HomeMy WebLinkAboutContract 39311cRCONRANo 33
NOT SPECIFIED /OTHER
ASSISTANCE AGREEMENT
1. Award No. 2, Modification No. 3. Effective Date 4, CFDA No,
DE-EE0000963 09/28/2009 81.128
5, Awarded To 6. Sponsoring Office 7. Period of Performance
FORT WORTH, CITY OF Golden Field Office 09/28/2009
Attn: JACK DALE U.S. Department of Energy through
1000 THROCKMORTON STREET Golden Field Office 09/27/2012
FORT WORTH TX 761026311 1617 Cole Blvd,
Golden CO 80401
8. Type of Agreement 9. Authority 10. Purchase Request or Funding Document No.
❑X Grant PL 110-140, EISA 2007 09EE003935
Cooperative Agreement PL 111-5, Recovery Act 2009
Other
11. Remittance Address 12, Total Amount 13, Funds Obligated
FORT WORTH, CITY OF Govt. Share: $6,738,300,00 This action: $6,738,300.00
Attn: JACK DALE Cost Share ; $0.00 Total $61738,300.00
1000 THROCKMORTON STREET Total $6,738,300600
FORT WORTH TX 761026311
14. Principal Investigator 15. Program Manager 16. Administrator
Sam Steele Mitchell James Duran Golden Field Office
Phone: 817-392-1276 Phone: 303-275-4772 U.S. Department of Energy
Golden Field Office
1617 Cole Blvd.
Golden CO 80401-3393
17, Submit Payment Requests To 18. Paying Office 19. Submit Reports To
See Attachment #2
20. Accounting and Appropriation Data
E
1 i M9 TX
ECBG
21. Research Title and/or Description of Project
RECOVERY ACT: CITY OF FORT WORTH, TX ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT
For the Recipient For the United States of America
22. Signature of Person Authorized to Sign 25. Signature of Grants/Agreements Officer
23. Name and Title 24, Date Signed 26. Name of Officer 27, Date Signed
Fez4.1)q,va6 G'as�Q
1 ` 7� I)Vwlwic� Genevieve M. Wozniak 09/29/2009
�
M GNU U zEi"AL0TY_ NOT SPECIFIED iOTH tteStedbyo - �\ 06
A
TANT �ITY'ATTORNF`- mY
ss4
5I�41�5
NOT SPECIFIED /OTHER
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
CONTINUATION SHEET DE-EE0000963 2 ( 3
NAME OF OFFEROR OR CONTRACTOR
FORT WORTH, CITY OF
ITEM NO, SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
(A) (B) (C) (D) (E) (F)
DUNS Number: 073170458
In addition to this Assistance Agreement, this
award consists of the items listed in the Special
Terms and Conditions, Provision 2, Award
Agreement Terms and Conditions.
In Block 7 of the Assistance Agreement, the
Period of Performance reflects the beginning of
the project through the end of the current Budget
Period, shown as 09/28/2009 through 09/27/2012.
Blocks 12 and 13 of this Assistance Agreement
indicate the Total Obligated Amount of this
project, which is the Recipient's total
allocation. The funds available in ASAP to the
Recipient through this action are limited to $0,
due to the restrictions in Provision Number 16,
National Environmental Policy Act (NEPA)
Requirements, and Provision Number 20,
Subcontract/Subgrant Approvals, in the Special
Terms and Conditions. Once these conditions have
been met, the remaining funds will be released to
the Recipient according to Provision Number 15,
Staged Disbursement, of the Special Terms and
Conditions.
DOE Award Administrator: Yolanda Ramirez
E-mail: Yolanda.Ramirez@go.doe.gov
Phone: 303-275-4908
DOE Project Officer: Mitchell Duran
E-mail: Mitchell.Duran@go.doe.gov
Phone: 303-275-4772
Recipient Business Officer: Sam Steele
E-mail: Sam.Steele@fortworthgov.org
Phone: 817-392-1276
Recipient Principal Investigator: Sam Steele
E-mail: Sam,Steele@fortworthgov.org
Phone: 817-392-1276
Electronic signature or signatures as used in
this document means a method of signing an
electronic message that --
(A) Identifies and authenticates a particular
person as the source of the electronic message;
Continued ..
July 2004
NOT SPECIFIED /OTHER
NOT SPECIFIED /OTHER
REFERENCE NO, OF DOCUMENT BEING CONTINUED PAGE OF
CONTINUATION SHEET DE-EE0000963 3 I 3
NAME OF OFFEROR OR CONTRACTOR
FORT WORTH, CITY OF
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
(A) I (B) (C) (D) (E) (F)
(B) Indicates such person's approval of the
information contained in the electronic message;
and,
(C) Submission via FedConnect constitutes
electronically signed documents.
ASAP: Yes Extent Competed: NOT AVAIL FOR COMP
Delivery Location Code: 03601
Golden Field Office
U.S. Department of Energy
Golden Field Office
1617 Cole Blvd.
Golden CO 80401-3393
Payment:
OR for Golden
U.S. Department of Energy
Oak Ridge Financial Service Center
P.O. Box 4517
Oak Ridge TN 37831
Fund: 05796 Appr Year: 2009 Allottee: 31 Report
Entity: 200835 Object Class: 41020 Program:
1005115 Project: 2004350 WFO: 0000000 Local Use:
0000000 TAS Agency: 89 TAS Account: 0331
July 2004
NOT SPECIFIED /OTHER
DE-EE0000963/000
Attachment # 1
STATEMENT OF PROJECT OBJECTIVES
City of Fort Worth, TX
City of Fort Worth, TX Energy Efficiency and Conservation Block Grant
A. PROJECT OBJECTIVES
The purpose of this award is to implement the Recipient's Energy Efficiency &Conservation
Strategy (EEC&S) in order to reduce fossil fuel emissions; reduce total energy use of the eligible
entities; and improve energy efficiency in the building sector, the transportation sector, and other
appropriate sectors, along with creating jobs.
B. PROJECT SCOPE
The scope for this award is the implementation of the EEC&S and all supporting documentation
necessary for the proposed activities (Attached).
C. PROJECT MANAGEMENT AND REPORTING
Reports and deliverables will be provided in accordance with the Federal Assistance Reporting
Checklist.
Grantee: City of Fort worth
DUNS #: 73170458
EECBG Activity Worksheet
Date: 09/21/2009
Program Contact Email: sam.steele@fortworthgov.org
Program Contact First Name: Sam Last Name:
Project Title: Activity #1: Multiple - Planning & Strategy Initiatives
ACtiVlty: 2. Technical consultant services If Other:
Sector: P lbl is
Proposed Number of Jobs Created: 6. 00
Proposed Energy Saved and/or Renewable Energy Generated:
Proposed GHG Emissions Reduced (CO2 Equivalents): 0.000
Proposed Funds Leveraged: $100, 000.00
Proposed EECBG Budget: 938, 300. o0
Projected Costs Within Budget: Administration: $o. o0
Project Contact First Name: Sam
MetriCActivlty: Clean Energy Policy
If Other.
Steele
Proposed_NumberofJobsRetained: o.00
Revolving Loans
Last Name: Steele
If Other:
Project Summary: (limit summary to space provided)
Proposed Funds Leveraged based on in kind effort and program investment
PROGRAM PROJECT(S)
Planning & Strategy Initiatives
- City -Wide Green House Gas Inventory
Subgrants: $o • o0
Email: saa.steeleefortworthgov.org
The City of Fort Worth operates approximately 40o facilities, which it uses to serve the needs of the
public. Greenhouse gases (GHG) are formed as a result of the energy consumption and operation of
these buildings and provision of services. This project seeks to quantify Fort Worth's energy related
carbon footprint so that an energy related baseline can be established for monitoring contributions or
improvements to the regions GHG emissions inventory.
- City Facility BenChmarking through EPA Program
The project seeks to build on the current Resource Conservation Program by allowing better facilities
management through better energy utility tracking. The project would utilize Portfolio Manager, an
established program through EPA's Energy Star program, with the assistance of the City's Energy
Services Company (ESCO).
Initially, the Portfolio Manager benchmarking program would be populated with the City's
100-facilities currently under management through the City's Energy Savings Performance Contract
(ESPC). This program would later be expanded to include other City facilities in identifying
appropriate measures for implementation, as judged legally, economically and technically feasible by
the City.
- City Sustainability Action Plan
The project seeks to provide the necessary resources Co implement the initiatives within Fort worth's
recently adopted Sustainability Action Plan including, but not limited to, education and outreach,
incentives, planning, training, and recognition.
DOE DESIRED OUTCOMES (DE-FOA-0000013)
- New Jobs & Increased Productivity Co Spur Economic Growth & Community Development
- Improved Coordination of Energy -Related Policies & Programs across Jurisdictional Levels of
Governance and with other Local- & Community -Level Programs in order Co Maximize the Impact of this
Program on Long -Term Local Priorities
Leveraging the Resources of Federal, State, & Local Governments, Utilities & Utility Regulators,
Private -Sector & Non -Profit Organizations to Maximize the Resulting Energy, Economic & Environmental
Benefits
- Widespread Use of Innovative Financial Mechanisms that Transform Markets
!t you are proposing more than one activity, save this file as many times as needed with successive page numbers. For example: "OH -CI iY-Columbus-
ProJect Ac!lvity page 1, pdf, " "OH -CI TY-Columbus-Protect Activity page 2. pdf, "and continue as needed.
Grantee:
City of Fort Worth
DUNS #: 73170958
EECBG Activity vvorksheet
Date: 09/21/2009
Program Contact Email: sam. steele@fortworthgov, org
Program Contact First Name: Sam Last Name: steele
Project Title: Activity #2: Facility Energy Efficient Operations improvement Initiatives
Activity: 2 • Technical Consultant services If Other:
Sector: Public
If Other.
Proposed Number of Jobs Created: 3 . oo Proposed Number of Jobs Retained:
Proposed Energy Saved and/or Renewable Energy Generated: 68, 89 9-MBTU SOURCE
Proposed GHG Emissions Reduced (CO2 Equivalents): 3 , 393 , 000
Proposed Funds Leveraged: $o . o0
Proposed EECBG Budget: d&"'' ""W * ""
Projected Costs Within Budget: Administration:
$
Project Contact First Name: Sam
Metric Activity: Technical Assistance
o
.00
Revolving Loans:
Last Name: Steele
So.Oo
If Other:
Project Summary: (limit summary to space provided)
Proposed Funds Leveraged based on in kind effort and program investment
PROGRAM PROJECTS}
Facility Energy Efficient Operations Improvement Initiatives
City Building Efficiency Specialist
0.00
Subgrants: S0. o0
Email: sam.steele*fortworthgov.org
The project seeks to build on the current Resource Conservation Program by allowing better facilities
management through dedication of an energy efficiency and improvement technician specializing in the
building(s) energy systems and installed Building Management Systems (BMS) to work closely with
existing Conservation Specialist to ensure optimal operations of existing and installed equipment, .
The project would utilize a Building Efficiency Specialist (BES) currently contracted to assist City
staff in optimizing the operational efficiency of building systems. The existing BES contract
position would be expanded from part- to full-time as available through the City's Energy Services
Company (ESCo).
DOE DESIRED OUTCOMES {DE-FOA-0000013)
- New Jobs & Increased Productivity to Spur Economic Growth & Community Development
- Improved Air Quality and Related Environmental & Health Indicators Associated with the Reduction of
Fossil -Fuel Emissions
- Leveraging the Resources of Federal, State, & Local Governments, Utilities & Utility Regulators,
Private -Sector & Non -Profit Organizations to Maximize the Resulting Energy, Economic & Environmental
Benefits
- Widespread use of Innovative Financial Mechanisms that transform Markets
1f you are proposing more than one activity, save thfs file as many times as needed with successive page numbers. For example: "OH-C1 iYColumbus-
Project AcfivRy page 1.pdf," "OH -CITY Columbus -Project Activity page 2.pdt,"and continue as needed.
Grantee:
City of Fort Worth
DUNS #: 73T70458
EECBG Activity Worksheet
Date: o9/2T/2oo9
Program Contact Email: sam. steeleQfortworthgov. org
Program Contact First Name: sam Last Name: steele
Project Title; Activity #3: Efficiency Incentive Initiatives - City Revolving Loan Fund
Activity: a • Financial Incentive Program If Other:
SBCtoC P°blic
if Other:
Proposed Number of Jobs Created: 5 . oo Proposed Number of Jobs Retained:
Proposed Energy Saved and/or Renewable Energy Generated: 20, 5sa-MBTU SOURCE
Proposed GHG Emissions Reduced (CO2 Equivalents): T, oT4. o00
Proposed Funds Leveraged: ST,000,000.00
Proposed EECBG Budget: 500,000.00
Projected Costs Within Budget: Administration: So . oo Revolving Loans:
Project Contact First Name: sam Last Name: steele
Metric Activity Financial Incentives: E Efficiency & Covered Investments
So.00
If Other:
Project Summary: (limit summary to space provided)
Proposed Funds Leveraged based on in kind effort and program investment
PROGRAM PROJECTS)
Efficiency Incentive Initiatives
- City Revolving Loan Fund
o.00
Subgrants: So.00
Email: sam. eteele®fortvorthgov.org
The project seeks to provide incentives for implementing energy efficiency equipment and programs
throughout the community by providing low or no interest loans to eligible applicants, public
(government and educational) or private (corporate, institutional, neighborhood or residential, to
help GAP funding for qualifying projects. A local program, modeled after our experiences with the
U.S. EPA�s Brownfield Revolving Loan Fund, will be created to establish guidance and parameters for
the application, selection, award, and payback of the funding. No limit is placed on the amount of
the awards provided a payback of 3 years or less is demonstrated. Any award greater than 25% of total
EECBG will provide to DOE detailed budget, and budget justification prior to initiation. A revolving
loan fund would be created to continue the benefits of this investment into future years beyond the
use of the initial award in the first three years.
