20220628 Addendum 1 FINAL.pdf

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CONTRACT NUMBER: 212183 DATE OF ADDENDUM: June 28, 2022

PROJECT NUMBER: 609030 CLOSING DATE: July 12, 2022

TIME: 2:30 p.m.

CITY OF SALEM, OREGON

CONTRACTS AND PROCUREMENT DIVISION

PUBLIC WORKS DEPARTMENT

ADDENDUM NUMBER: 1

FOR THE SALEM NAVIGATION CENTER

Addendum Number 1 to the above-mentioned project for the City of Salem, Oregon, is a part of the contract documents, and as such, supersedes anything within the specifications with which it may conflict.

CHANGES TO THE BID BOOK:

PROJECT MANUAL TABLE OF CONTENTS

⸺Remove the Project Manual Table of Contents in its entirety and replace with the attached.

INVITATION TO BID

⸺Delete the text of the paragraph titled “PREVAILING WAGE RATES” and replace with the following:

PREVAILING WAGE RATES: Bids exceeding $50,000 are subject to ORS 279C.800 through

279C.870. The administrative rules promulgated thereunder (OAR Chapter 839, Division 25).

Prevailing Wage Rates and necessary forms are available at http://www.oregon.gov/boli/WHD/PWR/Pages/Indes.aspx. BOLI Prevailing Wage Rates for

Public Works Contracts in Oregon dated January 1, 2022, including all amendments issued prior to June 3, 2022.

EXHIBIT 1⸺CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS

UNDER FEDERAL AWARDS

⸺Remove Exhibit 1 in its entirety and replace with the attached. **Please note that this now also includes forms that must be returned with your bid and Exhibits B and

D-H.

http://www.oregon.gov/boli/WHD/PWR/Pages/Indes.aspx

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SAMPLE FORM OF AGREEMENT

⸺Remove the Sample Form of Agreement in its entirety and replace with the attached.

GENERAL CONDITIONS

⸺Delete the text of Section 6.20 in the General Conditions and replace with the following:

6.20 Indemnification

A. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, Marion County and OWNER’s officers, agents, and employees from and against all claims, suits, actions, costs, losses, liabilities, damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs), and expenses whatsoever, including attorney fees, resulting from or arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any fault or negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable.

B. In any and all claims against OWNER, Marion County or any of OWNER’s consultants, agents, officers, directors, partners, or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph

6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier, or other individual or entity under workers’ compensation acts, disability benefit acts, or other employee benefit acts.

C. The indemnification obligations of CONTRACTOR under Paragraph 6.20.A shall not extend to the liability of OWNER or OWNER’s officers, agents, or employees arising out of:

1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or Salem

Navigation Center Bid No. 212183 / Project No. 609030 - 00700―26 General Conditions.

2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage.

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CHANGES TO THE TECHNICAL SPECIFICATIONS:

PLUMBING PIPING AND PUMPS⸺22 1000

2.3 PIPING SPECIALTIES

D. Trench Drain⸺Add the following text to end of this section:

Approved manufacturer is also Dura Trench, Trench Drain & Grate, 3-inch stainless steel

Grate and 2-inch precast Trench Drain.

PACKAGED HVAC UNITS⸺23 7400

PART 2 – PRODUCTS

2.1 ROOF MOUNTED HVAC EQUIPMENT

A. Packaged Roof-Mounted Gas Heating/Electric Cooling Unit⸺Add the following text to the end of paragraph 1:

Approved manufacturer is also: Fraser-Johnston Relia Core (RTUs 1-11) as follows:

a. RTUs 1,3,& 4: Model ZYGA7E2C1AB2C211A2

6 Ton, Fraser-Johnston 3-12.5 Ton Relia Core Single Packaged R-410A

Air Conditioner, Two Stage Cooling, 12.0 EER, 125 MBH Two

Stage Input Medium Heat Aluminized Gas, Gas Heat, 208/230-3-60

b. RTUs 1,3, & 4: Model 2PE04704325

Power Exhaust Vert Flow Large Footprint 208V-230V 3-ph

c. RTUs 2,5,6,& 11: Model ZQG05E2C1AA2C213A3

4 Ton, Single Stage Cooling, Fraser-Johnston 3-12.5 Ton Relia Core

Single Packaged R-410A Air Conditioner, 14.0 SEER / 12.0 EER, 112 MBH Single Stage Input Medium Heat Aluminized Gas, Gas

