HomeMy WebLinkAboutContract 41736CFITY SECRETARY
CONTRACT NO. tis lei 3, co
STATE OF TEXAS
KNOWN ALL BY THESF PRESENTS
COUNTY OF TARRANT
This Contract is entered into by and between the City of Fort Worth ("City"), a home -rule
municipality located within Tarrant, Denton, Parker, and Wise Counties, Texas, acting
through Fernando Costa its duly authorized Assistant City Manager, and Gresham,
Smith and Partners, ("Contractor"), acting through David King its duly authorized
Division Vice President. City and Contractor may be referred to herein individually as a
Party, or collectively as the Parties.
WITNESSE T H:
That for and in consideration of mutual covenants and agreements herein contained,
the Parties hereto mutually agree as follows:
ARTICLE 1.
DEFINITIONS
City means the City of Fort Worth.
Contract Documents means this contract and attachments, the Request for Proposals,
attachments, pre -bid amendments, and appendices to the Request for Proposals, the
Contractor's Proposal, and all ancillary documents submitted by the Contractor with
respect to this project.
Contractor means Gresham, Smith and Partners.
Unlimited rights as used in this contract, means the right of the City to use, disclose,
reproduce, prepare derivative works, distribute copies to the public, and perform publicly
and display publicly, in any manner and for any purpose, and to have or permit others to
do so.
ARTICLE 2.
SERVICES
Contractor hereby agrees to perform as an independent contractor the services set forth
in the Scope of Work attached hereto as Attachment "A". These services shall be
referred to as Sustainability Action Plan Education and Outreach Project or "Project".
Additional services, if any, will be requested in writing by the City. City_shall not pay for
any work performed by Contractor or its subcontractors, subcontractors and/or suppliers
pp
that has not been ordered in writing. Contractor shall not be compensated for any work
that is verbally ordered by any person and shall rely only upon written authorization to
conduct work.
Professional Services Contract — Sustainability Action Plan
City of Fort VVorth and Gresham, Smith and Partners
OFFICIAL RECORD
CITVfiefifE512ARY
FT.WORTH; TX
ARTICLE 3
COMPENSATION
Section 1.
Contractor shall be compensated in accordance with the Fee Schedule shown in
Attachment "B". Payment shall be considered full compensation for all labor, materials,
supplies, and equipment necessary to complete the services described in Attachment
"A", however the total fee paid by the City shall not exceed a total of $89,500.00 unless
the City and the Contractor mutually agree upon a fee amount for additional services
and amend this Agreement in writing accordingly.
Section 2.
The Contractor shall provide invoices to the City as specified in Attachment B. Payment
for services rendered shall be due within thirty (30) days of the City's receipt of a
deliverable item and receipt by City of Contractor s acceptable invoice for payment of
same In the event of a disputed or contested billing only that portion so contested may
be withheld from payment and the undisputed portion will be paid. No interest will
accrue on any contested portion of the billing until mutually resolved. City will exercise
reasonableness in contesting any billing or portion thereof.
ARTICLE 4
TERM
Unless terminated pursuant to the terms herein, this Agreement shall be for a term of
one year, beginning upon the date of its execution, or until the completion of the subject
matter contemplated herein, whichever occurs later.
ARTICLE 5
INDEPENDENT CONTRACTOR
Contractor shall operate hereunder as an independent contractor, and not as an officer,
agent, servant, or employee of the City. Contractor shall have exclusive control of and
the exclusive right to control the details of its work to be performed hereunder and all
persons performing same, and shall be solely responsible for the acts and omissions of
its officers, agents, employees, contractors and subcontractors. The doctrine of
respondeat superior shall not apply as between City and Contractor, its officers, agents,
employees, contractors and subcontractors, and nothing herein shall be construed as
creating a partnership or joint venture between City and Contractor.
ARTICLE 6
PROFESSIONAL COMPETENCE AND INDEMNIFICATION
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Work performed by Contractor shall comply in all aspects with all applicable local, state
and federal laws and with all applicable rules and regulations promulgated by the local,
state and national governmental agencies. Approval by the City shall not constitute or
be deemed to be a release of the responsibility and liability of Contractor or its officers,
agents, employees, contractors and subcontractors for the accuracy and competency of
its services performed hereunder, which shall be performed in accordance with the
applicable professional standards of competence and care.
Subject to any limitations in accordance with Texas Local Government Code Section
271.904, the Contractor shall indemnify and hold harmless the City against liability for
any damage caused by or resulting from an act of negligence intentional tort,
intellectual property infringement, or failure to pay a subcontractor or supplier committed
by the Contractor or Contractor's agent, contractor under contract, or another entity over
which the Contractor s exercises control.
ARTICLE 7
INTELLECTUAL PROPERTY
Section 1.
Rights in data.
The City shall have unlimited rights in all data delivered under this contract, and in all
data first produced in the performance of this contract.
Section 2.
Intellectual property rights and ownership.
All work product developed by Contractor under this contract shall be the sole property
of the City and the City shall have unlimited rights in such work product. All work
product developed by Contractor under this contract shall be considered 'work for hire"
and rights, title and interests to all intellectual property shall vest in the City Contactor
affirmatively, by executing this contract, disclaims all such intellectual property interests
in favor of the City.
In the event that any rights, title, or interest shall by operation of law or otherwise fail to
vest in the City or become void or voidable, Contractor shall a) transfer all rights, title,
and interest to intellectual property to the City or alternatively and at the discretion of
the City the Contractor shall b) grant an unlimited and exclusive license for publication,
sale, reproduction, or use by the City and its authorized sublicensees of all intellectual
property developed under this contract. Contractor agrees to timely execute any
documents or take any other actions as may reasonably be necessary, or as the City
may reasonably request, to perfect the City's ownership, license, or other rights to any
work product.
Contractor shall not use sell, transfer or authorize a third party to use any work
product, copyrights, trademarks, or other intellectual property (or derivatives thereof) of
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the work product developed under this contract without the express written consent of
the City.
ARTICLE 8.
INSURANCE
Section 1.
Contractor shall not commence work under this Agreement until it has obtained all
insurance required under this Article and the City has approved such insurance, nor
shall Contractor allow any subcontractor to commence work on its subcontract until all
similar insurance of the subcontractor has been so obtained and approval given by the
City; provided, however, Contractor may elect to add any subcontractor as an additional
insured under its liability policies.
Commercial General Liability
$1,000,000 each occurrence
$1,000,000 aggregate
Professional Liability Insurance
$1,000,000 each occurrence; $1,000,000 aggregate
Automobile Liability
$1,000,000 each accident (or reasonably equivalent limits of
coverage if written on a split limits basis). Coverage shall be
on any vehicle used in the course of the Project.
Worker's Compensation
Coverage A: statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
Section 2.
Additional Insurance Requirements
a. Except for employer's liability insurance coverage under Contractor's worker's
compensation and professional liability insurance policies, the City, its
officers, and employees shall be endorsed as an additional insured on
Contractor s insurance policies required under this Article.
b. Certificates of insurance shall be delivered to the City prior to commencement of
work.
c. Any failure on part of the City to request required insurance documentation
shall not constitute a waiver of the insurance requirements specified herein.
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d Each insurance policy shall be endorsed to provide the City a minimum thirty
days notice of cancellation per standard ISO ACORD form wording.
e. Insurers must be authorized to do business in the State of Texas and have a
current A.M. Best rating of A: VII or equivalent measure of financial strength
and solvency.
f. Other than worker's compensation insurance, in lieu of traditional insurance,
City may consider alternative coverage or risk treatment measures through
insurance pools or risk retention groups. The City must approve in writing any
alternative coverage.
g. City shall not be responsible for the direct payment of insurance premium
costs for Contractor's insurance.
h. Contractor's insurance policies shall each be endorsed to provide that such
insurance is primary protection and any self -funded or commercial coverage
maintained by City shall not be called upon to contribute to loss recovery.
i. In the course of the Agreement, Contractor shall report, in a timely manner, to
City's officially designated contract administrator any known loss occurrence
which could give rise to a liability claim or lawsuit or which could result in a
property loss
j. Contractor's liability shall not be limited to the specified amounts of insurance
required herein.
k. In the event of a material claim against the Contractor and upon the request
of City, Contractor shall provide complete copies of all insurance policies
required by these Agreement documents.
ARTICLE 9.
TRANSFER OR ASSIGNMENT
City and Contractor each bind themselves, and their lawful successors and assigns, to
this Agreement. Contractor has been engaged as a consequence of Contractor's
specific and unique skills; Assignment will only be granted under
unusual circumstances and at the sole discretion of the City. Contractor, its lawful
successors and assigns, shall not assign, sublet or transfer any interest in this
Agreement without pnor written consent of the City.
ARTICLE 10.
