Common use of Implementation of Recommendations Clause in Contracts

Implementation of Recommendations. Notwithstanding any other provision of this Agreement, the Grantee agrees that the State Water Board may make necessary amendments to this Agreement upon the request of the U.S. EPA or the recommendation of the Recovery Accountability and Transparency Board as set forth in section 1523 of ARRA. 1. Applicability of the Xxxxx-Xxxxx Prevailing Wage Requirements After consultation with the United States Department of Labor (DOL), United States Environmental Protection Agency (U.S. EPA) has determined that for Leaking Underground Storage Tank (LUST) Recovery Act assistance agreements, Xxxxx-Xxxxx prevailing wage requirements apply when the LUST project includes: (a) Installing piping to connect households or businesses to public water systems or replacing public water system supply well(s) and associated piping due to groundwater contamination; (b) Soil excavation/replacement when undertaken in conjunction with the installation of public water lines/xxxxx described above; or (c) Soil excavation/replacement, tank removal, and restoring the area by paving or pouring concrete when the soil excavation/replacement occurs in conjunction with both tank removal and paving or concrete replacement. In the above circumstances, all the laborers and mechanics employed by contractors and subcontractors will be covered by the Xxxxx-Xxxxx requirements for all construction work performed on the site. Other LUST funded activities, such as site assessments, in situ remediation, and soil excavation/replacement and tank removal when not in conjunction with paving or concrete replacement, will normally not trigger Xxxxx-Xxxxx requirements. However, if a Grantee encounters a unique situation at a site (e.g., unusually extensive excavation) that presents uncertainties regarding Xxxxx-Xxxxx Act applicability, the Grantee must discuss the situation with the State Water Board before authorizing work on that site. 2. Obtaining Wage Determinations (a) Unless otherwise instructed by the State Water Board on a project specific basis, the Grantee shall use the following DOL General Wage Classifications for the locality in which the construction activity subject to Xxxxx-Xxxxx will take place. The Grantee must obtain wage determinations for specific localities at xxx.xxxx.xxx. (i) When soliciting competitive contracts or issuing task orders, work assignments, or similar instruments to existing contractors (ordering instruments) for installing piping to connect households to public water systems or replacing public water system supply well(s) and associated piping, including soil excavation/replacement, the Grantee shall use the “Heavy Construction” Classification. (ii) When soliciting competitive contracts or issuing ordering instruments for soil excavation/replacement, tank removal, and restoring the area by paving or pouring concrete when the soil excavation/replacement occurs in conjunction with both tank removal and paving or concrete replacement at current or former service station sites, hospitals, fire stations, industrial or freight terminal facilities, or other sites that are associated with a facility that is not used solely for the underground storage of fuel or other contaminant the Grantee shall use the “Building Construction” classification. (iii) When soliciting competitive contracts or issuing ordering instruments for soil excavation/replacement, tank removal, and restoring the area by paving or pouring concrete when the soil excavation/replacement occurs in conjunction with both tank removal and paving or concrete replacement at a facility that is used solely for the underground storage of fuel or other contaminant the Grantee shall use the “Heavy Construction” classification. If, based on discussions with a Grantee, the State Water Board determines that Xxxxx-Xxxxx applies to a unique situation (e.g., unusually extensive excavation) the State Water Board will advise the Grantee which General Wage Classification to use based on the nature of the construction activity at the site. (b) The Grantee shall obtain the wage determination for the locality in which a LUST activity subject to Xxxxx-Xxxxx will take place prior to issuing requests for bids, proposals, quotes, or other methods for soliciting contracts (solicitation) for activities subject to Xxxxx-Xxxxx. These wage determinations shall be incorporated into solicitations and any subsequent contracts. Prime contracts must contain a provision requiring that subcontractors follow the wage determination incorporated into the prime contract. (i) While the solicitation remains open, the Grantee shall monitor xxx.xxxx.xxx on a weekly basis to ensure that the wage determination contained in the solicitation remains current. The Grantee shall amend the solicitation is DOL issues a modification more than 10 days prior to the closing date (i.e., bid opening) for solicitation. If DOL modifies or supersedes the applicable wage determination less than 10 days prior to the closing date, the Grantee may request a finding from the State Water Board that there is not reasonable time to notify interested contractors of the modification of the wage determination. The State Water Board will provide a report of its findings to the Grantee. (ii) If the Grantee does not award the contract within 90 days of the closure of the solicitation, any modifications or supersedes the DOL makes to the wage determination contained in the solicitation shall be effective unless the State Water Board, at the request of the Grantee, obtains an extension of the 90 day period from DOL pursuant to 20 CFR 1.6(c)(3)(iv). The Grantee shall monitor xxx.xxxx.xxx on a weekly basis if it does not award the contract within 90 days of closure of the solicitation to ensure that wage determinations contained in the solicitation remain current. (iii) If the Grantee carries out LUST activity subject to Xxxxx-Xxxxx by issuing a task order, work assignment, or similar instrument to an existing contractor (ordering instrument) rather than by publishing a solicitation, the Grantee shall insert the appropriate DOL wage determination from xxx.xxxx.xxx into the ordering instrument. (c) The Grantee shall review all subcontracts subject to Xxxxx-Xxxxx 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 Grantee’s contract after the award of a contract of the issuance of an ordering instrument is DOL determines that the Grantee has failed to incorporate a wage determination or has used a wage determination that clearly does not apply to 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 Grantee’s contractor must be compensated for any increases in wage’s resulting from the use of DOL’s revised wage determination.