Heat, 208/230-3-60

d. RTUs 2,5,6,& 1: Model 2PE04704225

Power Exhaust Vert Flow Small Footprint 208V-230V 3-ph

e. RTUs 7,8,9,&10: ZQG04S2B1AB2B213A3

3 Ton, Single Stage Cooling, Fraser-Johnston 3-12.5 Ton Relia Core

Single Packaged R-410A Air Conditioner, 14.0 SEER / 12.2 EER, 112 MBH Two Stage Input Medium Heat Stainless Steel Gas, Gas

Heat, 208/230-3-60

f. RTUs 7,8,9,&10: Model 2PE04704225

Power Exhaust Vert Flow Small Footprint 208V-230V 3-ph

TERMINAL HVAC EQUIPMENT⸺23 8000

PART 2 – PRODUCTS

2.1 SMALL PACKAGED HVAC UNITS

A. Non-Ducted, Split System Cooling/Heat Pump Unit⸺Add the following text to the end of paragraph 3:

Approved manufacturer is also: SMARTFLEX Non-Ducted, Split-System Cooling/Heat

Pump Unit as follows:

a. HP 1, 2: DHX24CSB21S Ductless, Heat Pump, up to 23 SEER, 2 Ton, Outdoor

Unit with Single Indoor Unit, Modulating Inverter Compressor, R-410A, 208/230-1-60

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b. FC 1, 2: DHX24NWB21S Ductless, Heat Pump, up to 23 SEER, 2 Ton, Indoor

Wall Mount Unit, R-410A, 208/230-1-60

CHANGES TO THE DRAWINGS:

⸺Delete sheet C1.00 and replace with the following C1.00 Addendum 1: Note the following changes:

Sheet C1.00 Addendum 1 – See Delta 5 clouded revision

⸺Delete sheet L0.1 and replace with the following L0.1 Addendum 1: Note the following

Sheet L0.1 Addendum 1 – See Delta 6 clouded revision

⸺Delete sheet L3.0 and replace with the following L3.0 Addendum 1: Note the following

Sheet L3.0 Addendum 1 – See Delta 6 clouded revision

⸺Delete sheet D1.0 and replace with the following D1.0 Addendum 1: Note the following

Sheet D1.0 Addendum 1 – See Delta 6 clouded revision

⸺Delete sheet A1.0 and replace with the following A1.0 Addendum 1: Note the following

Sheet A1.0 Addendum 1 – See Delta 6 clouded revision

⸺Delete sheet A6.00 and replace with the following A6.00 Addendum 1: Note the following

Sheet A6.00 Addendum 1 – See Delta 6 clouded revision

⸺Delete sheet M2.02 and replace with the following M2.02 Addendum 1: Note the following

Sheet M2.02 Addendum 1 – See Delta 6 clouded revision

⸺Delete sheet M6.00 and replace with the following M6.00 Addendum 1: Note the following

Sheet M6.00 Addendum 1 – See Delta 6 clouded revision

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⸺Delete sheet E5.01 and replace with the following E5.01 Addendum 1: Note the following

Sheet E5.01 Addendum 1 – Approved Light fixture Substitutions for Lighting Schedule are as listed below

⸺Delete sheet T0.00 and replace with the following T0.00 Addendum 1: Note the following

Sheet T0.00 Addendum 1 – See Delta 6 clouded revision

⸺Delete sheet T3.01 and replace with the following T3.01 Addendum 1: Note the following

Sheet T3.01 Addendum 1 – See Delta 6 clouded revision

APPROVED LIGHT FIXTURE SUBSTITUTIONS:

