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CONTRACT NO. � l
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
AMERICAN RECOVERY AND REIRIVESTMENT ACT:
North Central Texas Alternative Fuel and Advanced Technology Investments
Program Implementation
AGREEMENT COVER SHEET
TYPE OF AGREEMENT: Reimbursable Activities for American Recovery and Reinvestment Act:
North Central Texas Alternative Fuel and Advanced Technology Investments
CFDA #: 81.086
FEDERAL PROGRAM NAME: ARRA -Conservation Research and Development
AGREEMENT PERIOD: Execution Date through January 29, 2012
MAXIMUM REIMBURSEMENT: $35,147
FUNDING SOURCE: United States Department of Energy (DOE)
NCTCOG
North Central Texas Council of Governments
616 Six Flags Drive, Suite 200, Centerpoint Two
P.O. Box 5888
Arlington, Texas 76011
Performing Party
City of Fort Worth
OFF(CIAi RECORD
CITY SECRETARY
FT. iNORTH, TX
Contacts
Project Manager;
Carrie Reese
Program Manager
817-608-2353
creese nctcoq.orq
Staff Contact:
Lori Pampell Clark
Sr. Transportation Planner
817-695-9232
Iclark .nctcog.orq
Agreement Administrator;
Trina Stokes
Grants and Contracts Coordinator II
817-695-9285
tstokes _nctcoq.orq
Agreement Coordinator
Karen L. Montgomery
Assistant City Manager
1000 Throckmorton
Fort Worth, TX 76102
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03-0.-5-1 0 Al 0:04 I t`I
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
AMERICAN RECOVERY AND REINVESTMENT ACT:
North Central Texas Alternative Fuel and Advanced Technology Investments
THIS AGREEMENT is entered by and between the North Central Texas Council of Governments
(NCTCOG) and City of Fort Worth (PERFORMING PARTY). The NCTCOG enters into this
Agreement with the PERFORMING PARTY pursuant to and as authorized by the U.S. Department of
Energy (DOE) for the administration of DOE American Recovery and Reinvestment Act (ARRA) grant
funds through the North Central Texas Alternative Fuel and Advanced Technology Investments
project.
The NCTCOG and the PERFORMING PARTY, in consideration of the mutual covenants hereinafter
set forth, agree as follows:
ARTICLE 1. PURPOSE
1.1 Funding Assistance. The purpose of this Agreement is to provide funding to assist the
PERFORMING PARTY in implementing the Grant Activities, as defined in Article 2.
1.2 Scope of Service. The PERFORMING PARTY covenants and represents to the NCTCOG
that the PERFORMING PARTY will implement or perform tasks as provided for in the Appendix A
hereinafter referred to as the "SCOPE". Tasks, as defined in the SCOPE, refer to a set of actions
the PERFORMING PARTY must accomplish. Scope Activities, as defined in the SCOPE, relate to
the individual vehicle purchase, alternative fuel vehicle conversion, fueling infrastructure and/or
training projects that were identified in the PERFORMING PARTY'S Application and approved for
implementation, including annual usage requirements as applicable. A unique identifier, the "Scope
Activity Number", will be used for reporting and requesting reimbursements.
1.3 Emissions Reductions. The PERFORMING PARTY agrees that emissions reductions
provided by each Scope Activity shall be used by the NCTCOG to meet air quality requirements and
goals. The PERFORMING PARTY may not utilize emissions reductions to satisfy other air quality
commitments.
ARTICLE 2. GRANT ACTIVITIES
2.1 Scope Activities. The PERFORMING PARTY shall purchase vehicles, complete alternative
fuel conversions, install fueling infrastructure, and/or complete training projects as provided for in the
SCOPE. Changes to the SCOPE shall not constitute a modification but must be agreed to by both
parties, in writing. Changes to the SCOPE do not require amendment to the Agreement; however the
SCOPE as defined in Appendix A, must be updated. Changes to the SCOPE may necessitate
submittal of a new Environmental Questionnaire to ensure continued compliance with NEPA, which is
further described in Article 2.4. The PERFORMING PARTY may enter into an agreement with a
subcontractor, vendor, or other lower -tier contractor to complete the Scope Activities. For the
purposes of this Agreement any lower -tier contractor or vendor performing services under agreement
with the PERFORMING PARTY shall hereinafter be referred to as "Contractor."
2.2 Activity Life. The PERFORMING PARTY will own and operate the grant funded vehicles
and/or fueling infrastructure for the duration of the NCTCOG approved Activity Life as identified in the
SCOPE.
no Geographic Location. The PERFORMING PARTY agrees that annual operation of vehicles
funded under this Agreement must occur within the geographic area as described in the SCOPE, and
primarily within the North Texas ozone nonattainment counties which currently include Collin, Dallas,
Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, and/or Tarrant Counties. The PERFORMING
PARTY will install and operate fueling infrastructure within the North Texas counties of Collin, Dallas,
Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, and/or Tarrant as identified in the SCOPE.
2.4 National Environmental Policy Act (NEPA) Requirements. The PERFORMING PARTY
and any entities associated with the performance of work under this Agreement shall be restricted
from taking any action using Federal funds which would have an adverse affect on the environment or
limit the choice of reasonable alternatives prior to receiving NEPA clearance or a final NEPA decision
regarding each site location. Prohibited actions include, but are not limited to, vehicle conversion,
vehicle deployment, infrastructure work such as demolition of existing buildings, site clearing, ground
breaking, construction, and/or detailed design. This restriction does not preclude the PERFORMING
PARTY from performing administrative, educational, training, and outreach/marketing related
activities. Pursuant to the National Environmental Policy Act (NEPA), prior to initiating any work under
this Agreement, the PERFORMING PARTY shall provide a completed Environmental Questionnaire
(NETL F. 451.1-1/3) and any supplemental documentation for each location at which work will be
conducted under this Agreement to NCTCOG. In the case of a new station, supplemental
documentation shall include an environmental site assessment to be performed by a qualified vendor
accompanied by a photograph of the site. DOE will provide written notification through NCTCOG
regarding NEPA clearance as soon as such determination is made by the National Energy
Technology (NETL) NEPA Compliance Officer. The PERFORMING PARTY shall provide additional
documentation and other information upon request to the NCTCOG to demonstrate continued
compliance with NEPA. For fueling infrastructure projects, the PERFORMING PARTY shall provide
copies of permits, site plans, photos with explanations, and applicable engineering reports and site
characterizations to NCTCOG within 5 days of finalizing the documents.
2.5 Signage. The PERFORMING PARTY shall apply appropriate signage to grant funded
vehicles stating my are part of a US DOE Clean Cities Award and are powered by an alternative
fuel and/or advanced technology. The PERFORMING PARTY shall apply appropriate signage to
fueling infrastructure stating that it is part of a US DOE Clean Cities Award. The required US DOE
Clean Cities signage will be supplied by NCTCOG. The PERFORMING PARTY shall also apply
appropriate signage to fueling infrastructure including all required federal, state, and local fuel
dispensing information including, but not limited to fuel contents, safety precautions, etc. For publicly -
accessible fueling facilities, the availability and cost of alternative fuels will be displayed and
advertised in the same manner as conventional fuels.
2.6 Publications, The PERFORMING PARTY is encouraged to publish or otherwise make
publicly available the results of the work conducted under this Agreement. An acknowledgement of
Federal support and a disclaimer must appear in the publication of any material, whether copyrighted
or not, based on or developed under this Agreement as follows:
2.6.1 Acknowledgment: "This material is based upon work supported by the Department of
Energy under Award Numbers) DE-EE0002548."
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2.6.2 Disclaimer: This report was prepared as an account of work sponsored by an agency
of the United States Government. Neither the United States Government nor any agency
thereof, nor any of their employees, makes any warranty, express or implied, or assumes any
legal liability or responsibility for the accuracy, completeness, or usefulness of any information,
apparatus, product, or process disclosed, or represents that its use would not infringe privately
owned rights. Reference herein to any specific commercial product, process, or service by
trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its
endorsement, recommendation, or favoring by the United States Government or any agency
thereof. The views and opinions of authors expressed herein do not necessarily state or
reflect those of the United States Government or any agency thereof."
2.7 Public Outreach, Marketing, and Training Materials. The PERFORMING PARTY is
required to submit one electronic copy and one hard copy of all training materials and all
marketing/outreach materials developed in relation to this Agreement.
ARTICLE 3. REIMBURSEMENT
3.1 Award Amount. The NCTCOG will reimburse the PERFORMING PARTY's eligible costs of
implementing Task(s) as outlined in the SCOPE under the conditions in this Agreement not to exceed
the maximum Award Amount of thirty-five thousand, one -hundred forty-seven and 00/100 dollars
($35,147). The maximum Award Amount is not a guarantee of payment. The actual amount of
reimbursement may be less than the maximum Award Amount and will be determined under the
conditions of this Agreement.
3.2 Eligible Costs. Eligible and allowable expenses are limited to costs determined by the
NCTCOG in its sole discretion as eligible costs necessary for Tasks and Scope Activities as identified
in the SCOPE and cost principles established in OMB Circular A-87, including, but not limited to;
vehicle, conversion, and infrastructure costs; supplies costs; operation and maintenance costs; and
reasonable administrative and project management costs.
3.3 Funding Cap. Reimbursement under this Agreement may not exceed 50% of the total eligible
cost of implementing the SCOPE. Reimbursement for operation and maintenance costs may not
exceed 5% of the total eligible costs. Reimbursement for vehicles shall be limited to the incremental
cost as defined in Article 3.4, not to exceed the following:
Light Duty Vehicles
• For neighborhood electric vehicles: $2,000 per vehicle
For gasoline powered hybrid vehicles: $2,000 per vehicle
• For diesel vehicles: $2,000 per vehicle
• For gasoline powered plug-in hybrid: $50,000 per vehicle
For all other alternative fueled vehicles: $50,000 per vehicle
Medium and Heavy Duty Vehicles
• For electric vehicles: $500,000 per vehicle
• For all hybrid vehicles powered exclusively by alternative fuels (hybrid electric vehicles,
hydraulic hybrid vehicles, and plug-in hybrid electric vehicles): $500,000 per vehicle
For all other alternative fuel vehicles: $200,000 per vehicle
• For all other gasoline/diesel powered advanced technology vehicles (which includes hybrid
electric vehicles, hydraulic hybrid vehicles, and plug-in hybrid electric vehicles): $200,000
per vehicle
3.4 Incremental Cost. Subject to the Award Amount and Funding Cap described above,
NCTCOG will reimburse the PERFORMING PARTY for the incremental cost to purchase new original
equipment manufacturer (OEM) vehicles or the conversion of new and/or used conventional vehicles
to run on authorized alternative fuels. For new vehicle purchases, incremental cost shall be
calculated as the difference between the cost of the alternative fuel or advanced technology vehicle
and the cost of a comparable conventional model verified by manufacturer estimate, after all
applicable manufacturer and local/state rebates, tax credits, and cash equivalent credits are applied.