RIGHT TO AUDIT
(a) Contractor agrees that the City shall, until the expiration of three (3) years after final
payment under this Agreement, have access to and the right to examine any directly
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pertinent books, documents, papers and records of Contractor involving transactions
relating to this Agreement. Contractor agrees that the City shall have access during
normal working hours to all necessary facilities and shall be provided adequate and
appropriate workspace in order to conduct audits in compliance with the provisions
of this section. City shall give Contractor reasonable advance notice of intended
audits.
(b) Contractor further agrees to include in all its subcontracts hereunder, a provision to
the effect that the subcontracting contractor agrees that the City shall, until the
expiration of three (3) years after final payment under the subcontract, have access
to and the right to examine any directly pertinent books, documents, papers and
records of such subcontractor, involving transactions to the subcontract, and further,
that City shall have access during normal working hours to all subcontractor
facilities, and shall be provided adequate and appropriate work space in order to
conduct audits in compliance with the provisions of this article. City shall give
Contractor and any subcontractor reasonable advance notice of intended audit.
(c) Contractor and subcontractors agree to photocopy such documents as may be
requested by the City. The City agrees to reimburse Contractor for the cost of copies
at the rate published in the Texas Administrative Code in effect as of the time copying
is performed.
ARTICLE 11.
NON-DISCRIMINATION
During the performance of this contract, Contractor shall not discriminate in its
employment practices and shall comply with all applicable provisions of Chapter 17,
Article III of the Code of the City of Fort Worth.
Contractor agrees not to discriminate against any employee or applicant for
employment because of because of age, race, color, religion, sex, disability, national
origin, sexual orientation, transgender, gender identity or gender expression in any
manner involving employment, including the recruitment of applicants for employment,
advertising, hiring, layoff, recall, termination of employment, promotion, demotion,
transfer, compensation, employment classification, training and selection for training or
any other terms, conditions or privileges of employment.
Contractor agrees to post in conspicuous places, available to employees and applicants
for employment, notices setting forth the provisions of the non-discrimination clause.
Contractor also agrees that in all solicitations or advertisements for employees placed
by or on behalf of this contract, that Contractor is an equal opportunity employer.
Notices, advertisements, and solicitations placed in accordance with federal law, rule or
regulation shall be deemed sufficient for the purpose of meeting the requirements of this
section.
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ARTICLE 12.
MINORITY AND WOMAN BUSINESS ENTERPRISE
(M/WBE) PARTICIPATION
In accordance with City Ordinance No. 15530, the City has goals for the participation of
minority business enterprises and woman business enterprises ("M/WBE") in City
contracts. Contractor agrees to a minimum M/WBE participation in accordance with its
proposal and the aforementioned ordinance or to the M/WBE participation rate as
specified in its proposal, whichever is higher. Contractor acknowledges the M/WBE
goal established for this Agreement and its commitment to meet that goal. Any
misrepresentation of facts (other than a negligent misrepresentation) and/or the
commission of fraud by the Contractor may result in the termination of this Agreement
and debarment from participating in City contracts for a period of time of not less than
three (3) years.
ARTICLE 13.
OBSERVE AND COMPLY
Contractor shall at all times observe and comply with all federal, state, and local laws and
regulations and with all City ordinances and regulations which in any way affect this
Agreement and the work hereunder, and shall observe and comply with all orders, laws
ordinances and regulations which may exist or may be enacted later by governing bodies
having jurisdiction or authority for such enactment No plea of misunderstanding or
ignorance thereof shall be considered. Contractor agrees to defend, indemnify and hold
harmless City and all of its officers, agents and employees from and against all claims or
liability arising out of the violation of any such order, law, ordinance, or regulation, whether
it be by itself or its employees.
ARTICLE 14.
DEFAULT
If at any time during the terms of this contract the work of the Contractor fails to meet the
specifications of the Contract Documents or to meet the standards of duty, care, or
proficiency of a reasonable and competent Contractor, City may notify the Contractor of
the deficiency in writing. Failure of the Contractor to correct such deficiency and complete
the work required under this contract to the satisfaction of the City within ten (10) days
after written notice shall constitute default, and shall result in termination of this contract.
Contractor shall not be deemed to be in default because of any failure to perform under
this contract if the failure arises solely from causes beyond the control of the Contractor
and without any fault or negligence by the Contractor. Such causes shall include acts of
God, acts of war or terrorism fires, floods, epidemics, quarantine restrictions, labor strikes,
freight embargoes, and events of unusually severe weather.
ARTICLE 15.
TERMINATION
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City may terminate this contract without cause by giving thirty (30) days written notice to
Contractor. In the event of termination, any work in progress will continue to completion
u nless otherwise specified in the notice of termination. If the City terminates this contract
u nder this provision, City shall pay Contractor for all services performed prior to the
termination. Termination shall be without prejudice to any other remedy the City may
have.
All data and completed or partially completed documents and work product prepared
u nder this contract shall be promptly turned over to the City upon termination of this
contract.
ARTICLE 16.
VENUE AND JURISDICTION
If any action whether real or asserted, at law or in equity arises on the basis of any
provision of this Agreement venue for such action shall lie in state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of
Texas — Fort Worth Division. This Agreement shall be construed in accordance with the
laws of the State of Texas.
ARTICLE 17.
SEVERABILITY
The provisions of this Agreement are severable, and if any word, phrase, clause,
sentence, paragraph, section or other part of this Agreement or the application thereof
to any person or circumstance shall ever be held by any court of competent jurisdiction
to be invalid or unconstitutional for any reason, the remainder of this Agreement and the
application of such word, phrase, clause, sentence, paragraph, section, or other part of
this Agreement to other persons or circumstances shall not be affected thereby and this
Agreement shall be construed as if such invalid or unconstitutional portion had never
been contained therein.
ARTICLE 18.
NOTICES
Notices to be provided hereunder shall be sufficient if forwarded to the other Party by
hand -delivery or via U.S. Postal Service certified mail return receipt requested, postage
prepaid, to the address of the other Party shown below:
If to the City:
City of Fort Worth
Planning and Development Department
Attn• Allison Gray, Planning Manager
1000 Throckmorton Street
Fort Worth, Texas 76102-6311
If to the Contractor: Gresham, Smith and Partners.
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City of Fort Worth and Gresham, Smith and Partners
Attn: Laura Fiffick, P.G.
2811 McKinney Avenue, Suite 300
Dallas, TX 75204
ARTICLE 19.
RIGHTS AND REMEDIES NOT WAIVED
In no event shall the making by the City of any payment to Contractor constitute or be
construed as a waiver by the City of any breach of covenant, or any default which may
then exist, on the part of Contractor, and the making of any such payment by the City
while any such breach or default exists shall in no way impair or prejudice any right or
remedy available to the City with respect to such breach or default. Any waiver by
either party of any provision or condition of the contract shall not be construed or
decreed to be a waiver of any other provision or condition of this Contract, nor a waiver
of a subsequent breach of the same provision or condition, unless such waiver be
expressed in writing by the party to be bound.
All costs and attorneys fees incurred by the City in the enforcement of any provision of this
contract shall be paid by the Contractor.
The remedies provided for herein are in addition to any other remedies available to the
City elsewhere in this contract and by law.
ARTICLE 20.
HEADINGS
The headings contained herein are for the convenience in reference and are not
intended to define or limit the scope of any provision of this Agreement.
ARTICLE 21.
COUNTERPARTS
This Agreement may be executed in one or more counterparts and each counterpart
shall for all purposes, be deemed an original, but all such counterparts shall together
constitute but one and the same instrument,
ARTICLE 22.
NO THIRD -PARTY BENEFICIARIES
This Agreement shall inure only to the benefit of the parties hereto and third persons not
pnvy hereto shall not, in any form or manner, be considered a third party beneficiary of
this Agreement Each party hereto shall be solely responsible for the fulfillment of its
own contracts or commitments.
ARTICLE 23.
CONTRACT CONSTRUCTION
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The parties acknowledge that each party and, if it so chooses, its counsel have
reviewed and revised this Agreement and that the normal rule of construction to the
effect that any ambiguities are to be resolved against the drafting party must not be
employed in the interpretation of this Agreement or any amendments or exhibits hereto.
The paragraph headings contained herein are for the convenience in reference and are
not intended to define or limit the scope of any provision of this Contract.
In the event of any conflict between this contract and any other contract documents,
then the terms of this contract shall govern.
ARTICLE 24.
ENTIRETY
This contract, the contract documents and any other documents incorporated by
reference herein are binding upon the parties and contain all the terms and conditions
agreed to by the City and Contractor, and no other contracts, oral or otherwise,
regarding the subject matter of this contract or any part thereof shall have any validity or
bind any of the parties hereto. In the event of any conflict between this contract and any
other contract documents, then the terms of this contract shall govern.
(Remainder of Page Intentionally Left Blank)
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ATTACHMENT A.
