HomeMy WebLinkAboutContract 40758CITY SECRPTIARY
CITY OF FORT WORTH, TEXAS CONTPACT
STANDARD AGREEMENT FOR ENGINEERING RELATED DESIGN SEIlVIC.' :8
This AGREEMENT is between the City of Fort Worth, a home -rule municipal
corporation situated in Tarrant, Denton, Parker and Wise Counties, Texas (the "CITY"), and
Kimle-Horn and Associates, Inc. (the "ENGINEER"), for a PROJFCT generally described as:
Bicycle Facility Pilot Program e American Recovery and Reinvestment Act Project.
Article
Scope of Services
A. The Scope of Services is set forth in Attachment A.
Article II
Cornpensation
A. The R's compensation is set forth in Attachment B.
Article III
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) The Engineer shall provide the City sufficient documentation, including but not
limited to meeting the requirements set forth in Attachment D to this
AGREEMrN I , to reasonably substantiate the invoices.
(2) The ENGINEER will issue monthly invoices for all work performed under this
AGRf OMEN I . Invoices are due and payable within 30 days of receipt.
(3) Upon completion of services enumerated in Article I, the final payment of any
balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested will
be withheld from payment, and the undisputed portion will be paid. The CITY
will exercise reasonableness in contesting any bill or portion thereof. No
interest will accrue on any contested portion of the billing until mutually
resolved.
(5) If the CITY fails to make payment in full to ENGINEER for billings contested in
good faith within 60 days of the amount due, the ENGINEER may, after giving 7
City of Fort Worth, Texas
Standard Agreement for Engineering Related Design Services
6.30.09
Page 1 of 15
U 9- 01- 'I o P n 4: U 0 I QEFICIALRECOR�I
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�"T.WORTH, TX
days' written notice to CITY, suspend services under this AGREEMENT until
paid in full. In the event of suspension of services, the ENGINEER shall have
no liability to CITY for delays or damages caused the CITY because of such
suspension of services.
Article IV
Obligations of the Engineer
Amendments to Article IV, if any, are included in Attachment C.
A. General
The ENGINEER will serve as the CITY's professional engineering
representative under this Agreement, providing professional engineering
consultation and advice and furnishing customary services incidental thereto.
B Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree
of skill and diligence normally employed in the State of Texas by professional
engineers or consultants performing the same or similar services at the time
such services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the CITY with regard to the necessity for
subcontract work such as special surveys, tests test borings, or other
subsurface investigations in connection with design and engineering work
to be performed hereunder. The ENGINEER shall also advise the CITY
concerning the results of same. Such surveys, tests, and investigations
shall be furnished by the CITY, unless otherwise specified in
Attachment A.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test
points and sample intervals and at locations other than where
observations, exploration and investigations have been made Because
of the inherent uncertainties in subsurface evaluations, changed or
unanticipated underground conditions may occur that could affect the
total PROJECT cost and/or execution. These conditions and
cost/execution effects are not the responsibility of the ENGINEER.
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Preparation of Engineering Drawings
The ENGINEER will provide to the CITY the original drawings of all plans in ink
on reproducible mylar sheets and electronic files in pdf format, or as otherwise
approved by CITY, which shall become the property of the CITY. CITY may
use such drawings in any manner it desires; provided, however, that the
ENGINEER shall not be liable for the use of such drawings for any project other
than the PROJECT described herein.
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on -site representatives or otherwise, do not make the ENGINEER
or its personnel in any way responsible for those duties that belong to the CITY
and/or the CITY's construction contractors or other entities, and do not relieve
the construction contractors or any other entity of their obligations, duties, and
responsibilities, including, but not limited to, all construction methods, means,
techniques, sequences, and procedures necessary for coordinating and
completing all portions of the construction work in accordance with the Contract
Documents and any health or safety precautions required by such construction
work. The ENGINEER and its personnel have no authority to exercise any
control over any construction contractor or other entity or their employees in
connection with their work or any health or safety precautions.
(2) Except to the extent of specific site visits expressly detailed and set forth in
Attachment A, the ENGINEER or its personnel shall have no obligation or
responsibility to visit the construction site to become familiar with the progress
or quality of the completed work on the PROJECT or to determine, in general, if
the work on the PROJECT is being performed in a manner indicating that the
PROJECT, when completed, will be in accordance with the Contract
Documents, nor shall anything in the Contract Documents or the agreement
between CITY and ENGINEER be construed as requiring ENGINEER to make
exhaustive or continuous on -site inspections to discover latent defects in the
work or otherwise check the quality or quantity of the work on the PROJECT. If
the ENGINEER makes on -site observation(s) of a deviation from the Contract
Documents, the ENGINEER shall inform the CITY.
(3)
When professional certification of performance or characteristics of materials
systems or equipment is reasonably required to perform the services set forth in
the Scope of Services, the ENGINEER shall be entitled to rely upon such
certification to establish materials, systems or equipment and performance
criteria to be required in the Contract Documents.
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F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1) The ENGINEER shall provide opinions of probable costs based on the
current available information at the time of preparation, in accordance with
Attachment A.
(2) In providing opinions of cost, financial analyses, economic feasibility
projections, and schedules for the PROJECT, the ENGINEER has no
control over cost or price of labor and materials; unknown or latent
conditions of existing equipment or structures that may affect operation or
maintenance costs competitive bidding procedures and market
conditions; time or quality of performance by third parties; quality, type,
management, or direction of operating personnel and other economic and
operational factors that may materially affect the ultimate PROJECT cost
or schedule. Therefore, the ENGINEER makes no warranty that the
CITY's actual PROJECT costs, financial aspects, economic feasibility, or
schedules will not vary from the ENGINEER's opinions, analyses,
projections, or estimates.
G. Construction Progress Payments
Recommendations by the ENGINEER to the CITY for periodic construction
progress payments to the construction contractor will be based on the
ENGINEER's knowledge, information, and belief from selective sampling and
observation that the work has progressed to the point indicated. Such
recommendations do not represent that continuous or detailed examinations
have been made by the ENGINEER to ascertain that the construction
contractor has completed the work in exact accordance with the Contract
Documents; that the final work will be acceptable in all respects that the
ENGINEER has made an examination to ascertain how or for what purpose the
construction contractor has used the moneys paid; that title to any of the work,
materials, or equipment has passed to the CITY free and clear of liens, claims,
security interests, or encumbrances or that there are not other matters at issue
between the CITY and the construction contractor that affect the amount that
should be paid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, on the basis of
information compiled and furnished by others, and may not always represent
the exact location type of various components or exact manner in which the
PROJECT was finally constructed. The ENGINEER is not responsible for any
errors or omissions in the information from others that is incorporated into the
record drawings.
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I. Minority and Woman Business Enterprise (M/WBE) Participation
In accord with City of Fort Worth Ordinance No. 15530, the City has goals for
the participation of minonty business enterprises and woman business
enterprises in City contracts. Engineer acknowledges the M/WBE goal
established for this contract and its commitment to meet that goal. Any
misrepresentation of facts (other than a negligent misrepresentation) and/or the
commission of fraud by the Engineer may result in the termination of this
agreement and debarment from participating in City contracts for a period of
time of not less than three (3) years.
J. Right to Audit
(1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after
final payment under this contract, have access to and the right to examine and
photocopy any directly pertinent books documents, papers and records of the
ENGINEER involving transactions relating to this contract ENGINEER agrees
that the CITY shall have access during normal working hours to all necessary
ENGINEER facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this
section. The CITY shall give ENGINEER reasonable advance notice of
intended audits.
(2) ENGINEER further agrees to include in all its subconsultant agreements
hereunder a provision to the effect that the subconsultant agrees that the CITY
shall, until the expiration of five (5) years after final payment under the
subcontract, have access to and the right to examine and photocopy any
directly pertinent books, documents, papers and records of such subconsultant,
involving transactions to the subcontract, and further that the CITY shall have
access during normal working hours to all subconsultant facilities, and shall be
provided adequate and appropriate work space, in order to conduct audits in
compliance with the provisions of this article together with subsection (3) hereof.
CITY shall give subconsultant reasonable advance notice of intended audits.
(3)
ENGINEER and subconsultant agree to photocopy such documents as may be
requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost
of copies at the rate published in the Texas Administrative Code in effect as of
the time copying is performed.
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K. INSURANCE
(1) ENGINEER'S INSURANCE
a. Commercial General Liability — the ENGINEER shall maintain commercial
general liability (CGL) and, if necessary, commercial umbrella insurance
with a limit of not less than $1,000,000.00 per each occurrence with a
$2,000,000.00 aggregate. If such Commercial General Liability insurance
contains a general aggregate limit, it shall apply separately to this PROJECT
or location.
i. The CITY shall be included as an insured under the CGL, using ISO
additional insured endorsement or a substitute providing equivalent
coverage, and under the commercial umbrella, if any. This insurance
shall apply as primary insurance with respect to any other insurance
or self-insurance programs afforded to the CITY. The Commercial
General Liability insurance policy shall have no exclusions by
endorsements that would alter or nullify: premises/operations,
products/completed operations, contractual, personal injury, or
advertizing injury which are normally contained within the policy,
unless the CITY approves such exclusions in writing.
ii ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the commercial general liability
or commercial umbrella liability insurance maintained in accordance
with this agreement.
b Business Auto — the ENGINEER shall maintain business auto liability and, if
necessary, commercial umbrella liability insurance with a limit of not less
than $1,000,000 each accident Such insurance shall cover liability arising
out of any auto', including owned, hired, and non -owned autos, when said
vehicle is used in the course of the PROJECT If the engineer owns no
vehicles, coverage for hired or non -owned is acceptable.
ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by the business auto liability or
commercial umbrella liability insurance obtained by ENGINEER
pursuant to this agreement or under any applicable auto physical
damage coverage.
c. Workers' Compensation —ENGINEER shall maintain workers compensation
and employers liability insurance and, if necessary commercial umbrella
liability insurance with a limit of not less than $100,000.00 each accident for
bodily injury by accident or $100 000.00 each employee for bodily injury by
disease, with $500,000.00 policy limit.
City of Fort Worth, Texas
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ENGINEER waives all rights against the CITY and its agents,
officers, directors and employees for recovery of damages to the
extent these damages are covered by workers compensation and
employer's liability or commercial umbrella insurance obtained by
ENGINEER pursuant to this agreement.
d. Professional Liability — the ENGINEER shall maintain professional liability a
claims -made policy, with a minimum of $1,000,000.00 per claim and
aggregate The policy shall contain a retroactive date prior to the date of the
contract or the first date of services to be performed, whichever is earlier.
Coverage shall be maintained for a period of 5 years following the
completion of the contract. An annual certificate of insurance specifically
referencing this project shall be submitted to the CITY for each year
following completion of the contract.
(2) GENERAL INSURANCE REQUIREMENTS
a. Certificates of insurance evidencing that the ENGINEER has obtained all
required insurance shall be delivered to the CITY prior to ENGINEER
proceeding with the PROJECT.
b. Applicable policies shall be endorsed to name the CITY an Additional
Insured thereon, as its interests may appear. The term CITY shall include
its employees, officers, officials, agents, and volunteers as respects the
contracted services.
c. Certificate(s) of insurance shall document that insurance coverage specified
in this agreement are provided under applicable policies documented
thereon.
d. Any failure on part of the CITY to request required insurance documentation
shall not constitute a waiver of the insurance requirements.
e. A minimum of thirty (30) days notice of cancellation or material change in
coverage shall be provided to the CITY. A ten (10) days notice shall be
acceptable in the event of non-payment of premium Such terms shall be
endorsed onto ENGINEER's insurance policies. Notice shall be sent to the
respective Department Director (by name), City of Fort Worth, 1000
Throckmorton, Fort Worth, Texas 76102.
f Insurers for all policies must be authorized to do business in the State of
Texas and have a minimum rating of A:V or greater, in the current A M. Best
Key Rating Guide or have reasonably equivalent financial strength and
solvency to the satisfaction of Risk Management.
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g. Any deductible or self insured retention in excess of $25,000 00 that would
change or alter the requirements herein is subject to approval by the CITY in
writing, if coverage is not provided on a first -dollar basis. The CITY, at it sole
discretion, may consent to alternative coverage maintained through
insurance pools or risk retention groups. Dedicated financial resources or
letters of credit may also be acceptable to the CITY.
h. Applicable policies shall each be endorsed with a waiver of subrogation in
favor of the CITY as respects the PROJECT.
i. The CITY shall be entitled, upon its request and without incurring expense,
to review the ENGINEER's insurance policies including endorsements
thereto and, at the CITY's discretion; the ENGINEER may be required to
provide proof of insurance premium payments.
is
Lines of coverage, other than Professional Liability, underwntten on a
claims -made basis, shall contain a retroactive date coincident with or prior to
the date of the contractual agreement. The certificate of insurance shall
state both the retroactive date and that the coverage is claims -made.
k. Coverages whether written on an occurrence or claims -made basis, shall
be maintained without interruption nor restrictive modification or changes
from date of commencement of the PROJECT until final payment and
termination of any coverage required to be maintained after final payments.