For vehicle conversions, the incremental cost shall be calculated as the cost of the new fuel system
plus installation less applicable manufacturer and local/state rebates and cash equivalent credits.
3.5 Cost Share. The PERFORMING PARTY shall support the Scope Activities by providing Cost
Share. The Cost Share shall be defined as unreimbursed eligible costs and must be at least the
amount identified in the SCOPE. All Cost Share must be funded from non -Federal sources unless
otherwise allowed by law and approved in advance by NCTCOG. If the PERFORMING PARTY
discovers inability to provide Cost Share of at least the amount identified in the SCOPE, immediate
written notice shall be provided to the NCTCOG. The PERFORMING PARTY shall maintain records
of all costs, including costs claimed as Cost Share. Such records are subject to audit. Failure to
provide the required Cost Share identified in the SCOPE may result in subsequent recovery by the
NCTCOG of some or all the funds provided through this Agreement.
3.6 Decontamination &Decommissioning Costs. Notwithstanding any other provisions of this
Agreement, neither the NCTCOG nor DOE shall be responsible for or have any obligation to the
PERFORMING PARTY for Decontamination and/or Decommissioning (D&D) of any of the
PERFORMING PARTY'S facilities, or any costs which may be incurred by the PERFORMING PARTY
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 execution of this
Agreement.
3.7 Request for Reimbursement. Template Request for Reimbursement forms will be provided
by the NCTCOG. All reimbursement requests prepared by the PERFORMING PARTY shall be
submitted by January 29, 2012 to the NCTCOG to the attention of the Agreement Administrator
identified on the Agreement Cover Sheet. Requests for Reimbursement shall include proof of
payment and applicable receipts; shall reflect the total eligible cost; shall detail the portion of cost to
be reimbursed by NCTCOG and the portion of cost credited as Cost Share; and shall be accompanied
by an Activity Information Form, which is included in Appendix B. NCTCOG may deem a Request for
Reimbursement incomplete if the data and/or documentation are incomplete or improper or if the
PERFORMING PARTY fails to submit necessary reports or provide other information requested by
NCTCOG under the terms of this Agreement. The NCTCOG may reject Requests for
Reimbursements which fail to demonstrate that costs are eligible for reimbursement and/or which fail
to conform to the requirements of this Agreement.
3.8 Payments. Reimbursement shall be made only upon completion of a Task or Scope Activity.
A cost may not be considered incurred, and eligible for reimbursement, until the product or service
has been received, accepted, and paid for by the PERFORMING PARTY. Any reimbursement under
this Agreement shall be payable only after eligible costs are approved by the NCTCOG. NCTCOG will
approve payments as soon as practicable, but not later than 45 days after a complete Request for
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Reimbursement has been received. Costs incurred prior to execution of this Agreement may not be
eligible for reimbursement, subject to any pre -award costs as described in Article 3.9.
3.9 Pre -Award Costs. The PERFORMING PARTY may be entitled to reimbursement for eligible
costs incurred on or after October 1, 2009, if authorization for pre -award costs was requested by the
PERFORMING PARTY and granted by the DOE, and if such costs are allowable in accordance with
the applicable Federal cost principles and eligibility as defined through the terms of this Agreement.
3.10 Balance of Funds. If actual costs are lower than expected and the full Award Amount is not
fully utilized, the PERFORMING PARTY may request approval from NCTCOG to use the balance of
the Award Amount in a manner consistent with the SCOPE and all requirements of this Agreement,
including Cost Share. If this situation arises, the PERFORMING PARTY will notify the NCTCOG Staff
Contact and request approval as quickly as possible to ensure timely implementation.
3.11 Return of Funds. The PERFORMING PARTY agrees to return funds received from the
NCTCOG for reimbursement of Tasks where the PERFORMING PARTY has failed to comply with the
requirements set forth in this Agreement, including but not limited to failure to achieve vehicle or
fueling infrastructure usage commitments and/or failure to comply with reporting requirements.
3.12 Availability of Funds. The NCTCOG will fund each Task with one-time funding from the
American Recovery and Reinvestment (ARRA) Act: Clean Cities FY09 Petroleum Reduction
Technologies Projects for the Transportation Sector, This Agreement and all claims, suits, or
obligations arising under or related to this Agreement are subject to and limited to the receipt and
availability of funds which are received from the funding agency by the NCTCOG dedicated for the
purpose of this Agreement. There shall be no obligation whatsoever to pay for performance of this
Agreement from the monies of the NCTCOG, other than grant funds received by the NCTCOG from
DOE for the purposes of reimbursement under this Agreement.
ARTICLE 4. TIME OF PERFORMANCE
4.1 Commencement of Service. The PERFORMING PARTY shall commence performance of
the SCOPE upon the execution of this Agreement, subject to completion of the NEPA Requirements
outlined in Article 2.4, unless the PERFORMING PARTY has received prior authorization to incur pre -
award costs as outlined in Article 3.9.
4.2 Deadline for Use of Funds. All Scope Activities shall be completed no later than January 29,
2012. This Agreement shall terminate upon completion of all requirements, unless otherwise
terminated by an act as identified in Article 4.3. Certain rights and obligations identified in this
Agreement shall survive termination of this Agreement.
4.3 Termination. Either party reserves the right to terminate this Agreement in whole or in part.
Notice of termination must be provided in writing, shall set forth the reasons for termination, and shall
provide for a minimum of 30 days to cure the defect. Termination is effective only in the event the
party fails to cure the defect within the period stated in the termination notice including any written
extensions. If the Agreement is terminated, the NCTCOG shall only be liable for payment for services
rendered before the effective date of termination. If Agreement is terminated, certain reporting
requirements identified in this Agreement shall survive termination of this Agreement. The Parties
may terminate this Agreement at any time by mutual written concurrence.
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ARTICLE 5. RIGHTS
5.1 Authority. The PERFORMING PARTY shall have no authority to act for or on behalf of the
NCTCOG except as expressly provided for in this Agreement; no other authority, power, use, or joint
enterprise is granted or implied. The PERFORMING PARTY may not incur any debts, obligations,
expenses, or liabilities of any kind on behalf of the NCTCOG.
5.2 Assignment. Without the prior written consent of the NCTCOG, the PERFORMING PARTY
may not transfer or assign any rights or duties under or any interest in this Agreement.
ARTICLE 6. REPRESENTATIONS
6.1 Alteration of Original Application. The information and data provided in the original
application submitted by the PERFORMING PARTY may have been altered after original submittal to
the NCTCOG to ensure that the information and calculations in the application are accurate. The
PERFORMING PARTY hereby ratifies, adopts, and agrees to all representations in the Approved
Application and deliverables it has provided to the NCTCOG during the proposal process and agrees
to give prompt written notice to the NCTCOG if there is any material change in these certifications or
deliverables.
ARTICLE 7. AMENDMENTS
7.1 Agreement. This Agreement embodies all of the agreements of the parties relating to its
subject matter, and supersedes all prior understandings and agreements regarding such subject
matter.
7.2 Severability. In the event any one or more of the provisions contained in this Agreement shall
be for any reason held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality,
or unenforceability shall not affect any other provision(s) hereof, and this Agreement shall be revised
so as to cure such invalid, illegal, or unenforceable provision(s) to carry out as near as possible the
original intent of the Parties.
7.3 Changed Circumstance. If future federal, State, or local statute, ordinance, regulation, rule,
oI action render this Agreement, in whole or in part, illegal, invalid, unenforceable, or impractical, the
parties agree to delete and/or to modify such portions of the Agreement as are necessary to render it
valid, enforceable, and/or practical. Each section, paragraph, or provision of this Agreement shall be
considered severable, and if, for any reason, any section, paragraph, or provision herein is
determined to be invalid under current or future law, regulation, or rule, such invalidity shall not impair
the operation of or otherwise affect the valid portions of this instrument.
7.4 Modifications. Modifications to this Agreement must be reviewed by all parties and agreed to
in writing.
7.5 Agreement Documents. This Agreement, including appendices, and the 2009 Clean Cities
ARRA Call For Partners Project Guidelines and the Approved Application, which are incorporated
herein by reference, comprise the entire Agreement between the NCTCOG and the PERFORMING
PARTY.
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ARTICLE 8. PROCUREMENT AND PROPERTY MANAGEMENT
8.1 Procurement Standards. The Parties shall adhere to the procurement standards established
in Title 49 CFR §18.36, The PERFORMING PARTY shall give preference in procurement programs
to the purchase of recycled products pursuant to the guidelines established in 40 CFR 247-254.
8.2 Property Management Standards. The Parties shall adhere to the property management
standard established in Title 49 CFR §18.32.
8.3 Purchase of American -Made Equipment and Products. It is the sense of the U.S.
Congress that, to the greatest extent practicable, all equipment and products purchased with funds
made available under this Agreement should be American -made.
8.4 Property. Property and equipment acquired by the PERFORMING PARTY through this
Agreement shall be subject to applicable rules set forth in 10 CFR Part 600. The regulations as set
forth in 10 CFR Part 600 and the requirements of this article shall apply where such property was
acquired in whole in part with funds provided by the NCTCOG under this Agreement or where such
property was counted as Cost Share under this Agreement.
The PERFORMING PARTY agrees to utilize property and equipment funded through this Agreement
for the purposes outlined in the SCOPE and consistent with the goals and objectives of the North
Central Texas Alternative Fuel and Advanced Technology Investments Program during the Activity
Life defined in the SCOPE. NCTCOG encourages the PERFORMING PARTY to continue to utilize
property and equipment acquired through this Agreement for the purposes outlined in the SCOPE and
consistent with the goals and objectives of the North Central Texas Alternative Fuel and Advanced
Technology Investments Program beyond the Activity Life. At the end of the Activity Life or upon
transfer of ownership, the PERFORMING PARTY shall submit to NCTCOG a written certification of
the disposition of property and equipment funded through this Agreement. The certification shall
describe the continued use and condition of the property, fair market value, remaining useful life of the
property, and any actual or anticipated improvements to the property that may increase the value of
the property.