Implementation of Recommendations. Notwithstanding any other provision (a) The Licensor may provide the Licensee with a written notice, containing a copy of this Agreementthe relevant Security Audit Report, the Grantee agrees requiring that the State Water Board may make necessary amendments to this Agreement upon Licensee implement the request recommendations of the U.S. EPA or Security Audit Report, in which case the recommendation of the Recovery Accountability and Transparency Board as set forth in section 1523 of ARRA. 1. Applicability of the Xxxxx-Xxxxx Prevailing Wage Requirements After consultation with the United States Department of Labor (DOL), United States Environmental Protection Agency (U.S. EPA) has determined that for Leaking Underground Storage Tank (LUST) Recovery Act assistance agreements, Xxxxx-Xxxxx prevailing wage requirements apply when the LUST project includesLicensee must: (ai) Installing piping to connect households satisfactorily implement the recommendations classified as "Urgent" within 30 days of the date of that notice, or businesses to public water systems or replacing public water system supply well(s) and associated piping due to groundwater contamination;within such lesser time as required by the Security Audit Report; and (bii) Soil excavation/replacement when undertaken satisfactorily implement the recommendations classified otherwise within the timeframes set out in conjunction the Security Audit Report (with such timeframes to be reasonably set by the installation Licensor and the service provider undertaking the Security Audit having regard to the nature of public water lines/xxxxx described abovethe recommendation, the likelihood or severity of the risk underlying the recommendation and the time and resources likely to be needed to implement the recommendation); or (ciii) Soil excavation/replacement, tank removalotherwise, and restoring with the area by paving prior approval of the Government and subject to clause 8.2(b), demonstrate to the Licensor’s reasonable satisfaction why it is not reasonable to implement the recommendation including taking into account: (A) the time and cost resources of implementing the recommendation compared with the Data security and integrity risks the recommendation is intended to mitigate or pouring concrete when remove; (B) whether the soil excavation/replacement occurs in conjunction with both tank removal and paving or concrete replacement. In the above circumstances, all the laborers and mechanics employed by contractors and subcontractors Licensee will be covered by able to comply with its obligations under this Agreement (including clause 7) despite the Xxxxx-Xxxxx requirements for all construction work performed on the site. Other LUST funded activities, such as site assessments, in situ remediation, and soil excavation/replacement and tank removal when recommendation not in conjunction with paving or concrete replacement, will normally not trigger Xxxxx-Xxxxx requirements. However, if a Grantee encounters a unique situation at a site (e.g., unusually extensive excavation) that presents uncertainties regarding Xxxxx-Xxxxx Act applicability, the Grantee must discuss the situation with the State Water Board before authorizing work on that site. 2. Obtaining Wage Determinationsbeing followed; and (aC) Unless otherwise instructed by any other factor the State Water Board on a project specific basis, Licensor reasonably considers relevant to the Grantee shall use the following DOL General Wage Classifications for the locality in which the construction activity subject to Xxxxx-Xxxxx will take place. The Grantee must obtain wage determinations for specific localities at xxx.xxxx.xxx. (i) When soliciting competitive contracts or issuing task orders, work assignments, or similar instruments to existing contractors (ordering instruments) for installing piping to connect households to public water systems or replacing public water system supply well(s) and associated piping, including soil excavation/replacement, the Grantee shall use the “Heavy Construction” Classification. (ii) When soliciting competitive contracts or issuing ordering instruments for soil excavation/replacement, tank removal, and restoring the area by paving or pouring concrete when the soil excavation/replacement occurs in conjunction with both tank removal and paving or concrete replacement at current or former service station sites, hospitals, fire stations, industrial or freight terminal facilities, or other sites that are associated with a facility that is not used solely for the underground storage of fuel or other contaminant the Grantee shall use the “Building Construction” classification. (iii) When soliciting competitive contracts or issuing ordering instruments for soil excavation/replacement, tank removal, and restoring the area by paving or pouring concrete when the soil excavation/replacement occurs in conjunction with both tank removal and paving or concrete replacement at a facility that is used solely for the underground storage of fuel or other contaminant the Grantee shall use the “Heavy Construction” classification. If, based on discussions with a Grantee, the State Water Board determines that Xxxxx-Xxxxx applies to a unique situation (e.g., unusually