DOE DESIRED OUTCOMES iDE-FOA-OOOOOT3)
- increased Energy -Efficiency, Reduced Energy Consumption, and Reduced Energy Costs through Efficiency
Improvements in the Building, Transportation, and other Appropriate Sectors
- New Jobs & Increased Productivity to Spur Economic Growth & Community Development
- Accelerated Deployment of Market -ready Distributed Renewable Energy Technologies, including Wind,
Solar, Geothermal, Hydropower, Biomass, and Hydrogen Technologies
- Improved Air Quality and Related Environmental & Health Indicators Associated with the Reduction of
Fossil -Fuel Emissions
- Leveraging the Resources of Federal, State, & Local Governments, Utilities & Utility Regulators,
Private -Sector & Non -Profit Organizations to Maximize the Resulting Energy, Economic & Environmental
Benefits
- widespread use of innovative Financial Mechanisms that transform Markets
!t you are proposing more than one activity, save this life as many times as needed wJth successive page numbers. For example: "OM-CITY-Columbus-
Pro)ectActivity page 4.pdf," "ON -CITY -Columbus -Protect Activity page Y.pdt,"and continue as needed.
EECBG Activity Worksheet
Grantee: City of Fort worth
DUNS #: 73170458
Program Contact First Name: sam
ProjeetTitle: Activity #9: Multiple - Lighting I
Activity: 6. Buildings and Facilities
Sector: Public
Program Contact Email:
_ Date: 09f2l/2009
sam.steele@fortworthgov.org
ame:
Last N
Initiatives
If Other:
If Other:
Steele
Proposed Number of Jobs Created: 12 . oo Proposed Number of Jobs Retained:
Proposed Energy Saved and/or Renewable Energy Generated: 22 , 019 -MBTU SOURCE
Proposed GHG Emissions Reduced (CO2 Equivalents): 1, os5.000
Proposed Funds Leveraged: $21000, 000.00
Proposed EECBG Budget: 1, 050, 000. o0
Projected Costs Within Budget: Administration: $0. o0
Project Contact First Name: Sam
Metric Activity, Building Retrofits
Last Name: Steele
Revolving Loans:
If Other:
Subgrants: So • o0
Email: sam.steele4gFortworthgov.org
Project Summary: (limit summary to space provided)
Proposed Funds Leveraged based on in kind effort and program investment (public and private)
PROGRAM PROJECT{S)
Lighting Improvement Initiatives
- BRIT Facility Energy Efficient/Solar Parking LOC Lighting
The project seeks to implement energy -efficient LED lighting improvements aC Che Botanic Research
Institute of Texas' (BRITs) proposed parking lot, which which will be a joint use facility with the
adjacent City's Botanic Gardens facility. The BRIT facility will replace a mid-20th century facility
and is proposed to be a Gold LEED certified facility. It is the intent of this project to utilize
solar energy, via building affixed panels, to power these fixtures. The project would be required to
be legally, economically and technically feasible based on life -cycle cost analysis.
- City Facility Energy Efficient/Solar Parking Lot Lighting
The project seeks Co implement energy -efficient LED lighting improvements across 37 CiCy parking
facilities. It is the intent to mount PV panels to existing parking or ancillary structures and
utilize solar energy to power these fixtures in addition to a fraction of the building's energy. The
project would be required to be legally, economically and technically feasible as part of a
City -approved Detailed Energy Study (DES) and subsequent phase of the City's current ESPC.
The project builds on experience with the previous LED project, and is on the City's current Resource
Conservation Program list of desired projects. Further, the project will help to achieve energy
operations & maintenance budget cost -avoidance similar to those proven in ESPC Phases I through IV.
Lighting levels Co ensure safe and secure operations would be standardized after evaluation. Project
effectiveness will be determined on a life -cycle cost versus a simple payback calculation.
- City Facility Energy Efficient Parking Garage Lighting Pilot
The project seeks to implement energy -efficient LED lighting improvements as a pilot in one (1) City
parking facilities. It is the intent to mount PV panels to existing parking or ancillary structure
and utilize solar energy to power some of these fixtures. The project would be required Co be .
legally, economically and technically feasible as part of a City -approved Detailed Energy Study (DES)
and subsequent phase of the City's current ESPC. Project effectiveness will be determined on a
life -cycle cost versus a simple payback calculation.
DOE DESIRED OUTCOMES (DE-FOA-0000013)
- Increased Energy Efficiency, Reduced Energy Consumption, and Reduced Energy Costs through Efficiency
Improvements in the Building, Transportation, and other Appropriate Sectors
- New Jobs & Increased Productivity to Spur Economic Growth & Community Development
Accelerated Deployment of Market -Ready, Distributed Renewable Energy Technologies, including Wind,
Solar, Geothermal, Hydropower, Biomass, and Hydrogen Technologies
- Improved Air Quality and Related Environmental & Health Indicators Associated with the Reduction of
Fossil -Fuel Emissions
Leveraging the Resources of Federal, State, & Local Governments, Utilities & Utility Regulators,
Private -Sector & Non -Profit Organizations to Maximize the Resulting Energy, Economic & Environmental
Benefits
Widespread use of Innovative Financial Mechanisms that Transform Markets
1(you are proposing more than one activity, save this file as many times as needed with successive page numbers, For example: "OH -CITY -Columbus -
Project Activity page 9.pdf," "ON -CITY -Columbus -Project Activitypage 2,pdf," and continue as needed.
Grantee: City of Fort Worth
DUNS #: 73170458
Program Contact First Name: Sam
Project Title: Activity #5: Multiple -
Activity: 5• Energy Efficiency Retrofits
SBCtOC public
EECBG Activity Worksheet
Program Contact Email:
_ Date: 09/21/2009
sam.steele®fortworthgov.org
Last Name: Steele
-Performance Building Initiatives
tf Other:
If Other.
Proposed un,ber of Jobs Created: 5 . oo Proposed Number of Jobs Retained:
Proposed Energy Saved and/or Renewable Energy Generated: 81 386-MBTU SOURCE
Proposed GHG Emissions Reduced (CO2 Equivalents): 413.000
Proposed Funds Leveraged: $500, 000. 00
Proposed EECBG Budget: suu, uuu. uu
Projected Costs Within Budget: Administration: $0.00
Project Contact First Name; Sam
Metric Activity: Building Retrofits
Revolving loans:
last Name: steele
If Other:
Project Summary: (limit summary to space provided)
Proposed Funds Leveraged based on in kind effort and program investment
PROGRAM PROJECTS)
High -Performance Building Initiatives
Subgrants: $o • o0
Email: sam.steeleofortworthgov.org
- Greening of Fort Worth Convention Center and Will Rogers Memorial Center
The project seeks to obtain Leadership in Energy & Environmental Design (LEED) Certification through
the United States Green Building Council (USGBC) for two Department of Public Events' facilities as
judged legally, economically and technically feasible by the City.
A proposal for the Fort Worth Convention Center (FWCC) is under consideration through Phase III of the
City's Energy Savings Performance Contract {ESPC). An initial study is planned to identify scope and
costs to secure LEED program points for both Certified and Silver certification levels. Potential
activities for consideration may include, but are not limited to, HVAC improvements (i.e. Variable
Speed Drives, High efficiency compressors and chillers, thermal storage for peak demand reductions),
Lighting Retrofits (i.e. compact florescent, LED, HID), Food Service Technology Improvements (Variable
speed vent hoods, Employee Restrooms, Motion sensor lights, Domestic hot water demand technology), and
Cool Roof Technology.
DOE DESIRED OUTCOMES (DE-FOA-0000013)
- New Jobs & Increased Productivity to Spur Economic Growth & Community Development
- Improved Air Quality & Related Environmental & Health indicators associated with the Reduction of
Fossil -Fuel Emissions
- improved Coordination of Energy -Related Policies & Programs across Jurisdictional Levels of
Governance and with other Local- & Community -Level Programs in order to Maximize the Impact of this
Program on Long -Term Local Priorities
- Leveraging the Resources of Federal, State, & Local Governments, Utilities & Utility Regulators,
Private -Sector & Non -Profit Organizations to Maximize the Resulting Energy, Economic & environmental
Benefits
1/ you are proposing more than one activity, save this file as many times as needed with successive page numbers. For example: "ON-CITY-Cotumbus-
Project Activity page t.pol," "ON -CITY -Columbus -Project Activity page 2.pdf,"and continue as needed.
Grantee: City of Fort worth
DUNS #: 73170458
EECBG Activity Worksheet
Program Contact Email
_ Date: 09/21/2009
sam.steele®fortworthgov.org
Program Contact First Name: Sam Last Name: steels
Project Title: Activity #6: Multiple - Water Utility Improvement Initiatives
Activity: s. Energy Efficiency Retrofits If Other:
Sector: public If Other:
Proposed Number of Jobs Created: 22.00 Proposed Number of Jobs Retained:
Proposed Energy Saved and/or Renewable Energy Generated: 411931-MBTU SOURCE
Proposed GHG Emissions Reduced (CO2 Equivalents): 21066 a 000
Proposed Funds Leveraged: $25, 000, 000.00
Proposed EECBG Budget: A� I uuu , uvu . vv
Projected Costs Within Budget: Administration
Project Contact First Name: Madelene
Metric Activity: Building Retrofits
Revolving Loans:
Last Name: Rafalko
o
.00
$0.00 Subgrants: $0.00
Email: eadeIona . Y a(a lkoi[ art vat t L9ov. a rg
If Other:
Project Summary: (limit summary to space provided)
Proposed Funds Leveraged from State Revolving Loan Fund and the Department of Energy
PROGRAM PROJECTS)
Water Utility Improvement Initiatives
- City Waste Water Treatment Plant Building Systems
The project seeks Co build on the City's current Resource Conservation Program by implementing
facility improvements to the city's Village Creek Waste Water Treatment Plant (WWTP), a 166 mpd
average daily flow (369 mgd peak 2 hour flow) regional waste water treatment facility. The proposed
project is currently under legal, economic and technical feasibility consideration as part of a
City -approved Detailed Energy Study (DES) in development of a potential Phase V amendment to the
City's Energy Savings Performance Contract (ESPC). The study will examine all aspect of WWTP
operations including administration, laboratory, and general operation areas. Feedback from the study
will give insight to the City as to the improvement that need to be incorporated to maximize energy
savings and minimize impact to plant operations. The application of innovative, but verified,
technologies will be evaluated for inclusion as part of this program
The Building Systems improvements under consideration in the approved DES may include, but are not
limited to:
• facility lighting improvement in administration, laboratory, and other plant operation areas
• air-conditioning within critical climate controlled areas
• electrical system efficiency improvements related to operations within and throughout the entire
WWTP
• Technologies which strip and salvage waste heat from existing plant processes and dedicates to a
beneficial reuse
Achieving energy and water utility budget cost -avoidance similar to those proven in ESPC Phases I
through IV is of primary concern.
Information obtained from this project will used to enhance the City's existing water conservation
public education and outreach program to potentially include:
• Demand side education for residential and commercial sector users
• Technology verification
• Best Practices, and
• Resource and information links
DOE DESIRED OUTCOMES (DE-FOA-0000013)
- Increased Energy -Efficiency, Reduced Energy Consumption, and Energy Costs through Efficiency
Improvements in the Building, Transportation, and other Appropriate Sectors
New Jobs & Increased Productivity to Spur Economic Growth & Community Development
Improved Air Quality and Related Environmental & Health Indicators Associated with the Reduction of
Fossil -Fuel Emissions
- Leveraging the Resources of Federal, State, & Local Governments, Utilities & Utility Regulators,
Private -Sector & Non -Profit Organizations to Maximize the Resulting Energy, Economic & Environmental
Benefits
- Widespread use of Innovative Financial Mechanisms that transform Markets
!I you are proposing more than one activity, save this fife as many times as needed with successive page numbers. For example: "OH -CITY -Columbus -
Project Activity page 1.pdf," "OH-CITY-Columbus-Projecf Activity page 2. pdf,"and continue as needed.
Grantee: City of Fort Worth
DUNS #: 73170458
EECBG Activity Worksheet
Program Contact Email;
_ Date; 09/21/2009
sam.steele®fortworthgov.org
Program Contact First Name: Sam Last Name:
Project Title: Activity V: Multiple - Transportation Improvement Initiatives
Activity: 7 • Transportation If Other.
Steele
Sector: Public
Proposed Number of Jobs Created: e • o0
Proposed Energy Saved and/or Renewable Energy Generated:
Proposed GHG Emissions Reduced (CO2 Equivalents): 1.040
Proposed Funds Leveraged: $0 . o0
Proposed EECBG Budget: 800, 000. oo
Projected Costs Within Budget: Administration: $0.00
or fn
cl onFirst Name: Mark
Metric Activity. Transportation
If Other:
(Traffic Signalization)
Proposed Number of Jobs Retained: o. o0
0
Revolving Loans
Last Name: Mathis
$0.0o Subgrants; So.00
Email: m rk.mathis%fortworthgov.org
If Other:
Project Summary: (limit summary to space provided)
GHG Emissions Reduced estimated in Tonnes/day
Proposed Funds Leveraged based on in kind effort and program investment
PROGRAM PROJECTS)
Transportation Improvement Initiatives
- City Traffic Signalization Pilot for University Drive
The project seeks to implement a University Drive traffic Signalization pilot program comprised of
adaptive traffic signal control equipment for two of the City networks more congested area roadways
for the Traffic Services Group within its Department of Transportation & Public works, as judged
legally, economically and technically feasible.
This project would build on existing Traffic Services Program initiatives by providing installation
and integration of system equipmenC Lo control six (6) signaled intersection and approximately 72
signal heads and 48 pedestrian indicator heads between intersections at Benbrook and Colonial. The
recommended system would adjust traffic signals in real-time to provide progression and reduce stops
and delays. As a pilot, experience gained through this initiative could be applied City-wide to
reduce traffic congestion.