NCTCOG, at its sole discretion, shall determine if the property or equipment retains any value to
NCTCOG and/or DOE at the end of the Activity Life, consistent with 10CFR Part 600. If, at the end of
the Activity Life, the property or equipment retains no value to NCTCOG and/or DOE, the
PERFORMING PARTY shall have no further obligation to NCTCOG and DOE with respect to the
property.
If, at the end of the Activity Life, the property or equipment retains value to NCTCOG and/or DOE, and
the property or equipment is no longer used for the purposes outlined in the SCOPE, the
PERFORMING PARTY may be required to return a portion of funding received under this Agreement
to NCTCOG, consistent with 10 CFR Part 600.
The PERFORMING PARTY agrees to provide NCTCOG reasonable information concerning the use
and condition of the property or equipment upon request.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Property Insurance. The PERFORMING PARTY must maintain sufficient property insurance
for the repair or replacement of any Scope Activity for the Activity Life as defined in the SCOPE,
unless otherwise expressly agreed upon in writing by the NCTCOG.
9.2 Insurance Claims. Any insurance proceeds received by or on behalf of the PERFORMING
PARTY under an insurance policy due to the damage or destruction of a vehicle, alternative fuel
conversion, or fueling infrastructure funded under this Agreement must be utilized to repair or acquire
an equivalent or better vehicle, alternative fuel conversion, or fueling infrastructure or be paid to the
NCTCOG.
9.3 Indemnification. To the extent authorized by law, the PERFORMING PARTY shall
indemnify, save and hold the NCTCOG/Regional Transportation Council (RTC), its officials, officers,
and employees harmless from any and all actions, obligations, claims, damages, expenses, costs of
any kind, debts, negligence, and liabilities arising from, or in any way related to, acts or omissions of
the PERFORMING PARTY, its employees, volunteers, Contractors, or clientele, in the performance
of, or failure to perform under, this Agreement.
9.4 Force Majeure. It is expressly understood and agreed by the parties to this Agreement that, if
the performance of any provision of this Agreement is delayed by force majeure, defined as reason of
war, civil commotion, act of God, governmental restriction, regulation or interference, fire, explosion,
hurricane, flood, failure of transportation, court injunction, or any circumstances which are reasonably
beyond the control of the party obligated or permitted under the terms of this Agreement to do or
perform the same, regardless of whether any such circumstance is similar to any of those enumerated
herein, the party so obligated or permitted shall be excused from doing or performing the same during
such period of delay, so that the period of time applicable to such requirement shall be extended for a
period of time equal to the period of time such party was delayed. Each party must inform the other in
writing within reasonable time of the existence of such force majeure.
9.5 Contractual Relationship. It is understood and agreed that the relationship described in this
Agreement between the parties is contractual in nature Cl"d is not to be construed to create a
partnership of joint venture or agency relationship between the parties. Nor shall any party be liable
for any debts incurred by the other party in the conduct of such other party's business or functions.
9.6 Captions. The captions, headings, and arrangements used in this Agreement are for
convenience only and shall not in any way affect, limit, amplify, or modify its terms and provisions.
9.7 Disputes and Remedies. The PERFORMING PARTY and the NCTCOG shall negotiate in
good faith toward resolving any disputes that arise under this Agreement. This Agreement does not
limit any remedy or right under law available to a Party to enforce the terms herein.
9.8 Public Comment Process. As applicable, public meeting and public hearing notices
regarding the Tasks and Scope Activities funded through this Agreement shall be provided to the
NCTCOG within five (5) days of publication. Meeting minutes, summaries of communication, and
copies of written responses to public comments and questions shall be transmitted to the NCTCOG
Staff Contact person as identified on the Agreement cover sheet within thirty (30) days following the
meeting.
9.9 Notice. All notices regarding this Agreement shall be in writing and shall be delivered to the
addresses shown below, as applicable, with a copy provided to the NCTCOG Project Manager and
the PERFORMING PARTY'S Agreement Coordinator identified on the Agreement Cover Sheet.
NCTCOG
Mailing Address.
Michael Morris, P.E.,
Transportation Director
Transportation Department
P.O. Box 5888
Arlington, Texas 76005-5888
Mailing Address:
Karen L. Montgomery
Assistant City Manager
1000 Throckmorton
Fort Worth, TX 76102
ARTICLE 10. AUDITS AND EVALUATIONS
Physical Address:
Michael Morris, P.E.,
Transportation Director
Transportation Department
616 Six Flags Drive
Arlington, Texas 76011
Physical Address:
Same
10.1 Submission of Audits. As applicable, The PERFORMING PARTY shall provide the
NCTCOG, for its review, a copy of any audit received as a result of policy or audits of federal and
state governments relating to the expenditure of funds under this Agreement. Such audits shall
include or be accompanied by any applicable audit management letter issued and applicable
responses to the auditor's findings and recommendations. All audits shall be submitted to the
NCTCOG within thirty (30) days of receipt of each issued report.
10.2 Single Audit Act. As applicable, the PERFORMING PARTY shall comply with the
requirements of the Single Audit Act of 1984, P.L. 98-502, ensuring that the single audit report
includes the coverage stipulated in OMB Circular No. A-128 through August 31, 2000, and stipulated
in OMB Circular A-133 after August 31, 2000.
10.2.1 Recovery Act Expenditures. As applicable, and if covered by the Single Audit Act
Amendments of 1996 and OMB Circular A-133, "Audits of States, Local Governments, and
Non -Profit Organizations, the PERFORMING PARTY agrees 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. This shall be accomplished by identifying expenditures for Federal awards made under
the Recovery Act separately on the SEFA, and as separate rows under Item 9 of Part III on the
SF -SAC by CFDA number, and inclusion of the prefix "ARRA-" in identifying the name of the
Federal program on the SEFA and as the first characters in Item 9d of Part III on the SF -SAC.
10.3 Capital Assets and Usage Records. The PERFORMING PARTY shall authorize the
NCTCOG, DOE, or their designees to inspect, with or without notice, vehicles, alternative fuel
conversions, and/or infrastructure, including usage records, purchased by the PERFORMING PARTY
with funds provided for under this Agreement.
10.4 Financial Records. The PERFORMING PARTY understands that acceptance of funds under
this Agreement acts as acceptance of the authority of the NCTCOG, DOE, or their designees to
conduct an audit or investigation in connection with those funds. The PERFORMING PARTY further
agrees to cooperate fully with the NCTCOG, DOE, or their designees in the conduct of an audit or
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investigation, including providing all records requested. The PERFORMING PARTY will ensure that
this clause concerning the authority to audit funds received indirectly by Contractors through the
PERFORMING PARTY and the requirement to cooperate is included in any subcontract it awards
under this Agreement. The PERFORMING PARTY will include in all subcontracts for work under this
Agreement a requirement that Contractors will provide access to all relevant financial records
including bank statements.
ARTICLE 11 —ACCESSIBILITY AND MAINTENANCE OF RECORDS
11.1 Maintenance. The PERFORMING PARTY shall maintain a record keeping system for all of its
activities, including program records and financial management records, which support and document
A expenditures of funds made under this Agreement, in accordance with federal regulations, state
rules, and the Agreement. This section shall not be interpreted to require maintenance of multiple
exact duplicate copies of any record or document.
11.2 Retention. All records must be maintained for a minimum of five (5) years following the
expiration of the Activity Life as described in the SCOPE. In the event that any litigation or claim is still
pending upon the expiration of the Activity Life, these records shall be retained until resolution of the
litigation or claim. The NCTCOG, DOE, and their duly authorized agents shall have access to all
records that are directly applicable to this Agreement for the purpose of making audit examinations.
ARTICLE 12 -REPORTS
12.1 Reporting. The PERFORMING PARTY shall provide the NCTCOG with all reports detailed
in the SCOPE. In addition, upon the NCTCOG's request, the PERFORMING PARTY shall provide
information pertaining to the Tasks and Scope Activities as identified in the SCOPE.
12.1.1 Comprehensive ARRA Reporting. The PERFORMING PARTY shall submit
quarterly Comprehensive ARRA Reports to NCTCOG for the duration of this Agreement using
the template provided in Appendix C. The Comprehensive ARRA Report is due by the 5th day
of the first month following the end of the quarter (January 5; April 5; July 5; and October 5).
The Comprehensive ARRA Report may be submitted by fax, email, or traditional mail to the
Agreement Administrator identified on the Agreement Cover Sheet.
12.1.2 Quarterly Usage Reporting, The PERFORMING PARTY shall submit a Quarterly
Usage Report to NCTCOG due by the 15th day of the first month following the end of the
quarter (January 15; April 15; July 15; and October 15) for the duration of the Activity Life, on-
line or by fax, email, or traditional mail to the Staff Contact identified on the Agreement Cover
Sheet.
12.1.3 Certified Payroll Records. Pursuant to the Davis -Bacon Act, if the SCOPE of this
Agreement includes construction, alteration, or repair activities exceeding $2,000, the
PERFORMING PARTY shall submit weekly certified payroll records to NCTCOG for each week
that applicable work is performed. Certified Payroll Records shall be submitted by traditional
mail or hand -delivered to the Agreement Administrator identified on the Agreement Cover Sheet
using the template provided in Appendix D. Certified Payroll Reports must include original
signatures and are due by 5:00 P.M. on Friday of the following week.
11
ARTICLE 13 - ASSURANCES
13.1 Equal Employment Opportunity. The PERFORMING PARTY and Contractors must be in
compliance with E.O. 11246, "Equal Employment Opportunity," as amended by E.O. 11375,
'Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented
by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor." The PERFORMING PARTY and its Contractors
shall not discriminate against any employee or applicant for employment because of race, religion,
color, sex, or national origin. The PERFORMING PARTY and its Contractors shall take affirmative
actions to ensure that applicants are employed, and that employees are treated, during their
employment, without regard to their race, religion, color, sex, or national origin. Such actions shall
include, but not be limited to, the following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
13.2 Nondiscrimination on the Basis of Disability. The PERFORMING PARTY agrees that no
otherwise qualified disabled person shall, solely by reason of his disability, be excluded from
participation in, be denied the benefits of, or otherwise be subject to discrimination. The
PERFORMING PARTY shall ensure that all fixed facility construction or alteration and all new
equipment funded through this Agreement comply with applicable regulations regarding
Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from
Federal Financial Assistance, set forth in 49 CFR, Part 27 and any amendments thereto.