SCOPE OF WORK
The City of Fort Worth is seeking professional services related to the City's
Sustainability Action Plan. The accepted proposal by Gresham, Smith and Partners is
hereby incorporated into this contract and the portions of the proposal describing a) the
scope of work, b) the deliverables, and c) the key personnel are agreed among the
parties as specific terms of this contract. In the event of any conflict of terms between
the proposal and this contract shall be resolved in favor of this contract.
Project Approach
The primary goals of the Sustainability Education and Outreach Program (Campaign)
are to:
1. Build awareness of issues terms of social, economical and environmental impacts
2. Inform, encourage and change behaviors that protect preserve and restore the
environment, economy and community — ultimately promoting sustainability
3. Build a coalition of advocates comprised of staff, business and elected leaders,
corporations, neighborhoods, and like-minded groups
4. Identify, create, deploy and manage messaging in a variety of formats for varied
audiences
5. Develop a measurement and assessment tool that displays sustainability progress in
a way that promotes continual improvement
6. Assist with reporting and management of the EECBG grant funding
TASK 1: Project Management and Administration
An initial project kick-off meeting will include:
• Expectations
• Review of Sustainability planning and education process
• Review of scope and budget
• Lines of communication for the project team
• Due dates
• Deliverables
• Progress reporting
Contractor will provide technical and administrative services as needed for contract
completion, monitor, supervise and review all work performed including outside service
providers (e.g., printers); and coordinate budgeting and scheduling to assure that the
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contract is completed within budget, on schedule, and in accordance with approved
procedures and applicable regulations.
TASK 1 Deliverables:
• Monthly or quarterly progress reports
• Ongoing communication with City staff
• Development of communication tools
• Development of project timeline
• Submittal of invoices and deliverables, as defined by the tasks below
TASK 2: Establishment of Baseline
To understand the efforts of past community -based outreach, awareness and
sustainability programs and establish a baseline the team will schedule kick-off
meetings with appropriate City personnel to request and review the following
information:
• Existing sustainability initiatives and progress to date
• GIS data related to residential and commercial water consumption, recycling,
etc.
• Existing education and outreach plans
• Sample of print material (flyers, tip sheets, etc.) and distribution plans
• Types and samples of media advertisement and media schedule
• Types and location of outreach/meetings and 'event" plans
• List of private -public partnerships established with contact information
• Measurable goals of previous efforts
• "Likes' and "dislikes" of previous efforts
• City goals for plan
• Contact list for key personnel
Some of this information will be used to identify (of verify) primary and secondary target
audiences. GIS information will be compiled to determine high consumers of water, low
recyclers, etc., per zip code as well as per parcel and household size. Residents with
high resource consumption or poor recycling will be identified into cluster areas for
grassroots targeting by the Program.
In addition to compiling and analyzing this information and internal and external focus
group will be conducted early in the campaign Rather than investing a major portion of
campaign resources to a baseline study, an alternative approach will be employed.
• Development of a short quantitative survey;
• Conducting a Strength, Weakness, Opportunities, and Threat (SWOT)
analysis;
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• Identification off attitudes and behaviors, as well as messaging format per
focus group results;
• Gathering existing sustainability programs successes and plans for the
future;
• Testing message lines to determine the most effective message/reference
line;
• Developing behavioral matrix to determine behavior patterns and importance
of water conservation and efficiency;
• Tabulation, evaluation and reporting of results; and
• Development of campaign creative and/or media strategies from the results
of the initial focus group.
TASK 2 Deliverables:
• Technical memorandum of GIS compiled information and appropriate maps of
target areas
• Technical memorandum of meeting meetings of internal and external focus
groups
• Guidelines for focus groups
• SWOT analysis results
• Behavioral matrix
• Sustainability matrix
• Technical memorandum identifying primary and secondary target audiences with
campaign strategy and work plan schedule
TASK 3: Creative Development
A creative development budget has been allocated to allow for enhancements to
existing messages if necessary, or the development of additional messages based on
target audience The creative development process involves determining the factors
that lead to behavior changes in the Campaign's target audiences. The target
audiences will be based on a comprehensive analysis of past program efforts combined
with relevant city data. Taking in account the overall budget, we will look to ramp up
efforts at critical times during the year while keeping up city staff involvement, coalition,
grassroots and community outreach programs running year round.
As we (contractor) analyze the data in conjunction with the City, and look to develop
both primary and secondary targets and then build the proper programs under the
scope of the project and the budget. We will look to Zink the right message with
potential target behavior. For target audience could be their children's future, economic
factors, and 'doing the right thing." Secondary target audiences could be greatly
diverse and therefore may have widely varying issues and motivations which we intend
to explore and then target as well.
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The Campaign will attempt to understand and answer the inherent questions that the
target audiences will ask upon hearing our message(s);
• How or why does this impact me?
• What should I do?
• What difference will it make?
Campaign messages will seek to answer these questions, inform our target audiences,
and show benefits Each of the messages will get attention, be understandable, be
focused on an action or desired outcome, appeal to the audience's values and
concerns, demonstrate the relevance of their participation/action and make it easy for
the target audience to implement change. The GS&P team will develop at least three
campaign creative concepts for review.
Final execution will be determined by media selection, the needs of partners and
participating jurisdiction, an available budget, but are proposed to include:
• Awards and recognition programs for staff
• Public service announcements
• Collateral and promotional materials
• YouTube videos
• Subject development for education programs
Focus groups will be conducted after the development of the initial creative to solicit
input.
TASK 3 Deliverables:
Final deliverables are contingent upon media plans and City agreement:
•
•
•
•
At least three (3) creative concepts for review
Report results
Technical memorandum summarizing focus groups and final creative decision
New creative in English and Spanish
YouTube videos
TASK 4: Coalition Development
A major component of the overall campaign will be a comprehensive, multi -tiered city
staff coalition and grassroots program. The coalition effort will seek to leverage current
relationships and extend the campaign's reach throughout the City and community with
like-minded individuals and groups.
Partnership Kit/Collateral Distribution
The GS&P team will distribute a partnership kit to all partners and potential partners,
which resent partnership benefits and opportunities was well as tools for displaying their
support of the Program The support of these relationships includes coordinating
o utreach materials or messages, promoting the partner's interest that are shared with
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the Program, participating in key activities and events, and suggesting or developing
win -win opportunities. A calendar of events will be developed to keep all partnership
activities on the same page. Changes and developments in media from the previous
year may impact the availability or recommended change in partnership pursuits.
Event Planning/Participation
We will work with City to create an event plan for prioritizing events establishing the
goals of the events (general or specific to the event), and determining who will represent
the Program at key events. The available resources will be reviewed to determine the
need for any outreach materials, exhibits or activities. In particular the team will look
for:
• Partner events
• Relevant holidays or observances (Earth Day, Arbor Day, etc.)
• Media schedules
A survey will be utilized to evaluate the events and determine the value of Program
participation in the selected events. Based on the survey and staff experiences, the
GS&P team will examine and recommend any changes or improvements to the event
plan. In addition, prioritization of sponsorships will be determined and recommended to
the City.
TASK 4 Deliverables:
• Stakeholders list
• Outline of creative partnership opportunities/scenarios
• Event Plan
• Participation/representation at select events
TASK 5: Comprehensive Grassroots/Public Relations
The GS&P team will develop, launch and implement an aggressive City staff-,
community- and neighborhood -based grassroots program to create an effective echo
chamber in tandem with any and all paid media and coalition components. It will be
year-round and built upon creative ways to continually reach and remind our target
audiences. The Program will look to build upon current successful programs as well as
develop new programs. We II also look to have a presence at relevant community
events as well as look to host such events where applicable.
A strong grassroots outreach program is enhanced by an effective public relations
campaign. We will look to link the two together to amplify our message throughout the
targeted area and community.
Media and Public Relations
Public and press relations will increase audience awareness and understanding of
current events and activities that affect the community- social, economic and
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environmental. The GS&P team will communicate to the media items of interest or
relevance to the goals/messages of the Program.
Other times, we will look to craft a relevant news story based on general conditions,
planned or anticipated events, or current trends. PR can also be an important option to
creating awareness of something specific that is not covered in the media plan/paid
messages or in support of the Program s participation in a partner event.
Materials will also be emailed to coalition partners for their use and distribution, and/or
loaded to the website for download. The GS&P team will seek participation from
community calendars in print, TV and radio for no -cost announcement of events,
programs and activities.
TASK 5 Deliverables:
• Grassroots Activity Plan — Generate buzz through events and recruit/manage
allies
• Staff- and Community -based Outreach Plan- youth programs/awareness
campaigns and year-round community activities/programs
• Comprehensive PR Plan- Press contact data and media tracking
• Event Plan- Capitalize on existing events by identifying local events and
inserting messaging points; and identification of local voices for potential
spokespeople(s)
TASK 6- Development of Value -Added Resources
The media offers excellent value added opportunities. Opportunities include by are not
limited to:
• Contests to provide city staff and public awareness and incentive
• Public Service Announcements/donated airtime or space
• Sponsorships
• On -site events
• Web links
• Cross -promotions with other medial clients wand with the stations/publications
The GS&P team will explore new methods and channels of distribution for campaign
messages, as well as activities or opportunities to encourage desired outcome from the
audience and reinforce the positive impact of that action.