The CITY shall not be responsible for the direct payment of any insurance
premiums required by this agreement.
m. Sub consultants and subcontractors to/of the ENGINEER shall be required
by the ENGINEER to maintain the same or reasonably equivalent insurance
coverage as required for the ENGINEER When sub
consultants/subcontractors maintain insurance coverage, ENGINEER shall
provide CITY with documentation thereof on a certificate of insurance.
L. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant
and not as a subcontractor, agent, or employee of the CITY.
M. Disclosure
The ENGINEER acknowledges to the CITY that it has made full disclosure in
writing of any existing conflicts of interest or potential conflicts of interest,
including personal financial interest, direct or indirect, in property abutting the
proposed PROJECT and business relationships with abutting property cities.
The ENGINEER further acknowledges that it will make disclosure in writing of
City of Fort Worth, Texas
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any conflicts of interest that develop subsequent to the signing of this contract
and prior to final payment under the contract
N. Asbestos or Hazardous Substances
(1) If asbestos or hazardous substances in any form are encountered or
suspected, the ENGINEER will stop its own work in the affected portions of
the PROJECT to permit testing and evaluation.
(2) If asbestos or other hazardous substances are suspected, the CITY may
request the ENGINEER to assist in obtaining the services of a qualified
subcontractor to manage the remediation activities of the PROJECT.
O. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published
design criteria and/or current engineering practice standards which the
ENGINEER should have been aware of at the time this Agreement was
executed, the ENGINEER shall revise plans and specifications as required, at
its own cost and expense. However, if design changes are required due to the
changes in the permitting authorities' published design criteria and/or practice
standards criteria which are published after the date of this Agreement which
the ENGINEER could not have been reasonably aware of, the ENGINEER shall
notify the CITY of such changes and an adjustment in compensation will be
made through an amendment to this AGREEMENT.
P. Schedule
ENGINEER shall manage the PROJECT in accordance with the schedule
developed per Attachment D to this AGREEMENT.
Article V
Obligations of the City
Amendments to Article V, if any, are included in Attachment C.
A. City -Furnished Data
ENGINEER may rely upon the accuracy, timeliness, and completeness of the
information provided by the CITY.
B Access to Facilities and Property
The CITY will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services. The CITY will perform, at no cost to
City of Fort Worth, Texas
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the ENGINEER, such tests of equipment, machinery, pipelines, and other
components of the CITY's facilities as may be required in connection with the
ENGINEER's services. The CITY will be responsible for all acts of the CITY's
personnel.
C. Advertisements, Permits, and Access
Unless otherwise agreed to in the Scope of Services, the CITY will obtain,
arrange, and pay for all advertisements for bids; permits and licenses required
by local, state, or federal authorities and land, easements, rights -of -way, and
access necessary for the ENGINEER's services or PROJECT construction.
D. Timely Review
The CITY will examine the ENGINEER's studies, reports, sketches, drawings
specifications, proposals, and other documents; obtain advice of an attorney,
insurance counselor, accountant, auditor, bond and financial advisors, and
other consultants as the CITY deems appropriate; and render in writing
decisions required by the CITY in a timely manner in accordance with the
project schedule prepared in accordance with Attachment D
E. Prompt Notice
The CITY will give prompt written notice to the ENGINEER whenever CITY
observes or becomes aware of any development that affects the scope or
timing of the ENGINEER's services or of any defect in the work of the
ENGINEER or construction contractors.
F. Asbestos or Hazardous Substances Release.
(1) CITY acknowledges ENGINEER will perform part of the work at CITY's
facilities that may contain hazardous materials including asbestos
containing materials, or conditions, and that ENGINEER had no prior role
in the generation, treatment, storage, or disposition of such materials. In
consideration of the associated risks that may give rise to claims by third
parties or employees of City, City hereby releases ENGINEER from any
damage or liability related to the presence of such materials.
(2) The release required above shall not apply in the event the discharge,
release or escape of hazardous substances, contaminants, or asbestos is a
result of ENGINEER's negligence or if ENGINEER bnngs such hazardous
substance, contaminant or asbestos onto the project.
G. Contractor Indemnification and Claims
The CITY agrees to include in all construction contracts the provisions of Article
IV E regarding the ENGINEER's Personnel at Construction Site, and provisions
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providing contractor indemnification of the CITY and the ENGINEER for
contractor's negligence.
H. Contractor Claims and Third -Party Beneficiaries
(1) The CITY agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
"Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees,
and subcontractors, for any claim arising out of, in connection
with, or resulting from the engineering services performed.
Only the CITY will be the beneficiary of any undertaking by the
ENGINEER "
(2) This AGREEMENT gives no rights or benefits to anyone other than the CITY
and the ENGINEER and there are no third -party beneficiaries.
(3)
The CITY will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall
have no third -party beneficiary rights under this Agreement.
(4) Nothing contained in this section V.H. shall be construed as a waiver of any
right the CITY has to bring a claim against ENGINEER
I. CITY's Insurance
(1) The CITY may maintain property insurance on certain pre-existing structures
associated with the PROJECT.
(2) The CITY will ensure that Builders Risk/Installation insurance is maintained at
the replacement cost value of the PROJECT. The CITY may provide
ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3)
The CITY will specify that the Builders Risk/Installation insurance shall be
comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or
requested assistance to support prepare, document, bring, defend, or assist in
litigation undertaken or defended by the CITY. In the event CITY requests such
services of the ENGINEER, this AGREEMENT shall be amended or a separate
agreement will be negotiated between the parties.
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K. Changes
The CITY may make or approve changes within the general Scope of Services
in this AGREEMENT. If such changes affect the ENGINEER's cost of or time
required for performance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT with appropriate CITY approval.
Article VI
General Legal Provisions
Amendments to Article VI, if any, are included in Attachment C.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt
of a written Notice to Proceed from the CITY.
B Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of
the ENGINEER, whether in hard copy or in electronic form, are instruments of
service for this PROJECT, whether the PROJECT is completed or not. Reuse,
change, or alteration by the CITY or by others acting through or on behalf of the
CITY of any such instruments of service without the written permission of the
ENGINEER will be at the CITY's sole risk. The CITY shall own the final
designs, drawings, specifications and documents.
C. Force Majeure
The ENGINEER is not responsible for damages or delay in performance
caused by acts of God, strikes lockouts, accidents, or other events beyond the
control of the ENGINEER that prevent ENGINEER s performance of its
obligations hereunder.
D Termination
(1) This AGREEMENT may be terminated only by the City for convenience on
30 days' written notice. This AGREEMENT may be terminated by either the
CITY or the ENGINEER for cause if either party fails substantially to perform
through no fault of the other and does not commence correction of such
nonperformance with in 5 days of written notice and diligently complete the
correction thereafter.
(2) If this AGREEMENT is terminated for the convenience of the City, the
ENGINEER will be paid for termination expenses as follows:
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(3)
a.) Cost of reproduction of partial or complete studies, plans, specifications
or other forms of ENGINEER'S work product;
b.) Out-of-pocket expenses for purchasing electronic data files and other
data storage supplies or services;
c.) The time requirements for the ENGINEER'S personnel to document the
work underway at the time of the CITY'S termination for convenience so
that the work effort is suitable for long time storage.
Prior to proceeding with termination services, the ENGINEER will submit to the
CITY an itemized statement of all termination expenses. The CITY'S approval
will be obtained in wnting prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The CITY may suspend, delay, or interrupt the services of the ENGINEER for
the convenience of the CITY. In the event of such suspension, delay, or
interruption, an equitable adjustment in the PROJECTs schedule, commitment
and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's
compensation will be made.
F. Indemnification
In accordance with Texas Local Government Code Section 271.904, the
ENGINEER shall indemnify, hold harmless and defend the CITY against
liability for any damage caused by or resulting from an act of negligence,
intentional tort, intellectual property infringement, or failure to pay a
subcontractor or supplier committed by the ENGINEER or ENGINEER's agent,
consultant under contract, or another entity over which the ENGINEER
exercises control.
G. Assignment
Neither party shall assign all or any part of this AGREEMENT without the prior
written consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business
understandings between the parties and shall apply to all the different theories
of recovery, including breach of contract or warranty, tort including negligence,
strict or statutory liability or any other cause of action, except for willful
misconduct or gross negligence for limitations of liability and sole negligence for
indemnification. Parties mean the CITY and the ENGINEER, and their officers,
employees, agents, and subcontractors.
City of Fort Worth, Texas
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I. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it The venue
for any litigation related to this AGREEMENT shall be Tarrant County, Texas.
J. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason
to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or
unenforceability will not affect any other provision, and this AGREEMENT shall
be construed as if such invalid, illegal, or unenforceable provision had never
been contained herein. Articles V F , VI B , VI.D., VI.F., VI.H., and VI.I. shall
survive termination of this AGREEMENT for any cause.
K. Observe and Comply
ENGINEER shall at all times observe and comply with all federal and State laws
and regulations and with all City ordinances and regulations which in any way
affect this AGREEMENT and the work hereunder, and shall observe and
comply with all orders, laws ordinances and regulations which may exist or may
be enacted later by governing bodies having jurisdiction or authority for such
enactment No plea of misunderstanding or ignorance thereof shall be
considered ENGINEER agrees to defend, indemnify and hold harmless CITY
and all of its officers, agents and employees from and against all claims or
liability arising out of the violation of any such order, law, ordinance, or
regulation, whether it be by itself or its employees.
City of Fort Worth, Texas
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6.30.09
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Assistant City Attorney
AT EST:
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City of Fort Worth, Texas
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6.30.09
Page 15 of 15
xecuted this the
ATTEST:
Article VII
Attachments, Schedules, and Signatures
This AGRI`.EMENT, including its attachments and schedules, constitutes the entire
AGREFMrNT, supersedes all prior written or oral understandings, and may only be
changed by a written amendment executed by both parties. The following attachments and
schedules are hereby made a part of this AGRrEMFNT:
Attachment A e Scope of Services
Attachment B m Compensation
Attachment C e Amendments to Standard Agreement for Engineering Services
Attachment D o Project Schedule
Attachment E Location Map
day of
20( b.
CITY OF FORT WORTH
7 By: 4
Marty Hendrix a� a o eFernando Costa
CitySecretaryao°\Zq- ;7Ytt CityMana er
., g
TOOA ° ,,,Cli\-d cc"? 41'0
FOR A CEGBAYIAPPROVAL- RECOMMENDED
e4( g
APPROVED AS illl qD _-_-
, ,,,/ XAS --Ner
Amy Ramse yt Sdsarr Alanis
Director, Planning & Development
KIMLEY-HORN AND ASSOCIATFS, INC.
Byx•
Glenn A. Gary
Senior Vice President
OFFICIAL RECORD
CITY SECRETARY
FT WORTH: TX
ATTACHMENT "A"
SCOPE OF SERVICES
BICYCLE FACILITY PILOT PROGRAM
AMERICAN RECOVERY AND REINVESTMENT ACT PROJECT
FORT WORTH, TEXAS
P ROJECT UNDERSTANDING
The ENGINEER understands the CITY has an adopted Bike Fort Worth plan. As a first
step to the implementation of the Bike Fort Worth plan, the CITY has received a grant from
the Department of Energy's Energy Efficiency and Conservation Block Grant (EECBG)
P rogram for the construction of bicycle pathways signs and markings and bicycle racks
and shelters. The scope of services delineated in this Attachment "A" does not include
any tasks that will be performed by laborers and mechanics. Accordingly, the
requirements as specified in Attachment "F" when utilizing laborers and mechanics will
not be applicable to the professional services delineated herein since no laborers and
mechanics shall be utilized in providing the services.
The ENGINEER understands the pilot project area identified is bordered by IH-30, Forest
Park Boulevard and the railroad. The following sections for roadways have been identified
on the Bike Fort Worth plan:
• 5th Street - Forest Park Boulevard to 4th Street;
• 7th Street - Forest Park Boulevard (Trinity River Bridge) to Houston Street;
• 10th Street — Summit Avenue to Throckmorton Street,
• 9th Street — Throckmorton Street to Jones Street (under construction);
• Texas Street — Summit Avenue to Throckmorton;
• Lancaster Avenue — Jennings Street to Jones Street;
• 4th Street — 7th Street to Grove Street;
• 3rd Street — Henderson Street (SH 199) to Railroad;
• 2nd Street — Henderson Street to Burnett Street / Throckmorton Street to Grove Street;
• Weatherford St. — Taylor Street to Houston Street;
• Belknap Street — Burnett Street to Houston Street;
• 1st Street — Grove Street to EIm Street;
• Bluff Street — Grove Street to EIm Street;
• Summit Avenue — IH-30 Westbound Frontage Road to 5th Street;
• Henderson Street — 3rd Street to Bluff Street;
• Burnett Street — 4th Street to Belknap Street;
• Cherry Street — 10th Street to 7th Street;
• Lamar Street — Lancaster Avenue to 10th Street;
• Taylor Street — 7th Street to Belknap Street;
• Jennings Street — Railroad to 10th Street;
• Throckmorton Street — Belknap Street to Lancaster Avenue;
• Houston Street — Belknap Street to 9th Street;
• Commerce Street — Belknap Street to 4th Street / 9th Street to Lancaster Avenue;
• Calhoun Street — 3`d Street to 9th Street;
• Jones Street — 3`d Street to Lancaster Avenue; and
• Grove Street — 1st Street to 4th Street.