A DayBrite 2EVG30L8354DUNVDIM

2X4 LED TROFFER

A1 DayBrite 2EVG30L8352DUNVDIM

2X2 LED TROFFER

B Lightolier 6RN / P6RDL15835CLZ10U

6-inch LED DOWNLIGHT

C DayBrite FSW430L835UNVDIM

4-foot LED WRAP

D DALS LEDVAN001CC24

2-foot LED VANITY

F PACO Lgt AC7002050OMVWHND

13-inch ROUND VANDAL PROOF LED

G Legion 136G3020L50UNVBZ

LED WALL PACK

H Gardco 111L16L550CWG33UNVBZ

LED WALL PACK

X Evenlite TLXACGUW

UNIVERSAL LED EXIT

LCD WattStopper DLM SYSTEM

LIGHTING CONTROL DEVICES

ITEMS OF CLARIFICATION⸺QUESTIONS AND ANSWERS FROM NON-

MANDATORY PRE-BID MEETING HELD JUNE 21, 2022

Question 1: What is the scope of the solar related improvements?

Answer: The solar related improvements for this project are depicted on the plans and include everything shown to make the building “solar ready”. The scope does not include installation of the photovoltaic panels.

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Question 2: Is roofing being replaced?

Answer: The scope of this project does not include reroofing of the entire building. It does include patching of the existing roof in areas of work and replacement of the TPO roofing in the mechanical wells.

Question 3: What is the permitting and permit fee status?

Answer: All permits are currently in the application process, including MEP permits. MEP and Building permits are nearing the “ready to issue” status. Permit fees have been paid by the Owner.

Question 4: How will the long lead time for the new generator be handled with respect to the project schedule?

Answer: A temporary generator provided by the owner will be installed (if lead times remain long) so that emergency systems will be in place at the time of final inspection. See Electrical drawing E5.01, clouded revision 6.

Question 5: Is the Fire Alarm Design/Build?

Answer: Yes. Note that it needs a separate permit. (see G1.0 of bid set for separate permits required.)

Question 6: Do the plans include all new landscaping?

Answer: Refer to the landscaping plans. There are some existing plantings that will be maintained and some new plantings that will be incorporated.

Question 7: Is it a Bid Item Bid Sheet, or Lump Sum Bid Sheet?

Answer: It is a Lump Sum Bid Sheet.

Question 8: Does this project include Davis-Bacon requirements?

Answer: No, the project does not entail Davis-Bacon requirements.

Question 9: Is cleanup of the building exterior required?

Answer: Yes, refer to Specification Section 01 7700, Section 3.1 Final Cleaning.

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All other terms, conditions, and specifications within the Salem Navigation Center documents shall remain unchanged and in effect in their entirety.

Shawna Self, CPPB, Manager

Contracts and Procurement

All bidders are required to provide evidence of the receipt and acceptance of this Addendum

No. 1 with their proposal. Signing in the space provided below and submitting the signed

Addendum with the proposal satisfies this requirement.

Receipt acknowledged and conditions agreed to this day of , 20 .

NAME OF FIRM:

SIGNATURE:

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ADDENDUM ROUTE LOG

June 28, 2022

FOR THE SALEM NAVIGATION CENTER

Project Number: 609030; Contract Number: 212183

Luke Gmazel, PE, Senior Project Manager

Date signed:

Allen Dannen, PE, Assistant City Engineer

Brian D. Martin, PE, City Engineer

06/28/2022

Salem Navigation Center

Bid No. 212183 / Project No. 609030 Exhibit 1

This Certification Form shall be signed and returned with your bid

CERTIFICATION REGARDING LOBBYING

Certification for Contracts, Grants, Loans, and Cooperative Agreements

APPENDIX A, 44 C.F.R. PART 18

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a

Member of Congress, an officer or employee of Congress, or an employee of a Member of

Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report

Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and

Statements, apply to this certification and disclosure, if any.

Signature of Contractor’s Authorized Official

Name and Title of Contractor’s Authorized Official

Date

This Certification Form shall be signed and returned with your bid.