TASK 7- Development of After School/Weekend Program
Education and public outreach are essential to any efforts to influence efficient use of
resources. When discussing a natural resource such as water and its future, a major
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component of any education and awareness campaign must focus on youth and the
future generations.
The GS&P team will work with the City and Fort Worth Independent School District
(FWISD) to offer the following education programs to help students become aware of
the importance of resource conservation, appreciate their relationship to the
environment and learn how they can play a key role in protecting our resources now
and in the future. We will schedule meeting with the City's coordinators and solicit their
input related to the after school/weekend program.
The team will develop the following activities to promote a youth education program.
• Home Resource Use Survey- To help students engage the entire family in
conservation
• Poster Contest — Sponsor a poster contest to help remind students about the
importance of sustainability
• Kid's Pledge to be Sustainable
• Education game
• Distribution of activities to schools, area libraries, after -school programs,
recreation center, etc.
TASK 7 Deliverables:
• School program work plan and timeline
• Home Water Use Survey
• Kid's Pledge to be Sustainable
• Education games
TASK 8: Planning and Coordination of a City -Wide Sustainability Symposium
The team will plan and coordinate a Sustainability Symposium. Responsibilities will
include:
1. recommendation of venue
2. negotiation of final venue
3. preparation of draft agenda and list of potential speakers
4. invitation to speakers (request for abstracts)
5. solicitation of sponsors and vendors
6. coordination of symposium
In addition, the team will recommend dates for the symposium.
TASK 8 Deliverables:
• Tentative dates for symposium
• List of venues
• Draft agenda and speakers
• Invitation of speakers
• Identification and solicitation of sponsors and vendors
• Coordination and facilitation of symposium
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• Design of requested promotional items
TASK 9m Design Website
The team will design an interactive internal and external website. The internal site will
include city sustainability information. The external site will provide a venue to
communicate regarding sustainability as well as interactive items including user-friendly
map(s) of a typical home or business with area of high resource consumption. We will
seek to incorporate other website tools for use by educators and students as the
Program advances.
TASK 9 Deliverables:
• Technical memorandum with recommendations for updates
• Updates to website
TASK 10: Establish Measures for Evaluating Effectiveness of Program
We will establish measures for evaluating the effectiveness of the program as well as
criteria for an effective measurement tool that can be put into use by the City and easily
updated Initial criteria — that will be identified by the ease of tracking availability of
data, ability to normalize and demonstrate progress- will be submitted to the City for
consideration. The measurement tool will provide outputs in a report format and will
feature an interface that can create graphs and charts to be uploaded into reports or
presentations. This tool can also be developed to assist with the tracking of marketing
efforts and the public response, including the tracking of questions and answers
provided to the public on environmental and/or sustainability planning ideas. The
deliverable for this task will include an introduction and explanation of the tool, a display
of the factors and calculations used, and the list of activities and equations used to
calculate the emissions. The intent is to avoid a "black box" tool while providing as easy
to use and replicable took for the City to update.
Upon review, the GS&P team will finalize the measures and develop the measurement
tool. The GS&P team will also provide training to City staff on tool management
TASK 10 Deliverables:
• Technical memorandum of recommended measures and tools
• Development and launch of tool
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ATTACHMENT B
FEE SCHEDULE
Paces for professional services rendered under this contract will be as specified in the
schedule below. The total fee for service under this contract shall not exceed
$89,500.00. The agreed price for professional services shall be based upon a flat rate
for each task or deliverable.
• Task 1: Project Kick -Off Meeting and Coordination $2,560
• Task 2• Establishment of Baseline $8,570
• Task 3: Creative Development $15,925
• Task 4: Coalition Development $$10,900
• Task 5: Comprehensive Grassroots Program/ Pubic Relations $9,430
• Task 6: Development of Value Added Resources $2,925
• Task 7: Development of After School and Weekend Program $9,420
• Task 8: Planning and Coordination of a City-wide Sustainability Symposium
$6,650
• Task 9• Establish Measures and Develop Measurement Tool for Evaluating
Program Effectiveness $13,380
• Task 10: Website Design $9,740
• Total Costs $89,500
P ayment shall be made in three installments:
P ayment One - invoice due after the delivery of the Kick -Off meeting, Establishment of
Baseline and Creative Development $27,055
P ayment Two - invoice due after the delivery of Performance Measures, Website
Development and %/2 of Coalition Development (Partnership Kit): $28,570
Payment Three - invoice due upon completion of all remaining work specified in this
contract including but not limited to the delivery of the Coalition Development (Event
P lan), Public Relations, After School Program, Value Added Resources and the
S ustainability Symposium: $33,875
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ATTACHMENT C.
ADDITIONAL REQUIREMENTS
ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT (EECBG) —
AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) PROJECT
All contracts funded in whole or in part by EECBG funds shall comply with the following:
1. Ensure the safety and structural integrity of any repair, replacement, construction,
and or alteration performed.
2. Comply with provisions of the City of Fort Worth EECBG Waste Stream Plan
attached hereto.
3. Submit Information in Support of ARRA Reporting by the 4th day of each month,
including financial, job creation/retention and performance progress reports Submit
backup documentation for expenditures of funds under ARRA including such items
as timecards, invoices, and validation of purchasing American made goods.
4. Submit to City on a weekly basis: (1) Payroll, (2) Statement of Compliance -for each
payroll, as applicable for all laborers and mechanics, for services and activities
accomplished by Contractor in performance of this Contract. Payroll and the
Statement of Compliance must be signed by a duly authorized agent of the
Contractor and submitted each Friday of the week following the week being
reported.
5. Upon identification of possible breaches of contract, and prior to exercising its
termination rights under this Contract for breach, City may elect to exercise any of
the following administrative remedies:
a. issuance of warning letter indicating that further failure to comply with
applicable requirements will result in serious sanction and giving
Contractor a limited time to correct the deficiency;
b. placing conditions upon award of future grants;
c. directing Contractor to stop incurring costs until the deficiency is corrected
and the correction is verified;
d. requiring repayment of previously reimbursed grant funds; or
e. reducing the amount of pending grant awards or disallowing future awards
to Contractor.
f. The City's election to exercise any, all, or none of the aforementioned
administrative remedies does not act as a waiver of any of City's other
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City of Fort Worth and Gresham, Smith and Partners
rights or remedies under the law or this Contract for the enforcement of
this Contract or the recovery of any damages relating to Contractor's
actions or inactions relating to the Program, EECBG funds, and/or this
Contract.
6. Follow mandatory standards and policies relating to energy efficiency which are
contained in the state energy conservation plan issued in compliance with the
Energy Policy and Conservation Action (Pub L. 94A 163, 89 Stat. 871), (53 FR
8068, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19642, Apr. 19, 1995).
7. Comply with 10 CFR 600 which outlines DOE requirements and regulations
pertaining to patent rights with respect to any discovery or invention which arises or
is developed in the course of or under this contract.
8. Comply with 10 CFR 600 which outlines DOE requirements and regulations
pertaining to copyrights and rights in data.
SUBRECIPIENT OR SUBCONTRACTOR FLOWDOWN REQUIREMENTS
Subawardees who receive federal funds under an assistance agreement shall comply
with the flow down requirements for subawardees specified in the "Special Provisions
Relating to Work Funded under American Recovery and Reinvestment Act of 2009"
which apply to this award. Additionally, as required by 10 CFR 600.2(b), 10 CFR
600.236, and 10 CFR 600 237 any new, continuation, or renewal award and any
subsequent subaward shall comply with any applicable Federal statute, Federal rule,
Office of Management and Budget (OMB) Circular and Government -wide guidance in
effect as of the date of such award. These requirements include, but are not limited to
the following:
a. DOE Assistance Regulations, 10 CFR Part 600 at http://ecfr.gpoaccess.gov.
b. In addition to 10 CFR 600, Appendix A, Generally Applicable Requirements, the
National Policy Assurances to Be Incorporated as Award Terms in effect on date
of award at http://management.energv.gov/business doe/1374.htm apply.
c. 2 CFR 215, ` Uniform Administrative Requirements for Grants and Agreements
with Institutions of Higher Education, Hospitals, and Other Non -Profit
Organizations (OMB Circular A-110).'
d. OMB Circular A-102, "Grants and Cooperative Agreements with State and Local
Governments" Common Rules.