This ENGINEER understands this project consists of the design for signage and pavement
markings depicting on -street bicycle route or lanes with supporting directional signage
consistent with the bikeway recommendations of the Bike Fort Worth plan. The
ENGINEER understands this project consists of decided upon location and type of bicycle
parking racks and/or covered bicycle shelters locations in the City of Fort Worth right-of-
way or in easements on private right-of-way, consistent with the bikeway
recommendations of the Bike Fort Worth plan.
The ENGINEER understands the CITY plans to compile the bidding package to include
the on -street bicycle route or lane improvements and the installation of bicycle parking
racks and/or covered bicycle shelters. The ENGINEER will utilize BuzzSaw for
preparation and advertising of the bidding package
This scope of services does not include effort for developing an environmental
assessment or coordination with the Texas Department of Transportation (TxDOT).
SCOPE OF SERVICES
If services beyond those defined in this scope are required, the CITY and the ENGINEER
shall attempt to negotiate a written amendment to this Agreement. The ENGINEER shall
not proceed with work on any additional services prior to the CITY and ENGINEER
executing a written amendment. The Scope of Services includes the following primary
tasks.
The ENGINEER is only responsible for those professional services that can be
completed within the maximum contract amount specified in Attachment "B"
(Compensation). If the CITY requests the ENGINEER to provide services that exceed
the maximum contract amount specified in Attachment 'B' or extend beyond the
schedule specified in Attachment "D' an equitable adjustment will be made through an
amendment to this AGREEMENT with appropriate CITY approval
Task 1 — Data Collection and Verification of Existing Plan
The CITY will provide the ENGINEER with the following documents/information:
• Bike Fort Worth plan;
• Current Fort Worth bicycle details and specifications (if available);
• Record drawings for projects identified (if available);
• City Contacts — The CITY will provide contact information for the applicable CITY
staff to be involved with the Bike Fort Worth plan; and
• Overlay / reconstruction schedule for downtown.
The CITY will provide the ENGINEER the most current ArcGIS shapefiles and layerfiles
for the following datasets (NAD 83 State Plane, North Central Texas Zone coordinates):
• Bike Fort Worth plan;
• EECBG Project Limits; and
• Most recent digital orthophotograph (DOQ) of downtown Fort Worth.
Prior to our evaluation, the ENGINEER will conduct field survey measurements for each
of the roadways identified in the Project Understanding.
The ENGINEER will prepare for and attend a field verification meeting following Task 1.2.
The meeting with consist of riding and evaluating the proposed bicycle network
Task 2 — Public Involvement
It is anticipated that ENGINEER will prepare for and attend up to eight (8) meetings
during the public involvement process. These anticipated meetings are as follows:
• Prepare for and attend three (3) meetings with the Downtown Bicycle Task Force
Committee. One meeting will be focused on input for bicycle commuting pathway
signs and markings. One meeting will be focused on input for bicycle commuting
racks and one proposed shelter One meeting will present preliminary plans.
• Prepare for and attend four (4) meetings to obtain public input. One meeting will be
held during an advertised public meeting held during business hours One meeting will
be an advertised public meeting held during non -business hours. One meeting will be
an in -field survey at the Intermodal Transportation Center (ITC). One meeting will be
with the Fort Worth Police Department Bicycle Patrol.
Prepare for and attend one advertised stakeholder (1) public meeting.
Task 3 — Prioritization
The ENGINEER will prepare a prioritization of bicycle routes and bicycle parking location
based on the input received in Task 2. This prioritization will be based on High, Medium,
and Low categorization.
Task 4 — Details and Specifications
The ENGINEER will review available similar bicycle striping and signage and bicycle
parking details from up to three (3) municipalities.
The ENGINEER will prepare the technical specifications for up to two (2) recommended
bicycle parking rack facilities.
The ENGINEER will prepare standard detail sheets for pavement markings and parking
rack facilities in accordance with the following guidelines:
• Electronic drawings will be in either AutoCAD or Microstation format and conform to
CITY drafting standards.
• The ENGINEER anticipates that the standard details will require up to two (2) sheets
for the standard pavement markings.
• The ENGINEER anticipates that the standard details will require up to two (2) sheets
per bicycle parking rack facility.
• The ENGINEER will incorporate CITY comments that are agreed upon at the review
meeting into the final standard sheets.
• The standard sheets will contain construction details and design information
necessary to install appropriate striping.
The ENGINEER will prepare and attend up to two (2) meetings with this task. It is
anticipated one of these meetings will be an educational seminar for City Staff.
Task 5 — Design
P reliminary (60%) Design
U sing the information collected during Task 1 the ENGINEER will create electronic base
files, and prepare preliminary designs for the bicycle route signing and marking plans
based on schematic field survey for the project corridors identified in the Project
U nderstanding The ENGINEER will create a location map for the proposed bicycle
parking and bicycle shelter
The bicycle route signing and pavement marking plans will generally include:
• Existing marking and/or marker removal (as needed);
• Proposed bike route signing* and
• Proposed bike route pavement markings.
For each corridor, all recommended improvements will be done on existing pavement
based on field survey schematics. This project does not include any widening or curb
relocations.
The bicycle parking plans will generally include:
• Location of proposed bicycle parking facilities and parking shelter (if applicable).
The ENGINEER will utilize the following design guidelines:
• City design standards;
• AASHTO's Guide for the Development of Bicycle Facilities;
• Texas Manual on Uniform Traffic Control Devices (TMUTCD); and
• Texas Department of Transportation standards.
Following completion of the preliminary design, the ENGINEER will meet with the CITY to
review and discuss the preliminary design. The ENGINEER will revise the preliminary
design based on CITY comments.
Following this review meeting with the CITY, the ENGINEER will conduct a public meeting
with the stakeholders (included in Task 2) to review and discuss the preliminary design.
Draft Final (90%) Design
The ENGINEER will incorporate comments received during the Task 2 public meeting and
preliminary design review, and submit to the CITY draft final plans (90%) for the bicycle
route improvements for the Bike Fort Worth plan (1 — PDF electronic copy; 3 —11" x 17"
paper copies) The draft final plan deliverables will include:
® Title Sheet
® Estimate Summary Sheet
® Signs and Markings Layout showing removing of necessary existing signs, proposed
signs, existing striping, proposed striping, pavement markings summary chart, sign
summary chart, and general notes.
® Pavement Markings Standard Detail Sheets
® Bike Route Standard Details Sheets (if applicable)
The ENGINEER will prepare and submit the quantity estimates and engineer s opinion of
probable construction cost (OPCC) spreadsheets prepared in Microsoft Excel for the
project.
The ENGINEER will meet with the CITY to discuss any comments on the draft final
design.
Final Design
The ENGINEER will incorporate comments received from the CITY's draft final plan
review (1 — PDF electronic copy; 3 —11" x 17" paper copies). The final plan deliverables
will include the same items from Draft Final (90%) Design.
The ENGINEER will provide the CITY a CD of the electronic Microstation project files,
quantity estimates, and engineer's opinion of probable construction cost for the project.
Task 6 — Bidding and Construction Phase Services
The ENGINEER will obtain hard copies and electronic copies of the CITY's current
Transportation / Public Works (T/PW) construction Contract Documents.
The ENGINEER will prepare and submit the Notice to Bidders to the CITY for advertising.
The ENGINEER will respond to Contractor's questions and issue addenda as required.
The ENGINEER will prepare for and conduct one Pre -Construction Conference prior to
commencement of work
The ENGINEER will assist the CITY in selection of the subcontractors according to the
Davis Bacon act and verify the current DOL prevailing wage rate is in compliance for
subcontractors who will be doing the construction.
ATTACHMENT "B"
COMPENSATION
BICYCLE FACILITY PILOT PROGRAM
AMERICAN RECOVERY AND REINVESTMENT ACT PROJECT
FORT WORTH, TEXAS
PROFESSIONAL ENGINEERING SERVICES
For all professional engineering services included in ATTACHMENT "A' (Scope of
Services, Bicycle Facility Pilot Program), the CITY agrees to pay the ENGINEER a
lump sum fee of $126,975.
II BASIS FOR COMPENSATION
The CITY shall compensate the ENGINEER for the professional engineering
services included in ATTACHMENT "A" on a lump sum fee basis. The lump sum fee
includes labor costs and direct expenses identified in this contract, as well as items
such as in-house duplicating, printing, facsimile, local mileage telephone, postage,
and computer expenses.
The ENGINEER shall be paid monthly based on statements submitted to the CITY
for the work accomplished during the preceding month. Monthly statements for lump
sum services will be based upon a reasonable estimation of percent complete.
EXHIBIT "B-1"
M/WBE SUMMARY
BICYCLE FACILITY PILOT PROGRAM
AMERICAN RECOVERY AND REINVESTMENT ACT PROJECT
Task Description
Fee
M/WBE
(%)
Task 1 — Data Collection and Verification of Existing Plan
Task 2 — Public Involvement
Task 3 — Prioritization
Task 4 — Details and Specifications
Task 5 — Design
Task 6 — Bidding and Construction Phase Services
$14,000
$9,500
$3,000
$9,485
(9.3%)
$10,230 (10.0%)
(0.0%)
$14,000 $2,860 (2.8%)
$59,500 $2,400 (2.4%)
$2,000
Total Project
M/WBE Subconsultant
$102,000 $24,975 (24.5%)
Services Fee
Bowman -Melton Associates, Inc.
See Above Tasks $24,975
Total $24,975
This attachment is provided for informational purposes only to show the projected plan to
meet the M/WBE goal of 15.0%. The actual dollars paid by the ENGINEER to M/WBE
subconsultants may vary for each task as well as for each subconsultant. The
subconsultants listed are those intended for use on this project but the actual
subconsultants used may vary.
ATTACHMENT "C"
AMENDMENTS TO STANDARD AGREEMENT FOR ENGINEERING SERVICES
BICYCLE FACILITY PILOT PROGRAM
AMERICAN RECOVERY AND REINVESTMENT ACT PROJECT
FORT WORTH, TEXAS
No modifications to the Standard Agreement were necessary for this project.
ATTACHMENT "D"
PROJECT SCHEDULE
BICYCLE FACILITY PILOT PROGRAM
AMERICAN RECOVERY AND REINVESTMENT ACT PROJECT
FORT WORTH, TEXAS
The ENGINEER will complete the scope of services outlined in ATTACHMENT "A"
according to the following schedule:
Task Schedule
1 Data Collection and Verification of Existing Plan Within three weeks after NTP
2 Public Involvement Within 2 months after Task 1
3 Prioritization Within 1 month after Task 2
4 Details and Specifications Within 3 months after Task 2
5 Design Within 8 months after Task 2
6 Bidding and Construction Services After completion of Task 5
ATTACHMENT "E"
LOCATION MAP
BICYCLE FACILITY PILOT PROGRAM
AMERICAN RECOVERY AND REINVESTMENT ACT PROJECT
FORT WORTH, TEXAS
PROJECT LOCATION I
111-1116711 III
lialm=6IMMIMIS�
AM SMIIIIIM II I
NEIL=
March 2010
ATTACHMENT
ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM
SPECIAL INSTRUCTIONS
ADDITIONAL REQUIREMENTS
ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT (EECBG)
AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) PROJECT
All contracts funded in whole or in part by EECBG funds shall comply with the following:
1. Ensure the safety and structural integrity of any repair, replacement, construction, and or alteration
performed.
2. Comply with provisions of the City of Fort Worth EECBG Waste Stream Plan attached hereto.
3. Submit Information in Support of ARRA Reporting by the 4th day of each month, including
financial, job creation/retention and performance progress reports. Submit backup documentation
for expenditures of funds under ARRA including such items as timecards, invoices, and validation of
purchasing American made goods
4. Submit to City on a weekly basis: (1) Payroll, (2) Statement of Compliance -for each payroll, as
applicable for all laborers and mechanics, for services and activities accomplished by Contractor in
performance of this Contract. Payroll and the Statement of Compliance must be signed by a duly
authorized agent of the Contractor and submitted each Friday of the week following the week being
reported.
5. Upon identification of possible breaches of contract, and prior to exercising its termination rights
under this Contract for breach, City may elect to exercise any of the following administrative
remedies:
a. Issuance of warning letter indicating that further failure to comply with applicable
requirements will result in serious sanction and giving Contractor a limited time to
correct the deficiency;
Placing conditions upon award of future grants;
c. Directing Contractor to stop incurring costs until the deficiency is corrected and the
correction is verified;
Requiring repayment of previously reimbursed grant funds; or
Reducing the amount of pending grant awards or disallowing future awards to
Contractor.
f. The City's election to exercise any, all, or none of the aforementioned administrative
remedies does not act as a waiver of any of City's other rights or remedies under the law
or this Contract for the enforcement of this Contract or the recovery of any damages
relating to Contractor's actions or inactions relating to the Program, EECBG funds,
and/or this Contract.