Certification Regarding Debarment, Suspension, and Other Responsibility Matters--Primary Covered

Transactions

Instructions for Certification

1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.

4. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled ``Certification Regarding Debarment, Suspension, Ineligibility and

Voluntary Exclusion-Lower Tier Covered Transaction,'' provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and

Nonprocurement Programs.

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.

Certification Regarding Debarment, Suspension, and Other Responsibility Matters⸺Primary Covered

Transactions

1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:

(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency;

(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and

(d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default.

2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

By:___________________________________________

Contractor:____________________________________

Date:__________________________________________

APPENDIX II TO PART 200—CONTRACT PROVISIONS FOR NON-FEDERAL

ENTITY CONTRACTS UNDER FEDERAL AWARDS

Contractor must comply with the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

Contractor must comply with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). Contract is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.

The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

Contractor must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each Contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.

Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

Contractor must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier-to-tier up to the non-Federal award.

§200.322 Domestic preference for procurements. As appropriate and to the extent consistent with law, the Contractor should, to the greatest extent practicable under this Agreement, provide for the purchase, acquisition, or use of goods, products, or materials produced in the United States

(including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this Agreement.

For purposes of this section:

(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the

United States.

(2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

Audit Requirements of 2 CFR §200.5XX (Subpart F)

• Contractor must comply, with applicable audit requirements and responsibilities set forth in this Agreement and applicable state or federal law.

• Contractor is subject to audit conducted in accordance with the provisions of 2 CFR part 200, subpart F. Copies of all audits must be submitted to the Owner within 30 days of completion.

• System for Award Management. Contractor must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov. This includes applicable requirements regarding registration with SAM, as well as maintaining current information in SAM. Owner must also comply with applicable restrictions on subawards ("subgrants") to first tier subcontractors (first-tier "Subcontractors"), including restrictions on subawards to entities that do not acquire and provide (to the County) the unique entity identifier required for SAM registration.

• Whistleblower Protection Act. Contractor must comply with 41 U.S.C. 4712, Program for Enhancement of Employee Whistleblower Protection. Contractor must inform employees and subcontractors, in writing, in the predominant language of the workforce, of the employee whistleblower rights and protections under 41 USC § 4712.

• Contractor must comply with 2 CFR § 200.216, Prohibition on certain telecommunications and video surveillance services or equipment.

• § 200.323 Procurement of recovered materials. Contractor shall meet the requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, when procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

• Contractor must agree to provide or make available such records to the Owner upon request, and to the Government Accountability Office (“GAO”), U.S. Treasury’s Office of Inspector General (“OIG”), and their authorized representative in order to conduct audits or other investigations.

https://www.ecfr.gov/current/title-40/part-247

• Contractor must not deny benefits or services, or otherwise discriminate on the basis of race, color, national origin (including limited English proficiency), disability, age, or sex (including sexual orientation and gender identity), in accordance with the following authorities: Title VI of the Civil Rights Act of 1964 (Title VI) Public Law 88-352, 42 U.S.C. 2000d-1 et seq., and the Owner's implementing regulations, 31 CFR part 22; Section 504 of the Rehabilitation Act of 1973 (Section 504), Public Law 93-112, as amended by Public Law 93-516, 29 U.S.C. 794;

Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq., and the Owner's implementing regulations, 31 CFR part 28; Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101 et seq., and the Owner implementing regulations at 31 CFR part 23.

• In order to carry out its enforcement responsibilities under Title VI of the Civil Rights Act, U.S.

Treasury will collect and review information from non-Tribal recipients to ascertain their compliance with the applicable requirements before and after providing financial assistance.

U.S. Treasury’s implementing regulations, 31 CFR part 22, and the Department of Justice (DOJ) regulations, Coordination of Non-discrimination in Federally Assisted Programs, 28 CFR part 42, provide for the collection of data and information from recipients (see 28 CFR 42.406). U.S. Treasury may request that recipients submit data for post-award compliance reviews, including information such as a narrative describing their Title VI compliance status.

This collection does not apply to Tribal governments.