13.3 Drug -Free Workplace. The PERFORMING PARTY and Contractors must comply with drug -
free workplace requirements in Subpart B of 10 CFR part 607, which implements sec. 5151-5160 of
the Drug -Free Workplace Act of 1988 (Pub. L. 100-690,Title V, Subtitle D; 41 U.S.C. 701, et seq.).
13.4 Noncollusion. The PERFORMING PARTY warrants that it has not employed or retained any
company or person, other than a bona fide employee working for it, to solicit or secure this
Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide
employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration
contingent upon or resulting from the award or making of this Agreement. If the PERFORMING
PARTY breaches or violates this warranty, the NCTCOG shall have the right to annul this Agreement
without liability or, in its discretion, to deduct from the Agreement price or consideration, or otherwise
recover the full amount of such fee, commission, brokerage fee, gift, or contingent fee.
13.5 Gratuities. Any person doing business with or who, reasonably speaking, may do business
with the NCTCOG under this Agreement may not make any offer of benefits, gifts or favors to
employees of the DOE, NCTCOG, or representatives of NCTCOG committees or boards. Failure on
the part of the PERFORMING PARTY to adhere to this policy may result in termination of this
Agreement.
13.6 Debarment/Suspension. The PERFORMING PARTY and Contractors shall comply with the
special provision "Certification Requirements for Recipients of Grants and Cooperative Agreements
Regarding Debarments and Suspensions," which is included as Appendix E of this Agreement. The
PERFORMING PARTY shall include a statement of compliance with the Certification Requirements
for Recipients of Grants and Cooperative Agreements Regarding Debarments and Suspensions in
applicable procurement solicitations. Certification Requirements for Recipients of Grants and
Cooperative Agreements Regarding Debarments and Suspensions shall be completed by Contractors
and included in Contractor contracts, as applicable. PERFORMING PARTY must notify NCTCOG if
PERFORMING PARTY or Contractors become debarred or suspended during performance of this
12
Agreement. Debarment or suspension of the PERFORMING PARTY may result in immediate
termination of this Agreement.
13.7 Restrictions on Lobbying. The PERFORMING PARTY and Contractors are prohibited from
using monies for lobbying purposes; the PERFORMING PARTY shall comply with the special
provision "Restrictions on Lobbying," which is included as Appendix F of this Agreement. The
PERFORMING PARTY shall include a statement of compliance with the Lobbying Certification and
Disclosure of Lobbying Activities in applicable procurement solicitations. Lobbying Certification and
Disclosure of Lobbying Activities shall be completed by Contractors and included in Contractor
contracts, as applicable.
13.8 Disadvantage Business Enterprises (DBE). NCTCOG encourages PERFORMING PARTY
to take all necessary affirmative steps to assure that Minority -owned Business Enterprises (MBE),
Women -owned Business Enterprises (WBE), Historically Underutilized Business (HUB), Small
Business Enterprise (SBE), and Labor Surplus Area Firms (LSAF) are used when possible. The
PERFORMING PARTY shall provide DBE certificates for any DBE receiving funding under this
Agreement. NCTCOG suggests that the PERFORMING PARTY comply by taking the following
affirmative steps:
- Assuring that small and minority businesses, and women's business enterprises are solicited
whenever they are potential sources.
Establishing delivery schedules, where the requirement permits, which encourage participation
by small and minority business, and women's business enterprises.
- Requiring any PERFORMING PARTY Contractors to take the affirmative steps listed in this
Article.
13.9 Copeland "Anti-F�ickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c). The PERFORMING
PARTY shall comply with the Copeland "Anti -Kickback" Act (18 U.S.C. 874), as supplemented by
Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building
or Public Work Financed in Whole or in part by Loans or Grants from the United States"), and shall
include a provision for compliance with this Act in all applicable agreements with Contractors. The Act
provides that recipients of federal funding shall be prohibited from inducing, by any means, any
person employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he is otherwise entitled. The PERFORMING PARTY shall report all suspected
or reported violations to the NCTCOG.
13.10 Compliance with Regulations. During the performance of this Agreement, the
PERFORMING PARTY, for itself, its assignees, and successors agrees to obtain any required permits
and comply with all applicable local, state, and federal regulations.
13.11 Interest of Public Officials. No member, officer, or employee of the public body or of a local
public body during his tenure or for one year thereafter shall have any interest, direct or indirect, in
this Agreement or the proceeds thereof.
13.12 Construction Management and Oversight. As applicable, the PERFORMING PARTY shall
ensure appropriate management of any construction activities, including compliance with applicable
local construction regulations and permitting requirements. The PERFORMING PARTY shall ensure
that construction activities comply with prevailing wage requirements of the Davis -Bacon Act. Upon
13
request, the PERFORMING PARTY shall provide to the NCTCOG, DOE, or its designee applicable
documentation confirming compliance with construction regulations.
ARTICLE 14 - SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009
14.1 Segregation of Costs. The PERFORMING PARTY 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.
14.2 Prohibition on Use of Funds. None of the funds provided under this Agreement derived
from the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, may be used by any State
or local government, or any private entity, for any casino or other gambling establishment, aquarium,
zoo, golf course, or swimming pool.
14.3 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:
14.3.1 To examine any records of the contractor or grantee, any of its subcontractors or
subgrantees, or any State or local agency administering such contract that pertain to, and
involve transactions that relate to, the subcontract, subcontract, grant, or subgrant; and
14.3.2 To interview any officer or employee of the contractor, grantee, subgrantee, or
agency regarding such transactions.
14.4 Publication. An documentation created by the PERFORMING PARTY and provided to
NCTCOG under this Agreement which contains technical data and other data, including trade secrets
and/or privileged or confidential information, which the PERFORMING PARTY does not want
disclosed to the public or used by the Government for any purpose other than for performance of the
Tasks outlined in this Agreement should specifically identify each page including each line or
paragraph thereof containing the data to be protected and mark the cover sheet of the documentation
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
documentation 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 an award is granted as a result of or in connection with the submission of this
documentation, the DOE shall have the right to use or disclose the data here to the extent
provided in the award. This restriction does not limit the Government's right to use or disclose
data obtained without restriction from any source. "
Information about this Agreement will be published on the Internet and linked to the website
www.recovery.gov, maintained by the Accountability and Transparency Board. The Board may
exclude posting contractual or other information on the website on a case -by -case basis when
14
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.
14.5. 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:
14.5.1 Prohibition on Reprisals: An employee of any non -Federal employer receiving covered
funds under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, may not be
discharged, demoted, or otherwise discriminated against as a reprisal for disclosing, including
a disclosure made in the ordinary course of an employee's duties, to the Accountability and
Transparency Board, an inspector general, the Comptroller General, a member of Congress, a
State or Federal regulatory or law enforcement agency, a person with supervisory authority
over the employee (or other person working for the employer who has the authority to
investigate, discover or terminate misconduct), a court or grand jury, the head of a Federal
agency, or their representatives information that the employee believes is evidence of:
gross mismanagement 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.
14.5.2 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.
14.5.3 Nonenforceablity 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.
14.5.4 Requirement to Post Notice of Rights and Remedies: Any employer receiving covered
funds under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, shall post
notice of the rights and remedies as required therein. (Refer to section 1553 of the American
15
Recovery and Reinvestment Act of 2009, Pub. L. 111-5, www.Recovery.gov, for specific
requirements of this section and prescribed language for the notices.).
14.6 False Claims Act. The PERFORMING PARTY 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.
14.7 Information in Support of Recovery Act Reporting. The PERFORMING PARTY may be
required to submit backup documentation for expenditures of funds under the Recovery Act including
such items as timecards and invoices. The PERFORMING PARTY shall provide copies of backup
documentation at the request of the NCTCOG, DOE, or designee.
14.8 Availability of Funds. Funds appropriated under the Recovery Act and obligated to this
Agreement are available for reimbursement of costs until September 30, 2015.
14.9 Required Use of American Iron, Steel and Manufactured Goods (Covered Under
International Agreements). The PERFORMING PARTY shall comply with provisions of Section
1605 of the American Recovery and Reinvestment Act of 2009 which requires all iron, steel, and
manufactured goods used in performance of work under this Agreement to be produced in the United
States; and which requires application of the Buy American requirement in a manner consistent with
U.S. obligations under international agreements. Additional details regarding Section 1605 of the
ARRA are provided in Appendix G. The PERFORMING PARTY may request a determination of
inapplicability of Section 1605 of the Recovery Act or the Buy America Act for the SCOPE of this
Agreement. Any request for determination of inapplicability must be submitted to NCTCOG by the
PERFORMING PARTY.
14.10 Davis Sacon Prevailing Wage Term and Condition. As applicable, in the event the
PERFORMING PAR I y S Scope Activities involves construction, the PERFORMING PARTY agrees
to ensure compliance with all regulations set forth under Section 1606 of the Recovery Act which
requires the PERFORMING PARTY to ensure all laborers and mechanics employed by contractors or
subcontractors in the performance of construction work financed with the assistance of loans or grants
to be paid wages at rates not less than those prevailing on similar construction in the locality.
Employees of local governments are not subject to the Davis -Bacon Act; however, all applicable
Contractors are subject to Davis -Bacon Act requirements, including reporting requirements outlined in
Article 12.1.3. The PERFORMING PARTY shall maintain payroll records for a period of three years
for all laborers and mechanics performing work applicable to the requirements of the Davis -Bacon
Act. Payroll records shall contain the name, address, and social security number of each worker, his
or her classification, hourly rates of wages paid, daily and weekly number of hours worked, deductions
taken from income, and actual wages paid. Appendix H includes additional details regarding Wage
Rate Requirements under Section 1606 of the Recovery Act and Davis Bacon Act and Contract work
hours and Safety Standards Act and wage determination data for North Central Texas Counties.
16
APPENDICES
The following appendices are attached and made part of this Agreement.
