financial
request), or as required by the Funding Agencies. Comply with all MBE/WBE reporting
requirements.
2. Prepare written reports to the Funding Agencies on any major compliance, performance
problems, management problems, all construction commencement and completion, loan
closings, defaults, etc.
2. Prepare and submit any necessary contract amendments and plan amendments to the Funding
Agencies prior to their execution by the City.
Final Payment: The City of Iona will pay the final $8,000 of the Contact sum upon Contractor's written
requisition when all the above services are completed, the Funding Agencies have monitored the project
files and cleared all monitoring findings, and the Contractor has prepared and submitted the Final Report
for the closeout of the project.
Penalty: The Contractor will lose $500 of the total contract amount for each Finding of Noncompliance
or Finding of Violation attributable to the Contractor's performance.
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