RFQ 10-0416, Bicycle Facilities Pilot Program, Grant Program, Attachment C, Page I of 31
March 2010
Follow mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and Conservation Action
(Pub. L. 94A 163, 89 Stat. 871), (53 FR 8068, 8087, Mar. 11, 1988, as amended at 60 FR 19639,
19642 Apr. 19, 1995).
7. Comply with 10 CFR 600 which outlines DOE requirements and regulations pertaining to patent
rights with respect to any discovery or invention which arises or is developed in the course of or
under this contract.
8. Comply with 10 CFR 600 which outlines DOE requirements and regulations pertaining to copyrights
and rights in data.
SUBRECIPIENT OR SUBCONTRACTOR FLOWDOWN REQUIREMENTS
Subawardees who receive federal funds under an assistance agreement shall comply with the flow down
requirements for subawardees specified in the "Special Provisions Relating to Work Funded under
American Recovery and Reinvestment Act of 2009" which apply to this award. Additionally, as required
by 10 CFR 600.2(b), 10 CFR 600.236 and 10 CFR 600.237 any new, continuation, or renewal award and
any subsequent subaward shall comply with any applicable Federal statute Federal rule, Office of
Management and Budget (OMB) Circular and Government -wide guidance in effect as of the date of such
award. These requirements include, but are not limited to the following:
a. DOE Assistance Regulations, 10 CFR Part 600 at http://ecfr.gpoaccess.gov.
b. In addition to 10 CFR 600, Appendix A, Generally Applicable Requirements, the National Policy
Assurances to Be Incorporated as Award Terms in effect on date of award at
http://management.energy.gov/business doe/1374 htm apply.
c. 2 CFR 215 `Uniform Administrative Requirements for Grants and Agreements with Institutions
of Higher Education, Hospitals, and Other Non -Profit Organizations (OMB Circular A-1 10)."
d. OMB Circular A-102, `Grants and Cooperative Agreements with State and Local Governments"
Common Rules.
e. OMB Circular A-21, "Cost Principles for Educational Institutions," OMB Circular A-87, 'Cost
Principles for State , Local, and Indian Tribal Governments," OMB Circular A-122, ` Cost
Principles for Non -Profit Organizations " or FAR at 48 CFR Part 31, "Contract Cost Principles
and Procedures " for Profit Organizations, as applicable.
f. OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations."
g. Subawardee Application/proposal as approved by DOE.
RFQ 10 0416, Bicycle Facilities Pilot Program, Grant Program, Attachment C, Page 2 of 31
March 2010
SUBGRANT FLOWDOWN PROVISIONS FOR EECBG FINANCIAL ASSISTANCE AWARDS
SPECIAL TERMS AND CONDITIONS
Table of Contents
Number Subiect Page
1. RESOLUTION OF CONFLICTING CONDITIONS 4
2. CEILING ON ADMINISTRATIVE COSTS 4
3. LIMITATIONS ON USE OF FUNDS 4
4. REIMBURSABLE INDIRECT COSTS AND FRINGE BENEFIT COSTS 5
5. USE OF PROGRAM INCOME 5
6. STATEMENT OF FEDERAL STEWARDSHIP 5
7. SITE VISITS 5
8. REPORTING REQUIREMENTS 5
9. PUBLICATIONS 6
10. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS 6
11. LOBBYING RESTRICTIONS 6
12. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS 6
13. HISTORIC PRESERVATION 7
14. WASTE STREAM 7
15. DECONTAMINATION AND/OR DECOMMISSIONING (D&D) COSTS 7
16. SUBGRANTS AND LOANS 7
17. JUSTIFICATION OF BUDGET COSTS 8
18. ADVANCE UNDERSTANDING CONCERNING PUBLICLY FINANCED ENERGY
IMPROVEMENT PROGRAMS 9
19. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009 (May 2009) 9
20. REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF
THE RECOVERY ACT 14
21. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS -- SENSE OF CONGRESS 14
22. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS
SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT
OF 2009 14
23. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS
(COVERED UNDER INTERNATIONAL AGREEMENTS) — SECTION 1605 OF THE
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 17
24. WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY
ACT 21
25. RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES
OF FEDERAL AWARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMING
SUBRECIPIENTS 21
26. DAVIS-BACON ACT AND CONTRACT WORKHOURS AND SAFETY STANDARD
ACT 22
27. PROCUREMENT 22
RFQ 10-0416, Bicycle Facilities Pilot Program, Grant Program, Attachment C, Page 3 of 31
March 2010
1. RESOLUTION OF CONFLICTING CONDITIONS
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.
2. CEILING ON ADMINISTRATIVE COSTS
STATES
a State Recipients may not use more than 10 percent of amounts provided under the program for
administrative expenses (EISA Sec 545 (c)(4)). 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.
LOCAL GOVERNMENT (Cities & Counties) and INDIAN TRIBES
a. Local government and Indian Tribe Recipients may not use mole 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 foi 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.
3. LIMITATIONS ON USE OF FUNDS
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 more than 20 percent of the amounts
provided or $250,000, whichever is greater (EISA Sec 545 (b)(3)(B)), for the establishment of
revolving loan funds.
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 545 (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.
RFQ 10-0416, Bicycle Facilities Pilot Program, Grant Program, Attachment C, Page 4 of 31
March 2010
4. REIMBURSABLE INDIRECT COSTS AND FRINGE BENEFIT COSTS
a. The Recipient is expected to manage their final negotiated project budgets, including their
indirect costs and fringe benefit costs. DOE will not amend an award solely to provide additional
funds for changes in the indirect and/or fringe benefit costs or for changes in rates used for
calculating these costs. DOE recognizes that the inability to obtain full reimbursement for
indirect or fringe benefit costs means the Recipient must absorb the under recovery. Such under
recovery may be allocated as part of the Recipients cost share
If actual allowable [indirect and/or fringe benefit] costs are less than those budgeted and funded
under the award, the Recipient may use the difference to pay additional allowable direct costs
during the project period. If at the completion of the award the Government's share of total
allowable costs (i.e., direct and indirect), is less than the total costs reimbursed, the Recipient
must refund the difference.
5. USE OF PROGRAM INCOME
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.
6. STATEMENT OF FEDERAL STEWARDSHIP
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.
7. SITE VISITS
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.
REPORTING REQUIREMENTS
a. Requirements. The reporting requirements for this award arc identified on the Federal Assistance
Reporting Checklist, DOE F 4600.2, attached to this 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.
RFQ 10-0416, Bicycle Facilities Pilot Program, Grant Program, Attachment C, Page 5 of 31
March 2010
b. Additional Recovery Act Reporting Requirements are found in the Provision below labeled:
"REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF THE
RECOVERY ACT."
9. PUBLICATIONS
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 pi epared 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 autho►s expressed herein do not necessarily state or
reflect those of the United States Government or any agency thereof."
10. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS
You must obtain any required permits, ensure the safety and structural integrity of any repair,
replacement, construction and/or alteration, and comply with applicable federal, state, and municipal
laws, codes, and regulations for work performed under this award.
11. LOBBYING RESTRICTIONS
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.
12. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS
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 ale doing so at risk of not receiving
Federal funding and such costs may not be recognized as allowable cost share.
RFQ 10 0416, Bicycle Facilities Pilot Program, Grant Program, Attachment C, Page 6 of 31
March 2010
If this award includes construction activities, you must submit an environmental evaluation
report/evaluation notification form addressing NEPA issues prior to DOE initiating the NEPA
process.
13. HISTORIC PRESERVATION
Prior to the expenditure of Project funds to alter any historic structure or site the Recipient or
subrecipient shall ensure that it is compliant with 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. If applicable, the Recipient or subrecipient must contact the State
Historic Preservation Officer (SHPO), and 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.ncshpo org/find/index.htm. THPO contact information is
available at the following link: http://www.nathpo.org/map.html . Section 1 10(k) of the NHPA
applies to DOE funded activities
If applicable the Recipient or subrecipient certifies that it will retain sufficient documentation, to
demonstrate that the Recipient or subrecipient has received required approval(s) from the SHPO or
THPO for the Project. Recipients or subsecipients shall avoid taking any action that results in an
adverse effect to historic properties pending compliance with Section 106. The Recipient or
subrecipient shall deem compliance with Section 106 of the NHPA complete only after it has received
this documentation. The Recipient or subrecipient shall make this documentation available to DOE
on DOE's request (for example, during a post -award audit).
14. WASTE STREAM
The Recipient assures that it will create or obtain a waste management plan addressing waste
generated by a proposed Project prior to the Project generating waste. This waste management plan
will describe the Recipient's or subrectpient's plan to dispose of any sanitary or hazardous waste (e,g.,
construction and demolition debris, old light bulbs, lead ballasts, piping, roofing material, discarded
equipment, debris and asbestos) generated as a result of the proposed Project. The Recipient shall
ensure that the Project is in compliance with all Federal, state and local regulations for waste disposal.
The Recipient shall make the waste management plan and related documentation available to DOE on
DOE's request (for example, during a post -award audit).
15. DECONTAMINATION AND/OR DECOMMISSIONING (D&D) COSTS
Notwithstanding any other provisions of this Agreement, the Government shall not be responsible for
or have any obligation to the Recipient for (i) Decontamination and/or Decommissioning (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.
16. SUBGRANTS AND LOANS
a. The Recipient hereby warrants that it will ensure that all activities by sub-grantee(s) and loan
recipients to accomplish the approved Project Description or Statement of Project Objectives are
eligible activities under 42 U.S C. 171534(1)-(13). State recipients hereby warrant that they will
ensure that all activities by sub-grantee(s) and loan recipients pursuant to 42 U.S.C.
RFQ 10-0416, Bicycle Facilities Pilot Program, Grant Program, Attachment C, Page 7 of 31
March 2010
17155(c)(1)(A) to accomplish the approved Project Description or Statement of Project objects
are eligible activities under 42 U.S.C, 171534(3) (13).
b. Upon the Recipient's selection of the sub-grantee(s) and loan recipients, the Recipient shall notify
(i.e. approval not required) the DOE Contracting Officer with the following information for each,
regardless of dollar amount
- Name of Sub -Grantee
• DUNS Number
- Award Amount
• Statement of work including applicable activities
State recipients shall notify the DOE Contracting Officer with the above information within 180
days of the award date in Block 27 of the Assistance Agreement Cover Page.
In addition to the information in paragraph b. above, for each sub -grant and loan that has an
estimated cost greater than $2,000,000, the recipient must submit for approval by the Contracting
Officer, a SF424A Budget Information — Nonconstruction Programs, and PMC 123.1 Cost
Reasonableness Determination for Financial Assistance (available at http://www.eere-
pmc.energy.gov/forms.aspx).
17. JUSTIFICATION OF BUDGET COSTS
a. In the original application, the recipient did not provide sufficient information to justify the
approval or release of funds for the proposed activities. In order to receive reimbursement for the
costs associated with the activities listed in the approved Statement of Project Objectives (SOPO),
a justification for all proposed costs must be submitted to the DOE Contracting Officer.
The Recipient must provide justification for the following costs:
Personnel Costs:
The Recipient must submit cost justification for the following personnel costs: for approval
by the Contracting Officer
Fringe Benefit Costs:
The Recipient must submit a fringe benefit rate proposal/agreement for approval by the
Contracting Officer.
Travel Costs:
The Recipient must submit cost, justification for the following travel costs: for approval by
the Contracting Officer.
Equipment Costs:
The Recipient must submit vendor quotes for equipment with an individual item cost of
$50,000 or more, for approval by the Contracting Officer.
Supplies Costs:
The Recipient must submit cost justification for the following supplies costs: for approval by
the Contracting Officer.
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Contractual Costs:
1. The recipient shall provide the following information for each individual or company that
will receive EECBG funding, regardless of dollar amount:
Name
DUNS Number
Award Amount
Statement of work including applicable activities
NEPA documentation. as applicable
2. In addition to the information in paragraph 1. above, for each individual or company that
has an estimated cost greater than $2,000,000, the Recipient must submit a separate SF424A
Budget Information — Nonconstruction Programs, and Budget Justification. The DOE
Contracting Officer may require additional information concerning these individuals or
companies prior to providing written approval.
Other Dhect Costs:
The Recipient must submit cost Justification for the following other direct costs: for approval
by the Contracting Officer.
Indirect Costs:
The Recipient must submit an indirect rate proposal/agreement for approval by the
Contracting Officer.
Upon written notification and/or approval by the Contracting 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. These written notifications and/or approvals will be incorporated into the award by
formal modification at a future date.
18. ADVANCE UNDERSTANDING CONCERNING PUBLICLY FINANCED ENERGY
IMPROVEMENT PROGRAMS
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
Disti ict 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 attet 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.
19. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009 (May 2009)
Preamble
The American Recovery and Reinvestment Act of 2009, Pub. L. 1 1 1-5, (Recovery Act) was enacted
RFQ 10-0416, Bicycle Facilities Pilot Program, Grant Program, Attachment C, Page 9 of 31
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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 specific 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.
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 T1A 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 coveted 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.
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Special Provisions
A. Flow Down Requirement
Recipients rnust include these special terms and conditions in any subaward.
B. Segregation of Costs
Recipients must segregate the obligations and expenditures related to funding under the Recovery
Act. Financial and accounting systems should be revised as necessary to segregate, track and
maintain these funds apart and separate from other revenue streams. No part of the funds from the
Recovery Act shall be commingled with any other funds or used for a purpose other than that of
making payments for costs allowable for Recovery Act projects
C. Prohibition on Use of Funds
None of the funds provided under this agreement derived from the American Recovery and
Reinvestment Act of 2009, Pub. L. 1 1 1-5, 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.
D. Access to Records
With respect to each financial assistance agreement awarded utilizing at least some of the funds
appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009,
Pub. L. 111-5, any representative of an appropriate inspector general appointed under section 3 or 8G
of the inspector General Act of 1988 (5 U.S.C. App.) or of the Comptroller General is authorized --
(1) to examine any records of the contractor or grantee, any of its subcontractoi s 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 data and other data, including trade secrets and/or privileged or
confidential information, which the applicant does not want disclosed to the public or used by the
Government for any purpose other than the application. To protect such data, the applicant should
specifically identify each page including each line or paragraph thereof containing the data to be
protected and mai k 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 Governments 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
RFQ 10 0416, Bicycle Facilities Pilot Program, Grant Program, Attachment C, Page 11 of 31
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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:
Prohibition on Reprisals: An employee of any non -Federal employer receiving covered funds under
the American Recovery and Reinvestment Act of 2009 Pub. L 1 1 1-5, 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 . I 1 I -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. 1 1 1-5, \swww.Recovery.gov, for specific requirements of this section and
RFQ 10-0416, Bicycle Facilities Pilot Program, Grant Program, Attachment C, Page 12 of 31
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prescribed language for the notices.).
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.
1. 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 are available for reimbursement of costs until 36 months after the
award date.
K. Additional Funding 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 Gover nor of the State shall certify that:
1) the state will request and use funds provided by the Act; and 2) the funds will be used to create
jobs and promote economic growth.
Acceptance by State Legislature --1f 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.
L. Certifications
With respect to funds made available to State or local governments for infrastructure investments
under the American Recovery and Reinvestment Act of 2009, Pub. L. 1 1 1-5, 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.
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20. REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF
THE RECOVERY ACT
(a) This award requires the recipient to complete projects or activities which are funded under the
American Recovery and Reinvestment Act of 2009 (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.ccr.gov) at all times during which they have active federal
awards funded with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering System
(DUNS) Number (http://www.dnb.com) is one of the requirements for registration in the Central
Contractor Registration.
(d) The recipient shall report the information described in section 15 12(c) of the Recovery Act using
the reporting instructions and data elements that will be provided online at
http://www.FederalReporting.gov and ensure that any information that is pre -filled is corrected or
updated as needed.
21. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS -- SENSE OF CONGRESS
It is the sense of 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 2009will
be done upon definition and review of final activities.
22. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS
SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF
2009
If the Recipient determines at any time that any construction, alteration, or repair activity on a public
building or public works will be performed during the course of the project, the Recipient shall notify
the Contracting Officer prior to commencing such work and the following provisions shall apply.
(a) Definitions. 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
Processed into a specific form and shape; or
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(ii) Combined with other raw material to create a material 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. 1 1 1-5), 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) of this section and condition.
(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 other iron, steel, and/or manufactured goods to the list in paragraph
(b)(2) of this section and condition if the Federal Government determines that—
(i) The cost of the domestic iron, steel, and/or manufactured goods would be unreasonable. The 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 for determination 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 of measure;
(C) Quantity;
(D) Cost;
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March 2010
(E) Time of delivery or availability;
(F) Location of the project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured goods
cited in accordance with paragraph (b)(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.
(iii) The cost 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 determines after funds have been obligated for a project for
construction, alteration, maintenance or repair that an exception to section 1605 of the Recovery Act
applies, the award official will amend the award to allow use of the foreign iron, steel, and/or relevant
manufactured goods When the basis for the exception is nonavailability or public interest the
amended award shall reflect adjustment of the award amount, redistribution of budgeted funds, and/or
other 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 176.1 l0(a).
(3) Unless the Federal Government determines that an exception to section 1605 of the Recoveiy 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:
RFQ 10 0416, Bicycle Facilities Pilot Program, Grant Program, Attachment C, Page 16 of 31
March 2010
Foreign and Domestic Items Cost Comparison
Description
Unit
of
Quantity
(dollars)*
Cost
measure
Item 1:
Foreign
good
steel,
iron, or manufactured
Domestic
good
steel,
iron, or manufactured
Item 2:
Foreign
good
steel,
iron, or manufactured
Domestic
good
steel,
iron, or manufactured
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 delivery costs to the construction site.
23. REQUIRED USE OF AMERICAN IRON, STEEL AND MANUFACTURED GOODS
(COVERED UNDER INTERNATIONAL AGREEMENTS) — SECTION 1605 OF THE
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
(a) Definitions. As used in this award term and condition —
Designated country — (1) A World Trade Organization Government Procurement Agreement
country (Aruba, Austria, Belgium Bulgaria, Canada, Cyprus, Czech Republic, Denmark Estonia,
Finland, France, Germany Greece, Hong Kong, Hungary, Iceland Ireland Israel, Italy, Japan, Korea
(Republic of), Latvia, Liechtenstein Lithuania, I uxembourg, 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 on, steel, and/or manufactured goods — (1) Is wholly the growth, product, or
manufacture of a designated country; or
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March 2010
(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, and/or manufactured good — (1) Is wholly the growth, product, or manufacture
of the United States; or
(2) In the case of a manufactured good that consists in whole or in part of materials from another
country, has been substantially transformed in the United States into a new and different
manufactured good distinct from the materials from which it was transformed. There is no
requirement with regard to the origin of components or subcomponents in manufactured goods or
products, as long as the manufacture of the goods occurs in the United States.
Foreign iron, steel, and/or manufactured good means iron, steel and/or manufactured good that is not
domestic or designated country iron, steel, and/or manufactured good.
Manufactured good means a good brought to the construction site for incorporation into the building
or work that has been—
(1) Processed into a specific form and shape; or
(2) Combined with other raw material to create a material that has different properties than the
properties of the individual raw materials.
Public building and public work means a public building of and a public work of, a governmental
entity (the United States; the District of Columbia; commonwealths, ten itories, and minor outlying
islands of the United States; State and local governments; and multi -State, regional or interstate
entities which have governmental functions). These buildings and works may include, without
limitation bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains,
power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves,
ways, lighthouses, buoys jetties, breakwaters, levees, and canals, and the construction, alteration,
maintenance, or repair of such buildings and works.
Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may
include other elements.
(b)Iron, steel, and manufactured goods, (1) The award term and condition described in this section
implements
(i) Section 1605(a) of the American Recovery and Reinvestment Act of 2009 (Pub. L. 1 1 1-5)
(Recovery Act), by requiring that all iron, steel, and manufactured goods used in the project are
produced in the United States, and
(ii) Section 1605(d), which requires application of the Buy American requirement in a manner
consistent with U.S. obligations under international agreements. The restrictions of section 1605 of
the Recovery Act do not apply to designated country iron, steel, and/or manufactured goods The Buy
American requirement in section 1605 shall not be applied where the iron, steel or manufactured
goods used in the project are from a Party to an international agreement that obligates 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.
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(2) The recipient shall use only domestic or desioated country iron steel, and manufactured goods in
performing the work funded in whole or part with this award, except as provided in paragraphs (b)(3)
find (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 manufactured goods to the list in paragraph
(b)(3) of this section if the Federal Government determines that—
(i) The cost of domestic iron, steel, and/or manufactured goods would be unreasonable. The cost of
domestic iron, steel, and/or manufactured goods used in the project is unreasonable when the
cumulative cost of such material will increase the overall cost of the project by more than 25 percent;
(ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United States in
sufficient and reasonably available commercial quantities of a satisfactory quality; or
(iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent with
the public interest.
(c) Request for determination of inapplicability of section 1605 of the Recovery Act or the Buy
American Act. (1)(i) Any recipient request to use for eign iron, steel, and/or manufactured goods in
accordance with paragraph (b)(4) of this section shall include adequate information for Federal
Government evaluation of the request, including —
(A) A description of the foreign and domestic iron, steel, and/or manufactured goods;
(B) Unit of measure;
(C) Quantity;
(D) Cost;
(E) Time of delivery or availability;
(F) Location of the project;
(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured goods
cited in accordance with paragraph (b)(4) of this section
(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a
completed cost comparison table in the format in paragraph (d) of this section.
(iii) The cost of iron, steel, or manufactured goods shall include all delivery costs to the construction
site and any applicable duty.
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(iv) Any recipient request for a determination submitted after Recovery Act funds have been
obligated for a project foi construction, alteration, maintenance, or repair shall explain why the
recipient could not reasonably foresee the need for such determination and could not have requested
the determination before the funds were obligated. If the recipient does not submit a satisfactory
explanation, the award official need not make a determination.
(2) If the Federal Government determines after funds have been obligated for a project for
construction, alteration, maintenance, or repair that an exception to section 1605 of the Recovery Act
applies, the award official will amend the award to allow use of the foreign iron, steel, and/or relevant
manufactured goods. When the basis for the exception is nonavailability or public interest the
amended award shall reflect adjustment of the award amount, redistribution of budgeted funds, and/or
other appropriate actions taken to cover costs associated with acquiring or using the foreign iron,
steel, and/or relevant manufactured goods When the basis for the exception is the unreasonable cost
of the domestic iron steel, or manufactured goods. the award official shall adjust the award amount or
redistribute budgeted funds, as appropi iate, by at least the differential established in 2 CFR
1 76.1 10(a),
(3) Unless the Federal Government determines that an exception to section 1605 of the Recoveiy Act
applies, use of foreign iron, steel, and/or manufactured goods othei than designated country iron,
steel, and/or manufactured goods is noncompliant with the applicable Act.
(d) Data. To permit evaluation of requests under paragraph (b) of this section based on unreasonable
cost, the applicant shall include the following information and any applicable supporting data based
on the survey of suppliers:
Foreign and Domestic Items Cost Comparison
Description
Unit
of
Quantity
(dollars)*
Cost
measure
Item 1:
Foreign
good
steel,
iron, or manufactured
Domestic
good
steel,
iron, or manufactured
Item 2:
Foreign steel,
iron, or manufactured
good
Domestic
good
steel,
iron, or manufactured
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 delivery costs to the construction site.
RFQ 10-0416, Bicycle Facilities Pilot Program, Grant Program, Attachment C, Page 20 of 31
March 2010
24. WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT
(a) Section 1606 of the Recovery Act requires that all laborers and mechanics employed by
contractors and subcontractors on projects funded directly by or assisted in whole or in part by and
through the Federal Government pursuant to the Recovery Act shall be paid wages at rates not less
than those prevailing on projects of a character similar in the locality as determined by the Secretary
of Labor in accordance with subchapter IV of chapter 31 of title 40 United States Code.
Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the Department of
Labor has issued regulations at 29 CFR parts 1, 3, and 5 to implement the Davis -Bacon and related
Acts. Regulations in 29 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).
(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.
25. RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF
FEDERAL AWARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMING
SUBRECIPIENTS
(a) To maximize the transparency and accountability of funds authorized under the American
Recovery and Reinvestment Act of 2009 (Pub. L. 1 11-5) (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.gov/otnb/circulars/a102/a102.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://www,whitehause.gov%omb/circulars/a133/a133.html.
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 I11 on the SF —SAC.
(c) Recipients agree to separately identify to each subrecipient, and document at the time of subaward
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.
RFQ 10-0416, Bicycle Facilities Pilot Program, Grant Program, Attachment C, Page 21 of 31
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(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
ARRA funds as well as oversight by the Federal awarding agencies, Offices of Inspector General and
the Government Accountability Office.
26. DAVIS-BACON ACT AND CONTRACT WORKHOURS AND SAFETY STANDARD
ACT
Definitions: For purposes of this provision, "Davis Bacon Act and Contract Work Hours and Safety
Standards Act," the following definitions are applicable:
(1) "Award" means any grant, cooperative agreement or technology investment agreement
made with Recovery Act funds by the Department of Energy (DOE) to a Recipient. Such
Award must require compliance with the labor standards clauses and wage rate requirements of
the Davis -Bacon Act (DBA) for work performed by all laborers and mechanics employed by
Recipients (other than a unit of State or local government whose own employees perform the
construction) Subrecipients, Contractors, and subcontractors.
(2) ` Contractor' means an entity that enters into a Contract. For purposes of these clauses,
Contractor shall include (as applicable) prime contractors, Recipients, Subrecipients, and
Recipients' or Subrecipients' contractors, subcontractors, and lower -tier subcontractors.