- City Traffic Signalization Pilot for Bryant Irvin Road
The project seeks to implement a Bryant Irvin traffic Signalization pilot program comprised of
adaptive traffic signal control equipment for two of the City networks more congested area roadways
for the Traffic Services Group within its Department of Transportation & Public Works, as judged
legally, economically and technically feasible.
This project would build on existing Traffic Services Program initiatives by providing installation
anA integration of system equipment to control six (6) signaled intersection and approximately 72
signal heads and 48 pedestrian indicator heads between intersections at SH183 and Overton Ridge. The
recommended system would adjust traffic signals in real-time to provide progression and reduce stops
and delays. As a pilot, experience gained through this initiative could be applied City-wide to
reduce traffic congestion.
DOE DESIRED OUTCOMES (DE-FOA-0000013)
- Increased Energy Efficiency, Reduced Energy Consumption, and Reduced Energy Costs through Efficiency
Improvements in the Building, Transportation, and other Appropriate Sectors
- New Jobs & Increased Productivity to Spur Economic Growth & Community Development
Improved Air Quality and Related Environmental & Health Indicators Associated with the Reduction of
Fossil -Fuel Emissions
- Leveraging the Resources Of Federal, State, & Local Governments, Utilities & Utility Regulators,
Private -Sector & Non -Profit Organizations to Maximize the Resulting Energy, Economic & Environmental
Benefits
If you are proposing more than one activity, save this frle as many times as needed with successive page numbers. For exampfe: "oN-ClTY•Cofumbus-
Projecf Activity page 1. pdf, " "ON-C1 TY-Columbus-Project Activity page 2. pdf, "and continue as needed.
Grantee: City of Fort Worth
DUNS #: 73170458
EECBG Activity Worksheet
Date: 09/21/2009
Program Contact Email: sam. steele@fortworthgov.org
Program Contact First Name: Sam Last Name: Steele
Activity #8: Multiple - Transportation Improvement Initiatives (Bicycles)
Activity: 7. Transportation If Other:
Sector: public
Proposed Number of Jobs Created: 5.00
Proposed Energy Saved and/or Renewable Energy Generated:
Proposed GHG Emissions Reduced (CO2 Equivalents): 0.000
Proposed Funds Leveraged: $0 %00
400,000.00
Proposed EECBG Budget:
Projected Costs Within Budget: Administration: $o. ao
Project Contact First Name: Don
Metric Activity: Transportation
If Other:
Proposed Number of Jobs Retained:
Revolving Loans: $o . oo Subgrants: $o . o0
Lasl Name: Koski Email: don.koski®tortvorthgov.org
If Other:
Project Summary: (limif summary to space provided)
Funds Leveraged include in kind administration and supervision costs
PROGRAM PROJECTS)
Transportation Improvement Initiatives
- City Bicycle Commuting Pilot Racks & Shelters
The project seeks to implemenC downtown Fort Worth bicycling improvement pilot program consisting of
the purchase and installation of bicycle parking racks and covered bicycle shelters in City of Fort
Worth right-of-way or in easements on private right-of-way, consistent with the bikeway
recommendations of the draft Bike Fort Worth plan, Americans with Disabilities Act Accessibility
Guidelines, and the AASHTO Guide for the Development of Bicycle Facilities.
This project would build on existing Transportation Programming & Capital Projects Program initiatives
th
by providing installation of up to 150-bike racks, constructed of US Steel, throughout Fort Worat
strategic points to helping to decrease single -occupant vehicle travel and alleviate traffic
congestion and parking demand and maximize transit oriented development throughout Fort Worth. In
addition, a three (3) independent parking shelters, consisting of a shelter facility and approximately
8-12 secured storage bins, would be constructed in the downtown area to help encouraging commuters to
use a bicycle for transportation to and from downtown Fort Worth,. This pilot program would serve as
a model to replicate in proportional levels in other commercial and mixed -use centers and urban
villages in Fort Worth.
- City Bicycle Commuting Pilot Pathway Signs & Markings
The project seeks to implement downtown Fort Worth bicycling improvement pilot program consisting of
the purchase and installation of signage and pavement markings and/or striping depicting on -street
bicycle routes with supporting directional signage, consistent with the bikeway recommendations of the
draft Bike Fort Worth plan, Americans with Disabilities Act Accessibility Guidelines, and the AASHTO
Guide for the Development of Bicycle Facilities.
This project would build on existing Transportation Programming & Capital Projects Program initiatives
by providing a minimum of 40 Street signs and pavement markings along approximately to -miles of new
on -street bikeways (converted from existing roadways including a conversion of the existing bus -only
lanes Co bus- and bike -only lanes) encouraging commuters to use a bicycle for transportation to, from,
and within downtown Fort Worth, helping to decrease single -occupant vehicle travel and alleviate
traffic congestion and parking demand. This pilot program would serve as a model to replicate in
proportional levels in other commercial and mixed -use centers and urban villages in Fort Worth,
DOE DESIRED OUTCOMES (DE-FOA-0000013)
- Increased Energy Efficiency, Reduced Energy Consumption, and Reduced Energy Costs through Efficiency
Improvements in the Building, Transportation, and other Appropriate Sectors
- New Jobs & Increased Productivity to Spur Economic Growth & Community Development
Improved Air Quality and Related Environmental & Health Indicators Associated with the Reduction of
Fossil -Fuel Emissions
Leveraging the Resources of Federal, State, & Local Governments, Utilities & Utility Regulators,
Private -Sector & Non -Profit Organizations to Maximize the Resulting Energy, Economic & Environmental
Benefits
!I you are proposing more than one activity, save this file as many times as needed with successive page numbers. For example: "OH -CITY -Columbus -
Project Activity page i.pdf," "OFt-CfTY-Columbus-Project Activity page 2.pdf,"and continue as needed.
Grantee:
City of Fort Worth
DUNS #: 73170458
EECBG Activity Worksheet
Date: 09/21/2009
Program Contact Email: sam. steeleefortworthgov. org
Program Contact First Name: Sam Last Name:
Project Title: Activity 49: Multiple - Renewable Energy Initiatives
Activity: 6. Buildings and Facilities If Other: T
bl
Sector: Puic
If Other.
Steele
Proposed Number of Jobs Created: 10 • oo Proposed Number of Jobs Retained:
Proposed Energy Saved and/or Renewable Energy Generated: 3005 MBTU Source/ 149 xw
Proposed GHG Emissions Reduced (CO2 Equivalents): 148.000
Proposed Funds Leveraged: $15-0, 000.00
Proposed EECBG Budget: yvu, vuu . Uu
Projected Costs Within Budget: Administration: $0.00
Project Contact First Name: Sam
Metric Activity: Renewable Energy Market Development
Revolving Loans: So . oo Subgrants: Sa • o0
Last Name: Steele Email: san.eteeleefartworthgov.org
If Other:
Project Summary: (limit summary to space provided)
Proposed Funds Leveraged based on in kind effort and program investment
PROGRAM PROJECT(S)
Renewable Energy Initiatives
- City Community Center Solar Water -Heating Pilot
The project seeks to implement efficient solar water -heating improvements, replacing existing electric
water heating units, as a pilot in six (6) City community center facilities. The project would be
required to be legally, economically and technically feasible as part of a City -approved Detailed
Energy Study (DES) and subsequent phase of the City's current ESPC,
The project builds the City's current Resource Conservation Program and is on its list of desired
projects. Hot water temperatures ensuring safe and secure operations would be standardized after
evaluation using a lifecycle cost analysis.
- City Regional Library Solar Photo -Voltaic Power Pilot
The project seeks to implement Solar Photovoltaic Power improvements as a pilot in two (2) City
regional library facilities. The lifecycle cost of building mounted photovoltaic improvements will be
evaluated for effectiveness and possible expansion into remaining City facilities. The project would
be required to be legally, economically and technically feasible as part of a City -approved Detailed
Energy Study (DES) and subsequent phase of the City's current ESPC.
The project builds the City's current Resource Conservation Program and is on its list of desired
projects.
DOE DESIRED OUTCOMES (DE-FOA-0000013)
New Jobs & Increased Productivity to Spur Economic Growth & Community Development
- Accelerated Deployment of Market -Ready, Distributed Renewable Energy Technologies, including Wind,
Solar, Geothermal, Hydropower, Biomass, and Hydrogen Technologies
- Improved Air Quality and Related Environmental & Health Indicators Associated with the Reduction of
Fossil -Fuel Emissions
Increased Security, Resilience, & Reliability of Energy Generation & Transmission Infrastructure
- Leveraging the Resources of Federal, State, & Local Governments, Utilities & Utility Regulators,
Private -Sector & Non -Profit Organizations to Maximize the Resulting Energy, Economic & Environmental
Benefits
- widespread use of Innovative Financial Mechanisms that Transform Markets
if you are proposing mote than one activity, save this fife as many times as needed with successive pafle numbers. For example: "OH-C/iY-Columbus-
ProjectActivity page 1.pdf," "OH-Cl7Y-Columbus-Project Activity page 2.pdf, ^and continue as needed.
DOE F 4600.2
(5/09) U.S. Department of Energy DE-EE0000963/000
A11Other Editions Are Obsolete FEDERAL ASSISTANCE REPORTING CHECKLIST Attachment42
AND INSTRUCTIONS
1. Identification Number:
2. Program/ Project Title:
DE-EE-0000963,000
City of Fort Worth, TX Energy Efficiency and Conservation Block Grant
3. Recipient:
City of Fort Worth, TX
4. Reporting Requirements:
Frequency
No. of Copies
Addressees
A. MANAGEMENT REPORTING
® Progress Report
Q, A
❑ Special Status Report
EECBG@go.doe.gov
B. SCIENTIFIC/TECHNICAL REPORTING
(Reports/Products must be submitted with appropriate DOE F 241. The 241 forms
are available at www.osti.gov'elink.)
Report/Product Form
❑ Final Scientific/Technical Report DOE F 241.3
❑ Conference papers/proceedings* DOE F 241.3
❑ Software/Manual DOE F 241.4
❑ Other (see special instructions) DOE F 241.3
* Scientific and technical conferences only
C. FINANCIAL REPORTING
EECBG@go.doe.gov
O
® SF425, Financial Status Report
D. CLOSEOUT REPORTING
❑ Patent Certification
❑ Property Certification
❑ Other
E. OTHER REPORTING
❑ Annual Indirect Cost Proposal
❑ Annual Inventory of Federally Owned Property, if any
A
See Special Instructions Below
® Other
FREQUENCY CODES AND DUE DATES:
A - Within 5 calendar days after events or as needed.
F- Final; 90 calendar days after expiration or termination of the award.
Y - Yearly; 90 days after the end of the reporting period.
S - Semiannually; within 30 days after end of reporting period.
Q - Quarterly; within 30 days after end of the reporting period.
5. Special Instructions: NOTE: The Reporting Requirements shown on this checklist are to be used in the interim and will be revised when the EECBG
reporting system is finalized. This checklist will be replaced at that time with a modification to the award.
Other Reporting: AMERICAN RECOVERY AND REINVESTMENT ACT REPORTING: See the Special Terms and Conditions for Recovery Act reporting
requirements, along with the following web site: http:%/www. federalreportine.aov. The required reports are due no later than ten calendar days after each
calendar quarter in which the recipient receives the assistance award funded in whole or in part by the Recovery Act. Recipients are instructed to maintain data in
order to report cumulatively beginning with an estimated October 10, 2009 reporting deadline.
Federal Assistance Reporting Instructions (5/06)
A. MANAGEMENT REPORTING
Progress Report
The Progress Report must provide a concise narrative assessment of the status of work and
include the following information and any other information identified under Special
Instructions on the Federal Assistance Reporting Checklist:
1. The DOE award number and name of the recipient.
2. The project title and name of the project director/principal investigator.
3. Date of report and period covered by the report.
4. A comparison of the actual accomplishments with the goals and objectives established for
the period and reasons why the established goals were not met.
5. A discussion of what was accomplished under these goals during this reporting period,
including major activities, significant results, major findings or conclusions, key outcomes
or other achievements. This section should not contain any proprietary data or other
information not subject to public release. If such information is important to reporting
progress, do not include the information, but include a note in the report advising the
reader to contact the Principal Investigator or the Project Director for further information.
6. Cost Status. Show approved budget by budget period and actual costs incurred. If cost
sharing is required break out by DOE share, recipient share, and total costs.
7. Schedule Status. List milestones, anticipated completion dates and actual completion
dates. If you submitted a project management plan with your application, you must use
this plan to report schedule and budget variance. You may use your own project
management system to provide this information.
8. Any changes in approach or aims and reasons for change. Remember significant changes
to the objectives and scope require prior approval by the contracting officer.
9. Actual or anticipated problems or delays and actions taken or planned to resolve them.
10. Any absence or changes of key personnel or changes in consortium/teaming arrangement.
11. A description of any product produced or technology transfer activities accomplished
during this reporting period, such as:
A. Publications (list journal name, volume, issue); conference papers; or other public
releases of results. Attach or send copies of public releases to the DOE Project Officer
identified in Block 11 of the Notice of Financial Assistance Award,
B. Web site or other Internet sites that reflect the results of this project.
0
C. Networks or collaborations fostered.
D. Technologies/Techniques.
E. Inventions/Patent Applications
F. Other products, such as data or databases, physical collections, audio or video,
software or netware, models, educational aid or curricula, instruments or equipment.
Special Status Report
The recipient must report the following events by e-mail as soon as possible after they occur:
1. Developments that have a significant favorable impact on the project.
2. Problems, delays, or adverse conditions which materially impair the recipient's ability to
meet the objectives of the award or which may require DOE to respond to questions
relating to such events from the public The recipient must report any of the following
incidents and include the anticipated impact and remedial action to be taken to correct or
resolve the problem/condition:
a. Any single fatality or injuries requiring hospitalization of five or more individuals.
b. Any significan# environmental permit violation.
c. Any verbal or written Notice of Violation of any Environmental, Safety, and Health
statutes.
d. Any incident which causes a significant process or hazard control system failure.
e. Any event which is anticipated to cause a significant schedule slippage or cost
increaseI
f. Any damage to Government -owned equipment in excess of $50,000.
g. Any other incident that has the potential for high visibility in the media.