• (R ) Real Property, Equipment and Other Capital Expenditures. Contractor must comply with all requirements of the applicable Uniform Guidance at 2 CFR Part 200, Subpart D, 2 CFR Part

200.310 – 200.316 and 200.439, and specific requirements of the source of funds. These regulations shall apply to all real property, equipment, and other capital expenditures purchased with the federal funding.

[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014; 85 FR 49577, Aug. 13, 2020]

EXHIBIT B

APPENDIX II TO PART 200—CONTRACT PROVISIONS FOR NON-FEDERAL

ENTITY CONTRACTS UNDER FEDERAL AWARDS

Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian County Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be affected and the basis for settlement.

Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or Subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C.

1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p.

235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.

Such disclosures are forwarded from tier to tier up to the non-Federal award.

See §200.322 Domestic preference for procurements.

Audit Requirements of 2 CFR §200.5XX (Subpart F)

Subrecipient must comply, and require any subcontractor to comply, with applicable audit requirements and responsibilities set forth in this Agreement and applicable state or federal law.

If Subrecipient expends federal awards in excess of $750,000 in a fiscal year, Subrecipient is subject to audit conducted in accordance with the provisions of 2 CFR part 200, subpart F. Copies of all audits must be submitted to the County within 30 days of completion.

Subrecipient must save, protect and hold harmless the County from the cost of any audits or special investigations performed by the Secretary of State with respect to the funds expended under this Agreement. Subrecipient acknowledges and agrees that any audit costs incurred by Subrecipient as a result of allegations of fraud, waste or abuse are ineligible for reimbursement under this or any other agreement between Subrecipient and the County.

System for Award Management. Subrecipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov. This includes applicable requirements regarding registration with SAM, as well as maintaining current information in SAM. Subrecipient must also comply with applicable restrictions on subawards ("subgrants") to first tier subcontractors (first-tier "Subcontractors"), including restrictions on subawards to entities that do not acquire and provide (to the County) the unique entity identifier required for SAM registration.

Whistleblower Protection Act. Subrecipient must comply and ensure the compliance by subcontractors, with 41 U.S.C. 4712, Program for Enhancement of Employee Whistleblower Protection. Subrecipient must inform subcontractors, contractors and employees, in writing, in the predominant language of the workforce, of the employee whistleblower rights and protections under

41 USC § 4712.

See § 200.216 Prohibition on certain telecommunications and video surveillance services or equipment.

See § 200.323 Procurement of recovered materials.

Recordkeeping Requirements. Subrecipient must maintain records and financial documents for five years after all funds have been expended or returned to the County. The County may request transfer of records of long-term value at the end of such period. Wherever practicable, such records should be collected, transmitted, and stored in open and machine-readable formats.

Subrecipient must agree to provide or make available such records to the County upon request, and to the Government Accountability Office (“GAO”), U.S. Treasury’s Office of Inspector General (“OIG”), and their authorized representative in order to conduct audits or other investigations.

Civil Rights Compliance. Recipients of Federal financial assistance from the U.S. Treasury are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds. Those requirements include ensuring that entities receiving Federal financial assistance from the U.S. Treasury do not deny benefits or services, or otherwise discriminate on the basis of race, color, national origin (including limited English proficiency), disability, age, or sex (including sexual orientation and gender identity), in accordance with the following authorities: Title VI of the Civil Rights Act of 1964 (Title VI) Public Law 88-352, 42 U.S.C. 2000d-1 et seq., and the Subrecipient's implementing regulations, 31 CFR part 22; Section 504 of the Rehabilitation Act of 1973 (Section 504), Public Law 93-112, as amended by Public Law 93-516, 29 U.S.C. 794; Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq., and the Subrecipient's implementing regulations, 31 CFR part 28; Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101 et seq., and the Subrecipient implementing regulations at 31 CFR part 23.

In order to carry out its enforcement responsibilities under Title VI of the Civil Rights Act, U.S.