OMB Circular A-21 "Cost Principles for Educational Institutions," OMB Circular
A-87, "Cost Principles for State Local and Indian Tnbal Governments,' OMB
Circular A-122, "Cost Principles for Non -Profit Organizations," or FAR at 48 CFR
Part 31, 'Contract Cost Principles and Procedures," for Profit Organizations, as
applicable.
f. OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit
Organizations."
g. Subawardee Application/proposal as approved by DOE
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SUBGRANT FLOWDOWN PROVISIONS FOR EECBG FINANCIAL ASSISTANCE
AWARDS
SPECIAL TERMS AND CONDITIONS
Table of Contents
Number Subiect Page
1. RESOLUTION OF CONFLICTING CONDITIONS 23
2. STATEMENT OF FEDERAL STEWARDSHIP 23
3. SITE VISITS 23
4. REPORTING REQUIREMENTS 23
5. PUBLICATIONS 23
6. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS 24
7. LOBBYING RESTRICTIONS 24
8. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS 24
9. HISTORIC PRESERVATION 24
10. WASTE STREAM 25
11. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (May 2009)
12. REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION
1512 OF THE RECOVERY ACT 28
13. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE
EQUIPMENT AND PRODUCTS -- SENSE OF CONGRESS 29
14. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED
GOODS — SECTION 1605 OF THE AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009 29
15. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED
GOODS (COVERED UNDER INTERNATIONAL AGREEMENTS) —
SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT
ACT OF 2009 32
16. WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE
RECOVERY ACT 36
17. DAVIS-BACON ACT AND CONTRACT WORKHOURS AND SAFETY
STANDARD ACT 36
18. PROCUREMENT 25
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1. RESOLUTION OF CONFLICTING CONDITIONS
This contract is funded by a federal grant under the American Recovery and
Reinvestment Act (ARRA). In case of any inconsistency between this contract
and federal statutes, regulations, or the terms and conditions of the applicable
DOE funding award (collectively referred to as "federal requirements"), then the
federal requirements shall prevail.
2. STATEMENT OF FEDERAL STEWARDSHIP
DOE will exercise normal Federal stewardship in overseeing the project activities
performed under this award. Stewardship activities include, but are not limited
to, conducting site visits- reviewing performance and financial reports; providing
technical assistance and/or temporary intervention in unusual circumstances to
correct deficiencies which develop during the project; assuring compliance with
terms and conditions; and reviewing technical performance after project
completion to ensure that the award objectives have been accomplished.
3. SITE VISITS
The City of Fort Worth and the DOE's authorized representatives have the right
to make site visits at reasonable times to review project accomplishments and
management control systems and to provide technical assistance, if required.
You must provide, and must require your subawardees to provide, reasonable
access to facilities, office space resources, and assistance for the safety and
convenience of the government representatives in the performance of their
duties. All site visits and evaluations must be performed in a manner that does
not unduly interfere with or delay the work.
4. REPORTING REQUIREMENTS
a Requirements. The reporting requirements for this award are identified on
the Federal Assistance Reporting Checklist, DOE F 4600.2, attached to this
award. Failure to comply with these reporting requirements is considered a
material noncompliance with the terms of the award Noncompliance may result
in withholding of future payments, suspension or termination of the current
award, and withholding of future awards. A willful failure to perform, a history of
failure to perform, or unsatisfactory performance of this and/or other financial
assistance awards, may also result in a debarment action to preclude future
awards by Federal agencies.
b. Additional Recovery Act Reporting Requirements are found in the Provision
below labeled: "REPORTING AND REGISTRATION REQUIREMENTS UNDER
SECTION 1512 OF THE RECOVERY ACT.'
5. PUBLICATIONS
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An acknowledgment of DOE support and a disclaimer must appear in the
publication of any material, whether copyrighted or not, based on or developed
under this project, as follows:
Acknowledgment: "This material is based upon work supported by the
Department of Energy under Award Number DE-EE0000963."
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. '
6. FEDERAL, STATE, AND MUNICIPAL REQUIREMENTS
You must obtain any required permits, ensure the safety and structural integrity
of any repair, replacement construction and/or alteration, and comply with
applicable federal, state, and municipal laws, codes, and regulations for work
performed under this award.
7 LOBBYING RESTRICTIONS
By accepting funds under this award, you agree that none of the funds obligated
on the award shall be expended, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before Congress, other
than to communicate to Members of Congress as described in 18 U.S C. 1913.
This restriction is in addition to those prescribed elsewhere in statute and
regulation.
8. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) REQUIREMENTS
The work to be performed under this contract has been evaluated under National
Environmental Policy Act requirements and has been deemed to be categorically
excluded (documentation will be provided by the City upon request of the
Contractor). Contractor shall not expand the scope of work to exceed the
categorical exclusion.
9. HISTORIC PRESERVATION
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City of Fort Worth and Gresham, Smith and Partners
Contractor shall avoid taking any action that results in an adverse effect to
historic properties in violation of the National Historic Preservation Act (NHPA).
P rior to the expenditure of Project funds to alter any historic structure or site, the
Recipient or subrecipient shall ensure that it is compliant with Section 106 of the
N ational Historic Preservation Act (NHPA), consistent with DOE's 2009 letter of
delegation of authority regarding the NHPA. Section 106 applies to historic
properties that are listed in or eligible for listing in the National Register of
Historic Places. If applicable, the Recipient or subrecipient must contact the
State Historic Preservation Officer (SHPO) and the Tribal Historic Preservation
Officer (THPO) to coordinate the Section 106 review outlined in 36 CFR Part
800. SHPO contact information is available at the following link:
http•//www ncshpo.orq/find/index.htm. THPO contact information is available at
the following link: http://www nathpo.orq/map.html . Section 110(k) of the NHPA
applies to DOE funded activities.
If applicable, the Recipient or subrecipient certifies that it will retain sufficient
documentation, to demonstrate that the Recipient or subrecipient has received
required approval(s) from the SHPO or THPO for the Project.
10. WASTE STREAM
The Recipient assures that it will create or obtain a waste management plan
addressing waste generated by a proposed Project prior to the Project
generating waste This waste management plan will describe the Recipient's or
subrecipient's plan to dispose of any sanitary or hazardous waste (e.g.,
construction and demolition debris, old light bulbs lead ballasts, piping, roofing
material, discarded equipment, debris, and asbestos) generated as a result of the
proposed Project. The Recipient shall ensure that the Project is in compliance
with all Federal, state and local regulations for waste disposal. The Recipient
shall make the waste management plan and related documentation available to
DOE on DOE's request (for example, during a post -award audit).
11. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009)
A. Prohibition on Use of Funds
N one 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
S tate or local government, or any private entity, for any casino or other gambling
establishment, aquarium, zoo, golf course, or swimming pool.
B. 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
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City of Fort Worth and Gresham, Smith and Partners
an appropriate inspector general appointed under section 3 or 8G of the
Inspector General Act of 1988 (5 U.S.C. App.) or of the Comptroller General is
authorized --
(1) to examine any records of the contractor or grantee, any of its
subcontractors or subgrantees, or any State or local agency administering such
contract that pertain to and involve transactions that relate to, the subcontract,
subcontract, grant, or subgrant; and
(2) to interview any officer or employee of the contractor, grantee, subgrantee,
or agency regarding such transactions.
C. Publication
An application may contain technical data and other data, including trade secrets
and/or privileged or confidential information, which the applicant does not want
disclosed to the public or used by the Government for any purpose other than the
application. To protect such data, the applicant should specifically identify each
page including each line or paragraph thereof containing the data to be protected
and mark the cover sheet of the application with the following Notice as well as
referring to the Notice on each page to which the Notice applies:
Notice of Restriction on Disclosure and Use of Data
All information provided by the Contractor should be presumed to be public
information and available to the public for review. Information that the Contractor
claims is proprietary and confidential must be clearly marked at the top of each page
in red text of at least a 14 point font. In addition, the report or collection of data
claimed as proprietary must be prefaced with a cover stating that such claimed
proprietary information is contained in pages identified by the document's page
number Information provided by the Contractor is subject to the Texas Public
Information Act and may be disclosed as allowed or required by law. Contractor
agrees that determinations of public information shall be at the sole discretion of the
City and that determination of status as public information by the Office of the
Attorney General shall be binding upon the Contractor.
Information which is the work product of this contract may not be claimed as
proprietary and the City of Fort Worth and DOE shall have the right to use or
disclose the data freely. This restriction does not limit the Government's right
to use or disclose data obtained without restriction from any source, including
the applicant. City shall have all right in data for the work product of this
contract and an unlimited license to publish reports and data as the City
deems fit and at its sole discretion.
Information about this agreement may be published on the Internet and linked to the
website www.recovery.gov, maintained by the Accountability and Transparency
Board. The Board may exclude posting contractual or other information on the
website on a case -by -case basis when necessary to protect national security or to
protect information that is not subject to disclosure under sections 552 and 552a of
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City of Fort Worth and Gresham, Smith and Partners
title 5, United States Code.
D. Protecting State and Local Government and Contractor Whistleblowers
The requirements of Section 1553 of the Act are summarized below. They include,
but are not limited to:
Prohibition on Reprisals: An employee of any non -Federal employer receiving
covered funds under the American Recovery and Reinvestment Act of 2009, Pub. L.