`Contractor" does not mean a unit of State or local government where construction is
performed by its own employees."
(3) "Contract" means a contract executed by a Recipient, Subrecipient, prime contractor, or any
tier subcontractor for construction, alteration, or repair. It may also mean (as applicable) (i)
financial assistance instruments such as grants, cooperative agreements, technology investment
agreements, and loans; and, (ii) Sub awards, contracts and subcontracts issued under financial
assistance agreements. "Contract" does not mean a financial assistance instrument with a unit
of State or local government where construction is performed by its own employees.
(4) "Contracting Officer" means the DOE official authorized to execute an Award on behalf of
DOE and who is responsible for the business management and non -program aspects of the
financial assistance process.
(5) "Recipient" means any entity other than an individual that receives an Award of Federal
funds in the form of a grant, cooperative agreement, or technology investment agreement
directly from the Federal Government and is financially accountable for the use of any DOE
funds or property and is legally responsible for carrying out the terms and conditions of the
program and Award.
(6) "Subaward" means an award of financial assistance in the form of money, or property in
lieu of money made under an award by a Recipient to an eligible Subrecipient o1 by a
Subrecipient to a lower -tier subrecipient. The term includes financial assistance when provided
by any legal agreement, even if the agreement is called a contract, but does not include the
Recipient's procurement of goods and services to carry out the program nor does it include any
form of assistance which is excluded from the definition of Award" above.
RFQ 10-0416, Bicycle Facilities Pilot Program, Grant Program, Attachment C, Page 22 of 3 I
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(7) "Subrecipient" means a non -Federal entity that expends Federal funds received from a
Recipient to carry out a Federal program, but does not include an individual that is a
beneficiary of such a program.
(a) Davis Bacon Act
(1) Minimum wages.
(i) All laborers and mechanics employed or working upon the site of the work (or under
the United States Housing Act of 1937 or under the Housing Act of 1949 in the
construction or development of the project), will be paid unconditionally and not less
often than once a week, and, *w ithout subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by regulations issued by the Secretary of
Labor under the Copeland Act (29 CFR part 3)) the full amount of wages and bona fide
fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not
less than those contained in the wage determination of the Secretary of Labor which is
attached hereto and made a part hereof, regardless of any contractual relationship which
may be alleged to exist between the Contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under
section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered
wages paid to such laborers or mechanics, subject to the provisions of paragraph
(a)(1)(iv) of this section; also, regular contributions made or costs incurred foi more than
a weekly period (but not less often than quarterly) under plans, funds, or programs which
cover the particular weekly period, are deemed to be constructively made or incurred
during such weekly period. Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination for the classification of work
actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or
mechanics performing work in more than one classification may be compensated at the
rate specified for each classification for the time actually worked therein, provided that
the employer's payroll records accurately set forth the time spent in each classification in
which work is performed. The wage determination (including any additional
classification and wage rates conformed under paragraph (a)(t)(ii) of this section) 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.
(ii)(A) The Contracting Officer shall require that any class of laborers or mechanics,
including helpers which is not listed in the *wage determination and which is to be
employed under the Contract shall be classified in conformance with the wage
determination. The Contracting Officer shall approve an additional classification and
wage rate and fringe benefits therefore only when the following criteria have been met.
(1) The work to be performed by the classification requested is not performed by
a classification in the wage determination;
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage determination.
RFQ 10-0416, Bicycle Facilities Pilot Program, Grant Program, Attachment C, Page 23 of 31
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(B) 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, 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.
(C) 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 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
(D) The wage rate (including fringe benefits where appropriate) determined pursuant
to paragraphs (a)(I)(ii)(B) or (C) of this section, shall be paid to all workers
performing work in the classification under this Contract from the first day on which
work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the Contract for a class of laborers
or mechanics includes a fringe benefit which is not expressed as an hourly rate, the
Contractor shall either pay the benefit as stated in the wage determination or shall pay
another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, the
Contractor may consider as part of the wages of any laborer or mechanic the amount of
any costs reasonably anticipated in providing bona fide fringe benefits under a plan or
program, provided that the Secretary of Labor has found, upon the written request of the
Contractor, that the applicable standards of the 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.
(2) Withholding. The Department of Energy or the Recipient or Subrecipient shall upon its own
action or upon written request of an authorized representative of the Department of Labor
withhold or cause to be withheld from the Contractor under this Contract or any other Federal
contract with the same prime contractor or any other federally -assisted contract subject to Davis -
Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the
accrued payments or advances as may be considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the
full amount of wages required by the Contract. In the event of failure to pay any laborer or
mechanic, including any apprentice, trainee, or helper, employed or working on the site of the
work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the
construction or development of the project), all or part of the wages required by the Contract the
Department of Energy Recipient, or Subrecipient, may, after written notice to the Contractor,
RFQ 10-0416, Bicycle Facilities Pilot Program, Grant Program, Attachment C, Page 24 of 31
March 2010
sponso►, applicant, or owner, take such action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and basic records.
(i) Payrolls and basic records relating thereto shall be maintained by the Contractor
during the cou► se of the work and preserved for a period of three years thereafter for all
laborers and mechanics working at the site of the work (or under the United States
Housing Act of 1937, or under the Housing Act of 1949, in the construction or
development of the project). Such tecords shall contain the name, address, and social
security number of each such worker, his or her correct classification hourly iates of
wages paid (including rates of contributions or costs anticipated for bona fide f►inge
benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the
Davis -Bacon Act) daily and weekly numbe► of hours worked, deductions made, and
actual wages paid. Whenever the Secretary of Labor has found under 29 CFR
5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs
reasonably anticipated in providing benefits under a plan or program described in section
1(b)(2)(B) of the Davis -Bacon Act, the Contractor shall maintain records which show
that the commitment to provide such benefits is enforceable, that the plan or program is
financially responsible, and that the plan or program has been communicated in writing to
the laborers or mechanics affected, and records which show the costs anticipated or the
actual cost incurred in providing such benefits. Contractors employing apprentices or
trainees under approved programs shall maintain written evidence of the registration of
apprenticeship programs and certification of trainee programs the registration of the
apprentices and trainees, and the ratios and wage rates prescribed in the applicable
programs.
(ii) (A) The Contractor shall submit weekly for each week in which any Contract work is
performed a copy of all payrolls to the Department of Energy if the agency is a party
to the Contract but if the agency is not such a party the Contractor will submit the
payrolls to the Recipient or Subrecipient (as applicable), applicant, sponsor, or
owner as the case may be, for transmission to the Department of Energy. The
payrolls submitted shall set out accurately and completely all of the information
required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security
n umbers and home addresses shall not be included on weekly transmittals. Instead,
the payrolls shall only need to include an individually identifying number for each
e mployee (e.g , the last four digits of the employee's social security number). The
required weekly pay roll information may be submitted in any form desired. Optional
Form WH-347 is available for this purpose from the Wage and Hour Division Web
site at http.//www.dol gov/esa/whd/forms/wh347►nstr.htm or its successor site. The
prime Contractor is responsible for the submission of copies of payrolls by all
subcontractors. Contractors and subcontractors shall maintain the full social security
n umber and current address of each covered worker and shall provide them upon
request to the Department of Energy if the agency is a party to the Conti act, but if the
agency is not such a part}, the Contractor will submit them to the Recipient or
Subrecipient (as applicable) applicant, sponsor, or owner, as the case may be, for
transmission to the Department of Energy, the Contractor, or the Wage and Hour
Division of the Department of Labor for purposes of an investigation or audit of
compliance with prevailing wage requirements. It is not a violation of this section for
a prime contractor to require a subcontractor to provide addresses and social security
numbers to the prime contractor for its own records, without weekly submission to
RFQ 10-0416, Bicycle Facilities Pilot Program, Grant Program, Attachment C, Page 25 of 31
March 2010
the sponsoring government agency (or the Recipient or Subrecipient (as applicable),
applicant, sponsor, or owner).
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance,"
signed by the Contractor or subcontractor or his or her agent who pays or supervises
the payment of the persons employed under the Contract and shall certify the
following:
(1) That the payroll for the payroll period contains the information required to be
provided under § 5 5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate
information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR part
5, and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee)
employed on the Contract during the payroll period has been paid the full weekly
wages earned without rebate, either directly or indirectly, and that no deductions
have been made either directly or indirectly from the full wages earned other
than permissible deductions as set forth in Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage
rates and fringe benefits or cash equivalents for the classification of work
performed, as specified in the applicable wage determination incorporated into
the Contract.
(C) The weekly submission of a properly executed certification set forth on the
reverse side of Optional Form WH-347 shall satisfy the requirement for submission
of the "Statement of Compliance ' required by paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the Contractor or
subcontractor to civil or criminal prosecution under section 1001 of title 18 and
section 3729 of title 31 of the United States Code.
(iii) The Contractor or subcontractor shall make the records required under paragraph
(a)(3)(i) of this section available for inspection, copying, or transcription by authorized
representatives of the Department of Energy or the Department of Labor, and shall permit
such representatives to interview employees during working hours on the job. If the
Contractor or subcontractor fails to submit the required records or to make them
available, the Federal agency may, after written notice to the Contractor sponsor,
applicant, or owner, take such action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds. Furthermore, failure to submit the
required records upon request or to make such records available may be grounds for
debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate
for the work they performed when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration Office of Apprenticeship Training,
Employer and Labor Services, or with a State Apprenticeship Agency recognized by the
Office, or if a person is employed in his or her first 90 days of probationary employment
RFQ 10-0416, Bicycle Facilities Pilot Program, Grant Program, Attachment C, Page 26 of 31
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as an apprentice in such an apprenticeship program, who is not individually registered in
the program, but who has been certified by the Office of Apprenticeship Training,
Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to
be eligible for probationary employment as an apprentice. The allowable ratio of
apprentices to journeymen on the job site in any craft classification shall not be greater
than the ratio permitted to the Contractor as to the entire work force under the registered
program. Any worker listed on a payroll at an apprentice wage rate, who is not registered
or otherwise employed as stated above, shall be paid not less than the applicable wage
rate on the wage determination for the classification of work actually performed. in
addition any apprentice performing work on the job site in excess of the ratio permitted
under the registered program shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed. Where a Contractor is performing
construction on a project in a locality other than that in which its program is registered,
the ratios and wage rates (expressed in percentages of the journeyman's hourly rate)
specified in the Contractor's or subcontractor's registered program shall be observed.
Every apprentice must be paid at not less than the rate specified in the registered program
for the apprentice's level of progress, expressed as a percentage of the journeymen hourly
rate specified in the applicable wage determination. Apprentices shall be paid fringe
benefits in accordance with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits, apprentices must be paid the full
amount of fringe benefits listed on the wage determination for the applicable
classification. If the Administrator determines that a different practice prevails for the
applicable apprentice classification, fringes shall be paid in accordance with that
determination. In the event the Office of Apprenticeship Training, Employer and Labor
Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval
of an apprenticeship program, the Contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate for the work pet formed until an
acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work
at less than the predetermined rate for the work performed unless they are employed
pursuant to and individually registered in a program which has received prior approval,
evidenced by formal certification by the U.S. Department of Labor, Employment and
Training Administration The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the Employment and Training
Administration. Every trainee must be paid at not less than the rate specified in the
approved program for the trainee's level of progress, expressed as a percentage of the
journeyman hourly rate specified in the applicable wage determination. Trainees shall be
paid fringe benefits in accordance with the provisions of the tiainee program. If the
trainee program does not mention fringe benefits, trainees shall be paid the full amount of
fringe benefits listed on the wage determination unless the Administrator of the Wage
and Hour Division determines that there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage determination which provides for less
than full fringe benefits for apprentices. Any employee listed on the p'iyroll at a trainee
rate who is not registered and participating in a training plan approved by the
Employment and Training Administration shall be paid not less than the applicable wage
rate on the wage determination for the classification of work actually performed in
addition any trainee performing work on the job site in excess of the ratio permitted
under the registered program shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed. In the event the Employment and
Training Administration withdraws approval of a training program the Contractor will no
RFQ 10 0416, Bicycle Facilities Pilot Program, Grant Program, Attachment C, Page 27 of 31
March 2010
longer be permitted to utilize trainees at less than the applicable predetermined rate for
the work performed until an acceptable program is approved
(iii) Equal employment opportunity. The utilization of apprentices, trainees, and
journeymen under this part shall be in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended and 29 CFR part 30.
(5) Compliance with Copeland Act requirements. The Contractor shall comply with the
requirements of 29 CFR part 3, which are incorporated by reference in this Contract.
(6) Contracts and Subcontracts. The Recipient, Subreciptent, the Recipient's, and Subrecipient's
contractors and subcontractor shall insert in any Contracts the clauses contained hetein in(a)(1)
through (10) and such other clauses as the Department of Energy may by appropriate instructions
require, and also a clause requiring the subcontractors to include these clauses in any lower tier
subcontracts. The Recipient shall be responsible for the compliance by any subcontractor or lower
tier subcontractor with all of the paragraphs in this clause.