Treasury will collect and review information from non-Tribal recipients to ascertain their compliance with the applicable requirements before and after providing financial assistance. U.S. Treasury’s implementing regulations, 31 CFR part 22, and the Department of Justice (DOJ) regulations, Coordination of Non-discrimination in Federally Assisted Programs, 28 CFR part 42, provide for the collection of data and information from recipients (see 28 CFR 42.406). U.S. Treasury may request that recipients submit data for post-award compliance reviews, including information such as a narrative describing their Title VI compliance status. This collection does not apply to Tribal governments.

(R ) Real Property, Equipment and Other Capital Expenditures. County shall, and shall cause its Subrecipients to, maintain policies and procedures for the management of property and equipment that comply with all requirements of the applicable Uniform Guidance at 2 CFR Part 200, Subpart D, 2 CFR Part 200.310 – 200.316 and 200.439, and specific requirements of the source of funds. These regulations shall apply to all real property, equipment, and other capital expenditures purchased with the federal funding.

[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014; 85 FR 49577, Aug. 13,2020]

Federal Funding Accountability and Transparency Act (FFATA) Certification*

*Organizations that receive first tier subawards or subcontracts >$30,000 are required to comply with FFATA requirements per 2 CFR Part 170 and FAR 52.204-10.

Organization Name: City of Salem CMS Number: BO-4558-22

Did your organization have a gross income, from all sources, of less than $300,000 in your previous tax year?

Yes (Skip questions “A” and “B” and finish the certification)

No (Proceed to questions “A” and “B”)

A. Certification Regarding % and Amount of Annual Gross Revenue from Federal Awards

Did you organization (1) receive 80% or more of its annual gross revenue AND (2) $25 million or more from federal awards and contracts during the preceding fiscal year?

Yes If “Yes,” proceed to question “B”.

No If “No,” skip question “B” and finish the certification.

B. Certification Regarding Public Access to Compensation Information.

Does the public have access to information about the compensation of the senior executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986?

Yes If “Yes”, where can this information be accessed?

No If “No”, you must provide the names and total compensation of the top five highly compensated executives below. (For example: John Blum: $500,000; Mary Redd: $50,000; etc.)

1 $

2 $

3 $

4 $

5 $

As the duly authorized representative (Signor) for the Organization, I hereby certify that the statements made by me in this certification form are true, complete and correct to the best of my knowledge.

Print Name of Authorized Representative Print Title of Authorized Representative

Signature of Authorized Representative Date

Exhibit D

Federal Funding Accountability and Transparency Act (FFATA) Certification*

*Organizations that receive first tier subawards or subcontracts >$30,000 are required to comply with FFATA requirements per 2 CFR Part 170 and FAR 52.204-10.

Background on FFATA Requirements

Under the requirements of the Federal Funding Accountability and Transparency Act (Pub. L. No. 109-282), as amended by Section 6202 of Public Law 110-252, that are codified in 2 CFR Part 170, direct recipients of federal grants or cooperative agreements are required to report first-tier subawards and subcontracts of $30,000 or more to the Federal Funding Accountability and Transparency Act (FFATA) Subaward Reporting System (FSRS).

Organizations that are requested to complete the FFATA Certification have been identified by Marion County as either a first tier subaward or subcontract and therefore, FFATA requirements are applicable.

Definition of Compensation

Total compensation means the cash and noncash dollar value earned by the executive during the Organizations preceding fiscal year and includes the following: (1) Salary and bonus; (2) Awards of stock, stock options, and stock appreciation rights; (3) Earnings for services under non-equity incentive plans; (4) Change in pension value; (5) Above-market earnings on deferred compensation which is not tax-qualified; and (6) Other compensation, as further defined in FAR 52.204-10(a) and 17 CRF 229.402(c)(2).

Exhibit D

Organization Name:

Organization Contact Completing Form:

Date:

Project Name:

Expenditure Category:

Type of Capital Expenditure1:

Specify "Other" Expenditure Type:

Project Amount:

Project Threshold Per Table 1:

CMS # (Marion County to Complete)

1 Coronavirus State and Local Fiscal Recovery Funds Project and Expenditures Report User Guide - Appendix H

Date Reviewed:

Grant Reviewer:

Comments:

$ 3,000,000

Black shaded cells DO NOT need to be filled out.