B. SCIENTIFIC/TECHNICAL REPORTS
Final Scientific/Technical Report
Content. The final scientific/technical report must include the following information and any
other information identified under Special Instructions on the Federal Assistance Reporting
Checklist:
1. Identify the DOE award number; name of recipient; project title; name of project
director/principal investigator; and consortium/teaming members.
3
2. Display prominently on the cover of the report any authorized distribution limitation notices,
such as patentable material or protected data. Reports delivered without such notices may
be deemed to have been furnished with unlimited rights, and the Government assumes no
liability for the disclosure, use or reproduction of such reports.
3. Provide Cl" executive summary, which includes a discussion of 1) how the research adds
to the understanding of the area investigated; 2) the technical effectiveness and economic
feasibility of the methods or techniques investigated or demonstrated; or 3) how the project
is otherwise of benefit to the public. The discussion should be a minimum of one
paragraph and written in terms understandable by an educated layman.
4. Provide a comparison of the actual accomplishments with the goals and objectives of the
project.
5. Summarize project activities for the entire period of funding, including original hypotheses,
approaches used, problems encountered and departure from planned methodology, and
an assessment of their impact on the project results. Include, if applicable, facts, figures,
analyses, and assumptions used during the life of the project to support the conclusions.
6. Identify products developed under the award and technology transfer activities, such as:
a. Publications (list journal name, volume, issue), conference papers, or other public
releases of results. If not provided previously, attach or send copies of any public
releases to the DOE Project Officer identified in Block 11 of the Notice of Financial
Assistance Award;
b. Web site or other Internet sites that reflect the results of this project;
c. Networks or collaborations fostered;
d. Technologies/Techniques;
e. Inventions/Patent Applications, licensing agreements; and
f. Other products, such as data or databases, physical collections, audio or video,
software or netwareI models, educational aid or curricula, instruments or equipment.
7. For projects involving computer modeling, provide the following information with the final
report:
a. Model description, key assumptions, version, source and intended use;
b. Performance criteria for the model related to the intended use;
c. Test results to demonstrate the model performance criteria were met
code verification/validation, sensitivity analyses, history matching with lab or field data,
as appropriate);
d. Theory behind the model, expressed in non -mathematical terms;
e. Mathematics to be used, including formulas and calculation methods;
f. Whether or not the theory and mathematical algorithms were peer reviewed,
and, if so, include a summary of theoretical strengths and weaknesses;
g. Hardware requirements; and
h. Documentation (e.g., users guide, model code).
Electronic Submission. The final scientific/technical report must be submitted electronically -via
the DOE Energy Link System (E-Link) accessed at http://www.osti.gov/elink-2413.
Electronic Format. Reports must be submitted in the ADOBE PORTABLE DOCUMENT
FORMAT (PDF) and be one integrated PDF file that contains all text, tables, diagrams,
photographs, schematic, graphs, and charts. Materials, such as prints, videos, and books,
that are essential to the report but cannot be submitted electronically, should be sent to the
Contracting Officer at the address listed in Block 12 of the Notice of Financial Assistance
Award.
Submittal Form. The report must be accompanied by a completed electronic version of DOE
Form 241.3, "U.S. Department of Energy (DOE), Announcement of Scientific and Technical
Information (STI)." You can complete, upload, and submit the DOE F.241.3 online via E-Link.
You are encouraged not to submit patentable material or protected data in these reports, but if
there is such material or data in the report, you must: (1) clearly identify patentable or
protected data on each page of the report; (2) identify such material on the cover of the report;
and (3) mark the appropriate block in Section K of the DOE F 241.3. Reports must not contain
any limited rights data (proprietary data), classified information, information subject to export
control classification, or other information not subject to release. Protected data is specific
technical data, first produced in the performance of the award that is protected from public
release for a period of time by the terms of the award agreement.
Conference Papers/Proceedings
Content: The recipient must submit a copy of any conference papers/proceedings, with the
following information: (1) Name of conference; (2) Location of conference; (3) Date of
conference; and (4) Conference sponsor.
Electronic Submission. Scientific/technical conference paper/proceedings must be submitted
electronically -via the DOE Energy Link System (E-Link) at http://www.osti.gov/elink-2413,
Non-scientific/technical conference papers/proceedings must be sent to the URL listed on the
Reporting Checklist.
Electronic Format. Conference papers/proceedings must be submitted in the ADOBE
PORTABLE DOCUMENT FORMAT (PDF) and be one integrated PDF file that contains all
text, tables, diagrams, photographs, schematic, graphs, and charts. If the proceedings cannot
be submitted electronically, they should be sent to the DOE Administrator at the address listed
in Block 12 of the Notice of Financial Assistance Award.
Submittal Form. Scientific/technical conference papers/proceedings must be accompanied by
a completed DOE Form 241.3. The form and instructions are available on E-Link at
http://www.osti.gov/elink-2413. This form is not required for non -scientific or non -technical
conference papers or proceedings.
Software/Manual
Content. Unless otherwise specified in the award, the following must be delivered: source
code, the executable object code and the minimum support documentation needed by a
competent user to understand and use the software and to be able to modify the software in
subsequent development efforts.
Electronic Submission. Submissions may be submitted electronically -via the DOE Energy Link
System (E-Link) at http://www.osti.gov/estsc/241-4pre.isp. They may also be submitted via
regular mail to:
Energy Science and Technology Software Center
P.O. Box 1020
Oak Ridge, TN 37831
Submittal Form. Each software deliverable and its manual must be accompanied by a
completed DOE Form 241.4 "Announcement of U.S. Department of Energy Computer
Software." The form and instructions are available on E-Link at http://www.osti.gov/estsc/241-
4pre.isp.
C. FINANCIAL REPORTING
Recipients must complete the financial reports identified on the Reporting Checklist in
accordance with the report instructions. These standard forms are available at
http:H%Alww.whitehouse.gov/omb/grants/index,html. Fillable forms are available at
http://grants. pr.doe, gov.
D. CLOSEOUT REPORTS
Final Invention and Patent Report
The recipient must provide a DOE Form 2050.11, "PATENT CERTIFICATION." This form is
available at http://www.directives.doe.gov/pdfs/forms/2050-11.pdf and
http://management.energy.gov/business doe/business forms.htm
Property Certification
The recipient must provide the Property Certification, including the required inventories of non-
exempt property, located at http://management.energy.gov/business doe/business forms.htm
E. OTHER REPORTING
Annual Indirect Cost Proposal and Reconciliation
Requirement. In accordance with the applicable cost principles, the recipient must submit an
annual indirect cost proposal, reconciled to its financial statements, within six months after the
close of the fiscal year, unless the award is based on a predetermined or fixed indirect rate(s),
or a fixed amount for indirect or facilities and administration (F&A) costs.
Cognizant Agency. The recipient must submit its annual indirect cost proposal directly to the
cognizant agency for negotiating and approving indirect costs. If the DOE awarding office is
the cognizant agency, submit the annual indirect cost proposal to the DOE Award
Administrator identified in Block 12 of the Notice of Financial Assistance Award.
Annual Inventory of Federally Owned Property
Requirement. If at any time during the award the recipient is provided Government -furnished
property or acquires property with project funds and the award specifies that the property vests
in the Federal Government (i.e. federally owned property), the recipient must submit an annual
inventory of this property to the DOE Award Administrator identified in Block 12 of the Notice
of Financial Assistance Award no later than October 301n of each calendar year, to cover an
annual reporting period ending on the preceding September 30'n
Content of Inventory. The inventory must include a description of the property, tag number,
acquisition date, location of property, and acquisition cost, if purchased with project funds.
The report must list all federally owned property, including property located at subcontractor's
facilities or other locations.
7
O
O
O
M
U
0
Cl
O
O
W
w
W
0
aD
E
Z
-o
3
Q
um
co
o
o
O
o
o
M
O
O
O
OO
O
O
O
N
O
O
o
�
691
69-
ER
o
Z
EH
@
To
>
o
o
o
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
69
693
69-
6p}
64
699
6Fi
6H
69
O
Ki
EH
O
lb 3
O
64
O
O
O
O
O
O
m
aEi
o
`o.
64
64
_
E9
ti
�
-o
E
L�
m
`O
C
O
o
3
Z
I
N
Z
n �
� m
a E
y
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
Eck
64)
E9
64
6�}
O
6'i
69
O
E9-
O
EL}
CY)
O
O
O
'm
O
O
O
OMO
O
0
LO
�
_
O
O
O
LO
0
N6
LO
CD
LO
��l
N
v
E9�- -
6
64
a
�o
a
LL
T
O
c
'V
U
,=
uJ
E
V
o
0
0
0
0
0
0
0
0
0
o
O
69
6'i
64}
6%
69
O
<f?
64
O
e=k
O
:6f}
o
0
0
e
a
O
E
N
N
�. >
64
69
Ef}
ma
N
LL
rn n
,..'
c E
c
Lli —
LL
U
Z
T
=
O
O
6 .
LL
�
N O
v
a
O
O
O
O
O
O
O
O
O
O
O
O
O
�^
64
64
6r>
64
64
O
64
69
O
EA
O
64
co
O
O
M
a
E
�
m
W
LL
L
a
a�
p, N
r N
._
U
C
d @
Mtn
00
00
OD
OO
:.
Lcu
L N
CV
N
CV
N
o ¢ E
O ti Z
00
00
00
W
t6 O
t6 E
L
U O
�?
o
@
0
E
o
>
Lp
o
m
E
E
c
�
a
o
rn
V7
N
E
�E LL
a
a.i
N
to
L
LL .�'
W
U
N
@
m
W
U
C
C
t7jd
10�
.= J
m
'O
N
C
@
U
L
O
O
Ma
d
N
d
(Nn
U
N
v
U
9
2¢
N
C
o�
m
(06
C
m
E
N
U
E
C
ma.
a
C
_J
U
N
Cn
d
n
CL
U
W O
T O
U>
N
C
>
>
Q.
C
E
m
U
N
L6
0-
O
CO
0
L
"O
C
N
co
n
-
.�
a-
C
0..
LL
F-
W
C/)
U
U
O
C
F
0
C
0_
.C�
O
n
L-0
Li O
W U
TG
O
@
U
-O
d
v--
Cn
L
.—
`1
a.
HC�j
cri
rf
0
T
F-
a
m
N
�
a
>
D
LL
L.
O
C
O
3
z
z
O
O
O
Jo
O
L
m
CD
cn
O
a
O
i
m
U-
o
a
w
w
'.-
0
a�
1A
E
C
a
=
n
t6
g
to
LL
O
O
aai
rn
`
o
ZD
CD
m
ci
12
UJ
a>
m
u'
N
IX—
m
c
a`)
m
U.
N
O
n
O�
'U z
OLL
m
a�i
cc
E
O
O
0
U
z_
c
O
E
C
�
�
U
y
LL Z,
d
E .>
Q
Q
m
O
a
O
C7
U
W
O O O O O O O O O O O O O O O C
V? 64 69 69 64 64 64 64 Ef} CD64 64 CD64 O H
O O O
w
O O O
N
c U 64 64 61:3
O m
2 N
O >
N �
C
F
E
QE
E o
� a
w E
O O O O v O O O O O O O O O O O 7E
O O O O 64 (h 64 664 O 6O 6- O v
O O O C5 �+ o O O O
O O CD O � CD CD CD
� C 64 69- ,S 0 n> 6S 69 69
�� . Y
EFT Q c m
O A
F
N N
tj
2 O N
O` C
1L 2 m
05
E O O O O o 0 0 0 0 0 o c
64 64 64 64 6s o 64 64 00 64 Oo
a` y o 0 0
_> O o O
cm
c
N N
75 o
n
cD E
O O O O O O O O O o O C
64 6 ) 64 hi- EFT 00 64 64 O 64 Oo : 6:
U_
m O O O
O O o
't 64 EFT 69'
a
w
o. -
m
c
Hi
in
N N N co
r
L
co co co
cu
co
0
d E
O U v
N N U 'O � N ^
U F m N i_
t0 CO y O N A tm cu c U co
' '� w t O d
o m ai a> o U m E E
> N_ y C C C
m U c O O
f� C U N U
N C @ CCoco C m E N U C
W F E. F E m U O rn m M. a co in
N m > > > CO U •co C N Q' Q C CO L m m
a a s 'a a O :n d LL F- W co Lj U O FO-
m 'v O ca .a ti -o ai L -:
LO co r• 00 H r
O
N
m
�7
O
O
o
O
co
ao
p
OO
'..