111-5, may not be discharged, demoted, or otherwise discriminated against as a
reprisal for disclosing, including a disclosure made in the ordinary course of an
employee's duties, to the Accountability and Transparency Board, an inspector
general, the Comptroller General, a member of Congress, a State or Federal
regulatory or law enforcement agency, a person with supervisory authority over the
employee (or other person working for the employer who has the authority to
investigate, discover or terminate misconduct), a court or grant jury, the head of a
Federal agency, or their representatives information that the employee believes is
evidence of.
- gross management of an agency contract or grant relating to covered funds;
- a gross waste of covered funds;
- a substantial and specific danger to public health or safety related to the
implementation or use of covered funds;
- an abuse of authority related to the implementation or use of covered funds; or
- as violation of law, rule, or regulation related to an agency contract (including
the competition for or negotiation of a contract) or grant, awarded or issued relating
to covered funds.
Agency Action: Not later than 30 days after receiving an inspector general report of
an alleged reprisal, the head of the agency shall determine whether there is
sufficient basis to conclude that the non -Federal employer has subjected the
employee to a prohibited reprisal. The agency shall either issue an order denying
relief in whole or in part or shall take one or more of the following actions:
- Order the employer to take affirmative action to abate the reprisal.
- Order the employer to reinstate the person to the position that the person held
before the reprisal together with compensation including back pay, compensatory
damages, employment benefits, and other terms and conditions of employment that
would apply to the person in that position if the reprisal had not been taken.
- Order the employer to pay the employee an amount equal to the aggregate
amount of all costs and expenses (including attorneys' fees and expert witnesses'
fees) that were reasonably incurred by the employee for or in connection with,
bringing the complaint regarding the reprisal, as determined by the head of a court of
competent jurisdiction.
Non -enforceability 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
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arbitration agreement. No pre -dispute arbitration agreement shall be valid or
enforceable if it requires arbitration of a dispute arising out of this section.
Requirement to Post Notice of Rights and Remedies: Any employer receiving
covered funds under the American Recovery and Reinvestment Act of 2009, Pub. L.
111-5 shall post notice of the rights and remedies as required therein. (Refer to
section 1553 of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-
5, www.Recovery gov, for specific requirements of this section and prescribed
language for the notices.).
E False Claims Act
Recipient and sub -recipients shall promptly refer to the DOE or other appropriate
Inspector General any credible evidence that a principal, employee, agent,
contractor, sub -grantee, subcontractor or other person has submitted a false claim
under the False Claims Act or has committed a criminal or civil violation of laws
pertaining to fraud, conflict of interest, bribery, gratuity or similar misconduct
involving those funds.
F. Information in Support of Recovery Act Reporting
Recipient may be required to submit backup documentation for expenditures of
funds under the Recovery Act including such items as timecards and invoices.
Recipient shall provide copies of backup documentation at the request of the
Contracting Officer or designee.
G Additional Funding Distribution and Assurance of Appropriate Use of Funds
Certification by Governor — For funds provided to any State or agency thereof by the
American Reinvestment and Recovery Act of 2009, Pub. L. 111-5, the Governor of
the State shall certify that 1) the state will request and use funds provided by the
Act; and 2) the funds will be used to create jobs and promote economic growth.
Acceptance by State Legislature -- If funds provided to any State in any division of
the Act are not accepted for use by the Governor, then acceptance by the State
legislature, by means of the adoption of a concurrent resolution, shall be sufficient to
provide funding to such State,
Distribution -- After adoption of a State legislature's concurrent resolution, funding to
the State will be for distribution to local governments, councils of government, public
entities, and public -private entities within the State either by formula or at the State's
discretion.
12.REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512
OF THE RECOVERY ACT
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(c) Recipients and their first -tier subrecipients must maintain current
registrations in the Central Contractor Registration (http.//www.ccr.gov) at all
times during which they have active federal awards funded with Recovery
Act funds. A Dun and Bradstreet Data Universal Numbering System (DUNS)
Number (http://www.dnb.com) is one of the requirements for registration in
the Central Contractor Registration.
13. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT
AND PRODUCTS -- SENSE OF CONGRESS
It is the sense of the Congress that, to the greatest extent practicable, all equipment
and products purchased with funds made available under this award should be
American made.
*Special Note: Definitization of the Provisions entitled, "REQUIRED USE OF
AMERICAN IRON, STEEL, AND MANUFACTURED GOODS — SECTION 1605 OF
THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009' and
"REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS
(COVERED UNDER INTERNATIONAL AGREEMENTS) — SECTION 1605 OF THE
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009" will be done upon
definition and review of final activities.
14.REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED
GOODS — SECTION 1605 OF THE AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009
If the Recipient determines at any time that any construction, alteration, or repair
activity on a public building or public works will be performed during the course of
the project, the Recipient shall notify the Contracting Officer prior to commencing
such work and the following provisions shall apply.
(a) Definitions. As used in this award term and condition—
(1) Manufactured good means a good brought to the construction site for
incorporation into the building or work that has been
(i) Processed into a specific form and shape; or
(ii) Combined with other raw material to create a material that has different
properties than the properties of the individual raw materials.
(2) Public building and public work means a public building of, and a public work of,
a governmental entity (the United States the District of Columbia; commonwealths,
territories, and minor outlying islands of the United States; State and local
governments; and multi -State, regional, or interstate entities which have
governmental functions) These buildings and works may include, without limitation,
bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers,
mains, power lines, pumping stations, heavy generators, railways, airports,
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terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters,
levees, and canals, and the construction, alteration, maintenance, or repair of such
buildings and works.
(3) Steel means an alloy that includes at least 50 percent iron, between .02 and 2
percent carbon, and may include other elements.
(b) Domestic preference. (1) This award term and condition implements Section
1605 of the American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub.
L 111-5), by requiring that all iron, steel, and manufactured goods used in the
project are produced in the United States except as provided in paragraph (b)(3) of
this section and condition.
(2) This requirement does not apply to the material listed by the Federal Government
as follows:
To Be Determined
(3) The award official may add other iron, steel, and/or manufactured goods to the
list in paragraph (b)(2) of this section and condition if the Federal Government
determines that
The cost of the domestic iron, steel, and/or manufactured goods would be
unreasonable. The cost of domestic iron, steel, or manufactured goods used
in the project is unreasonable when the cumulative cost of such material will
increase the cost of the overall project by more than 25 percent;
(ii) The iron, steel, and/or manufactured good is not produced, or manufactured
in the United States in sufficient and reasonably available quantities and of a
satisfactory quality; or
(iii) The application of the restriction of section 1605 of the Recovery Act would
be inconsistent with the public interest.
(c) Request for determination of inapplicability of Section 1605 of the Recovery
Act (1)(i) Any recipient request to use foreign iron, steel, and/or
manufactured goods in accordance with paragraph (b)(3) of this section shall
include adequate information for Federal Government evaluation of the
request, including —
(A) A description of the foreign and domestic iron, steel, and/or manufactured goods;
(B) Unit of measure;
(C) Quantity;
(D) Cost;
(E) Time of delivery or availability;
(F) Location of the project;
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(G) Name and address of the proposed supplier; and
(H) A detailed justification of the reason for use of foreign iron, steel, and/or
manufactured goods cited in accordance with paragraph (b)(3) of this section.
(ii) A request based on unreasonable cost shall include a reasonable survey of
the market and a completed cost comparison table in the format in paragraph
(d) of this section.
(ill) The cost of iron, steel, and/or manufactured goods material shall include all
delivery costs to the construction site and any applicable duty.
(iv)Any recipient request for a determination submitted after Recovery Act funds
have been obligated for a project for construction, alteration, maintenance, or
repair shall explain why the recipient could not reasonably foresee the need
for such determination and could not have requested the determination before
the funds were obligated. If the recipient does not submit a satisfactory
explanation, the award official need not make a determination.
(2) If the Federal Government determines after funds have been obligated for a
project for construction, alteration, maintenance, or repair that an exception to
section 1605 of the Recovery Act applies, the award official will amend the award to
allow use of the foreign iron, steel, and/or relevant manufactured goods. When the
basis for the exception is nonavailability or public interest, the amended award shall
reflect adjustment of the award amount, redistribution of budgeted funds, and/or
other actions taken to cover costs associated with acquiring or using the foreign iron,
steel, and/or relevant manufactured goods. When the basis for the exception is the
unreasonable cost of the domestic iron, steel, or manufactured goods, the award
official shall adjust the award amount or redistribute budgeted funds by at least the
differential established in 2 CFR 176.110(a).
(3) Unless the Federal Government determines that an exception to section 1605 of
the Recovery Act applies, use of foreign iron, steel, and/or manufactured goods is
noncompliant with section 1605 of the American Recovery and Reinvestment Act.
(d) Data. To permit evaluation of requests under paragraph (b) of this section
based on unreasonable cost, the Recipient shall include the following
information and any applicable supporting data based on the survey of
suppliers:
Item 1.