extensive excavation) the State Water Board will advise the Grantee which General Wage Classification to use based on the nature of the construction activity at the sitedecision. (b) The Grantee shall obtain Licensee acknowledges the wage determination for approval or acceptance by the locality in which Licensor of the Licensee not implementing a LUST activity recommendation is subject to Xxxxx-Xxxxx will take place prior to issuing requests for bids, proposals, quotes, or other methods for soliciting contracts (solicitation) for activities subject to Xxxxx-Xxxxx. These wage determinations shall be incorporated into solicitations acceptance by the Government and any subsequent contracts. Prime contracts must contain a provision requiring that subcontractors follow the wage determination incorporated into the prime contract. (i) While the solicitation remains open, the Grantee shall monitor xxx.xxxx.xxx on a weekly basis to ensure that the wage determination contained could result in the solicitation remains current. The Grantee shall amend Licensor suspending the solicitation is DOL issues a modification more than 10 days prior to the closing date (i.e., bid opening) for solicitation. If DOL modifies or supersedes the applicable wage determination less than 10 days prior to the closing date, the Grantee may request a finding from the State Water Board that there is not reasonable time to notify interested contractors delivery of the modification of Data or suspending the wage determination. The State Water Board will provide a report of its findings Licensee's rights to use the Grantee. (ii) If the Grantee does not award the contract within 90 days of the closure of the solicitation, any modifications or supersedes the DOL makes to the wage determination contained in the solicitation shall be effective unless the State Water Board, at the request of the Grantee, obtains an extension of the 90 day period from DOL pursuant to 20 CFR 1.6(c)(3)(iv). The Grantee shall monitor xxx.xxxx.xxx on a weekly basis if it does not award the contract within 90 days of closure of the solicitation to ensure that wage determinations contained in the solicitation remain current. (iii) If the Grantee carries out LUST activity subject to Xxxxx-Xxxxx by issuing a task order, work assignment, or similar instrument to an existing contractor (ordering instrument) rather than by publishing a solicitation, the Grantee shall insert the appropriate DOL wage determination from xxx.xxxx.xxx into the ordering instrumentData under this Agreement. (c) The Grantee shall review all subcontracts subject Licensor may acting reasonably if there is no alternate method to Xxxxx-Xxxxx entered into by prime contractors demonstrate to verify that the prime contractor reasonable satisfaction of the Licensor the implementation of any recommendation pursuant to this clause, at the Licensee's cost, after the expiry of the time periods set out in the preceding subclause, conduct a further audit to determine whether the Licensee has required its subcontractors to include complied with the applicable wage determinationspreceding subclause. (d) As provided If the Licensee has not implemented recommendations set out in 29 CFR 1.6(f), DOL may issue a revised wage determination applicable the Security Audit Report within the required timeframe and otherwise to a Grantee’s contract after the award of a contract reasonable satisfaction of the issuance Licensor, the Licensor may, but has no obligation to do so, allow the Licensee a further time period to implement the recommendations and may, acting reasonably (if there is no alternate method to demonstrate the implementation of an ordering instrument is DOL any recommendation pursuant to this clause to the reasonable satisfaction of the Licensor) subsequently carry out a further audit, at the Licensee's cost, to determine whether it has implemented the relevant recommendations. (e) If the Licensee fails to comply with its obligations under this clause, the Licensor may, without prejudice to any of its other rights under this Agreement, suspend the delivery of the Data or suspend the Licensee's rights to use the Data under this Agreement, without prejudice to any of its other rights under this Agreement. (f) For the purposes of this clause 8, the Licensee will be taken to have satisfactorily implemented a recommendation in the Security Audit Report only if the Licensor's security auditor: (i) so determines; or (ii) determines that other action that the Grantee Licensee has failed taken satisfactorily achieves the same result that the recommended action was meant to incorporate achieve. (g) Once the Licensee has satisfactorily implemented a wage determination recommendation in a Security Audit Report, it must ensure that the recommendation continues to be implemented throughout the Term. (h) The Licensee must co-operate with the Licensor and/or the Licensor's security auditor to facilitate any audit that the Licensor is entitled to carry out under this clause 8 or has used a wage determination that clearly does not apply to 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 Grantee’s contractor must be compensated for any increases in wage’s resulting from the use of DOL’s revised wage determinationclause 10.