Appendix A
Appendix B
Appendix C
Appendix D
Appendix E
Appendix F
Appendix G
Appendix H
Scope of Service
Activity Information Form
Comprehensive ARRA Reporting Form
Payroll Reporting Form
Lower Tier Participant Debarment Certification
Lobbying Certification and Disclosure of Lobbying Activities
Required Use of American Iron, Steel, and Manufactured Goods
Wage Rate Requirements under Section 1606 of the Recovery Act, Davis Bacon
Act, and Contract Work Hours and Safety Standards Act; and Wage
Determinations for the North Central Texas Region
IN WITNESS WHEREOF, the Parties I}� executed this Agree ent in duplicate original at
Arlington, Tarrant County, Texas, the 6 day of 2010.
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
Executive Director, NCTCOG
PERFORMING PARTY
CITY OF FORT WORTH
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Karen L. Montgomery
Assistant City Manager
RECOMMENDED BY ADMINISTERING
DEPARTMENT:
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Equipment Services Director
ATTEST: APPROVED AS �Jb F
Marty Hendrix 0 ,a�QRT ``4� C. Patrick Philp
City Secretary ,q ��oO00A0004q�Oh Assistant City Attorney
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Appendix A
Scope of Service
AMERICAN RECOVERY AND REINVESTMENT ACT:
North Central Texas Alternative Fuel and Advanced Technology Investments
APPENDIX A
SCOPE OF SERVICE
CITY OF FORT WORTH
The City of Fort Worth will upgrade one (1) private access refueling facility to provide
ethanol (E85).
The project has been assigned the following Project Number, and each activity has been
assigned an Activity Number, both of which shall be used when tracking and reporting to
NCTCOG.
Proiect Number: ARRA-DOE-04
The Scope of Service (Scope) contains information on the activities to be conducted and the
expenses that will be reimbursed under the Agreement. All grant -funded scope activities must
be in service by January 29, 2012. Grant funding is applicable to approved equipment, supply,
and administrative costs directly related to the incremental costs of vehicle purchases,
conversion kit purchase and installation, and/or refueling/recharging infrastructure
implementation. Pursuant to the cost share commitments identified by the City of Fort Worth
upon application for grant funds, total grant funding reimbursed cannot exceed 40.7 percent
(40.7%) of the actual costs of project implementation.
The minimum number of each activity type to be accomplished with the grant award is outlined
in the "Approved Application Summary", along with a maximum award amount Cl"d committed
cost share. If actual expenses are lower than expected and the full award amount is not fully
utilized, the City of Fort Worth may request approval from NCTCOG to use the balance of
grant funds in a manner consistent with all requirements of this Agreement and Scope, including
cost share requirements. If this situation arises, the City of Fort Worth will notify the NCTCOG
Staff Contact and request approval as quickly as possible to ensure timely implementation.
TASK 1 —Implementation of Fuelina Infrastructure
The City of Fort Worth will construct and/or expand fueling infrastructure to provide alternative
fuel as outlined in the Approved Application Summary. The City of Fort Worth will ensure that
all applicable federal, State, and local laws and regulations are followed related to the
construction and/or use of alternative refueling infrastructure, including National Environmental
Policy Act (NEPA) requirements and/or other necessary environmental reviews. In addition, the
City of Fort Worth will adhere to all special provisions of the American Recovery and
Reinvestment Act, including required use of American iron, steel, and manufactured goods and
wage requirements (Sections 1605 and 1606 of the ARRA), as identified in the Agreement.
AoDroved A1010fication summary — rueuna
Infrastructure
Activity
Project
Project
Fuel
TYPes)
Number of
Average
Annual
Expense
Maximum
Award
Committed
Number
Description
Location
provided
Dispensers
Gallons
Category
Amount
Cost Share'
Dispensed
Upgrade
1013
Private
Cherry
1
Access
St., Fort
E85
1
14$00
Equipment
$359147.00
$511107.00
Refueling
Worth,
Facility
TX
TOTAL
$351147.00
$515107.00
TASK 2 —Operation
The City of Fort Worth will own and operate the grant -funded infrastructure for a minimum of a
five-year Activity Life for each funded activity. The City of Fort Worth will display the American
Recovery and Reinvestment Act (ARRA) and/or US Department of Energy (DOE) Clean Cities
logo at all funded fueling infrastructure facilities in a manner clearly visible to the public for the
duration of the approved activity life. The required US DOE Clean Cities signage will be
supplied by NCTCOG. In addition, the City of Fort Worth shall apply appropriate signage to
fueling infrastructure including all required federal, State, and local fuel dispensing information
including, but not limited to fuel contents, safety precautions, etc.
TASK 3 —Public Awareness, Marketing, and Training
The City of Fort Worth will promote awareness of grant -funded activities among peer
organizations as well as the general public. The City of Fort Worth will make good faith efforts
to pursue opportunities to promote the project and educate the community about the benefits of
alternative fuels and advanced technologies, including press releases, presentations at
professional organization events, and education to citizens through city publications or Web
sites.
All public awareness, marketing, and training activities will be clearly documented and reported
to NCTCOGa The City of Fort Worth agrees to provide to NCTCOG copies of any materials
developed, including, but not limited to, press releases, brochures, training manuals, etc.
TASK 4 —Reimbursement and Reporting
The City of Fort Worth will complete all reporting and reimbursement requirements as set forth in
the Agreement and Scope. Specific reporting requirements and their frequencies are detailed
below.
Request for Reimbursement
With each Request for Reimbursement, the City of Fort Worth must submit
documentation proving payment and/or expenses, such as invoices, cancelled checks, or
labor reports. In addition, a completed Activity Information Form(s), included as Appendix
B, must be submitted, as applicable, for each activity for which reimbursement is
requested. The final Request for Reimbursement is due to NCTCOG no later than
January 29, 2012.
Comprehensive ARRA Reporting
Comprehensive ARRA Reporting must be submitted by the fifth day of each month
following each quarter of the project period. The report shall be submitted to the
Agreement Administrator as identified on the front of the Agreement, using the template
provided in Appendix C.
Quarterly Usage Report
A Quarterly Usage Report must be submitted by the 15`h day of each month following each
quarter of the project period, for the duration of the approved Activity Life. Required
reporting will include the following information for each activity.
• For Infrastructure Activities
o Actual Gallons Dispensed for the Quarterly Reporting Period
o Actual Cumulative Gallons Dispensed
o Average Price of Alternative Fuel Over Quarterly Reporting Period
o Operational Changes (if any, such as significant maintenance/repair needs,
temporary closings, etc.)
Quarterly usage reporting will be completed online through the NCTCOG Web site
(www.nctcog.org). A user name and password will be provided prior to the end of the first
reporting period.
Certified Payroll Reports
Weekly Certified Payroll Reports must be submitted by 5 p.m. on the Friday of the week
following the reporting period for any week in which applicable work is performed. The
required weekly payroll reporting form is provided in Appendix D and shall also be
completed for Contractors. Reports with original signatures must be submitted by to the
Agreement Administrator. Scanned or faxed copies are not acceptable.
Schedule
Certified Payroll Weekly Certified Payroll Reports must be submitted by 5 p.m. on
Records the Friday of the week following the reporting period for any
week in which applicable work is performed.
Due by the fifth day of each month following the quarter of
project activity, for the duration of the Agreement period:
Comprehensive • January 5 for activity from October 1 — December 31,
ARRA Reporting • April 5 for activity from January 1 — March 31,
• July 5 for activity from April 1 — June 30, and
0 October 5 for activity from July 1 — September 30
Task
Date
Due by the 15th day of each month following the quarter of
project activity, for the duration of Activity Life:
Quarterly Usage
• January 15 for activity from October 1 — December 31,
Reporting
• April 15 for activity from January 1 — March 31,
• July 15 for activity from April 1 — June 30, and
• October 15 for activity from July 1 — September 30
Project Completion
January 29, 2012
Deadline
Final Request for
January 29, 2012
Reimbursement
Written Certification of
Required at end of Activity Life or upon transfer of ownership
Disposition
for all grant -funded vehicles and equipment
Appendix B
Activity Information Form
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Appendix C
Comprehensive ARRA Reporting Form
1
2.
3.
4.
COMPREHENSIVE ARRA REPORTING
Performing Party Name:
Reporting on Scope Activity NUmber(s):
Select Reporting Period:
Quarter 1 (October —December)
Quarter 2 (January — March)
Quarter 3 (April — June)
Quarter 4 (July — August)
Description of work/grant activities completed during this quarter.
5. Dollar amount of work/grant activities completed during this quarter.
6. Description of public awareness/marketing/training activities completed during this
quarter. Attach one hard copy and one electronic copy of any materials produced.
7. Discussion of work/grant activities to be completed during the next quarter.
8. Complete the attached Quarterly Work Hours Reporting form for employee work hours
that are paid with ARRA funding.
9. Are you a Certified Disadvantage Business Enterprise (DBE)?
No Yes (if yes, attach Certification)
10. If you answered yes to question 9, what type of business enterprise (check all that
apply).
Historically Underutilized Business (HUB) _
Small Business Enterprise (SBE)
Labor Surplus Area Firms (LSAF)
Woman -owned Business Enterprise (WBE)
Minority -owned Business Enterprise (MBE)
11. Performing Party Contractor information:
Name & Address (City, State, Zip Code-4 digit)
Dollar
DUNS #
Product
DBE Certification
Value
Code
(attach Certificate)
HUB SBE
WBE MBE
LSAF
HUB SBE _
WBE MBE
LSAF
HUB SBE _
WBE MBE
LSAF
HUB SBE _
WBE MBE _
LSAF
HUB SBE
WBE MBE
LSAF
Certification Statement
I certify to the best of my knowledge and belief that the data provided on this report are correct
and complete, and in compliance with all provisions of the Agreement.
PERFORMING PARTY
Signature
Print Name
Date
Quarterly Work Hours Reporting
Reporting Period
Quarter
#
Employee Name and
Job Title
Recovery Act
Funded
Yes or No
Full -Time or
Part -Time
Hours Work
Total
Hours worked
funded by
Recovery Act
1
2
3
4
5
6
7
6
9
10
11
12
13
14
15
Instructions
Comprehensive American Recovery and Reinvestment Act (ARRA) Reporting
Definitions•
Job Funded by the ARRA is a position in which wages/salaries are paid for or will be reimbursed
by ARRA funding.
Procurement is the acquisition through contract, order, purchase, lease or barter of supplies,
equipment, construction or services needed to accomplish Federal assistance programs.