$1M to < $10M

American Rescue Plan Act (ARPA) / Coronavirus State and Local Fiscal Recovery Funds (SLFRF)

b) If no, please explain why.

Capital Expenditure Justification Form

Was there a comparison performed of the approved capital project against at least two alternative capital expenditures?

a) If yes, please demonstrate why the approved capital expenditure is superior.

Explanation of why a capital expenditure is appropriate. (For example, recipients should include an explanation of why existing equipment and facilities, or policy changes or additional funding to pertinent programs or services, would be inadequate.)

Describe the harm or need to be addressed.

Capital Expenditures : Per the Uniform Guidance 2 CFR 200.1, the term “capital expenditures ” means “expenditures to acquire capital assets or expenditures to make additions, improvements, modifications, replacements, rearrangements, reinstallations, renovations, or alterations to capital assets that materially increase their value or useful life.”

Purpose: To ensure recipient complies with the terms, conditions and requirements of the U.S. Treasury 31 CFR Part 35 SLFRF Final Rule. Recipients must complete and meet the requirements of a written justification for capital expenditures equal to or greater than $1 million.

Marion County to complete this section

Affordable housing, supportive housing, or recovery housing

City of Salem

Salem Navigation Center

2.16 Long-term Housing Security: Services for Unhoused Persons

YES NO

Exhibit E

If a project has total expected capital expenditures of and the use is enumerated in (b)(3), then and the use is not enumerated in (b)(3), then

Less than $1 million No Written Justification required No Written Justification required

Greater than or equal to $1 million, but less than $10 million

Written Justification required but recipients are not required to submit as part of regular reporting to Treasury

$10 million or more Written Justification required and recipients must submit as part of regular reporting to Treasury

Table 1 (U.S. Treasury Final Rule, General Provisions: Other, b. Capital Expenditures)

Written Justification required and recipients must submit as part of regular reporting to Treasury

Exhibit E

EXHIBIT F

ARPA/SLFRF REPORTING REQUIREMENTS FORM

A.1 Project and Expenditure Report

Department shall complete the Project and Expenditure Report as outlined in the Project and Expenditure Report User Guide dated April 1, 2022, according to the awarded eligibility category. The Board and Designee shall provide the Project and Expenditure Report template to the Department no later than June 15, 2022. Once the Department’s total project expenditures have been occurred and the project has completed, a final report shall be submitted, and quarterly reporting requirements will no longer be required.

Project and Expenditure Reports are due according to the following table:

Report Year Quarter Period Covered Due Date

1 2022 2 Project Commence – June 30 July 15, 2022 2 2022 3 July 1 – September 30 October 15, 2022 3 2022 4 October 1 – December 31 January 15, 2023 4 2023 1 January 1 – March 31 April 15, 2023 5 2023 2 April 1 – June 30 July 15, 2023 6 2023 3 July 1 – September 30 October 15, 2023 7 2023 4 October 1 – December 31 January 15, 2024 8 2024 1 January 1 – March 31 April 15, 2024 9 2024 2 April 1 – June 30 July 15, 2024

10 2024 3 July 1 – September 30 October 31, 2024 11 2024 4 October 1 – December 31 January 15, 2025 12 2025 1 January 1 – March 31 April 15, 2025 13 2025 2 April 1 – June 30 July 15, 2025 14 2025 3 July 1 – September 30 October 15, 2025 15 2025 4 October 1 – December 31 January 15, 2026 16 2026 1 January 1 – March 31 April 15, 2026 17 2026 2 April 1 – June 30 July 15, 2026 18 2026 3 July 1 – September 30 October 15, 2026 19 2026 4 October 1 – December 31 March 15, 2027

A.2 Recovery Plan Performance Report Department shall complete the Recovery Plan Performance Report. The Board and designee shall provide the Recovery Plan Performance Report template to the Department no later than June 15, 2022.

Recovery Plan Performance Reports are due according to the following table:

Report Period Covered…