(7) Contract termination: debarment. A breach of the Contract clauses in 29 CFR 5.5 may be
grounds for termination of the Contract, and for debarment as a contractor and a subcontractor as
provided in 29 CFR 5.12.
(8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations
of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3 and 5 are herein
incorporated by reference in this Contract.
(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of
this Contract shall not be subject to the general disputes clause of this Contract. Such disputes
shall be resolved in accordance with the procedures of the Department of Labor set forth in 29
CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the
Recipient, Subrecipient, the Contractor (or any of its subcontractors), and the contracting agency,
the U.S. Department of Labor, or the employees or their reptesentatives.
(10) Certification of eligibility.
(i) By entering into this Contract, the Contractor certifies that neither it (nor he or she)
not any person or firm who has an interest in the Contractor's firm is a person or firm
ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -
Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this Contract shall be subcontracted to any person or firm ineligible for
award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29
CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18
U.S.C. 1001.
(b) Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms laborers and
mechanics include watchmen and guards.
(1) Overtime requirements. No Contractor or subcontractor contracting for any part of the
Contract work which may require or involve the employment of laborers or mechanics shall
RFQ 10-0416, Bicycle Facilities Pilot Program, Grant Program, Attachment C, Page 28 of 3]
March 2010
require or permit any such laborer or mechanic in any workweek in which he or she is employed
on such work to work in excess of forty hours in such workweek unless such laborer or mechanic
receives compensation at a rate not less than one and one-half times the basic rate of pay for all
hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. in the event of any violation of the
clause set forth in paragraph (b)(1) of this section, the Contractor and any subcontractor
responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and
subcontractor shall be liable to the United States (in the case of work done under contract for the
District of Columbia or a territory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1)
of this section, in the sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (b)(1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The Department of Energy or the
Recipient or Subrecipient shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld, from any moneys
payable on account of work performed by the Contractor or subcontractor under any such
contract or any other Federal contract with the same prime Contractor or any other federally -
assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by
the same prime contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in palagraph (b)(2) of this section.
(4) Contracts and Subcontracts. The Recipient, Subrecipient, and Recipient's and Subrecipient's
contractor or subcontractor shall insert in any Contracts, the clauses set forth in paragraph (b)(1)
through (4) of this section and also a clause requiring the subcontractors to include these clauses
in any lower tier subcontracts The Recipient shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through
(4) of this section.
(5) The Contractor or subcontractor shall maintain payrolls and basic payroll records during the
coui se of the work and shall preserve them for a period of three years from the completion of the
Contract for all laborers and mechanics, including guards and watchmen, working on the
Contract. Such records shall contain the name and address of each such employee social security
number correct classifications, hourly rates of wages paid, daily and weekly number of hours
worked deductions made, and actual wages paid. The records to be maintained under this
paragraph shall be made available by the Contractor or subcontractor for inspection, copying, or
transcription by authorized representatives of the Depai intent of Energy and the Department of
Labor. and the Contractor or subcontractor will permit such representatives to interview
employees during working hours on the job.
(c) Recipient Responsibilities for Davis Bacon Act
(1) On behalf of the Department of Energy (DOE), Recipient shall perform the following
functions:
(i) Obtain, maintain, and monitor all Davis Bacon Act (DBA) certified payroll records
submitted by the Subrecipients and Contractors at any tier under this Award;
RFQ 10-0416, Bicycle Facilities Pilot Program, Grant Program, Attachment C, Page 29 of 3 I
March 2010
(ii) Review all DBA certified payroll records for compliance with DBA requirements,
including applicable DOL wage determinations;
(iii) Notify DOE of any non-compliance with DBA requirements by Subrecipients or
Contractors at any tier. including any non -compliances identified as the result of reviews
performed pursuant to paragraph (ii) above;
(iv) Address any Subrecipient and any Contractor DBA non-compliance issues; if DBA
non-compliance issues cannot be resolved in a timely manner, forward complaints
summary of investigations and all relevant information to DOE;
(v) Provide DOE with detailed information regarding the resolution of any DBA non-
compliance issues;
(vi) Perform services in support of DOE investigations of complaints filed regarding
noncompliance by Subrecipients and Contractors with DBA requirements;
(vii) Perform audit services as necessary to ensure compliance by Subrecipients and
Contractors with DBA requirements and as requested by the Contracting Officer; and
(viii) Provide copies of all records upon request by DOE or DOL in a timely manner.
(d) Rates of Wages
The prevailing wage rates determined by the Secretary of Labor can be found at http://www.wdol.gov/.
27. PROCUREMENT (10 CFR 600.236, Section (i) "Contract Provisions," numbers 1-13)
(i) Contract provisions. A grantee's and subgrantee's contracts must contain provisions in paragraph (i)
of this section Federal agencies are permitted to require changes, remedies, changed conditions, access
and records retention, suspension of work, and other clauses approved by the Office of Federal
Procurement Policy.
(i) Administrative, contractual, or legal remedies in instances where contractors violate or breach
contract terms, and provide for such sanctions and penalties as may be appropriate. (Contracts more
than the simplified acquisition threshold)
(2) Termination for cause and for convenience by the grantee or subgrantee including the manner by
which it will be effected and the basis for settlement. (All contracts in excess of $10,000)
(3) Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment
Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in
Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded in excess of
$10,000 by grantees and their contractors or subgrantees)
(4) Compliance with the Copeland "Anti -Kickback" Act (18 U.S.0 874) as supplemented in Department
of Labor regulations (29 CFR Part 3). (All contracts and subgrants for construction or repair)
(5) Compliance with the Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of
Labor regulations (29 CFR Part 5). (Construction contracts in excess of $2000 awarded by grantees and
subgrantees when required by Federal grant program legislation)
RFQ 10-0416, Bicycle Facilities Pilot Program, Grant Program, Attachment C, Page 30 of 31
March 2010
(6) Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40
U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction
contracts awarded by grantees and subgrantees in excess of $2000, and in excess of $2500 for other
contracts which involve the employment of mechanics or laborers)
(7) Notice of awarding agency requirements and regulations pertaining to reporting.
(8) Notice of awarding agency requirements and regulations pertaining to patent rights with respect to any
discovery or invention which arises or is developed in the course of or under such contract
(9) Awarding agency requirements and regulations pertaining to copyrights and rights in data.
(10) Access by the grantee, the subgrantee, the Federal grantor agency, the Comptroller General of the
United States, or any of their duly authorized representatives to any books, documents, papers, and
records of the contractor which are directly pertinent to that specific contract for the purpose of making
audit, examination, excerpts, and transcriptions.
(1 I) Retention of all required records for three years after grantees or subgrantees make final payments
and all other pending matters are closed.
(12) Compliance with all applicable standards, orders, or requirements issued under section 306 of the
Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive
Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts,
subcontracts, and subgrants of amounts in excess of $100 000).
(13) Mandatory standards and policies relating to energy efficiency which are contained in the state
energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-
163, 89 Stat. 871).
RFQ 10-0416, Bicycle Facilities Pilot Program, Grant Program, Attachment C, Page 31 of 31
ATTACHMENT D
CITY OF FORT WORTH
JOINT VENTURE ELIGIBILITY FORM
All questions must be answered; use "NA" if applicable.
Name of City project:
A joint venture form must be completed on each project
RFP/Bid/Purchasing Number:
1. Joint venture information:
Joint
Venture
Name
Joint
(If applicable)
Venture
Address
Telephone:
Facsimile:
address:
E-mail
Cellular:
Identify
Please attach extra sheets if additional
space
the
firms that
is required
comprising
to
provide
comprise
the
detailed
venture
joint
explanations
venture:
of
work to be performed by each firm
the joint
DBE firm
name:
Non -DBE
name:
firm
Business Address:
Business Address:
City, State, Zip:
City, State, Zip:
Telephone
Facsimile
E-mail
Telephone
Facsimile
Cellular
Cellular
Certification
Status:
E-mail
address
Name of Certifying Agency:
2. Scope of work performed by the Joint Venture:
Describe
the
scope
of
work
of
the
DBE:
Describe
the
scope
of
work
of
the
non -DBE:
RFQ 10-0416, Bicycle Facilities Pilot Program, Grant Program, Attachment D, Page 1 of 10
3. What is the percentage of DBE participation on this joint venture that you wish to be counted
toward meeting the project goal?
4. Attach a copy of the joint venture agreement.
5. List components of ownership of joint venture: (Do not complete if this information is described in joint
venture agrees rent)
Profit
and
loss sharing:
Capital
equipment:
contributions,
including
Other
applicable
ownership
interests:
6. Identify by name, race, sex and firm those individuals (with titles) who are responsible for the day-
to-day management and decision making of the joint venture:
Financial
(to include
decisions
Account
Payable and Receivable):
Management
a.
b.
c.
d.
Estimating
Hiring
personnel
Purchasing
and/or
Marketing
decisions:
and
supplies
and
Firing
of
Sales
of
management
equipment
major
Supervision
of
field
operations
The City's Disadvantage Business Enterpnse Office will review your joint venture submission
and will have final approval of the DBE percentage applied toward the goal for the project listed
on this form.
NOTE: From and after the date of project award, if any of the participants, the individually defined
scopes of work or the dollar amounts/percentages change from the originally approved information, then
the participants must inform the City's DBE Office immediately for approval. Any unjustified change or
deletion shall be a material breach of contract and may result in debarment in accord with the procedures
outlined in the City's DBE Program
RFQ 10-0416, Bicycle Facilities Pilot Program, Grant Program, Attachment D, Page 2 of 10
AFFIDAVIT
The undersigned affirms that the foregoing statements are true and correct and include all material
information necessary to identify and explain the terms and operation of the joint venture
Furthermore, the undersigned shall agree to provide to the joint venture the stated scope of work
decision -making responsibilities and payments herein.
The City also resetves the right to request any additional information deemed necessary to determine
if the Joint venture is eligible. Failure to cooperate and/or provide requested information within the time
specified is grounds for termination of the eligibility process.
The undersigned agree to permit audits, interviews with owners and examination of the books,
records and files of the joint venture by any authorized representatives of the City of Fort Worth.
Failure to comply with this provision shall result in the termination of any contract which may be
awarded under the provisions of this joint venture's eligibility and may initiate action under Federal,
State and/or Local laws/ordinances concerning false statements or willful mistepresentation of facts.
Name of DBE firm Name of non -DBE firm
Printed Name of Owner
Printed Name of Owner
Signature of Owner
Signature of Owner
Printed Name of Owner
Printed Natne of Owner
Signature of Owner
Signature of Owner
Title
Title
Date
Date
Notarization
State of County of
On this day of , 20 , before me appeared
and
to me personally known and who, being duly sworn, did execute the foregoing affidavit and did state that
they were properly authorized to execute this affidavit and did so as their free act and deed.
Notary Public
Print Name
Notary Public
Signature
Commission Expires
RFQ 10-0416, Bicycle Facilities Pilot Program, Grant Program, Attachment 0, Page 3 of 10
City of Fort Worth
Disadvantage Business Enterprise
GOOD FAITH EFFORT
Prime Company Name
Project Name
Bid Date
Project Number
If you have failed to secure DBE participation and you have subcontracting and/or supplier
opportunities or if your DBE participation is less than the City's project goal, you must complete
this form.
If the bidder's method of compliance with the DBE goal is based upon demonstration of a "good
faith effort", the bidder will have the burden of correctly and accurately preparing and submitting
the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy
the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing
misrepresentation the facts or intentional discrimination by the bidder.
Failure to complete this form in its entirety with supporting documentation and teceived by the
Managing Department on or before 5 00 p.m. five (5) City business days after bid opening, exclusive of
bid opening date, will result in the bid being consideted non -responsive to bid specifications.
1.) Please list each and every subcontracting and/or supplier opportunity (DO NOT LIST NAMES
OF FIRMS) which will be used in the completion of this project, regardless of whether it is to
be provided by a DBE or non -DBE. On Combined Projects, list each subcontracting and or
supplier opportunity through the 2nd tier.
(Use additional sheets, if necessary)
List of: Subcontracting Opportunities
List of: Supplier Opportunities
RFQ 10-0416, Bicycle Facilities Pilot Program, Grant Program, Attachment D, Page 4 of 10
2.) Obtain a current (not more than three (3) months old from the bid open date) list of DBE
subcontractors and/or suppliers from the City's M/WBE Office.
Yes Date of Listing
No
3.) Did you solicit bids from DBE firms, K Rhin the subcontracting and/or supplier areas previously
listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are
opened?
Yes If yes, attach DBE mail listing to include name of firm and address and a dated
No copy of letter mailed.
4.) Did you solicit bids from DBE firms, within the subcontracting and/or supplier areas previously
listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids
are opened?
Yes
No
If yes, attach list to include name of DBE firm, person contacted,
phone number and date and time of contact.
NOTE: A facsimile may be used to comply with either 3 or 4 but may not be used for both. If a
facsimile is used, attach the fax confirmation which is to provide DBE name, date, time, fax number and
documentation faxed.