Minority Business Enterprise (MBE) is a business concern that is (1) at least 51 percent owned
by one or more minority individuals, or, in the case of a publicly owned business, at least 51
percent of the stock is owned by one or more minority individuals; and (2) whose daily business
operations are managed and directed by one or more of the minority owners.
Woman Business Enterprise (WBE) is a business concern that is, (1) at least 51 percent owned
by one or more women, or, in the case of a publicly owned business, at least 51 percent of the
stock is owned by one or more women and (2) whose daily business operations are managed
and directed by one or more of the women owners.
Historically Underutilized Business (HUB) is a business (except tribally -owned concerns) that is
(1) a small business by SBA standards (2) owned and controlled at least 51 % by U.S. citizens,
or a Community Development Corporation, or an agricultural cooperative or an Indian tribe (3)
its principal office must be located within a "Historically Underutilized Business Zone," which
includes lands considered "Indian Country" and military facilities closed by the Base
Realignment and Closure Act and (4) at least 35% of its employees must reside in a HUBZone.
Small Business Enterprise (SBE) is an independent business having fewer than 500 employees.
Labor Area Surplus Firm (LASE) is a geographical area identified by the Department of Labor as
an area of concentrated unemployment or underemployment or an area of labor surplus.
Equipment is any tangible, nonexpendable, personal property having a useful life of more than
one year and an acquisition cost of $5,000 or more per unit.
Contractor means an entity that enters into acontract/agreement with Performing Party.
Performing Party Information:
1. Self-explanatory
2. Activity number can be found in the Scope of Service, Appendix A of the Agreement
3. Self-explanatory
4. Provide a brief description of the status of the project or activity by outlining work that
has been completed during the reporting period.
5. Dollar amount spent for project or activity. Can include amount in which a request for
reimbursement has not been submitted.
6. Outline any activities or events which have been conducted for the purpose of informing
the general public or professional associates specifically about this project and/or the
benefits of alternative fuels or advanced technologies. Activities may include, but are
not limited to, online or print articles, web site postings, media events, or presentations.
Include the audience and attach one hard copy and one electronic copy of any materials.
7. Describe worWgrant activities to be completed during the next quarter.
8. Provide information for all employees whose labor hours are paid with ARRA funds for
the reporting quarter. Data must be reported on the Quarterly Working Hours Reporting
forms.
9. Based on the definition above, select yes or no if your entity is or is not certified as a
DBE enterprise.
10. Select all DBE type that applies to your entity and attach a copy of the Certificate.
11. If your entity received goods/services this reporting quarter, provide Contractors)
information in the table:
Column 1: Contractor name and address. Include four digit extension to zip code
Column 2: Dollar amount of product or service provided by Contractor
Column 3: If the value of product or service provided by Contractor is over
$5,000, provide Contractor's DUNS number
Column 4: Using the following product code numbers; identify the type of product
or service acquired through the procurement:
0 = Operation and Maintenance
1= Construction
Light Duty Vehicles
2 = Neighborhood Electric Vehicles
3 = Gasoline Powered Hybrid Vehicles
4 = Diesel Vehicles
5 = Gasoline Powered Plug -In Hybrid
6 = Other Alternative Fueled Vehicles
Medium and Heavy Duty Vehicles
7 = Electric Vehicles
8 = Hybrid Vehicles Powered by Alternative Fuels
9 = Other Alternative Fueled Vehicles
10 = Other Gasoline/Diesel Powered Advanced Technology Vehicles
Column 5: If applicable, based on the definition above, select DBE Certification
type for Contractor. Select all DBE types that apply, and attach a copy of the
Certificate.
Appendix D
Payroll Reporting Form
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Appendix E
Lower Tier Participant Debarment Certification
LOWER TIER PARTICIPANT D C ARM E )T CERTIFICATION
(Negotiated
Jack Dale , being duly
(Name of certifying officiai)
der penalty of perjury under the laws of the United States, certifies that nest er
sworn or under City of Fort Worth ,nor its principals
(Name 0f lower tier participant)
are presently:
debarred, suspended, proposed for debarment,
® declared ineligible,
or voluntarily excluded Trom
oragency
Ton in this transaction
by any federal department 9
e to
Where the above identified lower tierospctive participant
pantis s shall
statements in this certification, such p and dates of action.
the in agency, be
certify to any of the above
indicate below to whom the
exception applies,
will not necessarily result in denial rmat onrdmay relsult nocrim naa
Exceptionsfalse info
contractor responsibility. Providing
administrative sanctions.
EXCEPTIONS:
Certifying Official
Title
Date of Certification
Fom► 1734
Rev.10-91
TPFS
in determining
prosecution or
Appendix F
Lobbying Certification and Disclosure of Lobbying Activities
LOBBYING CERTIFICATION
FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
The undersigned certifies to the best of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any federal contract, the
making of any federal grant, the making of any federal loan, the entering into of any cooperative
agreement, and the extension continuation, renewal amendment, or modification of any federal
contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid ®r will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
Signature
Equipment Services Director
Title
City of Fort Worth
Agency
July �i , 2010
Date
TxDOT
1-91
TPFS
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities
See instructions for public burden disclosure
1.
❑
❑
Type of Action:
a. contract
b. grant
2. Status of Action:
❑ a. bid/offer/application
❑ be initial award
3. Report Type:
❑ a. initial filing
❑ be material charge
❑
❑
❑
❑
c. cooperative agreement
d. loan
es loan guarantee
to loan insurance
❑ c.
post -award
For Material Change Only:
year quarter
date of last report
4.
Name and Address of Reporting Entity:
5. If Reporting Entity in No. 4 is Subawardee, Enter
❑ Prime [I Tier if
known
Name and Address of Prime:
6.
Department Agency:
7. Program Name/Description:
S.
Action Number, if known:
9. Award Amount, if known:
10.
a. Name and Address of Lobbying Entity
(if individual, last name, first name, Ml):
b. Individuals Performing Services (including address if
different from No. 10a)
(last name, first name, MI):
(attach Continuation
Sheet(s) SF-LLL-A, if necessary
11.
Amount of Payment (check all that apply):
13. Type of Payment (check all that apply):
❑ a. retainer
$ ❑ actual ❑
planned
❑ be one-time fee
❑ c. commission
❑ do contingent fee
12. Form of payment (check all that apply):
❑ a. cash
❑ e. deferred
❑ be in -kind specify: nature
❑ fm others specify:
value
14.
Brief Description of Services Performed or to be Performed and Date(s) of Service including officer(s), employee(s), or
Member(s) contacted, for Payment indicated in
Item 11:
attach Continuation Sheets SF-LLL-A, if necessary)
15.
Continuation sheets SF-LLL-A attached:
❑ Yes ❑ No seem
16.
This disclosure of lobbying activities is a
material
representation of fact upon which reliance was placed
by the tier above when this transaction was
entered into. This information will be available
public inspection.
made or
for
Signature:
Print
Names
Title:
Telephone:
Date:
NCTCOG Use Only:
E
Womb
Authorized for Local Reproduction Standard Form - LLL
INSTRUCTIONS FOR COMPLETION OF SF-LLL DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime recipient, at the initiation or receipt of a
covered action, or a material change to a previous filing. The filing of a form is required for each payment or agreement to make
payment to any lobbying entity for influencing or attempting to influence an employee of the NCTCOG, a Member of the Regional
Transportation Council (RTC), an officer or employee of the Regional Transportation Council (RTC), or an employee of a Member of the
Regional Transportation Council (RTC) in connection with a covered action. Use the SF-LLL-A Continuation Sheet for additional
information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report.
1. Identify the type of covered action for which lobbying activity is and/or has been secured to influence the outcome of a covered
action.
2. Identify the status of the covered action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information
previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted
report by this reporting entity for this covered action.
4. Enter the full name address city, state and zip code of the reporting entity. Check the appropriate classification of the reporting
entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee e.g., the first
subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards
under grants.
5. If the organization filing the report in item 4 checks "Subawardee," then enter the full name, address, city, state and zip code
of the prime recipient.
6. Enter the name of the agency making the award or loan commitment.
7. Enter the program name or description for the covered action (item 1.)
8. Enter the most appropriate identifying number available for action identified in item 1 (e.g., Request for Proposal (RFP)
number; invitation for Bid (B) number, grant announcement number; the contract grant, or loan award number; the
application/proposal control number assigned by the agency.) Include prefixes, e.g. "RFPml)&90-001."
9. For a covered action where there has been an award or loan commitment by the agency, enter the amount of the award/loan
commitment for the prime entity identified in item 4 or 5.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in
item 40 to influence the covered action.
(b) Enter the full names of the individuals(s) performing services, and include full address if different from 10(a). Enter Last
Name, First Name and Middle Initial (MI).
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity
(item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this
is a material change report, enter the cumulative amount of payment made or planned to be made.
12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in -kind contribution, specify the
nature and value of the in -kind payment.
13. Check the appropriate boxes(s). Check all boxes that apply. If other, specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the
date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contract with officials.
Identify the employee of the NCTCOG, the Member of the Regional Transportation Council (RTC), an officer or employee of the
Regional Transportation Council (RTC), or the employee of a Member of the Regional Transportation Council (RTC) in
connection with a covered.
15. Check whether or not a SF-LLL-A Continuation Sheet(s) is attached.
16, The certifying official shall sign and date the form, print his/her name, title, and the telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information.
DISCLOSURE OF LOBBYING ACTIVITIES
CONTINUATION SHEET
Reporting
Page of
Authorized for Local Reproduction
Appendix G
Required Use of American Iron, Steel, and Manufactured Goods
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, Luxembourg, Malta, Netherlands,
Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain,
Sweden, Switzerland, and United Kingdom;
(2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Costa Rica,
Dominican Republic, El Salvador, Guatemala, Honduras, Israel, Mexico, Morocco,
Nicaragua, Oman, Peru, or Singapore); or
(3) A United States -European Communities Exchange of Letters (May 15, 1995) country:
Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France,
Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta,
Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, and
United Kingdom.
Designated country iron, steel, and/or manufactured goods —
(1) Is wholly the growth, product, or manufacture of a designated country; or
(2) In the on 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, territories, and minor outlying
islands of the United States; State and local governments; and multi -State, regional, or interstate
entities which have governmental functions). These buildings and works may include, without
limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains,
power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers,
wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction,
alteration, maintenance, or repair of such buildings and works.