ti
o
�
Z
EH
cu
>
o
C
o
�
E
m'
U
�
(6
Q
O
:
O
Ery
Efi
'O
a3
N
�
N
D
a)
LL
�
O
C
O
�
Z
m
Z
C
A
O
O
O
O
O
O
O
O
O
O
O
E{}
F}}
O
6g
O
c0
OC)
OD
co
co
CY)
co
64
EJ}
«}
s
(6
O
E
i
N �
N
a)
O O) �
N @ N ZD
t O O O C
C U � O
U c io occ E O
c m a) c E W
ns _ 2
m li W u) j U O ~ -c H o
Oca .0 C.)-o ai
DE-EE0000963/000
City of Fort Worth, TX
Table of Contents
Number ;;ub'ect i'a e
1. RESOLUTION OF CONFLICTING CONDITIONS.....................................................2
2. AWARD AGREEMENT TERMS AND CONDITIONS................................................2
3, ELECTRONIC AUTHORIZATION OF AWARD DOCUMENTS.. Gown owes DR exammat an a man magmexam 2
4, PAYMENT PROCEDURES e ADVANCES THROUGH THE AUTOMATED
STANDARD APPLICATION FOR PAYMENTS (ASAP) SYSTEM. NONE so ossougs No Room okowsapq 2
5. CEILING ON ADMINISTRATIVE COSTS.....Base sea won ........»,,,............,.... Soso" . Avon man ....,...3
6. LIMITATIONS ON USE OF FUNDS..........................................................................3
7. INDIRECT COSTS AND FRINGE BENEFITS COSTS ARE NOT
REIMBURSABLE........ be w9Vxsx*o am am so owswummen nommouse "AM again smog woMw4
8. USE OF PROGRAM INCOME..................................................................................4
9. STATEMENT OF FEDERAL STEWARDSHIP.........................................................04
10. SITE VISITS..............................................................................................................4
11. REPORTING REQUIREMENTS................................................................................4
12. PUBLICATIONS............ No B*Wenvm MEMBER We mogmansw Nissan 9mgmanguz mosmam go so mom mouses 0 won Ed massocal 5
13. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS......ozone soon ......was ............»...5
14, LOBBYING RESTRICTIONS............................navy ............................................... *Dome 5
15. STAGED DISBURSEMENT......................................................................................6
16. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS ...............6
17. HISTORIC PRESERVATION...................OWN .......... Mosses ............message ,...............,..........9
18. WASTE STREAM....................................................................................................a9
19. DECONTAMINATION AND/OR DECOMMISSIONING (D&D) COSTS.....................9
20. S UBCONTRACT/S UBG RANT APPROVALS....."* axogggym 0 a BE an RARE map 10
21, ADVANCE UNDERSTANDING CONCERNING PUBLICLY FINANCED
ENERGY IMPROVEMENT PROGRAMS.....................:..........................................10
22. SPECIAL PROVISIONS RELATING TO WORT{ FUNDED UNDER AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009 (May 2009) Mang REDO ......... OVEN .. mammas
11
23. REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1612
OF THE RECOVERY ACT......................................................................................16
24. NOTICE REGARDING THE PURCHASE OF AMERICAN—MADE EQUIPMENT
AND PRODUCTS -- SENSE OF CONGRESS........................................................17
25. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED
GOODS — SECTION 1605 OF THE AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009.............................................................................17
26. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED
GOODS (COVERED UNDER INTERNATIONAL AGREEMENTS) —SECTION
1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 .....20
27. WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY
ACT......................................................................................................................... 24
28. RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF
EXPENDITURES OF FEDERAL AWARDS AND RECIPIENT
RESPONSIBILITIES FOR INFORMING SUBRECIPIENTS....................................25
29. DAVIS—BACON ACT REQUIREMENTS................................................................e26
1
D&EE0000963/000
City of Fort Worth, TX
Any apparent inconsistency between Federal statutes and regulations and the terms and
conditions contained in this award must be referred to the DOE Award Administrator for
guidance.
This award/agreement consists ofthe Assistance Agreement, plus the following;
a. Special Terms and Conditions.
b. Attachments:
Attachment Number Title
1. Statement of Project Objectives
2. Federal Assistance Reporting Checklist and Instructions
3. Budget Pages (SF 424A)
c. Program regulations, if applicable.
d. DOE Assistance Regulations, 10 CFR- Part 600 at http*//eefr.gpoaccess.gov.
e. Application/proposal as approved by DOE.
f. National Policy Assurances to Be Incorporated as Award Terms in effect on date of
award at http://management.energy.gov/bus*mess doe/l374.htm.
a. �I,EE:�'1�'EvI`11iC A�Ji�irv'��AiI�^rN �F A`rJAa�' D€'CTJI'�EI;T�`u'
Acknowledgement of award documents by the Recipient's authorized representative
through electronic systems used by the Department of Energy, specifically FedConnect,
constitutes the Recipient's acceptance of the terms and conditions of the award.
Acknowledgement via FedConnect by the Recipient's authorized representative
constitutes the Recipient's electronic signature.
a. Method of Pavznent. Payment will be made by advances through the Department of
Treasury's ASAP system.
b. Re uq esting Advances. Requests for advances must be made through the ASAP system.
You may submit requests as frequently as required to meet your needs to disburse funds
for the Federal share of project costs. If feasible, you should time each request so that
you receive payment on the same day that you disperse funds for direct project costs and
the proportionate share of any allowable indirect costs. If same -day transfers are not
feasible, advance payments must be as close to actual disbursements as administratively
feasible..
c. Adjusting requests for available cash. You must disburse any funds that are
available from repayments to and intexest earned on a revolving fund, program income,
FJ.
DE-EE0000963/000
City of Fort Worth, TX
rebates, refunds, contract settlements, audit recoveries, credits, discounts, and interest
earned on any of those funds before requesting additional cash payments from DOE.
d. Payments. All payments are made by electronic funds transfer to the bank account
identified on the ASAP Bank Information Form that you filed with the U.S. Department
of Treasury.
a. Local government and Indian Tribe Recipients may not use more than 10 percent of
amounts provided under this program, or $75,000, whichever is greater (EISA Sec 545
(b)(3)(A)), for administrative expenses, excluding the costs of meeting the reporting
requirements under Title V, Subtitle E of EISA. These costs should be captured and
summarized for each activity under the Projected Costs Within Budget: Administration.
b. Recipients are expected to manage their administrative costs. DOE will not amend an
award solely to provide additional funds for changes in administrative costs. The
Recipient shall not be reimbursed on this project for any final administrative costs that
are in excess of the designated 10 percent administrative cost ceiling. In addition, the
Recipient shall neither count costs in excess of the administrative cost ceiling as cost
share, nor allocate such costs to other federally sponsored project, unless approved by the
Contracting Officer.
a. By accepting funds under this award, you agree that none of the funds obligated on the
award shall be expended, directly or indirectly, for gambling establishments, aquariums,
zoos, golf courses or swimming pools.
b. Local government and Indian tribe Recipients may not use moxe than 20 percent of the
amounts provided or $250,0002 whichever is greater (EISA Sec 545 (b)(3)(B}}3 for the
establishment of revolving loan funds.
c. Local government and Indian tribe Recipients may not use more than 20 percent of the
amounts provided or $250,000, whichever is greater (EISA Sec 54S (b)(3)(C)), for
subgrants to nongovernmental organizations for the purpose of assisting in the
implementation of the energy efficiency and conservation strategy of the eligible unit of
local government or Indian tribe.
D&EE0000963/000
City of Fort Worth, TX
'T 1 1 Joillilw3m
' 1:,
The budget for this award does not include indirect costs or fringe benefits. Therefore,
these expenses shall not be charged to nor reimbursement requested for this project nor
shall the indirect and fringe benefit costs from this project be allocated to any other
federally sponsored project. In addition, indirect costs or fringe benefits shall not be
counted as cost share unless approved by the Contracting Officer. This restriction does
not apply to subawardees' indirect or fringe benefit costs.
If you earn program income during the project period as a result of this award, you may add
the program income to the funds committed to the award and used to further eligible project
objectives.
DOE will exercise normal Federal stewardship in overseeing the project activities performed
under this award. Stewardship activities include, but are not limited to, conducting site
visits; reviewing performance and financial reports; providing technical assistance and/or
temporary intervention in unusual circumstances to correct deficiencies which develop
during the project; assuring compliance with terms and conditions; and reviewing technical
performance after project completion to ensure that the award objectives have been
accomplished.
DOE's authorized representatives have the right to make site visits at reasonable times to
review project accomplishments and management control systems and to provide technical
assistance, if required. You must provide, and must require your subawardees to provide,
reasonable access to facilities, office space, resources, and assistance for the safety and
convenience of the government representatives in the performance of their duties. All site
visits and evaluations must be performed in a manner that does not unduly interfere with or
delay the work.
a. Requirements. The reporting requirements for this award are identified on the Federal
Assistance Reporting Checklist, DOE F 4600.2, attached to ibis award. Failure to
comply with these reporting requirements is considered a material noncompliance with
the terms of the award. Noncompliance may result in withholding of future payments,
suspension or termination of the current award, and withholding of future awards. A
willful failure to perform, a history of failure to perform, or unsatisfactory performance
of this and/or other financial assistance awards, may also result in a debarment action to
preclude future awards by Federal agencies.
11
DE-EE0000963/000
City of Fort Worth, TX
b. Additional Recovery Act Reporting Requirements are found in the Provision below
labeled: "REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION
1512 OF THE RECOVERY ACT."
a. You are encouraged to publish or otherwise make publicly available the results of the
work conducted under the award.
b. An acknowledgment of DOE support and a disclaimer must appear in the publication of
any material, whether copyrighted or not, based on or developed under this project, as
follows:
Acknowledgment: "This material is based upon work supported by the Department of
Energy [National Nuclear Security Administration] [add name(s) of other agencies, if
applicable] under Award Number(s) [enter the award number(s)]."
Disclaimer: "This report was prepared as an account of work sponsored by an agency
of the United States Government. Neither the United States Government nor any
agency thereof, nor any of their employees, makes any warranty, express or implied,
or assumes any legal liability or responsibility for the accuracy, completeness, or
usefulness of any information, apparatus, product, or process disclosed, or represents
that its use would not infringe privately owned rights. Reference herein to any
specific commercial product, process, or service by trade name, trademark,
manufacturer, or otherwise does not necessarily constitute or imply its endorsement,
recommendation, or favoring by the United States Government or any agency thereof.
The views and opinions of authors expressed herein do not necessarily state or reflect
those of the United States Government or any agency thereof."
You must obtain any required permits and comply with applicable federal, state, and
municipal laws, codes, and regulations for work performed under this award.
By accepting funds under this award, you agree that none of the funds obligated on the award
shall be expended, directly or indirectly, to influence congressional action on any legislation
or appropriation matters pending before Congress, other than to communicate to Members of
Congress as described in 18 U.S.C. 1913. This restriction is in addition to those prescribed
elsewhere in statute and regulation.
5
DE-EE0000963/000
City of Fort Worth, TX
a. The total funding allocation for this award, shown in Black 12 of the Assistance
Agreement, will be obligated in full with this action; however, funds will be released
according to a staged disbursement schedule. All funds must be expended within 36
months of the effective date of the award.
1. The initial disbursement of funds is 50% of the total funding allocation. The amount
identified on Page 2 of the Assistance Agreement will be released to the Recipient to
begin work on the approved activities listed in the Statement of Project Objectives. If
conditions are included in the terms and conditions of this award, upon satisfying the
conditions, the Contracting Officer will lift the funding restrictions associated with the
conditions and release the remainder of the initial disbursement of funds.
2. Project performance will be monitored and corrective action taken, as necessary to ensure
acceptable performance under this award. After one or more progress reviews, in which
the Recipient must demonstrate that it has made satisfactory progress on its activities;
expended funds appropriately; complied with reporting requirements; and created jobs,
the Contracting Officer will approve the release of the remaining balance of the total
funding allocation.
b. No additional funds will be disbursed to the Recipient far payment, and DOE does not
guarantee or assume any obligation to reimburse costs incurred by the Recipient, until the
requirements of each progress review are met. Failure by the Recipient to demonstrate
acceptable performance under this award will be deemed a noncompliance pursuant to 10
CFR 600. If a noncompliance occurs, the Contracting Officer may unilaterally terminate
or suspend this award and deobligate the amounts obligated. In such case, the Recipient
shall not be reimbursed for costs incurred at the Recipient's risk, as described above.
You are restricted from taking any action using Federal funds, which would have an adverse
effect on the environment or limit the choice of reasonable alternatives prior to DOE
providing either a NEPA clearance or a final NEPA decision regarding this project.
If you move forward with activities that are not authorized for Federal funding by the DOE
Contracting Officer in advance of the final NEPA decision, you are doing so at risk of not
receiving Federal funding and such costs may not be recognized as allowable cost share.
DOE has made a conditional NEPA determination for this award, and funding for certain
activities or tasks under this award is contingent upon the fnal NEPA determination:
Activity #I —Multiple — Planning &Strategy Initiatives.
DOE has made a final NEPA Determination for this activity, which is categorically excluded
from further NEPA review.
DE-EE0000963/000
City of Fort Worth, TX
DOE has made a final NEPA Determination for this activity, which is categorically excluded
from further NEPA review.
Activity 43 — Efficiency Incentive Initiatives- City Revolving Loan fund:
Prohibited actions include: Recipient is restricted from distributing Federal funds pending.
(1) further submission by Recipient specifically identifying all activities authorized under
this Efficiency Incentive Initiatives- City Revolving Loan Fund; and (2) a final NEPA
determination from DOE regarding those activities.
Once DOE makes a final NEPA determination and DOE authorizes Recipient to expend
Federal funds to fund projects under the City Revolving Loan Fund, the activities will be
subject to the Waste Stream and Historic Preservation clauses. Further, Recipient shall
ensure the safety and structural integrity of any repair, replacement, construction, and or
aIteration performed under this project.
This restriction does not preclude Recipient from: conducting assessments, studies, and
audits; developing strategies; and engaging in other administrative work related to the
establishment of the City Revolving Loan Fund.
Activity #4 —Multiple —Lighting Improvement Initiatives:
Prohibited actions include: Demolition, construction, replacement, removal, installation or
dzsposal activities, until such time that Recipient complies with the Waste Stream and
Historic Preservation clauses.
This restriction does not preclude Recipient from: (1) purchasing any necessary equipment
or related materials; or (2) conducting assessments, studies and other related administrative
work.
Recipient shall ensure the safety and structural integrity of any repair, replacement,
construction and/or alteration performed under this project.
Activity #5—1Vlultiple — High -Performance Building Initiatives:
DOE has made a final NEPA Determination for this activity, which is categorically excluded
from further NEPA review.