NOTE: If the list of DBEs for a particular subcontracting/supplier opportunity is ten or less, the bidder
must contact the entire list to be in compliance with questions 3 and 4 If the list of DBEs fot a particular
subcontracting/supplier opportunity is ten of mole, the bidder must contact at least two-thirds of the list
within such area of opportunity, but not less than ten to be in compliance with questions 3 and 4.
5.) Did you provide plans and specifications to potential DBEs or information regarding the
location of plans and specifications in order to assist the DBEs?
Yes
No
6.) Submit documentation if DBE quotes were rejected. The documentation submitted should be
in the forms of an affidavit, include a detailed explanation of why the DBE was rejected and any
supporting documentation the bidder wishes to be considered by the City. In the event of a
bona fide dispute concerning quotes, the bidder will provide for confidential in -camera access to
a inspection of any relevant documentation by City personnel.
(Please use additional sheets, necessar), and attach.
Name
Contact
Person
Scope
of Work
Reason
Rejection
for
Telephone
Company
RFQ 10-0416, Bicycle Facilities Pilot Program, Grant Program, Attachment D, Page 5 of 10
ADDITIONAL INFORMATION:
Please provide additional information you feel will further explain your good and honest efforts to
obtain DBE participation on this project.
The bidder further agrees to provide, directly to the City upon request, complete and accurate
information regarding actual work performed on this contract, the payment thereof and any
proposed changes to the original arrangements submitted with this bid. The bidder also agrees to
allow an audit and/or examination of any books, records and files held by their company that will
substantiate the actual work performed on this contract, by an authorized officer or employee of
the City
Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the
contract or debarment from City work for a period of not less than three (3) years and for initiating
action under Federal, State or Local laws concerning false statements. Any failure to comply with
this ordinance and creates a material breach of contract may result in a determination of an
irresponsible offeror and barred from participating in City work for a period of time not less than
one (1) year.
The undersigned certifies that the information provided and the DBE(s) listed was/were contacted
in good faith. It is understood that any DBE(s) listed in Attachment 1C will be contacted and the
reasons for not using them will be verified by the City's M/WBE Office.
Authorized Signature Printed Signature
Title Contact Name and Title (if different)
Company Name
Number
Phone Number Fax
Address Email Address
City/State/Zip Date
RFQ 10-0416, Bicycle Facilities Pilot Program, Grant Program, Attachment D, Page 6 of 10
City of Fort Worth
Disadvantage Business Enterprise Specifications
Prime Contractor Waiver
Prime Company Name
Project Name
Bid Opening Date Project Number
If both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort
Form). All questions on this form must he completed and a detailed explanation provided, if
applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1C.
This foi m is only applicable if both answers are yes.
Failure to complete this form in its entirety and be received by the Managine Department on or before 5.00
p.m., five (5) City business days after bid opening, exclusive of the bid opening date, will result in the bid
being considered non -responsive to bid specifications.
Will you perform this entire contract without subcontractors? Yes No
If yes, please provide a detailed explanation that proves based on the size and scope of this project,
this is your normal business practice and provide an operational profile of your business.
Will you perform this entire contract without suppliers? Yes No
If yes, please provide a detailed explanation that proves based on the size and scope of this project,
this is your normal business practice and provide an inventory profile of your business
The bidder further agrees to provide, directly to the City upon request, complete and accurate
information regarding actual work performed by all subcontractors, including DBE(s) on this
contract, the payment therefore and any proposed changes to the original DBE(s) arrangements
submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books,
records and files held by their company that will substantiate the actual work performed by the
DBE(s) on this contract by an authorized officer or employee of the City. Any intentional and/or
knowing misrepresentation of facts will be grounds for terminating the contract or debarment from
City work for a period of not less than three (3) years and for initiating action under Federal, State
or Local laws concerning false statements. Any failure to comply with this ordinance creates a
material breach of contract may result in a determination of an irresponsible offeror and barred
from participating in City work for a period of time not less than one (1) year.
Authorized Signature Printed Signature
Title Contact Name (if different)
Company Name
Phone Number Fax Number
Address Email Address
City/State/Zip Date
RFQ 10-0416, Bicycle Facilities Pilot Program, Grant Program, Attachment D, Page 7 of 10
CITY OF FORT WORTH
PRIME COMPANY NAME:
PROJECT NAME:
Disadvantaged Business Enterprise Office Schedule of Subconsultants/Suppliers
0 MWBE 0 NON-M/W/DBE
PROJECT NUMBER:
BID DATE:
CITY'S DBE PROJECT GOAL:
❑ DBE
Prime's DBE GOAL COMMITMENT:
Please read the following statements prior to executing this form.
Bidders/Offerors must provide information on all prospective subconsultants who submit bids/quotations in support of this solicitation. Failure
to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m. five (5)
City business days after bit opening, exclusive of bid opening date, will result in the bid being considered non -responsive to the bid
specifications.
The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by
all subcontractors, including DBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any
books, records and files held by their company that will substantiate the actual work performed by the DBE(s) on this contract, by an
authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the
contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws
concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination
of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year.
Prime contractors must identify by tier level of all sub -consultants. Tier: means the level of subcontracting below the prime
contractor/consultant i.e. a direct payment from the prime contractor to a sub -consultant is considered lst tier, a payment by a sub -consultant to
its supplier is considered 2"'.tier. The prime contractor is responsible to provide proof of payment of all tiered subcontractors identified as a
DBE and counting those dollars towards meeting the contract committed goal.
Prime contractors must also provide the previous years annual gross receipts of all sub -consultants listed on the utilization form. This
information may be expressed in the dollar ranges provided that column.
RFQ 10-0416, Bicycle Facilities Pilot Program, Grant Program, Attachment D, Page 8 of 10
FORT WORTH
CITY OF FORT WORTH
SCHEDULE OF SUBCONSULTANTS/SUPPLIERS
Check this box 0 if any subcontractor/supplier is a Sole Source and identify by writing sole source by the subcontractor/supplier name.
NAMES AND ADDRESSES OE
SUBCONSULTA NT/SUPPLIERS
TYPE OF WORK TO BE PERFORMED
Specify Tier
CERTIFIED DBE
FIRM
PREVIOUS YEAR'S
ANNUAI. GROSS RECEIPTS
( check one)
Name:
Address:
Phone:
Fax:
Email:
Contact Person:
Type of Work:
$ AMOUNT:
Yes No
less than S500K
! $500K to S2M
_ $2M to S5M
__ more than $5M
Certified By:
NCTRCA
TXDOT
_
Other_ please
attach DBE
certification
Name:
Address:
Phone:
Fax:
Email:
Contact Person:
Type of Work:
$ AMOUNT:
Yes No
less than S500K
_ $500K to $2M
_ $2M to $5M
_ more than S5M
Certified By:
NCTRCA
TXDOT
Other please
attach DBE
certification
Name:
Address:
Phone:
Fax:
Email:
Contact Person:
Type of Work:
$ AMOUNT:
Yes No
less than $500K
_ S500K to $2M
_ $2M to 55N1
_ more than $5M
Certified By:
NCTRCA
TXDOT
Other please
attach DBE
certification
Name:
Address:
Phone:
Fax:
Email:
Contact Person:
Type of Work:
$ AMOUNT:
Yes No
less than $500K
_ $500K to S2M
_ $2M to $5M
_ more than $51S1
Certified By:
NCTRCA
TXDOT
Other please
attach DBE
certification
RFQ 10-0416, Bicycle Facilities Pilot Program, Grant Program, Attachment D, Page 9 of 10
F ORT WORTH
CITY OF FORT WORTH
SCHEDULE OF SUBCONSULTANTS/SUPPLIERS
NAMES AND ADDRESSES OE
SUBCONSULTANTS!SUPPLIERS
TYPE OF WORK TO BE PERFORMED
Specify Tier
CERTIFIED DBE
FIRM
PREVIOUS YEAR'S
ANNUAL GROSS RECEIPTS
( check one)
Name:
Type of Work:
Address:
Yes No
less than $500K
Phone:
Certified By:
_ $500K to $2M
Fax:
NCTRCA
Email:
$ AMOUNT:
TXDOT
$2M to $5M
Contact Person:
Other please
_
_ more than $5111
attach DBE
certification
;Name:
Type of Work:
Address:
Yes No
less than 5500K
Phone:
Certified By:
_ $500K to $2M
Fax:
NCTRCA
Email:
$ AMOUNT:
_
TXDOT
$2M to $5M
Contact Person:
_
Other please
_
_ more than $5M
attach DBE
certification
The undersigned bidder agrees to enter into a formal agreement with the DBE firms for work listed in this schedule, conditioned upon execution of a contract
with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the
;proposal being considered non -responsive to the solicitation.
ALL DBES MUST BE CERTIFIED BY THE CITY OF FORT WORTH PRIOR TO A RECOMMENDATION FOR AWARD TO THE CITY COUNCIL.
Authorized Signature
Printed Signature
Title
Contact Name and Title (if different)
Company Name
Address
City/State/Zip Code
Phone Number Fax Number
Email Address
Date
RFQ 10-0416, Bicycle Facilities Pilot Program, Grant Program, Attachment D, Page 10 of 10
'f&C Review
http://apps.cfwnet.org/council packet/mc_review.asp?ID=13 804&council ...
Official site of the City of Fort Worth, Texas
FORT WoRTn
t
DATE:
CODE:
SUBJECT:
COUNCIL ACTION: Approved on 8/17/2010
8/17/2010 REFERENCE
NO.:
C TYPE:
**C-24391 LOG NAME: 06DOWNTOWN B I KE P I LOT
CONSENT PUBLIC NO
HEARING:
Authorize an Engineering Services Agreement with Kimley-Horn and Associates, Inc.,
Using Grant Funds in the Amount of $126,975.00 from the U. S. Department of Energy -
Energy Efficiency and Conservation Block Grant to Conduct a Downtown Bicycle Facilities
Pilot Program Under the City's Energy Efficiency and Conservation Block Grant COUNCIL
DISTRICTS 2 and 9)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an engineering services
agreement with Kimley-Horn and Associates, Inc., using grant funds in the amount of $126,975.00 to
conduct a Downtown Bicycle Facilities Pilot Program of approved activities under the City' s Energy
Efficiency and Conservation Block Grant awarded by the United States Government' s Department of
Energy.
DISCUSSION:
On May 26, 2009, (M&C C-23554) the City Council authorized application for and acceptance of a
$6,738,300.00 grant from the U S Department of Energy (DOE) through the Energy Efficiency and
Conservation flock Grant Formula Program (EECBG) The grant agreement authorizes implementation
of specific activities in accordance with the City's Energy Efficiency and Conservation Strategy
(EE&CS), which was submitted with the EECBG application. A portion of the grant ($381,232.00) is
allocated to conduct a Downtown Bicycle Facilities Pilot Program.
On February 9, 2010, (Res. No. 3856-02-2010) City Council adopted a resolution to accept and
implement the Bike Fort Worth plan and adopt it by reference into the Comprehensive Plan. The
EECBG grant will help to implement the Bike Fort Worth Plan by encouraging commuters to use a
bicycle for transportation to and from downtown Fort Worth, helping to decrease single -occupant
vehicle travel and alleviate traffic congestion and parking demand.
This project includes the following approved activities:
Bicycle Commuting Pilot Pathway Signs and Markings: This project consists of the installation of
signage and pavement markings and/or striping depicting on -street bicycle routes and lanes with
supporting directional signage, consistent with the bikeway recommendations of the Bike Fort Worth
plan, Americans with Disabilities Act Accessibility Guidelines, and the AASHTO Guide for the
Development of Bicycle Facilities.
Bicycle Commuting Pilot Racks and Shelters: This project consists of the purchase and installation of
bicycle parking racks and covered bicycle shelters in the City of Fort Worth right-of-way or in
easements on private right -of way, consistent with the bikeway recommendations of the Bike Fort
Worth plan, Americans with Disabilities Act Accessibility Guidelines, and the AASHTO Guide for the
Development of Bicycle Facilities.
1 of 2 0 8/ 18/2010 10 : 03 AM
1'4SC Review http://apps.cfwnet.org/council packet/mc_review.asp?ID=13804&council...
The Kimley-Horn and Associates, Inc., contract amount for the Downtown Bicycle Facilities Pilot
Project is $126,975.00 and consists of the design for signage and pavement markings depicting
on -street bicycle routes and lanes with supporting directional signage consistent with the
recommendations of the Bike Fort Worth plan necessary for the approved EECBG activities. This
grant -funded project requires no matching funds or cost sharing.
Kimley-Horn and Associates, Inc., is in compliance with the City's DBE Program by committing to 20
percent DBE participation on this project. The City's DBE goal on this project is 15 percent.
The project is located in COUNCIL DISTRICTS 2 and 9.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Grants Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 531200 006484371870 $126, 975.00
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Fernando Costa (6122)
Susan Alanis (8180)
Katherine Beck (7918)
Julia McCleeary (2593)
ATTACHMENTS
M C Map.pdf
signed resolution.pdf
2 of 2 0 8/ 18/2010 10 : 03 AM