Foreign and Domestic items Cost Comparison
Description
Foreign steel, iron, or manufactured
good
Domestic steel, iron, or manufactured
Unit of
measure
Quantity
Cost
(dollars)*
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Item 2,
good
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.
15. 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) Iswholly the growth, product, or manufacture of a designated country; or
(2) In the case of a manufactured good that consist in whole or in part of
materials from another country, has been substantially transformed in a
designated country into a new and different manufactured good distinct from
the materials from which it was transformed.
Domestic iron, steel, and/or manufactured good
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(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 iron, steel, and/or manufactured goods. The Buy
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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:
To Be Determined
(4)
(A)
(B)
(C)
(D)
(E)
(F)
(G)
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
u nreasonable. The cost of domestic iron, steel, and/or manufactured goods
u sed 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, including —
A description of the foreign and domestic iron, steel, and/or manufactured goods;
U nit of measure;
Q uantity;
Cost;
Time of delivery or availability;
Location of the project;
N ame and address of the proposed supplier; and
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(H) A detailed justification of the reason for use of foreign iron, steel, and/or
manufactured goods cited in accordance with paragraph (b)(4) of this section.
(ii) A request based on unreasonable cost shall include a reasonable survey of
the market and a completed cost comparison table in the format in paragraph
(d) of this section.
(iii) The cost of iron, steel, or manufactured goods shall include all delivery costs
to the construction site and any applicable duty.
(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 176.110(a).
(3) Unless the Federal Government determines that an exception to section 1605 of
the Recovery Act applies, use of foreign iron, steel, and/or manufactured goods
other than designated country iron, steel, and/or manufactured goods is
noncompliant with the applicable Act.
(d) Data. To permit evaluation of requests under paragraph (b) of this section
based on unreasonable cost, the applicant shall include the following
information and any applicable supporting data based on the survey of
suppliers:
Item I.
Foreign and Domestic Items Cost Comparison
Description
Foreign steel, iron, or manufactured
good
Domestic steel, iron, or manufactured
Unit of
measure
Quantity
Cost
(dollars)*
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City of Fort Worth and Gresham, Smith and Partners
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.
16.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.
17.DAVIS-BACON ACT AND CONTRACT WORKHOURS AND SAFETY
STANDARD ACT
Definitions: For purposes of this provision, "Davis Bacon Act and Contract Work Hours
and Safety Standards Act," the following definitions are applicable:
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(1) "Award" means any grant, cooperative agreement or technology
investment agreement made with Recovery Act funds by the Department
of Energy (DOE) to a Recipient. Such Award must require compliance with
the labor standards clauses and wage rate requirements of the Davis -
Bacon Act (DBA) fQr 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)
(6)
"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.
"Subaward" means an award of financial assistance in the form of money,
or property in lieu of money, made under an award by a Recipient to an
eligible Subrecipient 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.
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(7) "Subrecipient" means a non -Federal entity that expends Federal funds
received from a Recipient to carry out a Federal program, but does not
include an individual that is a beneficiary of such a program.
(a) Davis Bacon Act
(1) Minimum wages.
(0)
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)(i0 of this section) and the Davis -
Bacon poster (WH-1321) shall be posted at all times by the Contractor
and its subcontractors at the site of the work in a prominent and
accessible place where it can be easily seen by the workers.
(ii) (A) The Contracting Officer shall require that any class of laborers or
mechanics, including helpers, which is not listed in the wage
determination and which is to be employed under the Contract shall
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City of Fort Worth and Gresham, Smith and Partners
be classified in conformance with the wage determination. The
Contracting Officer shall approve an additional classification and
wage rate and fringe benefits therefore only when the following
criteria have been met.
(1) The work to be performed by the classification requested is not
performed by a classification in the wage determination;
(2) The classification is utilized in the area by the construction
industry; and
(3) The proposed wage rate, including any bona fide fringe benefits,
bears a reasonable relationship to the wage rates contained in
the wage determination.
(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.
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(iii) Whenever the minimum wage rate prescribed in the Contract for a
class of laborers or mechanics includes a fringe benefit which is not
expressed as an hourly rate, the Contractor shall either pay the benefit
as stated in the wage determination or shall pay another bona fide
fnnge 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
u pon 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
u nder 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,
e mployed 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
o n the site of the work (or under the United States Housing Act of 1937 or
u nder 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 contnbutions 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
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City of Fort Worth and Gresham, Smith and Partners
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)(1), 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/wh347instr.htm
or its successor site. The prime Contractor is responsible for the
submission of copies of payrolls by all subcontractors Contractors and
subcontractors shall maintain the full social security 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).
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(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
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City of Fort Worth and Gresham, Smith and Partners
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 Tess 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
Professional Services Contract - Sustainability Action Plan Page 43 of 52
City of Fort Worth and Gresham, Smith and Partners
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
Professional Services Contract — Sustainability Action Plan Page 44 of 52
City of Fort Worth and Gresham, Smith and Partners
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 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S.
Criminal Code, 18 U.S C. 1001.
(b) Contract Work Hours and Safety Standards Act As used in this paragraph, the
terms laborers and mechanics include watchmen and guards.
(1) Overtime requirements. No Contractor or subcontractor contracting for any
part of the Contract work which may require or involve the employment of
laborers or mechanics shall 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.
Professional Services Contract — Sustainability Action Plan Page 45 of 52
City of Fort Worth and Gresham, Smith and Partners
(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 Distnct of
Columbia or a terntory 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
Professional Services Contract -- Sustainability Action Plan Page 46 of 52
City of Fort Worth and Gresham, Smith and Partners
of Labor, and the Contractor or subcontractor will permit such representatives
to interview employees during working hours on the job.
(c) Recipient Responsibilities for Davis Bacon Act
(1) On behalf of the Department of Energy (DOE), Recipient shall perform the
following functions:
(i) Obtain, maintain, and monitor all Davis Bacon Act (DBA) certified
payroll records submitted by the Subrecipients and Contractors at any
tier under this Award;
(ii) Review all DBA certified payroll records for compliance with DBA
requirements, including applicable DOL wage determinations;
(iii) Notify DOE of any non-compliance with DBA requirements by
Subrecipients or Contractors at any tier, including any non -
compliances identified as the result of reviews performed pursuant to
paragraph (ii) above;
(iv)Address any Subrecipient and any Contractor DBA non-compliance
issues; if DBA non-compliance issues cannot be resolved in a timely
manner, forward complaints, summary of investigations and all
relevant information to DOE;
(v) Provide DOE with detailed information regarding the resolution of any
DBA non-compliance issues;
(vi) Perform services in support of DOE investigations of complaints filed
regarding noncompliance by Subrecipients and Contractors with DBA
requirements;
(vii)Perform audit services as necessary to ensure compliance by
Subrecipients and Contractors with DBA requirements and as
requested by the Contracting Officer; and
(viii)Provide copies of all records upon request by DOE or DOL in a timely
manner.
(d) Rates of Wages
The prevailing wage rates determined by the Secretary of Labor can be found at
http://www.wdol.gov/.
18.PROCUREMENT (10 CFR 600.236, Section (i) "Contract Provisions,"
numbers 1-13)
Professional Services Contract — Sustainability Action Plan Page 47 of 52
City of Fort Worth and Gresham, Smith and Partners
(i) Contract provisions. A grantee's and subgrantee's contracts must contain
provisions in paragraph (i) of this section. Federal agencies are permitted to
require changes, remedies, changed conditions, access and records
retention, suspension of work, and other clauses approved by the Office of
Federal Procurement Policy.
(1) Administrative, contractual, or legal remedies in instances where contractors violate
or breach contract terms, and provide for such sanctions and penalties as may be
appropriate. (Contracts more than the simplified acquisition threshold)
(2) Termination for cause and for convenience by the grantee or subgrantee including
the manner by which it will be effected and the basis for settlement. (All contracts in
excess of $10,000)
(3) Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal
Employment Opportunity," as amended by Executive Order 11375 of October 13,
1967, and as supplemented in Department of Labor regulations (41 CFR chapter
60). (All construction contracts awarded in excess of $10,000 by grantees and their
contractors or subgrantees)
(4) Compliance with the Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented
in Department of Labor regulations (29 CFR Part 3). (All contracts and subgrants for
construction or repair)
(5) Compliance with the Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented
by Department of Labor regulations (29 CFR Part 5). (Construction contracts in
excess of $2000 awarded by grantees and subgrantees when required by Federal
grant program legislation)
(6) Compliance with Sections 103 and 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor
regulations (29 CFR Part 5). (Construction contracts awarded by grantees and
subgrantees in excess of $2000, and in excess of $2500 for other contracts which
involve the employment of mechanics or laborers)
(7) Notice of awarding agency requirements and regulations pertaining to reporting.
(8) Notice of awarding agency requirements and regulations pertaining to patent rights
with respect to any discovery or invention which arises or is developed in the course
of or under such contract.