Activity #6 — Multiple — Water Utility Improvement Initiatives:
Recipient is restricted from implementing facility improvements, including all demolition,
repair, replacement, installation, construction, or alteration activities, pending: (1}further
submission by Recipient specifically identifying all activities authorized under the Water
Utility Improvements Initiative; and (2) a final NEPA determination from DOE regarding
those activities.
Once DOE makes a final NEPA determination and DOE authorizes Recipient to expend
Federal funds to implement the improvements, the activities will be subject to the Waste
Stream and Historic Preservation clauses. Further, Recipient shall ensure the safety and
structural integrity of any repair, replacement, construction, and or alteration performed
uI
der this project.
7
DE-EE0000963/000
City of Fort Worth, TX
This restriction does not preclude Recipient from: conducting assessments, studies, and
audits; developing strategies; and engaging in other administrative work related to the
proposed improvements.
Activity #7 —Multiple Transportation Improvement Initiatives {Traffic
Signalization):
Prohibited actions include: Demolition, construction, removal, installation or disposal
activities, until such time that Recipient complies with the Waste Stream and Historic
Preservation clauses.
This restriction does not preclude Recipient from: (1) purchasing any necessary equipment
or related materials; and (2) conducting assessments, studies and other related administrative
work.
Recipient shall ensure the safety and structural integrity of any repair, replacement,
construction and/or alteration performed under this project.
Activity #S —Multiple —Transportation Improvement Initiatives (Bicycles):
Prohibited actions include: Demolition, construction, removal; installation or disposal
activities, until such time that Recipient complies with the Waste Stream and Historic
Preservation clauses.
This restriction does not preclude Recipient from: (1) purchasing any necessary equipment
or related materials; and (2) conducting assessments, studies and other related administrative
work.
Recipient shall ensure the safety and structural integrity of any repair, replacement,
construction and/or alteration performed under this project.
Activity #9 —Multiple —Renewable Energy Initiatives:
Recipient is restricted from implementing the renewable energy 'initiatives, including all
demolition, repair, replacement, installation, construction, or alfieration avities, pending:
(1) further submission by Recipient specifically identifying all activities authorized under the
Water Utility Improvements Initiative; and (2) a final NEPA determination fiom DOE
regarding those activities.
Once DOE makes a final NEPA determination and DOE authorizes Recipient to expend
Federal funds to implement the improvements, the activities will be subject to the Waste
Stream and Historic Preservation clauses. Further, Recipient shall ensure the safety and
structural integrity of any repair, replacement, construction, and or alteration performed
under this project.
This restriction does not preclude Recipient from: conducting assessments, studies, and
audits; developing strategies; and engaging in other administrative work related to the
proposed renewable energy initiatives.
DE-EE0000963/000
City of Fort Worth, TX
iZ MW ■ .. �,
Prior to the expenditure of Federal Ova Ilteany structure or site, the Recipient is
required to comply with the requirements of Section 106 of the National Historic
Preservation Act (NHPA), consistent with DOE's 2009 letter of delegation of authority
regarding the NHPA. Section 106 applies to historic properties that are listed in or eligible
for listing in the National Register of Historic Places. In order to fulfill the requirements of
Section 106, the recipient must contact the State Historic Preservation Officer (SHPO), and,
if applicable, the Tribal Historic Preservation Officer (THPO), to coordinate the Section 106
review outlined in 36 CFR Part 800. SHPO contact information is available at the following
link: http://www.neshpo.oriz/find/index.htm. THPO contact information is available at the
following link: htD://www.ngthp.
Section 110(k} of the NHPA applies to DOE funded activities. Recipients shall avoid taking
any action that results in an adverse effect to historic properties pending compliance with
Section 106.
Recipients should be aware that the DOE Contracting Officer will consider the recipient in
compliance with Section 106 of the NHPA only after the Recipient has submitted adequate
background documentation to the SHPO/THPO for its review, and the SHPO/THPO has
provided written concurrence to the Recipient that it does not object to its Section 106
finding or determination. Recipient shall provide a copy of this concurrence to the
Contracting Officer.
Prior to the expenditure of Federal funds to dispose of sanitary or hazardous waste, the
Recipient is required to provide documentation to the Project Officer demonstrating that it
has prepared a disposal plan for sanitary or hazardous waste generated by the proposed
activities. Sanitary or hazardous waste includes, but is not limited to, old light bulbs, lead
ballasts, piping, roofing material, discarded equipment, debris, asbestos, etc.
The DOE Contracting Officer shall consider compliance with this clause complete only after
the Recipient has submitted adequate documentation to DOE for its review, and DOE has
provided written approval to the Recipient of its proposed plan to dispose of its sanitary or
hazardous waste.
Notwithstanding any other provisions of this Agreement, the Government shall not be
responsible far ar have any obligation to the Recipient for (i}Decontamination and/or
Decornmissionmg (D&D) of any of the Recipient's facilities, or (ii) any costs which may be
incurred by the Recipient in connection with the D&D of any of its facilities due to the
performance of the work under this Agreement, whether said work was performed prior to or
subsequent to the effective date of the Agreement.
DE-EE0000963/000
City of Fort Worth, TX
a. In the original application, the subcontractors}/subgrantee(s) were not proposed by the
recipient. In order to receive reimbursement for the costs associated with
subcontractors/activities listed in the approved Statement of Project Objectives (SOPO),
each subcontract/subgrant must be approved by the DOE Contracting Officer.
b. Upon the recipient's selection of the subcontractor{s)Isubgxantee{s}, and within 180 days
of the award date in Block 27 of the Assistance Agreement, the recipient shall provide the
following information for each, regardless of dollar amount:
Name
DUNS Number
Award Amount
Statement of work including applicable activities
EF"l for all proposed activities
c. In addition to the information in paragraph b. above, for each subcontract/subgrant that
has an estimated cost greater than 25% of the Total Allocation or $1,000,000, whichever
is less, the recipient must submit a Statement of Objectives, SF424A Budget Information
— Nonconstruction Programs, and Budget Justification. The DOE Contracting Officer
may require additional information concerning these subcontracts)/subgrant(s) prior to
providing written approval.
d. No funds shall be expended on the subcontracts supporting the activities listed in the
approved SOPO until DOE approval is provided. DOE does not guarantee or assume any
obligation to reimburse costs incurred by the Recipient or subcontractor for these
activities, until approval is provided in writing by the Contracting Officer.
e. Upon written approval by the Contraciing Officer, the Recipient may then receive
payment for the activities listed in the approved SOPO for allowable costs incurred in
accordance with the payment provisions contained in the Special Terms and Conditions
of this agreement.
The parties recognize that the Recipient may use funds under this award for Property -
Assessed Clean Energy (PACE) loans, Sustainable Energy Municipal Financing, Clean
Energy Assessment Districts, Energy Loan Tax Assessment Programs (ELTAPS), or any
other form or derivation of Special Taxing District whereby taxing entities collect payments
through increased tax assessments for energy efficiency and renewable energy building
improvements made by their constituents. The Department of Energy intends to publish
"Best Practices" or other guidelines pertaining to the use of funds made available to the
Recipient under this award pertaining to the programs identified herein. By accepting this
award, the Recipient agrees to incorporate, to the maximum extent practicable, those Best
Practices and other guidelines into any such program(s) within a reasonable time after
10
DE-EE0000963(000
City of Fort Worth, TX
notification by DOE that the Best Practices or guidelines have been made available. The
Recipient also agrees, by its acceptance of this award, to require its sub -recipients to
incorporate to the maximum extent practicable the best practices and other guideline into any
such program used by the sub -recipient.
RECOVERYt REINVESTMENT ACT OF 2I1' IFS
Preamble
The American Recovery and Reinvestment Act of 2009,1'ub. L. 111-5, (Recovery Act) was
enacted to preserve and create jobs and promote economic recovery, assist those most
impacted by the recession, provide investments needed to increase economic efficiency by
spurring technological advances in science and health, invest in transportation, environmental
protection, and other infrastructure that will provide long-term economic benefits, stabilize
State and local government budgets, in order to minimize and avoid reductions in essential
services and counterproductive State and local tax increases. Recipients shall use grant funds
in a manner that maximizes job creation and economic benefit.
The Recipient shall comply with all terms and conditions in the Recovery Act relating
generally to governance, accountability, transparency, data collection and resources as
specified in Act itself and as discussed below.
Recipients should begin planning activities for their first tier subrecipients, including
obtaining a DUNS number (or updating the existing DUNS record), and registering with the
Central Contractor Registration (CCR).
Be advised that Recovery Act funds can be used in conjunction with other funding as
necessary to complete projects, but tracking and reporting must be separate to meet the
reporting requirements of the Recovery Act and related guidance. For projects funded by
sources other than the Recovery Act, Contractors must keep separate records for Recovery
Act funds and to ensure those records comply with the requirements of the Act.
The Government has not fully developed the implementing instructions of the Recovery Act,
particularly concerning speck procedural requirements for the new reporting requirements.
The Recipient will be provided these details as they become available. The Recipient must
comply with all requirements of the Act. If the recipient believes there is any inconsistency
between ARRA requirements and current award terms and conditions, the issues will be
referred to the Contracting Officer for reconciliation.
11
DE-EE0000963/000
City of Fort Worth, TX
Definitions
For purposes of this clause, Covered Funds means funds expended or obligated from
appropriations under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5.
Covered Funds will have special accounting codes and will be identified as Recovery Act
funds in the grant, cooperative agreement or TIA and/or modification using Recovery Act
funds. Covered Funds must be reimbursed by September 30, 2015.
Non -Federal employer means any employer with respect to covered funds -- the contractor,
subcontractor, grantee, or recipient, as the case may be, if the contractor, subcontractor,
grantee, or recipient is an employer; and any professional membership organization,
certification of other professional body, any agent or licensee of the Federal government, or
any person acting directly or indirectly in the interest of an employer receiving covered
funds; or with respect to covered funds received by a State or local government, the State or
local government receiving the funds and any contractor or subcontractor receiving the funds
and any contractor or subcontractor of the State or local government; and does not mean any
department, agency, or other entity of the federal government.
Recipient means any entity that receives Recovery Act funds directly from the Federal
government (including Recovery Act funds received through grant, loan, or contract) other
than an individual and includes a State that receives Recovery Act Funds.
Special ProViSlonS
A. Flow Down Requirement
Recipients must include these special fauns and conditions in any subaward.
B. Se rgregation of Costs
Recipients must segregate the obligations and expenditures related to funding under the
Recovery Act. Financial and accounting systems should be revised as necessary to
segregate, track and maintain these funds apart and separate from other revenue streams. No
part of the funds from the Recovery Act shall be commingled with any other funds or used
for a purpose other than that of making payments for costs allowable for Recovery Act
projects.
C. Prohibition on Use of Funds
None of the funds provided under this agreement derived from the American Recovery and
Reinvestment Act of 2009, Pub. L. 111-5, may be used by any State or local government, or
any private entity, for any casino or other gambling establishment, aquarium, zoo, golf
course, or swimming pool.
DE®EE0000963/000
City of Fort Worth, TX
D. Access to Records
Willa respect to each financial assistance agreement awarded uzing at least some of the
funds appropriated or otherwise made available by the American Recovery and Reinvestment
Aet of 2009, Pub. L. 111-5, any representative of an appropriate inspector general appointed
under section 3 or 8G of the Inspector General Act of 1988 (5 U.S.C. App.) or of the
Comptroller General is6authorized --
(1) to examine any records of the contractor or grantee, any of its subcontractors or
subgrantees, or any State or local agency administering such contract that pertain to, and
involve transactions that relate to, the subcontract, subcontract, grant, or subgrant; and
(2) to interview any officer or employee of the contractor, grantee, subgrantee, or agency
regarding such transactions.
E. Publication
An application may contain technical da#a and other data, including trade secrets and/or
privileged or confidential information, which the applicant does not want disclosed to the
public or used by the Government for any purpose other than the application. To protect
such data, the applicant should specifically identify each page including each line or
paragraph thereof containing the data to be protected and mark the cover sheet of the
application with the following Notice as well as referring to the Notice on each page to which
the Notice applies:
Notice of Restriction on Disclosure and Use of Data
The data contained in pages ---- of this application have been submitted in confidence and
contain trade secrets or proprietary information, and such data shall be used or disclosed only
for evaluation purposes, provided that if this applicant receives an award as a result of or in
connection with the submission of this application, DOE shall have the right to use or
disclose the data here to the extent provided in the award. This restriction does not limit the
Government's right to use or disclose data obtained without restriction from any source,
including the applicant.
Information about this agreement will be published on the Internet and linked to the website
www.recovery.gov, maintained by the Accountability and Transparency Board. The Board
may exclude posting contractual or other information on the website on a case -by -case basis
when necessary to protect national security or to protect information that is not subject to
disclosure under sections 552 and 552a of title 5, United States Code.
F. Protecting State and Local Government and Contractor Whistleblowers.
The requirements of Section 1553 of the Act are summarized below. They include, but are
not limited to:
13
DE-EE0000963/000
City of Fort Worth, TX
Prohibition on Reprisals: An employee of any non -Federal employer receiving covered
funds under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, may not
be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing,
including a disclosure made in the ordinary course of an employee's duties, to the
Accountability and Transparency Board, an inspector general, the Comptroller General, a
member of Congress, a State or Federal regulatory or law enforcement agency, a person with
supervisory authority over the employee (or other person working for the employer who has
the authority to investigate, discover or terminate misconduct), a court or grant jury, the head
of a Federal agency, or their representatives information that the employee believes is
evidence of:
- gross management of an agency contract or grant relating to covered funds;
a gross waste of covered funds;
- a substantial and specific danger to public health or safety related to the implementation
or use of covered funds;
- an abuse of authority related to the implementation or use of covered funds; or
as violation of law, rule, or regulation related to an agency contract (including the
competition for or negotiation of a contract) or grant, awarded or issued relating to covered
funds.