Steel means an alloy that includes at least 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. 111--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
on, steel, and/or manufactured goods. The Buy American requirement in section
1605 shall not be applied where the iron, steel or manufactured goods used in the
project are from a Party to an international agreement that obligates the recipient to
treat the goods and services of that Party the same as domestic goods and
services. This obligation shall only apply to projects with an estimated value of
$7,443,000 or more.
(2) The recipient shall use only domestic or designated 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) and (b)(4) of this section.
(3) The requirement in paragraph (b)(2) of this section does not apply to the iron, steel, and
manufactured goods listed by the Federal Government as follows:
ONE
(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 foreign iron, steel, and/or manufactured goods in
accordance with paragraph (b)(4) of this section shall include adequate information
for Federal Government evaluation of the request, includingw-
(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.
request based on unreasonable cost shall include a reasonable survey of the
market and a completed cost comparison table in the format in paragraph (d) of this
section.
(iii) The cost of iron, steel, or manufactured goods shall include all delivery costs to
the construction site and any applicable duty.
(iv) Any recipient request for a determination submitted after 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 appropriate actions taken to cover
costs associated with acquiring or using the foreign iron, steel, and/or relevant
manufactured goods. When the basis for the exception is the unreasonable cost of the
domestic iron, steel, or manufactured goods, the award official shall adjust the award
amount or redistribute budgeted funds, as appropriate, by at least the differential
established in 2 CFR 1760110(a).
(3) Unless the Federal Government determines that an exception to section 1605 of the
Recovery Act applies, use of foreign iron, steel, and/or manufactured goods other than
designated country iron, steel, and/or manufactured goods is noncompliant with the
applicable Act.
(d) Data. To permit evaluation of requests under paragraph (b) of this section based on
unreasonable 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 measure Quantity Cost(dollars)*
Item 1:
Foreign steel, iron, or manufactured good
Domestic steel, iron, or manufactured good
Item 2:
Foreign steel, iron, or manufactured good
Domestic steel, iron, or manufactured good
[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.]
Appendix H
Wage Rate Requirements under Section 1606 of the Recovery Act
Davis Bacon Act and Contract Work Hours and Safety Standards Act and
Wage Determinations for North Central Texas
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.
DAMS BACON ACT AND CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Definitions: For purposes of this article, 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
Nit" 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) "Subawal 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 or 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.
(7) "Subrecipient' means anon -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 without subsequent deduction or rebate on any account (except such payroll
deductions as are permitted by regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR part 3) ), the full amount of wages and bona fide fringe benefits (or
cash equivalents thereof) due at time of payment computed at rates not less than those
contained in the wage determination of the Secretary of Labor which is attached hereto and
made a part hereof, regardless of any contractual relationship which may be alleged to exist
between the Contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under
section 1(b)(2) of the 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 for more than a weekly
period (but not less often than quarterly) under plans, funds, or programs which cover the
particular weekly period, are deemed to be constructively made or incurred during such
weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and
fringe benefits on the wage determination for the classification of work actually performed,
without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing
work in more than one classification may be compensated at the rate specified for each
classification for the time actually worked therein: Provided, That the employer's payroll
records accurately set forth the time spent in each classification in which work is performed.
The wage determination (including any additional classification and wage rates conformed
under paragraph (a)(1)(ii) of this section) and the 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.
(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; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a
reasonable relationship to the wage rates contained in the wage
determination.
(B) If the Contractor and the laborers and mechanics to be employed in the
classification (if known), or their representatives, and the 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)(1)(ii)(B) or (C) of this section, shall be paid to all workers
performing work in the classification under this Contract from the first day on which
work is performed in the classification.
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, sponsor, applicant,
or owner, take such action as may be necessary to cause the suspension of any further payment,
advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and basic records.
(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during
the course of the work and preserved for a period of three years thereafter for all laborers
and mechanics working at the site of the work (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 records shall contain the name, address, and social security number of each such
worker, his or her correct classification, hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of
the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number
of hours worked, deductions made and actual wages paid. Whenever the Secretary of
Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic
include the amount of any costs reasonably anticipated in providing benefits under a plan or
program described in section 1(b)(2)(B) of the 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
numbers and home addresses shall not be included on weekly transmittals. Instead
the payrolls shall only need to include an individually identifying number for each
employee (e.g., the last four digits of the employee's social security number). The
required weekly payroll information may be submitted in any form desired. Optional
Form WH-347 is available for this purpose from the Wage and Hour Division Web
site at http://www.dol.gov/esa/whd/forms/wh347instruhtm or its successor site. The
prime Contractor is responsible for the submission of copies of payrolls by all
subcontractors. Contractors and subcontractors shall maintain the full social security
number and current address of each covered worker, and shall provide them upon
request to the 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 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 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 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 performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at
less than the predetermined rate for the work performed unless they are employed pursuant
to and individually registered in a program which has received prior approval, evidenced by
formal certification by the 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 trainee program. If the trainee program does not
mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the
wage determination unless the Administrator of the Wage and Hour Division determines
that there is an apprenticeship program associated with the corresponding journeyman
wage rate on the wage determination which provides for less than full fringe benefits for
apprentices. Any employee listed on the payroll at a trainee rate who is not registered and
participating in a training plan approved by the Employment and Training Administration
shall be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any trainee performing work on the job
site in excess of the ratio permitted under the registered program shall be paid not less than
the applicable wage rate on the wage determination for the work actually performed. In the
event the Employment and Training Administration withdraws approval of a training
program, the Contractor will no longer be permitted to utilize trainees at less than the
applicable predetermined rate for the work performed until an acceptable program is
approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen
under this part shall be in conformity with the equal employment opportunity requirements
of Executive Order 11246, as amended and 29 CFR part 30.
(5) Compliance with Copeland Act requirements. The Contractor shall comply with the
requirements of 29 CFR part 3, which are incorporated by reference in this Contract.
(6) Contracts and Subcontracts. The Recipient, Subrecipient, the Recipient's and Subrecipient's
contractors and subcontractor shall insert in any Contracts the clauses contained herein 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 representatives.
(10) Certification of eligibility.
(i) By entering into this Contract, the Contractor certifies that neither it (nor he or she) nor
any person or firm who has an interest in the Contractor's firm is a person or firm ineligible
to be awarded Government contracts by virtue of section 3(a) of the 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
.12(a)(1).
i) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18
U.S.C. 1001 a
(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 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 paragraph (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
course of the work and shall preserve them for a period of three years from the completion of the
Contract for all laborers and mechanics, including guards and watchmen, working on the Contract.
Such records shall contain the name and address of each such employee, social security number,
correct classifications, hourly rates of wages paid, daily and weekly number of hours worked,
deductions made, and actual wages paid. 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 Department 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.
Yage I of 3
General Decision Number: TX080057 09/11/2009 TX57
Superseded General Decision Number: TX20070059
State: Texas
Construction Type: Building
Counties: Collin and Denton Counties in Texas.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes and apartments up to and including 4 stories). Use
current heavy and highway General Wage Determination for Paving
and Utilities incidental to Building Construction.)
Modification Number
0
1
2
3
Publication Date
02/08/2008
07/24/2009
08/21/2009
09/11/2009
* IR0N0263-001 06/O1/2009
Rates
IRONWORKER (Structural)..........$ 21.60
* SUTX1989-002 11/01/1989
Rates
Acoustical Installer .............$ 12.27
CARPENTER (Excluding
Acoustical Installers &
Drywall Hangers) .................$ 12.36
DRYWALL HANGER ...................$ 12.17
ELECTRICIAN ......................$ 13.10
Laborer, Unskilled (Excluding
Painters:
Painters doing drywall
finishing only ..............$ 10.08
PAPERHANGER ......................$ 12.50
Plumbers and Pipefitters
(Including HVAC Work)............$ 12.47
Power Equipment Operator
Cranes ......................$ 15.00
ROOFER, Including Built Up,
Composition and Single Ply
Fringes
4.40
Fringes
2.20
2.85
Page 2 of 3
Roofs ............................$ 10.17 1.10
Sheet metal worker (Including
HVAC Duct Work) ..................$ 10.94 1.45
SPRINKLER FITTER .................$ 12.00 2.30
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)) .
In the listing above, the "SU" designation means that rates
listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
----------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
l.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis -Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
rd�'G � vi �
2.) If the answer to the question in 1.)
interested party (those affected by the
review and reconsideration from the Wage
(See 29 CFR Part 1.8 and 29 CFR Part 7).
Wage and Hour Administrator
U,S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
is yes, then an
action) can request
and Hour Administrator
Write to:
The request should be accompanied by a informatione(wage the
interested party's position and by any
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator
interested party may appeal directly to
Review Board (formerly the Wage Appeals
Administrative Review Board
U.S. Department of Labor N.W.
200 Constitution Avenue,
Washington, DC 20210
is not favorable, an
the Administrative
Board). Write to:
4,) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
� /n7/�tntn
Yage I of 4
General Decision Number: TX080058 01/01/2010 TX58
Superseded General Decision Number: TX20070060
State: Texas
Construction Type: Building
Counties: Dallas, Ellis, Kaufman and Rockwall Counties in
Texas.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes and apartments up to and including 4 stories). Use
current HIGHWAY GENERAL WAGE DETERMINATION FOR PAVING AND
UTILITIES INCIDENTAL TO BUILDING CONSTRUCTION)
Modification
0
1
2
3
4
5
6
7
8
9
10
11
12
Number Publication Date
02/08/2008
03/28/2008
04/11/2008
06/06/2008
12/05/2008
01/23/2009
04/10/2009
07/24/2009
09/11/2009
10/09/2009
11/27/2009
12/04/2009
01/01/2010
BRTX0001-006 OS/O1/2009
Rates
Fringes
BRICKLAYER .......................$ 21.06 6.93
----------------------------------------------------------------
CARP0429-001 05/01/2008
Rates Fringes
CARPENTER ........................$ 23.20 6.81
----------------------------------------------------------------
ELEC0020-003 12/01/2009
Rates
Fringes
Electricians:
Electrician .................$ 23.90 4.50+12.5�
----------------------------------------------------------------
ENGI0178-003 06/01/2009
Rates
Cranes:
Hydraulic Crane (35 ton &
under) ......................$ 23.70
Fringes
9.35
Page Z of 4
Hydraulic over 35
tons, Derricks, Overhead
Gentry,Stiffleg,Tower,
etc., and Cranes with
Piledriving or Caisson $ 24 70 9.35
attachements.............• -----------------------------
IRON0263-002 06/O1/2009
Rates Fringes
Ironworkers: $ 21.60
Structural .................. ------4-9--------
PLAS0061-001 05/O1/1993
Rates Fringes
••,,,,.$ 15.06
PLASTERER ................. _�-9--------
* SFTX0669-001 O1/O1/2010
Rates
Fringes
SPRINKLER FITTER (Fire •.•.$ 25.90 15.35
Sprinklers) .................. ---------------------
SUTX1989-005 11/01/1989
Rates Fringes
Acoustical Installer............