(9) Awarding agency requirements and regulations pertaining to copyrights and rights in
data.
(10)Access by the grantee, the subgrantee, the Federal grantor agency, the Comptroller
General of the United States, or any of their duly authorized representatives to any
books, documents, papers, and records of the contractor which are directly pertinent
Professional Services Contract — Sustainability Action Plan Page 48 of 52
City of Fort Worth and Gresham, Smith and Partners
to that specific contract for the purpose of making audit, examination, excerpts, and
transcriptions.
(11)Retention of all required records for three years after grantees or subgrantees make
final payments and all other pending matters are closed.
(12)Compliance with all applicable standards, orders or requirements issued under
section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water
Act (33 U.S C. 1368) Executive Order 11738, and Environmental Protection Agency
regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in
excess of $100,000).
(13)Mandatory standards and policies relating to energy efficiency which are contained
in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act (Pub. L. 94-163, 89 Stat. 871).
Professional Services Contract — Sustainability Action Plan Page 49 of 52
City of Fort Worth and Gresham, Smith and Partners
CITY OF FORT WORTH EECBG WASTE STREAM PLAN
To the greatest extent possible, materials generated as a result of implementation of
Energy Efficiency and Conservation Block Grant will be recycled.
All sanitary, hazardous, or non -hazardous waste is required to be handled and
managed in a manner that is compliant with all local, state, and federal laws and
regulations regarding the disposal of waste including, but is not limited to, old light
bulbs, lead ballasts, piping, roofing material, discarded equipment, debris, asbestos,
etc., from the upgrade/installation of energy efficiency projects.
Regardless of the contractor or subcontractor selected by the City of Fort Worth, its
employees, or the waste hauler, all non -hazardous waste, hazardous waste, non-
hazardous with hazardous or environmentally sensitive subcomponents, such as
mercury florescent bulbs, ballast, motor transformers, HVAC, CFC, etc., will be
transported by a state and federally licensed waste hauler for ultimate disposal at an
appropriately licensed waste site in accordance with all federal, state, county, and local
regulations. All waste shall be collected and transported by a company licensed to
operate in the City of Fort Worth.
As projects are planned, all existing materials/equipment to be removed will be
categorized into one of the following• salvageable, non -salvageable, or hazardous
waste. Based on the classification of the waste it will be disposed in the following
manners:
1. Salvageable
a. Salvageable materials will be determined by available markets at the time of
the project. Matenals may include but not be limited to a variety of metals,
cardboard, concrete, and other recyclable materials
b. All salvageable metals will be containerized at the project site until a sufficient
quantity is accumulated to warrant transport to a reputable scrap metal
vendor. Bills of lading will be used to document the materials taken and the
weight salvaged.
c. All materials containing refrigerants will be handled with care to prevent the
involuntary release of hazardous gases The refrigerants will be recovered
whenever possible in accordance with the Clean Air Act requirements. Once
recovered, the remaining metals will be salvaged.
2. Non -salvageable
a. Non -salvageable items may include but not be limited to wood, sheetrock,
plastic, and packing materials.
b. Care will be taken to segregate building materials from putresible wastes.
1. Inert uncontaminated building materials will be disposed at a landfill
permitted by the Texas Commission on Environmental Quality (TCEQ).
2 Putresible wastes will be disposed at a landfill permitted by TCEQ
3. Permitted disposal sites within 40 miles of Fort Worth are included as
Attachment b
Professional Services Contract — Sustainabdity Action Plan Page 50 of 52
City of Fort Worth and Gresham, Smith and Partners
SIGNATURE PAGE
IN WITNESS THER'=OF, the parties hereto have made and executed this Agreement in
multiple originals the day and year first above written, in Fort Worth, Tarrant County,
Texas.
CITY OF FORT WORTH:
>ents.„••••44C.-C.
Fernando Costa
Assistant City Manager
RECOMMENDED:
Randle Harwood
Planning and Development Director
APPROVED AS TO FORM AND
LEGALITY:
/11 4/1_,
Arthur N. Bashor
Assistant City Attorney
ATTEST:
Marty Hendrix
City Secretary
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Professional Services Contract -- Sustarnability Action Plan
City of Fort Worth and Gresham, Smith and Partners
GRESHAM, SMITH AND PARTNERS
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Division Vice President
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Page 52 of 52
c. Weight tickets will be used to document final disposal for all non -salvageable
wastes.
3. Hazardous
a. Hazardous materials may include but shall not be limited to PCB -containing
light ballasts, Fluorescent tubes, refrigerant, and used oil
b. All hazardous materials will be containerized to prevent spillage. A TCEQ
certified hazardous materials handling vendor will be contracted to transport
and recycle and /or dispose of the collected items.
c. All waste disposal must be certified by the contractor to The City of Fort
Worth. Certification documentation may include bills of lading weight tickets,
or other approved documentation. Certification must include quantities and
final salvage or disposal locations.
Professional Services Contract — Sustainability Action Plan Page 51 of 52
City of Fort Worth and Gresham, Smith and Partners
DATE
CODE:
SUBJECT:
3/22/2011
P
COUNCIL ACTION: Approved on 3/22/2011
**P-11215
LOG NAME"
PUBLIC
HEARING:
Authorize Execution of an Agreement with Gresham, Smith and Partners Using Grant
Funds in the Annual Amount of $89 500.00 from the U. S. Department of Energy - Energy
Efficiency and Conservation Block Grant for the Design, Preparation and Implementation
of a Sustainability Education and Outreach Plan
Official site of the City of Fo t Worth, Texas
r0 RT WO RT I j
13 P P 11-0032
SUSTAINABILITY MJ
REFERENCE
NO.:
TYPES
CONSENT
NO
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute an agreement with
Gresham, Smith and Partners using grant funds in the annual amount of $89,500.00 for the design,
preparation and implementation of a sustainability education and outreach plan
DISCUSSION:
On May 26, 2009, (M&C C-23554) the City Council authorized application for and acceptance of a
$6,738,300.00 grant from the U.S. Department of Energy (DOE) through the Energy Efficiency and
Conservation Block Grant Formula Program (EECBG). The grant agreement authorizes
implementation of specific activities in accordance with the City's Energy Efficiency and Conservation
Strategy (EE&CS), which was submitted with the EECBG application. A portion of the grant is
allocated for the design, preparation and implementation of an education and outreach plan based on
the work of the Sustainability Task Force.
On October 5, 2010, (Resolution No. 3924-10-2010) City Council adopted the resolution accepting
the recommendations of the Sustainability Task Force. The EECBG grant funding will help to
implement the Sustainability Action Plan
The Planning and Development Department will use this Agreement to prepare and implement the
public education campaign to encourage residents, businesses and employees to help achieve the
goal of a more sustainable city. This grant -funded project requires no matching funds or cost
sharing.
The Purchasing Division issued a Request for Proposals (RFP) on December 15, 2010, soliciting
qualified firms to implement an education and outreach program based on the work of the
Sustainability Task Force. The evaluation factors included project manager and project team
capability, previous project experience, work samples, ability to meet schedule and current capacity,
consultant ratings and/or past performance on municipal projects, cost and MWBE
An evaluation panel was made up of representatives from the Planning and Development, Code
Compliance, Housing and Economic Development, and a member from the Sustainability Task
Force Proposals were received from the following: Beck Group, Blue Marble Media LLC,
Bumblebee Energy Solutions, Culture Technologies, Inc , Energy and Resource Technology, Green
Canary Sustainability, Gresham, Smith and Partners, Katz & Associates, Inc., Cynthia Miller, Open
Channels Group, LLC, Southface, and The Rogers Group. The recommended vendor, Gresham
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=14890&councildate=3/22/2011 4/26/2011
Smith and Partners, was determined the most qualified to perform the services required.
BID ADVERTISEMENT - This bid was advertised in the Fort Worth Star -Telegram on December 15,
2010, December 22, 2010, December 29, 2010 and January 5, 2011. The Purchasing Division
solicited 100 vendors from the Purchasing system database and twelve bids were received.
AGREEMENT TERMS - Upon City Council's approval, the Agreement will begin April 1, 2011 and
expire September 2012 unless terminated earlier in accordance with its terms.
M/WBE - Gresham, Smith and Partners is in compliance with the City's M/WBE Ordinance by
committing to 25 percent M/WBE participation. The City's goal on this project is 13 percent.
PRICE ANALYSIS - There is no previous purchasing history for these services.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Grants Fund.
BQ N\11-0032\MJ
TO Fund/Account/Centers FROM Fund/Account/Centers
GR76 531200 006484371170 $89,500.00
Submitted for City Manager's Office by: Karen Montgomery (6222)
Originating Department Head: Lena Ellis (8517)
Additional Information Contact: Jack Dale (8357)
Marilyn Jackson (2059)
ATTACHMENTS
http://apps.cfwnet.org/council packet/mc_review.asp?ID=14890&councildate=3/22/2011 4/26/2011