Agency Action: Not later than 30 days after receiving an inspector general report of an
alleged reprisal, the head of the agency shall determine whether there is sufficient basis to
conclude that the non -Federal employer has subjected the employee to a prohibited reprisal.
The agency shall either issue an order denying relief in whole or in part or shall take one or
more of the following actions:
- Order the employer to take affirmative action to abate the reprisal.
Order the employer to reinstate the person to the position that the person held before the
reprisal, together with compensation including back pay, compensatory damages,
employment benefits, and other terms and conditions of employment that would apply to the
person in that position if the reprisal had not been taken.
- Order the employer to pay the employee an amount equal to the aggregate amount of all
costs and expenses (including attorneys' fees and expert witnesses' fees) that were reasonably
incurred by the employee for or in connection with, bringing the complaint regarding the
reprisal, as determined by the head of a court of competent jurisdiction.
Nonenforceability of Certain Provisions Waiving Rights and remedies or Requiring
Arbitration: Except as provided in a collective bargaining agreement, the rights and remedies
provided to aggrieved employees by this section may not be waived by any agreement,
policy, form, or condition of employment, including any predispute arbitration agreement.
No predispute arbitration agreement shall be valid or enforceable if it requires arbitration of a
dispute arising out of this section.
Requirement to Post Notice of Rights and Remedies: Any employer receiving covered funds
under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, shall post notice
of the rights and remedies as required therein. (Refer to section 1553 of the American
Recovery and Reinvestment Act of 2009, Pub. L. 111 �5, www.Recovery.gov, for specific
requirements of this section and prescribed language for the notices.).
14
DE-EE0000963/000
City of Fort Worth, TX
G. Reserved
H. False Claims Act
Recipient and sub -recipients shall promptly refer to the DOE or other appropriate Inspector
General any credible evidence that a principal, employee, agent, contractor, sub -grantee,
subcontractor or other person has submitted a false claim under the False Claims Act or has
committed a criminal or civil violation of laws pertaining to fraud, conflict of interest,
bribery, gratuity or similar misconduct involving those funds.
I. Information in Support of Recovery Act Reporting
Recipient may be required to submit backup documentation for expenditures of funds under
the Recovery Act including such items as timecards and invoices. Recipient shall provide
copies of backup documentation at the request of the Contracting Officer or designee.
J. Availability of Funds
Funds obligated to this award axe available for reimbursement of cosfis unti136 months after
the award date.
K. Additional Fundin Distribution and Assurance of Appropriate Use of Funds
Certification by Governor —For funds provided to any State or agency thereof by the
American Reinvestment and Recovery Act of 2009, Pub. L. 111-5, the Governor of the State
shall certify that: 1) the state will request and use fluids provided by the Act; and 2) the funds
will be used to create jobs and promote economic growth.
Acceptance by State Legislature -- if funds provided to any State in any division of the Act
are not accepted for use by the Governor, then acceptance by the State legislature, by means
of the adoption of a concurrent resolution, shall be sufficient to provide funding to such
State.
Distribution -- After adoption of a State legislature's concurrent resolution, funding to the
State will be for distribution to local governments, councils of government, public entities,
and public -private entities within the State either by formula or at the State's discretion.
DE-EE0000963/000
of Fort Worth, TX
..Certifications
With respect to funds made available to State or local governments for infrastructure
investments under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, the
Governor, mayor, or other chief executive, as appropriate, certified by acceptance of this
award that the infrastructure investment has received the full review and vetting required by
law and that the chief executive accepts responsibility that the infrastructure investment is an
appropriate use of taxpayer dollars. Recipient shall provide an additional certification that
includes a description of the investment, the estimated total cost, and the amount of covered
funds to be used for posting on the Internet. A State or local agency may not receive
infrastructure investment funding from funds made available by the Act unless this
certification is made and posted.
OF TVU RECOVERY ACT
(a) This award requires the recipient to complete projects ox activities which are funded
under the American Recovery and Reinvestment Act of 2009 (Recovery Act) and to report
on use of Recovery Act funds provided through this award. Information from these reports
will be made available to the public.
(b} The reports are due no Later than ten calendar days after each calendar quarter in which
the Recipient receives the assistance award funded in whole or in part by the Recovery Act.
(c) Recipients and their first -tier subrecipients must maintain current registrations. in the
Central Contractor Registration (http://www. ecr.gov) at all times during which they have
active federal awards funded with Recovery Act funds. A Dun and Bradstreet Data Universal
Numbering System (DUNS) Number (http://www.dnb.com) is one of the requirements for
registration in the Central Contractor Registration.
(d} The recipient shall report the information described in section 1512(c} of the Recovery
Act using the reporting instructions and data elements that will be provided online at
httpa1www.Federa1Reporting.gov and ensure that any information that is pre -filled is
corrected or updated as needed.
16
DE-EE0000963/000
City of Fort Worth, TX
It is the sense %J the Congress that, to the greatest extent practicable, all equipment and
products purchased with funds made available under this award should be American -made.
Special Note: Definitization of the Provisions entitled, "REQUIRED USE OF AMERICAN
IRON, STEEL, AND MANUFACTURED GOODS — SECTION 1605 OF THE
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009" and "REQUIRED USE
OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS (COVERED UNDER
INTERNATIONAL AGREEMENTS) — SECTION 1605 OF THE AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009" will be done upon definition and
review of final activities.
ii`1 ON 6i OF . RECOVERY
REINVESTMENTOF It,
(a} Defznitions. As used in this award term and condition-�--
{1) Manufactured good means a good brought to the construction site for incorporation into
the building or work that has been—
(i) Processed into a specific form and shape; or
(ii) Combined wish other raw material to create a ma#erial that has different properties than
the properties of the individual raw materials.
(2) .Public building and public work means a public building of, and a public work of, a
governmental entity (the United States; the District of Columbia; commonwealths, territories,
and minor outlying islands of the United States; State and local governments; and multi-
state, regional, or interstate entities which have governmental functions). These buildings
and works may include, without limitation, bridges, dams, plants, highways, parkways,
streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators,
railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties,
breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of
such buildings and works.
(3) Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent
carbon, and may include other elements.
(b) Domestic preference. (1) This award term and condition implements Section 1605 of the
American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111-5), by
requiring that all iron, steel, and manufactured goods used in the project are produced in the
United States except as provided in paragraph (b)(3) and (b)(4) of this section and condition.
17
D&EE0000963/000
City of Fort Worth, TX
{2) This requirement does not apply to the material listed by the Federal Government as
follows:
To Be Determined
(3) The award official may add athex ixan, steel, and/or manufactured goods to the list in
paragraph (b)(2) of this section and condition if the Federal Government determines that —
,he cost of domestic iron, steel, or manufactured goods used in the project is unreasonable
when the cumulative cost of such material will increase the cost of the overall project by
more than 25 percent;
(ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United
States in sufficient and reasonably available quantities and of a satisfactory quality; or
{iii) The application of the restriction of section 1605 of the Recovery Act would be
inconsistent with the public interest.
(c) Request fot• determznation of inapplicability of Section 1605 of the Recovery Act . (1)(i)
Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance
with paragraph (b)(3) of this section shall include adequate information for Federal
Government evaluation of the request, including —
(A) A description of the foreign and domestic iron, steel, and/or manufactured goods;
(B} Unit ofineasuxe;
(C) Quantity;
NO
(E) Time of delivery or availability;
(F) Location of the project;
(G}Name and address of the pxoposed supplier; and
{H) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured
goods cited in accordance with paragraph (b}(3} of this section.
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and
a completed cost comparison table in the format in paragraph {d) of this section.
DME0000963/000
City of Fort Worth, TX
(iii) The cast of iron, steel, and/or manufactured goods material shall include all delivery
costs to the construction site and any applicable duty.
(iv} Any recipient request for a determination submitted after Recovery Act funds have been
obligated for a project for construction, alteration, maintenance, or repair shall explain why
the recipient could not reasonably foresee the need for such determination and could not have
requested the determination before the funds were obligated. If the recipient does not submit
a satisfactory explanation, the award official need not make a determination.
{2) If the Federal Government deternnes after funds have been obligated for a project far
construction, alteration, maintenance, or repair that an exception to section 1605 of the
Recovery Act applies, the award official will amend the award to allow use of the foreign
iron, steel, and/or relevant manufactured goods. When the basis for the exception is
nonavailability or public interest, the amended award shall reflect adjustment of the award
amount, redistribution of budgeted funds, and/or other actions taken to cover costs associated
with acquiring or using the foreign iron, steel, and/or relevant manufactured goods. When the
basis for the exception is the unreasonable cost of the domestic iron, steel, or manufactured
goods, the award official shall adjust the award amount or redistribute budgeted funds by at
least the differential established in 2 CFR 1764110(a).
(3) Unless the Federal Government determines that an exception to section 1605 of the
Recovery Act applies, use of foreign iron, steel, and/or manufactured goods is noncompliant
with section 1605 of the American Recovery and Reinvestment Act.
(d) Data. To permit evaluation of requests under paragraph {b) of this section based on
unreasonable cost, the Recipient shall include the following information and any applicable
supporting data based on the survey of suppliers.
Foreign and Domestic ftems Cost Comparison
Unit of
Cost
Description
measure
Quantity
(dollars)*
Item 1:
Foreign steel, iron, or
manufactured good
Domestic steel, iron, or
manufactured good
Item 2:
Foreign steel, iron, or
manufactured good
Domestic steel, iron, or
manufactured good
19
D&EE0000963/000
of Fort Worth, TX
List name, address, telephone number, email address, and contact for suppliers surveyed.
Attach copy of response; if oral, attach summary.
Include other applicable supporting information.
*Include all delivexy costs to the construction site.
1rGISITAIMMU41 i . +
(a) Definitions. As used in this award term and condition —
Designated country - (1) A World Trade Organization Government Procurement
Agreement country (Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic,
)enmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland,
Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania,
Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak
Republic, Slovenia, Spain, Sweden, Switzerland, and United Kingdom,
(2} A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Costa Rica,
Dominican Republic, El Salvador, Guatemala, Honduras, Israel, Mexico, Morocco,
Nicaragua, Oman, Peru, or Singapore); or
(3) A United States -European Communities Exchange of Letters (May 15, 1995} country:
Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France,
Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta,
Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, and
United Kingdom.
Designated country iron, steel, andlof• manufactured goods - (1) Is wholly the growth,
product, or manufacture ofa designated country; or
(2) In the case of a manufactured good that consist in whole or in part of materials from
another country, has been substantially transformed in a designated country into a new and
different manufactured good distinct from the materials from which it was transformed.
Domestic iron, steel, andlor manufactured good - {1} Is wholly the growth, product, or
manufacture of the United States; or
zo
DE-EE0000963/000
City of Fort Worth, TX
(2) In the case of a manufactured good that consists in whole or in part of materials from
another country, has been substantially transformed in the United States into a new and
dI
fferent manufactured good distinct from the materials from which it was transformed.
There is no requirement with regard to the origin of components or subcomponents in
manufactured goods or products, as long as the manufacture of the goods occurs in the
United States.
Foreign iron, steel, and/or manufactured good means iron, steel and/or manufactured gaod
that is not domestic or designated country iron, steel, and/or manufactured good.
Manufactured good means a good brought to the construction site for incorporation into the
building or work that has been—
(1} Processed into a specific form and shape; or
(2) Combined with other raw material to create a material that has different properties than
the properties of the individual raw materials.
Public building and public work means a public building of, and a public work of, a
governmental entity (the United States; the District of Columbia; commonwealths, territories,
and minor outlying islands of the United States; State and local governments; and multi
State, regional, or interstate entities which have governmental functions). These buildings
and works may include, without limitation, bridges, dams, plants, highways, parkways,
streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators,
railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties,
breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of
such buildings and works.
Steel means an alloy that includes at least SO percent iron, between .02 and 2 percent carbon,
and may include other elements.
{b} Iron, steel, and manufactured goods. (1) The award term and condition described in this
section implements—
(i) Section 1605(a) of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5)
(Recovery Act), by requiring that all iron, steel, and manufactured goods used in the project
are produced in the United States; and
21
D&EE0000963/000
City of Fort Worth, TX
(ii) Section 1605(d), which requires application of the Buy American requirement in a
manner consistent with U.S. obligations under international agreements. The restrictions of
section 1605 of the Recovery Act do not apply to designated country iron, steel, and/or
manufactured goods. The Buy American requirement in section 1605 shall not be applied
where the iron, steel or manufactured goods used in the project are from a Party to an
international agreement that obligates the recipient to treat the goods and services of that
Party the same as domestic goods and services. This obligation shall only apply to projects
with an estimated value of $7,443,000 or more.
(2} The recipient shall use only domestic or designated counhy iron, steel, and manufactured
goods in performing the work funded in whole or part with this award, except as provided in
paragraphs (b)(3) and (b)(4) of this section.
(3} The requirement in paragraph (b)(2} of this section does not apply to the iron, steel, and
manufactured goods listed by the Federal Government as follows:
To Be Determined
{4) The award official may add other iron, steel, and manufachued goods to the list in
paragraph (b)(3) of this section if the Federal Government determines that—
(i) The cost of domestic iron, steel, and/or. manufactured goods would be unreasonable. The
cost of domestic iron, steel, and/or manufactured goods used in the project is unreasonable
when the cumulative cost of such material will increase the overall cost of the project by
more than 25 percent;
{ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United
States in sufficient and reasonably available commercial quantities of a satisfactory quality;
or
(iii) The application of the restriction of section 1605 of the Recovery Act would be
inconsistent wish the public interest.