.$ 12.16
Brick Tender......••••••••••••
• „$ 8.60 1.30
CEMENT MASON/CONCRETE FINISHER...$ 11.38
GER.. ....$ 11.71
DRYWALL HAN •••••• " " "
FLOOR LAYER: CARPET (SOFT) .•••.$ 13.13
FLOOR .......................
GLAZIER ....................
,,,,,.$ 12.26 1.10
IRONWORKER, REINFORCING..........$ 10.33
2.94
Laborer, Unskilled (Excluding $ 7 58 1.30
Landscape Laborers)............
LATHER ....................
.......$ 17.38 1.04
Mechanical Insu a or........
....
.$ 10.55 1.00
Painters: ,$ 10.76 2.20
Brush & Spray..•••••••••••'
Painters doing drywall
finishing only............•
.$ 10.42
PAPERHANGER ..................
,,..$ 11.30 2.20
Yage 3 of 4
Plasterer tender .................$ 9.00
Plumbers and Pipefitters
(Including HVAC Work)............$ 12.80
Power equipment operators:
Backhoes....................$ 10.64
Front End Loaders...........$ 8.77
ROOFER, Including Built Up,
Composition and Single Ply
Roofs............................5 9.45
Sheet metal worker (Including
HVAC Work) .......................$ 12.80
TILE SETTER ......................$ 13.75
2.05
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)) .
In the listing above, the "SU" designation means that rates
listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
----------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the areain which the survey was conducted
because those Regional Offices have responsibility for the
Davis -Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
'dith regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Constructioge Determinations. Write to:
Page 4 of 4
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.)
interested party (those affected by the
review and reconsideration from the Wage
See 29 CFR Part 1.8 and 29 CFR Part 7).
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
is yes, then an
action) can request
and Hour Administrator
Write to:
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
Page I of 4
General Decision Number: 1X080059 O1/O1/2010 TX59
Superseded General Decision Number: TX20070061
State: Texas
Construction Type: Building
Counties: Johnson, Parker and Tarrant Counties in Texas.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes and apartments up to and including 4 stories). Use
current heavy and highway General Wage Determination for Paving
Incidental to Building Construction in Tarrant County and for
Paving and Utilities incidental to Building Construction in
remaining Counties.)
Modification Number
Publication Date
0
02/08/2008
1
03/28/2008
2
04/11/2008
3
06/06/2008
4
07/25/2008
5
12/05/2008
6
01/23/2009
7
04/10/2009
8
07/24/2009
9
08/21/2009
10
09/11/2009
11
10/09/2009
12
12/04/2009
13
01/01/2010
BRTX0001-007 05/Ol/2009
Rates
BRICKLAYER .......................$ 21.06
--------------------------------------------
CARP1421-001 05/01/1995
Rates
MILLWRIGHT .......................$ 16.49
Fringes
6.93
----------------
Fringes
3.92
---------------------------------------------------------------
ELEC0020-004 12/01/2009
WISE COUNTY
Rates
Fringes
Electricians:
----------------------------------------------------------------
IRON0263-001 06/01/2009
Rates Fringes
Page 2 of 4
IRONWORKER (Structural)..........$ 21.60 4.40
----------------------------------------------------------------
* SFTX0669-001 01/01/2010
Rates Fringes
SPRINKLER FITTER (Fire
Sprinklers).....................a$ 25.90 15.35
----------------------------------------------------------------
SUTX1989-001 11/01/1989
Rates Fringes
Acoustical Installer .............$ 11.23
CARPENTER
(Excluding drywall
hangers, acoustical
installers & batt
insulators) .................$ 12.27 2.22
doing drywall hanging only..$ 10.00
CEMENT MASON/CONCRETE FINISHER...$ 10.16 .76
DRYWALL FINISHER/TAPER...........$ 11.18 2.21
GLAZIER ..........................$ 11.37 1.31
LABORER (Including Mason
Tenders & Pipelayers)............$ 7.46 1.00
7.25
Mechanical Insulator .............$ 10.92 1.00
PAINTER (Brush and Spray)
(excluding Drywall Finishing)....$ 10.97 2.21
PLASTERER ........................$ 11.50
Plumbers and Pipefitters
(Including HVAC work)............$ 13.34 2.15
Power equipment operators:
Backhoes....................$ 12.30 1.82
Cranes ......................$ 14.26 2.44
Foundation Drill Operators..$ 8.54
Graders .....................$ 11.69 1.80
ROOFER, Including Built Up,
Composition and Single Ply
Roofs ............................$ 9.50 .99
Sheet metal worker (Including
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
----------------------------------------------------------------
rage � ui �+
WELDERS - Receive rate prescribed for craft performing
operation_to-which-welding_is-incidental_______________________
Unlisted classifications needed for work notbenaddeddafterin
the scope of the classifications listed may
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
In the listing above, the "SU" designation means that rates
listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wagewasdconducted
Regional Office for the area in which the survey for the
because those Region�lo oam1Clf theeresponselfromtthis initial
Davis -Bacon survey p g then the process described in 2.)
contact is not satisfactory,
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review anERrpartsid8rando29fCFR PartW7je Wrditeoto•A�inistrator
(See 29 C
'dage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
Yage 4 of 4
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
7/13/2010 3:13:09 PM
• '` • •
• . • • • . •
COUNCIL ACTION: Approved on 6/22/2010 -Ord. No. 19194-06-2010
DATE: Tuesday, June 22, 2010 REFERENCE NO.: '"*C-24282
LOG NAME: 212009NCTCOG DOE
SUBJECT:
Authorize the Application for, Acceptance and Execution of a Fiscal Year 2009 American Recovery and
Reinvestment Act Grant Fund with the North Central Texas Council of Governments in the Amount of
$35,147.00 for the Purpose of Installing an Alternative Fuel Management System and Adopt Appropriation
Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to apply for, accept and execute, if awarded, a grant from the North Central
Texas Council of Governments for the reimbursement of the purchase and installation of an alternative
fuel management system in the amount of $35,147.00;
2. Authorize the transfer of $35,147.00 from the Equipment Services Fund to the Grant Capital Projects
Fund for the 50 percent required match for the grant; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations of
$70,294.00 in the Grant Capital Projects Fund.
DISCUSSION:
The Dallas/Fort Worth Metropolitan Area is categorized as anon -attainment area for ozone. As such, the
Clean Air Act Amendments of 1990 require the area to show control strategies that will reduce emissions.
On April 4, 2006, the City Council adopted the Clean Fleet Vehicle Resolution (Resolution No. 3334-04-
2006) that outlined the acquisition, operation and maintenance standards for the City of Fort Worth's fleet.
When the Federal Government initiated the American Recovery and Reinvestment Act (ARRA) Program,
the Department of Energy Clean Cities Petroleum Reduction Technologies grant was created. In May
2009, the Equipment Services Department (ESD) submitted a request for a call for projects under the
Department of Energy Clean Cities Petroleum Reduction Technologies grant through the North Central
Texas Council of Governments.
In June 2001, the City of Fort Worth purchased its first E85 capable (Flex Fuel) vehicle. Currently, the City
has approximately 450 Flex Fuel vehicles in service. At the time of the call for projects, there were
approximately 285 vehicles in service.
The estimated cost associated with purchasing the alternative fuel management system and up -fitting
approximately 285 vehicles is $86,254.00. Funding for the up -fitting of these vehicles is included with the
adoption of the Fiscal Year 2010 budget. Based on the ARRA Program guidelines, the City is eligible to be
reimbursed for up to 50 percent of the total project cost. The estimated cost for this project is $70,294.00
for the equipment and City supplied labor to install the equipment on the vehicles is $15,960.00. The grant
will include equipment only. The labor portion is already budgeted in and will be paid from Fund P161. This
project is designed to only allow specific vehicles to receive the alternative fuel (E85) and prevent
dispensing to vehicles that are not designed to operate on this fuel. If E85 is operated in a vehicle not
designed for it, serious damage may result to the vehicle's fuel system and engine.
Page 1 of 2
7/13/2010 3:13:09 PM
The price of E85 fuel is approximately $.40 per gallon cheaper at today's cost compared to unleaded
gasoline. In addition to being less expensive, it is a cleaner burning fuel and reduces the dependency on
foreign oil.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations,
award of the grant and adoption of the attached appropriation ordinance, funds will be available in the
current capital budget, as appropriated, of the Grant Capital Projects Fund.
FUND CENTERS:
TO Fund/Account/Centers
3)) GR74 451409 021203448000
2 & 3)) GR74 472061 021203448000
3)) GR74 541320 021203448010
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
$35,147.00 2)) P161 538070 0212070
$35,147.00
$70,297.00
Karen Montgomery (6222)
Wayne Corum (5118)
Wayne Corum (5118)
ATTACHMENTS
1. 212009NCTCOG DOE AO REVISED (2).doc (Public)
2. Available funds Fuel System Upgrade.doc (CFW Internal)
$35,147.00
Page 2 of 2
SORT WORTH
TO: Don Walker, Equipment Services Department
FROM: Allison Tidwell, City Secretary's Office
DATE: July 19, 2010
SUBJECT: ARRA GRANT AGREEMENT IN THE AMOUNT OF $35,147.00 FOR THE
PURPOSE OF INSTALLING AN ALTERNATIVE FUEL MANAGEMENT
SYSTEM (M&C C-24282)
These documents are being forwarded to you for original signatures from the North Central Texas
Council of Governments. All signed copies of the contract must be returned with original
signatures for final processing.
Failure to return the documents will delay the final processing of the contract. Once we have
received all of the documents, we will assign a contract number. Thank you in advance for your
cooperation.
If you have any questions, please call me at 817-392-6090.
Attached: 3 sets