(c} Requestfor determination of inapplicability of section 1605 of the Recovery Act or the
Buy Ame�•ican Act. (1)(i) Any recipient request to use foreign iron, steel, and/or manufactured
goods in accordance with paragraph (b)(4) of this section shall include adequate information
for Federal Government evaluation of the request, includmg—
(A) A description of the foreign and domestic iron, steel, and/or manufactured goods;
(B) Unit of measure;
(C) Quantity;
(D) Cast;
zz
DE-EE0000963/000
City of Fort Worth, TX
(E) Time of delivery or availability;
(F) Location of the project;
(G} Name and address of the proposed supplier; and
(H} A detailed justification of the reason for use of foreign iron, steel, and/ox manufactured
goods cited in accordance with paragraph (b)(4) of this section.
(ii} A request based on unreasonable cost shall include a reasonable survey of the market and
a completed cost comparison table in the format in paragraph (d) of this section.
(iii) The cost of iron, steel, or manufactured goods shall include all delivery costs to the
construction site and any applicable duty.
{iv) Any recipient request for a determination submitted after Recavery Act funds have been
obligated for a project for construction, alteration, maintenance, or repair shall explain why
the recipient could not reasonably foresee the need for such determination and could not have
requested the determination before the funds were obligated. If the recipient does not submit
a satisfactory explanation, the award official need not make a determination.
{2) Ifthe Federal Government determines after funds have been obligated for a project for
construction, alteration, maintenance, or repair that an exception to section 160j of the
Recovery Act applies, the award official will amend the award to allow use of the foreign
iron, steel, and/or relevant manufactured goods. When the basis for the exception is
nonavailab ility or public interest, the amended award shall reflect adjustment of the award
amount, redistribution of budgeted funds, and/or other appropriate actions taken to cover
costs associated with acquiring or using the foreign iron, steel, and/or relevant manufactured
goods. When the basis for the exception is the unreasonable cost of the domestic iron, steel,
or manufactured goods, the award official shall adjust the award amount or redistribute
budgeted funds, as appropriate, by at least the differential established in 2 CFR 176.110(a).
(3) Unless the Federal Government determines that an exception to section 1605 of the
Recovery Act applies, use of foreign iron, steel, and/or manufactured goods other than
designated country iron, steel, and/or manufactured goods is noncompliant with the
applicable Act.
(d) Data. To permit evaluation of requests under paragraph (b) of this section based on
unreasonable cast, the applicant shall include the following information and any applicable
supporting data based on the survey of suppliers.
23
DE-EE0000963/000
City of Fort Worth, TX
n rnMM; r;r
Unit of
Cost
Description
measure
Quantity
(dollars)*
Item 1:
Foreign steel, iron, or
manufactured good
Domestic steel, iron, or
manufactured good
Itenz 2:
Foreign steel, iron, or
manufactured good
Domestic steel, iron, or
manufactured good
List name, address, telephone number, email address, and contact for suppliers surveyed.
Attach copy of response; if oral, attach summary.
Include other applicable supporting information.
*Include alI delivery costs to the construction site.
{a} Section 1606 of the Recovery Act requires that all laborers and miechanics employed by
contractors and subcontractors on projects funded directly by or assisted in whole or in part
by and through the Federal Government pursuant to the Recovery Act shall be paid wages at
rates not less than those prevailing on projects of a character similar in the locality as
determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title
40, United States Code.
Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the
Department of Labor has issued regulations at 29 CFR parts 1, 3, and 5 to implement the
Davis"Bacon and related Acts. Regulations in 29 CFR 5.5 instruct agencies concerning
application of the standard Davis�Bacon contract clauses set forth in that section. Federal
agencies providing grants, cooperative agreements, and loans under the Recovery Act shall
ensure that the standard Davis -Bacon contract clauses found in 29 CFR 5.5(a) are
incorporated in any resultant covered contracts that are in excess of $2,000 for construction,
alteration or repair (including painting and decorating).
24
DE-EE0000963(000
City of Fort Worth, TX
(b) For additional guidance on the wage rate requirements of section 1606, contact your
awarding agency. Recipients of grants, cooperative agreements and loans should direct their
initial inquiries concerning the application of Davis -Bacon requirements to a particular
federally assisted project to the Federal agency funding the project. The Secretary of Labor
retains final coverage authority under Reorganization Plan Number 14.
X34!2 0 U H a
(a) To maximize the transparency and accountability of funds authorized under the American
Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) as required by
Congress and in accordance with 2 CFR 215.21 "Uniform Administrative Requirements for
Grants and Agreements" and OMB Circular A-102 Common Rules provisions, recipients
agree to maintain records that identify adequately the source and application of Recovery Act
funds. OMB Circular A-102 is available at
http://www.Whitehouse. govlombleirculaislal02/al02, html.
(b) For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular
A-133, "Audits of States, Local Governments, and Non�Profit Organizations," recipients
agree to separately identify the expenditures for Federal awards under the Recovery Act on
the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF -
SAC) required by OMB Circular A-133.OMB Circular A-133 is available at
http.Ilwww.whitehouse.govlomblcircularslal33/a133.htm1. This shall be accomplished by
identifying expenditures for Federal awards made under the Recovery Act separately on the
SEFA, and as separate rows under Item 9 of Part III on the SF —SAC by CFDA number, and
inclusion of the prefix "ARRA-" in identifying the name of the Federal program on the
SEFA and as the first characters in Item 9d of Part III on the SF —SAC.
(c) Recipients agree to separately identify to each subrecipient, and document at the time of
subawaxd and at the time of disbursement of funds, the Federal award number, CFDA
number, and amount of Recovery Act funds. When a recipient awards Recovery Act funds
for an existing program, the information furnished to subrecipients shall distinguish the
subawards of incremental Recovery Act funds from regular subawards under the existing
program.
(d} Recipients agree to require their subrecipients to include on their SEFA information to
specifically identify Recovery Act funding similar to the requirements for the recipient SEFA
described above. This information is needed to allow the recipient to properly monitor
subrecipient expenditure of A.RRA funds as well as oversight by the Federal awarding
agencies, Offices of Inspector General and the Government Accountability Office.
25
DE-EE0000963I000
City of port Worth, TX
Note. Where necessary to make the context of these articles applicable to this award, the
term "Contractor" shall mean "Recipient" and the term "Subcontractor" shall mean
"Subrecipient or Subcontractor" per the following definitions.
Recipient means the organization, individual, or other entity that receives an award from
DOE and is financially accountable for the use of any DOE funds or property provided for
the performance of the project, and is legally responsible for carrying out the terms and
conditions of the award.
Subrecipient means the Legal entity to which a subaward is made and which is accountable to
the recipient for the use of the funds provided. The term may include foreign or international
organizations (such as agencies of the United Nations).
Davis -Bacon Act
(a) Definition. --"Site of the work"--
(1) Means--
(i) The primary site of fhe work. The physical place or places where the construction called
for in the award will remain when work on it is completed; and
(ii) The secondary site of the work, if any. Any other site where a significant portion of the
building or work is constructed, provided that such site is --
(A) Located in the United States; and
(B) Established specifically for the performance ofthe award orproject;
(Z) Except as provided in paragraph (3) of this definition, includes any fabrication plants,
mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., provided--
(i} They are dedicated exclusively, or nearly so, to performance of the award or project; and
(ii) They are adjacent or virtually adjacent to the "primary site of the work" as defined in
paragraph (a)(1){i), or the "secondary site of the work" as defined in paragraph (a)(1)(ii} of
this definition,
DE-EE0000963/000
City of Fort 'Worth, TX
(3) Does not include permanent home offices, branch plant establishments, fabrication plants,
or tool yards of a Contractor or subcontractor whose locations and continuance in operation
are determined wholly without regard to a particular Federal award or project. In addition,
fabrication plants, batch plants, borrow pits, job headquarters, yards, etc., of a commercial or
material supplier which are established by a supplier of materials for the project before
opening of bids and not on the Project site, are not included in the "site of the work." Such
permanent, previously established facilities are not a part of the "site of the work" even if the
operations for a period of time may be dedicated exclusively or nearly so, to the performance
of a award.
(b) (1) 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, or as may be incorporated for a
secondary site of the work, regardless of any contractual relationship which may be alleged
to exist between the Contractor and such laborers and mechanics. Any wage determination
incorporated for a secondary site of the work shall be effective from the first day on which
work under the award was performed at that site and shall be incorporated without any
adjustment in award price or estimated cost. Laborers employed by the construction
Contractor or construction subcontractor that are transporting portions of the building or
work between the secondary site of the work and the primary site of the work shall be paid in
accordance with the wage determination applicable to the primary site of the work.
(2) Contributions made or costs reasonably anticipated for bona fide fringe benefits under
section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered
wages paid to such laborers or mechanics, subject to the provisions of paragraph (e) of this
article; 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 period.
(3) Such laborers and mechanics shall be paid not less than the appropriate wage rate and
fringe benefits in the wage determination for the classification of work actually performed,
without regard to skill, except as provided in the article entitled Apprentices and Trainees.
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.
(4) The wage determination (including any additional classifications and wage rates
conformed under paragraph (c} of this article) and the Davis -Bacon 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.
27
DE-EE0000963/000
City of Fort Worth, TX
(c) {1) The Contracting Officer shall require that any class of laborers or mechanics which is
not listed in the wage determination and which is to be employed under the award shall be
classified in conformance with the wage determination. The Contracting Officer shall
approve an additional classification and wage rate and fringe benefits therefore only when all
the following criteria have been met:
(i) The work to be performed by the classification requested is not performed by a
classification in the wage determination.
(ii) The classification is utilized in the area by the construction industry.
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
(2) If the Contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives and the Contracting Officer agree on the classification and
wage rate (including the amount designated for fringe benefits, where appropriate), a report
of the action taken shall be sent by the Contracting Officer to the Administrator of the:
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor
Washington, DC 20210
The Administrator or an authorized representative will approve, modify, or disapprove every
additional classification action within 30 days of receipt and so advise the Contracting
Officer or will notify the Contracting Officer within the 30-day period that additional time is
necessary.
(3) In the event the Contractor, the laborers or mechanics to be employed in the
classification, or their representatives, and the Contracting Officer do not agree on the
proposed classification and wage rate (including the amount designated for fringe benefits,
where appropriate), the Contracting Officer shall refer the questions, including the views of
all interested parties and the recommendation of the Contracting Officer, to the Administrator
of the Wage and Hour Division for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise the
Contracting Officer or will notify the Contracting Officer within the 30-day period that
additional time is necessary.
(4} The wage rate (including fringe benefits, where appropriate) determined pursuant to
subparagraphs {c}(2) and (c)(3) of this article shall be paid to all workers performing work in
the classification under this award from the first day on which work is performed in the
classification.
r:
DE-EE0000963/000
City of Fort Worth, TX
(d) Whenever the minimum wage rate prescribed in the award 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.
(e) 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 Davis -Bacon 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.
Rates of Wages -Prior Approval for Proceeding with Davis -Bacon Construction Activities
If the Recipient determines at any time that any construction, alteration, or repair activity as
defined by 29 CFR 5.20) (http://cfr.vlex.com/vid/5-2-definitions-19681302) will be
performed during the course of the project, the Recipient shall request approval from the
Contracting Officer prior to commencing such work. If the Contracting Officer concurs with
the Recipient's determination, the Recipient must receive Contracting Officer approval to
proceed with such activity, and must comply with all applicable Davis -Bacon requirements,
prior to commencing such work. A modification to the award which incorporates the
appropriate Davis -Bacon wage rate determinations) will constitute the Contracting Officer's
approval to proceed. If the Contracting Officer does not eoncur with the Recipient's
determination, the Contracting Officer will so notify the Recipient in writing.
Page 1 of 2
DATE; Tuesday, May 26, 2009 REFERENCE NO.; C-23554
LOG NAME: 52RECOVERY ACT EECBG US DEPT ENERGY GRANT
SUBJECT:
Authorize the City Manager to Apply for and Accept, if Awarded, a $6,738,300.00 Grant from the United
States Department of Energy through the Energy Efficiency and Conservation Block Grant Formula
Program and Adopt Appropriation Ordinance
REG®MMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to apply far and accept, if awarded, a $6,738,300.00 Grant from the United
States Department of Energy through the Energy Efficiency and Conservation Block Grant Formula
Program; and
2. Adapt the attached appropriation ordinance increasing estima#ed receipts and appropriations in the
Grants Fund by $6,738,300.00, subject to receipt of the grant.
DISCUSSION:
The American Recovery and Reinvestment Act of 2009 made available federal stimulus funds for qualified
and accepted projects. Under this Act, the Energy Efficiency and Conservation Block Grant Program
(EECBG) provides grants to U.S. local governments, states, territories and Indian tribes, to fund projects
that reduce energy use and fossil fuel emissions, and that improve energy efficiency. The EECBG
Program represents a federal priority to deploy the cheapest, cleanest and fastest energy sources.
A total of $6,738,300.00 is available via formula funding to the City of Fort Worth. The formula for
determining allocations to cities is based on two weighted factors: resident and daytime (commuter)
population. The resident population factor receives a weight of approximately 70 percent, and the daytime
population factor receives a weight of approximately 30 percent. This accounts for the energy use of these
populations.
As stated in Informal Report 9047 (May 19, 2009), staff is proposing to spend the City's formula funding on
the following projects within these identified areas of focus. No matching funds are required.
® Planning and Strategy
. -City Building Facility Improvements -Portfolio Manager Benchmarking (EPA Energy Star) -
$250,000.00
- Implement the Fort Worth Sustainability Plan - $100,000.00
- Citywide Greenhouse Gas Inventory - $100,000400
® Lighting Improvements
-BRIT Parking lot improvements - EE/Solar Parking lot lighting - $150,000.00
- LED Lighting for City Parking Facilities
• Parking Lot Pilot (37) - $7001000.00
• Parking Garage Pilot (1) - $200,000.00
. Renewable Energy for Libraries and Community Centers
- Community Center Solar Water Heating (6) - $150,000.00
- Regional Library Solar Photo -Voltaic (2) - $750,000.00
http://apps.cfwnet.org/ecounciUprinimc.asp?id=11796&prini=true&DocType=Print 5/26/2009